Benton County, Oregon - Chapter 42: Criminal History, 1885

It seems as though the hearts of men are set in to evil and that the reign of the devil had been fully established in the earth. The newspapers are literally filled with accounts of cruelty and blood, and human life is no more regarded than that of the brute. No community or fireside is secure from the destroyer. In the stillness of night, in a secluded spot, or in the bright light of day, a human being - perchance a devoted husband, an affectionate and doting father, a loved son, or dear brother - is stricken by the hand of the assassin - the family circle and community bereft - and a soul, without a moment's warning ushered into the presence of its maker - and mayhap the entire scene veiled, for the time being in impenetrable mystery. The heart sickens at the awful tragedy. The guilty wretch and perpetrator flies the hand of justice, but the brand of Cain is upon him - innocent blood cries from the earth against him and has entered the ears of the Most High, while the messengers of law are on his track. There is a tribunal from which he cannot escape - the lashings of a guilty conscience - although he may, for a time evade and escape the violated and outraged laws of God and man, his sins will inevitably find him out and his detection is almost certain.

It is a pleasure to state that Benton county has been particularly free, in her long life of nearly forty years, of these deeds that bring disgrace not only updn the relatives of those who take life, but upon the community and district in which they dwell. The public executioner has been once called upon to perform his dread duty, only one of the slayers having had to expiate his crime upon the scaffold.

The State versus Nimrod O'Kelly. - The first case of homicide in Benton county was the killing of an Irishman by Nimrod O'Kelly, who was accused by him of trespassing on his land. From a first accusation the matter came to high words, until O'Kelly shot his opponent with a gun which he said he carried for the purpose of frightening crows from off his grain. June 29, 1852, he was duly tried and convicted of murder in the first degree and on the first of July was sentenced to be hanged, but was subsequently respited by the Governor of the Territory. He became a great expense to the county, but by an act of the Legislature passed in January, 1853, the sum of six hundred and thirty dollars was appropriated as relief to the county for expenses incurred in guarding and safely keeping the prisoner after conviction.

Murder of John Clark. - It would appear that John Clark and Philip George were partners in a boarding house in Corvallis, the latter being a dissipated fellow while the former was a sober and estimable member of society. George the evening before the murder, had been drinking heavily, and had threatened his associate with a large kitchen knife, but Clark making his escape from his room wherein he lay in bed at the time of the assault, his associate returned to his boon companions and kept up his carouse. The following morning he returned to the house, found his partner weighing some hay which he had sold, and an alercation ensuing George seized some lethal weapon at hand and struck Clark on the head. On receiving the blow the unfortunate man, still holding the mouey he had received for the hay in his hand, came round to the front of the building, where two or three men were standing, and remarking to them that he (George) had killed him, drooped over, and while he was being supported in the arms of one of the by-standers, breathed his last. George was taken into custody, and a true bill for murder brought in against him by the grand jury. At his trial he put in a plea of not guilty, but he was convicted, April 14, 1860, and hanged June 22, 1860. This was the first and only execution that has occurred in Benton county.

Killing of William Grubbs. - This homicide commenced in simple scuffle between the two men who had hitherto been on more or less friendly terms. When the altercation began William Robinson had been whittling a piece of wood and in the fracas that followed Grubbs was stabbed, from the effects of which he died. Robinson was duly arrested, tried, convicted of manslaughter, and sentenced to one year's imprisonment, April 12, 1864.

Death of John Bauerlin. - On Saturday morning, June 23, 1866, it was rumored that John Bauerlin, a brewer, who had been a resident of Corvallis for seven or eight years, was missing. Search was immediately instituted and some men passing along Water street, near the Willamette river, discovered at the top of the almost perpendicular bank, some sign indicating that a man had jumped off, feet foremost, and slid into the river - marks along down the bank to the water's edge were seen which had the appearance of having been made by the heels of a mau sliding down on his back. Down about eight feet from the top of the bank a hat was found, which was recognized as that worn by Bauerlin the night before. Various opinions were entertained relative to the fate of the missing man, and the whereabouts of the body, if dead.

It would appear that a very serious drunken row occurred at Day's saloon, on the night of Friday, and that Bauerlin, who was very much intoxicated, was engaged in it. Several persons were arrested and examined on Sunday but were discharged for want of evidence to implicate them. Some additional proof having been discovered on Monday evening a warrant was issued upon the complaint of Mrs. Bauerlin and James Woody and James Herron were arrested. On Tuesday the examination was commenced. The body was recovered about seventy-five yards from where it was supposed he went down the bank, into the Willamette, on Sunday morning. The medical opinion of Doctors Lee and Sharpies, given at the examination, was to the effect that the wounds found upon the body of the deceased were such as might ultimately have caused death, but their belief was that Bauerlin died after going into the river and that the immediate cause of death was asphyxia.

Killing of an " Unknown." - On the morning of Sunday, October 21, 1866, Messrs. McGhee and Sol. King went to an uninhabited cabin on the land of the former and there found the dead body of an unknown man, showing marks of violence, partly burned, and which apparently had been dead for some time. Signs of fire in several places indicated that an attempt had been made to burn the house; one of the "sleepers," near where the remains were lying, had been burned off, while the lining of the house was partly consumed. The body was burned nearly through at the small of the back, also about the head and arms. A verdict in accordance with these facts was found by Justice of the Peace, E. Holgate, and a jury composed of John McP. Brown, W. F. Herndon, W. S. McCullough, G. W. Ross, Hiram Wood and James Akin.

Killing of an Indian - On January 15, 1867, three Indians were sent by Agent Simpson, under guard, from the Siletz Reservation and turned over to the civil authorities. They were placed in jail and on the following morning had a hearing before Judge Odeneal, on a charge of murder. The circumstances connected with the slaying were as follows :

In the summer of 1866, an Indian named Charley was engaged in carrying the mail and express matter from Corvallis to the Reservation. Upon a certain trip, while in town, his horse got- away from him. On his way out, on foot, he passed some Indian ponies and catching a couple, rode one and led the other. Soon the party to whom the animals belonged, missing their horses, gave chase, overtook Charley and demanded the delivery of the steeds, whereupon, he drew a large knife and made a thrust at one of the three assailants, who, in warding off the weapon, received a serious cut in the hand. At the same time another picked up and struck Charley twice, felling him dead on the spot. The body was disposed of and nothing was known of the mail carrier until some six weeks after, when a squaw informed upon the guilty parties, which led to a full confession. After hearing the matter and carefully weighing the testimony, the Court pronounced it a case of justifiable homicide and discharged the prisoners.

Killing of an Indian. - