Alaska, 1879-1996, Undated

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anged at Juneau, Alaska (MC) on July , 1883,

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She journals, Memotrs, Sates und
Recollections of the EGartiest
Maskan Gold Miners, 4882-1923
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EDITED BY
Herbert L. Heller
THE WORLD PUBLISHING COMPANY
CLEVELAND AND NEW YORK
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<dd>Nelson Charles’s case, by itself, is not representative of all the
other capital cases tried in Territorial Alaska. Unlike some of the men

hanged in the Territory, Charles was clearly implicated in the homicide for
which he was executed. The question for the jury was not whether Charles had
stabbed Cecilia Johnson, but whether he had intended to kill her, whether he
had acted in self-defense, and whether her death occurred during an attempted
assault. Unlike some men hanged in the Territory, Charles had an experienced
attorney who made an attempt to mount a legal defense during the trial. And,
unlike several other men hanged before abolition of the death penalty,
Charles could speak English, as could the witnesses called by the state.

<dd>Murder was not as uncommon as some might suppose in Southeast Alaska
in the late 1930s. In June 1937 a man was arrested for having drowned his two
sons. In August 1937 a cannery worker was killed by another cannery worker.
In December 1937 a man killed his 17-year-old son. In January 1938 another
woman, the mother of three, was killed. It is clear Southeast Alaska had awoman,

the mother of three, was killed. It is clear Southeast Alaska had a

number of murders.

<dd>Why Charles was the only man executed during this period is not clear.
Male violence against women was not unusual in that time, any more than it is
unusual today. Initial research suggests that, in general, the slaying of a
woman by a man was not itself generally grounds for a death penalty. The
husband who killed the mother of three, for example, was sentenced to life
imprisonment. A wealthy white man in Juneau who strangled his wife with a
stocking in 1946 was sentenced to twenty years. The history of homicide in
the Territory shows that, although men murdered women not infrequently, no
man other than Nelson Charles was hanged for the murder of a woman.

<dd>How much difference would it have made to Charles and to all the other
Natives hanged after 1903 if they had been tried before a judge and a jury
drawn from "Indian Town"? The Alaska Native Brotherhood petition filed on
behalf of Nelson Charles suggests that, in the Indian community, Charles was
condemned for his crime, but was also recognized as a man who was valued and
respected when he was not poisoned by drink. The petition suggests that a
Native jury would have sentenced Charles to life imprionment, and not to death.

<dd>There is no question that white juries frequently sentenced white

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murderers to life in prison and not to the gallows. The court records contain
the files of several such cases tried in Southeast Alaska at approximately
the same time. One such case was that of George Harrison Meeks, convicted in
1946 for the robbery and slaying of Clarence Campbell in Juneau. The
Assistant U.S. Attorney who prosecuted Meeks, Robert Boochever - now a senior
judge of the Ninth Circuit Court of Appeals - has said in an interview with
the author that, in his opinion, Meeks would have been hanged if he had been
black.

<dd>Would Charles have been in a different position if the jury, the
prosecutor, the defense attorney, and the judge had not all come from the
white Alaska population, the same population that did not want to mingle with
Natives, did not want to integrate the schools, and did not want to sit
together at the movie theater on Saturday night? The fact of the racial
divide is undisputed. But what were its consequences?

<dd>This is a question as timely today as it was fifty years ago, and
further research needs to be done on these questions.
<p>
<i>averil Lerman is an attorney and legal historian.</i>
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22) OCTOBER TERM, 1901.
Opinion of the Court.

crime of murder is not an essential averment. Proof that the
crime was committed days before or days after the date named
is no variance. Again, accounting satisfactorily for the money
- found on his person made no defence. It is not stated in the
affidavit that the deceased had money in his possession. There
is nothing in the indictment to suggest that he had, and noth-
ing had at that time been disclosed to indicate that the fact
that the defendant was in possession of so much money, had
any significance in connection with the charge. So that upon

this presentation alone it could not be said that an abuse of —

discretion was clearly shown. :
But, further, the government offered the affidavits of several
parties, which were received without objection, three of whom
testified that they had been soldiers in the United States army,
doing service in the Philippine Islands, were convicted of some
military offence, and sentenced to imprisonment at Alcatraz Is-
land military prison, San Francisco; that when they arrived
at the prison, in the fall of 1900, the defendant Hardy was there
as a military prisoner; that he was discharged therefrom the
latter part of February or the first of March following, and one
of them added that the defendant said that he had been sen-
tenced for a term of five years and a forfeiture of all pay and
allowances. Another witness, George Aston, testified that he
came with the defendant from San Francisco on the schooner
Arago; that affiant left the schooner on June 2, and that on
June 20 he met the defendant Hardy, who told him that he had
left the schooner three or four days after affiant; also that
Hardy showed him a roll of paper money which he said was
about $1200, and added: “ You know this is more money than
I had when I was on board the Arago.” Another witness tes-
tified that the defendant told him that he left the schooner the
day after the witness Aston. Another, that Hardy made a
statement to him, which was afterward reduced to writing and
signed by Hardy, that he left the schooner Arago about June 9,
but could not tell the exact date. Some of these witnesses also
testified to the defendant’s being in possession of a gold watch
and other articles, which he did not have when on the Arago,
and which were afterward shown to have belonged to the de-

ot ig

Fis aa!

HARDY v. UNITED STATES. 227
Opinion of the Court. :

ceased, and also to Hardy’s contradictory statements as to how

he obtained possession of those articles, statements which in

themselves were, to say the least, singular, and tended to create
strong doubts as to the truthfulness of his affidavit.

Under these circumstances it seems to us clear that the court
did not abuse.its discretion in refusing a continuance. Itis true
the trial was held in a remote part of the nation, and where
facilities for securing the attendance of witnesses were not as
great as in more thickly settled portions ; but it is also true that
many of the witnesses for the government were engaged in
prospecting, men without settled abodes, and whose attendance
at subsequent terms it might have been difficult to secure, and
it must have been perfectly obvious to defendant and his coun-
sel that the longer he could postpone the trial the greater the
probability of the absence of witnesses against him. It was
the right of the court to consider all these matters, and when
it appeared clearly from the testimony that some of his state-
ments were false the court might well have concluded that no
reliance was to be placed on the others.

The second assignment of error presented by counsel is that
the court erred in permitting the district attorney to propound
to juror Hayden the following question: “Q. Have you any
such conscientious scruples or opinions as would prevent or pre-
clude you from rendering a verdict of guilty, in a case where
the penalty prescribed by law is death, upon what is known as
circumstantial evidence?” It is insisted that the district at-
torney should have been compelled to modify the question by
striking out the words “ where the penalty prescribed by law
is death” and insert “ where the penalty prescribed by law may
be death,” and this because of a provision in the statute which
permits a jury finding a party guilty of murder in the first de-
gree to add “ without capital punishment.” We see no objec-
tion to the question. The defendant was not prevented from
asking the question in the qualified form which is suggested,
nor was any question propounded by him ruled out. There
was no impropriety in permitting the government to search the
mind of the juror to ascertain if his views on circumstantial

“alse Pass,
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December, 1934

some excuse for having the watch of the
dead man in his Possession; he said
the watches had been given him by
Williams, but that he did not know
Where Williams was now.

“Oh, yes, you do,” contradicted Rich-
ards, “you know where he is just as
surely as you know where you left Con
and Florrie Sullivan and Patrick
Rooney. He’s dead and you killed him;
now isn’t that right?”

Fred Hardy, did not seem greatly
Worried as the marshal accused him of
four murders, and explained the large
amount of money he had as a part of
What he had saved from service with
the Tenth Pennsylvania Volunteers, in
the Philippines. “He admitted he had
deserted from the Argo with Williams,
but claimed they had parted soon after
leaving the ship; he was, however, un-
able to intelligently account for his
time after the meeting with the fisher-
man until his return,

S rapidly as possible the marshal ran

down Hardy’s record. He found
that the Argo’ deserter had been re-
leased from Alcatraz Federal Prison, in
March before he sailed north; he had
been doing time for robbery. His com-
rades aboard ship said the man seemed
obsessed with the idea that a fortune
awaited him in Alaska, and they he-
lieved his only object in signing on was
to get passage there.

Now Unalaska, on the island of that
name, was the principal town on the
Aleutian group; the steamers all put in
there to refuel and take on water and
other supplies, and to await the break-
up of the ice in the Bering Sea.

Amid this peaceful setting, on August
19th, 1901, the trial of Fred Hardy, for
the murder of the Sullivans” and
Rooney, began. He was the first man
ever to be tried for murder in Alaska.
There were insufficient. white citizens
in’ Unalaska from) which to impanel
a jury, so these had to be brought from
Nome at an expense of $332 each; the
distance was 800 miles.

The trial judge was the famous James
W. Wickersham, who came down from
Iragle City, far in the Arctic, to hear
the case; the paraphernalia of the court
Was brought from that city and Nome.
John W. Corson, of Seatt e, and P. C,
Sullivan, a former Mayor of Tacoma,
Were appointed by the court to conduct
the defense; both’ were able men. There
being insufficient houses to shelter the
jury and witnesses, a tent cit was
erected on the shores of the har or; a
special correspondent from the Seattle
Times went north to cover the case.

The trial began with the prosecutor,
John McGuire, setting forth what he in-
tended to prove and a damning list of
events he recounted; all of which he
eventually backed by evidence. He
took the listening jury from the happy
home of the Sullivans in Missoula to
Seattle; from the meeting with Jack-
son and Rooney he took them over the
path to death; he drew out Jackson's
story in such a manner that hardened
miners wiped tears from their eyes with
soiled red bandannas: he pictured Fred
Hardy as having purposely deserted the
Argo with murder in his mind; he said

The

he would show that Hardy had crossed
Unimak Island to Cape Lippen; he ad-
mitted he did not know if Williams was
present at the killings or not, but gave
it as his opinion that he had been mur-
dered by Hardy, likely after the Cape
Lippen massacre, to close his mouth or
merely for the money he carried; he
pointed to the scissors and comb in the
Hardy cache, once belonging to Wil-
liams, as evidence that the suspect had
also. killed Williams; he called atten-
tion to the regularit of the rifle fire in
the hands of the ki ler, while Sullivan,
Rooney and Jackson, cowered on the
beach behind’ the boat; “That.” said
McGuire, “was the rhythmic fire of a
trained soldier,”

Then the evidence was introduced
as has been told in this story—only
there was still much to add. Far to the
south, in Juneau, another deputy mar-
shal had listened to the story of another
man and his comrades who had been on
Unimak during the fatal June. This
was the Reverend Scott, who had been
making some explorations; he = was
camped in the meadows above Cape
Lippen one day in June when there
came into sight two men; he partially
identified one of these men as Hardy;
the other answered the description of
Williams. The man had guns such as
had been taken from the Sullivan Camp,
and this gun was afterwards found by
Marshal Richards in the hands of a man
to whom Hardy had traded it; so the
net drew around Fred Hardy, Through
it all he remained indifferent to what
was being said; most of the time he
seemed to be enjoying himself.

Master Detective

EFENSE Attorneys Corson and Sul-

livan put up the best fight possible
against the strong web woven by Mar-
shal Richards, to no avail. Nobody
would believe that Williams had com-
mitted the crime, as they insinuated, or
that Jackson had done it; that watch in
the cache could not be sworn away.

On August 28th the jury returned a
verdict of puilty and fixed the penalty
at death,

Irred Hardy never lost his fixed smile
as the words which Pronounced _ his
doom were spoken, and he heard the
date of December 6th, 1901, set as the
last time he would see the sunrise, with-
out a tremor. He met death in the same
manner, when on the fateful morning
Marshal Richards led him from the log-
cabin jail to the scaffold. With a smile
he mounted the steps and announced
that he was ready; ten minutes later
he was dead and another mystery of
the northland was marked as solved.

The board which Jackson left in the
cabin was never found; probably
Hardy found it first and destroyed it,
for it seems certain that after placing
the Sullivans under the tent, he had
then followed the lone survivor into the
interior, only to have him escape and
live to tell the tale of the horrible after-
noon on the beach at Cape Lippen,

Jackson returned to Seattle, where he
lived a long and useful life, but he
never quite overcame the shock he had
suffered during those trying weeks on
Unimak Island.

THE Enp

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was close

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December, 1934

me in a few minutes; — can’t run.’

“T went on alone, expecting at any
moment to get a shot in my _ back.
After a while I heard two more shots
on the beach and I knew that Rooney
was dead too. There were tears in my
eyes as | ran, I was so angry, yet help-
less. There was nothing for me. to
hang around for now and being afraid
the fiend would catch up with me if |
tried to run in the heavy rubber boots
IT had on [ took them off and ran in my
steckinged feet. | thought | knew my
directions and | headed for what I
thought would be right for False Pass
because Thad heard the captain of the
Liggie Colby say there were probably
some white men there fishing. I had
no hat or coat either. Night came on
and | got cold; there were snow and ice
on top of the cliffs.

“Ty WO days later | stumbled on to a

deserted cabin; a sod but probably
left by some native; I went inside and
mixed some flour [| found there with
water; [ had no matches with which
to make a fire; I ate the sticky mess
and laid down to rest; I went to sleep.
I was awakened by the sound of voices;
someone was approaching the door; |
jumped up and placed a bar across it.
1 could not understand what was being
said outside so I kept very quiet and
pretended that the hut was unoccupied.
Finally I heard someone crawling on
the roof; then a hole was kicked in
the sod covering ; somebody called down
‘How do.’ 1 did not answer and finally
they left; I am sure they were natives;
] thought they had come to kill me as
they had killed the Sullivan boys and
poor Rooney. | decided I had _ better
try and leave some trace of what had
happened to us in case I was_ killed
myself, so | dug a short piece of pencil
out of my pockets and scribbled a
rough, short account of the whole thing
on an old piece of board, and deft it
where | thought it could some day be
found.

“Next morning TP ventured) out and
Started in what TP thought was the diree
tion of False Pass; out at sea TP saw a
ship which looked like the Lizzie Colby;
] tried to signal her but before | could
get off my shirt to wave I saw three
natives watching me from the beach,
so | ran again. Finally I knew I was
lost, and that I had gone West instead
cf East; I could see Mount Shishaldin
on my left and Pogromni on my right;
I was afraid to continue so close to the
beach so | started across the island—”

“Why, man, that’s a mountainous
country,” interrupted the officer, “and
you had no shoes; no coat; no hat.”

“I can’t help what you think,” an-
swered Jackson, unruffled by the appar-
ent doubt on the part of Griggs.
“That’s the way I went, and finally
I came out at a place which | after-
wards learned is called Scotch Gap; I
had crossed the island and was on the
southern shore, near the entrance of
Unimak Pass. I crawled under a boat
and there Williamson found me; he
knows the rest and I think he at least
believes I am telling the truth; he
knows I was nearly dead. It is my
opinion that the murders were com-

The

mitted by natives,” Jackson concluded.

“You tell a strange story,” mused
Griggs, “and I’m not saying it isn’t
true—seventeen days without hat, coat,
shoes or food. You walked barefoot
over those rocky mountains—let’s see
your feet.”

Obligingly Jackson took off his shoes ;
there were a few cuts on the soles, but
nothing to show he had walked for days
over rocks.

“How do you account for the fact
that Captain McDonald reports these
men were stabbed?” continued Griggs.

“T have no explanation for that,”
said) Jackson, “but tT can tell you one
thing you are wrong about; the cross-
ing from the north to the south side
where I went is not rocky. After you
reach the top of the cliffs along the sea
shore there is a high plateau, covered
with meadows and moss and filled with
all kinds of game; I saw lots of caribou
and brown bear; the meadows were
covered with wild flowers.”

In many ways the story did not stand
up with the known facts. In the first
pel Captain McDonald had reported
but two men dead at Cape Lippen and
these had been found under the tent,
while according to Jackson both had
been killed some distance from that
spot. If so, why had the killer gone to
so much trouble to drag the bodies such
a long way? And why had the bodies
been knifed? And where was Rooney?
Had the two men separated after the
killing and would Rooney’s story jibe
with Jackson’s, if Rooney could be
located? If Jackson’s boots could be
found would there be a bullet hole in
them? All these and many other un-
cleared points troubled Deputy Mar-
shal Griggs’ mind as he mulled over
Jackson’s tale.

Master Detective

CAPTAIN CROSLEY, of the King-

hurst, who had talked long” with
Captain McDonald, said the master of
the Liggie Colby had advanced two the-
ories about the murders. One was that
whalers had killed the Sullivans for the
$3,000 they were known to have on their
persons when they left Seattle; another
was, that a quarrel had ensued and they
had been killed by Rooney or Jackson,
or both; McDonald took no stock in the
story that natives had killed the men,
for there were many tracks still in the
sand at Cape Lippen and they were
white men’s tracks.

ew continued to insist that he
believed the natives were the killers
and this did much to bring suspicion
down upon him. Finally he was taken
into custody and Marshal Griggs set
out with him for Cape Lippen on board
the cutter Manning; U. S. Commis-
sioner Nb of Unalaska, was also
a member of the party.

The investigators landed at Cape
Lippen on July 18th, 1901, and without
difficulty located the graves of the mur-
dered men. The bodies were exhumed
and an investigation made by the ship’s
surgeon. He found that both men had
been repeatedly stabbed, but he found
also that they had been shot, and ap-
parently in the manner described by
Jackson. At least they had been killed

(Continued on page 85)

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December, 1934

(Continued from page 83)

from behind, one with a shotgun and
the other with a rifle; this, of course,
lent some credence to Jackson's story.

Deputy Marshal Griggs was soon
joined on the island by his chief, and
together the two men went over every
spot incident to the murder. “They had
Jackson pick out the exact location
trom which the firing had been done
and the location of each person in the
party at the time of the murders. Then
the draftsman of the Manning worked
out the line of flight of the supposed
lethal bullets as compared to. the
wounds in the bodies and found that
all this substantiated Jackson’s account
of what had happened.

AND finally, following instructions

given by Jackson, the party came
upon what little remained of Rooney.
The body was in a bad state of pecay:
there was hardly anything but a skele-
ton but even this served to bear out the
truth of Jackson’s statements, for the
knee bone had been shattered by a bul-
let and there were two bullet holes in
Rooney’s cap, found near his body.
Marshal Richards had in mind one
more test before he was ready to accept
Jackson’s version of the killings. Now
he asked Jackson to take him to the
top of the cliff by the route over which
he had escaped; the points where the
men had fallen were marked by mem-
bers of the party. Jackson had said that
from his point of vantage he could sce
Rooney on the beach below but could
not see the killer rifling the pockets of
Con Sullivan. Again the simple details
of the weird story stood the test, and
the officers had to admit they had not
found one single flaw_in Jackson’s ac-
count of the crime. They even found
the boots which the fleeing man had
discarded and through one of them was
a neat bullet hole which had evidently
missed flesh.

Nevertheless the officers could not
bring themselves to believe that the In-
dians had been the killers; it didn't
look like a native crime. Now Marshal
Richards turned his thoughts to the
strange man whom the crew of the 177-
zie Colby had encountered on the cliffs.
Did he hold the secret of the mas-
sacre? Or was that) man Jackson?
Had he, becoming lost, wandered aim-
lessly about near the scene of the crime
for several days before starting across
the island? Certainly it should not
have taken him seventeen days to make
such a trip. Was it possible Jackson
was so clever he had shot all these men

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si ssactoeleriaviesirenesseORorn cwocesestseea J

and yet made it appear another had
done it? Did he purposely create the
impression’ that someone else was on
the island by allowing himself to be
seen By the Lizzie Colby crew while he
carcfully kept his own distance, depend-
ing upon that and his beard to baffle
identification? Just then there was no
answer to. these perplexing questions,
however much the officers turned them
over in their minds; they turned to
other things.

Now the sea, in the vicinity of Uni-
mak, broken by other small islands, is
sufficiently calm in the summer to
permit the use of small boats, and fish-
ermen, like Williamson, sometimes
roved a great distance in their dories.
Fresh water was abundant on the island
and they often landed for that pur-
pose. But, reasoned the marshal, there
were few white men in the Aleutians
and few points inhabited, and the
movements of these. men were almost
certain to be observed and noted, so he
sent Deputy Marshal Griggs on a quiet
hunt to ascertain what other persons
might have been on Unimak that pre-
vious spring; he had an idea that who-
ever else held the death-bed secret of
William String might also have gone
prospecting near Cape Lippen!

RETURNING to Nome, Marshal
Richards discovered that in the fall
of 1900, following the death of String,
the Thomas Bard had taken prospectors
Jack White and William Titley, to
Unimak, on a hurried trip. But by the
time the Thomas Bard reached the
island the weather was so rough a land-
ing was not possible. At Port Moller,
on the Alaskan Peninsula, east of Uni-
mak, it was found that this pair had
again returned to Unimak in the spring.
And about this time Titley and White
turned up in Nome.

Questioned by Marshal Richards
they admitted they had just returned
from Unimak; the marshal had to give
them the age-old warning then that
whatever they said might be used
against them.

“We've nothing to hide,” said Titley.
“We were probably on Unimak when
the murders were committed, if the day
you have fixed is the proper one. We
saw the graves of the two men on the
beach.”

Then the men accurately described
the cross over the graves and the word-
ing upon it; that exonerated them, of
course, unless they had been to that
gruesome spot on Cape Lippen twice;
before and after a murder.

But most interesting to the officers
was the fact that these men claimed
they had crossed Unimak on the same
trail as that taken by Jackson.

“We saw no signs of him,” said the
men, “but we saw many sod huts such
as he described and one of them had a
hole freshly kicked in the roof; in an-
other were some fresh onions scattered
about.”

Jackson had) made no_ mention of
these—who had left them?

“Nearer the Cape,” said Titley, “we
had found a cabin in which there was
a ‘rocker’ used recently by prospectors;
And here we found also a San Francisco

The Master Detective

Examiner. Vs date was May 17th, LoOt.”

Marshal Richards perked up; if this
story were true he had at last found a
valuable clue, for the Sullivans had
landed at Cape Lippen on May 12th,
five days before that paper had been
issued. :

Now Unimak Island wasn’t the sort
of place men would go to without a
surpose; the Sullivans and the ‘TVitley-
Vhite party went in search of gold, in-
spired by the tale of William String.
And, someone else besides these had
been there too; they, thought the mar-
shal, went to murder. But who knew
the Sullivans were on that island?
There came to mind the fishing boat

The man who was hanged for the
murder of the Argonauts

Argo lying off the southern coast of
Unimak, taking on fresh water, while
the Lizzie Colby was there. Unques-
tionably the crews of the two boats had
commingled; did that mean anything?

Marshal Richards located the Argo
and he was given the startling infor-
mation that while the ship was taking
water at the same place again, about
the first of June, two of the crew had
deserted! ‘These men, named Fred
Hardy and George Williams, now be-
came the object of an intensive search
by the officers of the Northland.
Among other things Marshal Richards
also learned that the Argo had been in
ort at Unalaska just before the men
had deserted; that is to say, a week

‘previous; San Francisco papers were

available at Unalaska; the issue of
May 17th, would have just arrived at
that time.

At a point on the island near where
these men deserted, Marshal) Richards
found a fisherman, named John Han-
sen, who said he had seen men answer-
ing the description of those sought;
they had tried to rent a dory from him
about the first of June; he did not re-
member the exact date. Hardy then
had no money, but Williams paid for
the boat and they set out together.
Some days later Plardy returned in the
boat alone, and said he had left Wil-
liams on the island. Hardy, that is the
man who answered to his description,
now had plenty of money. He rented
the boat for a trip to the northeastern

end of the island, through False Pass,
to an unmapped place called Dora Tlar-
bor, where a small company of white
men were working for a cannery, that
summer. Hurrying to this place the
marshal found that the suspected man
was still there and that he went by the
name of Hardy; he was occupying a
cabin with fishermen Rosenberg and
Scott.

Marshal Richards did not at once
reveal his identity, but loitered about
with the fishermen, who had_ heard
nothing as yet of the murders; he
watched them all closely to ascertain
which of them was closest to Hardy;
gradually he discovered that it was
not the men with whom_ Hardy
bunked who seemed to have his confi-
dence, but one George Ashton, who had
a cabin alone, where the suspect, Rosen-
berg and Scott often went to gamble.
The marshal found that the deserter
from the Argo, for he was not con-
vinced this was the man he sought,
still had considerable money on him,
although his losses at the gambling
table had been heavy. Williams had
never been seen at Dora Harbor.

It finally became evident to the mar-
shal that he would probably never find
Williams, and in’ the meantime he
thought he sensed a restiveness on the
part of the man he shadowed; he won-
dered if Hardy had begun to feel sus-
aca that he was being watched. At
ast he decided to take the deserter into
custody.

HE shack in which Ashton’ and

Hardy lived was at the very edge of
the Pass; the marshal waited until it
was surrounded on three sides by the
tide; then drawing his revolver he
rapidly approached the front door.
Without even pausing to knock he
threw the weight of his shoulders
against the heavy planks and forced
his way into the room. Several rough
men sat at a gambling table; the mar-
shal covered them all, and from the
group arrested both Hardy and Ashton.
Hardy was armed, but so swiftly did
the marshal act that if he had any in-
tentions of resisting arrest he had no
opportunity. Despairing of — finding
Williams and believing he too was most
likely dead at the hands of this man
who now seemed to be enjoying life so
immensely, the marshal arrested both
Hardy and Ashton. Soon, however, it
became evident that Ashton could only
be an accessory after the fact as he was
in Dora Harbor during the entire month
of June. However this man_ proved
a source of valuable information; he
revealed the location of a cache belong-
ing to Hardy.

And from beneath some old boards
near the shack of Ashton, was pulled
a little bundle in which were tied two
watches. In the back of the case of
one of these was the inscription, “From
Julius to Florrie’; Julius being the
real name of Con Sullivan. There were
yversonal belongings in that cache which
identified it as the property of Ired
Hardy, and likewise articles eventually
identified as having at one time be-
longed to the missing Williams.

Trapped, Fred Hardy had to offer

December

SOME eXcl
deac
the
Will
where Wj
“Oh, ve
ards, “yo
surely as:
and Flor
Rooney. |
now isn't
Fred H
Worried as
four murd
amount of
What he h
the Tenth
the Philip;
deserted tr
but claimec
leaving the
able to in
time after
man until

S rapid
down |}
that the 4
leased from
March heti
‘been doing
rades aboat
obsessed wi
awaited hir
lieved his o1
to get pass:
Now Una
name, was
Aleutian gro
there to reft
other supplic
up of the ice
Amid this
19th, 1901, tI
the mi
Rooney
ever to
There were
in’ Unalaska
Jury, so the
Nome at an
distance was
The trial ji
W. Wickersh
Eagle City, |
the case; the
was brought |
John W. Cor:
Sullivan, a fc
Were appointe
the defense:
being insuffici
Jury and wit
erected on the
special corres}
Times went |
The trial by
John McGuire
tended to proy
events he rece
eventually bac
took the listen:
home of the §
Seattle: from
son and Roone:
path to death:
story in such 2
miners wiped te
soiled red band.
Hardy as havin:
Argo with mur

THE SCHOONER LIZZIE COLBY—

Spades, picks and other mining
tools were on the spot, and the sea-
men started‘digging a grave. As the
remains were interred, Captain
McDonald recited a brief passage
from the Burial Service.

With his knife one of the crewmen
then carved on a piece of board:

Sullivan Brothers
Buried here June 17, 1901

This was fastened to a scantling
and propped against the grave with
rocks. The tent, tools, bedding and
other utensils that remained were
. then gathered together and taken
aboard the Lizzie Colby.. There
Captain McDonald discussed the
double murder fully with his first
mate, Thomas Lawson.

What ‘should they now do? Re-
port the matter immediately to the
authorities at Nome, more than 1500
miles distant, or first conduct a
search for the missing Jackson and

age ia

Captain McDonald, master of this vessel, brought the gold prospectors Rooney themselves?

to the Aleutians, and on making a return call, found them murdered.

FRED HARDY—
When an investigator learned of his army enlistment,

he saw connection with timed and spaced shooting.

It was decided to first put a larger
landing party ashore and conduct a
hunt, but the seamen were cautioned
that the two men they sought might be desperate killers
and armed so, even if they sighted them, they were to
keep at a safe distance.

Later that day a man was sighted, skulking furtively
along the foot of a cliff. But his face was so hidden by
a dirty, matted growth of beard that even through his.
binoculars Captain McDonald could not recognize him
and, when hailed, the man turned and ran from view.

HE SEARCH was continued the next day, and again

the same man was sighted. This time he was sur-
prised well within shouting distance, and the searchers
called to him to wait or approach. Instead the man
shouted back: ‘“There’s no gold on this island,” therr
again ran away. But this time all agreed that the man
appeared to be Jackson. Then why his strange behavior?
And where was Rooney? Had he, Jackson, killed Rooney
as well as the Sullivan brothers and was he now hiding
on the island awaiting opportunity to get away un-
observed with the money he had stolen?

It certainly looked that way but, realizing that he
could not carry on with such a hunt indefinitely, Cap-
tain McDonald called it off and headed the Lizzie Colby
for the fishing grounds, deciding to report the matter
fully to the authorities when he again reached Nome.
But the next day the schooner sighted and bespoke an-
other ship, the Kinghurst, under the command of Cap-
tain Crossley, heading for Nome. The ships were heaved
to, and taking the tent, tools and other articles brought
from the campsite, Captain McDonald boarded the
Kinghurst. After being given full particulars, Captain
Crossley agreed to report the tragedy, and this he did,
to Marshal Frank H. Richards, when the Kinghurst
arrived at Nome on July 20th.

Double murder! And, apparently, the murderer still
hiding out on Unimak Island.

Marshal Richards acted promptly.

At the time, the United States Revenue Cutter Man-

ning wa
Griggs t
Manning
and, if
Jackson
while t}
island t!
more th:
Johnson
Jackson.
emaciat:
headed.
It wa:
and by
Deputy !
nesses, :
wild, ra
Jackson
beginnin
Durin;
acquaint
in Seatt]
showing
discover:
Rooney \
consider
The st
they we
The Sul)
men fro:
ness trip
matter f
a search
This «
were thi
was poi:

a cache
d, three
a grave.
d of an
igh time”
ney that
ixice of
ruthless
‘a high
gallows!

By C. V. TENCH

CANNING the shoreline through his binoculars,
Captain McDonald, master of the fishing schooner
Lizzie Colby, tautened as the campsite he was
searching for suddenly loomed up in the lenses and

he noted that the tent now was flat! A trifle in itself,
the portent was ominous.

The Lizzie Colby was now standing off a bare mile
from Unimak Island—some 70 miles long by 20 miles
wide—of the Aleutian Islands.

Many ex-service men of World War II have dismal
recollections of those islands, but at that period—around
the turn of the century—very few Americans from the
continental United States had ever seen them.

A few weeks before, on May 12, 1901, Captain
McDonald had landed a party of four men, together with
food, a tent and other equipment, at Cape Lapin, Uni-
mak Island, and on leaving had been asked to call back
in about a month. It.was now June 17, and Captain
McDonald had returned. But no waving figures ap-
peared to welcome the vessel and the tent was collapsed,
whereas when the Lizzie Colby had departed it had been
firmly erected. ’

Then where were the four men, the two brothers,

Connie and Florrie Sullivan, and their two companions,

Owen Jackson and Patrick H. Rooney?

The qu:rtette had come into the possession of an old
map supposedly showing the exact location of a fabu-
lous hoard of raw gold, and had hired Captain McDonald
and his slip to take them to Unimak Island on a hunt
for the treasure.

Gold lust and murder? All through history they have
been closely associated and, even as he issued orders to
lower and man the dory, Captain McDonald was won-
dering if once again a search for raw gold. had ended in

tragedy. He was soon to know.

PICKING their way over rocks and

loose shale, the landing party ap-
proached the tent, and as they drew
closer Captain McDonald saw that the
tent had not been collapsed by the ele-
ments but that the guy ropes had been
deliberately cut! :

He nodded to his men. Slowly they
rolled back the folds of canvas, revealing
the bloody and partly decomposed corpses
of the two Sullivan brothers lying side by
side. Dropping to his knees Captain
McDonald examined the bodies. When he
got to his feet his face was set.

,
~

U.S.S. MANNING— at
The officers of this revenue cutter heard a wild
tale from a suspect who turned out to be innocent.

“It’s murder!” he told his silently watching men.
“Both have been shot and stabbed. And look!” He
indicated footmarks and furrows in the sand. “It looks
as if they were killed some distance away and then their
bodies were dragged to here.”

The members of the ship’s crew listened, stared and
nodded.

“The thing is,” Captain McDonald went on thought-
fully, “who did it? Where are Rooney and Jackson?
Did they do it? Kill the Sullivans for the several
thousand dollars in cash they knew they had on their
persons?” —

“It sure looks that way, sir,” one of the seamen volun-
teered, after another long period of silent staring. “Be-
cause the way all their pockets are turned inside out
sure looks like they were robbed.”

“Yes,” Captain McDonald agreed. “And when I ex-
amined them, I noted that the moneybelts ‘and the
gold: watches and chains they wore were also gone.
Well, men, all of you make mental note of what you see.
Then we must bury them.” ; ;

in| the ALEUTIANS

51)

CANNT?’
Captai
Lizzie
search

he noted t)

the porten:

The Liz:
from Unin

wide—of t)

Many e:
recollectio:

Instead of c cache

of raw golc, three papell
- continenta!

men found o grave. A few

. ‘ McDonald
food, a te:
And instead of an mak Islan
in about :

expected “hich time” McDonald

peared tov

on the moncy that whereas w’

firmly erec
; ° Then w!
was the price of — connie anc

Owen Jack

murder, a ruthless § oon
killer found a high ; lous hoard
spot on the gallows!

and his shi
for the trea
Gold lust
been close]:
lower and
dering if o:

THE MURDERED BROTHERS—
Connie (left) and Florrie Sullivan, both mining
men from Montana, were among the victims. An
associate, Patrick Rooney, was also murdered.

: #|

THE LONELY GRAVE— Wty
The rough cross pictured at,
the right was erected in 1901!
by members of the crew of the
fishing schooner, Lizzie Colby.

’ mining
the sea-
As the
Captain

' passage

crewmen
ard:

1901

scantling
ave with
iding and
ied were
and taken
.. There
ssed the
his first

do? Re-
‘ly to the
than 1500
onduct a
‘kson and

t a larger
‘onduct a
cautioned
te killers

were to

furtively
idden by
ough his.
nize him
mm view.

nd again
was sur-
carchers
the man
d,” ther
the man
ehavior?
{1 Rooney
w hiding
way un-

that he
ly, Cap-
zie Colby
1e matter
-d Nome.
‘poke an-
1 of Cap-
‘e heaved
s brought
rded the
. Captain
s he did,
‘inghurst

lerer still

ter Man-

ning was in port. Assigning Deputy Marshal A. C.
Griggs to the case, Richards ordered him to board the
Manning and proceed to the scene of the crime at once
and, if possible, to apprehend the man believed to be
Jackson running at large on Unimak Island. But even
while the revenue cutter was steaming towards the
island there arrived at Dutch Harbor, Unalaska Island,
more than 100 miles from Unimak, a fisherman named
Johnson who had aboard his boat the missing Owen
Jackson. And Jackson was in terrible shape; weak,
emaciated from lack of food, but half-clothed and light-
headed.

It was weeks before he regained health and normalcy,
and by then the government cutter had arrived and
Deputy Marshal Griggs, with officers of the cutter as wit-
nesses, at once proceeded to question him. It was a
wild, rambling and well-nigh unbelievable tale that
Jackson poured out, and he started right from the very
beginning.

During the previous winter, he began, he had become
acquainted with Rooney, who was an experienced miner,
in Seattle. Rooney had with him a crudely drawn map
showing where a prospector, now dead, had allegedly
discovered raw gold in quantity on Unimak Island. But
Rooney was penniless, as was Jackson, so could not even
consider financing a trip to Unimak Island.

The story of the map was noised abroad and presently
they were approached by Connie and Florrie Sullivan.
The Sullivan brothers, middle-aged prosperous mining
men from Missoula, Montana, were in Seattle on a busi-
ness trip. The upshot had been that after going into the
matter fully the Sullivan brothers had agreed to finance
a search for the gold.

This quickly became public knowledge and not only
were they warned of the hazard of the journey, but it
was pointed out that never had it even-been hinted that

there were deposits of raw gold in the Aleutians. Just
the same, the quartette went to Nome by regular steam-
ship service, and there they had hired Captain McDonald

to take them on to Unimak Island.

“And what happened after you landed on Unimak?”
Griggs asked. “Did you quarrel amongst yourselves?”

Jackson said that they had not. He went on to ex-
plain that they had commenced prospecting as soon as
they had erected the tent and made a comfortable camp-
site. But at the end of a week they had found no trace
of gold, even though they had followed the guidance of
the map meticulously.

Then, Jackson continued, they had decided to try their
luck at Unimak Pass, a few miles further along. Using
the small boat left for them by the Lizzie Colby they had
taken two loads of stuff and when returning in. mid-
afternoon from the last trip for the tent and else that
remained, had noted when they were about a mile from
Cape Lapin someone moving about their campsite. Then,
when they were closer, Connie Sullivan called out:

“Look! There’s a man making off with a big pack on
his back! We're being robbed! Row hard!”

They had then leaned on the oars with all their.
strength, but by the time they had reached the shore
there was no one else in sight. Hastening to the tent,
they saw that their belongings had been thoroughly
ransacked and that their firearms, ammunition, and food
which they had left for the last load had been stolen.

“Blast him!’ Connie Sullivan had yelled. “Come on!
Let’s go after him!”

“But he’s armed, and we’re not,” Rooney had pro-
tested. “And maybe there’s more than one.”

Without answering, Connie Sullivan had started in
the direction the man had taken, with his brother and
Jackson and Rooney trailing behind him.

“I guess Connie was a good (Continued on page 66)

se out
4d and
ee in
trix’s
| chat
inthe
ecund
oe O0*
‘] was
tC } by
iiton-

Fnstru-
" gov-
e dis-
ned a
since
“rcum-
“ndue
h vali-
e will,
‘sturb

Ome ;

tly

LaMOORE, Eugenes: black, hanged Juneau, Alaska, on April 1h, 1950.
Achiblad, black, hanged Juneau, Alaska, March : 198.

MOORE, Aust
t LA MO

Cite as 180 F.2d 49

LA-MOORE vy, UNITED STATES.
No. 11893.

United States Court of Appeals
Ninth Circuit.

Jan, 18, 1950.

Eugene LaMoore was convicted in the
District Court for the Territory of Alaska,
Division No, 1, George W. Folta, J., of first
degree murder, and he appealed.

The Court of Appeals, Mathews, Circuit
Judge, held that evidence sustained finding
that the statement was voluntary, that state-
ment was not rendered inadmissible on
ground that it was a privilege communica-
tion, and that alleged privilege was waived
by failure of defendant to object to admis-
sion of statement on ground that it was priv-
ileged.

Judgment affirmed.

1. Criminal law €=412(2)

Mere fact that defendant was in jail
and wore leg irons when he made statement
did not render the statement involuntary
and inadmissible in murder prosecution,

2. Criminal law 414

In murder prosecution, evidence sus-
tained trial court’s finding that statement
was voluntary and was not obtained as re-
sult of force, fear, threats, promises, offers
of reward or any other improper influence.

Comp.Laws Alaska 1933, § 4757.

3. Criminal law C414, 532(2), 1153(6)

In determining whether a confession
or a self-incriminating statement is volun-
tary or involuntary,’ trial court is neces-
sarily vested with a very large discretion,
which will not be disturbed on appeal unless
a clear abuse thereof is shown.

4. Witnesses ©199(1)

Statement made by defendant to an
attorney and transcribed by the attorney,
was not rendered inadmissible in murder
prosecution, on ground that it was a pri-
vileged communication, where the attorney
was not employed as an attorney by defend-

!. Section 4757 provided: ‘Whoever, being
of sound memory and discretion, purpose-
ly, and either of deliberate and premedi-
tated malice or by means of poison, or in

180 F.2d—4

ant and was not defendant’s

Comp.l.aws Alaska 1933, § 4310.

attorney.

5. Witnesses ©>206

Statement made by defendant to an
attorney and transcribed by the attorney,
was not rendered inadmissible
prosecution, on ground that it was a pri-
vileged communication, where the state-
ment was made, not to attorney alone, but
to attorney and United States Deputy Mar-
shall. Comp.Laws Alaska 1933, § 4310.

6. Witnesses C21 9(3)

Statement made by defendant to an
attorney and transcribed by the attorney,
was not rendered inadmissible in murder
prosecution, on ground that it was a pri-
vileged communication, where defendant
did not object to the admission of the
statement in evidence on ground that it
was privileged, since failure to object was

a waiver of the alleged privilege. Comp.
Laws Alaska 1933, § 4310.

in murder

Som ere

Joseph A. McLean, Juneau, Alaska, for
appellant.

P, J. Gilmore, Jr., U. S. Atty., Stanley D.
Baskin, Asst. U. S. Atty., Juneau, Alaska,
for appellee.

Before MATHEWS, HEALY

POPE, Circuit Judges.

and

MATHEWS, Circuit Judge.

Appellant, Eugene LaMoore, Alias Aus-
tin Rollan, was indicted under § 4757 of the
Compiled Laws of Alaska, 1933,1 now § 65-
4-1 of Alaska Compiled Laws Annotated,
1949. The indictment charged that on or
about December 22, 1946, in Division No.
1, Territory of Alaska, appellant, “being of
sound memory, and discretion, purposely,
while engaged in robbing Jim Ellen, mur-
dered the said Jim Ellen by cutting him.”
Thus appellant was charged with the crime
of murder in the first degree. Appellant
was arraigned, pleaded not guilty, was tried

_perpetrating or in attempting to perpe-
trate, any rape, arson, robbery or bur-
glary, kills another, is guilty of murder
in the first degree, and shall suffer death.”

DETECTIVE

_ MURDER IN ALEUTIANS

‘Continued from page 53

hundred yards ahead of us others,”
Jackson running, “and, so mad he was
almost running. And then there came
a rifle shot and Connie stopped, then
went down. And next a man, rifle in
hand, showed up from behind a big
rock. We others stopped,,as we were
unarmed, and just stood there watch-
ing, while this man walked to where
Connie lay and searched him.” ;

“Did you recognize the killer?”
Griggs asked. “Would you know him
if you'saw him again?”

“He was a stranger to me,” Jackson
answered, “and had a. moustache and
about a week’s growth of beard, but
T think I’d know him again if I saw

“And then what?” Griggs asked.
“Well”—Jackson’s throat worked
and his eyes became bleak—‘“it was
pretty awful. Florrie, Rooney and
me then started running back to-
wards our small boat, and then the
man began shooting at us.
cried out and went down with blood
just pouriny from his leg. . Florrie and
me daren’t stop to help him, but kept
pin on running. We reached the boat,
which we'd pulled up onto the beach,
and hid behind it. Just the same,
the man kept right on'shooting, some
of the bullets whistling over our heads
and some smashing right through the
boat. And one funny thing I noticed
was that the shots came at regular in-
tervals, like a man might shoot on a
firing rang«.”
Griggs lcaned forward. ‘What?
Timed firing?” :
_ “Yes, at spaced intervals of a few
seconds.”
Griggs made careful note of this

eats og, A trivial point, and later it
Madore elp put a noose about a man’s
nec f

“And by then,” Jackson continued,
“bullets were coming so. close that,
even though we were out of sight,
Florrie and me were ducking and
dodging all the time. And the boat
was no shelter, as the bullets just
bored right through it. Florrie then
said that he was going to try and make
the shelter of a rocky cliff about a
hundred yards away, so we started out
on the run. We had made about half
the distance when Florrie suddenl
went down, exclaiming, ‘Oh, God!
He's got me!’

“I kept right on running and had
just reached the cliff when a_ bullet
ripped' through my boot, bringing me
down. I felt no pain and there was no
blood when I tore off my, boot. The
bullet hadn’t touched my foot. So I
kept on and got behind a'big rock.

‘Looking down, I could see Florrie
stretched out and not moving, but
Rooney was trying to drag himself to

the top of the cliff where I was. I

called to him to try harder.

“I can’t,’ he called back. ‘I can’t
walk. And if you come back to help
me he’ll get you too. Keep going, and
good-bye, Owen.’ ”

ACKSON then recounted how he
went on alone, expecting any mo-

66 ment to receive a bullet in the back.

Rooney .

And presently he did hear more shots,
but as no bullets came near him he
surmised that it was the killer finish-

ing off Florrie Sullivan and je ggg 4 .
a -

‘or two days and two nights,
less, coatless and without shoes, Jack-
son declared, he stumbled blindly on,
afraid to stop and rest.
came across,a native sod hut. After
securing the door he curled up on the
dirt floor and dropped into the deep
sleep of an utterly. exhausted man.

The next day, he said, he was
aroused by voices and someone try-
ing the door. Dreading that it might
be the killer and a companion, he
remained quiet and motionless. Then
he heard someone on the roof and dirt
showered down as a hole was kicked
in the sod. He next glimpsed a man
peering down, but in the gloomy in-
terior of the hut he evidently did not
spy Jackson,

‘So then,” Jackson said, “they went
ae and I started to breathe again.

“The rest'‘is a sort of nightmare. I
set out again that night, and once or
twice I sighted natives and avoided
them, as for all I know it was a na-
tive who did the killing.”

Griggs shook his head.

“Aren’t you forgetting,” he asked,
“that you told us that the rifle fire was
spaced as if the killer had had mili-
ay training?”

‘or a moment Jackson looked con-
fused. Then: “That’s right,” he ad-
mitted puzzledly. “And I don’t think
many of the natives have rifles; in fact,
most of them have never even con-
tacted white men. So what would
they want with our money? No, I
guess the killer’s a white man.”

“But who?” Griggs asked. “And
what was he doing on Unimak? The
odd fisherman or ship’s crew landing
for water are about the. only white
men who ever visit any of the Aleu-
tians for the simple reason that they’re
so bleak and barren there’s nothing to
visit them for.”

“Maybe it was someone who'd heard
about our party and the map and got
there ahead of us and laid for us,”
Jackson. suggested. .

“Possible,” Griggs conceded. “And

ou say that you stumbled, utterly

ost, over’ Unimak for days without
any shoes? That’s rough and rocky
territory. So weren't your feet badly
cut? \Let’s see them.” .
Jackson bared his feet, revealing the
scars of only two or three slight cuts.

’ As Griggs shook his head and ex-

chan glances with the Manning
officers, Jackson hurriedly explained:
“Unimak’s not as rocky as you think.
At the top of the cliff I came onto a
sort of plateau covered with grass and
wild flowers: And I saw deer and
brown bears.” —
- “T see.” Griggs again exchanged
glances with the Manning officers,
then tried a long shot. gins
“Why,” ‘he_asked slowly, his eyes
boring into ‘Jackson’s, “did you run
away from Captain McDonald and his
men? Why did you call to them that
there was no gold on the island?”
For a.moment Jackson seemed to

And then he -

shrink. He rubbed his forehead con-
fusedly. “I guess I was just about
crazy,” he said quiveringly. “Think
what I’d.been through; seeing my
partners shot and being shot myself.
And then I thought if they caught me
mes Se put the blame on me.”
“Naturally they would, I suppose,”
Griggs agreed sternly. ‘Well, to help
rove your story, will you come to
nimak Island with us now and show
us these spots you've mentioned?”
“T hate to go back,” Jackson re-
plied slowly, his eyes haunted, “but
if I must, all right.”

oF THE following day the Manning
landed Griggs and several offi-
cers, including the ship’s doctor, at
Cape Lapin. The grave was easily
located and the bodies of the Sullivan
brothers were exhumed. Examination
revealed that in addition to being shot
both had been repeatedly stabbed.
But why, if they had been shot as
widely apart as Jackson had stated,
had the murderer troubled to drag
them both to the campsite and cover
them with the-collapsed tent? And
as he had done so, then why had he
not also dragged the remains of
Rooney tothe same spot?
Rooney were dead.

For, so far, Griggs had very much
doubted Jackson’s story—his theory
peep | that, both being poor men, he
and Rooney had killed and robbed the
brothers and then separated; Rooney
perhaps managing to get off the island,
while Jackson had become lost. Or,
perhaps, Jackson had later even killed
Rooney. — .

A search for Rooney’s body was
then commenced. And all that re-

- mained was found—a corpse in such an

advanced state of decomposition that
it was little more than a skeleton, yet
examination by the ship’s doctor re-
vealed that Rooney had been shot in
the leg, as Jackson had stated, and
twice through the head. :
Drawing the officers of the revenue
cutter beyond. earshot of Jackson,
Griggs discussed the case from all
angles—and they were many.
Unimak was an extremely hard-to-
reach and rarely visited island, yet
three white men had now been ruth-
lessly murdered on its barren terrain.
Who was the killer, and how had he
come to be there? He must be some-
one who had known of the arrival of

.the four gold-hunters and that two of

them—the Sullivan brothers—would
have carried large amounts of cur-
rency on their persons. But, ruthless
and determined as the killer had been,
sf had he not tracked down Jackson
and also shot him, ‘the only eye-wit-
ness?. Had the killer tried this? But
had _ Jackson, fleeing in blind panic,
evaded him, as Jackson had sworn?
Or was Jackson the killer?

The officers of the revenue cutter
then pointed out that the venture had
become common knowledge in Seattle.
Furthermore, there were many fish-
ing and sealing schooners in the vicin-
ity, and not only did such ships often
speak one another but when they put

That is, if. -

crews of
mingle, an:
would ha\
brothers’ ;
Griggs a:
ing back :
guide them
through t}
up the clifl
Unerring
and there t
he had dis:
a bullet go
the heel joi
So far, J:

: seemingly j

th ae

ens eit

substantiat:
In conse
Rooney’s rr
cent buria
brothers’ b
Griggs too!
ning with |!
where he n
shal Richa:
Marshal |
full report
‘was promi:
require to 2
But wher.
ards decide
ginning wo
that at Sea’
out if any ;
ciall inte
brothers’ q:
The answ
of men had
many had :
them along
ther instru:
custody, as
he was the }
tale he had
lies with tri
had been ab
There was t
that after «
had, in an e!
far from Ca
ally become
gested that,
instituted -o
several thoi
and the cost
the Sullivar
have had o:
set out.

Y NOW
crime
and a few |
upon Mars!
headquarte:
as Jack Wh
‘We're pr
to clear ou
the dates w«
we were on
the three m
“What?”
“Why, then.
“Oh, we
actual spot.
at Scotch C:
mak’s a big

ing in Seat:

going on al
proposed ex
also hunt a

- Passage on ‘

“7

‘I see.”
thoughtfulls
bitten pair.
waver.
“And so,’
were now):
crime.”
“Yes, we
swered sur}

{ con-
about
Think
ff TH

vyself.
‘ht me

pose,”
o help
me to
i show
a?”

m re-
. “but

rnming

easily
dlivan
nation
ig shot
abbed.
hot as
stated,
» drag
. cover
’ And
had he
ins of

it is, if. -

- much
theory
1en, he
ned the
Rooney
island,

revenue
Jackson,
rom

rard-to-— -

ind, yet
on ruth-
. terrain.
‘had he
»e some-
crival of
it two of
—would
of cur-
ruthless
ad been,
Jackson
eye-wit-
is? But
d panic,

sworn? ~-

« cutter

‘ture had —

1 Seattle.
ny fish-
he vicin=-
ips often

they put

“small boats ashore for fresh water the

crews of such vessels would inter-
mingle, and no doubt many of them
would have heard of the Sullivan
brothers’ party. | :

Griggs agreed with this, then, turn-
ing back to Jackson, asked’ him to
guide them to where he had been shot

through the boot while scrambling’

up the cliff.

Unerringly, Jackson led the way,
and there they found his boots where
he had discarded them, and one had
a bullet gouge along one side where
the heel joined the uppers.

So far, Jackson’s story, even though
seemingly impossible, had been well
substantiated. :

In consequence, after seeing that
Rooney’s remains were accorded de-
cent burial and that the Sullivan
brothers’ bodies were again interred,
Griggs took Jackson aboard the Man-
ning with him and returned to Nome,
where he made a full report to Mar-
shal Richards.

Marshal Richards, in turn, made a
full report to highs authorities and
was promised all the aid he would
require to apprehend the killer.

But where to begin? Marshal Rich-
ards decided that right from the be-
ginning would be the best, so asked
that at Seattle effort be made to find
out if any persons had seemed espe-
ally interested in the Sullivan
brothers’ quest.

The answer came back that scores
of men had been interested, and that
many had asked the brothers to take
them along. And Richards was fur-
ther instructed to keep Jackson in
custody, as there was the chance that
he was the killer and had made up the
tale he had told, cunningly weaving
lies with truth in such a way that he
had been able to substantiate his story.
There was the chance, it was believed,
that after committing the crime he
had, in an effort to get off the island as
far from Cape Lapin as possible, actu-
ally become lost. It was further sug-

ested that, if possible, a search be

tituted’on Unimak Island for the
several thousand dollars in currency
and the costly gold watches and chains
the Sullivan brothers were known to
age mag on their persons when they
set out.

B* NOW varying accounts of the
crime had been noised abroad
and a few days later two men called
upon Marshal Richards, at his Nome
headquarters. They gave their names
as Jack White and William Titley.
“We’re prospectors, and we've called
to clear ourselves,” Titley. began. “If
the dates we’ve heard are correct, then

: | we were on Unimak Island on the day

the three men were shot.”

“What?” Richards sat up straight.
“Why, then—”

“Oh, we were nowhere near the

actual spot,” Titley interrupted, “but -

at Scotch Cape, at the other end. Uni-
mak’s a big island, you know. But be-
ing in Seattle when all the talk was
going on about the Sullivan brothers’
proposed expedition,-we decided we’d
also hunt around Unimak, so bought
passage on the Thomas Bard.”’ :

“T see”? Richards eyed both men
thoughtfully. They were a pretty hard-
bitten pair, but their cyes did not
waver.

“And so,” Richards went on, “you
were nowhere near the scene of the
crime.”

“Yes, we were—later,” Titley an-
swered surprisingly. ‘In fact, we even

tie
ci

saw the Sullivan brothers’ grave. But
until we were later picked up again

‘by the Thomas Bard we didn’t know

that they’d been murdered; thought
they’d maybe met with an accident or
died of scurvy or something.”

“And what else?” Richards asked,
his eyes still probing.

“Jackson’s story is now common
knowledge,” Titley pointed out. “If
it’s true, then we must have crossed
the island almost by the same line,
only going in the opposite direction.
Anyway, we did come across several
sod huts of the type native hunters
build, and one of them did have a
hole kicked in the roof.” : F

“But you men didn’t do it?” Rich-
ards asked, recalling that Jackson had
stated that he had heard the voices
of more than one man,

“No.” Titley’ shook his head, ex-
changed glances with White. — “But
say!” He suddenly leaned forward.
“J’ don’t know if this’ll help you or
not, but in one of the huts we figured
that a white man had been there only
a few days before, because we found
a part of the San Francisco Examiner
dated May 17, 1901.”

“You did?” Richards also leaned
forward. “Why, that paper was dated
five days after the Sullivan party
landed on Unimak. It certainly might
mean something!” ,

“Yes,” Titley agreed. “And another
thing, .marshal, Unimak’s hardly the
place a man would visit, unless he had

a purpose. Say a deserter from a.

schooner hiding out for a while, fel-
lows like us and the Sullivan party
hunting for gold, or a man who, know-
ing all about the Sullivan party, went
there with the intention of robbing
them. It was common knowledge that
the two brothers had quite a lot of
money on them, and some men wo
commit murder for a lot less than they
carried, especially some of the toughies
we get up here.”

“Quite true,” Richards conceded.
“Well, you fellows stick around; I
might need to question you further.”

“Don’t suspect us, do you?” Titley
asked as he and White got to their
feet. j

“Any man who was on Unimak at
the time of the murders is a suspect,”
Richards replied bluntly.

Again exchanging glances, without
another word Titley and White walked

from the room.

Fol: long time Richards sat at his

desk thinking. hard. Titley had
mentioned that the piece of the San

Francisco Examiner might have been’

taken to Unimak by a deserter. There
were many such deserters, for in those
days life aboard the sealing and fish-
ing schooners was so hard and rough
many men could not stand it. Others

deserted after personal differences |

with officers or other seamen,

Summoning et eu Griggs, Rich-
ards told him and ordered that
they must find out when the issue of
the San Francisco Examiner for May
17 would have been on sale in Alaska,
and also trace and question all desert-
ers who had quit their ships during
the past two months.

It was quickly learned that the
newspaper would have been on sale
about the end of May. Richards and
Griggs then concentrated upon de-
serters.

At, this time the skipper. of the
schooner Argo called upon Richards.
He had learned of Richards’ quest for
deserters, he said, and had called to

inform the marshal that after the
Lizzie Colby had.landed the Sullivan

arty, his crew and members of the
) pte & Colby crew had mingle! some
20 miles farther on at Uritia Bay,
while taking on fresh water. And, the
Argo master enlarged, when the
watering had been finished, two mem-
bers of his.crew had been missing. He

ave their names as Fred Hardy and

eorge Williams. Either they had re-
mained on Unimak, the skipper con-
cluded or, in some way procuring a
small boat, had rowed to one of the
other islands.

Three suspects so far, and now there
were two more. The skipper of the
Argo had supplied good descriptions
of Hardy and Williams, so Richards
immediately instituted a v:orous
search for the two men, but they
seemed to have vanished from the face
of the earth.

The search was further handicapped
by the fact that the Aleutian Islands
are many and, if a man had a sea-
worthy small boat and was well pro-
vided with food, he could move from
one island to another at will and re-
main hidden almost indefinitely. And
the murderer would be thus well pro-
vided as he had stolen the food sup-
plies taken in by the Sullivan party.
Just the same, the hunt continued.

FISHERMAN named John Han-
sen recalled renting a dory to
two men who answered to the descrip-
tions of Hardy and Williams. The boat
was paid for by the man who re-
sembled the description of Williams,
Hansen stated, but when the boat was
returned the man who resembled the
description of engi was alone and he
displayed plenty of money. Hardy—
if that’s who it'was—then hired Han-
sen to row him, the few miles to Dora
Harbor, where a cannery employing
‘natives and a sprinkling of white men
was operating.
After talking over this information,
Richards and Griggs concludéd that it
might pay them to visit Dora Harbor
personally so, posing as seamen, they
set out.

Arriving, they found that so re-
mote and isolated was the spot that
none of the. cannery workers appeared
to have even heard of the triple mur-
der, so Richards and Griggs did not
enlighten them, but after identifying
themselves to the manager went to
_— themselves as ordinary cannery

ands.

The first day they learned that one
of their fellow workers was ed
Hardy and that he was still going by
his rightful name—hardly the be-
haviour of a guilty man! Just the
same, Richards and Griggs took turns
in. shadowing Hardy day and night.
In this way. they discovered two
significant things—that Hardy was

‘very furtive, secretive and apprehen-

sive, and also in possession of a
considerable sum of money. Yet, ap-

parently, he was only an ordinary sea- '

man temporarily turned cannery
worker! : ;

_ hey further learned that Hardy
lived in a shack alone with another
worker named George Ashton, that
both men were inveterate gamblers
and that furthermore they both al-
ways carried revolvers.

e fact that Hardy was always
armed somewhat forced matters for,
Richards and -Griggs decided, it
would be unsafe to question him—
especially if he were the murdcrer—

until he was separated from his gun. 67

——— we

In consequence, not wishing to risk
a gun fight, just after midnight one
night Griggs 2nd Richards crept up
on the cabin \here Hardy lived.

They waite: until after midnight—
for a reason. The building in which
Hardy and Ashton “bached” was right
on the beach and around midnight,
when it was high tide, it was sur-
rounded on three sides by water. Only
the entrance to the structyre was

- approachable by land.

Outside: the door Richards and
oh drew their own revolvers, in-
hal deep breaths then, ‘without
knocking, Richards crashed the door
wide. Inside, grouped around.a table

at bo cards were Hardy, Ashton and

‘Richards alone.

.tody and calicd to

one,

hree other white cannery workers.
Richards and Griggs had them covered

before they could recover from their

rise. All five men were then
ordered to stand up, turn around and
raise their hands above their heads.

The method Richards and’ Griggs
had employed was definitely a wise
for as Richards and Griggs
searched them and. Hardy and Ashton
were relieved of their weapons, the
venomous glare Hardy gave the offi-
cers indicated that he would have un-
doubtedly used his revolver had he
had the chance.

The other players were allowed to
go, after brief questioning, but Hardy
and Ashton were interrogated rigor-
ou Questioned regarding the miss-
ing Williams, Hardy merely shrugged,
so Richards and Griggs drew their own
conclusions. Likely, somewhere on
one of the bleak and uninhabited
islands, or in the icy waters of the
Bering Sea, was all that remained of
Hardy’s erstwhile partner.

Ashton, white-faced and frightened,
then said that he would like to talk to
Still keeping him
covered, Rich:rds then took him out-
side. Ashton ‘hen quickly offered an
alibi which ‘vas unassailable. Just
the same, Richards kept him in cus-
riggs to bring
Hardy outsid:. Both men were then
handcuffed and, leaving Griggs to
guard them, itichards commenced to
search the shack. It was small, and
the search did not take long, and pro-
duced nothing that might incriminate
Hardy. When searching the suspect
Richards had found several hundred
dollars in currency but, if he were
the killer and robber, then somewhere
there should »e thousands. But even
several hund:cd dollars in currency
was a lot for : ship deserter and can-
nery worker ‘o have on his person, so
going outside again Richards asked:
“Where'd yo get all the money I

“Some I win at poker,” Hardy re-
plied sneerin:‘ly, “and some I saved
when I was in the army.”

“You were in the army?” Richards
asked sharp!.. recalling what Jackson
had said abou. the deliberately spaced
rifle shots. ¢

“Sure,” Hordy replied. “I served
with the Tenth Pennsylvanians, in the
Philippines, Now maybe you'll tell us

what this is all about.”

“Youll know all in good . time,”
Richards answered, now more con-
fident than ever that in Hardy he had
the killer, “and in the meantime we'll
lock you up in the cannery stock
room,’

HOwEvE, even though they be-
lieved that in Hardy they had the
triple murderer, Richards and Griggs
agreed that they had little real proof

of this; nothing, in fact, except that on
Hardy they had found a few hundred
dollars, which he might have come by
as he had said, and the fact that he
had received military training.

In consequence, going over every.

angle again at breakfast the next
morning they decided that in some
way they must hunt for proof in the
shape of finding what had been stolen
from: the Sullivan brothers.
going outside and gazing over the
bleak landscape they realized that they
might search ‘indefinitely and not find
the killer’s cache—even if he had one
pas be

And then they got a break. Ashton
sent word that he would again like. to
talk to them alone.

“I’m scared of Hardy,” Ashton be-
gan quiveringly when he, Richards
and Griggs were seated in the man-
ager’s office.
let drop while we’ve been living to-

ether that he did the shooting at

ape Lapin. And I think he knows
that I know and I’m scared that I
might go the way of Williams.”

Watch next month’s

CRIME DETECTIVE
FOR THE STORIES

THE DEVIL IS A DAME
and

I WAS THE
UNDERWORLD'S
BLONDE BETRAYER

eer Featured in
-" the April Issue of
_ ‘CRIME
DETECTIVE
(On Sale February 25th)

“You think that he also killed Wil-
liams?” Richards asked.

“Sure of it,’ Ashton nodded. “And
last night he hinted what’d happen to
me if I talked. But I’m talking just
the same.” ;

“Why?” Richards asked.

“Because I don’t want to be jailed,
maybe hanged for being an. acces-
sory after the fact,” Ashton answered.
' “What else?” Richards asked.

So frightened that he was almost on
the point of collapse, Ashton glanced
furtively over his shoulder, then lean-
ing forward said tautly: “If you'll
guarantee me protection, I'll show you
his cache. Sometimes at night when he
thinks I’m asleep he goes to it. To get
more money, I guess, because he’s sure
lost a lot at poker.”

“On your feet,” Richards ordered.
as he and Griggs also rose, “and lead
us to the cache!”

ed gee CACHE was nothing but a

deep hole beneath a large rock
barely a half-mile from the shack
where Hardy and Ashton had lived,
but from it Richards withdrew that

- which damned Hardy utterly—more

But on.

“I know by what he’s .

than $2,000 ‘in currency, two gold
watches and chains bearing inscrip-
tions which proves ye! ad once
belonged to rrie and Connie Sulli-
van, a wallet that had once belonged
to the i Williams and, most
damning of articles and personal
papers, including an army discharge,
which were Hardy’s, this definitely
identifying him with the stolen money
and articles. :

Carrying everything with them,
Richards and Griggs next went to the
storeroom and confronted Hardy.

“Turning me loose?” Hardy asked.
And then he saw what Richards and
Griggs were carrying—and behind
them Ashton!

“Why, you dirty—” he cursed, lung-
ing forward, but being still hand-
cuffed was easily stopped.

“That won't help you,” Richards
said sternly. “We now know all. You
and Williams deserted from the Argo
and slipped ashore at Cape Lapin with
the deliberate intention of robbing
the Sullivan party. Williams might
have done the stabbing, but you did
the shooting; we’ve proof of that.”

“What proof?” Hardy challenged.

.“Timed and spaced army-style
range shooting,” Richards replied.
“Now tell us what you did to Wil-
liams.”

“Try and find out!’ Hardy retorted.

Richards let it go at that.

RED HARDY was arraigned for

trial at Unalaska, the principal
town'in the Aleutians, on the island
of Unalaska, on August 19, 1901. He
had the doubtful distinction of being
the first man to be legally tried for
murder in Alaska. And so sparsely
populated was Unalaska, the total
population both native and_ white
being less than 300, sufficient white
men to form a jury’ had to be brought
almost a thousand miles from Nome.
Judge James W. Wickersham presided,
Attorney John McGuire was appointed
to conduct the on while At-
torneys John W. Corson and P. C.
Sullivan appeared for the defense.

Hardy was given a fair trial and it
lasted for nine days, but during that
time Prosecutor McGuire built up
such a damning case from the evi-
dence Richards and Griggs had so
peer gathered together that,
aided by e testimony of several
witnesses, it was practically un-
assailable.

_ Defense Attorneys Corson and Sul-
livan did their best, but it was im-
reset to refute the evidence of what

ichards and Griggs had found in
Hardy’s cache. And Jackson's testi-
mony of the military-style timed rifle
shooting, coupled to the fact that
Hardy had served in the army, also
made a great impression upon the
jurymen. In consequence, a verdict of
guilty was returned and on August
28, J i Wickersham sentenced
Hardy to hanged by the neck until
he was dead.

Hardy’s response was merely a ven-
omous glare..: Heavily guarded while
awaiting execution, he not only failed
to confess but refused to even mention
the crime.

He was still tight-lipped and ven-
omous when, on the morning of De-
cember 6, 1901, he mounted the
specially bujlt scaffold. A few min-
utes later he was pronounced dead.

Present ‘at the execution, Marshal
Richards and Deputy Marshal Griggs
then exchanged the quiet looks of men
satisfied with a good job well done.

At six
March 9th,
without re,
the search ‘
sified whe:
William T.
lyn Detecti
charge of t

Already
Avenue st«
George A.
Squad, ha:
of the pre
loaded ni:
scattered
Carrol wa:

“He mu
his books
next to th«
gan report
communic:
Rose Carr:
300 East 9:
he emptic
receipts Jk

fired, but t

his assaila:
fact that
Crete yo
open 10>
ulled fro
rown to
placid feat
“Brodsk:
least five f
improbabl«
woman in
mented th
yet heard
store and
Captain
Carroll’s 1:
knew and
soon as tl
“Chances <
he reachec
thing at h:
ward off |
shoes wou!
swung it.”
Nineteer
attractive
slain mer«
Inspector
inspection
as to whe
sonal or |
might hav
Dad was :
men in tt
that he k

ans:

0:
eonraks

nt. in-Alaska.

NOS,

Karen:

The first execution in Alaska took place in Wrangell on Dec. 29th
1869. % A stickine indian by the name of Scutdoo was convicted
--by an Army Courtsmartial on December 28th of the murder of a

white trader in Wrangell and was executed by hanging the next

Gay. Actually, the Army had no jurisdiction to impose this
sentence.

The incident is reported in "Bombardment of Wrangell, Alaska”
S.Exec. Doc. No. 68, 41st Cong. 2d Sess, 1870.

-There were a number of lynchings that were initiated under miner's
‘law in early Alaska.

.In the Fall of 1877 a whiteman by the name of Boyd committed

a murder in a Wrangell dancehall. A miner's meeting was held,
because there were no courts in Alaska at that time. A judge

was chosen from amongst the miners and counsel appeared for both

the prosecution and the defense. Bovd was found guilty and

--was sentencea@ by the miners court to be hung. He was executed
. the same day.

The story is told in Wrangell and the Gold of the Cassiar,
by Clarence L. Andrews (privately printed 1937). It is
also repeated in some of the early army records.

Two indians were also found guilty of murder by a miner's court
jn Juneau in July 1883 and were hanged on the beach. This story
is reported in Sourdough Sagas by Herbert L. Heller, p. 20. It
is also substantiated in some of the early naval records of

Alaska.

There was also at least one hanging by a miner's court in
Valadez Guring the gold rush of 1898, but I don't have any
specific information on that.

oo fe ia - ee gp et Wf cha. L/Lthe£
wea LXf- te pEntie y ften7 AIHA UC thn SLE a ies
v vs a 503/.
: V2 3/77

wt ahaa aati ttnmtectte Te er
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NAME x FATHER - SPOUSE PLACE SEX] mo. DAY YR AGE NUMBER
- pm Mee see f
FRED HARDY wT, ¥ 79 Nome mM} 9 | 19 | 02 | --+1 No Record —
White . G, 19.0 2 |
Cause: Legal Execution by hanging le
rie Alaskon
HOMER BIRD <= Jy, Sitka Mi 6 | 03 | ---| No Record
White | . peas:
Cause: Legal Execution by hanging} 3.7.69 Buried at Sitka
~MAILO P, SEGURA Single Fairbanks M 4 ig:¥ 2) 36 | 21-0221
White | Parents: 0 so Res.: = -
Occupation: Laborer ‘Birthplace: Buried at Fairbanks
Cause: Executed according to law Montenegro
(hanging)
HAMILTON wee Fairbanks M 10 7 21 awe No Record
Indian : | - 2 ZL:
Cause: Legal Execution by hanging Upp ee fe
VA i
CONSTANTINE BEAVER Wife: Bertha Fairbanks M 9 7 29 $2 29-0702 -
Indian it K uke parc ros Res.: «<=
Occupation: Hunter whit.fud Uluet Buried at Fairbanks
Cause: By hanging upon Warrant ;
for Execution ;
NELSON CHARLES | Wife: Rosie Juneau Mj. Ll 10 } 39 38 39-1119:
Indian Res.: --- :
Occupation: Laborer & Fishing Buried at Juneau
Cause: Legal Execution - Hanging ee
ee Saye pee paar nee “tee! es ; an mew ce sadn ——— a ee — - _ eee, ome
AUSTIN ARCHIBALD NELSON Single Juneau M 3 1 48 29 48-0201 |
Negro ParentS: <--= Res.: Same
Occupation: Seaman Buried at Juneau
Cause; Legal Execution by hanging |
EUGENE LaMOORE orAUSTIN ROLLIN or | Wife: Elizabeth) Juneau M 4 ‘14 50 16 90-0181
GENE RAWLINS | Res.: Same
Negroid . Buried at Juneau |
Occupation: Auto Mechanic |
Cause: — Legal Execution by hanging

P.O. Box 2501

VPred Hardy White "- Second Septenber 19, 1902 Wome “&?
Homer Bird | White . Kirst -March 6, 1903 Sitka NM Rey |
Hallo Segyra . Indian white Fourth April 15, 1921 Fairbanks + 7.22}

\ ‘Hamilton . : Indien Fourth October 7,,1921 Fairbanks v7X- |
Constantine Beaver Indian _ Fourth September 7, 1929 Fairbanks a Ae
Nelson Charles Indian First ilovember 10, 1939 Juneau <t// 97
4ustin #. Nelson Negro First March 1, 1 9f.8 Juneau #o20!
Eugene Lamoore Negro First April 1h, 1950 = Juneau # ©! rig

oan y em
4 : CO Se ate ST So oo ye Ae re tk "%
te SAT SAC ere ‘ PRR EEE eke J ee ee Or 8 AY 6 > thea + Ad hs 4

Os i espn b Sona es oe ss g.. Ming es TL : f ro ate Sure Tigh Ores 5 ‘4 is a ae
“. Oa chee ae eat eT tae Te Staal pte Se Z za oe a — gee :
‘ Te eb tak eo i BS a Soe A Ee OR SS ern Oe 2
x Nett’ 2 P sere ears) rhe x S 2s
< = am NA DRESS: rrewecee ey ae <i

> tex. x

Gy he eee ae 312 East Mission Avenue
Spokane, Washington .
wu 99202 3
é . | August 10, 1965
a IGv2 tu SMe kee |

The Curator
Alaska State Museum and Historical Library /

: U ° i
4 gh / . - 3
¢ . ? 3 . :

Juneau, Alaska

. | 4 l aN L Bs:
Dear Sir: , (y - !
I am a student at the iniversity of Washington, I have been working with Prefessor
Negley K, Teeters, of Hartwick College, Oneonta, New York, in compiling a list of all
persons legally executed in the United States. By research in the files of the Alaska i
Daily Empire, at the University of Washington Library, I have found that 9 persons
have been legally hanged in Alaska. | They are as follows: Se, a

2 staat fon wins ent
Pe ne are oe “ st

JAMS RACE . JUDICIAL DIVISION | BASCUTSD » PLACS

a gry lM =—
a y sieaeiaianan

I have listed 8 men because I have absolutely no information on the 9th man, except 4
that he was hanged in the Third Judicial Nivision, at Valdez, Alaska. Tne Alaska
Daily Sire for November 10, 1939, on the hanging of Nelson Charles, fives a state-

—-_~

ment by or. Charles E, Bunnell, President of the University of Alaska, in which Dr.
Bunnell mentioned that there had been 6 hangings in Alaska betore that of Charles,

anu tnat one of these hangings took place in Valdez. Also, the Alaska Daily Eapire
for April 15, 1921, on the hanging of Mallo Segura, stated that Segura was the third
man hanged in the Territory, and mentioned the tio earlier hangings of Hardy and Bird.
The article on Charles' eyecution mentioned that the last hanging before that of Ctrrles
had been that of Constantine Beaver, in Fairbanks ; an 4929. T can narrow down the per- i
30a of time in which this execntion at Valdez occurred to betueen the years of 1921 and |

wi i

peat os

etd iain ae

en A et Sos Mra ed

I canmunicated with Hrs, Vokacek., the Clerk of the Superior Court at Anchorage, last De-]
cember, and she informed me that her staff can find no mention of a deatn sentence which

was executed during that period of tine. Podls
. ge? aaa te a:

I would certainly anpreciate any helr that you could give
the date of the execution of this man at Valdez. Flease tee i
information on the other executions in Alaska that JT have stated, if you think it would i:

be helpful to your work.
Sincerely yours, a?

fh. Ved oh 4

Charles J. Zibulka ps

od aes Ss :

2 Socal HM nric gs Ponts WV Wetec WO i 7
Aa [pe , (hae “nahh 2. SSH PSG 6 2=
i dip hae Le

a
es “ y,
J “LL ¢ Lief C. Pierre a Le oo PAN
a ¢ OM
Pian ore { _ sien La Le te VwuEr jak Le GOP

Wit el: Le nV Waa
hot

VICTIM

aoe
Ua, A iL: hil by sglipite
V ty Vo Pe Che ‘Lo 7 o gt a, Lert~ enihkag

———<—$———

2? A<ec

Baty

Cad bung
‘ dect tore tuesd @ we. tre at bd Ga. ae:

ho Ai ttn. 4-2

Ugly, 2 5 AOL

TRIAL

LA. ‘ Unala Ltt
Ue -2— if Y £4KAWX

LA bade

LCL

shiloh: ASczstsa hx a Lg Lg oe tee li ot ls

Ged hig clare dat biti

wt Lute Ptaggitt if [I 102

,s
Aoi ze,

2
Sap e

:. speed by'so that his mental agony
_ might be ended. bag aca

; which continyed ! until ‘the --floce

{ed Gy > Dr. Fred“ B." Angle* of ‘ths

a 6 2 Jug : Senses, medical :
oe required. AY “le ‘were ‘preset | :

Es sleet Eynatty ; Teskatta, ais9/ 8. m5
coat he 5 wa found rng Pf mart

ROTI

~ . Committed at River

. Quickly

Constantine. Seaver was hange
at 4:25 o'clock this:merning-in tho
building adfoining the federal court-
houss. Nine minutes. later life was

“pramsumend extinct by the pbys-
iciom tyho had measured the Indian's
failing pulsehcats, ,

* On! ly a few minutes elapsed from
the time cfiicers entered his cell}.
until the trap was sprung.

Heavy clouds were revealed by the
breaking Cawn asthe Indian had his

‘last losk at: the sky in the short
walk from ti jail to the building
: which | the. execution was pee
formed. °
” Hopeful ° “ih oughout pos gre ater
part of the nfeht that & stay ot ex-.
tcition would | Birive iver:
hiltscl¢ with fortitude han oud

ed that he must, die. His. only. wish
was that the intervening time might

us. His composure: was eeeetoa a 2s
«little less than Yemarknble. when the
- last minutes “came. - ‘Although | -of-
. ficers walked beside, him and: held
- him by the. arms. it was. said: he
“would: have been able to walle un:

nen ‘Beate pdachad ‘tive qa |
_. chamber-he brokelinto a tribal chant

s which Beaver eave
his Wile was comenitted in the Holit-
“pa river country last Deceraver. ‘He

regs!

Is Executed for Murder

Trecklenberg and wife. ~ ~

| University be
} school...

P Fela oat Speed

SYD, Inte of Wish Sept. Pe
Th WR avkiters eruesttn: tg fewer}

tian any human being has.
ever travelsa before and s2f-
ting a now-world’s recerd for
the Schne ider Cup, Great
Britain successfully Cefendcd

the cimp against Italy on the
tenth anniversary of the race.

* wt A speed of 323.63 miles en
\ ee Village hour, wes attained by Fiyins
me ; Officer 8. R. De TWochom,
~ DIES -W ITE ] BRAVERY The former record cf 518,624
gc we tiles ror hour was established
AS indian n’s Only Wish Was at Venica Inst year by Mojor
Y for Dea ath E four Come. =| |-8° Permardt of, realy.

sre oward pcre are:
Miss T. A.

Ed Richter, Rev. John
Roberts, Grace

sUTAN, WY. i
Wurmser, Charles L,

Mrs. J. Edmonds, Sylvia Erickcon,
Cc. B. Late enderz, ‘Mrs. Kerry Ava-
koff, Ed Avakoif, Harry Avakoit, BP,
&. Lanen. J. A. Marsh, Mrs . Marsh,
Marie Marsh,’ : :

‘Mrs. BH. Erwin, Mrs. hi. Me-
Cauleff, Edna Roop, atheviie Mal-
loy, Mrs. M. B.° Malloy, Irene Mal-
.4loy, C. A. McConnell, wife ond ‘@Bu=

% hs dees 5. ts 4

Konzan’s s Serum. Aids

Malta. Fever Viet

- KANSAS. CITy (P)\—A serum to
treat Malta fever, a disease recently
prevalent iri. several | infdwestern
And eastern states, has been develop. |.

~ His bacteria ‘Vvatcine, . made”

tan, : ‘is. being studied by rr,

bay sbi

oe tee. ‘aaa ‘Chie, < bile:

STAT TLE, Sept. 7, — The, steam-

wee ad

ship Yuken eniled at. 9 o'clock this

pene with 0? first class and sev-
steerace passengers absard. The Behehowss -

ite, J. H. Cooper,
Dr. C. BE. Stee: ‘Miss Edna Erooks,

ghter, W. H, Newton, Haward- Muet
and two steerage. eas a ee

germ Dbelleved to esse. tha: athe. é 7

“e

A te Ahan ctr
Ce 4,

iN ae maag we Och faa
~~

eae takin tgp mae sentem i
FY
& ©

: Preante 2 tel
UG gee week

ii a
ij “|
5 pers, 7 '
5 f .

3 ion Fo
Peg 8) ig
1.3 A)
jd taatt dle eed &
ti

+ |

‘5 we @

Ps ' x men
2? 3 a

Dinmoaec
ae 6 SEE
omni

ee ot he %

(Er

SOT C msaach

cided the
Sor. was ed
Ushting s sil
cd at ned
will take ?

Tha wil
to the lig!
Becision }

Bee

prison sy
have drall
for yenrs,

reorganize:
+ A legisls

officials of

ganization
When ry

tien
cultures of | ‘“brucelia - “abortus,” ‘thet:

Hasséitins of , the : tated ates ee “bbiiee

SCH! |

¢aught fire :
Texas “| 3]
Spliti ag

AUSTIN

state . pris

how Texe “

86 8 ALASKA REPORTS

tion 2259, for the reason that Congress has adopted a Code
of Criminal Procedure which was passed on March 3, 1899,
and the Code of Civil Procedure was not passed until June
6, 1900, and the Supreme Court of the United States has
held that the Code of Criminal Procedure is complete and
circumstantial in itself without reference, as I take it,
to any provision of the Code of Civil Procedure.

[2] Now the section relied upon says that “in all crim-
inal actions where the husband is the party accused the wife
shall be a competent witness,” and so forth, and so, con-
sequently, the court must determine whether or not, un-
der the laws of Alaska, a proceeding before the grand jury
which results in the finding of an indictment is a “crim-
inal action,” and, in order to decide that matter, I will mere-
ly refer to other provisions in the Code of Criminal Pro-
cedure.

Section 2113 of that Code (Comp.Laws 1913) is as
follows: “That the proceeding by which a person is tried
and punished for the commission of a crime is known in
this act as a criminal action.”

So that it is clear that, under the definition of a criminal
action which I have just read from the Code, a proceeding
and investigation before a grand jury resulting in the find-
ing of an indictment does not come under the definition of
a criminal action as given in our Code.

To support this definition and that conclusion, I call
attention to the fact that section 2259, relied upon, is found
in chapter 15 of the Code of. Criminal Procedure, which
is entitled as follows: “Of the conduct of the trial and
miscellaneous provisions relating thereto”—showing clear-
ly that this section 2259 is only applicable in cases where
there is a trial of a criminal action, but in a grand jury pro-
ceeding it cannot be said that there is any trial. It is
merely an inquiry under the law for the purpose of deter-
mining whether or not there is probable cause to believe
the defendant guilty of the offense charged and whether

UNITED STATES y. BEAVER 87

or not a trial jury would have evidence sufficient to convict
him in their opinion.

[3] The other objection to the motion urged by the
district attorney, that the motion is not based upon any
provision of our Code of Criminal Procedure, is also a
very cogent reason for denying this motion. The section
of the Code that he referred to, section 2191 (Comp.Laws
1913), sets forth two grounds for setting aside the in-
dictment, and how can the court enlarge the sections of the
statute, which specifically provide for setting aside in-
dictments, by adding another one, as the court would have
to do in order to sustain this motion, and say that it ought
to be set aside where it is shown clearly that the grand
jury has received and considered testimony given by a
wife when the party accused is her husband? Finding no
authority in the Code for setting aside the indictment on
this ground, the court is bound to deny it.

Now, I do not really understand: just what is meant here
by the statement in the motion that “her said testimony
so compelled and allowed was on ‘material matters and
things prejudicial to the defendant's substantial rights.”
I do not know how that statement could be made or how
any person making it could say what the effect of the
testimony was before the grand jury unless somebody in
the grand jury room told them, and, further, in the affi-
davit of the defendant it says, “I am informed and be-
lieve said testimony so given was as to material matters and
things prejudicial to my substantial rights.” Now who in-
formed the defendant that caused him to believe that this
testimony was as to material matters? If the defendant was
any other than an untutored native of the Kuskokwim, the
court would be bound to make him disclose where he re-
ceived this alleged information on this subject, but, as
that is his status, the court will overlook it.

The motion will be denied.

378 1 ALASKA REPORTS.

To give this act any other construction would be to annul
and render useless the very positive provisions of section
202, and this court ought not to do that if it can be avoided
In the Dakota Case the court concludes: ey

This act does not require, and the court cannot import, among.

ee ine
Nee ee precedent to the acquisition of title to indemnity

1ds by selection, the further condition, ‘subject to the approval of
the Secretary of the Interior,’ ”

Neither does the act in question require, nor can the court
Import, the further condition imposed upon the use of fh
school money, that it shall be used “subject to the appro i
of the city council.” To so hold would be to cae ae the
symmetry and order adopted by Congress in this he ate

of local government of public schools. It would place in the’

hands of the town council the power which is clearly giv

to the school: board by section 202; and under i 5 ye
decisions cited such a result cannot follow. oe
Upon a re-examination of the opinion heretofore given
in the case of Chambers vy. Solner, ante, 271, I am inclined
to approve every part of it that is important in this cas

without repeating it. This will dispose of many of the ahaa

suggestions made by counsel. In conclusion, it is the opin- »

ion of the court that the phrase “under the direction of th
city council” must be construed in connection with the 7
dent purpose and object in the mind of Congress to est an
a town and school government, and to a the : Re
and powers, respectively, between the two sets of offi : i
that the only direction which the town council has a
- of the school funds is that of considering them ne a
a a oe and support which ought to be bie
axation; that it is the duty of the counci i
them, and to that limited extent they are adie oe Poe
—S pee the Purpose of determining what addi-
al fund shall be raised, and none other. Section 202,

UNITED STATES V. HOMER BIRD. 319

giving to the board the “exclusive supervision, management,
and control of the public schools and school property within
said corporation,” considered in connection with the pur-
poses and objects to be attained by Congress, clearly gives
to the school board the exclusive power to expend the school
fund for the purposes of that act. No action whatever is
necessary on the part of the town council when the fund is
raised and placed in the hands of the treasurer of the cor-
poration, as “ex officio treasurer of the school board,” to
enable the school board to appropriate it and expend it for
school purposes. ;

The demurrer is overruled, and, unless the answer shall
state facts sufficient to bring the matter at issue for trial,
the peremptory writ of mandamus may issue.

UNITED STATES vy. HOMER BIRD.
(Third Division. Juneau. December 17, 1901.)
No. 1,327.
1. CriminaL LAw—CONTINUANCE.

Where it appears, from the affidavit for a continuance, that
the defendant procured, at the May term, 1901, an order of court
that certain witnesses be subpoenaed at the expense of the gov-
ernment, but took no further step until August 26th thereafter,
after which one was served, and the others shown to be out of
the district; that neither of the witnesses was present at the
time of the homicide, and they are shown by the application to
have knowledge only of the existence of shot marks at the
place of the homicide—the motion is denied.

Motion for a Continuance. Denied.

R. A. Friedrich, U. S. Dist. Atty.
Maloney & Cobb, for defendant.

BROWN, District Judge. It appears by the record in
this case that the homicide alleged to have been committed

*CO6T-9-€ SeysetTy Sex4TS peSuey ‘eqtum Sxowey SqUIg

380 1 ALASKA REPORTS,

by the defendant occurred on the Yukon river, in Alaska,
on September 27, 1898; that thereafter a trial was had before
the United States District Court for the District of Alaska,
the defendant convicted, an appeal taken to the Supreme
Court of the United States (21 Sup. Ct. 403, 45 L. Ed. 570),
the judgment of the lower court reversed, and a mandate
of the Supreme Court of the United States directing this

court to proceed to the trial of the case returned and filed in
this court.

At the Skagway April, 1901, term thereafter, on the ap-

plication of the United States attorney, the case was con-
tinued to the Juneau May, 1go1, term, because of the absence
of the witnesses for the prosecution. At the time of such
continuance the defendant was brought into court, and ap-
peared in person and by his attorneys, and counsel for the
defendant then declared himself ready for trial, though none
of the witnesses now asked for were in court, or within
reach of the process of the court, so that their attendance
could have been procured for that term. It is inferred
that counsel for the defendant declared themselves ready
for the trial without witness other than the defendant, be-
cause of their knowledge that none of the witnesses for
the prosecution were then within reach, and that their evi-
dence could not be procured for that term.

The case was again called at the Juneau May, rgor, term,
and it appearing to the court that the witnesses for the
prosecution, who were being brought by steamer from Seat-
tle, were prevented from landing at Juneau, for the reason
that smallpox had been discovered among some one or more
of the passengers voyaging on the same ship, the case was
again continued. During the said May, IgoI, term, an ap-
plication was made by the defendant for service of sub-
poena at the expense of the government on certain witnesses
named therein—the same witnesses now described in the

UNITED STATES VY. HOMER BIRD. 381

affidavit for comtinuance—and who were said to be residing
at certain points along the Yukon river in Alaska; the de- _
fendant alleging in such application that he was not possessed
of means to obtain the service of said subpoenas and the
attendance of such witnesses. Notwithstanding the knowl-
edge of the court that this case had been once tried, was |
vigorously defended by competent counsel, thereafter an ap-
peal taken to the Supreme Court, and the case heard there
at great expense to the defendant, and that competent coun-
sel were again appearing in the case, from which facts the
court might reasonably infer at least that the defendant was
not in such sore need of means for the procurement of wit-
nesses as he claimed, still the court, giving the utmost cred-
ence to the defendant’s claim, ordered the subpoenas issued
and served at the expense of the United States. This or-
der was made during the Juneau May, 1901, term. It ap-
pears that the defendant’s attorney never called upon the
clerk of the court for the issuance and delivery of these sub-
poenas until about the 2oth or 21st of August thereafter; —
that in the meantime, and on or about the 18th day of Au-
gust, the clerk had issued the subpoenas, and the same had
been delivered to the United States marshal of this divi-
sion, and forwarded to the United States marshal at St.
Michael; that service was there had upon Jensen; that the
other witnesses were not served, because, as the marshal
asserts in his letter accompanying the return, they were
not only not found, but, upon reliable information and be-
lief, they were not within the district. Among the other
facts of which the court must take knowledge is the fact
that the defendant has been confined in jail during the in-
terim of court and ever since his first trial; that defendant’s
knowledge or information as to the whereabouts of the de-
sired witnesses must necessarily be indefinite and uncertain,
and not of the most trustworthy character. The afiidavit

261 FEDERAL REPORTER

again. The only thing he could tell me was, ‘Come around again” He
sys, ‘You go and see him.’ I says, ‘Where he are?’ He says, ‘Around the
smichine shop some place, or around the dredge some place.

“Q. I don’t know that all the jurors can hear you. You say that you asked
Riley’s bookkeeper where Riley was? A. Yes.

“(, And the bookkeeper told you that he guessed he was around the
tnehine shop. or around the dredge. some place. A. He says, ‘He is around
the machine shop, and around the dredze, some place, but I don’t know exact-
ty the place” And I went out again and came to the machine shop, and
looked around the machine shop inside. and I couldn’t see him around there.
Phen L went to the dredge, and loexed around the dredge, and I ean’t
see him: and I went to the boiler house, and when I came to the boiler
house Riley was alongside of the boiler house. about a couple or three feet
trom the boiler house, right near the front. I holloed, "Good morning. ‘Les,
sir.

“(. What is that? A. ‘Yes, sir; what is it? I say, ‘I just come to ask
you for that receipt again, to make me that receipt for what you owes me,
so L can see, so I ean understand how much you owes me. I can’t under-
stund how much you owes me without getting that receipt from you. I owe
lots of Inoney to people around, and if I can sell that receipt to the bank, or
to the store, I got to pay my own debts, because people don’t want to wait.
I owe some money to people.’

“Q. What did he say then? <A. He says: ‘I told you that, lots of times,
I don’t want to make any receipt for you. I don't want to pay you any now,
either. I have got lots of things in my head besides that.’

“(. Speak louder. A. ‘I couldn't make any receipt for you. I couldn't do
anything for you right now, anywey. It doen't make any difference what
you owes to anybody: don’t make any difference to me. I owes lots of money
myself. That receipt won’t do any good to you. I liable to go broke any day.
People knows what kind of shape I am in. i don’t think anybody would
take any of my receipts. It won't make any difference to you. I say:
‘Mr. George, will you make me a receipt for the thing what you owes me, if
you please?” Just like that (shakes his head). He stay there a couple or
three minutes, something like that: in a coupie or three minutes, turned
nvound and spoke to the men that were working in the boiler house, and to
Mr. Thibault, who was standing here. he spoke to him something about
driving wood, and how much wood was burned up in a day, something like
that. and George Riley stood up like that (indicating), and look around at
something. I don’t know what he looked around at; and I come back to
him again, and I say: ‘Will you, please, let’s go to the office and make me
that receipt for what you owes me, if you please.’ ~He just looked like that
at me (indicating). He turned his head like that. I come back to him
again and say: ‘Let’s go in the office. if you please, and make me that re-
ceipt for what you owes me.” ‘No: no; I don’t want to write any; I have
got lots of things to do like that. And I stand off a couple or three minutes,
hardly more than that, and Jim comes around, Riley’s foreman comes around,
and said something. And I stood by a pile of pipes a few minutes, and then
Riley walked around there, around the boiler house, and took some kind of
hose, and turned that hose on, and cleaned the ashes from the pipes with
the hose. I stand on the track a few minutes, and I told him again—I say:
‘Will you please go to the office and make me that receipt for what you owes
me, because that receipt is good for me’—like that. He don’t make me a re-
ceipt or pay me the cash what he owes me. He just look at me like that (in-
dicating), and he says: ‘You know what you got to do? And-he just look at
me and he says: ‘I give you some shells. That is all you can get from me.’

“Mr. Roth: What is that? You say Riley said, ‘I give you some shells’?
Before that there was something I couldn’t hear and didn’t understand.

“The Court: Speak louder.

“A. I says: ‘I like to get that receipt from you. I like you to make me a
receipt to pay me off. I don’t know what I going to do with you’—just like
that. He says: ‘You know what you can do with me? You know what you can
do with me? ‘With me’ or ‘with that. I couldn't tell you—‘with me’ or

with that.’ He says, ‘I give you some shells.” And he was working with his

®§ © ie ee.

* fe d

OLEVELAND-CLIFFS IRON CO. V.ARCTIO IRON
(261 F.) : ”

right hand. I says, ‘There will be no time for you,’ and I, took out the re
volver from this place (showing) and I shot him once. He fell down and
never holloed. I couldn't tell you I shot him in the shoulder, or what place I
shot him. I shot him right in front, but he swung himself as soon as he saw
me working with my right hand (showing); he swung himself from the left
to the right, and fell. At the time I don’t know what place the bullet catch .
him. He fall, and I was afraid of him, that he would bluff me, and then I
shot him two times, one after the other.’

PN ay Tozier: Q. How many times did you shoot him? A. I shot him three

1es.”

gue 15

There was testimony given by a witness for the government that,
soon after the killing the defendant, when asked whether the deceased
was facing him when shot, answered that he was; but the evidence
on the part of the government, including the testimony of the doctor
who examined the deceased very shortly after he was killed, was to
the effect that all three of the shots were fired into the back of the
deceased, and that the front part of his body had no bullet wound upon
it, and that all three of the bullets lodged in the body, either one of
which would have proved fatal within a very’short time. And the
witness Thibault testified to seeing the last shot fired into the pros-
trate body of the deceased.

Respecting the alleged premeditation with which the killing was
done, the witness Keen testified that, during a conversation he had with
the defendant, about March 1, 1918, regarding the money due him
from Riley, defendant said: “I will kill the s——of a b——” —the
witness adding: £

“The last words he said, when he left my place, was that, if Riley didn’t
settle with him, he intended to kill him.”

The witness Cadwallader also testified that the defendant had ex-
pressed to him a like intention; and the witness Knutsen testified
that, after the deed was done, the defendant, referring to the body of
the deceased, said:

“There is my $2,000. It is worth $2,000 to me.”

Other testimony of like character and effect was given by the wit-
ness Matsen.

We are of the opinion that the judgment must be affirmed. Ordered
accordingly.

CLEVELAND-CLIFFS IRON CO. et al. v. ARCTIC IRON CO. *
(Circuit Court of Appeals, Sixth Circuit. October 7, 1919.)
No. 2758.

1. CoRPORATIONS G==187—CONTROVERSY BETWEEN STOCKHOLDERS; DISREGARD
OF CORPORATE FORM.

Where two tenants in common of real estate created a corporation,
with equal division of stock and of directors between them, for handling
the common property, in a controversy between them neither party is
entitled to obtain an advantage over the other by reason of the corporate
form adopted, which may properly be disregarded by a court of equity,
and the matter determined with reference only to their individual rights.

@—>For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
*Certiorari denied 251 U. S. —, 40 Sup. Ct. 179, 64 L. Ed. —.

12 * 961 FEDERAL REPORTER

pressly defined certain acts declared to be unlawful and criminal, and
ounishable under certain specified conditions. It would seem to be
clear that the act charged against the plaintiff in error, for the com-
nission of which judgment was given against her, 1s wholly unaf-
fected by the subsequent statute itself specifically defining and making
criminal another offense, even though of the same nature. As said
by the Supreme Court in United States v. Tynen, 11 Wall. 88, 95
(20 L. Ed. 153): ,

“By the repeal the legislative will is expressed that no further procee ings
be had under the act repealed. In Norris v. Crocker [13 How. 429, 14 L. Ed.
210] the court said that, as the plaintiff's right to recover in that case de-
pended entirely on the statute, its repeal deprived the court of jurisdiction
over the subject. As said by Mr. Justice Taney, in another ease, ‘The repeal
of the law imposing the penalty is of itself a remission.’ In the case at bar,
when the thirteenth section of the act of 1813 was repealed, there was no
offense remaining for the court to punish in virtue of that section.

inion, the judgment should be reversed, and the case re-
Odie leg n court halo. with directions to dismiss the information
—further consideration of the question having convinced me that this
court was in error in holding in the case of De Four v. United States,
260 Fed. 596, 599, — C. C. A. —, that the Act of July 9, 1918, did
not repeal section 13 of that of May 18, 1917.

SEGURA v. UNITED STATES.
(Circuit Court of Appeals, Ninth Circuit. October 29, 1919.)
No. 3288.

HomicipE €=>250—SvUFFICIENCY OF EVIDENCE, | _
Evidence on a trial for murder, including the testimony of defendant,

held to sustain a conviction.

In Error to the District Court of the United States for the Fourth
Division of the Territory of Alaska.

‘Criminal prosecution by the United States against Mailo Segura.
Judgment of conviction, and defendant brings error. Affirmed.

. d
Leroy Tozier, of Fairbanks, Alaska, and Fernand De Journel an
De Yenc & De Journel, all of San Francisco, Cal., for plaintiff in
oR F. Roth, U. S. Atty., Harry E. Pratt, Asst. U. S. Atty., both of
Fairbanks, Alaska, and Annette Abbott Adams, U. S. Atty., and Frank
M. Silva, Asst. U. S. Atty., both of San Francisco, Cal.

Before GILBERT, ROSS, and HUNT, Circuit Judges.

ROSS, Circuit Judge. The plaintiff in error was charged by indict-
ment ooh the dulibecte and premeditated murder of one J. E. Riley,
known as George Riley, near the town of Flat, on Otter creek, in the
territory of Alaska, May 5, 1918, of which crime he was convicted by
the verdict of a jury, without the qualification authorized by the Code
of Alaska, to which a sentence to imprisonment at hard labor for life
would have attached. Thereafter the judgment of death was imposed

oF ~~ gS i
Lexecvrta = Marlo Sequva = /Fal |
\

SEGURA V. UNITED STATES 13
(261 F.)

upon him by the judgment here brought for review. Sections 1883,
1884, Comp. Laws of Alaska, pp. 648, 649. In the court below a mo-
tion was made for a change of the place of trial from the town of Flat,
where the court was held, to Fairbanks, or some other place within
the Fourth judicial division of the territory, to be designated by the
court, upon the alleged grounds that there was “reason to believe that
an impartial trial could not be had at Flat,” and that “the ends of jus-
tice would be promoted by the change.” The additional transcript
that has been brought here pursuant to the writ of certiorari heretofore
issued out of this court shows that two affidavits were filed in support
of the motion, one by the plaintiff in error and the other by his attorney,
and five on the part of the government, all of which—in view of the
fact that the plaintiff in error is under sentence of death—we have
carefully examined and considered, regardless of any technical objec-
tions, and are unable to hold that the trial court committed any error
or abuse of discretion in denying the motion, in addition to which it
may be said that it appears from the supplemental transcript that the
trial at Flat actually demonstrated that, while a number of persons
summoned there as jurors disqualified themselves as such by reason
of prejudice against the defendant to the indictment, there was no
difficulty in securing a sufficient number of qualified jurors to whose
service as such no valid objection was interposed, and no exception
taken to any action of the trial court respecting them.

The only other point urged on behalf of the plaintiff in error is
that the evidence was insufficient to justify the verdict that was return-
ed, which point the record clearly shows to be without merit. There
was evidence going to show that the deceased was engaged in dredg-
ing for gold, and owed, among others, the plaintiff in error, the in-
debtedness being for wood furnished by the latter, and which indebted-
ness had existed, according to the testimony of the plaintiff in error,
for about two years, during which time he had made many efforts to
collect it without success; the deceased refusing to execute to him
any paper acknowledging such indebtedness, although verbally promis-
ing to pay it.

The plaintiff in error went again to Riley’s place of business May

.5, 1918, and in his testimony gives this account of what occurred there,

and of his movements immediately preceding his going:

“Q. You were speaking a few minutes ago about the morning of the 5th
day of May, 1918. You may go ahead and state what you were going to say
when I interrupted you. On the morning of the 5th of May, what time did
you get out of bed? A. I got up about half past 7, maybe 8 o’clock: about
half past 7, something like that; and I went to the restaurant on Discovery.

“Q. Did you have your breakfast at the restaurant on Discovery?’ A. I
had a cup of coffee and something like that; sat there a few minutes and go
out again.

“Q. Then where did you go? A. Went to Riley's office.

“Q. Who did you see at Riley’s office, if anybody? A. I came to Riley's
office and Riley’s bookkeeper was there, and I say, ‘Good morning.’ ‘Yes, sir;
mister.’

“Q. You said that? A. No; Riley’s bookkeeper said that ‘Yes, sir; mister.’
I say, ‘Did Riley tell you about that thing what he owes me to make any re-
ceipt for me? He says, ‘He never told me anything about that.’ I says, “Did
he tell you anything about that at all” He says, ‘No; You come around

“S WATERTOWN

isiye Enlargements and Improve
ments of the Place.

eel

ston, Feb. 2.—Ex:ensive enlarg<-
3 and improvements at the Unit-
tates arsenal at Watertown & 6
- considered by tha government.
arcenal is now being worked to
‘Hest capaci:y. It is the opinioa
rmy officials that it should be
le the present size, and improvt-
s involving the expenditure of
'y $200,000 are contemplaed. I!
meeded that there should be as
1 shop room and a3 many 1008
serve as are at presen! in uce, 89
in case of emergency double the
tity of work could be comple <d
proposed to erect a new magazine
the east end of the ground at a
of $15,000, a mew scr of quit.<Ta
he sergeants, to rumodel the pres-
officers’ quarters into a bcepita!
ling and to construct three 60%
fficers’ quarters.
re present office building ‘was
‘ed in 1981, and long ago passed
sériod of usefulness. It will be
4d that provision be made for of
by the erection of an office build-
-o co: tain fire proof vaults for. the
ige of valuable drawings and oth-
japers. According to G: n. Flag-
the business of the arse nal can:
be carried on in the present of- |

‘moonshine” whiskey tn full work-
order at 85 Norfolk street. Hyman
ckstein, a dwarf with whiskcrs,
s caught filling three galjon cans
h the illicit spirits. 3

he atid had a capacity of seventy
ions a day. Nine gallons of mash

| twenty gallons of spirits which

istered 176 proof were seized. The
| was comatructed on the most im-

Ba ae

gned@ before

| &€8 Je

over for months unnoticed
men. Consado brought gampl‘s of:

La ne eid nce. Oe seaieeiall

McClellan of New York; criticised che
measure because it cut down the ap-
propriations for these wcrks below
what has been appropriated in rccent
years. 4
-- THE SENATE.
Washington, Feb. 2—Beyond the
reading of the agricultural appropria-
tion bill and agreeing to the amend-
ments proposed by the commiitee,
the senate transacted no business of
importance in open session today. The
greater part of the afternoon Ws
passed in executive session, discussing

the Hawalian annexation trea:y.

ALASKAN JUSTICE.

Hanging of a Murderer on Copper

River. \eq oy

aR ERED)

Se.ttle, Wash., Feb. 2.-—-The steam-

er Alliance arrived here this afte:-
noon from Copper river, A'aska, with
news of a double murder and lynching

} at Values pass on January 2. N. A.

Call of Worthington, Minn., and W.
A. Lee of Salém, Maes., were murdered

by M. F, Tanner, known as the “Mon-
tanz cowboy,’ who in turn Was
hanged by about forty prospectors.

Tanner was picked up en roule fo the
gold fields, but became Sv ove: bearng

bimM.

Heiring the-r plan, Tanner shot
them ‘both dead. The miners formed
a jury of thirty-eight men, and after
five bourse’ deliberation Tanner W-&s
sentenred to dcath and hanged to 8
tren He died game, even offering to
tie the Kmot around his neck.

Ce een

j
i
Bs

x
were | Ote to th
1 revived. A few days ego inter- | OF Runaing 26,000 Ounces e

-, El Pano, Tex., Feb. 2.——Mining men
in thie city are excited over & phe-

‘nomenally rich silver deposit discov-

ered the other day on ‘he li.e of
the Rio Grande Sierra Madre & Pa-
cifie road in old Mexies, shout 100
miles from the railroad. track. Fran-
cisco Consado .of this city diacovered
the deposit three miles from the rail-
noad track, where it had been tramp :4
. by railroad

the ore to this city which assayed

‘| 26,000 ounces of silver to the ton.

Kansas City, Feb. 2.—Cattis receipts,
8,006; Best matave steers, 714%4@10 cents

gE ne ote me harely steady;

In the letter she @iates that she
was a praceable resident of Colorado
for sixteen months and had been an
invalid for twenty-three years. She
had lived in twenty states, but found
that Colorado suited her beter than
any other and she would hiveremained

secution to which she was subjeccied.
She omits in her compleint all men-
tion of names, times and places. A
complaint, she sald, wae made against
her by a revengeful person and she
was arrested and taken before a jus-
tice of the peace. In spite of her ill-
ness and protestation of innocnes she
was allowed no hearing, but waa re-
manded to jail with her 2-year-old
baby boy im her arms, On account
of her illness ehe was that night

the next morning she was taken be-

a $300 bond.

from her arms ard abuse and curses
were heaped upon her. She was a's)
isearched and whatever she hai of
‘yvaluc was taken from her. jAfter
ithat she was allowed to try to give

ibond, but was evidently unable to do.

30, for she says she was abused and

Fr “~o1i 2 3 > Het che °y Fe ey
‘that Call and lee decided to get red tor ured for two weeks, when the

‘compa nant against hor came forward,
jadinitt:d his mistake and went to
drop ‘the case. : ;

At this point in the letter the wri er
becomes so indefinite In her evident
desire to coreeal any
‘that would be of any use to the gov-
ernor, to whom. she writes, that i¢ is
impossible to understand what really
transpired.

She goes on to say that at length
she ‘was compelled to sign a bond at
the nsk of her life, after which she
decided to leave the state on account

She informs the governor that if it

to sce that justice is done to let ber
know and she will furnish the au-
thorities with particulars showing
that that policy is not always c:rried
out

ESTIMATES ‘ALL IN.

Will Cost About $80,000,000 to Run
the Big City,‘

New York, Feb. 2.—The boar! ci

ceived all of the departmen.al e.ti-
mates necessary in the makeup of
the budget for 1889,

nae ) ae Se {ek

a ee een

there but for the extraordinary per-——

fore the justice again and put under
She was hurried of to —

| fall without being given an opporiunity —
to furnish bond. Her daby was torn

information —

@f the strain on her nervous sys:em. -

is the policy of the Centennial sta'e

taken to a hotel and guarded, but tes

estimaics and apportionment has tc. ~~

[oeuvreL)

05-E8LH

BILL SHEFFIELD, GOVERNOR

DEPARTMENT OF EDUCATION Alaska State Library
ouch G
DIVISION OF STATE LIBRARIES agi ch ge all

July 28, 1986

Watt Espy

Capital Punishment Research Project
P.O. Drawer 277

Headland, AL 36345

Dear Mr. Espy:

Regarding your letter of July 24, I believe the Chicago TRIBUNE
article incorrectly located the Dawson hangings in Alaska; they

may actually have occurred in Dawson City, Yukon Territory, Canada.
There was a George O'Brien hanged in Dawson City on August 23, 1901,
which is close to the date you mentioned.

I have enclosed some copies from our file on Alaska hangings for
your information. I also checked the JUNEAU EMPIRE for May 11, 1916
and found no mention of any hangings nor of Edward El fora.

I hope this information is helpful to your research. There is no
charge for the copies.

Sincerely,

Marilyn Kwock

Library Assistant
Alaska Historical Library

Enclosures

183

U. S. House of Representatives. Maintenance of a Steam vessel
for use of Civil Authorities of Alaska. Ex. Doc. No. 93. 5lst Cong.,
lst Sees; Jan. 13, 38990. :

U.S. Heuse of Representatives. Erection of Marine Barracks
at.Sitka, Alaska. Ex. Doc. No..103.. 5lst Cong.:,; Ist Sess. , Jan.
13,. 1890. :

U. S. House of Representatives. Report of the Secretary of
the Interior. Ex. Doc. No. 1, Part 5, 5lst Congress, 2nd Sess. ,
1890.

U. S. House of Representatives. Transportation of Witnesses
in Alaska. Ex. Doc. No. 194. 5lst Cong., 2ndSess., Jan. 22,

1891.

mes “ee U. S. House of Representatives. Annual Nenaos of the Attorney-.
ane ral of the United States for the Year 1890. Ex. Doc. No. 7.)
51st Cong., 2nd Sess., 1890.

U. S. House of Representatives. Temporary Government for
Alaska. Report No. 3698. 5lst Cong., 2ndSess., Feb. 5, 1891.

U. S. House of Representatives. Report of the Secretary of the
Interior. Ex. Doc. No. 1, Part 5. 52nd Cong., Ist Sess., 1891.

U.S. House of Representatives. Annual Report of the Attorn-

ey-General of the United States. Ex. Doc. No. 7, 52nd Cong. Ist Sess., 1891.

U. S. House of Representatives. Report of the Secretary of
the Navy. Ex. Doc. N . 1, Part 3. 52nd Cong., 2nd Sess., 1892.

U. S. House of Representatives. Report of the Secretary of
the Treasury, Transportation of Jurors and Witnesses. Ex. Doc.
No. 222. 52nd Cong., 2nd Sess., Feb. 2, 1893.

U. S. House of Representatives. Report of the Secretary of
the Interior. Ex. Doc. No. 1, Part 5. 52nd Cong., 2ndSess., 1892.

U. S. House of Representatives. Report of the Secretary of
the Interior. Ex. Doc. No. 1, Part 5. 53rd Cong., 2nd Sess., 1893.

U. S. House of Representatives. Report of the Secretary of
the Interior. Ex. Doc. No. 1, Part 5, 53rd Cong., 3rdSess., 1894.

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ae
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180

U.S. House of Representatives. Fur-Seal Fisheries, Alaska.
Ex. Doc. No. 20, 42nd Cong., 2ndSess., Dec. 14, 1871

U.S. House of Representatives. Letter from the Secretary

of Treasury. Ex. Doc. No. 85. 42nd Cong., 2nd Sess., Jan. a3,
1872.

U.S. House of Representatives. Alaska Seal-Fisheries. Ex.
Doc. No. 43. 44th Cong., Ist Sess., Jan. 5, 1876.

U.S. House of Representatives. Report of the Secretary of
. War. Ex. Doc. No. 1, Part 2. 43rd Cong. 2nd Sess. 1874.

U.S. House of Representatives. Report of the Secretary of
War. hx. Doc, No.) .: 44th Cong., lst Sess. Sept. 1, 1875.

U. S. House of Representatives. Jurisdiction of the War De-
_partment over the Territory of Alaska. Ex. Doc. No. 135. 44th
~ Cong., Ist Sess., Feb. 21, 1876.

U.S. House of Representatives. Report of the Sec retary of
War.. Ex. Doe. New 1. 45th Cong. , 2nd Sess. 1878.

U.S. House of Representatives. Report of Ivan Petroff, Special
Agent, Census Office, Department of Interior. Ex. Doc. No. 40.
46th Cong., 3rd Sess., Dec. 28, 1880.

U.S. House of Representatives. Annual Report Secretary of

the Navy. Ex. Doc. No. 1, Part 3.. 46th Cong. , 3rd Sess., Nov.
30, 1880.

U.S. House of Representatives. Report of the United States
Naval Officers Cruising in Alaska Waters. Ex. Doc. No. 81. 47th
Cong., lst Sess., Feb. 24, 1882.

U.S. House of Representatives. Affairs in Alaska. Exe Doc,
“No. 9, Part 4. 47th Cong., 2ndSess., Jan. 29, 1883.

U.S. House of Representatives. Correspondence with U. S.
Naval Officers in Alaska. Ex. Doc. No. 17. 47th Cong. , 2nd
Sess. , Dec. 11, 1882.

U.S. House of Representatives. Violations of Internal Rev-

enue Laws in Alaska. Ex. Doc. No. 75. 47th Cong. , 2nd Sess.,
eb. 7, 1883.

Pere me ieee

je he Eh, Oy

i NNER ON Were I Tee er 5,
AM ae iy

DS Pm as

LEP AY y ROB R nate to ETS

cae oh cE IRS ARMS Ros atten Bao POT ok ae

181

U.S. House of Representatives.
Steamer Corwin in Ala

No. 105.

Cruise of the Revenue

ska and the N, W. Arctic Ocean, Ex, Doc.
47th Cong. , 2nd Sess. » 1883.

U.S. House of Representatives,

Government Buildings in
Alaska. Ex. Doc. No. 171. 48th Cong

-, 2ndSess., Jan. 31, 1885.

U.S. House of Representatives. Civi] Government of Alaska.
Ex. Doc. No. 227, 48th Cong. , 2nd Sess., Feb. 14, 1885.

U.S. House of Representatives.

. Civil Officers in Alaska. Ex,
Doc. No. 189. 48th Cong. , 2nd Sess.

» Feb. 5, 1885.

U.S. House of Representatives.

Courthouses and Jails in
Alaska. bx. Doc. No: 249.

48th Cong. , 2nd Sess. , Feb. 20, 1885.

U.S. House of Representatives,

Letter from the Attorney-
miowmmetiie General. Ex. Doc. No, 250. 48th Cong

-, 2ndSess. Feb. 20, 1885.

U.S. House of Re

presentatives.
Ex. Doc. No. e52.

Revenue Marine Service,
48th Cong. , 2nd Se

SS., Feb. 24, 1885.

U.S. House of Representatives.
torney General of the United States for

No. 12. 48th Cong. , 2nd Sess. », 1884.

Annual Report of the At-
the Year 1884, Ex. Doc.

U.S. House of Representatives. Annual Report of the At-
torney General of the United States for the Year 1885. Ex Doc.
No. 7. 49th Cong., lst Sess. » 1885.

U.S. House of Representatives.

Letter from the Attorney-
General. Ex. Doc. NO, 41;

49th Cong., lst Sess. » 1885.

U.S. House of Representatives.

the Interior. Ex. Doc. No. 1, Part 5.
1887.

Report of the Sec retary of
49th Cong. , 2nd Sess. ,

U.S. House of Representatives.

: Fur-Bearing Animals in
Alaska. Ex. Doc. No. 296. 50th Cong

-, Ist Sess. , May 3, 1888.

U.S. House of Representatives,

Alaska Seal and Fur Com-
pany. Ex. Doc. No. 297.

50th Cong., Ist Sess. » May 2, 1888.

U.S. House of Representatives.

Alaska Commerical Com-
pany. Misc. Doc. No. 138, 50th Cong.

» lst Sess. , Jan. é3,.: 1888.

Se ? ; il ae a ae
BROCE ee ie MOR ae a en ee

neaatt

Se deaichibatngete FS

aipsageied
ean PS

gen

Regs
ih ied vata

“ays

EOS
tae mpi

182

U.S. House of Representatives.

Report of the Secretary of
the Interior. Ex. Doc. No. 1, Part 5.

50th Cong. , lst Sess. Pee Boe

U.S. House of Representatives.

Organization of the Territory
of Alaska. Report No. 1318.

50th Cong. , Ist Sess. » March 26, 1888.

U.S. House of Representatives.
General of the United

50th Cong. , 2nd Sess.

CLEA
Ver et

Annual Report of the Attorney-
States for the Year 1888. Ex. ; D6e No. 7
, 1888.

ec ar eene

HieR cite

U.S. House of Representatives,

Fur-Seal Fiske ries of Alaska.
Report No. 3883. 50th Cong. ,

2nd Sess., Jan. 29, 1889,

fe aa

U.S. House of Representatives.
the Interior. Ex. Doc. No.

ote

Report of the Sec retary of
1, Part 5. 50th Cong. , 2nd Sess., 1888.

to? tate Sth

Aston

U.S. House of Representatives. Letter from the Attorney- os

wee General, .Ex. Doc. No. 146. 5lst Cong., lst Sess. + Jans 22;-.1890, ‘}
—— | ie
U.S. House of Representatives, Report of Secretary of Trea- i

Sury. Ex. Doc. No. 249. 5lst Cong., lst Sess., March 3, 1890. S

U.S. House of Representatives, Report of Attorney-General.
Ex. Doc. No. 288. paee Cong., lst Sess. March 18, 1890,

U.S. House of Representatives,

Report of Secretary of Trea-
sury. Ex. Doc. No. 321.

51st Cong., lst Sess. > depr. Li, 3890.

U.S. House of Representatives.
Civil Government of Alaska.

Sess., Apr. 2, 1890.

Steam-Vessel for Use of
Report No. 1203. 5lst Cong., lst

“FS
+
4
a

U.S. House of Representatives. Decisions of United States
Court of Alaska. Repert No.

1793.:°Silst Cong. , Ist Sess. , Apr.
28, 1890. .

U.S. House of Representatives.

Ports of Delivery in Alaska
Territory. Report No. 23309.

51st Cong., lst Sess., Feb. 20, 1890.

U.S. House of Representatives,

Town Sites in Alaska. Report
No. 2450. 5lst Cong., Ist Sess.

» June 14, 1890.

U.S. House of Representatives,

Military Post in the Interior
of Alaska. Report No. 3166.

Slst Cong., Ist Sess., Sept. 23, 1890.

U.S. House o
anGnE Of the’ Interio.

- No. 2 56th C

30, 1899,

U.S, House of Re

Skagway, Alaska.
June 6, 1900.

. partment of Interio

oo, Mrouse O

Presentatives.
Ex. Doc. No. 238.

June 30, 1900.

Lae. House of Re

of Alaska.

Or. dO: Doc. No. 5.

nnual Reports of the War

Ong., Ist Sess.

Annual R e€ports

of the De

, June 30, 1899,

56th Cong. ,

Annual Report of

Ist Sess. » June

4
the Attorney- er

185

part-

No. 9. 56th Cong. , lst

Court-House and Jail at

56th Cong. , 2nd Sess, ,

Annual Reports

of the De-

r. Ex. Doc.

Presentatives. Cleri
Report No, 2769,

56th Cong. , 2nd Sess. ,

cal Assistance

District

56th Cong. , 2nd Sess.

Ann

» Feb.

9, 1901.

ual Reports of the War

Repres €ntatives, A

U.S. House of Re
Department. Ex. Doc.

U.S. House o
£y General of the U

f Representatives.

ited States, Ex. Do

2. 56th Cong. ;

2nd Sess. » 1900.

Hnnual Report of the Attorn-

Presentatives, A

c. No. 9,

56th Cong. , 2nd

nnual Reports of the War

No. 2. 57th Cong.

Sess. , 1901,

U.S. House of Re
Department of the Inter

nited States, Ex. Doc.

Annual Report of t¢

» Ist Sess. » 1901,

he Attorn-

Presentatives.

Sess. , June 30, 1901,

U.S. House of
artment of Interior.
-une 30, 1902.

Representatives.

No. 9. 57th Cong.

Annual Reports of the

207... Bosc Doc. No.

Ex. Doc. No. 5, 57

» lst

5. 57th Cong. , Ist

Annual Reports of the De-
a el

th Cong. » 2nd Sess. >

tedile Epler aah riper Raa iw

: i ce ete SESE MO Sy oi ack obig
RS chika ame he Ries ss et

fate cepterne
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MS APR ey Reh

Gi teh, Ker an aces ry eee BM : 3
Bea Tea a red Hae ieee in

cA
2, i J
Pear i is . si

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Ex

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187

Letter from th

: e Secretary of Treasury. Ex,
48th Cong. , 2nd Sess., 1885,

Message from
- 49th Cong. , le

S/8

ala.

ie)

als

3 ]r

165

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MIP ARES G8 OR OLS | adhe eee es Ob arts eg (Soa R

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Bok Mees

eae

é caiaaliaaiitl “U. Ss. Senate. Report on Education in Alaska, With Maps and
Hlustrations. Ex. Doc. No. 85, 49th Cong. , Ist Sess, , :
; Letter from t

. he Secretary of the Treasury.
Ex," Doc. No. 83, 49th Cong. , Ist Sess. , 1886,

U.S, Senate. R
and Ko ukuk

me
4
J
2
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WS, Sentate.
Doc. No. 22.

U.S, Senate.
Dip. 7. 49th Con

Doc.

-. Bx,
eee
a. end Sess. >» Dec. 20, :

1886
: U.S. Senate. Letter from the Secretary of the Treasury. Ex.
Doc. No. 13. 50th Cong. , 2nd Sess, , Dec. 8, 1888.
US Senate. Letter from the Secretar of the Treasury. Ex.
i ——~-fretary ¢ ich
Doc. No 30. 50th Cong 2nd Sess. , Dec. 20, 1888.

U.S: Senate.

Letter from the Secretar of the Interior, Ex.
Doc. No, 74. 50th Cong., 2nd Sess. , Jan. 17, 1889.
U. S, Senate. Letter from the Secretary of the
Doc. No. 90.

nmneg

otis mere General of the United States.

184

U.S. House of Re

presentatives,
the Interior. Vol. 1.

Report of the Secretary of
Ex. Doc. No. 5.

54th Cong., lst Sess. » 1895.

U.S. House of Representatives.
ey-General of the United States.
Sess. , 1895. =

Annual Report of the Attorn-
Ex. Doc. No. 9. 24th Cong., Ist

U.S. House of Representatives.
at Juneau, Alaska. Ex Doc. No. 50.
May 13, 1897.

Clerk and Deputy Marshal
55th Cong., Ist Sess.

U.S. House of Representatives.
and General Resources of Alaska.
Cong., lst Sess., 1898.

Seal and Salmon Fisheries
Vol. IV. Bx. Doc. No. 92. 55th

U.S. House of Representatives, Annual Report of the Attorn-

Ex. Doc. No. 9, 55th Cong. ,

2nd Sess. , 1897.

: U.S. House of Representatives, Appeals from United States
District Court of Alaska.

Report No. .1459, 55th Cong., 2nd Sess. , May
27, 1898.

U.S. House of Representatives.
the District of Alaska, Etc.
June 2, 1898.

Punishment of Crimes in
Report No. 1482. 55th Cong. , 2nd Sess. :

U.S. House of Representatives.
partment of the Interior. Ex. Doc. No.
June 30, 1897.

Annual Reports of the De-
5.” 55th Cong. , 2nd Sess.

U.S. House of Representatives.
in Alaska. Ex. Doc. No. 285.
1898. .

Additional Military Posts
25th Cong. 2nd Sess. » Feb. 5,

U.S. House of Representatives. Annual Report of the At-
torney-General of the United States.

Ex. Doc. No. 9, 55th Cong. ,
3rd Sess. , 1898.

U.S. House of Representatives,

Laws Other than Criminal
Relating to Alaska. Ex. Doc. No. 99.

95th Cong. , 3rd Sess. ’
Deg, 21 1898.
U.S. House of Representatives. Annual Reports of the
War Department. Ex. Doc. No. 2 55t

h Cong., 3rd Sess., June
30, 1898.

186

Pe U.S. House of Representatives. Annual Reports of the War
Department. Ex. Doc. No. 2. 57th Cong., 2nd Sess., June ou, 2902.

U. S. House of Representatives. Annual Report of the Attorney-

General of the United States. Ex. Doc. No. 9. 57th Cong., 2nd Sess., 1902.

U.S. Senate. Message of the President of the United States. Ex.
Doc. No. 42. 40th Cong., 3rd Sess. , Feb. 3y £869.

UL Se Senate; “Detter of the Secretary of the Interior. Ex Doc.
No. 68. 4lst Cong. , 2nd Sess., Mar. 22, 1870.

U.S. Senate. Letter to the Secretary of War. Ex. Dac... No: GT:
4lst Cong. , 2nd Sess., Mar. 21, 1870.

U.S. Senate. Letter from the Secretary of War. Ex. Doc. No.

24. 43rd Cong. , 2nd Sess., Feb. 6, 1875.

U.S. Senate. Letter from the Secretary of War. Ex. Doc. No.
15. 43rd Cong. , 2nd Sess., Jan, 14, 1875.

stad: 5. Senate, Letter from the Secretary of War. Ex. Doc. No.
48. 44th Cong. , lst Sess. af eb. 292° TR76.

U.S. Senate. Letter from the Secretary of War. Ex. Doc. No.
12. 44th Cong., lst Sess. » Jan. 6, 1876.

U.S. Senate. Message from the President of the United States.
Ex. Doc. No. 33, Part 2. 44th Cong. , lst Sess., Apr. 6, 1876.

U.S. Senate. Letter from Secretary of Treasury. Ex. Doc. No.
37. 44th Cong., lst Sess., Mar. 20, 1876.

U.S. Senate. Letter from the Secretary of the Navy. Ex. Doc.
No. 48. 44th Cong., lst Sess. » Jan. 5, 1876;

U.S. Senate. Repert upon the Customs District, Public Service

and Resources of Alaska Territory. Ex. Doc. No. 59. 45th Cong. ,
3rd Sess., Jan. ty ES79,

U, S. Senate. Affairs in Alaska; Reports of Commander L, A,
Beardslee. Ex. Doc. No. 105. 46th Cong., 2nd Sess., 1880.

U.S. Senate. Letter from the Secretary of the Interior. Ex.
Hed: No, 30... 47th Cong., lst Sess. »:- Dec. 19, 1883. :

U.S. Senate. Reports of Captain L, A, Beardslee, U.S, Navy,
Relative to Affairs in Alaska. Ex. Doc. No. 71. 47th Cong., lst Sess., 1882.

: U.S. Senate. Letter from the Secretary of Treasury.. Ex. Doc.
No. 149. 48th Cong., lst Sess. , Apr. 8, 1884,

ieee eee

settee

SAAR TRA Ah a Fae a gn SUN Ra

"eb op Siegert:

Wn: be Oe ae ne eee

188

tie We Se Benate,
No. 40. 51st Cong. , lst Sess. » Jan. 6

U.S. Senate. Report of the CG
Report No. 557. Slst Cong. ,

U.S. Senate.

Report of the Commi
No. 287. 51st Cong.

ies. Report
Set Sess;, Feb. 13, 1890,

U.S. Senate. Report of the
Neport No. 557, 515+ Cong. , |

Ska Relative to Certain
: - No. 39. 51st Cong. ,
ctul Sess. , Jan, 13, -1891.

auty Ex. Doc. No, 49. SIst Cong. ,

Satie TTS Senate. Separate Judicial D
Nu. 145. 55th Cong., lst Sess.

istrict in Alaska. Ex. Doc.
» June 8, 1897,

U. S. Senate. Alaska Gold Fields. EX: Doe. No. 14, 55th
| : : Conn, 2nd Sess., Dec. 13, 1897.

U.S. Senate. The Situation in Alaska. Ex:-Doc.” No, ‘15, :
ith Cong. , 2nd S688. Dec. 13, 1897.

U.S. Senate. Civil Government for Alaska. Report No, 607.
ith Gong. , 2nd Sess. , Feb. 21, 1898.

U.S. Senate. Crimin
lin, =x. Doc. No. 60. 55th Cong. ,

U.S. Senate. Compilation of Na
* Alaaka. Report No, 1023. 56th Cong. ,

U.S. Senate. History of the Di

iscovery of Gold at Cape Nome.
in, Ine. No, 441, 56th Cong., Ist Sess. » June 5, 1900.

5 ll, S. Senate. Civil Governm
#3 Af’, oth Cong., Ist Sess. ,

(, S. Senate.
He. 09, 56th Cong. , 2nd Sess. ,

nited States. Report No.

2414. 56th Cong. , 2nd Sess., Feb. 23, ¥901.

roposed Restoration of Prohibition to Alaska,
Sth Cong. , 2nd Sess. , Jan. 14, 1903.

U.S. Senate. Pp
Etc. Ex Dec. No. 85

U.S. Senate. Annual Report of the Attorney-General of the
ce United States for the Year 1902 Ex. Doc. No. 9. 57th Cong., 2nd
Sess., 1902.

Waters vs. Campbell.

Century Edition of the American Digest.
VOL. 27. Weet Pub. Co.

— , 189
+ ee |

| U.S. Senate. Mining Laws of the U

» St. Paul, 1901, p. 2010.

Wickersham, James (Judge), Alaska Reports, Vol. L” St.
_ Paul, Minn. , West Publishing Co, 1903.

5S ig Gabo Shee dui

2. Books.

' Bancroft, H. > a History of Alaska, Bancroft and Co., San
} Francisco, California, 1886.

Berton, Pierre, The Klondike Fever, Alfred A. Knopf, N, Y, ‘
1960. :

Brooks, Alfred H. » Blazin

g Alaska's Trails,
Alaska, College, 1953.

Univers ity of

Greely, A, Ww. » Handbook of Ala

ska, Its Resources,
and Attractions,

Products
Charles Scribner's Sons, N. Y

Hellenthal, J.A., The Alaskan Melodrama

Hulley, Clarence C., Alaska:

1741-1953, Binford and Morts,
Portland, Oregon, 1953.

McKee, Lenier,

The Land of Nome,
i902.

The Grafton Press, N, : oe

is Nichols, Jeannette, History of Alaska, Arthur H. Clark Co. ,
Cleveland, 1924 te a

RO es AN ET TEIOE NEE NERS HE PII Mt og

SRC ema

191

Letters to the U.S. Marshal, The Attorney General, Washing -
ton, D.C. , Aug. 28, 1889 through Aug. 14, 1892.

Letters to the U. S. Marshal, The Attorney General, ae 6,
1892 through Sept. 30, 1595,

Letters to the U.S. Marshal, The Attorney General, Washing -
ton, D.C. , Sept. 30, 1895 through Oct. 18, 1897.

Miscellaneous Letters, U.S, Marshall, Sitka, Alaska, Oct.
3, 1889 through Dec. 29, 1894,

Miscellaneous Letters, U.S. Marshal, Sitka and Juneau, .
— Aug. 7, 1897 through Mar. 30, 1905.

Misceus tect Letters, U.S, Marshal, Sitka, Alaska, May
G, pS 20 through Feb. 19, 1901.

Miscellaneous Letters, U.S. Marshal, Juneau, Alaska,
Feb. 19, 190] through Dec. 5, 1902.

core) oe ea
- =

Ra ee ee ee rn + sa winters ts

_ Swineford, A, P, » Alaska History, Climate and Natural Re-
sources, Rand, McNally and Co. ,» Chicago, 1899.

Wickersham, James, Old Yukon, Washington Law Book Co. ,
Washington, D.C. , 1938.

3.. Periodicals

Nordhof, Charles. 'What Shall We Do With Scroggs?" Har-
per's New Monthly Magazine, Vol. XLVII (1873), 41-44,
° a

Perkins, Hon. George C.

National Geog raphic Magazine,
178.

"The Civil Government of Alaska, .
Vol. IX, Washington, 1898, 172-

eeer4’ Unpublished Materials

From the author's personal library of original correspondence.

Letters to the Attorney General, U,

S. Marshal, Sitka, Alaska
Jul. 5, 1890 through Nov. 6, 1893.

Letters to the Attorney General, U.S. Marshal, Sitka, Alaska,
Nov. 6, 1893 through Apr. 9, 1896.

Letters to the Attorney General, U.S.
Apr. 20, 1896 through Feb. 25, 1899,

Marshal, Sitka, Alas ka,

Letters to the Secretary of the Treasury,
Alaska, Dec. 15, 1884 through Sept. 23, 1898.

U. S. Marshal, Sitka,

Letters to the U.S, Marshal, Comptroller,
- Department, Washington, D, C, , Nov. 24,

U.S. Treasury
1884 through Jul. 8, 1889.

Letters to the U.S, Marshal, Comptroller; U.S, Treasury

Department, Washington, D,C., Apr. 15, 1896 through Oct. 18,
1889.

Letters to the U.S. Marshal, The Attorney General, Wash-
ington, D.C, , Nov. 15, 1884 through Oct. 9, 1886.

Letters to the U. S. Marshal, The Attorney General, Wash-
ington, | D, C. ; Apr. 9, 1888 through Jun. 17, 1889.

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gam Pence re Nelson Chartes died on the gallows a ‘The Feder
{ gee etre i ieee here this morning for the murder |} mee order on the
\ ae Jes of his mother-in-law. The trap was ee 74 Henry Guisa:
TAR werew Fike “sprung at 8:46 o'clock and doctors | Px; Sat ae |
JiSatune 2a oe : picnounced the Ketchikan Native ||:
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first “innecent.” His voice trailed ! Workers engaged in th -
oe : ' n the serious |
it an ee tisnes cane business of building a sandbag | Narrowly
and be : . , Rrmor for the famed obelisk in the’ ,
Walks to Gallows ; Place de la Concorde give Parisians: |
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The Indian walked unaided to the | & ReW guessing game. How Many. |
Rallows, bullt under a porch at the } bags comprise the needle’s defense | Pe ZI
northwest end of the Federal Jail; against German bombs? | RAWLINS,
‘Building. A white web belt strapped | . . Five men were

— Ds aris to Nils-side-as~he watked OMNES glen pga
in between Mahoney and Deputy | i

= Marshal: Walter .Hellan, — Spiritual;
ixivisors, the Rev. W, G, LeVasseur i
and Capt. Stanley Jackson, had en-|
tered the executon chamber a mo-|
ment before. i
Atter Charles spoke his final |
words, his ankles were strapped to- |
ether by another white belt. With |
the two officers supporting him, he)

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TOOM,. baraicSarze enough. to ™& 1A, Wom . ue =
the eight men, the witnesses

‘Chamber a block aw
seated on two rows of planks. dabbed pli ed aneks
were nailed into the room be- GR Retin’

execution
ay. The woman j-—
& handkerchiof-] |
was a relative} | oe
3arles, who came to Alaska from} | : Cig eae ieee

Puget Sound. His wife’ whose ie sae po ae | zs Fe aun: se ce pars

he killed,
ancther charge.

Nelson Charles was
by.a Ketchikan
Cecilia Johnson,
,€n September 3,

D1 at Ketchikan
1938. As the jury

refused to recommend life imprison- |

ment. the hanging sentence was

» mandatory upon District Judge

George PF. Alexander.
Granted Two Stays

Twice Charles was granted a stay
cf execution jn crder to allow his
attorneys to perfect an appeal. When
NS action of this nature was taken,
the hanging was Set finaily for No-
vember 10. Several appeals to Prasi-
dent Roosevelt to commute the
sentence to life imprisonment were
“harles was certain as late
terday that
ancther stay.

Mrs. Johnson's murder was as bru-
tal as could be imagined. Her son-
in-law was drunk at the time. His
Statement that he Was innocent of
the crime was not made Seriously

as Vese
he wou'd be franted

_ Until two minutes before he died.
Those acquainted

with Charles

)

4
§
|

|
|
|
zy
|
|

is in jail at Ketchikan on

found guilty j
Jury of killing Mrs. | |

a Study of the case. |

peter See ery x
F Aretrer eaters ey sre ete

t 5 : eS Sey - : seek
bole banhtabheuanaighnens Ss. oh Se oe wantuaiguah ee

‘ Senator Bennett Champ Clark of Missouri, or

the Administration’s neutrality hill, is sh

Senator Tom Connally of Texas, one of its

the bill was passed by the Senate. Senator
| Carolina (center) also voted fo
|

‘
Sees ee

Fae With the case explained today ;

remodel
[that by Claiming-~innocence he’ ene hav
meant merely that he killed Mrs. ! use to tl

j Johnson While he was out of his at the ch
imind. He has never sought to dis- | beYs will
{own the actual deed of dKilling her. repair th
. 13 Letters , ton. to t
Yesterday Nelson Charles wrote | ae
letters of farewell to His tHenas ame =
relatives. Ironically. the number of STALL
‘letters he wrote. was 13. This morn-:
ing as he waited the last hour he 10/
dictated two more letters to Cap-
tain Jackson. One designated Jack-
son as his choice of spiritual ad- | $C
visor. The other, addressed to Mar- |
“Shal Mahoney, was a friendly note, |
acknowledging the fact that tne One Hr
Marshal had treated him kindly and| t
that he did not hold Mahoney in} Nig!
any way to blame, for what was: is
abeut to happen to him. Both let-:
-€rs were signed by Charles. f ou
- When the black cap. Was being | MOSCO
pulled over his head, the Native add~ Pin is expe
ed a few unofficia} last words, “fix reniy tode
my ear.” His left ear was exposed, |

.ceunter pr

When Hellan started {0 arrange the | golegation

c@p as indicated Charles said. ONO, |S ieata ta “h

pull the cap over it.” Rone hie

The body was not. cut down. But railed to pe
was hauled back up through

ths! tween the +
trap-and removed from sen

the noose >>

- fetals 2 oe

Nelson Charles was 37 years Old | Foie pr
and locked younger, He enlisted 40) aia *
with the U.S. Army in 1918 by SAY~" 5, 4

; 24 hours,
ing he was 18. when as @ natler of j i
: ; + A’ spokes
{e@t-he was only 16. He saw service announced:
in Franéé and was “wounded, Bs aprecoee
Today's hanging. as_nearly as CaN ocllance: of
be learned, is the seventh legal ex-j- —
fi ; 'Tish delegat
ecution held in Alaska. Three were cow for “th:
held at Fairbanks, one at Sitka. one! se) em
‘ no. definite
at Nome and one at Valdez. None the-tesur pt
had been held in the Territory since oe |
1929, sas Pi
9, '

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href="../home.html" >Return to Justice Center Home Page</a>
]</a></i></center><dd><hr>

<center><h2>The Trial and Hanging of Nelson Charles</h2>

<i>Alaska Justice Forum</i> 13(1), Spring 1996.
<br>&#169; Copyright 1996, Justice Center, University of Alaska
Anchorage</i></center> —
<p>
<i>Averil Lerman</i>
<p>

<dd>This article summarizes research on the trial and hanging of Nelson
Charles, who was executed in Juneau, Alaska in 1939. It is a part of a larger
work in progress, a history of the death penalty in Territorial Alaska,
derived from both documentary sources and from oral interviews with
participants and witnesses. Principal sources for this history include
personal interviews conducted by the author, as well as contemporary reports
published in newspapers and records of the Territorial court system.

<h4>Overview: The Death Penalty i court system.

<h4>Overview: The Death Penalty in Territorial Alaska</h4>
<IMG SRC="../graphics/f1l31bfig.jpg" align=right alt="[Persons Executed in
Alaska]" ></a>

<dd>Until it was abolished by the Territorial Legislature in 1957, Alaska
had a death penalty. Between 1900 and 1957, eight men were executed in the
territory by force of law, each of them convicted of murder. Although records
indicate most murders in the territory were committed by white men, only two
of the men hanged during this period were white Americans: in Nome in 1902
and in Sitka in 1903. After 1904, all of the men hanged in the Territory were
non-white or of minority status. Three were Natives; two were
African-American; and one was a foreigner from Montenegro, who was viewed as
a minority by the citizens who tried him.

<dd>Iw 1957, after a prolonged debate and an impassioned speech by
abolition sponsor Warren Taylor, the territorial legislature abolished the
death penalty in Alaska. According to Vic Fischer, who was the junior sponsor
of the abolition bill, one factor motivating abolition was concern about the
apparent race bias in the application of the death penalty.

<dd>The larger effort undertaken by this author, from which this article
has been excerpted, focuses on the last three capital trials resulting in
hangings in Alaska, which occurred in Juneau between 1939 and 1950. The
history of the death penalty in Territorial Alaska raises numerous questions.
Why was the death penalty so rarely applied? Is it simply coincidence that
there were only single decades - the 1920s in Fairbanks and then 1939 through
1950 in Juneau - in which hangings occurred, or was this phenomenon related
to social stresses, to a particular judge or prosecutor, or to other factors?
Did race affect the application of the death penalty? At what stage or stages
of the process of arrest, charge, trial, sentence, or post-conviction could
race have been a factor? What impact did the death penalty have on the people
who came into contact with it, whether as government employees or as persons
connected with the murder victim or the man’convicted of the murder? And
finally, why was th death penalty, so rarely used, abolished?

<dd>Fully answering these questions is beyond the scope of this particular
article, but they have contributed to its context. What follows is an account

in the Barbecue, a restaurant near the Federal Building. He told the

patrolman who answered the phone that he had stabbed his mother-in-law with

a butcher knife and stated he would wait for them at the restaurant. When the
police arrived, Charles took them up the hill to where Johnson’s body was
lying. She had been stabbed in the back and chest and had been sexually

HTTPWEBS. TXT

molested with an empty bottle. Charles said that his mother-in-law had been
drinking and had said she wasgoing to kill him; that she had tried to stab
him with a butcher knife; and that he only stabbed her after this attack.
Charles was arrested and taken to the federal jail. Funeral services were
held for Cecilia. Johnson at the Presbyterian Church three days later.
<dd>Charles spent six months in jail before a grand jury was impaneled. An
indictment was issued against him on April 1, 1939. During that period, he
had no lawyer. After the indictment Federa, he
had no lawyer. After the indictment Federal Territorial Judge George
Alexander appointed Ketchikan attorney Adolph H. Ziegler to defend Charles on
the first-degree murder charges; he gave him a week to prepare for trial. On
April 11, 1939, jury selection for Charles’ trial began.

<h4>The Trial</h4>

<dd>By the time of Nelson’s trial, the defense attorney, Adolph Ziegler,
had been practicing law for more than twenty years and was a prominent member
of his community. He had been elected to a seat in the house of the
Territorial Legislature in 1929, 1931, and 1935, and he served on the
Territorial Board of Education for fourteen years. At or around the time of
the Nelson Charles trial, Ziegler was mayor of Ketchikan, a position to which
he had been elected in 1938. Although a Democrat, he was viewed as very
conservative on social issues - and an unlikely champion for an Indian
charged with murder.

<dd>The U.S. Attorney was Assistant District Attorney George W. Folta,
also an experienced lawyer, who, like Ziegler, had never attended law school,
but had learned the law through an apprenticeship. By the time of the Charles
trial, Folta had been practicing law in the Territory for eleven years. He
was known as a zealous and aggressive prosecutor. (Nine years later, Folta
would be appointed to fill the single judicial appointment in the First
Division of the Territory of Alaska, the seat then held by Judge Alexander,
but of course neither Folta nor Alexander knew that in 1938.)

<dd>The jury assembled for the trial of Nelson Charles was all white. The
government asserted that Charles had confessed to stabbing Johnson and that
he had also sexually assaulted her with a bottle, either before or after she
died. Joe Johnson, the husband of the victim, testified that his wife had
been drinking heavily for days before her death, and that "alcohol stayed in
her system for a long time." The trial of Nelson Charles took four days.

<dd>At closing argument, the prosecutor argued to the jury that it had to
return a death verdict. He said that he had never before sought a death
penalty, but that execution was necessary here. He told the jury that a
sentence other than death might mean nothing more than a six or seven year
jail term. He said that, if the jury returned a verdict without recommending
capital punishment, it meant that capital punishment in Alaska was a dead
letter in the law. Death was justified, argued the U.S. Attorney, not because
Charles had intended to kill Cecilia Johnson - an argument that would have
been hard to make under the circumstances of Charles’ profound intoxication

body half-hiding another man. Then, slowly, so slowly, three of them were
there; the marshal, a deputy, and between them, a man, a native, whom I

had never seen before; he was the man. .. . He stood there, not more than
fourteen or fifteen feet away, looking at us. He looked as we had
expected, like the full-blooded native he was. He wore blue serge
trousers, black shoes, a white shirt, and a dark tie, well knotted and in
place.</blockquote></blockquote>
<p>
Charles’s arms and hands were bound tightly to his sides with white straps.
As the witnesses watched, Mahoney took another strap and bound Charles’s legs
together. Gaffney wrote:

<blockquote><blockquote>As he finished his task, he stepped back a little;
is there anything you’d like to say, Nelson? he asked. We listened as we
had never thought a man could listen, listened till our ears would burst,
listened while we expected him to say nothing, but hoped he would; we
expected a brief negative nod of the dark head. But he spoke, his voice a

half-sob, whispering, barely more: I am innocent of killsob, whispering, bare

ly more: I am innocent of killing my
mother-in-law, he murmured. I don’t want to hang; I still say I am
innocent. His head was bowed forward, you could feel if not see the hot
tears in his eyes, you could feel his trembling in your own
body.</blockquote></blockquote>
<p>
<dd>Assisted by two men, Charles shuffled inch-by-inch to the edge of the
trap. He then refused to proceed, and had to be lifted onto the center of the
trapdoor by Marshal Mahoney and his deputy, Walter Hellan.
<dd>Mahoney took a small black hood from under his vest. He began to pull
it over Charles’s head. Too small, it got caught on Charles’s right ear. "Fix

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my ear,” he asked softly. The newspapers reported thes as Charles’s last
words.

<dd>Mahoney took the noose off a peg on the wall and placed it over
Charles’s hooded head. He drew the loop tight around Charles’ neck and placed
the knot of the noose just behind his right ear.

<dd>Watching these preparations, John Gaffney noted his own reaction:

<blockquote><blockquote>Had I any thought of a man, a criminal, about to
pay for his crime? Any thought of a disreputable and dangerous killer
about to give his life for one he had taken? No; nothing like that. Only
that a man was about to die; that there, almost within reach, was a man,
a man like ourselves; a young man who somewhere had a wife, who had once
slept an untroubled sleep, had only the day before laughed and hoped for
life.

<p>
I was aware of some feeling as I sat there then, some unusual feeling that
was strange to me; then it was vague, and there was not time to fathom it.
But now I know; it was the certainty, the sureness of it. I knew for the
only time in my life that within minutes this man who now lived as I lived
would be dead, a stone, lifeless, cold and stiff. Men have been stricken
with fatal diseases and we have known they will die; we have held our
buddies in our arms at the front and watched the last breaths spend
themselves; but even then there has been hope, and when not hope, the
“awareness that death might stay away yet awhile. Would it come now, or

[ <a href="index.html#index" >Return to Alaska Justice Forum index</a> / <a

Caswell also stated that he had approached Folta with this information on the
last day of Charles’s trial, but, by the time he talked to Ziegler on that
day, the case had already gone to the jury.

<dd>The post-verdict submission of Caswell’s affidavit raises troubling
questions about Ziegler’s preparation for this case and about the court
system practices of the time. As a senior, white, law-enforcement officer
speaking so favorably about Charles, Caswell would probably have had a
powerful effect on the all-white jury. His testimony might well have been the
difference between a verdict for first or second degree murder or between a
sentence for life and a sentence for death.

<dd>However, it appears certain from the court records and newspaper

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accounts that Ziegler did not undertake any significant investigation into
the case against Charles. He was appointed only days before the case came to
trial, at a time when he had t the case came to
trial, at a time when he had to present not only this case to the visiting
court, but also numerous other matters for other clients, both paying an
indigent. When the federal judge came to town, lawyers had to work around the
clock, preparing case after case, until the court left town for another six
months. Small towns like Ketchikan had few lawyers, which meant that the
burden of representing indigent defendants weighed heavily on each of them.
The trial record suggests that Ziegler knew almost nothing about his client,
or about the government’s case, at the start of the trial. In the middle of
the trial, he asked for a recess so that he could look for records from the
coroner’s office, and he tried to obtain from Folta witness statements the
government had received months before. Ziegler had not located even the most
obvious evidence relating to his client. It is obvious he did not know about
Caswell, either. Although Ziegler argued strongly against the government’s
case, according to published accounts of the trial, he put forward not a
single witness on Charles’ behalf, aside from the testimony of Charles
himself.

<dd>Ziegler’s "Motion for a New Trial" was denied by Judge Alexander on
April 29, 1939. On the same day, Nelson Charles was sentenced to "be hanged
by the neck until he be dead, at Juneau, Alaska."

<dd>Ziegler delayed the hanging by filing a "Notice of Appeal" in May
1939. But, according to the court file, he never wrote or submitted an appeal
brief expanding on the points he raised. Money, or lack of money, probably
accounted for his abandoning the appeal. In capital cases where indigents
were convicted of first degree murder, it was rare that any appeal was ever
filed, since there was no provision made for any free legal representation
beyond trial, and the out-of-pocket costs that might be incurred were
substantial, including the preparation of a transcript of the trial as well
as the necessity of traveling by boat to California to argue the case to the
Appeals Court.

<dd>As the date of execution grew closer, the Alaska Native Brotherhood,
the most politically significant Native group in Southeast Alaska, petitioned
President Franklin Roosevelt to commute Nelson’s sentence from death to life
in prison. Such petitions filed by others on behalf of convicted white
murderers sentenced to death had previously been successful. This petition
focused on the fact that Charles was known as a fine man when sober and had
never become intoxicated until after prohibition was repealed. The petition
stated that Charles had enlisted for service in the First World War after

fifty years later, he still remembered with astonishment the extent to which
others envied him for it.

<dd>Consistent with traditional execution protocol, Marshal Mahoney
invited a number of journalists to witness the hanging. These included George
Sundborg, Al Anderson, and John Gaffney, a young reporter who worked for
Anderson. The others included a Catholic priest, a Salvation Army minister,
Marshal Mahoney, two of his deputies, and two doctors, who were retained to
confirm the death of Nelson Charles. Three other witnesses were apparently
unrelated either to law enforcement or to the press; they included an
employee of the Internal Revenue Service, a well-known criminal defense
attorney, and another, unidentified, man.

<dd>The best account of the hanging of Nelson Charles was written by John
Gaffney, the young reporter who worked with Al Anderson. Gaffney wrote the
account, not for the newspaper, but in a private essay shortly afterwards, an
essay which he kept for more than 50 years.

<dd>Gaffney and Anderson walked from the newspaper office up to the
fwspaper office up to the
federal jail, careful to arrive before the 8:30 a.m. deadline. They handed
over their blue tickets at the gate of the jail yard and entered the ground
floor entrance of the old building. Each witness was required to sign three
forms, which were laid on a table near the door. The group of witnesses
milled around until one of the doctors, who was late, was telephoned.

<dd>Once the doctor arrived, all of the witnesses were taken outside again
and walked single file around to the side of the building, where the trapdoor
had been placed under the large staircase that led from the ground up to the
second floor. A second set of stairs descended to the basement level. A rope

HTTPWEBS. TXT

had been hung from the bottom of the second floor landing to the trapdoor
structure that had been built over the excavated area into which the lower
stair descended. Two small benches had been placed on the wooden platform,
ten feet from the trapdoor that would open into the pit below. Gaffney

described what he saw:

<blockquote><blockquote>Directly in front of the first bench there ahead
of me was a wire screeing, not fine wire, but wire with holes big enough
for eggs to go through, big enough so that if you didn’t think about the
wire you forgot it was there. In front of us was a pit about fifteen feet
deep, formed by the stairway and the basement. The floor of the basement
was of concrete; the concrete was black looking and wet. Then, opposite
us, across the pit, was a little platform; about twelve feet by five feet;
in the center of the platform was the trap.</blockquote></blockquote>
<p>
The rope was attached to a wide plank which had been nailed firmly to the
side wall of the building. A door opened from the building onto the platform.
<dd>The witnesses seated themselves on the benches. From nearby came a
loud sound of regular dripping, either melting snow or water in pipes. The
Marshal came out the door and told everyone to refrain from talking once
Nelson Charles came out. Then he left. There were only a few further remarks
from the witnesses assembled, waiting. Al Anderson recalls hearing someone
say, "Jesus Christ, what a way to make a living." Gaffney wrote:

<blockquote><blockquote>There were more sounds at the doorway. This would
be it. First the marshal appeared, his arm holding someone else’s arm, his

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& the Indian in Souths ues: ;

c= « Pface,’ he--agid. 2 di: thé *changman | ahae
aim ownership to‘about _ . “This Act may oe

FY Vr ASTSEED

IARLES D, wWAtrecen
{ wasningzon ¥

t WASHINGTON, : March -
“22 tLheceme | a _wel-| Placed the custemn: ry,- Glace. hood = , Ernest Gruening of Alacy
<< the Tongass Nations! come beacon in the World's dark‘ cover the ‘condenined - man's head,’ Sinue in office after hts
* the Bervice _planned night. But if- ha:

1b beacen fs to: beh In ~ his- cell, -Nelkons hade a—final- next montlr without henerte!
‘y for the est abiishment lighted at all, it Out it of a

had better be Hgtt-icigarette before heltig taken to: the nomination. ote
T20 paper mills. ea before it is too late" - eR os cispenint Baile ed Gi ox ESGWSUTS | Gruening’s: se ond: terrae ;
Loess ; derossthe-Capttal— the — Sse pit Eee nee see mia dle-cP AE ho Dersuer-
~ : PB te i ing one eas Subiic: ans. contro} o> Senate= a. =
a wi 19 "jit will wrap foreign aid for Burope.) SIRT Serer may te be sont to the!)
ciao EE. hing, Greece and Turkey into. “a. Guards took ‘nO chances wiih Capitol. He is a Democrat. Pe
he “Single package.” atte, iNeléen, Two hours before his.

nd Some Democratic leade peiesg fe
_ Chatrman Eaton iR-Ng)_ eald he death, he nit Deputy U. 8, Marshal acetal if the Republican, pee! it
hopes a bill covering all these aiq Sid Thompson and biscked ono Pye: will confirm a Bemoerst tor, =
programs will be ready to go to the He had also Xtcked at U.S. Mare!

cOur-year term as Governor ef ain.
Holize floor before the end of the ie eae "T, Mahoney. Shackles-oo ot since the Reputticase® al,
fronth, eS were placed on both arms and legs hope of winning the nett ‘Nailonsal
Sateen Sioa Esee ~~ see, cS bet ‘abd he wes parttally dragged and
a, Msreh 1-4P—Pive’ > Se reg et ee giogrrentaes

Of the Pacifle North-
48 have made prepara-
or the Monday fight
where they wilt Meet. i:
Christmas Ship” with Seg
‘ood and clothing - for ;
Boe and Aus
‘ad planned ori beluaby
vday Night, but bad
ch. the. arrival of sever-__
: party and forced

election. hat ¢
<2 Partially carried from his ell, als tn an ~Shptiding
; ay PTOlably would be. appeal
though he ceasi tantly declared ¢r emnor of thi Territory. -
ican walk out ths reo by taypelf.” RT Interict ‘Department, eae
“He was brot igh ht out at 5:90 a. Mm. oo have heard of no oEpe

3 jue tie : . reappointmedtt. 2 heh

1 sprung, he! waa ‘Byes time to say ma ihe nointnation is 9
| hig. final - prayers. He. gribhed the 4:9 nie

tional Cornmttes’ ‘Weewiae

; Pope. twice from the hangman as know: af io i sition. 16

eris's. fought to delay his fate, ag Mow lemma At sage! :

SOO. 28 .. aes emagauis ere. EDM. :

it a ped

Ey Ba bases
retpwectarehlialibet |.) Became
Vat © “ ‘a7 P 1

54 180 FEDERAL REPORTER, 2d SERIES

lant and Hayes from coming. to blows.42_ voluntary or involuntary, a trial court “is. i a ie
However, there was no evidence that any- necessarily vested with a very large discre- cies oes
thing done or said by Hayes caused appel- tion, which will not be disturbed on appeal, r gavedulis
Jant to make the statement (Exhibit No. 4). unless a clear abuse thereof is shown.” 13 Seve’ te
Hayes was not present when the statement In this case, there is no such showing. Jud
was made and, so far as the evidence ’ iets
a a 4 [4-6] Appellant testified that Faulkner
showed, had nothing to do with it. .
was employed as his attorney, and that the
[1] _ As indicated above, appellant was statement was made and dictated to Faulk-
in jail when he made the statement. He ner in the course of such employment. Ap-
wore leg irons while in jail and was wear- pellant therefore contends that the state- |
ing them when he made the statement. ment was confidential and inadmissible in
However, there was no evidence that being evidence, thus, in effect, contending ‘that i UNIT
in jail or wearing leg irons caused him to jt was a privileged communication—a con- |
make the statement. The mere fact that he tention based on § 4310 of the Compiled
was in jail and wore leg irons did not ren- Paws of Alaska, 1933,14 now § 58-6-4 of 4 U:
der the statement involuntary.” Alaska Compiled Laws Annotated, 1949.
Appellant, while in jail, occupied a cell We reject this contention for the follow- |
by himself. In other words, he had no cell- ing reasons: i
mate. Therefore, ut. his borer, he deserts First. As indicated above, Faulkner tes- ar
his confinement ms jail # solitary con- tified that he was not employed as appel- eric :
finement. The description is inaccurate, Jant’s attorney and was not appellant’s at- |
for appellant was not in his cell continuous- torney. In view of Faulkner’s testimony, |
ly, nor was he alone continuously. He had the trial court was not, nor are we, required [ Rober"
frequent visitors. Some of these visits 0¢C- to hold that the statement was privileged.) ers were
curred in his cell, and some of them oc- aoe ruptey
: ar Second. As indicated above, the state- witietant
curred in another room of the jail—a room } subste
; ment was made, not to Faulkner alone, but | i :
which he called an attorney room and Hel- fa arry
bees to Faulkner and Hellan. There was no trict Cor
lan called a visiting room. There was no ; : : I ee
; M4 confidential relationship between appellant | sylvania
evidence that having no cellmate caused ;
and Hellan. Hence the statement was not | The (
appellant to make the statement. privileved.16 i Sea
muleged. i Judge, rr
[2] There was no substantial evidence Third. Although, as indicated above, cause fo
that the statement was induced by, or made appellant objected to the admission of the | Court di
as a result of, force, fear, threats, promises, statement in evidence, he did not object | ih
offers of reward or any other improper in- on the ground that it was privileged. By | sae
fluence. The trial court therefore con- failing to object on that ground, appellant | cape ioe
cluded—and, we think correctly concluded waived the privilege,!7 if any existed. arenes
—that the statement was voluntary. We conclude that the trial court did not Kalod:
Wks [3] In determining whether a confes- err in overruling appellant’s objection to | ‘. Crimi
ip sion or a self-incriminating statement is the admission of the statement in evidence. ; Wh.
: ee : ; . : . ment to
1. This testimony was contradicted by tion made by his client to him, or his f tion 2
3 fis TIayes and Faulkner. Hayes testified advice given thereon, in the course of his ; = =
4 il that he was never at the jail with Faulk- professional employment.” duly enc |
it ner. Faulkner testified that he was 15. Tolling v. United States, 5 Cir., 76 F.2d to distr!
Ate never at the jail with Hayes. 390 tion has
y 12. Sparf v. United States, 156 U.S. 51, 15 I6. York vy. United States, 8 Cir., 224 F been “fr |
‘a S.Ct, 273, 39 Tid. $43. 88; Livezey v. United States, 5 Cir., 279 ruptcy A
q i 13. Mangum v. United States, 9 Cir., 289 F. K. 496; Tutson vy, Holland, 60 App.D.C. cuted fo |
4 bei 213. 188, 50 F.2d 338. indictme —
’ ih 14. Section 4810 provided: “An attorney 17. Steen v. First National Bank, 8 Cir. | after co’
ine shall not, without the consent of his 298 F. 36. i what 1D:
client, be examined as to any communica- fail to

!
Bankr. |

UNITED STATES v. MICHAPL

Cite as 180 F.2d 55

or in denying his motion to strike it. No
other error is specified. However, we have
carefully examined the entire record and
have found no prejudicial error.

Judgment affirmed.

fe} KEY NUMBER SYSTEM

squme

UNITED STATES v. MICHAEL et al.
No. 9473.

United States Court of Appeals
Third Circuit.

Reargued Nov. 21, 1949.

Decided Dec. 29, 1949.
Rehearing Denied March 13, 1950.
Writ of Certiorari Denied June 5, 1950.
See 70 S.Ct. 1028.

Robert Michael, Harry S. Knight, and oth-
ers were indicted for violation of the Bank-
ruptey Act and for conspiring to commit
substantive offenses charged.

Harry 8. Knight was convicted in the Dis-
trict Court for the Middle District of Penn-
sylvania, Wm, F. Smith, J., and he appealed.

The Court of Appeals, Maris, Circuit
Judge, reversed the judgment and remanded
cause for new trial and held that District
Court did not err in dismissing the. appel-
Jant’s plea in abatement on ground that in-
dictment was not filed within three years aft-
er commission of offense charged, but that
statements of government counsel in final
argument to jury were reversibly erroneous.

Kalodner, Circuit Judge, dissented.

1. Criminal law ©=157

When grand jury has found an indict-
ment to be a true bill and has completed its
action thereon by returning the indictment,
duly endorsed as a true bill by its foreman,
to district court in open session, its func-
tion has been fulfilled and indictment has
been “found” within provision of Bank-
ruptcy Act that a person shall not be prose-
cuted for an offense under the Act unless
indictment is “found” within three years
after commission of offense, regardless of
what District Court may thereafter do or
fail to do with respect to indictment.
Bankr. Act, § 29, sub. d, as amended in

1938, 52 Stat. 856, 11 U.S.C.A. § 52, sub.
d; Federal Rules of Criminal Procedure,
rule 6(f),.18_U.S.C.A,
See. Words and Phrases, Permanent
Edition, for other judicial constructions
and definitions of “Found”,

2. Criminal law C158

Where grand jury returned indictment
charging offense under Bankruptcy Act
four days before expiration of period fixed
by provision of the Act that a person shall
not be presecuted for any offense arising
under the act, unless indictment or infor-
mation is filed within three years after
commission of offense, indictment was
“found” within meaning of limitation pro-
visions, though indictment was impounded
in accordance with orders of district court
for 54 days. Bankr. Act, § 29, sub. d,
as amended in 1938, 52 Stat. 856, 11 U.S.
C.A. § 52, sub. d; Federal Rules of Crim-
inal Procedure, rule 6(e), 18 U.S.C.A.

3. Criminal law C>1163(2)

Where in prosecution of officers of
corporation and attorney, jury acquitted
officers and convicted attorney though evi-
dence was stronger against officers than
against attorney, it would be presumed that
attorney was prejudiced by statements in
closing argument of government counsel
to jury that attorney had been for years an
important officer in bar association, that he
was under obligation to adhere to Asso-
ciation’s canon of legal ethics, and that in-
tegrity of the courts and of the bar were
involved, and conviction of attorney would
be reversed.

Robert T. McCracken, Philadelphia, Pa.
(George G. Chandler, Philadelphia, Pa., J.
Julius Levy, Scranton, Pa., on the brief),
for appellant.

M. H. Goldschein, Washington, D. C,,
for appellee.

Before MARIS, McLAUGHLIN. and
KALODNER, Circuit Judges.

MARIS, Circuit Judge.

George L. Fenner, Sr. and Harry S.
Knight were convicted in the District

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3 Soy ae A

Tage OES spacginacs: ETC
pia st La Riscra hones,
coved that he hed wot bps
+ the. victim's grocery. sist
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aicare

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ees bane

FOR ce mage

y “ "is Se gale
Rah me Bsa eaid,> however, tat an
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3 bigetla

“hasty Hejesn, Pane don
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vei ge Enife. Nelson hed immiicated
igs: Moore in the crime before he

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Rent to the 45 geld here

} «

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rhage WES ponveted Ly S ieee
jena Dutriet Court fury ta Fob-

Uae & To oven tehaver

: ~ Keep AE

Geek. Fie is survived BF a wire and
oeoGae, oki

Agciindstertcs the | eye wars
Reha Be Bakes; ot. Sa Pe 1
*rabernasie . end: Bsa Shag. 2
Sueenty and ths Rey; dohn & Gees
22 “WAS of the Catholis Church. toter- f
_. Seeemt tater today wes private; < -

‘La Bésore wai the ninth men t2 be
legndy erecuted in the histery of
. Be & goverment in ansgeed i dives}
Toaed the third ia Juneau.

2
cag!

€i2 oa,

OID taba

PP ae eT

Ss ‘cetan onticnaat shim ars,

Boe w wee Te a

ettdiemtaiinatndee ee

RTL a eatin val t F Ee eve

identified xz

Feimece = Folkah of =. Sf Loidegream,
Sinach. ¢ & micmiber of mouiar service, at time
“matriage in San Frencisca,. are plctared es ther gf fer 2

" taoon in Hawail trem Los Ansetes,’ The Arible newspaper £27

—}--in- Amman, Einshemite- ‘Sovtians Senta tendo Se-# brother

timan Sadex, Whe is reported te be the prespecitve bride
. Rareuk. However, cfficial Egyptian gcurees im fan Franc!
| he greant was “ua relation gt all” to Mosriman Sadek. 0 9

Gens-Counry Irip set
or adto mate Ime

WASHINGTON, 4) April ip te ag
Prendast Trump Wi make at Ieast
four and’. possibty six achoduled

te delat TE ingens d1,ioeetone

I will here mention that on my return from the northwest to

Sitka, General Davis reported that during my absence he had
visited Forts Tongass and Wrangel, on the revenue Cutter

Lincoln, and that while in Tongass a white trader complained

that he had been robbed by Cape Fox Indians. He went to the
village, and upon inve stigation found the statement substantially
correct; he then demanded the robbers of the chief, who excused
himself for not delivering them because they were absent fishing;
he arrested the chief and medicine man of the tribe, and took them
to Sitka as hostages for the delivery of the robbers, telling the
chief's wife and sub-chief that he would hold them until the robbers
were givenup. The result of this prompt action was the delivery
of the robbers to the commanding officer at Tongass. They will
be punished by confinement and work at Fort Tongass, as a warn-

ing to the tribe, and the eniet and the medicine man released and
1

a A A

returned to the village.

The first recorded arrest of a civilian in Alaska was that of
J. C. Parker on December 16, 1869. Parker, a Sitka policeman, was
charged with murder of an Indian and to be held in the military stockade
until tried by a competent court or released. by pr oper authority. In his
report of January 18, 1870, to the Secretary of War, General Davis
stated, ''This is the second Indian Parker has. killed within the past
year. The killing in both cases was pronounced unjustifiable by the

board of officers who investigated them,.'117

Army Justice

In December of 1869, two white men, who claimed to be miners
and were living at the post of Fort Wrangel, procured liquor alledgedly
for their own use. They in turn sold it to the local Indians. At ten

minutes past eleven on the evening of December 24th the Fort commander,

l6y s. Congress, House, Report of the Secretary of War,
November 20, 1869, 4lst Cong., 2nd Sess., Exec. Doc. No. 1, Part 2,
1869, p. 116.

Ilys; Congress, Senate, Letter of the Secretary of War,
41st Cong., 2nd Sess., Exec. Doc. No. 67, March19, 1870, p. L,

aden aah aan : = Lap piensa nae eran

First Lieutenant William Borrowe, received a report that a Stikine
Indian named Lowan (Si-wau) was under the influence of the liquor, and
had injured one of the laundresses, Mrs. Jacob Muller, wife of the
quartermaster sergeant. While in her house just outside the stockade,
and in the presence of her husband and a man named Campbell, the
Indian had bitten off a portion of the third finger of her right hand in the

: | course of shaking hands with her.

Lieutenant M. R. Loucks with a detachment of twenty men was

dispatched at midnight to the Ranch to arrest the offender. Lt. Borrowe © |
.
alerted the entire garrison to stand by in anticipation of trouble from the

eacisa diiidiiias’ Indians,

| Lt. Loucks located the house in which Si-wau was hiding. Eight

men were posted outside to cover the entrance of the house while the re-
maining twelve entered with the Lieutenant. This squad was-formed in
a single rank against the wall nearest to Si-wau with instructions to fire
if the signal should be given. Si-wau was informed that he was under
arrest and would have to go to the Fort. He responded slowly and an
argument ensued resulting in Si-Wau's brother, Esteen, rushing in

| front of the detachment shouting, ‘Shoot; kill me; I am not afraid."18
: | Si-wau, believing his brother in danger, also rushed toward the
squad and attempted to snatch a musket away from one of the men. Lt: 7
Loucks tried to stun him by striking him in the head two or three times
with his saber. By so doing, he inadvertently gave the prearranged
signal to fire. Six or eight shots were fired and Si-wau fell dead at the
feet of the detachment. Esteen, who had been shot in the right arm, was
_ taken to the post hospital for treatment, and Si-wau's body was taken to
the guard house. The detachment was dismissed and a picket guard

| _ posted around the camp for the remainder of the night.

18Ibid., p. 6.

vere er nmerNe

we a eo te Le eS eae ek
eS ts er

nis ae cok he nee cttcin ain Hi ik et oe ee CPR i LE AAA NERA A AAR al

anit na Pil ROR aR A A Rad mts aly
- The chiefs refused

Abontoone hour later, shots were heard from the direction of the

store some 300 yards from the garrison. Running towards 3

ad Gi
o of

post trac

~+, Loucks discovered Leon Smith, partner of Wilham King es

(ay

the sounc

- trader, lying on the ground bleeding profusely. Still alive,

~4 the post surgeon where examination revealed he had re-

- gun shot wounds just below the heart and three in the left

Pa
Spo wt fe
as pre a -

~ died of his wounds at eleven that night.

~eveille, the same morning, Lt. Loucks was again dis -

«;enty men to the Ranch under a flag of truce to demand

patched wits 7%
that the rn77erer of Smith be surrendered by noon or the village would
the demand. Half the males

2 by cannon.

z ~ribe were armed with muskets and revolvers and indicated

+¢ 25 use them.

at
-rowe polled his officers who voted unaninously to shell

a“
a“

~+ = necessity to assure the future of the Fort. Two hours of

-ed beyond the noon deadline. When the murderer,

om
= a
inn ute ed TH

Scute--, 2cc Sot appest, the troops opened fire with six pound solid shot
Firing by musket and cannon were continued until dark.

<reak on the 26th, the Indians opened fire on

the garrison.

~<sponded with cannister shot from the mountain howitzer

fxorn the Fort.

considering that I have no breech
ithstanding that
e--and after four
ront of the

-~tice was excellent,
r any of the. guns at the post--notw
ns had been made for the sam
fired, two bursting immediately in f
olid shots just through the house of the princi-

2
2 requisitio
(‘¢ zed been

esse t: znd two s
ai CIE Shakes, a flag of truce was seen approaching the
aces 2-46 firing on my part ceased.1l9

e wanted to talk with the commander but

ns i S-zkes stated h
rendered.

Lt. Demo = FF: lied that talk was useless unless Scutdor was sur
Shoraia cert ere, the chiefs approached the garrison with Scutdor. Just

-_— -

By ee

as the party left the settlement, a struggle took place and Scutdor
escaped into the woods. The chiefs were advised at the conference that
they must at once provide hostages and in the event that Scutdor was not
surrendered by six the following evening, the entire settlement and its
occupe2nts would be destroyed.

Later the same afternoon, the mother of the murderer and the
ranking sub-chief of this tribe were brought to the garrison by the
other chiefs and placed in the guard house. At nine that evening, Scutdor
was surrendered to the Fort commander and the hostages released.

The next morning, December 27th, Lt. Borrowe organized a
tribunal to convene at noon on December 28th to try Scutdor for the
murder of Leon Smith. The court consisted of Lt. William Borrowe,
the officer having overall responsibility for the battle; Lt. M. R. Loucks,
the officer who caused the death of Si-wau and precipitated the retalia-
tory death of Smith; Acting Assistant Surgeon H. M. Kirke, who had
treated Esteen and Smith; and William K. Lear, post trader and partner
of the victim Smith.

The tribunal convened as scheduled. Lt. Borrowe stepped down
as a member of the tribunal long enough to testify that Scutdor had con-
fessed the killing of Smith to him on the night of December 27th. The
accused was also identified by the five chiefs present as the one who
shot Smith. It must be assumed that the defendant was found guilty
although the record omits any reference to the findings of the tribunal.
However, he was sentenced to be hanged at noon the following day be-
fore the troops, citizens and the five chiefs; and remain hanging until

sundown.

The prisoner, upon hearing this, replied, very well; that
he had killed a tyhee, and not a common man; that he would
see Mr. Smith in the other world, and, as it were, explain
to him how it all happened; that he did not intend to kill

ehetielchiall adie akdemthontnenealetinda bation A

oo
i" ‘
a . 8 on : wand -
Ae e amt te f
“ Se anc héinn |
+ cute SESE Se =
| vig An A FAI hind a wooden ‘shield which kept f-:
| 24 1 f\ How EY ce the execution irém the view of curi-
| eect | ; + $7 4 id a] ‘ j :3 ;
| 3 UV HEY EG ous onlookers who had begun to
| fg kabher On the hillside and around
| = esha Velen Oe-lo-4e- Te Te the jail fence ;
= TAMAS E AB sie beanies Se cies
H EE. | Beg be gf T he A wire serecn separated Tie Wit-
HitpVap 8 Ff Et ae
QS GUbALGE (ou “Hesses from the trap. the floor of

Nelson Charles Execution
Performed on Sched-
ule af Jail Here ,,

(Continued rrun sage One)

the execution chamber. In this

were seated on two rows of planks.
They were nailed into the room be-

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Address

Re ae wh ea See ten ve os be eee pNanaanS

--Federal. officers Saw, the h

small room. baraucmarze enough to 74n_A, woman _

s ves 4
contain the eight men, the witnesses the moves arour
chamber a block away. The woman |

Which was on a leva! With the floor
OF The wiyiess room. Below yawned
a concrete pit. with a slairway at
the far end.

Silence

The Marshal cautioned the wit-
messes against telkin® after
prisoner was led in. With wet snow.
- falling—drip, drip, drip—overhead.
j the eight men in the room, the spiri-
tual advisers, the doctors and the
anging.

No one else was able to see it,
Against the «Federal Building on
Main Street stood three Indians, a
a boy, watching

d the execution

Gabbed her eves with a handkerchief
It is not likely she was a relative
of Gparles. who came to Alaska from
Puget Sound. His wife’ whose mother

thet,”

homer e mere tn Oy ren gigs: ot 4

TOI mene neta tm a namlingeny a mucetae wees renee,

he killed, is in jail at Ketchikan on
ancther charge. :

Nelson Charles was found guilty
bya Ketchikan jury of Killing Mrs.
Cecilia Johnson, 451. at Ketchikan
.¢n September 3, 1938. As the jury
refused to recommend life imprison-
ment. the hanging sentence was |
mandatory upon District Judge |
George PF Alexander, |

Granted Two Stays

Twice Charles was grarted a sta; |
ef execution in erder to allow his |
attorneys to perfect an appeal. When |
ND action of his Nature was taken, j
the hanging was set finally for No-
vember 10. Several appeals to Presi- |
dent Roosevelt to =commuite the |
Ntence to life imprisonmen? were!
reisered after a study of the case !
Charies was certain as late “as ves-”
_terday that he wou'd be vranted
another stay. '

Mrs. Johnson's murder was as bru-
tel as could be imagined. Her son-
in-law was drunk at the time. His
Statement that he was innocent of
the crime was not made Seriously
until two minutes before he died.
Those acqnainter Charles

‘ ‘
ao, 4
‘ \

‘

’

‘

‘shal Mahoney,

‘Marshal had treated

Senator Bennett Champ Clark of Missouri, one o
the Administration’s neutrality hill, is show
Senator Tom Connally of Texas, one of its sta
the bill was passed by the Senate. Senator Ja

Carolina (center) also voted for tk

tn Ritenrnee cere nse Eee aie Gmeneeem ei atelier Sans

remodeled
one having
use to them

and with the case explained today:
that by Claiming innocence he
meant merely tnat he killed Mrs.
Johnson while he Was out of his at the chuic
mind. He has never sought to dis- "bers will “by
GWn the actual deed of Killing her. repair them

13. Letters tion. to the
Yesterday Nelson Charies wrote ' ee

letters of farewell to Tis friends aye STALIN

relatives. Tronically, the number of

letters he wrote was 13. This morn- ‘i :

ing as he waited the. last hour hef 10 AR

dictated two more letters to Cap-j

tain Jackson. One designated Jack-| 4 Sa

soh as his choice of Spiritual ad- . SON
One Hour

Visor. The other. addressed to Mar- |
was a friendly note.!
the fact that the
him kindly and
that he did not hold Mahoney in|
any way to blame. for what was:
abeut to happen to ‘him, Both iet-:
‘ers were signed by Charles. ;

When the black cap Was being -
pulled over his head: the Native add- i48
ed a few unofficial last words. “Tins

acknowledging
*

i
|

my ear"

of the 1938 trial in Ketchikan of Nelson Charles and of his hanging in Juneau
in 1939.

HTTPWEBS. TXT

<h4>The Murder of Cecilia Johnson</h4>

<dd>The first man to be hanged in Juneau under the auspices of the
Territorial Court was Nelson Charles; he was executed in 1939 as punishment
for murdering his mother-in-law, Cecilia Johnson, in Ketchikan the previous
year. Charles was a Native fisherman, the father of a young daughter, and a
veteran of World War I. Newspaper and oral accounts suggest that he was not
originally from Alaska, but rather from the Puget Sound area. Charles was
known as a peaceful, easy-going man, except that when intoxicated he seemed
to have a liquor-induced mania. At the time of his trial and execution
Charles was 37 years old.

<dd>The murder of Cecilia Johnson occurred on September 4, 1938, ona
hillside behind Tatsuda’s Store (a grocery store which still exists). At the
tiAt the
time that area of Ketchikan was known as "Indian Town," because it was
largely populated by the non-white residents. Ketchikan was, in the 1930s, as
racially divided as any small town in Georgia during the same period. Indians
and Alaska Natives were barred from white schools, white churches, and many
white businesses. Segregated seating areas were enforced in the movie
theater. When a Native family was served in a restaurant, it was not unusual
for the proprietor to close the curtains so that white customers would not be
discouraged from entering.

<dd>It was a common belief at the time of these events that Alaska Natives
and other indigenous Americans were particularly susceptible to alcohol and
that alcohol caused in them a severe reaction. However, this problem was not
viewed with much interest or sympathy in some quarters, but rather was seen
as an indicator of the inferiority of the Natives. In April 1938 the
Ketchikan Alaska Chronicle published the following note titled "Firewater
Trouble." It appears to have been derived from a nationally syndicated
column:

<blockquote><blockquote>Canada has asked Uncle Sam to please see that its
Indian wards get no firewater when they come visiting on this side, but is
doubtful if the request will get anywhere. The Indian bureau and state
department favor complying, but the treasury and justice departments, who
would have to do the nurse-maiding, can’t see it at all. They have enough
headaches as it is keeping the whoopee juice away from U.S. Indian
wards.</blockquote></blockquote>
<p>
<dd>Cecilia Johnson, aged 58, was Native. She and her husband were in
Ketchikan along with their adult daughter, Rosie; Nelson Charles, Rosie’s
husband; and Nelson and Rosie’s young daughter. The family, who was staying
with friends in the area, seemed to be celebrating a successful fishing
harvest. According to trial testimony, Cecilia Johnson had been steadily
drinking whiskey on her husband’s fishing boat for at least three days before
her death. She was known to be a heavy drinker and was greatly affected by
liquor. In the afternoon of September 4, 1938, Nelson Charles and Cecilia
Johnson were seen going up the hill behind the store. Shortly after six
o’clock that evening, Charles phoned the Ketchikan police from a public phone

imak Island, the
‘etch of broken
int, like a finger
ch the shores of
they make San
since the last of
the Golden Gate
« City. Unimak
an average width
trees and is very

‘ar these desolate
sithin a few hun-
~ Pass. Through

- Cutter “Manning”
t in getting the in-
e crime

to steer a course; but
xe balance of the trip.
> dropped anchor and
the Argo, a schooner,
water aboard. Some
the northern end of
- Colby, its passengers
tin anchored. A dory
vas placed on the thin

Scarlet Secret

The

white strip of beach, the sailors returning in a second boat,
for one had to be left with the prospecting party. Captain
McDonald was instructed to return in about a month and
pick up the men or receive further instructions. As the
Lizzie Colby pulled off on her way to the fishing banks
of the Bering Sea the volcanic cone of old Mount Shis-
haldin, 9,387 feet high, reflected the rays of the spring sun
from her everlasting snows, while cataracts broke by huh-
dreds along the rugged shore line and fell to the sands
below; a beautiful but desolate spot in which these Argo-
nauts had been left; they waved a farewell and turned to
make camp for the night, little realizing the stark tragedy
that lay ahead.

Captain McDonald again sighted Unimak on June 17th

(Above) The spot where Jackson said he climbed, panic-stricken, from the
killer on the beach below. He was hatless, coatless and wearing rubber boots

of that same year; with his glasses he scanned the northern
end of the Pass and the bluffs above; then he proceeded on
to Cape Lippen and there finally made out a sign which
caused his sturdy old heart to miss a beat; the tent of the
Sullivan party was flat on the beach. A landing party was
quickly organized; the dory swung over the side of the
schooner and the men lay hard against the oars as they
pulled for the beach. When they landed a gruesome sight
met their gaze.

of the

Aleutian Islands 35

(Above) Florrie Sullivan, whose dead body
was found, together with his brother’s,
under their collapsed tent on a lonely beach

Not only was the tent down, but the
guy ropes had been cut; a sinister sign.
And when the canvas was raised there lay
the bodies of Con and Florrie Sullivan;
they had been dead for weeks. According
to outward appearances both had been
stabbed and one had been shot with a shot-
gun at close quarters, for there was a gap-
ing hole in Florrie Sullivan’s back which
seemed to verify this deduction. Rooney
and Jackson were nowhere about; a search
failed to reveal either the men or their
cadavers.

Now Captain McDonald and his men
tried to reconstruct the manner in which
the men had met death, for murder was
plainly evident. They came to the hasty
conclusion that Rooney and Jackson had
murdered their wealthier partners; every
indication pointed to the idea that at
least one of the two missing men had
crawled upon the brothers while they
slept and plunged a knife into Con Sul-
livan’s chest; because Jackson was the
hardier and more forceful of the two, sus-
picion, in the minds of the crew, attached
immediately to him.

Outside the tent could still be seen the
marks of boot heels, where a man had
been dragged in the sand; these led up to
Florrie Sullivan’s body beneath the can-
vas. From this Captain McDonald de-
duced that Florrie had been awakened by the stabbing of
his brother, and had started to run, only to receive a charge

cof shot from the rear which brought him down. It was in-

conceivable to any of the crew that these two men could
have met death in any way except by ambush or stealth,
without having given a better account of themselves in
battle. Of all the things he found, including the fact that
the pockets of the brothers’ clothing were turned wrong-
side out, Captain McDonald made notes. Then he ordered

36 The Master

(Above) Hon. Judge James Wickersham, who travelled many
miles to try the accused, and pronounced the sentence which
preceded the first legal hanging in Alaska

the crew to prepare graves and silently the two fine men
were laid beneath a crude cross on which had been cut
with a jack-knife, the words:

SULLIVAN BROTHERS
Buried Here, June 17, 1901.

Two more sacrifices had been offered to Midas and back
in the States two more widows waited in vain for men who
never returned.

But Captain McDonald was loath to leave Cape Lippen
until .he had further information; he and his men were
horrified by the brutality of the murders; all had come to
admire and respect the big, whole-souled Sullivan brothers;
so the crew requested a chance to make a search along the
beach. On the day following the discovery of the bodies
a member of the crew sighted a man slinking along the
beach near the foot of the cliff; the fellow had a heavy
growth of beard and he ran as he was approached; it was
impossible to determine whether or not the man was Jack-

Detective

(Above) Eagle City Alaska, from which Judge Wickersham
set out on his long jaunt to Unalaska to preside at the trial
of the killer

son or Rooney, or either. Continuing the search on the
following day a man, thought to have been the one secn
previously, was again encountered; he was observed peet-
ing over the bluff at the searching party; this time he did
not run although he kept a safe distance away.

“There ain't no gold on this island,” yelled the stranger.
“You better get off; I’m going to leave as soon as | get
a chance.” Yet before he could be offered a proposition to
boatd the Liste Colby the man disappeared over the cliffs.

“It might have been Jackson,” said one sailor. All were
agreed it was not Rooney. The remark about “no gold”
seemed to Captain McDonald to be significant. Unimak
Island had never to his knowledge been prospected; only
the Sullivan party had tried it. Who then but a member
of that party would have so much knowledge about gold-
hunting on Unimak? But Captain McDonald did not
know the story of William String.

On July 17th, the Kingburst, Captain Crosley command-
ing, reached Nome with news of the tragedy. The captain
had bespoken the Ligzie Colby about sixteen miles off-shore
in the Bering Sea, while fishing; he listened to McDonald’s
story, accepted his written testimony together with a request
for its delivery to the first revenue cutter to be encountered.
The cutter Manning was in port at Nome; the captain of
the ship notified United States Marshal Frank H. Richards
and he immediately assigned Deputy Marshal A. C. Griggs
to the case; the deputy boarded the cutter and started for
Cape Lippen.

And so matters stood, with the murders of the Sullivans
a complete mystery and the whereabouts of Rooney and
Jackson just as much of an enigma, until, on a day late in
July there arrived in Dutch Harbor, Unalaska Island, 100
miles west of Cape Lippen, a fisherman by the name of Ed
Williamson, who had with him, still emaciated and weak
from as terrible an ordeal as a man could go through and
survive, the missing Owen Jackson.

Williamson had found the man—on June 23rd. He was
hiding beneath an upturned dory on the sands at Scotch
Gap, sixty miles by beach from where the killings had oc-
curred. The cringing creature was hatless, coatless and shoe-
less, and in almost a dying condition. Nursed back to a
semblance of health Jackson had a strange and rather dis-

connectec
Unalask:
Griggs a
ing first
and then
“Wher
“we star
in that
sought 2
decided
in half-:
our stufi
load do:
in the te
in the :
shore w
somethi
try to!
no whit
island.
the sho
their b
rowing-
a large
It took
utes tc
Rooney
ran up
visions
was a
int 4

(R
wh
arr
un
th:

Wickersham
at the trial

search on the
the one seen
ibserved peet-
s time he did

{ the stranger.
soon as I get
proposition to
over the cliffs.
ilor. All were
out “no gold”
cant. Unimak
ospected; only
but a member
ge about gold-
onald did not

isley command-
y. The captain
| miles off-shore
to McDonald’s
‘¢ with a request
be encountered.
- the captain of
ank H. Richards
hal A. C. Griggs
and started for

of the Sullivans
of Rooney and
on a day late in
laska Island, 100
- the name of Ed
wciated and weak
{ go through and

ne 23rd. He was
» sands at Scotch
e killings had oc-
coatless and shoe-
Nursed back to a
ge and rather dis-

The Scarlet Secret of the Aleutian Islands 37

connected story to tell. On the arrival of the Manning at
Unalaska he repeated it in the presence of Deputy Marshal
Griggs and United States Commissioner Whipple, unfold-
ing first the story of the death-bed tale of William String
and then the Seattle meeting with the Sullivans and Rooney.

“When we landed at Cape Lippen,” continued Jackson,
“we started prospecting at once; for eight days we searched
in that vicinity without finding any gold or the spot we
sought as mentioned in the plan. Finally, a little later, we
decided to move down to Unimak Pass; we were taking it
in half-day hitches, two: boat-loads a day, which got all
our stuff together each night; by 11 o’clock we had.the first
load down, It was very warm; we left our coats and guns
in the tent at Cape Lippen. On our return trip, about 2:30
in the afternoon, while we were yet twenty minutes off-
shore we could see that our tent was down; that meant that
something was wrong. We could think of no one who would
try to rob us unless it might be the natives; we had seen
no white men and did not believe there were any on the
island. Rooney saw somebody moving; he pointed toward
the shore and said, ‘Con, there go two men with packs on
their backs.” I turned around in the boat—I had been

rowing—but I saw only one man making off up the hill with

a large hump on his shoulders.
It took us several more min-
utes to reach shore; we left
Rooney to guard the boat and
ran up to the tent; all our pro-
visions and guns were gone; it
was a sad blow and we were

Sullivan was very angry; he started out after the thief
while Con.and | trailed along behind; the fellow I saw from
the boat looked like a native.

“What was there about him that looked like a native?”
queried the deputy marshal.

“Well, he was squat,” answered Jackson, “and he walked
like a native. We searched along the lower edge of the
cliffs for some time thinking that the fellow might have
hidden there; then Florrie started for the up-country. He
had gotten out in front quite a distance; Con was next,
and 1 was behind. Suddenly we heard a shot and | saw a
man rise from behind a rock, walk leisurely out onto the
rough caribou trail we had been following and start search-
ing Florrie’s pockets. We were unarmed and could not
fire; he seemed to know or sense that fact and paid no
attention to us; we ran back toward the boat and started
to launch it. Presently there came a rifle shot from up
on the bluff; Rooney went down, grasping his knee; blood
oozed from his trouser leg. We hid behind the boat with
bullets whistling over our heads and penetrating the hull.

There was something uncanny about that firing; it seemed

to come at intervals as regular as clock-beats; I have had
some training as a soldier; it (Continued on page 82)

in a terrible plight. Florrie

(Right) The boat house in
which the deserting sailor was
arrested. The marshal waited
until it was surrounded on
three sides by the tide, then
forced his way in

(Below) Unalaska, where the
trial was held. Just to the,
left of the tall, white flagpole
a scaffold was erected, which
snuffed out the life of the
multiple slayer

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complete confession, Both wives prom-
ised to be on hand for questioning if
wanted. Ben S. Bell, Rock Island
County State’s Attorney, issued a state-
ment to the effect that he did not be-
lieve we should hold the Smiddys and
Thornburgs as accessories after the fact,
He said Mrs. Smiddy could not be
prosecuted because it was her son she
had aided, and he held that inasmuch
as Mr. Smiddy was the step-father, he
occupied a similar advantageous posi-
tion in the eyes of the law. As to the
Thornburgs, Mr. Bell said he did not
consider them other than material wit-
nesses because they had made unre-
futed statements to the effect that they
did not know Ritchey was involved in
a crime when they assisted him.

ALTHOUGH it was now apparent that
we had our case complete, there
were to come further developments of a
shocking nature. Both Ritchey and
Ross were taken to the city police court
to be arraigned before Magistrate
ohn T. Bauer for preliminary hear-
ing. Both waived such hearing, thereby
subjecting themselves to be bound over
to the grand jury.

Chief Deputy Gregg left the magis-
trate’s office first, with Ritchey in cus-
tody, while I remained behind to ex-
plain to Ross the exact meaning of a
peceennacy hearing. At the jail

eputy Gregg followed the usual cus-
tom of delivering his prisoner to the
jailer, Emil Bonte, and then himself
occupying the jail office while the pris-
oner was escorted to a cell. Jailer Bonte
started up the long winding stairs with
marry §

As Ross was taken into the jail, the
acting jailer, Mr. Gregg, took charge of
him, while the officer who had brought
Ross to the jail assumed charge of the
jail office, a matter of jail routine. I
followed Mr. Gregg and Ross toward
the jail stairway. As Gregg and Ross
turned the corridor corner and faced
the stairway, a startling sight met their
eyes.

Down through the space in the cen-
ter of the stairway came a human form,
hurtling toward the concrete floor in
the basement of the jail.

Ross put his hands to his eyes, shout-
ing as he stumbled backward, “It’s
Ritchey.” Deputy Gregg pulled Ross
after him as he raced down the base-

reminded me of the precise and regular
firing of our drills. None of us spoke
for a little time; finally Con Sullivan
said, ‘We must get out of this or we
will all be killed.’ With that we started
to run for the cliff which at the closest
soint was about 200 feet distant. We
Cac gone only fifty or sixty feet when
Con threw up his hands and cried, ‘Oh
Lord, Oh Lord.’

“Where were you in relation to Sulli-
van when he was shot?” broke in the
deputy marshal.

“T was behind him and as the shots

came from my rear he must have been

ment stairway. Jailer Bonte was close
behind them.

“It couldn’t be helped,” Bonte ex-
claimed excitedly as he looked at the
apparently lifeless form of Ritchey.
‘We had almost reached the third floor.
Suddenly Ritchey acted like he was
sick, grabbed hold of the steel railing
and in another instant had hurtled him-
self over it. I clutched at his pants but
they ripped and down he spun.”

Bonte opened his clenched fist to ex-
hibit cloth, torn from the rear of
Ritchey’s trousers.

Dr. Joseph DeSilva of Rock Island
arrived in a moment in response to
an emergency call. He ordered Ritchey
removed to the jail hospital ward and
pronounced him not dead. The fall had
reopened the three bullet wounds Goos-
sens had inflicted in Ritchey’s body,
one in the hand, the most serious in the
shoulder and the third in his back.
Ritchey had twirled around in his drop
from near the third floor to the base-
ment, causing him to land on his shoul-
ders and back instead of his head, a cir-
cumstance which probably saved_ his
life. Presh injuries which he incurred
in the fall included a fracture at’ the
base of his skull, internal injuries, a
fracture of a rib and numerous con-
tusions from head to foot.

“Em 28 and Ul never live to be any
older,” Ritchey moaned as he regained
consciousness. But his prediction was
empty.

RICHEY recovered, On September

29th, 1931, cight weeks after the
murder of Goossens, | arraigned him be-
fore the bar of justice in Rock Island
county circuit court. He entered a plea
of guilty to an indictment. charging
murder. The late Judge Charles J.
Searle sentenced him to spend the “rest
of your natural life,” in’ the Hlinois
state penitentiary at Joliet,

And only a few weeks later Ross,
who had changed his mind about plead-
ing guilty, had attempted to repudiate
his confession and had stood trial under
an indictment charging burglary and
larceny, sat across the trial court table
from me as a jury of twelve men arose
in its box and pronounced him “guilty.”

Ross, father of three children, was
sentenced to a term of one year to life
in the state penitentiary.

The state was satisfied.

The Scarlet Secret of the Aleutian Islands

(Continued from page 37)

hit in the back. | ran on, and as [
reached the top of the bluff a bullet
tore through my boot and cloth-
ing. I thought I had been hit but feel-
ing no pain and seeing no blood | real-
ized that I had escaped unhurt. After
I reached the top I hid behind a rock:
looking down I could see Rooney on the
beach. He was walking around holding
his hand on his hip; I beckoned to him
to come up to me.

“It’s no use,’ he called back. ‘He
will follow and kill us both—you better
run. That fiend is over there now
searching Con’s pockets. He'll be after

December,

me in a
“T wen
moment
After av
on the be
was dead
eyes as |
less. Thi
hang arot
the fiend
tried to r
I had on |
stockingec
directions
thought w
because |
Lizzie Co.
some whit
no hat or
and | got
on top of

“rp wo ¢

desert
left by so
mixed sor
water; |
to make ;

7 and laid «

I was awa
someone v
Jumped uy
I could no
said outsic
pretended
Finally |
the roof;
the sod co\
‘How do.’
they left;
I thought
they had |
poor Roor
try and le
happened
myself, so
out of m
rough, shor
on an old
Where | th
found.
“Next m
started in v
tion of Fal
ship which
I tried to s
get off ms
natives wa
so I ran ay
lost, and tl
cf East; |
on my left
I was afrai
beach so |
“Why. 1
country.”
you had mn
“T can't
swered Jacl
ent doubt
“That's the
I came out
wards leart
had crossed
southern s!
Unimak Pa
and there
knows the
believes |
knows [Tw
opinion th.

DALE

NAME. FATHER - SPOUSE : DAY ; NUMBER

Trim Meas h
FRED HARDY tT, * 79 No Record
White Ge 19.0 ne
Cause: Legal Execution by hanging
The fileskan
HOMER BIRD "the Sitka No Record

White z : 3,
Cause: Legal Execution by hanging} 3.7.0

eh ww 42%
nhs Pee

Sor
(ay Sea

Buried at Sitka

~MAILO P, SEGURA Single Fairbanks

White Parents: --- Res.: <=

Occupation: Laborer Birthplace; Buried at Fairbanks

Cause: Executed according to law Montenegro
(hanging)

HAMILTON Fairbanks No Record

Indian e:. Bite,

Cause: Legal Execution by hanging i 7-

CONSTANTINE BEAVER ¢ Wife: Bertha Fairbanks : | 29-0702

Indian Pa K wibokwem fore Res,.: =

Occupation: Hunter whiifod Utlhyt Buried at Fairbanks

Cause: By hanging upon Warrant :
for Execution

NELSON CHARLES Wife: Rosie < 39-1119
Indian : ee
are Occupation: Laborer & Fishing at Juneau
woe: Cause: Legal Execution - Hanging

a we eeneaiee autnais ote aes. FR Pree Scares :
AUSTIN ARCHIBALD NELSON Single 48 18-0201
Negro : Parents: Same
Occupation: Seaman at Juneau
Cause: Legal Execution by hanging}

EUGENE LaMOORE orAUSTIN ROLLIN or | Wife: Elizabeth) Juneau é } 50-0181

GENE RAWLINS Res.: Same
Negroid Buried at Juneau
Occupation: Auto Mechanic
Cause: Legal Execution by hanging

FATHER -

SPOUSE PLACE MO, DAY UMt

= ; us og ae Vf, Mevieet
PRED HARDY whit, Fay} ass Nome M 9 |: 191 ug ---| No Ree

White g iq ae
Cause: E | e
Tie Aleckanr ae:

Ree a ae ee Pe ag ek ee

Leyal Exocution by hanging

HOMER BIRD No Record

White : Lk bia
‘ . ¥ s : S, 7.0 2

Cause: Legal Execution by hang ing Buried at Sitka

s ot ee teas 2 pa Pe te
~MAILO P, SEGURA Single: at the Fairbanks 3° | ee Ries caee Oe ce Be ak - 21.) 36°]; 21-0221."
‘White Parents!// eee Res, osa= in RE ae ae Betas eget a ene ee oe Sak eaten ie

Occupation; Laborer
Cause: Executed sccordsng. to law
LneneAre Jape

Birthplace: Buriod ‘at Fairbanks”) Be eee ge ae eg te
. Montenegro” Pa ects eee Bae aia Boer ' et

vee a
epee

ae asi
tau ar
ety

HAMILTON tee eee Fairbanks ;:

ndtad 02 a 9 ns
Cause: Legal Execution by ‘hanging

Bertha. Fairbanks ©

eons BEAVER Aes | Wife;

- Indian ee ae nabeljuis ei Res}.3 eens eye eds
Occupation: Hunter =. ’ thle feo Usha Buried at. Fairbanks
Cause: By hanging upon* ‘Warrant sf fae iad oe is eae ey.
for Execution | ee eg
. | ie CHARLES Speen, [Juneau -o oy) |
4 Indian = pe ANG an RES,; 00 see

Occupation; Laborer & Fishing:

Buried
Catise:: eh ees

AA eee te:

Lr cians NELSON » tore Single ae Juneau Gi =. lL} 48 2g | 18-0201 .
2 . Negr . oie cet Parents; ue Res,: . Same ‘ : os ee

~ Occupation: - Seaman aoe Buried at Juneau. te :
“Cause; Legal Execution suk ‘hanging re as 4: te Pit 7
Ve EUGENE LaMOORE orAUSTIN “ROLLIN or Wife; Elizabeth Juneau Mesa LE la tsoet 4g -$0-0184.. ar:
% ENE.RAWLINS re ee. Meee "S| Res.: Same ss ere tae fio i
{ _Negroid Dis sei eee i -Buried at Juneau. ° a
Occupation: Auto Mechanic. — ior a re
Cause: Legal Execution by hanging ie
: : es VA Got ay
; lees fom 0b RAPALA C4 4 ioe
| : i 7 ae Weta f I HM yey “liv we a

Legal Execution - poe

312: East Mission Avenue
Spokane, Washington
99202

August 10, 1965

The Curator

Alaska State Museum and Histor.
P.O, Box 2501
Juneau, *Laska

Dear Sir

Ian a-student at the iniversity of Washington. I have been working with Prefessor
Necley K, Teeters, of Hartwick College, Oneonta, New York, in compiling a list of all
persons legally executed in the United States. By research in the files of the Alaska
Daily impire, at the Miversity of Washington library, I have found that 9 nersons
have been legally hanged in Alaska, They are as follows:

SPAMS RACE . JUDICIAL DIVISION SECUT SD PLACS 2
Vered Hardy White Second September 19, 1902 Wane “&
Homer Bird Write First March 6, 1903 Sitka VRey
Mallo Segura Indian white Fourth April 15, 1921 Fairbanks +9 22,
\ Hamilton Indian October 7, 1921 Fairbanks 7/*£_-
Constantine Beaver ‘Indian Four Sentembeor_7, 1929 Fairbanks 3770
Nelson Charles Indian Yiovenber 10, 1939 Junemu # 4177
Austin #. Nelson Negro March 1, 1986 Juneau # c2e!
Eugene Lamoore Negro April lu, 1950 Juneau #2 ely “{

I have listed 8 men because I have absolutely no information on the 9th man, except
that he was hanged in the Third Judicial vision, at Voldez, Alaska. The Alaska
Daily "rire for November 10, 1939, on the hanring of Nelson Charles, gives a state-
ment by .r. Charles ©, 2unnell, President o2 the University of Alaska, in which Dr.
Bunnell mentioned that there had been 6 hangings in Alaska before that of Charles,

anu that one of these hangings took place in Valdez. Also, the Alaska Daily Enpire
for April 15, 1921, on the hanging of Mallo Segura, stated that Segura was the third
man hanged in the Territory, and mentioned the tvo earlier hangings of Hardy and Bird.
The article on Charles! execution mentioned that the last hanging before that of Clrles
had been that of Constantine Beaver, in Fairbanks, in 1929, I can narrow down the ver-
Sod of time in which this execution at Valdez occurred to between the years of 1921 and

I cammmicated with Mrs, Vokacek., the Clerk of the Suverior Sourt at Anchorage, last De-
cenber, and she snforned me that her staff can find no mention of a deatna sentence which
was executed during that neriod of time.

I would certainly arpreciate any help that you could give me in finding out the name and
the date of the execution of this man at Valdez. Flease feel free to make use of the

information on the other executions in Alaska that I have stated, if you think it wuld
be helpful to your work. Ye

Sincerely yours, , ab

43
§

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Chub) é “ps

Charles J. Zibulka Or -

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JEL. VEG OE ae yess

275

APPENDIX NNN

- From the author's personal library of Original correspondence,

Sitka, Alaska, September 15, 1897

The Attorney General

2 Washington, D.C.

i Sir:

I have the honor to request that you ask the Hon. Secretary of
the Navy to order the U.S. Gunboat stationed here to lie at the Port
of Juneau, during the term of the U.S. District Court, commencing
at Juneau November 8, 1897. The reasons for making this request

sia ATC that the jail at Juneau is a very poor building for holding desperate

wre eriminats during trial. - (here will be at least seven murdér trials
at the said term of Court. Two of the defendants were released last
winter from the Juneau Jail, by force, and one deputy marshal was
killed and two others severely wounded before they were recaptured,
A large sum of money has been subscribed by friends of these defend-
ants to be used in their behalf and there is a strong probability that
another attempt will be made to release them by force, should they
be convicted. I am confident I can prevent their release or escape,
but if the Gunboat is stationed at Juneau, the expense will be much
less, and I am of the opinion that no attempt will be made to release
them if the War Ship is there at that time, as recapture would surely
follow. Ido not think it would be good policy to have the said defend-
ants confined on the Gunboat during trial, or do I think it necessary

_that they should be, the presence of such a vessel is all that is re-
quired.

Very respectfully,

/s/ James M. Shoup
U.S. Marshal

2g Tee a

SRE om

/ ie Pom
RS ace ee ses “dy ORES Beek 72 ase ety

cea REA Ml oy eon

ARF BE oH

seth od oe

Alara abt relate: nite pated ase mma era tm weg AR Bt RHE gee

lying about his age and that he had then fought in major battles in France.
The petition was denied.

<h4>Preparation for the Hanging</h4>

<dd>While Charles was, without any legal assistance, attempting to avoid
the scaffold, the U.S. Marshal’s office in Juneau was trying to figure out
how to build a scaffold. Execution by hanging is not as simple a matter as it
might at first appear to be. A "good" hanging is one in which the person
executed dies quickly from a broken neck. To insure this result, a greased
and stretched rope is used. If the rope is too elastic, the victim dropped
from the scaffolding will fall, and then will be bounced upward (as happens,
for example, in the sport of bungee jumping). A rough and abrasive rope will
prevent the noose from sliding quickly downward around the victim’s neck,
possibly resulting in a loose "catch" at the bottom of the fall and a slow

HTTPWEBS. TXT

death by strangulation.

death by strangulation. Strangulation, taking a period of over 10 minutes,
may also be caused if the noose is not properly placed to apply maximum
pressure along the spine, or if the drop between the length of the rope and
the open trapdoor in the scaffolding is inadequate. Too long a drop, however,
may also interfere with the intended result, since the pressure of a long
fall applied to the spinal column may result in decapitation. Avoiding
decapitation requires evaluation of the victim’s weight and strength.

<dd>The U.S. Marshal in Juneau, where the hanging was to occur, was
William Mahoney. Because there had never been an execution in Juneau, Mahoney
had never before had occasion to study the technology of hanging. The Office
of the U.S. Marshal was on the daily beat of George Sundborg, then a young
reporter on a local weekly called <i>The Juneau Independent</i>, and a
stringer for the Associated Press. Sundborg recalls seeing the Marshal and
his deputies pore through the manuals in order to learn their new duty:
Several weeks ahead of the date of the hanging, the Office of the U.S.
Marshal was making preparations there for it. .. . They of course had never
conducted a hanging, and I think they got a few books out of libraries
somewhere, probably from the U.S. Marshal Service, to tell them how a hanging
was to be set up and carried through. And I know that they had done some dry
runs with the trap that they built, and had carefully calculated the weight
of the victim - of the accused, so that he wouldn’t be dropped so far as to
behead him, which sometimes happens in a hanging, I learned at that time.

<dd>Like men on a firing squad, one of whom has a blank cartridge in his
rifle, the Deputy Marshals were insulated from individual responsibility for
the act of executing Nelson Charles. Sundborg explained:

<blockquote><blockquote>And so Walter Hellan, who was in charge of all of
this, had told me that so that the person who actually sprung the trap
would not know that he had done it, they set up several, I think four,
different ropes that would pull a pin that dropped the trap. And three of
them would be false, and one would be the one that actually did it. And so
the four men, all of whom were Deputy Marshals - the one who did it would

not know that it was he who had pulled the one that actually caused this
man’s death.</blockquote></blockquote>

<p>
(On the day after the hanging, Deputy Marshal Walter Hellan complained that

~Sundborg should not have published the names of the four deputies who held

the strings, that revealing even that much responsibility was too much.)

<dd>The scaffold was constructed in a stairwell of the building which
housed both the federal jail (men on the ground floor, women on the second)
and the Marshal’s residence (on the third floor). The building had at one
time been the territorial capitol, and still displayed its initial purpose
with a colonnaded entrance and a small, latinate cupola at its peak. Instead
of building a gallows, the Marshal decided to make use of the architecture of
the building itself. Sundborg described the federal jail and the plan worked

out by Mahoney:

<blockquote> _
<a href="fl3lafig. html" ><IMG SRC="../graphics/fl3lmini. jpg" align=left

alt="[See image.]" ></a>

<blockquote>It was a large building which previously had been tha large build

ing which previously had been the capitol.
And it was a wooden building but very large, and quite attractive. But it
had grown old and it had been supplanted by the federal building, which

HTTPWEBS. TXT

was across the street from it. It had outside stairways, that is, one was

out in the open when going from the second floor to the third floor, and

so on. And [the Marshal’s office] had decided that they would do the

hanging under one of these stairways because there was an open space there

with quite a drop. And so we went in and they had set up a floor in the

place with a trap in the midle of it.</blockquote></blockquote>
Xp?

<dd>The plan was to permit a drop of four and one-half feet below the
level of the trapdoor. Construction of the scaffold was started the day
before the hanging.

<dd>Charles faced his imminent death calmly. According to the local
newspaper, Charles left behind thirteen letters of farewell. One, addressed
to Marshal Mahoney, stated that the Marshal "had treated him kindly and that
he did not hold Mahoney in any way to blame for what was about to happen to
him." Whether or not Charles himself was fully literate is not clear: the
newspaper reports that he had written the numerous letters, but that his last
two letters were dictated by him to Salvation Army Captain Stanley Jackson
"as he waited the last hour." The paper also reported on Charles’ condition
on the night before his death, almost as if to reassure the public about a
hospital patient recovering from some serious illness: "Nelson Charles was
calm throughout the night, jailers said, and ate a hearty breakfast. He slept
about an hour and a half.”

<dd>Federal law required that the execution be witnessed by at least
twelve people. The Marshal had approached this issue with surprising
solemnity. The witnesses selected received printed invitations, which,
according to George Sundborg, looked almost like engraved wedding
invitations, printed on blue paper tickets. The invitations were sought
after. Al Anderson, a writer for the Alaska Daily Press and a stringer for
the United Press Service, received an invitation from Mahoney. More than

2' OCTOBER TERM, 1901.
Opinion of the Court.

evidence were such as to preclude him from finding a verdict
of guilty with the extremest penalty which the law allows.
Finally, it is insisted that the court erred in permitting the
government to introduce in evidence a statement made by the
defendant to one R. H. Whipple, United States commissioner,
before whom the preliminary examination was had—a state-
ment reduced to writing and signed by the defendant. Sec-
tions 307 to 311 inclusive of chap. 429, (80 Stat. 1319,) are re-
lied upon to sustain this assignment of error. Those sections
provide that on a preliminary examination, after the govern-
ment’s witnesses have been examined, the magistrate must in-
form the defendant that it is his right to make a statement in
relation to the charge against him, that the statement is designed
to enable him, if he sees fit, to answer the charge and explain
the facts alleged against him, that he is at liberty to waive mak-
ing a statement, and that such waiver cannot be used against
him on the trial; they further provide that if he does waive
his right to make a statement a memorandum thereof shall be
made by the magistrate, but the fact of the waiver cannot be
used at the trial; that if he chooses to make a statement the
magistrate must take it in writing, propounding only certain
specified questions ; that his answer to cach of the questions
must be read as taken down, and he given liberty to make any
corrections that he desires, and that such statement, so reduced
to writing, must be authenticated in the following form. It
must set forth that the defendant was informed of his rights in
respect to making or waiving a statement; it need not contain
the questions but must contain the answers, with the correc-
tions or additions made by the defendant, it may be signed by
him, but if he refuses to sign hisreason therefor must be stated,
as he gives it; and the whole must be signed and certified by
the magistrate. The magistrate testified that before the pre-
liminary examination was commenced the defendant voluntarily
and without any suggestion insisted upon making a statement.
Whereupon he, the magistrate, informed him that he was en-
titled to counsel, that he was under no obligations and need
not make any statement, but that if he did it would be used
against him on the trial, and also that if he waited an oppor-

age, SROs seb dap lita e¥t

panne ta

HARDY v. UNITED STATES.. 229
Opinion of the Court.

tunity would be given to him to make a statement at the proper
time ; that notwithstanding this he insisted on making a state-
ment, and it was then reduced to writing by the clerk of the

‘court and signed and sworn to by the defendant; that after

the examination had commenced and the testimony of wit-
nesses for the government had been taken the statutory ques-
tions were put to him, and he was advised that he could then

-make a statement if he desired, but he refused to say anything.

Upon this showing the statement was admitted in evidence.
The magistrate also testified that after the examination was
over and the defendant had been placed in jail the latter sent
word that he wanted to talk with him about the case, and in
an interview stated orally that his former statement was untrue,
and volunteered a different account of the transactions. There
was no contradiction of the testimony as to the circumstances
under which these two statements—one written and the other
oral—were made, except that in reference to the last statement
defendant, when on the witness stand, testified that the magis-
trate “came up to the jail and ordered me to return to his of-
fice for the purpose of securing some information to arrest some
other fellows, or get some points of me of other parties.” From
this testimony it clearly appears that the statements were not
made pending the examination or under the provisions of the
statute, but voluntarily one before and the other after the ex-
amination ; that the provision of the statute as to giving him
notice pending the examination was complied with, and that
at that time he declined to make any statement. So the ques-
tion is whether voluntary statements made by a defendant be-
fore and after a preliminary examination are inadmissible in
evidence because made to the magistrate who in fact conducted
the preliminary examination. We know of no rule of evidence
which excludes such testimony. Of course, statements which
are obtained by coercion or threat or promise will be subject
to objection. Bram v. United States, 168 U.S. 532. But so
far from anything of that kind appearing the defendant was
cautioned that he was under no obligations to make a state-
ment ; that it would be used against him if he made one, and
that there was a proper time for him to make one if he so de-

y F OCTOBER TERM, 1901.

sl
Statement of the Case.
“a
sired. Without even a suggestion, he insisted on making, prior
to the examination, a statement. which was reduced to writing
and by him signed and sworn to, and after the examination was
over and he had been placed in jail, he had an interview with

_ the magistrate and volunteered a further statement. A ffirma-

tively and fully it appears that all that he said in the matter
was said voluntarily, without any inducement or influence of
any kind being brought to bear upon him. Indeed, it is not
claimed by counsel that there was any improper influence, his
contention being only that the provisions of the statute with
respect to a statement pending an examination were not com-
plied with in respect to these statements. The statements were

properly admitted in evidence. These are the only matters -

called to our attention. No errors appear in them, nor do we
perceive any plain error otherwise in the record. The proof
of defendant’s guilt is clear and satisfactory, and the judgment
is ;

! A firmed.

JENKINS wv. NEFF.

ERROR TO THE SUPREME COURT OF THE STATE OF NEW YORK,

No. 198. Argued March 20, 1902,—Decided June 2, 1902.

Section 55 of the Laws of 1893, ch. 196, simply places trust companies on
an equality with banks, whether corporate or individual, in respect to
the matter of interest, and does not give to trust companies power to
loan, discount or purchase paper.

It is well settled that the findings of fact in a state court, are conclusive
on this court in a writ of error.

In the record in this case there is no evidence of such a discrimination,

Tus case is before us on a writ of error to the Supreme
Court of the State of New York, and is brought to review a
final order of that court affirming an assessment of the shares
of stock in the First National Bank of Brooklyn. Under the
practice prevailing in that State a writ of certiorari was issued

a JENKINS v. NEFF. 231
Opinion of the Court.

out of the Supreme Court on August 13, 1897, on the petition
of the stockholders of the First National Bank of the city of
Brooklyn, now plaintiffs in error, directed to the board.of as-
sessors of the city of Brooklyn, requiring them to return all
their proceedings relative to the assessment of the shares of
stock of said bank. A return having been made the assess-

ment was on October 6, 1899, confirmed, with some modifica-

tions not material to the present controversy. This order was
affirmed by the Appellate Division of that court on January 9,
1900. 47 N. Y. App. Div. Sup. Ct. Rep. 394. On appeal to
the Court of Appeals the order was by that court also affirmed,
163 N. Y. 320, and the record remitted to the Supreme Court.

Mr. Seymour D. Thompson and Mr. Frank Harvey Field
for plaintiffs in error.

Mr. James McKenna for defendants in error.
Mr. Justice Brewer delivered the opinion of the court.

The right of the State to tax these shares of stock is not denied,
but the contention of plaintiffs in error rests on the applicability

-of that part of section 5219, Revised Statutes, which reads

“that the taxation‘shall not be at a greater rate than is as-
sessed upon other moneyed capital in the hands of individual
citizens of such State.” The purpose of this legislation was
thus stated in Afercantile Bank v. New York, 121 U.S. 188,
155:

“A tax upon the money of individuals, invested in the form
of skares of stock in national banks, would diminish their value
as an investment and drive the capital so invested from this
employment, if at the same time similar investments and sim-
ilar employments under the authority of state laws were ex-
empt from an equal burden. _ The main purpose, therefore, of
Congress in fixing limits to state taxation on investments in
the shares of national banks, was to render it impossible for
the State, in levying such a tax, to create and foster an un-
equal and unfriendly competition by favoring institutions or

HanbDy 9

>, hanged, Nome, alaska, 9-19-1902,

For Dead M

Gold on

nimak

By Hobart Stanley

Special Investigator for
OFFICIAL DETECTIVE STORIES

Gawd’s truth. All you gotta do
is grub it out.”

The aged prospector’s fever-haunted
eyes stared straight at the man at his
bedside. It was warm in the hospital-
room. He licked his dry lips before he
spoke again.

“You got everything writ down on
that there paper. Unimak Island’s the
place. The drawin’ tells you where to
dig.” The old fellow paused, moved
slightly in the bed. His voice was a
hoarse croak. “I ain’t got long to live.
But you been good to me and that’s
why I’m a-tellin’ you this.”

George Smith nodded as the dying
prospector finished speaking.

“Promise you’ll go after it, George.
Promise me,” the old man’s plea was a
whisper.

“Sure, I’ll go after it.”

Only a short time after this the
prospector died.

Smith left St. Bernard’s Hospital,
walked down the streets of Nome,
Alaska. The year was 1900, Eager men
still mushed the trail to the Klondike
gold fields, opened two years before.
And in every saloon and store was a
bewhiskered old prospector with a tale
of a fabulously rich strike he had
made.

Most of them were just tall tales,
Smith knew, told to get a grub-stake.
But a few were true. Smith fingered
the map tucked in his pocket. Maybe

mT Gs gold is there. That’s the

it was the lead to a fortune. Perhaps -

the old fellow had made a strike.

Rain, cold as drops of ice, pelted
Seattle’s streets. The few pedestrians
scurried along the soggy wooden side-
walks, waded ankle-deep in mud at

the cross-streets. Down the length of
Yessler Way to the waterfront. Dogs
of a hundred breeds, destined to battle
Alaskan snows at the free end of a
leather sled-trace, howled dismally
into the gray and storm-swept skies.

But in Considine’s Bar it was warm
and exciting. The air was heavy with
tobacco haze, and a motley crowd
stood belly-up to the bar. A brawny,
red-shirted miner with a poke of gold-
dust, yelled, “Drinks fer the house,
Mister Barman, an’ name yer pizen,
gents.”

Indifferent to the racket at the bar,
four grave men sat around a table in a
curtained alcove, half-empty glasses

before them. Their heads were bent .

over a roughly drawn map.

“It’s easy as easy, gents,” said Owen
Jackson, one of the four. “We charter
a schooner to Unimak and load her
with grub and tools. The skipper puts
us ashore about twenty knots east of
the northern end of Unimak Pass, just
here where it says Cape Lippen, see?”

His stubby forefinger went down on
the dirty map of the island of gold.
“We dig here,” he said, ‘where it’s
marked with an X.”

Connie Sullivan, well-to-do busi-
nessman, formerly of Missoula, Mon-
tana, glanced at his brother Florrie,
and asked, “How do we know this isn’t
a fake story?”

Thoughts -of riches, not death,
filled the minds-of these men when
they made camp on Unimak Is-
land. Left to right, Owen Jackson,
sole survivor of the party, Con-
nie Sullivan and Peter Rooney

oD11

Weanar, Alasks, December 20.—There te in

no civilized country under the sun (eave our

own) but that provides rotection
otherwise for ite sabjeois: even in 7 bebe:
parts of its dominions, The Territory of Alasks
ig a vast domain, containing millions upon mil. |
lions of acres and thousands of inhabitante, The
only territory in our great Union withont law
and the only one, not alone self-sustaining, bat
actually producing revenue to the General
Government, There hag been ‘unbounded en-
couragement for orime in everp ahapo, owing to

the absence of any law whatever, and that mur.

_ der, arson. ;
es 60D, rapine and robbery have not run wild

who had become incensed at the threats made
by Boyd, soccsted him inthe saloon,
“A quarrel ensued. When they separated Boyd
left the saloon, and, returning in a few minutes,
dsréd any one around ‘to lay ® hand on bim
‘how.” O’Brien, being present and intoxicated,
| approsched Boyd, and ia . the -moet friendly
| manner took hold of bis coat, saying: ‘You
would not hart a friend. of mine?” Whereupon,
and before another word was attered, Boyd
| drew a pistol and shot him throag® the heart, -
| He then attempted to fire again, but woveral
rushed up, knocked him down, dis
bound him, Boyd exblaiming, ‘I've se
the —— —__- —— — —— to hell!”
Lynch law was then the ory; but the counsels
of the less excited prevailed, a committee was
chosen, and it was then decided to grant Boyd &
fair and just trial onthe following day. Three

jadges (consigting of the most respected citi-|

zens) were appointed, and attorneys selected on
both sides; after much challenging a jury of
twelve men was empanneled; many’ ‘witnesses:
were examined, eliciting no testimony favorable
to.the prisoner, but everything conclusive of a
‘diabolical, unjustifiable murder. He was found
guilty and the dread sentence, ** Death by hang-
ing,” was pronounced. The morning of the 16th

was tho day set for the execution. The sceffold
(erected direotly in front of the scene of the
murder) was roughly made, but strong and very
‘practical, having a spring trap and a fall of four
feet. The morning of the execution was a bright
and beantifal day. Boyd was looked upon as
being dangerous, having been engaged in several
disgracefal broileat Wrangeland ==

devastated the whole country and community |

BOYD, John, hanged Fort
Wrangle, Alaska, on

vo) IN THE MOIEB.

Nothiog is known of hie birthplace or relatives;
he spoke of neither, Very little is known cf bis
past history, save thatin Idaho he bore a bad
name and was quarrélsome. Ia his confession
on the scrffold he expreseed sorrow for the deed,
saying he“ had no animosity to O’Brien and did
not intend to kill him; that-the sentence was
deserved and just.” — newest

A short while before the appointed hour. Boyd |
asked for liquor atid wafer, wLich were. given |
him, and after smoking « cigar said, “I am
ready.” He followed the guard with a firm atep,
and at half-past nine aecended the scaffold. He
was perfectly resigned and coo), and being asked.
if ho had anything to say, merely esid ‘the was
sorry, and that he had not. intended killing
O'Brien.” The noose was then adjusted,the
black cap drawn over his eyes, and at a eignal
from the captain of the guard, John Boyd was
lannoched into the dread etervity, paying the just

penalty of bis merciless deed by :
j “SA LIFE FOR A Lire.” 2
He died without a struggle, without a twitch of

a musclo, the fall instantly breaking his neck.
The body hung for an hour, and was then buried
outside the limit of the Christian burial ground.
The committee have notified several that their
safety of life depends entirely upon their fasure
good condcct, and warned them to refrain from
engaging in or instigating any more feuds or
quarrels, I‘ is to be hoped it will bave the de-
sired ¢ffect and prevent any further trouble ; and
if the lawmakers of out country, instead of ex-
pending all their time in schemes forre-election,
would devote a little of it in devising means to
befriend their fellow-countrymen in the far off,

| upprotected, abandoned regions of Alaska, t!.ey
| would do some good for their country and gain
| much credit for themselves. — i us

of all. Remember that newspaper we
found?” ;

White snapped his fingers. “Dang
it!” he shouted. “Of course. The news-
paper. We was in an old cabin ’way
‘round the shore from the cape, an’
there was this paper. Swell readin’,
too, an’ pretty recent. Must have bin
left there by one o’ them poor lads
what was shot.”

Richards spoke quietly.

“What paper was it? Do either of
you remember its date?”

Both prospectors answered together.

“Sure. It was a San Francisco pa-
per and the date was May 17, 1901.”

The Marshal sat up suddenly.

“You positive about that date?”

“Mister,” grinned White, “we read
that paper from top to bottom an’ from
front to back—headlines, date, sassiety
news, want ads—everythin’, There’s
no mistake about that date. It was
May 17.”

“Thanks, men.” The Marshal dis-
missed them. “Better stick around
close, I may need you again.”

From his desk he took up his copy
of Captain McDonald’s log-book.
“Landed passengers on the beach at
Cape Lippen May 12,” he read. That
was five days before that San, Fran-
cisco newspaper had been printed.

Who, then, had left it in the old
cabin? The newspaper made it evident
that there had been other white men
on the island, but who were they? And
why hadn’t White and Titley seen
them?

Up and down the Alaskan coast, in
bustling cities, inland at busy mining
camps or on lone creeks where red-
shirted miners panned for gold, sped
the story of the killings on Unimak
Island.

And away to the south a clergyman
walked into the deputy marshal’s office
in Juneau.

“T was on Unimak in June,” he said
quietly.

Briefly Reverend Scott told his story.
During a vacation that month he and a
friend had gone to Unimak on an ex-
ploring trip. They saw nothing ‘of the
Sullivan party, but one day on the up-
land plateau above Cape Lippen they
had encountered, quite unexpectedly,
two white men carrying rifles and
well-loaded packs. One of these men,
the clergyman declared, had a heavy,
black beard.

Ws this the mysterious, bearded
watcher of the cliffs?

Ordinarily when men meet unex-
pectedly on some lonely trail there is
a swapping of names and experiences
and tobacco; news is given and re-
ceived. Each man enjoys the contact
of the other. But these two men, the
clergyman said, were different. They
were surly, uncommunicative. Neither
had given his name and the strangers
had left them almost without a pause.

Given descriptions of Jack White
and Bill Titley, Scott said that these
were not the two sullen strangers he
had encountered. And neither White
nor Titley, both of whom appeared to
have told a truthful story, had men-
tioned meeting Scott or any other
white man. In fact, both had defi-
nitely insisted they had met no other
white man on the island during their
stay. 2

“Did you leave a San Francisco
newspaper in a shack on the beach
beyond Cape Lippen?” Marshal Rich-
ards asked.

Reverend Scott shook his head. “We
weren’t on the beach anywhere near
Lippen,” he declared positively. “Nei-
ther of us took any newspaper to the
island with us.”

There had been still other white men
on the _ so-called desolate Unimak
Island, then, beyond a doubt. Not Tit-
ley and White; not Reverend Scott and
his friend. But two other white men.

Just how many white men had been
on the island at the time of the mur-
ders?

Out across Bering Sea cruised the
patrol boats, boarding every fishing
vessel in sight, but looking for one in
particular—the Argo.

Finally that ship was located.

Sure, the master of the Argo said.

oDl1

ta ge

He remembered the Lizzie Colby com-
ing into Unimak Pass to rewater. Four
passengers, she had. They’d come
aboard with Skipper McDonald,
chinned for a while and had a drink
or two. The crews had fraternized,
too, the way they usually do. under
such circumstances. The Argo left the
next day. She was back in the pass
on June 1,.and had anchored that night
because of fog, leaving again the fol-
lowing morning. Weather was still so
thick they couldn’t see the shore.

“Anybody go ashore that night?”

The Argo’s master smote the table
with a brawny fist.

“Two of ’em up an’ took French
leave,” he growled. “Must have swum
ashore, ’cause we didn’t miss no boat.
They was still missing when we sailed
next day.”

So here were two other white men
on Unimak Island that fatal June.

The names of these two were given
as Fred Hardy and George Williams.
Careful descriptions were taken of
both. The Argo’s last port of call prior
to the desertions had been Unalaska.
If these two had intended to leave ship,
why not at Unalaska? Why had they
preferred, instead, to take their luck
on lonely Unimak Island?

“You get any newspapers at Una-
laska?” Deputy Marshal Griggs asked.
The skipper pointed to a pile of them
on a locker. Dates on these papers
were May 15, 16, 17 and 18. Had the
two deserters left that San Francisco
newspaper in the old shack beyond
Cape Lippen? And were these the two
surly men whom Reverend Scott had
met tramping through the interior of
the island—the men who wouldn’t talk
and who gave no names?

Where were they now? Probably
far away from the murder island by
this time. The skipper of the Argo had
no idea, of course, but he remembered
that there’d probably been another
boat somewhere off Unimak about that
time, as it left Unalaska ahead of them.
Maybe, suggested the Argo captain, the
skipper of this vessel, John Hansen,
might know something, if they could
find him.

Hansen was located after some time.

“Them two fellers off the Argo?” he
said. “Sure, I saw ’em. We were
ashore on the island when they ap-
peared. ‘We’ve quit ship,’ one of them
—a heavy-set, dark chap—said, ‘be-
cause we heard about a good gold
claim up Cape Lippen way that we
want to find.’

“They wanted to rent one of my
dories to row down the coast and see
could they locate this spot. They’d be
back in a few days, they said. The big
feller, Hardy his name was, didn’t have
a dime, so t’other one, Williams, paid
for the boat.

“Hardy come back with the boat.
‘My pal’s staying,’ he said, ‘but I got
to go over to Dora Harbor to see can I
get hold of some supplies. There’s
some guys starting a cannery up there.
They’ll be sure to have stuff to spare.
So I’ll want to take the dory again,
if it’s O. K. by you.’

“Well, I didn’t have any supplies I
could sell ’em, They’d asked me that
when first they took the dory and I’d
sold ’em what little I could spare. So
I said all right, he could take the dory
again if he had money to pay for it.

“He pulls out a roll of bills. ‘This
is Williams’ dough,’ he says, grinning.
Well, he never come back before we
left again, so I guess I gotta go back
after my dory one of these days.”

Marshal Richards left at once for
Dora Harbor as soon as this informa-
tion reached him. The man described
as Hardy was still there, spending his
time drinking and gambling with any
of the cannery men who happened to
be off duty. Several weeks’ growth of
black beard covered his chin.

UICKLY Richards placed Hardy
under arrest. The squat, dark-
visaged sailor stormed and cursed his
denials of any knowledge of the mur-
ders at Cape Lippen.
“What are you doing here?” de-
manded the Marshal.
“Waitin’ fer a ship south to Seattle,”
snarled Hardy.

“Taking Hansen’s dory with you?”

“I bought the dory offen him,” he
growled. “It’s mine.”

“Hansen said you hired it.”

“He’s a liar.”

“How about those supplies that you
were supposed to take back to your
pal Williams?” pressed the Marshal.

“Another lie.”

“Where is Williams then?”

Beg time the sailor glowered sullen-
ly but offered no reply. Richards
searched him. In one pocket he found
a large roll of bills.

“Where’d you get it?” he demanded.

“Saved it.” :

“You’re lying, Hardy. You hadn’t a
dime the first time you hired Hansen’s
dory. The second time you had plenty
of money. Whose money was that?
George Williams’? Or,did you take it
from the bodies of the Sullivan boys?”

“Find out for yourself,” cursed the
sailor,

But the Marshal wasn’t through yet.
A search of the cabin occupied by the
sailor revealed a cache of personal be-
longings hidden under’ some _ loose
boards, and carefully wrapped in can-
vas.

Richards plunged in his hand and
took out a fine gold watch. He snapped
open the case. Then slowly he read
aloud the inscription inside:

“From Con to Florrie.”

Hardy had not been permitted to
shave while awaiting trial. He was
identified as the bearded stranger seen
by Captain McDonald. Reverend Scott
said that Hardy was one of the two
sullen men he encountered on the up-
lands above Cape Lippen.

The man who shot down Florrie Sul-
livan on the caribou trail above the
bluff had no beard, Owen Jackson said,
only an unshaven stubble. But his
thick, squat build, which at first caused
Jackson to mistake him for a native,
resembled that of the accused man.

Hardy, Marshal Richards learned,

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Read It First in

OFFICIAL DETECTIVE STORIES

Today Sure. /

| Talked with God"

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and, as a result of that little talk with God some ten
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“She had two shotgun wounds in
her body. One almost took off her
leg. The other under the left arm was

‘big as a man’s fist. You were the only

ones who had a shotgun in the battle
at Oilton.”

Liat Sees cop who lay in the road at
Oilton after Hall had shot him and
filled our car full of holes did | aig
Lovelace said. “One bullet went
through the side of the car, mush-
roomed and hit her in the leg. An-
other creased Hall’s back when he
bent forward and hit her in the side.”

“Why didn’t you take her with you?
Why throw her into the road?”

“She was dead. She_ interfered
with our driving.”

“Dickinson—where is he?”

“He left us after we stuck up the
hamburger place at Yale.”

That was all. Dickinson had _ es-
caped, temporarily at least. He'll be
picked up one of these days and face
charges of “robbery with firearms” for
which the maximum penalty.in Okla-
homa is death in the electric chair.
He has a date with Nebraska officials,
too. :

Hall surprised everyone, most of
all the doctors at Stillwater when he
rallied from his wounds and began to
gain strength. On August 13, four

day after his capture, he was taken
to Sapulpa in an ambulance and placed
in the county jail.

On August 14, five days after they
had appeared in Oilton, the two ban-
dits were taken into district court. Hall
was wheeled in on a stretcher, Love-
lace, shackled and handcuffed, shuf-
fled in between two deputy sheriffs.

County Attorney Everett S. Collins
read the charge against them—“rob-
bery with firearms.”

Both mumbled “Guilty,”

At 3:15 District Judge C. .O. Beaver
sentenced them to spend the rest of
their lives in Oklahoma’ State Peni-
tentiary. An hour later a black am-

bulance backed up to the Sapulpa
County Jail and a few minutes later
Hall was on his way back to prison.

Like Hall, I surprised the doctors.
I was going to live.

A WOMAN is dead—killed by bullets
from my gun.

I'll always regret that. If I had
fired first and asked questions later,
she would be alive. I could have
picked off Hall and Lovelace as easy
as I do ducks and quail.

But I’m thankful to be alive.

Another picture with this story is
on Page 48.

For Dead Men's Gold on Unimak (Continued from Page 18) OFFICIAT DeTECHIVE STORIES

dog. Back to the boat. It’s our only
chance.’

“Con was sobbing with rage and an-
guish, and I thought for a second or
two he’d keep on going. Then all at
once he seemed to realize that running
for it was the only way if he wanted
to live. And I guess he didn’t want to
die till somebody paid for killing poor
Florrie. So we turned and raced down
the cliff toward the boat, yelling to
Rooney to launch it.

“But the boat was high and dry. It
would need all three of us to get it
into the water. We were just starting
the job when a bullet whipped over the
bluff. Rooney staggered and crashed
on the beach. ‘My knee,’ he groaned.
The bullets came thick and fast then.
To try launching the boat was certain
death. We flopped down behind it but
bagi wasn’t cover enough for all three
of us.

“Then Con yelled: ‘We’re dead men
if we stay here much longer. Let’s
make a run for it—back under the
bluff where he can’t get at us.’ I
nodded and passed the word on to
Rooney. ‘I’ll try,’ Rooney whimpered,
‘put I don’t think I can make it.’

“Another bullet screamed past.
‘Now!’ yelled Con. He jumped to his
feet and started across the beach to-
ward the bluff two hundred yards
away, with me racing after him. Two
or three shots came off to my left rear
where there was some cover—”

“Your rear?” echoed Whipple.

“Yes, Sir. That’s how I knew there
must have been two of them. One on
the bluff and the other down on the
fore-shore somewhere. I heard Con
scream as I streaked for the foot of the
bluff. Another bullet hit my foot and
whirled me clear around but there
wasn’t any pain.

“T kept on going up the bluff until
1 found cover back of a jutting rock
where I was safe for the moment from
gunfire either from above or below.
Rooney was still hobbling across the
beach, holding his hip. ‘Pete!’ I yelled.
‘Up here. Try to make it

“I saw him shake his head. Two
more shots sounded and Pete went
down, scrabbling in the sand. All three
gone now. I was the sole survivor.
And my own life wasn’t worth a dime,
I knew, unless I could get away from
there somehow, and mighty fast, too.

“I knew I had to run for it and if
these fellows were Aleuts, they’d be
able to overtake me in no time in my
heavy rubber boots. I took them off.
That bullet had gone through the left
boot but had missed my foot for-
tunately. I thrust the boots down in a
cleft of the rocks and kicked some
loose stuff over them. Then, in my
sone feet, without coat or hat, I

ed.

“Captain McDonald had once re-
marked that sometimes there were
boats fishing in False Pass, so I set my
course in what I thought was that di-
rection. If 1 was lucky maybe I’d
sight a boat and be able to attract the
attention of some of the crew. If not
—well, I knew it would be all up with

me.

“That night I thought I’d die of the
cold. But I kept on moving around. I
traveled all the next day and along
toward sundown I came across an old,
tumble-down cabin. It wasn’t much

but at least it was some shelter from
the bitter cold.

“The place was empty, but hang-
ing on a nail on the wall was a rusty
pail with a little flour in it. I had no
matches—they were in my coat I left
behind—so I made a paste of the
flour and a little water and ate the
mixture raw. It staved off my hunger
and I slept.

“Next morning I saw a ship: It was
away off in what I thought was False
Pass, but I knew it was too far out for
me to be seen. If I’d had matches I
could have lit some sort of a signal
fire. I screamed and yelled and waved
my shirt, but of course it was no use.
I gave it up at last and went on again.

“Then the sun cleared the mist from
the interior of the island and I was
able to take my bearings. If I was
heading in the right direction, then
Mt. Shishaldin would be on my right
and Mt. Pogromni on my left. They
were just the opposite. I had been
traveling west instead of east.

“At that moment I saw three figures
moving slowly along the beach. I
dropped behind a rock and watched
them. They looked like Aleuts, though
I couldn’t be sure. And I daren’t take
a chance. They might have been look-
ing for me.

“When the three had passed from
sight, I set my course directly across
the island—”

“Let’s see your feet,” Griggs said.

Jackson complied.

“Came off pretty well, considering
you walked without shoes across all
that mountainous country,” the Deputy
Marshal commented dryly.

“That’s where you are wrong. It’s a
high plateau, almost like a meadow-
land, with lots of wild flowers and
moss. There was ‘game, too, caribou
and bears. I tried stalking the cari-
bou in the hope that I might stun one
with a stone, but they were too smart.
I ate grass, a few unripe berries, roots
—anything I dared tackle to keep me
alive. ‘

“T came out at last on the southern
shore, near the opening of Unimak
Pass. There was a sort of cove there
and an old boat. I crept under it, too
exhausted to go farther. For a few
days I lived on roots and grass and a
few small shell-fish I got from the
rocks down by the water. Then I be-
came so weak and ill I couldn’t get
around any more. After that I don’t
know what happened until Williamson
found me.” ‘

AS the man telling the truth?
Griggs and Commissioner Whipple
eyed each other questioningly. The
story sounded truthful enough but
there were many points about it that
did not tally with the evidence found
by Captain McDonald.
Why, for instance, were the bodies
of the two Sullivan brothers found be-

‘neath the tent, if, as Jackson claimed,

they were slain some distance from
the tent? And if Rooney had been
slain on the fore-shore, why hadn’t
McDonald found the body? If not, why
hadn’t Griggs discovered it in his later
search? ;

“Jackson goes back to Unimak with
us,” Commissioner Whipple declared.
“He’s got a lot of things to show us.
Those boots he says he discarded, for

as Sl the one with the bullet-hole
in it.” .

“Right,” agreed Griggs.

As soon as the two officials were out
of Jackson’s hearing, Griggs asked
many of the questions that had crowd-
ed into his mind as he listened to the
prospector’s story.

“What about the stab wounds Cap-
tain McDonald found in the bodies of
the Sullivan brothers? That sounds
more like Aleuts than white men. But
why would Jackson lie about it?”

“He has a lot of explaining to do,”
Commissioner Whipple said. “Perhaps
he can clear up our questions when we
get him back to the camp site. One
thing I’d like to know about is the
bearded stranger McDonald and his
men saw. Jackson made no mention
of seeing anyone like that.”

Early the next day Whipple and
Griggs again questioned the prospector.
But he stuck to his original story. And
he denied that he was the bearded
stranger McDonald had seen.

On July 18 the cutter Manning once
more dropped anchor in Unimak Pass.
Whipple, Griggs, the ship’s surgeon and
other officers went ashore. The lonely
grave of the Sullivan brothers was lo-
cated, and the bodies exhumed. Jack-
son watched impassively as the dirt
flew.

Both men had been stabbed as Mc-
Donald described; both, too, had been
shot, the surgeon’s autopsy revealed.
A rifle bullet had killed Florrie Sul-
livan; Connie had been shot from be-
hind with a shotgun. Jackson’s story
was corroborated thus far; two men
did the killing; and one of them had
shot from the rear of the fleeing pros-
pectors. He had used the shotgun.

“See if you can locate those rubber
boots of yours,” Griggs instructed
Jackson. The man led them quickly to
the top of the bluff, ranged back and
forth for a few minutes to get his
bearings, walked over to a mass of
wind-battered rocks and pulled out the
boots. Silently he pointed to the bul-
let-hole in the left boot.

“What about Rooney’s body?” Com-
missioner Whipple asked.

“Maybe they hid it the same way
they carried the bodies of Con and
Florrie back to the tent,” Jackson said.

Before the sun went down on that
day’s work the searchers found the re-
mains of the third victim of the ruth-
less slayers. It was hidden among
rocks part way up the cliff, almost
buried in debris. One knee had been
shattered by a bullet. Two other bul-
lets through the body had ended the
unfortunate miner’s life.

Owen Jackson was no longer a
murder suspect.

But who were the killers? The
bearded man and his unseen com-
panion?

Jackson himself still clung to the
belief that the killings were the work
of Aleuts.

“Natives wouldn’t have carried the
bodies of the two Sullivans back to the
tent,” Griggs pointed out. “And they
wouldn’t have left the tent or the boat;
they'd have made a clean sweep of
everything. And that bearded stran-
ger was a white man, too—and he’s
one of the killers or I miss my guess.”

By this time Marshal Frank H. Rich-
ards arrived on the island from Nome

and the investigation was continued
under his direction.

By sea and land the investigation
went forward. Lone fishing craft were
investigated. The fishing boat Argo,
which had been taking on fresh water
when the Lizzie Colby first reached
Unimak Pass, was sought. The au-
thorities felt that some of the crew
of this vessel might have some in-
formation of value.

In the interior a few of the native
Aleuts were rounded up. Most of them
had picked up a little English from
contact with whaler and fishing crews.
Careful questioning indicated that they
knew of no native who had a hand in
the killings.

But the questioning of the natives
turned up valuable information.

Bh sec and his party were not the
only white men on the island!

In halting, broken English the Aleuts
told of seeing two other men on the
island seeking gold. And one of them
had a heavy, black beard!

Who were these two men? How did
it happen that they, too, were hunting
for gold on an island never considered
as a possibility by prospectors? Had
they heard some whisper of the story
which had sent the Sullivans and Pete
Rooney to their deaths? Were these
two the killers? Was one of them the
bearded stranger seen by McDonald?

Back to Nome raced Marshal Rich-
ards. There he found that the schooner
Thomas Bard had taken two _prospec-
tors, Jack White and Bill Titley, to
Unimak Island on a prospecting trip
in the Fall of 1900. This was shortly
after the death of the old prospector in
the St. Bernard Hospital at Nome.

“Why, those two guys are in Nome
right now,” a sailor off a Bering Sea
whaler told Richards. “I seen ’em my-
self only t’other day.”

And in a few hours deputy mar-
shals had rounded up both men. Rich-
ards warned them that they were sus-
pected of murder and that any state-
ments they made might be used against

them.

“That’s all right by us,” White said.
“We ain’t got nuthin’ to hide. We got
wind of that gold claim, but not from
the old man who died. It was from
another fellow. We didn’t know a
thing about any map, or about those
four men going out there, but we did
know about the two Sullivans being
dead.”

“How did you know that?” snapped
Marshal Richards.

“We saw the grave where they were
buried and read the names and date
on the wooden cross.”

For hours Richards questioned the
two. They had spent many months on
the island, landing there before the
Sullivan party, and not leaving until
some time after the murders. They
had seen no other white man.

But for most of that time they had

‘prospected over country_ remote from

the death camp at Cape Lippen, and it
was only by chance that they had
happened on the lonely grave.

Richards pressed them hard for any
possible clew. They could tell him
nothing, until suddenly Bill Titley
spoke up.

“Say, Jack,” he said, “we’ve both
plumb forgot the most important thing

OD1ib

But no man responded. Nor were the
bodies of the two missing prospectors
discovered. Methodically the Skipper
made careful notes of all that had
been found at the camp of death; and
as he worked, a theory of the murders
formed in his mind.

“It’s my idea,” he murmured to his
first mate, “that Jackson and Rooney
did it. Doesn’t look like the work of
Aleuts; they’d have taken the tent and
the boat, too. And those heel-marks
showing where they dragged the bodies
into the tent were made by white
men’s shoes. ie dae

“The Sullivan boys likely had a lot
of money with them. That’d be an in-
ducement. Or maybe they struck gold
and Jackson and Rooney decided they
wanted it all for themselves. But if
they did it, why did they leave the
bodies in the tent when they knew
we'd be back here in a few weeks and
find them? Or was that done deliber-
ately, to convey the idea that the
Aleuts were the killers?”

The following day Captain McDon-
ald ordered his men to dig a grave.
‘Into it the bodies of the brothers were
lowered. The Skipper recited a simple
prayer, and the men filled in the rough
grave, erecting above it a wooden cross
bearing the names of the two mur-
dered men, and the date of their burial.

“Nothing more we can do here,” the
Skipper declared, when all was over,
“We've got to get word back to the
mainland now. It’s a job for the United
States Marshal’s office at Nome.”

er one of the sailors uttered
a yell,

“A man!” he cried. “Up on the bluff
there.”

McDonald’s eyes followed the Sailor’s
Pointing finger. .

The Sullivan brothers’ dream
nothing but this crude cross

. to sea, all sail set for Nome.

of sudden riches ended here with
to mark their final resting-place

A bushy-bearded face peered at them
from the‘ top of the cliff. Wild eyes
glared from a mass of wind-tossed,
black hair, but.no challenge, no’greet-
ing came.from the sinister watcher.

‘ Then before anyone could hail him So
threading
waters until it anchored in Dutch Har-
bor, nearest
though Unalaska itself, on the south-
east side of the island, is the leading
port of call.

And there Deputy Marshal Griggs
got the surprise of his life. In the lit-
tle hospital doctors were:nursing back
to health a man who was almost at
death’s door from exposure and lack
of food. He had been brought in by
Ed Williamson, owner of a small fish-
ing schooner, .

the stranger rose to his feet and ran
swiftly inland, disappearing from view
among the rocky boulders. By the
time McDonald and his men scaled the
steep cliff the mysterious watcher was
nowhere to be seen. : : ,

Who was thtis:““man? Jackson?
Rooney? Or somebody else?

To this question’ the troubled Skip-
per had no answer. A few hours later
the Lizzie Colby was standing far out

United States ‘Marshal Frank H.
Richards lost no time in sending inves-
tigators back to lonely Unimak Island,
as soon as he heard McDonald’s story.
The United States Cutter Manning was
ordered to sea. With her went Deputy
Marshal A. C, Griggs and several
assistants,

Giucss, an investigator of wide ex-

perience, spent several days in the
vicinity of the death camp at Cape
Lippen. He examined the bullet-rid-
dled boat, the camp site. Following a
careful search for Jackson and Rooney,
and also for the bearded stranger seen
by McDonald’s party, Griggs reached
the same conclusion as the Skipper—
that the Sullivan brothers evidently
had been set upon and murdered by
their partners.

“And they didn’t wait until after
they’d tried for gold, either. There
isn’t a sign of any serious prospecting.
The killers probably got across to
Unalaska somehow and shipped out of
Dutch Harbor there, while the news of

the murders was being carried north
to Nome.
either Jackson or Rooney. There isn’t
another white man on the island by
the looks of it,” Griggs declared.

That bearded man was

westward sailed the
its course through

cutter,
island

port to Unimak Island,

“Start from the beginning and let’s
have it all,” Griggs again interrupted.

Jackson’s voice, weak and faltering
at the outset, seemed to gather strength
as he unfolded his almost unbelievable
tale of the horrors of that day on Uni-
mak Island, and his own experiences
afterwards.

He sketched the story down to the
day when, on the beach at Cape Lip-
pen, they waved farewell to Captain
McDonald. °

“We' hunted around for more than
a week trying to find the place on the
map where the gold was supposed to
be,” he said, “but we didn’t have any
luck. Connie Sullivan suggested we
try down by Unimak Pass, «

“So we moved a lot of our heavier
stuff to a new camp there, a boatload

" \None of the crew members of the “Lizzie Colby” shown

here with the ill-fated prospectors

could know that

it was the last time they would see three of them alive

That man was Owen Jackson, one
of the two missing partners of the ill-
fated Sullivan brothers; one of the
two men whom Griggs and Captain
McDonald _ hkelieved
derers!

Jackson’s condition was critical. The
attending physician told Griggs that
the sick man was unable to answer
questions, but after a day’s rest he
would be in shape to talk,

Unwilling to waste time, the Deputy
Marshal sought Williamson and found
him on his boat.
questioned the fisherman about Jack-
son. Williamson told a simple, straight-
forward story.

“I found him at a place called Scotch
Gap on Unimak Island on June 23.
We’d landed for water and found this
guy laying under a rotting old dory
that had been beached there. He was
just about dead. He’d no’ coat, no
shoes, no hat. He was near starved. I
doubted if he’d live till we got him
aboard.

to be the mur-

Quickly the officer

UT he came 'round a bit after
we’d put some hot soup into him
and rolled him in warm. blankets.
When he could talk, he told me some
mad story about everybody else being
killed but him. I asked him where all
this was, and he says at a camp near
Cape Lippen—that’s sixty miles or so
from where we found him.”

Griggs sent a message to United
States Commissioner Whipple at Una-
laska. When he arrived in Dutch Har-
bor the two interviewed
convalescing Owen Jackson.

“I’m all that’s left of four of wa,”
htaag Jackson groaned.

the rapidly

“He shot Florrie

. : first, then wounded Rooney. And then

ome ky ree

it was Con’s turn—”

“Who?” demanded Griggs.

“The man. I don’t know who he
was,” cried Jackson agitatedly. “He'd
stolen all our—”

at a time. It was pretty warm and we
left our coats and guns in the tent,
figuring to take them last of all, along
with the grub..After lunch we were
rowing back to Cape Lippen when
Rooney, who was in the stern, sud-
denly yelled: ‘Hey! There’s two fel-
lows climbing the cliff above our camp
carrying heavy packs,’ ”

“Two men?” Griggs cut in. “I>
thought you said only one man did
the shooting?”

“I only saw but one. What hap-
pened later, when the shooting started,
proved there were two. The shots
came—”

“Keep it till you come to it in your
story,” ordered the Deputy Marshal.

“Well,” Jackson went on, “we were
pretty badly scared. Our guns were ih
the tent along with all our grub and
everything. If those men were rob-
bing us, we were in a bad spot. We
pulled madly for shore, and raced up
the beach to the camp. Rooney stayed
in charge of the boat.

“The tent had been cleaned out.
Guns, grub, blankets, everything. ‘It’s
those damned Aleuts,’ yelled Florrie,
‘Come on, we’ve got to catch them,
guns or no guns,’ And he started up
the cliff with us after him. When we
hit the top, Florrie was away ahead
hitting for the rocks and brush that
lay inland. We were following a trail
that the caribou had made.

“Suddenly there was a_ shot up
ahead, Florrie threw up his arms and
dropped. Out of the brush walked a
thick-set, squat figure. More like a
native than a white man. Coolly he
went through poor Florrie’s pockets.
Then he stood waiting for us, his gun
at his shoulder, drawing a bead on Con,

“I grabbed Con’s arm and held him
back. He was all for rushing right at
this man. ‘It’s certain death, Con,’ I
yelled. ‘He’ll shoot you down like a

(Continued on Page 44)

oD11

Ae eater A Nata tla

we.

Why Murder Only Three of the Four Men Lured to the Alaskan
by a Dead Prospector's Map of Hidden Fortune?

Wilderness

“Most of these yarns are the bunk,
all right,” Jackson said earnestly, “but

I believe this one’s on the up-and-up. :

I got the story and the map from a
fellow name of Smith, a straight guy.
He’s here in town, a pretty sick man,
and he gave me this stuff because I’d
done him a good turn.”

Pete Rooney, the fourth man, nodded
in agreement. He was a mining man
from Idaho and he believed there was
gold on Unimak Island.

Florrie Sullivan reached for the bot-
tle, filled the four glasses. “We'll have
a drink on it, then draw up a written
agreement—share and share alike.”

SSE the four adyenturers
shook hands all around.. Connie

Sullivan scribbled a_ hastily drawn —

agreement. Each signed in turn.

For three of the four it was a death
warrant.

In late April of the following year
the schooner Lizzie Colby, James Mc-
Donald, Master, slipped unobtrusively
out of Seattle harbor, north bound.

Three weeks later they were in Uni-
mak Pass, at the southern end of the
island. There they sighted the schooner
Argo, out of San Francisco, anchored
while its crew filled fresh water casks
before sailing north to the fishing-
grounds in Bering Sea.

The Lizzie Colby anchored, too, and

Fred Hardy: He landed In hot
water when he jumped ship ©

oD11

The snowy peak of Mt. Shishaldin told a fleeing
man that he had traveled in the wrong direction

When investigators saw the bullet-holes in this boat
they knew that the doomed prospectors vainly had

sought shelter here in their last living moments

refilled its casks for the return trip.
That night, crews of the two vessels
fraternized and swapped news. The
Argo sailed at dawn, and Captain Mc-
Donald, following Jackson’s instruc-
tions, landed the prospectors and their
supplies on the desolate-looking beach
off Cape Lippen.

“You won’t be bothered with neigh-
bors,” Captain McDonald said, laugh-
ing. “Not another white man on the
island, I’d say. May be a few natives,
Aleuts, inland somewhere, but they
won’t bother you.” He stepped into the
dory to return to the ship. “I’ll be back
sometime in June.”

“Something wrong on the island,”
Captain McDonald growled to his first

mate. “Take a look through the
glasses.”

The mate peered through the pow-
erful lenses. He saw that the prospec-
tors’ tent was down. Nothing moved;
no sign of the men anywhere.

“Something queer about that tent,”
the Skipper said to the mate. “The
men knew we were coming back about
this time. If everything was all right
they’d be on the beach by this time,
waiting for us to land. Lower a boat,
we're going ashore.”

Ten minutes later McDonald was.
lifting the fallen canvas of the tent. He
was shocked‘rather than horrified by
what he saw.

Side by side, badly decomposed, lay
the bodies of Connie and Florrie Sul-
livan. Connie Sullivan had been
stabbed through the chest. His brother
had been shot to death. The bodies had
been robbed; the tent rifled of supplies.
And Jackson and Rooney had disap-
peared!

“Murdered!” gasped Captain Mc-
Donald. “But where’s the other two?”

On the beach close to the water Mc-
Donald found the boat belonging to the
prospectors. Splintered holes in the

‘ wood gave the Captain another angle

of the tragedy. Either the dead men
had tried to launch the boat or had
sought refuge behind it when the kill-
ers began their attack. There were
too many holes in the hull to be dis-
counted as stray shots. The gunman,
whoever he was, had poured a. lot of
lead into the boat.

All that day—it was June 17, 1901~—
the crew ranged the vicinity of the
camp, searching the rugged foreshore,
the steep cliffs that rose so abruptly
from the beach, and the rolling uplands
beyond. At intervals they fired rifle
shots—one, two, three, in quick suc-
cession, hoping that if Jackson and
Rooney still lived they might hear the
signal shots.

Sullivan
he loca-
picture)
beach.
rvened?

of “Considine’s
scussing a crude
wn upon a piece
id. It was the
of the Klondike
: trains from the
“cheechakos” on
imping off place
the Northlands.
) the waterfront,
res of dogs, once
i-dogs for trans-
on; one hundred
ally some lucky
' Eldorado dried
ke of “dust” on
ie up, boys, and
where that came
ired the imagina-
rear room of the

plan is genuine?”
elligent appearing
ld, across whose
ne, golden watch-
2 in the ’Nineties.
stinct resemblance
ie broad-brimmed
re, in fact, Connie
-issoula, Montana,
iness men of that
ly sufficiently rich
y trip, which they
i for the Golden
ow in the Queen
ds just where first
m the firm set of
iat they were men
ie ruddy-brown of

‘S B.
7

ALEUTI

their skin marked them as “real out-door
men.”
Of the two others at the table one an-
swered to the name of Owen Jackson, a
Seattle laborer; while the other man was P.
H. Rooney, of Wallace, Idaho; an experi-
enced miner.
In answer to Con Sullivan’s query, Rooney
related the story of how he had come into
possession of the rough sketch.
that during the summer of 1900 there had
died in the St. Bernard Hospital, Nome,
Alaska, one William String. Almost his last
words had been to outline the description of
a spot on an uninhabited island of the Aleu-
tian group, where gold in great quantities
had been discovered by his partner, now
dead. The rough plan drawn in support of
this story had been made from memory by
George Smith, a convalescent miner on an
adjacent bed, who had overheard the dying
String’s tale. Later, Smith, failing to recover
his health, had returned to Seattle, and there,
for a consideration and through friendship,
had revealed to Jackson the name of the island
and the supposed location of the gold claim,
which had never been recorded. Being with-
out sufficient funds to himself finance an ex-

(Right) Map of Alaska
and the Yukon. Arrow
points to Unimak, the
largest of the Aleutian
Islands, where four ad-
venturers landed in a
search for gold and
where murder over-
took them

fishermen lived the sus-
pect. It is similar to the
M% one in which Jackson faced
a harrowing experience

It appeared

ewestem,
Ka *
/*
pe

= eng SIO

(Above) On the beach at Unimak Island lies all that was
mortal of Flo and Connie Sullivan, who were found stabbed
‘and shot by an unknown murderer

Rui,

Cape Lippen, Unimak
Island, where Captain

McDonald saw a sight
that caused his heart to
miss a beat. The Sullivan
tent (pitched in the loca-
tion of tent in picture)
was flat on the beach.
What had happened?

ROUND a table, in a private room of “Considine’s
Bar” in Seattle, four men sat discussing a crude
plan which had been roughly drawn upon a piece
of paper by an unpractised hand, It was the
winter of 1900 and the first flush of the Klondike

“stampede” had passed, although incoming trains from the
East continued to dump fresh loads of “cheechakos” on
Yessler Way and First Street, still the jumping off place
for hundreds of gold-seekers headed for the Northlands.
Outside, along the length of the street to the waterfront,
could be heard the incessant barking of scores of dogs, once
family pets, now destined to become sled-dogs for trans-
portation purposes in Alaska and the Yukon; one hundred
dollars a head, they brought. Occasionally some lucky
“sourdough,” just off a boat, the mud of Eldorado dried
upon his boots, stalked in and threw a poke of “dust” on
the polished bar and called loudly: “Line up, boys, and
name your drink; there’s plenty more where that came
from.” It was this sort of thing which fired the imagina-
tion of the men so earnestly talking in the rear room of the
saloon.

“But what assurance have we that this plan is genuine?”
said one of the group, a heavy-bodied, intelligent appearing
individual, probably forty-five years old, across whose
waistcoat stretched one of those cumbersome, golden watch-
chains which were a sure sign of affluence in the ’Nineties.
Beside the speaker sat another man; a distinct resemblance
marked him as a brother. Both wore the broad-brimmed
hats of Westerners off the plains; they were, in fact, Connie
and Florrie Sullivan; whom anyone in Missoula, Montana,
could have told you were reputable business men of that
city. Friends there thought them already sufficiently rich
without making this seemingly unnecessary trip, which they
considered as foolish as Jason’s search for the Golden
Fleece. However, the Sullivans were now in the Queen
City, endeavoring to make up their minds just where first
to try their luck. It was apparent from the firm set of
their chins and the glint of their eyes that they were men
not easily dissuaded from a purpose; the ruddy-brown of

By HOLLIS B.
FULTZ

their
men.”
Of
swerec
Seattl
H. Re

relate:
posses
that «¢
died

Alask:
words
a spot
tian {
had |
dead.
this s
Georg
adjact
String
his he
for a
had re
and t
which
out st

(R:
anc
poi
lars
Isle
ver
sea
wh:

was an ex-convict from Alcatraz. He
went north in March, 1900, immedi-
ately after his release, and signed on

-the Argo. He was aboard that day

when sailors from the Lizzie Colby
fraternized with the men of the Argo.
Undoubtedly he learned from one or
other of these men that the Sullivan
brothers carried considerable money.

It was evident that Hardy and Wil-

liams had jumped ship with the sole
intent of robbing and murdering the
prospectors. After the pair had com-
mitted the bloody crime they probably
quarreled; perhaps over the division of
the loot. At any rate Williams never
was seen again, nor was his body
found, Hardy insisted that Williams
had left him shortly after they took
French leave of their ship.

Hardy’s trial for the murders of the
Sullivan brothers and Peter Rooney
opened at Unalaska on August 19. It
was the first murder trial of a white
man in Alaskan history.

aor evidence was presented, much of
it circumstantial, but a clear case
against the accused man was built up.
The various identifications of Hardy

were made. Finally came two damning
pieces of testimony against the accused
man—identification by Owen Jackson
of guns found in Hardy’s possession as
having belonged to the Sullivan
brothers, and the self-convicting evi-
dence of the gold watch.

Hardy was found guilty on August
28. He mounted the gallows facing the
beach at Unalaska December 6, 1901.

Read It First in

Hunting the Headsmen of Paradox Valley (Continued from Page 31) ogre sReadteitst in. pies

That was apparent from their enmity,
from the open warfare that threatened
to break out at any minute. Was that
it? Or was it just that each outfit sus-
pected the other of the murder of
Hecox, a friend, and preferred to mete
out justice in its own way?

It was nearly dark when they got to
Bedrock. The cowboys, split into two
hostile bands, just sat their horses
silently while the Sheriff walked into
the constable’s office and sat down to
talk the case over with Waldo and
Undersheriff George W. Price.

They decided to put out a double
alarm: For Hecox alive on the theory
that he was the murderer, and for his
watch or someone spending his ‘money
on the theory that he had been mur-
dered. They would cover not only
Paradox and Bedrock and Montrose
but also such towns as Moab and
Monticello across the border in Utah.
They figured a robber wouldn’t dare
spend Hecox’ money close to Bedrock. .

“Why,” asked Price, “would any-
body cut off Lem’s head, if it was Lem
who was killed? They didn’t hide
anything that way. We figured it was
Lem from the clothes and Lem’s head
certainly wouldn’t tell us who the
murderer was. There just wasn’t any
reason at all for cutting the head off
unless the victim wasn’t Lem.”

“Then,” said Waldo, “the victim
might be this Glade, or James.”

“We'll see at the inquest,” said Dor-
sey. “If one of them doesn’t show up
he could be the victim.”

But both Glade and James appeared
at the crowded inquest. Dorsey wanted
to question them. However, after
studying the hostile rival clans of
riders he knew that he didn’t dare
jump to conclusions without evidence.
Nor did he dare do anything that might
bring the enmity more into the open
and cause further bloodshed. He had
to work quietly.

The cowboys sat their horses, milled
about in the street after the inquest.
Dorsey wondered why they didn’t go
back to their ranches. Suddenly he
noticed they were closing into a tight
circle. In the open center two men
were toe to toe. A babble of angry
voices rose.

Dorsey set his jaw, shoved his way
to the center of the circle of hard-
faced men. :

Bill James and Jim Gazaway were
glaring at each other, tense, straining
forward.

Gazaway snarled, “You know you
had trouble with Lem Hecox. Plenty
of trouble.”

Quietly James spoke. “You’re hunt-
ing trouble, Gazaway. You don’t recol-
lect I saw you club Hecox with a rifle
butt, do you?”

Gazaway jumped for him. Guns
leaped out of holsters, men ducked for
cover.

But as fast as Gazaway jumped, the
Sheriff was faster. He stepped between
the two men. He figured neither would
— if he were in the line of cross-

re.

It worked. Dorsey snapped, “Now—
let’s get this settled.”

Muttering sullenly, the cowboys
stepped back, leaving the Sheriff alone
in the middle with the two men.

Dorsey said to Gazaway, “Did you
hit Lem Hecox with a rifle?”

“No. ”

“Where were you Friday?”
Gazaway .roared, “I’ll be damned
if—”

But a quiet voice in the rear said,

“Gazaway was with me in Naturita
Friday.”

The man was older than most of the
riders. Dorsey recognized him as J, P.
Thomas, a rancher. Thomas. said,
“Gazaway was at my house at Naturita
when Hecox was killed.” ,

Naturita was 25 miles down the
valley.

What could they do? The tension
was broken—for the time being. Slow-
ly the cowboys drifted away.

When they were gone Waldo said,
“This sure is dynamite.”

“We gotta take a census,” he said
to Waldo. “See if anybody’s missing.
If he is, he must be the victim. And
we gotta keep an eye out for Lem
Hecox. Somebody might have seen
him since the killing and that’ll be
proof he wasn’t the victim:”

They spent the rest of the day
around Bedrock asking about Hecox.
Nobody would admit having seen him
since early on Thanksgiving Day. Was
he the victim after all?

But they found nothing. Not a clew.

T= next day they telephoned Mon-

trose, and Price said he had found no
trace of Hecox, of his watch or his
money or his keys.

So Waldo and the Sheriff went to
work checking up on the ranch hands
near Bedrock. They questioned the
owners of all the ranches in the dis-
trict. Nobody had seen Hecox.

So Dorsey and Waldo saw that they
would have to take the census them-
selves, have to see and identify every
ranch .hand from La Sal or Paradox
and know that he was alive, or dis-
cover that he was missing.

“That’s a big order,” said Waldo.
“If we found the head it would be a
lot easier.”

“Finding the head is a bigger order,”
said Dorsey. “But maybe we could do
both jobs at once—and expose the
murderer, too.”

“How do you mean?”

“Organize a posse to hunt the head.
We could get all the cowboys together.
That way we'll find out if any of them
are missing.’*

“But how’s that going to expose the
murderer?”

“We'll tell ’em we gotta find the
head. We’ll go hunt it. But I’ll be
watching ’em. I’ll play ’em off against
each‘other. And sooner or later some-
thing will happen. It’s bound to.
They’ll get into a fight and accuse
each other and that way we’ll learn
something about this case.”

The ranchers were notified and the
next day the cowboys rode in, nearly
half a hundred of them.

With the ranchers, Dorsey and Waldo
went over the list of cowboys. All of
them were there.

Dorsey couldn’t understand it.

“Either the victim is a stranger,”
he said, “or it’s really Lem Hecox.
It doesn’t figure to be a stranger or
these fellows wouldn’t be so ready to
kill each other. Looks like it’s Hecox,
after all,”

“But why was the head cut off?”
asked Waldo.

“Only one reason I can figure out,”
said Dorsey. “That head would lead
us to the murderer.”

“ y?” Fe

Dorsey shrugged his shoulders.
“Maybe by the way Lem was killed,”
he said. “There probably are some
bullets in the head and maybe some
cowboy figured we could identify the
bullets.”

He got on his horse then and said
to the cowboys:

“Men, we’ve got to find that head.
I need your help. If you’re ready

we'll start now. We’ll go out south
first.” . ‘

He led the way for a while, then
settled back and let some ofthe boys
pass him. In a few minutes they
climbed. In the distance lay the peaks,
black with patches of naked rock and
white with splotches of snow. ,Dorsey
stopped, half turned in his saddle and
called, “Spread out and take it slow
from here on. Look sharp.”

The horses slowed to a walk. Every
few rods one or the other of the men
poked into a crevasse; rode his horse
through. a bush or a drift. The men
worked mostly in twos or threes, hard-
ly ever alone.

A man spurred his horse beside the
Sheriff. Dorsey glanced sideways. It
was Maxwell, the Paradox rancher.

Maxwell said, “Did you ever check
up on Glade?”

Dorsey turned on him fast. “Why
are you so interested in Glade?” he
asked. :

“Because I’m sure he was at Lem’s
cabin Wednesday night before the
murder,” Maxwell said. “I saw his
horse there.”

“What were you doin’ over there?”
the Sheriff asked. But Maxwell
spurred his horse again and rode away.

What did this mean, the Sheriff
wondered. Was Maxwell mixed up in
it? Or did he know something about
Glade?

After a while Dorsey saw that
Gazaway was close. The Sheriff rode
over to him.

“Jim,” he said, “do you know where
Glade was that Wednesday night be-
fore Thanksgiving?”

Gazaway looked up. “Yeah,” he said
slowly. “I think I do.” .

Something in the way he said it
made Dorsey’s hands perspire.
“Where?”

“I think,” Gazaway said, “that Glade
stayed with Hecox that night. I saw
his horse outside Hecox’ cabin.”

The Sheriff couldn’t help jerking his
head up. Always before one of the
Paradox clan had accused a La Sal
man. But here was a La Sal boy put-
ting one of his own partners at the
scene of the crime on Wednesday.
Hecox had been killed Thursday or
Friday.

The Sheriff dug his spurs and rode
ahead, slowed beside Glade. He said,
“Glade, when did you see Lem Hecox
last?”

Glade reined his horse, glared at the
Sheriff. His voice was icy. He said, “I
stayed with him Wednesday night.”

The Sheriff said, “That’s what I
heard. What do you know about his
murder?”

Glade blew sky-high. He yelled,
“His murder? His murder? Listen
here, Sheriff, if you’re—”

Jim Gazaway’s voice came sharp,
Pog it easy, Glade, take it easy. Tell

im.”

The Sheriff noticed that the rest of
the La Sal Creek clan had formed a
semi-circle around him and Glade. Be-
hind them were some of the Paradox
riders. The others were coming up
fast.

Glade sputtered. Then he calmed.
But his voice was high-pitched and
tight as he said, “I stayed there
Wednesday night. I ate breakfast with
him Thursday. Then I left. I rode out
to the range and he rode away over
the pass to Bedrock or Paradox. I
never saw him again.”

He wheeled in his saddle, looked at
his partners. They said, “That’s right.”
“Glade was on the range Thursday.”
“We all know where Glade was.”

Dorsey looked at them. They weren’t
smiling. He said, “All right, boys.:
Let’s go on.”

They rode on. For a while every-
body forgot to look for the head and
the Sheriff wondered if they knew as
well as he did how useless it was to
hunt. But he kept’up the pretext of
looking. They found nothing that
day.

Dorsey called the men together again
the next morning. As they headed out
of town he noticed the gang was
smaller. Some of them had not shown
u

They searched all morning over
rocky, difficult country. At one o’clock
they stopped and cooked lunch. As
usual the La Sal men gathered on one
side of the fire, the Paradox riders on
the other. "

Five minutes passed before Dorsey
noticed something going on over at the
Paradox side of the fire. The men:
were close together and whispering to
each other. One or two of them were
looking at the La Sal riders, appar-
ently counting them.

One of the Paradox men jumped to
his feet with his hands on the butt of
his gun and yelled at the La Sal
crowd, “Where’s your partners?” Then
to the Sheriff, “They’re not all here.
Where are they?”

Gazaway jumped up, too, and pretty
soon all of the men were standing.

“Some of us had to ride range to-
day,” Gazaway said quietly.

“And some of you had to kill: Lem
Hecox, too,” said the Paradox man.

“Yeah?” said Gazaway. His hand
moved imperceptibly towards the butt
of his gun. “Some of us? How about
Bill James?”

soe was there with the Paradox
men. He shoved his way to the
front, faced Gazaway across the fire.

“What about me, Gazaway?” he
asked.

The Sheriff stepped forward, too. |
This was it, he knew.

Dorsey said, “We’re goin’ back to
town right now and get this thing
straightened out. Come on.”

They stood for a moment, glaring
at each other. Then Maxwell, the
Paradox rancher, turned and mounted
his horse. Slowly the others followed
suit. :

In téwn Dorsey took the guns away
from Gazaway and James. He called -
Waldo and told him what had hap-
pened. They swore in some citizens as
deputies. Then they rounded up all
the riders and took them to the con-
stable’s office.

“Now.” Dorsey stood in front of Bill
James. “What about Gazaway club-
bing Hecox with a rifle?”

James lit a cigarette. The smoke
curled up under his wide hat-brim.
He said, “That’s what I told you. It
was in October. I saw them.”

“He’s a lyin’ coyote,” said Gazaway.
Then he leaped at James,

‘Dorsey grabbed Gazaway and Waldo
took hold of James. The deputized
citizens stepped forward with their
guns ready.

The Sheriff said, “Before we go any
farther we’re gonna take up a collec-
tion. Step up here one by one and put
your guns on the table.”

They did. The guns made a heap
a foot high spread out over the table—
45s, .38-.40s, .44s, .35-.30s. Dorsey put
his own gun on the table, with Gaza-
way’s and James’. One of the deputies
tagged each gun with the owner’s
name.

oD11

34 The Master

pedition, Jackson had consulted Rooney, and Rooney had
brought the Sullivans into the picture.

“What do you think, Florrie?” asked Con Sullivan, when
the story had all been told. “Shall we take a shot at it?”

“Sounds all right to me,” answered the brother. “If we
hit it there, it will be better than at Nome or in The Yukon,
where things are so crowded.” —

And so it was decided; a contract was drawn whereby all
were to share equally, and in the spring of 1901 the four
partners prepared to depart on a mysterious mission for a
destination unannounced. In the meantime the jovial Sul-
livans had become well known in Seattle, and the silent and
careful way they went about their business caused many a
tongue to wag and many a mind to wonder about them.

Finally the Sullivans secured a suitable
outfit, including a small “rocker” with
which to wash “pay-dirt” should they find
it. Then they made a deal with the master
of the schooner Lizzie Colby to take them
North, for none of the regular steamship
lines touched at the spot where these men
had elected to go, and, insofar as they were
able to ascertain, there would be no other
white men in that section. They bore in
mind, however, that someone else, prob-
ably equally gold-hungry, held the secret
related by String on his death-bed and
that at any time the journey might develop
into a race between themselves and these
other unknown parties.

The Lizzie Colby was a trim craft which
usually plied the waters of the Bering Sea
in search of fish, but following the “stam-
pede” of 1897, Captain McDonald had
found it profitable to take aboard pros-
pectors who wished to try their luck on
some of the out-of-the-way islands, in-
stead of on the mainland. Some time late
in April of 1901, (there was no fuss made
about it) the Lizzie: Colby, with but a
small crew and the four adventurers,
started north. The destination, as certain

(Below) Connie Sullivan, a reputable busi-

ness man of Missoula, Montana, who set

sail ‘in a search for gold but found death
instead

pe eNPO At Riten nxn est) neys

Detective

sinister events afterwards revealed, was Unimak Island, the
largest, eastern island of that long stretch of broken
lands known as The Aleutians, which point, like a finger
of destiny, toward Asia, and almost touch the shores of
that continent. Paradoxically speaking, they make San
Francisco the center of the United States, since the last of
this group is actually farther west from the Golden Gate
than San Francisco is west of New York City. Unimak
Island is about seventy miles long and has an average width
of twenty miles; it is entirely barren of trees and is very
mountainous.

On May 12th the Lizzie Colby drew near these desolate
shores whose rocky sides come down to within a few hun-
dred feet of the swift waters of Unimak Pass. Through

(Above) The United States Revenue Cutter ‘‘“Manning”
which played a most important part in getting the in-
vestigators to the scene of the crime

this Captain McDonald now prepared to steer a course; but
first he must take on fresh water for the balance of the trip.
Off the southern shore of the islana he dropped anchor and
there found himself in company with the Argo, a schooner,
out of San Francisco, also taking water aboard. Some
hours later, some twenty knots east of the northern end of
the Pass, near Cape Lippen, the Lizzie Colby, its passengers
hoping they had been unobserved, again anchored. A dory
was lowered and the Sullivan party was placed on the thin

of tha
end of
to Ca;
caused
Sulliv:
quick]:
schoon
pulled
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52 180 FEDERAL REPORTER, 2d SERIES

have been talking about took place—when
and where, Mr. Hellan? A. It was about

eight o’clock in the evening of July 1, 1947.

Mr. Faulkner was present by request of the
defendant.

“Q. What were the circumstances lead-
ing up to Mr. Faulkner’s being present?
* * * A. J asked Eugene LaMoore if
he would be willing to make a. statement
and sign it to me, and he said he would.

“Q. A statement along the lines—A. Of
the story that he had told me. * * *
He requested that I ask Mr. Faulkner to
come there and be present when he made
the statement. I agreed and told him I
would contact Mr. Faulkner. I saw Mr.
Faulkner the same day and asked him if
he would come up there at that time.
* * * Ttold Mr. Faulkner the story that
Eugene LaMoore had told me, and he
agreed to go to the jail with me, which he
did, and we went up there the same day in
the evening between seven and eight
o’clock. When we reached the jail, Mr.
Faulkner and Eugene LaMoore talked to-
gether for a while, then called me in, and
Eugene LaMoore said he was ready to
make the statement. * * * I told Eu-
gene LaMoore that it was not compulsory
to make a statement, that he did not have
to make a statement unless he wanted to.
Eugene LaMoore said he understood all
that and wanted to make a statement any-
way. * * *

“Q. Now, just one or two more qucs-
tions preparatory to this statement. Were
there any promises or threats or offers of
reward made to him in connection with
making this statement, by you or by any-
one, to your knowledge? A. None what-
ever.

“Q. You are certain of that? A. Iam
certain.

“Q. I believe you testified already that
it was a free and voluntary statement on
his behalf? A. That is right. I then
brought in a typewriter for Mr. Faulkner to
use in taking down the statement.

“QO. Who typed the statement? A.
Mr. Faulkner. And LaMoore told his story
very slowly and even waited at times for
Mr. Faulkner to catch-up with him, so that

a dag ‘ a Ships ae o>
tH Ripa As ot ae a eae Relea bons Locman

he wrote it down word for word. * * *

As Mr. Faulkner wrote it down, he read
each paragraph to LaMoorealoud. * * *
Before continuing with the subsequent
paragraph, he read each paragraph to him,
and at the end of the statement he read
the whole statement to him and then passed
the statement over to LaMoore to read,
which he appeared to do. I told LaMoore,
if he found any mistakes in the statement
or wanted to add anything to it, that the
corrections would be made. LaMoore read
the statement and, when he got through
reading it, he signed it.”

After the statement was admitted in evi-
dence, Faulkner was called as a witness for
appellee and testified as follows:

“QO, What is your business, profession
or occupation? A. Attorney at law.

“Q. And you are a licensed and prac-
ticing attorney in the Territory of Alaska,
are you not? A. Yes, sir.

“Q. For how many years have you prac-
ticed in Juneau? A. Thirty-three years.

“Q. Mr. Faulkner, calling your atten-
tion to the day of July 1, 1947, do you re-
member that day? A. Ido.

“Q. Did you have occasion to see this
defendant, Eugene LaMoore, on that day,
July 1, 1947? A. I did) * * * Mr.
Hellan, the deputy marshal, came to the
office and asked me to go up to the jail to
see LaMoore, who wanted to see me.

“Q. Do you remember about what time
of day that was? A. In the forenoon, I
think, of July 1, and I went to the jail with
him that evening about eight o’clock and
saw hint * -* *

“Q. Did you see this defendant, La-
Moore, when you got to the jail? A. Yes.
x *

“Q. Did you have a conversation in
which only you and he were present? A.
I did. * * * When I went to the jail,
LaMoore was brought into a room there
off the guard’s room. I went in there and
told him that I understood he sent for me,
and he said, ‘Yes.’ I said ‘What did you
want?’ .

“Q. Did you represent him profession-

ally? Were you his attorney, lawyer or

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50 180 FEDERAL REPORTER, 2d SERIES

and found guilty as charged in the indict-
ment, was senténced to death and has ap-
pealed.

At the trial, twelve witnesses testified,
and six exhibits were admitted in evidence.
The evidence showed that in the late even-
ing of December 21 or the early morning
of December 22, 1946, at Jim Ellen’s place
-of business, a grocery and liquor store in
Juneau, Alaska,” appellant and Austin Nel-
son robbed Jim ElJen and, in perpetrating
the robbery, purposely killed him by cutting
his throat and thus causing him to bleed

to death.

Appellant was arrested and placed in the
Federal jail at Juncau on April 19, 1947.
On July 1, 1947, while in jail, he made and

2. Juneau is in District No. 1.

3. The statement (Exhibit No. 4) reads as
follows:

“Statement of Eugene LaMoore.

“T, Eugene LaMoore of my own free
will and aceord, and without having any
promises of any nature made to me in the
presence of H, L. Faulkner, attorney at
law of Juneau to whom I have stated that
I have already talked to Walter Hellan,
Deputy U. S. Marshal, make the follow-
ing statement to Walter Hellan, Deputy
U. S. Marshal:

“My name is Eugene LaMoore. I am
44 years of age. I have lived in Juneau
Alaska since 1942. JI am married to
Flizabeth Kunz.

“7 have known Austin Nelson for about
four years. On Saturday night about
midnight, December 21st, 1946 I talked to
Austin Nelson at Blackie’s Bar on South
Franklin Street, Juneau and he suggested
that we go to Jim Hllen’s store on Wil-
loughby Avenue and rob Ellen. Ile had
suggested that several times before.
Nelson at that time had a revolver be-
longing to me.

“I pleaded with Nelson not to kill Ellen.
This was on the way to the store. When
we arrived at the store I put on a mask,
but Austin did not put on any mask.
Nelson tapped on the window and Ellen
came to the front door of the liquor store
and opened it. We entered the liquor
store. his liquor store is built inside of
the grocery store. It was about 12:45
o’clock when we entered the store. We
first had stopped at Frank Pineda’s place
before we arrived at Ellen’s store.

“Kllen went to the back of the store
and Nelson followed him and Nelson said
‘this is a stickup.’ Nelson then pushed

ne Po abn 4 hE APR SI eat AEE Ss ena AR SN tts

signed a self-incriminating statement. The
statement was made to H. L. Faulkner, an
attorney at law, and Walter G. Hellan, a
United States deputy marshal. It was
dictated by appellant to Faulkner in the

presence and hearing of Hellan, was typed .

by Faulkner as dictated by appellant, was
read by Faulkner to appellant in the pres-
ence and hearing of Hellan and was then
read and signed by appellant in the pres-
ence of Faulkner and Hellan.

At the trial—in February, 1948—the
statement was offered in evidence by ap-
pellee, the United States. Appellant ob-
jected to its admission. The objection was
overruled, and the statement was admitted
in evidence as Exhibit No. 4.3 At the close

the gun against Ellen and I pushed him
into the grocery store. He had my gun.
Then I heard a scuffle and I thought Nel-
son had just knocked Ellen out by hitting
him over the head with the gun. The gun
was not loaded; but we had decided to
knock Ellen out with the gun if he offered
resistance. JI knew we went there to rob
Ellen.

“Then when the scuffle was over Nelson
came back into the liquor store where I
was and opened the cash register and
took out the money. I did not know how
much money he got until later on, When
Ellen walked to the back of the store
after we entered I switched off the lights
and it had been agreed between Nelson
and myself that I would remain in the
liquor store as a lookout while Nelson did
the robbery.

“After taking the money from the cash
register, Nelson went back to the rear of
the store, perhaps to the kitchen, but I
could not see. Then I heard water run-
ning as from a tap. Then Nelson came
back to the liquor store and said ‘let us
go out the back door.’ Then he went out
the back door and T went out the front
door after Nelson had come around in
front of the store so I could see him.

“We then went up over the steps by the
Seaview Apartments and walked to the
Alaskan Hotel. We went upstairs and
entered the men’s toilet on the first floor
up. Nelson then took out from his pock-
et a roll of bills and divided them and put
half back into his pocket and put my
share on the floor. When T stooped to
pick up the money T noticed blood on my
coat and found that this had come from
Nelson’s clothes when I brushed past bim
to pick up the money. I said, when I
noticed the blood ‘Good God man, what

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LA MOORE y. UNITED STATES 53
Cite as 180 F.2d 49

anything like that? A. No. I said, ‘I
want to make it clear to you, I can’t repre-
sent you, and I am not here representing
you. What do you want from me ete
said, ‘I want to see you.’ I said, ‘What
for?’ He said, ‘I told a story to Mr. Hel-
lan’ I said, ‘What was the story you told
Mr. Hellan?? He told me the same story
Mr. Hellan had related to me in the fore-
noon of that day. * * * Following his
story to me, which corroborated the story
Mr. Hellan had told me, I asked him if
he wanted to put that in writing. * * ig

He said, ‘Yes, I would like to put it in writ-

ing.” I said, ‘Do you want me to write it
out for you?? He said, ‘Yes.’ I called
Mr. Hellan in. with a typewriter. I told
LaMoore again, in Mr. Hellan’s presence,
that I came there at his request and was
not representing him, but that I came solely
because he sent for me, and I took the type-
writer, and he dictated.

“Q. Who was present? A. Mr. Hellan
and the defendant. I made it into para-
graphs and read each paragraph separately
as I wrote it, and then the statement was
read in full, and I passed it to him. He
read it and signed it. .

“QO. Was that a free and voluntary
statement by this defendant? A. Yes.

“Q. Was there any force or coercion |

used on him? A. None in my presence.
“Q, Physical force? A. No.
“QO. Mental force? A. No.

“QO, Or statements? Was anything said
to induce him to make a statement? A.
No
a .

4. Appellant and Nelson were separately
indicted and separately tried for the mur-
der of Jim Ellen. Nelson was tried, con-
victed and sentenced to death prior to
July 1, 1947, but was not executed until
March 1, 194S—after appellant was con-
victed and sentenced. Appellant appears
to have believed that, by making the
statement, he could prevent or delay Nel-
son’s execution.

5. Faulkner testified that he gave appellant
no such advice.

6. Symons y. United States, 9 Cir., 1949,
178 ¥.2d 615.

7. Sometimes called Jack Hayes.

“OQ. Or any offers or promises of re-
ward if he made the statement? A. No.”

After appellee rested its case, appellant
testified as a witness for himself. He tes-
tified that the statement was not voluntary,
but he also testified that he made the state-
men in order to help Nelson* and because
Faulkner advised him to make it,® which,
if true, showed that it was voluntary.

Appellant testified that he was in fear
when he made the statement, but he did not
say why he was in fear or what he was in
fear of, nor did he testify that fear caused
him to make the statement. The mere fact
that he was in fear did not render the state-
ment involuntary.®

Appellant testified that on several occa-
sions prior to the making of the statement,
John R. Hayes,” an agent of the Federal
Bureau of Investigation, came to the jail
and asked him to make a statement; that
he refused to, and never did, make a state-
ment to Hayes; that on one occasion—in
June, 1947—Hayes was accompanied by
Robert Boochever, Assistant United States
Attorney for Alaska; that on that occasion
appellant and Hayes almost had a fight;
that, but for Boochever, Hayes would have
beaten appellant up; that Hayes threatened
to hit appellant ;§ that Boochever stopped
Hayes ;® that on another occasion Hayes
and Faulkner visited appellant at the jail;
that on that occasion appellant and Hayes
almost came to blows;!® and that Faulkner
“stepped in,” apparently, that
Faulkner intervened and prevented appel-

meaning,

8. Appellant’s testimony—assuming it to
be true—showed that Hlayes was pro-
voked, not by appellant’s refusal to make
a statement, but by offensive and insult-
ing remarks made to Ilayes by appellant.

9. Hayes and Boochever testified as wit-
nesses for appellant. Both testified that
they visited appellant at the jail in June,
1947, but neither of them testified that
appellant and Hayes almost had a fight,
or that Hayes attempted or threatened to
beat or hit appellant.

10. Appellant’s testimony—assuming it to
be true—showed that this, too, was
caused by offensive and insulting remarks
made to Hayes by appellant.

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LA MOORE y. UNITED STATES 5

Cite as 180 F.2d 49

of all the evidence, appellant moved to
strike the statement. The motion was
denied. Appellant here contends that the
statement was inadmissible, thus, in effect,
contending that the trial court erred in
overruling the objection and in denying the
motion.

The ground of the objection was that it
had “not been shown satisfactorily that
[the statement] was made freely and volun-
tarily, without any promise or any threats
towards [appellant].” The ground of the
motion was that the statement was involun-
tary.

Before the statement was admitted in
evidence, Hellan was called as a witness for
appellee and testified as follows:

“QO, Now, Mr. Hellan, did this defend-
ant, Eugene LaMoore, ever make a state-

happened. What did you do?’ Nelson
said ‘I had to do it, I had to do it.’ There
was considerable blood on Nelson at the
time and I also got some on my hat when
I stooped over to pick up the money. My
share of the money was a little less than
a thousand dollars. It was all in cur-
rency.

“Nelson and I then walked down Lower
Franklin Street as far as Blackie’s Bar.
I entered the bar as my wife was there
but Nelson continued on past Blackie’s
down the street. My wife and I then
went to the Glacier Cab stand and took
acab home. This was about 1:05 A.M.
Dec, 22, 1946. When we went home then
I had the gun which Nelson had returned
to me after the robbery and I gave it to
my wife and I then hid my share of the
money in the woodshed. ‘Then my wife
and I walked down town again. It wus
2:20 A.M. Dec. 22nd when we passed Jim
Ellen’s place. We looked through the
window at the clock. We then went to
room 30 at the Ismael Hotel and we re-
mained in the Ismael Hotel until shortly
before 8 A.M. From the Ismael Hotel
my wife and I went to the City Cafe and
had some lunch. Then we walked up as
far as the Alaskan Hotel. On the way
up the street we were on the seaward
side of the street and about at the Gla-
cier Cab stand we saw Nelson going up
the street in the same direction but he
was on the opposite side of the street
from us. He came across the street and
walked with us as far as the Alaskan
Hotel. We, my wife and I took a cab
from the Alaskan Hotel at 3.40 A.M. for
home. I did not see Nelson again uutil

aot ee a a,
6 he 316)

ment to you admitting he was down there
and participated in the robbery at Jim
Iellen’s on the night of December 21 or
early morning of December 22, 1946? A.
Yes, he did. * * *

“Q. Mr. Hellan, were the statements
he made in regard to what he was talking
to you about, reduced to writing? A.
Finally.

“Q. Was everything he said, in connec-
tion with what he said that was reduced to
writing, of a free and voluntary nature on
his part? A. Yes, it was.

“OQ. Was there any coercion, force or
duress of any kind or description, to your
knowledge, used in obtaining the state-
ment? A. None at all.

“CQ. Will you tell the court and jury
when and where the statements that you

I saw him in the Commissioner’s Court
after he had been arrested.

“When I got up from bed on Sunday
morning Dec, 22nd I washed my. coat
to try to get the spots of blood off it.
J then burned my hat and rubbers, al-
though there was no blood on my rubbers.
After Nelson’s arrest Deputy Marshals
Hellan and Thompson came to my house
and talked to me and examined my shoe
packs which I had on then and looked
over all the clothes I had on. That
night I threw my overcoat into Gold
Creek.

“T did not kill Jim Ellen. I never
touched him and I did not see Nelson kill
him. I spent part of my share of the
money Nelson and I divided that night
but the greater part of it was stolen from
the woodshed where I had hidden it.

“When we went to Jim Hllen’s store on
the night of Dec. 21st or early morning
of December 22, 1946 I had no intention
of killing him and our intention was to
rob him and to knock him out if neces-
sary, but nothing more. ‘That I had
taken the cartridges out of the gun, and
I did not know that he would be killed.
I did not know that Nelson had a knife
or razor and if I had known I would not
have gone with Nelson at all.

“Dated at Juneau, Alaska, July Ist,
1947.

“The foregoing statement was dictated
by me and after it was typewritten I read
it and also had it read to me and I fully
“understand it.

“Eugene LaMoore,
“Witness: .
“Walter G, Hellan,
“HW. L. Faulkner.”

UiIVERSITY OF fl > ANA

SCHOOL CF tsa

August 26th of 1887 for Sitka with a prisoner i

Archbishop of the Greek Church. “But,

court at Sitka.

n custody for killing the

the Commissioner refused to

Anderson resigned upon arrival at Sitka and in his report,

: understandably, recommended the abolition of the government offic

at Ounalaska.

The station was not closed and

Anderson was eventually suc

turn over the personal possessions of the deceased for transfer to the

ceeded at Ounalaska by Deputy Marshal Ney B. Anthony. On November

15, 1890, Marshal Orville T. Porter advised the Attorney General

the urgent need for facilities at that station for the

“Deputy U.S. Marshal and the Collector of Customs.

As Mr. Anthony (states) there is not a jail to the Westward

or even a building temporarily

fitted up in which to keep

prisoners until they can be conveyed to Sitka for trail.
When you add to this the fact that the officers themselves |

have no quarters, and are whol

ly dependent upon the

Alaska Commercial Company for a building to live in,
for board, and other indispensable necessaries, you

can see how utter ly impossible
to be free and independent in di
devolving upon them.

jt is for these officers |
scharging the duties

Crime is running rampant in that country, and the
officers are almost powerless to deal with it,: On account of
their helpless surroundings (Appendix P).

One month later, on December

conditions to the Westward. He requested the dispatching of

cutter in the spring to enable the deput
in a murder case and also to bring the

Sitka ;

Oo. Commissioner,

llth, the Marshal reported on

y at Ounalaska to serve subp

prisoners and witnesses to

There were two other murderers to the Westward that
we want who as yet we have not been able to reach, but
I think they can be apprehended and brought down on this

trip.

a Revenue

oenas

LOOT pes

CRD. cea ae fog,

became magnified through lack of attention by the Treasury Department.
Deputy Collectors were authorized compensation in the amount of $1, 200

per annum. Yet of the five officers on duty in Alaska on August 9, 1878,

all were at least nine months arrears in receiving their salaries, and

one deputy collector had not been paid since December of 1876; over one
andahalf years. The total salaries paid to customs officers in Alaska

during 1878 was $7, 672; small compensation for performing the hazardous

tasks described by Dennis and others in that legal vacuum. 60
Quarrels between the white man and Indian continued unabated.

One conflict at Hot Springs, near Sitka, in November of 1878 resulted

in the murder of a white man named Brown by a Kaksatis Indian, Kot-ko-

” Re SE co

wot. He was arrested by Chief Annahootz, who worked for the Collector

of Customs as an itinerant policeman in combating the liquor traffic, and

delivered to the guardhouse at Sitka.
On November 12th, Morris reported on affairs in Alaska:

Alaska is the paradise of the dishonest debtor, for there is
no law of any kind throughout the land for the collection of
debts. One great trouble in enforcing the revenue laws
properly in Alaska and maintaining order is the insecurity
of the term of public officials. No sooner has a man mastered
our intricate customs revenue system, or at least become
tolerably conversant with its practical workings and numer-
ous contradictions, then he is supplanted, made to walk the
plank, and politely invited to step out and make room for his
successor. . , the collector of customs and his deputies
as matters now stand, are the oniy semblance or, really the
_de facto law in the Territory.

A man may be murdered in Alaska, his will forged,
and his estate scattered to the four comners of the earth,

60
The only legislation passed by Congress that year affecting

‘iska was the Posse Comitatus Act of June 18, 1878. This act made
“lawful to employ any part of the Army to enforce civil law. It
“*5 assumed that, after the Indian uprisings had been quelled, troops
"\d return to Alaska and the War Department would resume control.
; “"Tefore, section 15 was added to specifically exempt Alaska from
"8 provisions.

i eg

eipeleneg vel)

RAPA gitar, Lane

La Lint RL Le oe cane Eee PT ae

Soaps TERE yiaile

z
:

RAS Henn UME Meena 2"

Mr. Leon Smith, particularly; had it been any one else it
would have been all the same. 20

H. M. Kirke, the post surgeon, wrote the finale to this episode
in his report of December 29, 1869, to Lieutenant William Borrowe:

I have the honor to report as the result of the late Indian

trouble:
One (1) white man, Mr. Leon Smith, killed.
One (1) Indian killed.
One (1) white woman, company laundress, finger bitten off.
One (1) Indian severely wounded, by gun-shot fracture of the
right humerus, a
One (1) Indian hung.

Iam, sir, very respectfully, your obedient servant. 21

The errors in judgment and law in the foregoing incident are
multitudinous. The escalation of offenses, unfamiliarity with the blood
feud system practiced by the natives, reprisal against the innocent,

the biased composition of the military tribunal and lack of procedural
guarantees of the rights of the accused are all important yet secondary
to the principal error. The military had the authority to exercise con-
trol over the Indian tribes only in relation to offenses involving liquor.
The Army executed a national of the United States while at that time

having neither jurisdiction over the offense nor the accused.

Efforts to Enforce Liquor Laws

During 1870, all military posts were closed with the exception
of the headquarters at Sitka. Customs officers nevertheless proceeded
to seize stills and locked up the offenders in the abandoned military

stockades for a week or more before releasing them. On April 25th,

NE OP OAT 0 a

to convene again until May of 1885 which would necexsitate the semi-
permanent detention of prisoners and also provide a compelling issue
confronting the new government. :

Lieutenant-Commander H. E. Nichols replied the next day by
refusing the request and giving as a reason the fact that Naval regu-
‘ations prohibited the issuing of rations to civilians. Nichols declined
the responsibility for the inevitable selease of Travcrg because of his

refusal to accept custody.

The fact of the commitment of Travers de pends upon the
Jaw and the evidence, and not upon the fact of whether
1 will feed hirn oF not. The officer of the civil govern-~
ment who has charge of the prisoners is responsibile
for that part of it. (Appendix M)- |

ont ia te

meeee’Nichol's Letter did little to cement relations between the civil
and military authorities. At that time, an Indian wis in custody _—
charged with murder. He had been detained previously at the personal
request of the Governor pending the arrival of the court officials. The
“taval commander informed Judge McAllister that the following day he
«ould no longer be responsible for room and board of this prisoner.
Sheldon Jackson was appointed General Ayent for Education in
Alaska by the Secrelary of the Interior in 1885. Ifis efforts to expand
the schools met with cool resistance by some of the civil authorities.
".S, Attorney Haskett obtained an indictment from the Grand Jury at
Sitka in May of that year charging Jackson with obstructing a road by -
the erection of a fence. Deputy Mar shal Sullivan held the warrant and
eerved it at the time Jackson was on board the steamer en route to : ;
‘Ww rangel to establish a school at that point. Bail was set at $3, 000 and
hy the time it was posted, the steamer had left requiring 4 month' s wait
for the next one; purportedly, the objective of the arrest.
Shortly thereafter, Judge McAllister, Marshal Hillyer, and
torney Haskett were removed. Former Customs Collector Ball,

returned to Alaska as U.S. Attorney with the uther new officials on

224 OCTOBER TERM, 1901.

Opinion of the Court.

HARDY v. UNITED STATES.

ERROR TO THE DISTRICT COURT FOR THE DISTRICT OF ALASKA.

No. 502. Submitted April 28, 1902.—Decided June 2, 1902.

The action of atrial court, upon an application for a continuance, is purely
a matter of discretion, and not subject to review by this court, unless it
be clearly shown that such discretion has been abused; and in this case
it could not be said that an abuse of discretion was clearly shown.

There is no impropriety in permitting the government to search the mind
of a juror, to ascertain if his views on circumstantial evidence were such
as to preclude him from finding a verdict of guilty, with the extremest
penalty which the law allows. nis

Voluntary statements, made by a defendant before and after a preliminary
examination, are admissible in evidence when made to the magistrate

who conducted the preliminary examination.

Tux case is stated in the opinion of the court.

Mr. Solicitor General for defendant in error.

Mr. Jusricxs Brewer delivered the opinion of the court.

On September 10, 1901, in the District Court for the Dis-
trict of Alaska, Second Division, Fred Hardy, plaintiff in error,
was found guilty of the crime of murder and sentenced to be
hanged. Thereupon he sued out this writ of error.

-In the record appear thirty-two assignments of error, but in
the brief filed by his counsel only three are pressed upon our
attention. First, it is claimed that the court erred in refusing
the defendant a continuance. “That the action of the trial
court upon an application for a continuance is purely a matter
of discretion, and not subject to review by this court, unless it
be clearly shown that such discretion has been abused, is settled
by too many authorities to be now open to question.” Tsaacs
v. United States, 159 U. S. 487, 489, and authorities there cited.
See also Goldsby v. United Stutes, 160 U. 8. 70.

This proposition of law is not disputed but it 1s contended

HARDY v. UNITED STATES. 225
Opinion of the Court.

that abuse of discretion is shown. The pertinent facts are as
follows: The indictment charged the murder of Con Sullivan
on June 7, 1901. The killing took place on Unimack Island.
The defendant filed in support of his motion his affidavit stat-
ing that he had been in custody since July 27; that at the
time of his arrest he had $685 upon his person, which was taken
from him by the arresting officer; that one Captain Mackintosh,
and one John Johnson, captain and mate respectively of the
schooner Arago, upon which affiant came as a sailor from San
Francisco to Unimack Island, would testify that he remained
on that vessel continuously from the time it left San Fran-
cisco until June 11; that the schooner, with the captain and
mate on board, left Alaska prior to the finding of the indict-
ment against him, but that he believed and had been informed
that the vessel would probably return within a reasonable time,
and if not that the depositions of the captain and mate could
be obtained in San Francisco, the place of their residence. The
affidavit further stated that two witnesses, whose names were
unknown, who were both in the employ of the government on
a boat named the Pathfinder, plying in the waters of the North-
ern Pacific Ocean and the Behring Sea, and which frequently
called at Dutch Harbor—within one mile of the place where
court was being held—would testify that they knew affiant in
San Francisco from about March 26 to April 15, and then saw

him in possession of a large amount of money, an amount in

excess of $1500, a part of which was the money taken from
him when arrested. The affidavit also stated that one Major
Whitney, a paymaster of the United States Army, at San
Francisco, would testify that on or about March, 28 affiant, on
his return from the Philippine Islands asa soldier in the United
States Army, was mustered out of the service at San Francisco ;
that said Whitney at that time paid affiant $1875; that the
deposition of said Whitney could be obtained, as he was per-
manently stationed at San Francisco. By these witnesses de-

fendant sought to show that he was on the schooner at the *

time the murder was charged to have been committed, and also

to explain the possession of the money found on his person.

But the date named in an indictment for the commission of the
VOL. CLXxxvi---15

*Z061 ‘61 zequeqdes uo ‘eyseTy ‘ouoN posuey ‘oqtym Speag “ZCHVH

3. Indictment and information 137 (4)

; In absence of any statutory provision authorizing set-
ting aside of indictment because grand jury had received
and considered testimony given by a wife where party ac-
cused was her husband, court held without authority to set
4191) indictment on such ground (Comp.Laws 1913, §

—_+>___.

Constantine Beaver was indicted for murder in the
first degree, and he moves to set aside the indictment.

Motion denied.

The grand jury have returned an indictment in this case
accusing the defendant, Constantine Beaver, with the crime
of murder in the first degree, to which indictment the de-
fendant, Beaver, has filed and argued a motion to set aside
the indictment based on the grounds that the indictment
was found by the grand jury in violation of law, that said
indictment is prejudicial to, or tending to prejudice, the
constitutional rights of the defendant, and that said crim-

inal action, as expressed in the finding of said indictment,
is void.

The specific fact alleged is that one Bertha Beaver, who
was at all times and now is the lawful wife of the de-
fendant, was required to attend before the grand jury
which found said indictment, and that she was examined
and gave testimony against the defendant, who was then
and there the accused and the lawful husband of the wit-
ness, Bertha Beaver. It is further stated in the motion
that her said testimony so compelled or allowed was received
and considered on material matters and things prejudicial
to the defendant's substantial rights.

The motion is supported by an affidavit of the defendant,
who recites the fact that his wife was compelled and al-
lowed to testify before the grand jury prior to finding
said indictment, and further says that said testimony was
compelled and allowed to be given to said grand jury in

- &. —~——

i a i ln Uo bins

‘
%

UNITED STATES y. BEAVER 85

said criminal action without his consent, and further “that
he is informed and believes that said testimony so given
was as to material matters and things prejudicial to his
substantial legal rights.”

The indictment shows on its face that Bertha Beaver
was a witness before the grand jury; her name being list-
ed among other witnesses.

Julien A. Hurley, of Fairbanks, for plaintiff.
Thomas B, Drayton, of Fairbanks, for defendant.

CLEGG, District Judge.
[1] It is the contention of the defendant that under

‘the provisions of our criminal statute, section 2195, and

under the provisions of section 2259 of the Code of Crim-

inal Procedure (Comp.Laws 1913), the motion should be.

sustained. Section 2259 reads as follows: “That in all
criminal actions where the husband is the party accused the
wife shall be a competent witness, and when the wife is
the party accused the husband shall be a competent wit-
ness: but neither husband nor wife, in such cases, shall
be compelled or allowed to testify in such case unless by
consent of both of them: Provided, That in all cases of
personal violence upon either by the other, the injured
party, husband or wife, shall be allowed to testify against
the other.”

Section 1867 under the Code of Civil Procedure (Comp.
Laws 1913) reads as follows: “A husband shall not be
examined for or against his wife, without her consent, nor
a wife for or against her husband, without his consent;
nor can either, during the marriage or afterwards be, with-

cations made by one to the other during marriage, but the
exception does not apply to a civil action or proceeding by
one against the other, nor to a criminal action or proceed-
ing for a crime committed by one against the other.”

The court is of the opinion that the only section that
needs to be considered in connection with this miatter is sec-

‘

NN SOL ee ST ene ae eee ee ee ea Me ee

82 8 ALASKA REPORTS

be a duty which exists at the time when the application for
the mandamus is made. Thus in the case of Ex parte Row-
land, 104 U.S. 604, 612 [26 L.Ed. 861], this court, speaking
through Mr. Chief Justice Waite, said: ‘It is settled that
more cannot be required of a public officer by mandamus
than the law has made it his duty to do. The object of the
writ is to enforce the performance of an existing duty,
not to create a new one.’ ”’

[8] Now, if the court were to hold that it is the

duty of the board under the facts in this case and under
the provisions of section 4 of the act, to issue to the re-
lator a certificate and were to issue a mandamus to that ef-
fect, and they refused to obey, how could the court vindi-
cate its authority and compel its enforcement under the
existing provisions of this law? The defense would be in-
stantly that the law does not require the board nor impose
it as a duty upon the board to grant a certificate, as it is
silent upon the subject as to who is to issue this alleged cer-
tificate.

“Moreover, the obligation must be both peremptory, and
plainly defined. The law must not only authorize the act
(Commonwealth of Kentucky v. Boutwell, 13 Wall. 526
[20 L.Ed. 631]), but it must require the act to be done.
‘A mandamus will not lie against the secretary of the treas-
ury unless the laws require him to do what he is asked in
the petition to be made to do’ (Reeside v. Walker, 11 How.
272 [13 L.Ed. 693]. See, also, The Secretary v. Mc-
Garrahan, 9 Wall. 298 [19 L.Ed. 579]);*and the duty
must be ‘clear and indisputable.’” U.S. ex rel. Interna-
tional Contracting Co. v. Lamont, supra. .

Now it is obvious, without any argument, that this law
and this section referred to imposes no “clear and indisput-
able” duty upon the board of dental examiners of the ter-
ritory under the provisions of this act to issue a certificate
to any person who had been practicing dentistry before the
act went into effect.

2 nnn gee

ti aa blalaod.,

WMA tee.

UNITED STATES v. BEAVER | 83
For these reasons the defendants’ motion for judgment

is granted, the writ will be denied, and the proceedings dis-
missed.

UNITED STATES v. BEAVER,

No. 994-Cr.
Fourth Division.
Feb. 2, 1929. 23
1. Witnesses €=62 e

In determining whether wife of defendant accused
of murder wds competent without husband’s consent, to
testify against him before grand jury, court was tequir®
ed to consider pertinent provisions of Code of Criminal
Procedure only, since such Code was completes without

reference to Code of Civil Procedure (Comp.Laws 191 N
1867, 2195, 2259), Sib Aas)

2. Witnesses 62
Statute rohibiting wife from testifying against hus-
band without consent of both of them in criminal action,
where husband is party accused, held not to prohibit wife
from testifying against husband without his consent before
grand jury considering his indictment for murder, since
grand jury proceeding” was not a “criminal action’.

(Comp.Laws 1913, §$ 2113, 2259).

“Grand jury proceeding” is merely an inquiry under the
law for purpose of determining whether there is probable
cause to belitve defendant guilty of offense charged and «
whether trial jury would have evidence sufficient to convict
him in their opinion, and proceeding does not constitutlea “

trial. — :
= A ead
[Ed. Note—For other definitions of “€fiminal Action,”
see Words & Phrases. ] '

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f Alaske Juneau mine 5US8ested in Ugures released today.
ado Ate dean a | The daily construction service re~
‘2 33%, Curtiss-Wright Ported that awards in the Territorial

arvaster 26, Ken- ep for last January totalled “pi -

tite rarer ig 'B- Steel tor January. 1947. :
SEGQY, weet : The total of awards.in 11 western
were op r 6990 shares | fatates deel ned.” i RE a ar rane

tazare ae fer th sm enper a Ty!

: Amy guided missiles—to mention some of
amy #6433 ,the new and terrible’ weapcns—we
. must hav @. air power that is sus
ish, German ny, March 1."preme,” they said,
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2 Of. the Nazi Pa arty.
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thought to be dead. ohn
Pprenended near Tue-!

Sygerey ATIgue
erties gee att ue SAN FRANCISCO, March 1-4?)

fora surdering Jim Ellen, Juneau.

~ySrecery and liquor store proprics

Ri howd! “OH Det. 22, 1946. “He had ris
;Sinally been scheduled to hang on
4AM
Postponed when ne made a last
minute confession implicating: 2Ey
$POne | toes alias Austin Rollan,

in the erime. Nelson admitted tak.
bing: part fae the robbery of Ellen:
but claimed that LaMfoore had
Wizided the nmurder weapon, *

“Lad Micore was found guilty last
month. for his part in. the. crime;
Stid” has been sentenced to bang |
-here..on April 30.. Notice of 2
}peal-has been filed, however,-and- if
pérfected, ‘would delay the. exectl~.
tie, until the appeal could be
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BEI: $ ere £2 $¥e rs: 4b. Was aithian 2 pxith e
2 wet SC ewrtiiows WW i Bae ated be 8 . . oie we . ‘
ease 35 hesi OAins ater the...
- * Maa er Ss gu bes DEST rah ecg eta e 24 OQ '
wT Ee SEES PE riey AGHA. *y yar had been sprung, ei ASE Tie -alagaaian é
aprons : pie lad de Me ee eee | ee } hea eb he lenting! Kae tO the Sen ata,
. i toy re : +
ut5. Ifans, Chame- Pe ag 4 {Carter promounced hier ae} een : ‘di
tila BERTI f.? - Tris d-«4: Arik fete ae a idnd f t i owe
at ar a rd ta ee Sat ae ie ail, Be ROR” oi er ayes fr at
; wasdeieeaande Vi woe Gil i' ions: 15:52,a m , Wil not-be His wume lang!
: fn h ~). j { y y $4 +
. WOSeB! ways . : Soren iene ¢4 P ,
‘onssiilinclgadan ‘eel. ay ecat ‘ of bis Tei 5 OFS 55 Rae * .
ae miss. O. P.: pe Nelson was fuily cognizant of bis Témoimination to b
WASHINGTON, " March 1.-19— impending dcom through the lone ; a ies
uizte, t. and R. A : s <j 7 ci :dmpenaing aoom through the Ic nig ‘
it. pests. . “. Contress cheare on!
*, Hetetthan, Alecka~ ~~ VOPStoSss ceard a call from its own: hours Sefore he _ taken roi
fe. Stow ree y ~ Okie trig tins Ex 2 ¢ i) Ste :
woud: ET eee Vary} ean: ie? saa ts tod lay to make Am- his cell The Rev. Leo J. Bwe eney My ;
otriveg = :2n .New ahem ae i ad 4 . , j
i the pifer four Friday, “**C% Supreme in the air because the * B. “y. spent niost ae the time. with :
byes | posi Pee ey > AOU Sweat Fy wAtitlt nn n 4 - '
- mr indus Shetie } in SES. 4 “ me I
Ih Paes ce eta tang ap Pvieeeal Gn gustrial phas of the condemn: ¢ 3iS-
C tamea oe 2 3. Fe ots uae bi
ed we Cl wo Cluid- Sat eet — se TBP ere 3 Kata al ‘pare hn rie ae a ; ooo pr an
babe FiEXt Oe ted secu alreg Ln. on the Inns | be ths .
wees | tered bei slg 2215. SORY - :
tOMesttinn gine zp ‘ie 7 Pra, ea ape an me -
watt Sm b32 ~stands-<yulnrerable.t9 bibvsbiiumerteraiinc Repperictey en moemtreens : seaman : - em. LEN Sine
Fi nah 10 eu ae ne ps ‘ SEAS TE ek iy 440 CAL waa, awd a F > :
372 +. fay eRe ob a ! ? PS o -
hniniatton, pitti obec ad Con. | ‘According to Marae iianoney, mn Ed at he Ee
P 5 cecrdi: a ai BilcT cer 4
ressional Aviatio ni Polley Board de- PTE AT PRT ace
beans sree — sworn he would never .
aus . ne
ai % ahy * <; ¢
i — hang:- Mahone lant take any Pee wes pits
etion The six ‘Republicans and four De- chances bast igtit hia owls the The. Aicutian, {rom | the. west!
" Bevery 4 Bioo. iss said vy pS 4 te > a PY ae .. ** -
eiontana and Al- ntocrats “sho set on ow eevens con demned man to a different coy, Pat. arvived in Juneeu soutn-7*
Sevan and ¢ blocs cnuder sre} s St tJ
CCEnt cimmeal Month study sald this country needs, In his old ll were found a dum. 008M? at 7 a.m. with the follows +
CoenE Rect de Bs panes LS. ieye a @] ce Wi re n - pa ~ §¢
$5,039 fighting planes and must | ay pistol from tinfoil ond ing passengers from Seward: How. i‘
&sS a ed a witli Gls endothe re - os ” , poe = 82
Feady- to-spend —ne ori $10,900,006 8 ee bh p , hich ke hea wd Sutton. Mrs--Alene Suton
CGO 2 year to e sir power ¢ fa- spoon iand 2 WwW Stee e § eau seertk ey C:. ¥ Larrehes Mormon C a?
.s mak + eee Tins adhe a sets 3b Oe Sys GAME ON H
“toenlnatins- factor in. eect apparently planned to make inte & Aten:
x Atenas
amide lis
bad ¢; 7, > eaeiiiin is ‘
, Sudes hee a ms q wets 2 F
YORE PERLE. ACT H Iso left letters behind ¢ { 44S Aleutian Sanen 2b &
! ss y's defen: 4 ourselves ° in the age £18 or a lef tors wer betet Ow | mew Lou 63%, aeete By ha folate
' S a thy ered to U. 3. Di sneer At OF ER o5i€ Wraial BU - abe Heda
, be ate :
of atomic bombs, of fadioastive-dust, eee anges senger .

Miss

in dittier, Mrs. Matt Holm, ¢. t.
Cain, BR. Schmitz, D. smn

H. Sonderland: Bi Sperling + Fr.
_.Wiliants, Thusne Hogue, Les: ae Fae)
rit, Gus Adams, Bul Graves,: Dave
Graves, Dick Hanson, Bui ‘Logan, Ty Pe

~W,’ Raines

en. * :
For, “Wrangell: : Henry Lanting,

‘Heney’ -Leu- Porter, ~ Mrs. -

, Barnes, - Andy > Barlow, Pe.

Barlow, ‘Jaek° Olson. = oo
Por Seattle: Lela McSpq

ek Smith, E.

cn. Atigus,<~B,> Westby, «Mn, 22
i Weatby B “Bert. Jensen .

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FO yee 83
weld? Blake

PNECUPIAN

The first execution in Alaska took place in Wrangell on Dec, 29th
1869. % A stickine indian by the name of Scutdoo was convicted
‘by an Army Courtsmartial on December 28th of the murder of a
white trader in Wrangell and was executed by hanging the next
Gay. Actually, the Army had no jurisdiction to impose this
sentence.

The incident is reported in "Bombardment of Wrangell, Alaska"
S.Exec. Doc. No. 68, 4lst Cong. 2d Sess, 1870.

There were a number of lynchings that were initiated under miner's
‘law in early Alaska.

In the Fall of 1877 a whiteman by the name of Boyd committed

a murder in a Wrangell dancehall. A miner's meeting was held,
because there were no courts in Alaska at that time. A judge
was chosen from amongst the miners and counsel appeared for both
_.the prosecution and the defense. Bovd was found guilty and

‘was sentenced by the miners court to be hung, He was executed

., the same day.

. The story is told in Wrangell and the Gold of the Cassiar,
by Clarence L. Andrews (privately printed 1937). It is
also repeated in some of the early army records.

* Two indians were also found guilty of murder by a miner's court
- $n Juneau in July 1883 and were hanged on the beach, This story
“is reported in Sourdough Sagas by Herbert L. Heller, p. 20. It
is also substantiated in some of the early naval records of
Alaska.

‘There was also at least one hanging by a miner's court in

Valdez during the gold rush of 1898, but I don't have any
specific information on that.

Lk bl LhMcegne

“ gienatgugnaelsagdscrledacelas#piatos dain sais?
Sata g 2p iSlg ly Tote rag date azasisisesis is 2i3i3

Published by The World Publishing Company
2231 West 110th Street, Cleveland, Ohio 44102

Published simultaneously in Canada by
Nelson, Foster & Scott Ltd. +

FIRST PRINTING 1967

All nights reserved. No part of this book may be
reproduced without written permission from the publisher,
except for brief passages included in a review appearing
in a newspaper or magazine.

Library of Congress Catalog Card No.: 66-2 5883
Printed in the United States of America

sant cams ile Nai ttl i a a an ni te DC 2

I ae

on
as

por ot

CHAPTER I

MILITARY GOVERNMENT BY THE ARMY
OCTOBER 18, 1867 THROUGH JUNE 15, 1877

Initial Development

. . -(T)he ceremony was interrupted by the catching of the
Russian flag in the ropes attached to the flagstaff. The

_ soldier who was lowering it, continuing to pull at it, tore
off the border by which it was attached, leaving the flag
entwined tightly around the ropes. . The flag-staff was a
native pine, perhaps ninety feet in height. In an instant
the Russian soldiers taking different shrouds attached to
the flag-staff, attempted to ascend to the flag, which,
having been whipped around the ropes by the wind, re-
mained tight and fast. At first (being sailors as wellas
soldiers) they made rapid progress, but laboring hard they
soon became tired, and when half-way up scarcely moved
at all, and finally came to a stand-still. There was a
dilemma; but in a moment a ''boatswain's chair", so
called, was made by knotting a rope to make a loop for a
man to sit in and be pulled upward, and another Russian
soldier was quickly drawn up to the flag. On reaching it
he detached it from the ropes, and not hearing the calls
from Captain Pestchouroff below to ''bring it down",
dropped it below, and in,ifs descent it fell on the bayonets
of the Russian soldiers.

The American flag was hoisted without incident by George
Lovell Rousseau, son of General Rousseau, who was serving as the
latter's personal secretary. Undaunted by the events attendent upon

the lowering of the Russian flag, Captain Pestchouroff proclaimed:

1
hs Congress, House, Report of Major General H. W.

Halleck, Commanding Officer, Headquarters Military Division of
the Pacific, San Francisco, California, Sept. 18, 1867, 40th Cong.,
end Sess., Exec. Doc. :No. 125, 1868, p. 4.

THE ADMINISTRATION

eset) Seapkae hs, yr! ie isl Rare

ore te

E IN ALASKA

OF CRIMINAL JUSTIC

1867 to 1902

7
! Copy

Berkeley, California

. \ » a
right Tom Murton 1965

' 4 t A a ye s
‘ P, vi A. LV) .
UAE ‘

_
—

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RAED So

ie BRR Biba nega o Sac

Hae ig gegen z
we

Figsotcr oS

Me a , at Naru, .
East 2exas Historical ae, March, /FOS”

eet

iPr ? thie

their arrest, but the investigating officer, Lieutenant M. R. Loucks, quieted

the affair without arresting anyone. Later, Smith discovered that the
Indian had not hit the boy after all.63

As Christmas, 1869, arrived, Leon Smith could think back to that same
day seven years previously when his commander and friend, John B. Ma-
: gruder, gave him just two days to prepare a flotilla for an attack on Gal-
£e veston. Little did he realize that this Christmas would be his last.

The trouble started late Christmas night as Mrs. Jacob Miller, a laun-
dress and the wife of an army sergeant, shook hands with a Stick Indian
named Lowan.*4 For some strange reason, Lowan bit off the third finger
of Mrs. Muller’s right hand. When Lieutenant Loucks attempted to arrest
Lowan, a fight ensued, and Lowan was killed. This apparently ended ihe
affair, since Louck dismissed his men, but Scutd-doo, a friend of Lowan’s
Rt had seen the incident and determined to get revenge. At 10 a.m. on De-

cember 26, shots were heard near the Smith and Lear trading post. Lieu-
{ tenant Loucks investigated, and found Leon Smith “lying on his breast
: upon a low stump alongside the plank wall, with arms extended and a
if revolver pistol fallen from the grasp of the right hand.” Smith was taken
Rt to the post hospital, where it was found that fourteen bullets had “pene-
: trated the body on the left side, just below the heart, and three in the left
wrist.” He lingered on for some thirteen hours before he died at 11 p.m.,
f December 26, 1889. Lieutenant Borrowe reported that “His sufferings
were terrible, and death must have been a relief.” Smith’s body was put
t
{

on the steamer Newbern and taken to San Francisco, where the burial
took place.

Sige east Moe! Fikypuadb | Pea ws | Vell SRE hgh sh hE Ce MA aed

Sut Tir toon LF

{ Upon investigation the murderer was discovered to be the Stick Indian
ay : Scutd-doo, who after some difficulty was delivered to the military forces
rt for trial. The court-martial jury consisted of Lieutenants Borrowe and
Loucks, William K. Lear, post trader, and Acting Assistant Surgeon H.

oT ee

* e z* é » of < a ow r
ing PA el lk gly ATR FONE RB NG RR A ERE OF RE Te BaD! AES: AERO coal. ae

r bs Le Exoe. Pew. VbY, Hat Gry. mt Loser <n
: One hg Ore FOOTNOTES |

1D. J. Baldwin to Wililam H. Seward, October 13, 1864, Official Record
i of the Union and Confederate Navies (Washington: Government Printing

Office, 1894-1927), Ser. I, Vol. XXI, 684-685. Cit oe
y Records, Navies. , . Cited ° eel as Official

———e

s : ty M. Kirke. Scutd-doo’s status was never in doubt, since five chiefs of the
; : I tribe testified to his guilt. His hanging was decreed at mid-day, Decem-

13 : : ber 29, 1869. The execution was to take place in the presence of the
5 Ri ok troops, citizens, the five chiefs, and the body was to remain hang'ng
be? or | | Hf * until nightfall, when the Indian’s friends could remove it. When the sun-
e i if tence was read, Scutd-doo replied “very well, that he had killed a tyhee,
‘ee Be and not a common man; that he would see Mr. Smith in the other world,
3 : and, as it were, explain to him how it all happened; that he did not intend
PA to kill Mr. Leon Smith, particularly; had it been anyone else, it would
gly have been. the same.’’65 :

}

er eI Py
pe aSA Ce Ee HERES

?Francis R. Lubbock (C. W. Raines, editor), Six Decades in Texas, or

Memoirs . ;
18085, ns Francis Richard Lubbock (Austin: Ben C, ares and Company,

cithubtiet ingalcreesiuaihike

’

4 208, H. Cushing to Magruder, December 10,

daw reed Koutd-dew nay weet SY

dlask Dee. kb Phe
a pe A segs 189. 5f

East Texas Historical Journal e

i 3Baldwin to Seward, October 13, 1864, Official Records, Navies,

Vol. XXI, 684; Jackson Mississippian, February 16, 1863, as quot«
T. Scharf, History of the Confederate States Navy From Its:Oric

to the Surrender of Its Vessel (New York: Rogers and Sherwood,

584. &

4Newton D. Mereness, “Caleb Blood Smith,” Dictionary of A
Biography (20 vols.; New York: Charles Scribner’s Sons, 1928)
244-245, :

fe aa

5Lubbock, Six Decades in Texas, 432. ie

6Major General John B. Magruder to General S. Cooper, Febri
1863, War of the Rebellion: A Compilation of the Official Record
Union and Confederate Armies (Washington: Government Printin
1880-1901), Ser. I, Vol. XV, 212. Hereafter cited as Official

Army. 7%.

7Lubbock, Six Decades in Texas, 432. | aes

8Robert G. Albion, “Charles Morgan,” Dictionary of Americ:

raphy, XIII, 164. ee
°E. B. Nichols to J. C. Robertson, March 23, 1861. Official
Army, Ser. I, Vol. LIT, 658. ad

10John S. Ford to J. C. Robertson, February 22, 18615- Feb:
1861; March 6, 1861, ibid., 651-652, 655.

11T, M. Jack, Adjutant, Battalion Orders No. ...... , The Rio G
pedition, February 28, 1861, ibid., 660-661. pa

12Major F. J. Porter to Lieutenant Colonel Lorenze Thomas, I
1861, ibid., 487. z!

13 ley G. Wooten (ed.), Comprehensive History of Texas,
(2 a. Daliae: William G. Scarff, 1898), II, 523-526; Henry L
J. P. Benjamin, February 21, 1861, Official Records, Army, Se
III, 819; Major C. C. Sibley to Brevet Brigadier General Jgrenz
June 3, 1861, ibid., Ser. II, Vol. I, 49. “ am

4Log of C.S.S. Bayou City, Master P. F, Appel, C.S. ee
ing, November 8, 1861, Official Records, Navies, Ser. I, Vol. X

15W, W. Hunter to Commander of Steamer General Rusk, N’
1861, ibid., 850.

16Jbid., December 7, 1861, p. 858.

17Leon Smith to W. W. Hunter, January 20, 1862, tbid..
XVII, 161-162.

18]bid., May 2, 1862, Ser. I, Vol. XVIII, 848-849.

19X, B. Debray to General P. O. Hebert, September 28, ]
Records, Army, Ser. I, Vol. XV, 815. =

1862, tbidy 89°

Frontier Incidents at Juneau

Sotto tet fete WITH WH Seoedevetror ys wer

D. A. Manphy

I came up on the Steamer Idaho with Captain Carroll Master and
landed in Juneau on July 10, 1883. At that time there was only a
monthly steamer. Silver Bowl Basin was the placer mining center, and
on the Silver Bowl Basin trail about two miles from Juneau on Gold
Creek there was a man who had a saloon.

There was no civil law in Alaska, as it was a district and we
governed ourselves by miners’ meetings. At the head of each meeting
we had what was called an executive committee. I can only remember
the names of two of the committee of the meeting at that time. One was
N. A. Fuller, who was well-known here, and the other was Carl Kohler,
the head of the Northwest Trading Company at that time in Juneau.

It developed that three Indians who had been drinking had gone up —

to this saloon on Gold Creek and demanded liquor, which was refused
them. They then beat out the brains of the saloonkeeper with a bung
starter. The alarm was sounded and the Indians captured, and, they
admitted to killing this man and were placed in jail, with an old man in
charge as jailer.

He had confidence in the Indians and, before they could be brought
to trial, in doing something around the jail he laid down his Colt 45
pistol and one of the Indians took the pistol and shot him. Another old-
timer who had been drinking heard the shot and rushed up there as the
Indians came out of the jail and they shot and killed him also. The
Indians then took to the woods and we started out to hunt them.

We found one Indian and he was brought to trial before the miners’

[24]

Frontier Incidents at Juneau [25]

meeting. An attorney for the prosecution was appointed and one for the
defense. A jury of twelve men was named. A night session of the court
was held and the Indian admitted everything and was of course con-
victed and sentenced to be hung. The next day the scaffold was erected
on the beach.

It just so happened that just as we hung this Indian the monthly
steamer came in and tied up to the wharf and of course the people on it
could see what happened. There were quite a number of tourists aboard
and between sixty and seventy white men in Juneau at that time. So
that we would all assume equal responsibility for hanging the Indian we
all pulled on the rope.

The search continued for the other two Indians. Three white men
searching together suddenly came upon the Indian who had the te-
volver. He attempted to get the gun in action but a 44 Winchester
bullet struck him between the eyes. Later on that same afternoon the
third Indian was taken. We then decided that as long as they had
pleaded guilty it was useless to hold another meeting, so we hung the
last Indian on the same scaffold on the beach. It so happened as we
hung him the steamer left the wharf, and upon the return of the next
steamer we had clippings from all over the world saying that we were
hanging Indians just for fun.

This was in 1883. Some bogus gold dust was in circulation and a
man named Charlie Forrest, a machinist, was accused of making this
and circulating it. The gold dust was brass filings and chippings. A
miners’ meeting was called and they tried him for circulating it. Several
ounces were produced as evidence and placed in a glass. Acid was
poured in on it and the result was a dense cloud of black smoke arising
out of the glass.

The meeting was held in the dance hall and was packed with miners
and as it was summer the door was open. I went in with my dog which
was quite a fighting dog and met another dog. The result was a real dog
fight. It was so good that the miners forgot their meeting and went out
and bet on which dog would win. After the dog fight, the meeting
resumed and Forrest was acquitted.

In 1885 there was lots of work at the mine digging the glory hole
and the local Indians wanted this work but a great many Chinese had
been employed by the company and there was trouble between the
natives and the Chinese over this matter. A citizens’ committee held a
meeting and decided they would ship the Chinese out of the country

Julia Tutwiler Library
Livingston State College

a ae gee

A aA eI OLSEN NRT 5

Court decision in the case of Harrison vs. Cross (16 Howard, 164-202)

it was held that the acts regulating foreign commerce take effect ipso

facto, without the necessity of fresh legislation, with the acquisition by

cession or conquest of all new territory. His conclusion was that the
War Department, as representatives of the federal government, had
legal authority to exercise control over the Indian tribes in Alaska
(Appendix B)..

The military commander at Sitka posted cede requiring all
Indians desiring to move from the Ranchl®5 to obtain permission from
the Army. In January of 1869, several Kake Indians attempted to leave

Sitka contrary to these orders and return to their village of Kake. In the

brie a A Se etre earn
struggle that rseevtge a sentry Biot and killed one of the Indians. To

prevent a wholesale battle, the Indians were allowed to leave Sitka and
return to their homes. It was later learned that they had retaliated by
killing two white men in Chatham Straits while en route to their village.
General Davis proceeded promptly to the village to punish them, Finding
that the Indians had all fled in fear to the woods, General Davis ordered ;
the systematic destruction of the entire village including all crafts left
behind in the water.

Major General George H. Thomas, Commanding General of the
Military Division of the Pacific, made a tour of his. command in 1869
which included inspection of military posts in Alaska. General Thomas'
report to the Adjutant General of September 27, 1869, indicates that
General Halleck's instructions to the Army commander in Alaska, to

hold the Chief responsible for the actions of members of his tribe, had

been strictly interpreted as authorization to hold the chief hostage pend-

ing the delivery of an offender.

15 ,
The ''Ranch'"' was a term used by the Army to designate any
Indian settlement adjacent to a town or Fort but not constituted as a

distinct Indian village.

"General Rousseau, by the authority from his Majesty the Emperor of
Russia, I transfer to the United States the Territory of Alaska." General

Rousseau responded: "T accept from you, as agent of His Majesty and

Tsar of all the Rus sias, the territory which you have transferred to me

as Commissioner on the part of the United States to receive the same.''14
Thus was the auspicious beginning of the American rule of Alaska.

While the officials were untangling the flags, H.M. Hutchinson,
a merchant from New England, was busy loading the steamer with goods
purchased from the Russian American Company. He had come to Sitka

early and persuaded the Rus sian Governor to sell the entire stock of the

Hi dian st
Bes eo eae i Ser Hin

fur company for $65, 000. In addition to dry goods and frontier stock
items, several ships in the harbor were also included. Hutchinson
stored most of the goods at Sitka for his future plans. A lesser amount,
he shipped to San Francisco to finance his endeavors in the fur-seal
industry. For this portion of stock purchased from the fur company,

he received over $250, 000.

Eleven or twelve buildings were turned over to the military
commander by the Russian Governor. One week was required to com-
plete the inventory and the details of the transfer of the Territory. On
October 20th, Captain Howard, as instructed by the Treasury Department,
purchased a customs -house and a boat with two pair sculls and awnings
for the Collector of Customs. — The safe of the ''Lincoln" was donated for
the use of the first civil official, WwW. S. Dodge; a special agent of the
Treasury Department and Acting Collector of Customs. Captain Forsaith
was given a regular appointment as deputy customs collector and stationed

at Stikine River November 2nd.

14 pid., 6. 3.

ppeemate eyecate) Rts Be” mempermueae se

sanctus abi nae

On October 28, 1867, Secretary Seward asked General Ulysses
S. Grant, Secretary of War ad interim, to instruct General Rousseau
at Sitka to remove, by force if necessary, the intruders who had attempted
to pre-empt land in Sitka.

The military policy which soon evolved towards the Indians was
to establish forts in the vicinity of the larger tribes and villages and to
rely on patroling of the coastal regions with a man-of-war to impress
the natives with the virtue of remaining seadeful. This was seen as a

method of encouraging white settlement with little increase in the number

of btOODS and the avoidance of Indian wars.

0d doa

nett) filet het

laws of the United States regarding customs, navigation and
commerce were extended to Alaska by passage of the Act of July 27,
1868. This act established the Customs District of Alaska with the port
of entry designated as Sitka. One collector was authorized for Sitka with
an annual salary of $2,500 plus fees not to exceed a total income of
$4,000. The act also prohibited the killing of fur bearing animais and
assigned the responsibility for enforcement to the U.S. Revenue Marine
Officers of the Treasury Department.

During the summer, General Halleck transferred four additional
companies of Artillery to Alaska. With posts previously established at
Sitka and Fort Wrangell, new posts were to be opened at Fort Koaiak,
Fort Kenay (Kenai), Fort Koutznou in Cook's Inlet and Fort Tougass
(Tongass) on Admiralty Island. The company destined for Fort Kenay
was shipwrecked and forced to remain at Kodiak. .

In General Davis' report to Genexal Halieck of September 22,
1868, he recommended that repre sentatives of the Indian Bureau not be
sent to Alaska and that civil government not be extended to Alaska.
However, he urged the provision of civil courts of general criminal
jurisdiction at Sitka. and Kodiak. |

On January 30, 1869, Secretary of State Seward advised Major
Ge ne ral JohnM. Schofield that pursuant to the United States Supremé.

Le pM FEIN OLE IT Ae ET NT nee FOR PEIN EC NEI RENEROA! OTOENE SPOT PY EI HA aan elie ee

Taos y mesa WW AGAIN, ¥yoming, Noy

iuding, suite web belt strapped | ——_—_________.| Five men were Eilled in a c;
His aImMs ww nis-side-cs he-walked}-——— og Om ma Ca ve-in—near. here and- fron,
a ; 1 between Mahoney and Deputy | ch way H EN ase ete i the wife of one of the Victims |
cE ‘Bi |~ Marshal. Walter—Hellan,. Spiritual Uy ¢. Het ent p ia pee ee
' ivisors, the | r » Nae . tars. Lee Stackhouse was st
{ advisors, the Rev. Ww, G. LeVasseur | } 8 ne econ shea
hs 5 i and Capt. Stanley Jackson, had en-! 4 | Well in the horizontal entry
9 H tered the executon chamber a Mo0- | rece afl em em f Peis (mine talking with her hv
3 ment before. | i i esaGudd Ly \7 /When the roof collapsed. F
Pa ag { After Charles Spoke his final) 4. Jes a FH SF jrock Narrowly missed her 4
ee remem words, his ankles were strapped to- ran ai | fled. : |
iratiseeil gees 4 gether by another white belt. With | Hone i LX ENr eye; Stackhouse was trapped wit
¥i the two officers supporting him, he! ug iq | HE estiste ita \\ | crew.
then shuffled inch-by-inch to the | re WCsBEC ie, -
Cemtiepf the trap. Some difficulty | | fA e F
. i a

was experienced in pulling the black ip

: C4) ayer his abundant black hair. Ma- ‘Says Action of Uf. 5. Linas | wi DLS

“#——-— honey difted the nouce from a peg at!

D
ere

ee the side of the scaffold and pulled. Legal But Still Open
{ it snugly around Charles’ neck. The | é bi
i hianeman's knot was adjusted just | lo Question i
back of his right ear. The Deputy’'s ae

= @ hand on his shoulder supported the | fore |
; erect prisoner, who Clasped his WASHINGTON, Noy. 10.—-Presi- |

ee Lrown hands before him. | dent Roosevelt said today the trans-{

: ° _ as ay. nisnal to” Executioner-—--—-+fer-of eight United States Line -ves-4-_

At a signal from Mahoney, Hellan | sels to foreign registry js legal, but |
flipped a switeh at his side, evident-; the question as to whether or not it; A Gg mn ira if
5

ly to turn on a light ag a signal to! will -be permitted is Still being stud- ;

a Deputy in another room who actu-'ied from the human as well as P -~ di g0
aly sprung tha trap. — : the Property angle, y ment egar a ver
a= : Charles fell and swung at the end; Discussing at his press conference due Auyiliany Shi
ee cf the rope. witifout a Sound and the situation created froin the na- SEY MUA jowii p
Without a motion. He must have died fion’s North Atlantié sea lane-as a ae RG:
instantly. The floor of the Platform i result of shipping restrictions inghe{ LONDON, Nov. 10—The Brit

partially hid fram the witnesses the} Neutrality Act, the President report-; Admiralty announces today that t
upper part of the dead man’s body./ed he will recommend to Congress {“HMS Northern Royer, a sma}! au

Fifteen feet below, a plank stand | that seamen thrown out of work be|iliary vessel, is considerably overd
Was set up so that the doctors could | placed under the Social Security |4nd it must be presumed the BE

examine the body. Dr. EB. P: Vollert ! program and receive old age pen-| 1s lost.” . : ae
made the first examinatéon. Then sions and Unemployment insurance | Be é
Dr. W. W. Council) Pronounced the} benefits. ~
single word, “dead,” at 8:52. | Insisting the transfer of the U, S.'§
A Deputy telephoned to the under- Line vessels to Panamanian registry
taker, and by the time Witnesses | is legal, the President Said, however, ii
left, a hearse was backing into the | that other questions are being dis- |
courtyard. ; cussed to benefit not Only laid up}
The execution was Carried out | crews, but ships themselves.
smoothly and expertly, although it President Roosevelt’ said he will
Was the first ever held in Juneau. discuss with maritime labor leaders aes ‘ sts
Remained Calm j today, the prospects of working out} NEW YORK, Nov. 19, — Georg

wrens
Sayre
ey
EP}
Le]
*
4

LOTT ene oe

Nelson Charles was calm through-!4 Maritime Commission project to} Denver Guggenheim, only Son ©
t out the night. jailers said, and ate a Rive training under commissioned ; Simon Guggenheim, philanthropis
f hearty breakfast. He Slept about an/ officers fo officers and seamentand former United States Senato
hicur and a half. Both the Rev. Le- | threwn Out of work and pay them! from Cdlorado, was found dead i
‘ _ Vasseur and Capt, Jackson had in-/th gh the Government duringj/a hotel room here this morning.
terviews with him as the witnesses ‘, ; There was a bullet wound tn Gug-
gathered at the jail and presented Dine -P—o—~@. genheim's head and a rifle lay unde:
their blue “invitation” cards. On a - ies the body. Ber Rites *
“rack at one side of the jail office The police listed the death 3
hung a double-breasted blue serge “suicide.” . 2-0-2, se
Coil bearing a tag which read :
“Nelson Charles.” On the wal! Was | - ih sone at
the blackboard tally of Prisoners in eee
the variows cells. Witnesses knew! PARIS: Nov. 10.--The Genera]
that one of the figures would be | Siaff-in a cemmunique tonight Says} WACO, Tex., Nov. 10.
erased within an hour German troops attacked late this af. {zabeth” at the dormit
é After signing the official Dapers.{'ernoon in two localities ‘but were | Baylor university an
: Witnesses were ushered by the Mar-| forced to fall ha ck under heavy! girls who live there
“shal around -the side of the build-| French. infantry and artillery. fires. en
ing and into a small cubicle adjoin - oe ee ee BERMUDA |.
ta Od eR ae THERE ARE four towns tn the! Great Britajn’s* we:
(Continued on Page Bish United States named Akron, Squadron,
et x ‘ baa

at the time of the crime. Rather, he said, death was justified because the
law permitted a capital murder conviction where a murder occurred during the

commission or attempted commission of a rape, even without intent to kill.
<dd>According to the local newspaper account, Ziegler did not make the
closing argument for the defense, but instead left it to his partner, W.B.
King, to present the argument to the jury. If this account is correct, it is
surprising, since there is no other evidence of King’s involvement in
preparing or litigating the case. (Ziegler’s own lengthy memoir of his life

HTTPWEBS. TXT

at the bar contains no mention of his own work on this case. )

<dd>The jury was expressly instructed by the judge that the race of the
defendant and of the victim should not be relevant to its verdict. The jury
was also instructed to remember that the killing of an Indian "was as much of
an offense as the killing of any one of you would han offense as the killing of
any one of you would have been."

<dd>The case went to the jury at lunchtime on Friday, April 14, 1938.
After four hours they returned a verdict, finding Charles guilty of first
degree murder. The jury also decided that the penalty for the crime would be

death.
<h4>Post-Conviction</h4>

<dd>The week after the trial, Ziegler filed a "Motion for New Trial." He
made several strong arguments, but the main challenge was based on a claim of
newly discovered evidence. This evidence was the testimony of a retired U.S.
Marshal, William H. Caswell, who lived in Ketchikan. In an affidavit, Caswell
stated that he had known Charles for many years and that, "when not under the
influence of liquor he is a quiet, peaceful and polite person and I have
never known him to even have an argument or get into trouble of any kind." He
said that Charles’s behavior and appearance were, however, transformed when
he was intoxicated and that he had seen Charles in this state a few days
before Johnson was killed:

<blockquote><blockquote>I met him on the street in Ketchikan within a few
days prior to [the date of the murder], that he was drunk at the time;
that after he passed me on the street, close to the Federal Building in
Ketchikan, Alaska, he turned around and hailed me and came up to me; that
he was drunk and commenced crying and apologized to me for being
intoxicated; that at said time he had the same bulging of the eyes and
stare and had every appearance of an insane person; that from my
experience with the man, my observation of his action and conduct when
drunk I am convinced that intoxication produces a condition in his mind of
insanity. . . .</blockquote></blockquote>

<p>
<dd>Caswell stated that his experience in law enforcement had led him to

conclude that some people when intoxicated had no idea what they were doing:

<blockquote><blockquote>From my personal observation, and with the firm
conviction and belief in my judgment, based on long experience with
Similar cases, that the defendant at the time of the commission of the
crime charged against him was crazy drunk and entirely irresponsible for
his conduct and actions.</blockquote></blockquote>

<p>

later, perhaps? But none of that now; nothing less than a miracle can save
this fellow, and there are no miracles in this life; we know no other.
Soon he will be a stone.</blockquote></blockquote>
<p>
<dd>Having arranged the noose, Marshal Mahoney stepped back a step, raised
his arm, and softly said, "OK." Walter Hellan, the Deputy Marshal, flipped a
switch on the wall next to him. Gaffney remembered:

<blockquote><blockquote>The deputy reached somewhere toward the back wall

and at once a clicking noise commenced. It was loud in the quiet, widely

spaced clicks, which seemed seconds apart, loud yet muffled, un-mechanical

sounding clicks; the water near me dripped on, drip, drip, click, click,

drip, click, drip, click.
<p>

Then, the clicking stopped with the louder sound of the trap’s springing.

There it was; the square of wood on which he stood fell away and he fell

toward the pit, fell then swung. Not a movement, just swung, turning,

turning, now right, now left; like a stone on a string, a bit of paper on

a cord, held in the air for a kitten toer on

a cord, held in the air for a kitten to leap at.</blockquote></blockquote>
<p>

<dd>Nobody spoke; they stared at the swinging form below them. According
to the witnesses, after the drop, Charles neither moved nor made any sound.
The Marshal walked off the platform and went downstairs to help one of the
dctors climb up a pile of boxes to determine whether or not Nelson Charles
was still alive. Then the other doctor made his examination. "Dead," was all
he said once he reached the body swinging from the rope.

<dd>The wooden wall that had been nailed up onto the side of the staircase
was removed by men outside. The witnesses were asked to leave. As they walked
through the gate, a black hearse pulled through the gate towards the jail.
One of the newspapers reported that the body was recovered not by cutting the

HTTPWEBS. TXT

noose from the rope, but instead by pulling it back up through the trap.
<dd>Al Anderson, dropping his voice to a gravelly drawl to quote Mahoney,
remembered what happened after the hanging:

<blockquote><blockquote>And afterwards, I’1ll never forget, the United
States Marshal congratulating Walter Hellan on the "smooth job, well
done." And I think after that that I went downtown to a bar and had a good
stiff drink, then came back to my office at the Alaska Daily Press, wrote
the story, and everybody stayed away from me because they knew I had
enough on my mind.</blockquote></blockquote>

<p>
The Daily Alaska Empire commended the job done by Marshal Mahoney and his
deputies: "The execution was carried out smoothly and expertly, although it

was the first ever held in Juneau."

<dd>Nelson Charles had asked that a funeral be conducted by the Salvation
Army. He was buried in an unmarked grave in Evergreen Cemetery, the only
graveyard in Juneau. This writer has not yet discovered what happened to his
wife and his daughter.

<h4>Conclusion</h4>

“, tothe exelusion of allothers,

Ms ox. ie at Le | * ae
32.3 osha Made port o 7a] p. ardly finishe : * \ oem
Site a pi eS oe had hardly finished the introduce iS rttnittely themed business overt =
Reith akise Wateee oe ep ON OF preliminary statement When [to afierd a means for many unserupu ee
Umer ior Valdes Be he was informed by the Marsala} lous people, who Bin to bling the tit- :
Wighe e Cae ed ea that he had ten minutes left. Fath-|V27™ eget ee Wabionite ad 4,
Friday no 2 with the tuachinery fur exe SBC ay y- ee siitatentapecy Price and beast fal elsises 1 WF tp x
= the building of tha dock aud a large | ©? Fttned we eee Prayer and reality have nothing to substantinte Se
aneaiiirs? Cook had suggested to the prisoner that theirelains, no reputation at stake, ne ()
3 - , : he would better attend to thiaga in| no past record as ewe’ x. is better te Hh
f° VYebster an crew cf men ar- : ‘ e lieet., f \ |
Cae aed soe} 23nd. Bird then Seemed to skip | Pay a littlemore for the seed and (Oe RPILLIC
. vived op the Honita and Will commence . ia | ; gt ist ces eit
7i . aragraphs aud paz 3 of his paper sored ate great dial om at the haryv- 4'2Z~ siste
. work abouce ou the new goverument | Paragrap P2lge3 CF his paper, est hy sowie Pans Sa 7 rT} Pros
gE SwtNy SUMING Ferry Seca. the 1903
dock. Which was probably typewrittin, Seed Annual which is seut free post. | 4x the sk
Ber RRR a NO. eam COD ar REMamacE Oe * > aapemmne Weer punta ne as oe pra tee J the stoppin
ee 73 Judgu-de Cisd baa’ ery painfol and, Probably, because of trying to paid will be found unusualy Interesting Whitening,
3 operation perfirined lest Weduesday | find special parts was -somewhatdand inaireetive, Write for it lo day.| core hands,
anit will be confined to his bed for} confused and finally left cf readine Adidresa, D. Bl. Ferry & Co, Detroit, ‘olan aces
‘ setuelime fe ee and-appealed-to. the aulience—ty fica ~ = } omen use
| Bishop Rowe lef on the Bonita last! know whether they, as intelligent 5 a prenntes 8:
3 wi S ; ssi REE Se nn aaa QTrar Ti Rw gm 5
: Beitiday tor” Juneau, Douglas aud men, believed that he deserved 1o{ STOCK TO His += <GLASS, spiration, in
© . , ais ; nic nesses ‘
: Ketebikan where be will visit thel be hanged, and 28 NU rexpounse was] myo E2cilsh Diplomat Were It, Sven purponie wil
3 churches of his digvesg = made he proceeiled with bis state- Wen ie Was Cagsizea in. fo women, ¢
hig ~ “Dr-Keler-teft-on-the—Bonits—tast mrent—untit some BULRESTiOnN Fe- ee - the srer sk
* Bouday fer his hoineat Stagway. Tuelininded him that his time War} _Meeantly a party from the embassies | therrertoi!
3 Socterwor well piesed-with-tisstay" abort when he asked those present Biba Ge eis to inspect ine Conn.
iz. ‘tn a: sips rhein at . é iSlernatiozal lifeboat nervice ti the aad-scates-p.
ne Intends making auvther visit this to-read —hie—statement—which he | Blseck seacoast. At one uf the life. Goricc Ra U1
mga eth ~~. | handed to the Priest. Me was saving stations they thought they aed Beal and
, Phe regular rheeting of the Aleakan eecarely strapped, go thats? the Nabiac wien bal Seid thoomehon
23 ‘ 2 moe > we Ne t Sa ury aud Evb- ‘ e ies iia ste = : "OG vi 60,¢ ned aang | IES Ves £2 fos, 37
a Ratiety bed Pear: ise "3 , | 48 Could neither move Meath ax f9.4°| ior bathing costed ne cork jackets. ane 458 Cane.
fo Nese ae neose was placed aroaal ’ his] they each took an osrina lifeboat, tis | sa
ox tlousa ca “uucuy, tue o 35h.) St neck the black ctp placed aver lis | te buge dslight of the Turkish buat- f
Be & bp. in. , 2, - ne : « - mza. « fete ~*
ae ~~“ Gollecket Jarvis Gh ce ies {beat the trap “was sprang | 5 One cf the seerstarics of the British
“=. ie arvia Bat 23 a * ae paltagh heise
- 23 ; Collector Jarvis te on the Bonita sad ‘in thirteen Ruluutes the | embzzay fs never sven without an eye,
om . Briday for Washington, where ‘he SES | heart ces to. beat, while death | 1223, end is sid eren to sleep with it | 42 Photogra
> 2) | been summoned by the Seoretary of) ASSP rapa tliat diane On-this-cesaz ithfulto-his ET
- the treasuary department | | RRO Rave tea luctalidnecas, |... nlyeeberkedstrp on oR
ib? ETSASUS. ee By c. , ? = NS =
~ —— “Ses bis lenach Fe rigs Abthe | Sorks Sacket and eyeztars:—Atthe prop Copy ~of On:
223g Peter Koenstbo® be : idiots er oe ee
le _Poter- Freen as_his leunch { rend-of-e MANNS rps was) ef Clareises were cons through, and cawtbe Up-i

watied : . -Snally the isat was eapaized and
ee inintnnts SF, y a . ? ° 7 ’
between eases and the body prepared ani tightedarain by Its owncrew. As they | Sent FREYF.

Bey i plaéed fa. the Cen, the remaiss crept out from under the capsized boat HIS:
: : caterted by Qepaty marukals nod4 & howl of surprise came from the Keine

~ Mumps are a3 epipemie today as they guards” to~ the“ Catholie” Chureh Parks, for the secretarg’s head ap | 7 earny Bt.)
Wwere'e month zgo. A uutaber of new a a EEE peared, with the eyeglass firmly fixed |-
| ©8583 have been reported ‘among the] *2ere services’ Weré held a% fuur| ia ics Proper position, its owner tak- Anavdi ian
f Sify ee i P ets . sa tes :

growe feike ‘and all sorts of faces of Oclock, after which the badly was | ing fe ode vena arf Counce that it
buried by prisoners ander direeiiun pia charset: ey
of deputy marshals, “ap CUEY_A LITTLE. opr, 23

s a ‘Sticenecemnneneng,

m~ —had—beer- 42 tagentece Device for .
eve bt ’ ‘ Reldiogs Paq
~.gaifch Sth. ‘The retains. will bs | stationed keep unauthorized | O02, Which May Moeome very —}-"~
brought to ths ‘church 2 9 a.m. and parties away. Those preseat were hints aes POWMIRR, ahs
___ 9 funeral abst will leave there the Marshal and several deputicn | 05 ort time ago semecne put on the
4. Se IS Hosa “fer the Rewiaa cemetery. nd ed . a cate - d t id- | Siotches on the
; : HG guards, a marine guard, the % aningenious evice for hold turbed Bleep, F
ci “he friends are invited tatend. ;{° f wlinsas i : ing sheets of Paper together, -1t took Servoes and
ee SAD ee eee Tere gary of witneezes, naive police, the place of the pin, saya the New York THE FIESt p

ot Keay See a. . {the priest, doctors -and ssibly a2 i ” ; TWENPY- Be;
ees OW TO STOP a COUGH. Pp — PCORONY A) Presa. By “short time” fs meat a
<] =| A.simople but efecttve remedy ts the|faw others wor permitted to ces | matter of seve fire of sts rears..To>. = WONDER
<< ie yep ies : je eet IE a Fi OS ARANETA, -Csy tiers ars ¢ . re tine . ren 4 ‘
: Secate vie execution. “No hitch of any kinds of eliza, selling from 60 cenin| “Deters

for the execati, lacing the, oe Psa

° : i A wanafactsre. % tame genere! prin- |:

body in the coffic occupied about éipte ts feliowed tn ail, and it is aa- bat

pee forty. minutes,_sfter-whioh-the jary: Samed thar each haproviment ls pat-f—

ao off cro (he statement as witnesses, | euted.” Corporations hace’ tees |

‘4 ‘ - pat te va make and

S17. Batter Spportunlty to act and win | eogaged the attentipn of the peo-

“2 Sbesdlly gtlect a complete cere, Teal ple of Alaska Syd other parts of pls; ai
Weye ouree.and cures Aatekly.— For the country for’ more Shalt Pie ‘the. hig

Cale bE De Grol Year. ae

ee Breething thresh the'nortrils, ins kind occurred: The thane required | as 7 1 dcon-| of wind
= “tales fall rostiray zlowty as is foest.}oee ae ee Feguired Ptr 1099 to #3 cents per 100, and con See Lautekiy x

—

384 1 ALASKA REPORTS.

whether the indications were that they had been made re-
cently or were of great age, or as to any time they could or
might have been made. The statement is a bald one, un-
supported by details or facts showing careful observation,
or whether any observation or examination was made. It
is believed that this sort of testimony is too indefinite in
’ character, and altogether too uncertain, to warrant the court
in granting a continuance at this late day, after so much time
has expired since the homicide occurred. It further ap-
pears to the court by the record of the case made at the
former trial that no application was at that time made for
the attendance of the witnesses now desired, nor was it in
any manner indicated that they knew facts such as are set
forth in the affidavit at this time.

I am of the opinion that, while it was the duty of the
clerk of this court to have immediately issued the subpcenas
for witnesses under the order of the court, it was equally
the duty of counsel for the defendant to have followed up
the order that had been made at their instance, and to have
promptly called the attention of the clerk to the fact of the
order and their desire for the immediate issue of the sub-
poenas.

A part of the testimony desired, as appears by the aff-
davit for continuance, is for the impeachment of certain gov-
ernment witnesses not named in the affidavit as to conversa-
tions claimed to have been had with “such government wit-
nesses” by some of the witnesses whose presence is alleged
to be desired for the purposes of this trial. It is believed
that the law governing continuances does not require the
court to consider the merits of an application based on this
sort of testimony. Even in states where the statutes give
defendants the right to continuance when an affidavit is made
setting forth the facts to which certain absent witnesses will
testify if present in court, and wherein no other affidavit

OSGOOD VY. DONNELLY. 385

or other evidence of any character may be considered by
the court in passing upon such application save the affidavit
so made, it has been frequently held that testimony of the
character here sought to be secured will not be considered
as basis for the granting of a continuance. It would seem
that, to entitle it to consideration, the affidavit should state
facts relative to the homicide, or to some phase of the matter
in issue, and not impeaching testimony: -

Applications of this character are addressed to the sound
discretion of the court, and not under any statute making it
the imperative duty of the court to grant a continuance upon
a showing made. Considering all the facts and circumstan-
ces surrounding this case, and exercising the fairest discre-
tion of which this court is possessed, the court is constrained
to deny the application.

Continuance of the case is therefore refused.

OSGOOD vy. DONNELLY et al.
(Second Division. Nome. December 21, 1901.)

No. 437.

1, ABATEMENT—PLEADING.

Matters in abatement are not favored, and must be specially
pleaded, or they are waived.

2. Town SiteE—SETTLEMENT—OccuPANCY.

That a claimant for a tract of land within a town site camped
on the ground two nights while passing on a journey, and
‘also two nights on his return, at which time he set stakes at
its corners, without any other mark of settlement or occupancy;
that later next spring he occupied a tent on the tract for a
short time with dozens of other persons, but made no other set-
tlement or occupancy, are not such acts of occupancy and use
as enabled him to acquire a preference right by possession
against one who first built a dwelling house on the lot, and con-
tinuously and in good faith occupied the ground thereafter.

1 A.R.—25

che eee 16S es are A : he mt
is a aig 2, Cbs ie (eke).

“The he Mis a

Bt hee Ma

eee ee eee eee ee

¢ : r eran

st The. exveution of Wumer -pjatt
; “ t
; sti hoe tt tuinderotsst <1. thi: eee ae

- s remem got H
i eben Sitered rear Ax mee Se

ant
sf:
€

eC SH Yaken. rive Usa Bo Setanbens by ee e;% og
1 Va Sa

Ny A ah Ge eee ae

eee 3 tie eerste tine et tet | 142%

+ ‘ hie aenauly roi Lid, tira AB. ats oa wh gh ar aa

= ss Pea ae Ei tS ee Y es ae a Sib SIX Ontos fr ae Uae eft age Selic

= edict dese —— Tietinetor the CXeCition Was? s. uf tie sounds, tsk aces a eae ee
= = terre eed. eh 12 oe e'cicck, Friday | PY ininers and) probably weal.

a tet “ WEATHER 3 ER-REPO - A rede: AWB Tr appear’ ae qheave bese ly trebet track “yy: UCP RO SS
73 BE sees oe, | Musblat: Shoup had arranged for jet hal Vawter with soldiers ar ad
= “Mar: Hdase. hiewent rain’ fall! the Bonjta lo arrive vit. Friday age rived tram St. aticlhaels bay: thee go oe
= edie ees pea ny an noon, 80 that in ease ‘a pardon vp [take him ineustoly. ide has bad =
#2 a 41 32 Ah) cCommitation “of sentence shonid twee faie tri Hand exhausted ¢ pity

2S 4g ee 0. . *t reach Tunsaw th: at itauight he dee | PCavtece Anite He bee es ti gate ¢
cr 3 “40 A ee) in tite to save his Efe, [Bi liberty, and has at last pats
a 4° 42 2 idl The Bonita did not arrive at 12. the . ‘penilty of his crime... N,
= i AZ RN I Oe tay therm was a delay. but it did ar. doubt Aho maral eect pf ths “x =
a z 6 23 “ata # : mee “tive at 1.° ASho reprieve or par- ie ¥ oe : oe eevee Ce |
F don, came. immicdiate preparations Ct eee Sr itl $2
2 co : Lwere made tor the execution, The |"#!!¥ inctine who come to Alusk..,
a? : ‘ Total 0.1 "anf xcaffold had been erected in 1 a C. | aed
Pa ie uy days. 1. : coal house on the dock, the jury of Pili i Patera the deptha of oes
blll AME Sieve Ave 2... witnesses _had_Loor-sunsmened-amdt the fsllowing- touching words: ell Ca ME

+
n

the Prisoner VWoF candied tarts

ind Uluweth, the water Howeth, the

{
' t
ean arp
banks Dit a
{
i

ae,

4 e

ponents. hier ivay_vorih, <

Air. and Mra. BE. Otlsy Smith are in
town spending a few days Visiting.

scaffold, at about 1:20. With a
deputy aarshal on cither side Bird

The Nome City fs due fever ousascended to the seaffule platform

and bwas. 8 informed. bythe} Marshal

on eee Deng." “Ketty- returned heme. on ue

____Dougtus Leadletierlen on. the Bonita

Bonita Friday.

Friday for Jopent.

that_it-now- became -the--painfnt
duty of the officers to carry out the
sentence e of de ah 1 and “Was its-

; i ao opaty Marshals MeNair, Grant
t and Hill left on the Bonits for there

eee a= es cineca ieaaeenss ee

Marahal Shoup Tet on the Bonita
Friday for Juneau.

_ diferent Posts of duty.

Vinue
inquiry he Chery hat_he |
would have fifteen minutes aud Wig
given twenty minutes. Bird made

- Faudeavors etitertaiued a large uuniber

Dr. T. HH. Nelson arrived on Tie last
—Steanuer and will relieve D: . Fitts who

Last ae toeetey eeecine the Christian

of there friends at a govlal.

the statement that before Gud he
did not deserve to be hanged and

and a bad man. He then began
_ {reading from a prepared blatement,

The Santa Ana made port on Thurs-

had hardly finished the introduc

daywith a cargo of inachijue tery mud

lumLer for Vuldez.

Won or preliminary statement when
he was informed by the marsha}

+ ydannid' gives methe blues.”"—Skagway | —

said that the sentence Was the re- Homan etreow nt —anrd sone wherever Qa’)
{sult of the testimony a vile woman

of th es
which seamed very—} thy Hr pat sielting qualities, your atu

farinier soweth, the Pubseriber oweth,
and the L.wd knuweth that we are jin
need of our dues, Sa come a-runnignt hy

eré we go seguninin’ this: thing of

Guide, aie : a

—a

Like everyi lit: clve there are good
reeds and bid sede, Seeds that grow Pc ee
“tand needs that don't. grow: seeds that
Yield ani] seeds that i don't y he feld, and af
ittte thought given now to the selec.
tot of the seed —you'tt need will be f
found titne well spend, though realized
inveh better atthe harvest if. you se. |
feet the workl-famed Ferry's Seeds
the kind that always visd. Br tear-
ly halfaceutury Ferry’s Seeds bave

Crops are grown, until farmer and
gardener alike, have learned to depend
upentheir wouderful reliable growing
Year, to the exelusion of allothers, ¢ Pe
Unk | Unfortunately the maid Natt sd area asqeraa
to afford a means for Many Userupa-

hous people, tho simte blind the wie

The eae Coutts cane tote port

Friday no p with the machinery for

the building of tha dock and a large
runount of mail .

Ed. Webster and acrew of men ar-
‘Tived on the Bonita and will commence
work atouce ou the uew yoveroment

that he had ten minutes left. Fath-
er-Frenel-had- oftred— prayer and |
had suggested to the prisoner that
he would better attend to thinga in
hand. Bird then stemed to skis
Paragraphs and pages of hin paper,

prive. mand boastful heise: —wite—te

sured of & great deal niore at the hary-
est hy Beth, Ferty Seta,

Wary to qualliv, through Nitlenes of |

reality have nothing to substautinte i
thelrelaiins, no reputatiyn at stake, ne]
no past record as Tt Is better te
pay a fittbemore for the seed and © ux

The [005

Gock,

Which was probably typewrittin,

Mend Annual whitels ix telit’ frew, post.

and, probably, beca une ond? ing ses

Judge de Grof had a very painful

ie ALL bee fovenese ~ ; Shitty

382 1.ALASKA REPORTS.

of ex-United States Marshal Vawter, who was deputy mar-
shal of the district at the time of the alleged homicide, has
also been presented, tending to show that said witnesses
are not at this time, and have not been for a considerable
period, within the District of Alaska.

Under these conditions, then, the court is required to pass
upon the application of the defendant for a continuance at
this time. An examination of the affidavit discloses that
the facts which the defendant undertakes to establish by
the absent witnesses are as follows:

“That he was sitting on the bed of the said Patterson, on the
port or left-hand side thereof, facing the defendant, who was sitting
on the right-hand side of said scow, on his bed; that they were
casting up their accounts, to see how much each had paid out for
the outfit then in their ‘possession, preparatory to a division there-
of; that a quarrel sprang up over some differences, and Patterson
struck the defendant, who struck him back; that at that instant
the woman called’ out to the defendant to look out, they were get-
ting their guns; that defendant thereupon sprang to the stern of the
scow and seized his shotgun; as he did so, he saw Hurlin in the act
of raising up with his Winchester rifle in his hands, which he had
taken from his blankets at a point near the bow of the scow on the
right-hand side thereof; that said scow was covered with a tar-
paulin; that defendant thereupon shot deceased with the shotgun,
which was charged with goose shot, the charge taking effect in the
side of his head, killing him instantly; that some of said shot took
effect in the tarpaulin immediately beside the said Hurlin’s head;
that said Patterson, at the instant defendant fired at said Hurlin,
was making for and attempting to get a Winchester rifle in the ex-
treme bow of said scow, and was in a half-stooping position near
the front end of said tarpaulin covering; that defendant thereupon
fired at and wounded the said Patterson in the left shoulder, some
of said shot taking effect in the tarpaulin immediately over him.”

The homicide is said to have been committed on Septem-
ber 27, 1898. The witnesses who are said to be absent, and
for whose absence a continuance is claimed, are M. C. Jen-
sen, John Doe Wallace, and John Doe Thompson. The

UNITED STATES Y. HOMER BIRD. 383

affidavit set forth that, if said witnesses were present, they
would testify that they were at the scene of the homicide
on the 28th or 29th day of September, 1898, and were in said
scow, helping to take therefrom certain provisions stored
therein; that they saw and recognized shot marks on the
tarpaulin at the extreme front end thereof and at or near the
middle or center of said front end; that they also saw blood
on the scow, immediately under the place where the first
shot was said to have taken effect; that there was no in-
dication of any shot marks whatever on or about or anywhere
near the stern of said scow; that one John Doe Hendricks
was at said scow several times during the winter of 1898 and
1899, and saw shot marks on the tarpaulin at the same places
as stated above. It is further claimed that Jensen, in addi-
tion to the foregoing, would testify that “the witnesses for
the government stated to him at that time, and at other
subsequent times, had the homicide occurred in the manner
above set forth”; that witness John Doe Chapman would

_ testify “that in the month of March, 1899, he saw and talked

with the witnesses for the government herein, and that they
then and there detailed to him the circumstances of the hom-
icide as substantially set forth herein.

It appears that none of these witnesses were present at
the time of the shooting; that their testimony is quite in-
definite and uncertain in character, it being said by them
that a day or two after the shooting described by the de-
fendant in his affidavit they were on the scow in question, en-
gaged in discharging some freight therefrom; that they
observed certain shot marks in a piece of canvass at or near
the bow of the scow, and certain shot marks near the center
of the bow of the scow in the end thereof, and shot marks
at the side, and also certain blood stains on the boat. Noth-
ing is said by the witnesses as to what examination was
made by them as to the appearance of the shot marks,

|
|
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steer

3 Pes x TS
Wie oa Se FERRO Lochahd &.

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vol.

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IN ADVANGE

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Sod ‘taken 't these: rates 2

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: dhe elorts: ol mete, the: frag “the. execution: eee
Pert i es . ‘5
¥. ot Nataize, who nga Mors ‘wes: Seforrea until: gely 35 by thet 12?
“$2 250,0! 00. of eel ona funds: ib 38 spre until, Septonter. _28¢h3 ‘Bell f
oxperimen: ae Fee ae ~ : or : a i : > ¢hird un wit’ Novesiter sth and toy | Bos
The. Unite States today. leads the! eh the fourth wd J january 15; 192i |e
jwerld 23 ho. groatast, manifactires Cn Janay 23, $034, ‘Oe vests
‘Jat. sik 3 with the Center of tho Fiat auntry | of. Aisa ba’ rented a optics pati
toeated ig ‘Pdtodson ae & ‘Sas ae tho #ho final action hed been aor ; atl
fart EOE “ial was | ‘belle da’ 1824 5 | President.of the United Biates upon?
cay pete Gene Raw slik WE pr rithe petition for oon minktatiga od en]

2 fa Acs

colonies

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are.
abandon se

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34.0
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ee ‘for “wood: ‘furnished by

intt “and which indebdjedness
salad according to the testimony

of {he plainu in error, for about
ltwo years, ‘during which time he hag
owae| a ‘MAD “efforts to collect a

without: suecess; the deceased refu
ing to exeeute to him any paper
acknowledging such indebtedness
aitho verbally promising to pay it,
Therg was testimony given by 2
witness for the Government. thet,

ing the defendant,
chen asked whether’ the deceased
as facing when Shot, answered that

yy
+

: 7 enectitvs enter

abova Anvik on- fe ‘Yokou iver}
“fand sentenced to be hanged. Ae
time Alaska consistla “ot one
yisis 2 only, The defendant having

wes asain found guile

ae Sshewerpeees sacerente

<epreer re y Bes

#
ad aS Ba sorware h

nd « end | Gay GS.

trae
Oa ine ee 40%

ee 9s wa

becevani

Pre Hy

aideng | Wilson feaad cxerative
order’ affirming ‘the |. Governci’s ne!
Pricve making onler terminatiag: POS. |
fate aston: April = 3G)

ete Gay 2 ah eee

8
making king. 5 oar onces | oR

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day” WEE: the. ‘third: wrest ine

take 5 piace fa tne rrit tory | ae)
Alsska’ ‘Seven’ men ealy hale: bees

centeaead to bce ee :

pra” Was oonvicted -
oo9 of murder in ithe
for the Hilling of ag igs

September 2%, ont oo mils 1s

sued ont 2 Welt of ie to the

Supreme Court of the I nited States;
‘ j :

that Court ‘rever sel othe. tase and:

Ke tee
RY Aad

poan had, Bird; ER
ef murder in] Pe.

the Bret degree and |sex Dienced to be

ancther trial &

ie Edward”

is Was; but the tee on the

tried tor. 2 rhe 5

te Another Writ of Drrer_ tai”
- ; ats

er for the mur’

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tod 5 SR wt ton] ot PO pee <a, C3. quad wi oe
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4 os oe e me 3; v Co ge deen on
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MoO Oa Vom Boa es Saray
no a ee ; pral® mee es oh ty om
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ae ae te ee Fs os en a ¢ et
Sas “ae $s Z
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att Lo. Ooo a “4 a a eh ak eat
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; + ™ veg oa me O 4 : oe : : wpa
yond or ds @ abet th rt a ope 3
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= baie at bet ie ‘ hee rn a ey mt
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iUitakr OU iat e4,0VURAT, vs Hypergene: ; QO

Ly ; sentence of Sw:

drew out four days before he shot
i

a ti
at

ave carefully ae
; ; : S and Turks, un
= examined and considered, regardless
Riley. ‘ | ; ‘ ; | Pasha, and sup)
. of any techaical objections, and arei
On the morning of the murder | Artillery, attach
pos ugable to hold that the trial court |
Segura went to Riley's; office and{ a . '
committed any errar cr abuse of dis-
rot finding him there wekt to a shop
on the claim where I Riley. was work-
jing. He. stood around) for. quite

awhile until the workmen who were

helping Riley went back into the ; now occupy, bu
re ‘f i : ually demon strated that, while a meters

shop, Soon shots were beard and repulsed by G
ee | __fpumber ‘of persons summoned thera} - _
the mea upon rushing| out found :

re]

¥ - ia ‘Sa ‘as basees

ih bi iun, iharabh

Yr. sections,

Ths attacks
iimadg for the
of the Greeks

cretion in denying 12 «motion, inj
addition to which it may ba said that
it appears fram tha™~ supplemental’
‘transcript that the trial at Plat ac-

on 2s jopors disgualifed themselves
Riley dead: Segura ran & short i?
o such by reason of prejudice cane
a: distanca and threw away Rik RUM J ee *. ah.

} aud ts the defendant’ to. the sOCH cen f
3 3 elarm Was ren +8 mer a2 See i :
yA rm” ak He ai there waa no diflculty 1a socuying ¢]
anne ont abe a i Thete suiicient number ef qualified cia |
dete ke o Qittenes away, quit’: their). ‘ - sai
= sh i arrisice sy, “ames to whose service as such so valid}
wort and spreadin eut closed in

\ a oe objection was tnterposed, and no ox.|
UPB. wtgura Wi nO, seeing ences Was coption taken to BB action of ths es
impossible, ¢hrew. up hig. hands and } ae

3 See ee trial court respecting them. ...— po epee
atten “re no ill no maze" <3 was ae Daly other pe ee fs on ta
taken into custedy and (eld to the
i:

oa Reeta ad oe,
ped on a
hee hel? eee

&
ff tha pistes tee Bul 3° the

- Aton a ; AP a hel wid Sede das
rand cary. At the: Spee ial, Kagem (Ct iA cakes wenn Uh ee eee pe
35 528, Tormm of Court at Pict, 26 was Pe SViGenee. WOR. inauliciont
| as SS ore pee bee ie ad as att
me ~ a Ae Roe lustify the verdict ore wes retuz
| SS aiet aad mis iris pe tar: tae c
ee Longe which point. the. FaCes 4 clearly. nae

There was]

Sie ee, ee

ee da

iy
os &

Soyeab hobs had SS ies
jaouss of noon and 8 D. m.,. thereby i
making courg order coneuz Tent With a: > .
execttive order | :
TaQ ezecullon og BMailo oosura ama :
day ‘was the third” logal execution | .
i to take piace in tho Territory of f3
ore "per “ined 1.90}. (Ce tinued trom Dp so) Alaska’ Seven men) only have besa}, 4
; felt ct Nis ti Sentenced to pay the Ccath ponalty.|/ 7
colted taken ‘ pearene is
‘eee. SS peing for wodd furnished by ihe HOMER BInD | He
IPEION: RATES |: latter, and which indebtedness. had “Bird was. convicted: December A ‘
Scdiner pert year 92.00 existed, pitas cart 0, the testimony 1659 of murder in |the drst dogies) 4
2 IN Eovanen’ - {of 'the plaintiff in error, for about for tho Killing jof J. H. Huriin onl?
nt a nowe of Intorioz| two years, - curing which time he had September 27, 1898, about 95 mites! bd
nae oes f a made many oforts to collect it above Anvik en tae Yukon river,
: é without suegess; he deceased ee ng seatenced to be hanged, _ At thar! (4
ing to eaetite , to. hin: any Paberlsime “Alaska consizted of one Dijii
ease cin such indehicdnaas. Aion only, Ths- doten i navinels isi
altho ver’ ally promising to” pay 4 sued out. a- Writ of Error to. tho] «
‘There was testluony given = {Supreme Court of the United Stat tes; }iife impriso
witness: for the iret on one that, that court reversed the cate andicon
soon ater the Ruling the ¢ cadant another irial having! been bad, Bi a
when asked whether. the doce: was again found guilty of murder Jal : EDWARD
was facing when shot, answered that)... vos degree and |sentenced ta bel Edward’ Krawie ase;
he: was; ‘but. the evidence. on the hanged Anéther Writ of Error tof ied for @ seri:
tart of theo Government, Ancluding the. Suprema Court Having beta. cnet fenses. and. saat
Lope the: ‘testimony of the doctor who x. out the sudsme gmsnt of | the owen court fifty: years in the
- famined the” deceased very abortly’ was affirmed November 17, 1902, anal ttied for ‘the @
the’ seerat of raw cane! after he -w2 as killed, was to the ef. sida: oe acs at. Sitka on the) Piuakert,. Several .
a eee ah areas | feck that all ‘three of the vhots| were Sth. dsy of March 1893 er es isid at Bis coor,
watts 4 fired. into the. back of. the deceased, Re ee es | oe eee ty as. charged
ee pai and! that the. front part of his body ‘FRED HARD | se hanged. 2 White
= many on nturies,- ‘The had ‘nO bullet wound upon ft, and that While: ‘the care of Hi rd was pending
«as decreed for chefat three of ‘the bullets “lodg sed init the Courts, Hardy wns conricte :
tag or taking tho st ‘body, elther one of which raul September 10 .1901, fpr. the killing of | & exptured was ot on:
oe seeds of the}have proved fatal within a very short Con Sullivan on Uniinak Island, and} SbriL 192%, : shot
¥ trea out of China time. And the witness Thibault tes-(yns gontenced to be hanged fe! Arvid Fransen.
+ Ca prince of Andiai ined to. sesing the last shot fired! ato, ened bute Writ|of Error to the
and won the love of! into the hae body ‘of the de Supreme Court and-on June 2, 1892 es
Sree ae 2e-/ ceased, bs | 7 Sais the declalon of the Lower Court was} ans gales
GP ao, the | Respec ting the alleged pre nedita. affirmed. | Hardy wis sexecuted at Sea eee a
caravan route, taking! sion with which the killing was done. nome on he 19th day ots Septemb pean ete Smita, »
- £andals, the eres of! he witness Keen testified that® di hee ; ag pot whose ie
-4 Seeds of the white ling a conversation he had. with the} eae alten by, P METEDERS was tripe
Within three ae 28 Agfendant, about March ¥) 19 18, re. VUKO PEROVICH winter: 108 the mur:
f the “arrival fal waraine ike” money due him from) Peroviéli was indis te 1 for the aa ee eleestt foe;
wey princes she‘ niley, de fendant faid: “I will EIB der of Jacob Jacon| and. tried at
“ariousty, but 18 Waa! the S——~ of & b——~" — the witness “alrba CES it, Angust, 1905, The veri ia
ave the seeret, B23] ageing: “The. ast words he naid | dict was that he. was - Monthy oF chores, For
dolizered ‘ sary lath mv nines. ‘ 4 Punta

167

PD, 2a: For Captain Campbell's complete report of military
arrests in Alaska see U.S. Congress, Senate, Message of the
President of the United States, 44th Cong., lst Sess., Ex. Doc.
NO. 33, Part 2, Apr. 6, 1876, pp. l=11.

Pp.23-27: See legal brief of the Attorney General of the United
States relative to jurisdiction of the War Department in Alaska in
U.S. Congress, House, Jurisdiction of the War Department over the

Territory of Alaska, 44th Cong., lst Sess., Ex. Doc. No. 1 35;
Feb. 21, 1876, pp. 1=7.

Chapter II: pp. 28-39

- SPS mE aRMaRIRRORE., 4

Pp. 34-35: For further discussion of conditions in the Alaska
Customs District see generally U.S. Congress, Senate, Report
Upon the Customs District, Public Service, and resources of
“Alaska Territory; William Gouverneur Morris, Special Agent
of the Treasury Department, 45th Cong., 3rd Sess., Ex. Doc.

SING’ OU, Jan,” 7, 2879:

Pp. 36-38: For complete discussion of the Indian uprising and sub-
sequent activities see Commander Beardslee's report in U.S.
Congress, Senate, Affairs in Alaska; Reports of Commander rer
Beardslee, 46th Cong., 2nd Sess., Ex. Doc. No.°105, 1880. Also:
note W. J. Burwell's report of February 1879,

Same document.

Chapter III: pp. 40-57

Pp. 40-44: Ibid.

P.44: For details of the Williams-Roy shooting see generally
U.S; Congress, Senate, Reports of Captain’ L.A. Beardslee,
U.S. Navy, Relative to Affairs in Alaska, and the Operations of
the U.S.S. Jamestown, Under his Command, While in the Waters
of That Territory, 47th Cong., lst Sess., Ex. Doc. No. i,° 1882,
and also Op. cit., Senate, Ex. Doc. No. 108.

Pp. 49, 50: For detailed discussion of Captain Glass' action in
sending these prisoners to Judge Deady's court see U.S. Congress,
House, Report of the United States Naval Officers Cruising in

Alaska Waters, 47th Cong., lst Sess., Ex. Dot. No; 81, Feb. 24,
1882, pp. 4, 5. |

: : ; : ee Cer Peer ci PLE TR oe Ria! a1 en en nV: ¥
RR PENTRU REE IOES Olt Ahk a Mager ke ee we ; ROLES WA vii ih age AaAAR I SEUSS orgie i Beat
Divison Secebeltp sh ahi: Sins a plelbli sotd A RIN eto kal 3k VRC eat ttiRNNRaaN one crema IDR biiisndh ;
WSDL hp aM nent Sew sok de

~ aE Rae |

etme ya

&
See a eta ee eee caida aka

178
BIBLIOGRAPHY

1. Public Docume nts.

Annual Reports, Governor of Alaska, Juneau, Alaska, 1884,
1886, 1889-1893, 1897-1900, 1903.

California Law Review. V

ol IV., No, 2, School of Jurisprudence,
University of California, Berkeley. 1915-1916.
Carter, Thomas H. The Laws of Alaska. Chicago: Callaghan
and Company, 1900.
National Reporter System, The Federal Reporter, Vol. 121.
St. Paul, West Publishing Co. , 1903.
U.S. vs. Carr. Century Edition of the American Digest, Vol.
27, 242. |
U.S. Congressional Record. Vol. XXXII. Part 4, April 30,
1900, 4839-4850,
US Congressional Record. Vol. XXXIII. Part 4, May 1,
1900, 4893-4895.
U.S. Congressional Record. Vol. XXXIIL March 26, 1900,
3307-3311,
U.S, COngressional secord. Vol. XXX Beril 4 1900,
3737-3740,
U.S. Congressional Record. Vol. XXXIIL April 6, 1900.
3827-3828.
U. S. Congressional Record. Vol. XXXIIL April 9, 1900.
3926-3934, |
U.S. Congressional Record. Vol. XXXIIL April 18, 1900.
4371-4376, |
U.S. Congressional Record. Vol. XXXIIL April 25, 1900.
4662-4667,

“CRN SuNmmhg SA, Be gmrerne ie mete

S179

U.S. House of Representatives,

Report of the General-In-
Chief, Ex. Doc. No. 1, 40th Cong. ,

2nd Sess. » 1868.

U.S. House of Representatives,

General Jefferson C. Davis, Commanding Officer, Headquarters,
Military District of Alaska, New Archangel, A. Tee Bos: No.
117. 40th Cong. , 2nd Sess. , November fe, 1867.

Report of Brevet Major

U.S. House of
of the United States, in answer toa Resolution of the House of
the 19th of December last, transmitting correspondence j
to Russian America. Ex.Doc. No. 177. 40th Cong. , 2nd Sess.
Feb. 19, 1868.

Message from the President

U.S. House of Re
of the United States in relation to the tr
Russia to the United States.
Sess. , Jan. 28, 1868.

presentatives. Message from the President

ansfer of Territory from

Os + ome a
SARE

Message of the President

Documents to the two Houses
of Congress. Ex. Doc. No. l. 40th Cong. , 3rd Sess. , November
20, 1868.

U.S. House of Representatives.

Youkon River and Island of
St. Paul. Ex. Doc. NO. 412:

41st Cong. , 2nd Sess., Feb. 8, 1870.

U.S. House o

f Representatives. Fur-Seal Fish
Ex. Doc. No. 129.

eries of Alaska.
41st Cong. , 2nd Sess. , Feb.

11, 1870.

Citizens Imprisoned or De -

y. Ex. Doc. No. 225. 4lst Cong. , 2nd
Sess., March 29, 1870.

Report of the Secr

etary of
» 2nd Sess. « FBIZO;*

Report of the Secretary of
41st Cong. , 2nd Sess. , Nov. ZO;

U.S. House o

George H. Thomas :

San Francisco. Ex. Doc. No. |
Sept. 27, 1869,

f Representatives.

» Part 2. 4lst Cong. » 2nd Sess.

REAR Rae RR ar Repo apace ps 90 nc aetpnap boinensndmichiecne
ste Oo He eee =e

Regn

Hee ip as Bea
analy aa Pra

Dat sake ely eye:
eee thray d Ey

we
St 4 aa

a shaw + a tp Milne si el Ms Nk) Pes

i ofl Sey Matar ety
PRON SREY PES Iet te or ae we
*y AE RAEN beget Be) ae

5 wo EAU RR Hae 4 Lashes

PAE A ERE, UE RR Pa 8

Pp.:131, 132: For fur"

174

er discussion of Jackson's efforts to aid

the miners at Dawson .:~¢_California Law Review, School of
Jurisprudence, Univer::‘ty of California, Berkeley, Vol. IV,

1916, pp. 89-113.

PF 132 Concerning the

Barrow refuge station see U.S. Congress,

House, Refuge Station. “oint Barrow, Alaska, 5lst Cong., lst

Sess., Ex, Doc. No.

Pp. 133-135: For der:
see Lieutenant Jarvis
and Papers 1849-1911.
Berkeley, P-K-63,

Py 135: Fer citation -:
House, Punishment c:

Cong., 2nd Sess., Rerc::

P. 136: Concerning th-

to Alaska see U.S. Ce-

Relating to Alaska, E:
Jan. 14, 1898. }

P. 136: eee discussic-

Interior see James W:- --

Book Co., Washington.

Congress, House, Anzr -.

United States for the
No. 9, 1899, ee & Pee

see U.S. Congress, Se~-

in Alaska, Etc., 57th Cc.
Jan. 14, 1903. Note cu.

Chapter Vil: pp. 137-158

Pp. 137-139: For des:
Nome see California La:

Pp. 139-141: For coms'.
actions at Nome and re!?:-

House, Annual Reports

Ended June 30, 1899, =-°-

= e+, Mar. 3, 1890.

» of this relief expedition to Point Barrow

cry in Charles Scammon, Correspondence
mancroft Library, University of California,

ws in force at this time see U.S. Congress,
mes in the District of Alaska, Etc., 55th
- No. 1482, June 2, 1898.

~ymmission to codify the laws pertaining
.<ss, Senate, Criminal and Penal Laws
55th Cong., 2nd Sess., Ex. Doc. No. 60,-

-t Judge Johnson's trip through the

«sham, Old Yukon, Washington Law

_Report of the Attorney-General of the
1899, 56th Cong., Ist Sess., Ex. Doc.
.tforts to restore prohibition in Alaska

«ve, Proposed Restoration of Prohibition

--3-, 2nd Sess., Ex. Doc. No. 85,

--ation from Rudyard Kipling on page 14,

-~-ion of the discovery of gold at Cape

/ neview, op. cit., pp. 95-102.

~te report of Lieutenant Spaulding's

-i events see generally U.S. Congress,
sae War Department for the Fiscal Year
Cong., lst Sess., Ex. Doc. No. 2, 1899,

ce ee ”

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Containers:: Box 2 (2-Documentation of Executions), Folder 17
Resource Type:: Document
Description:: executed on 1883-07 in Alaska (AK) executed on 1883-07 in Alaska (AK)
Rights:: In Copyright - Educational Use Permitted
Date Uploaded:: June 28, 2019

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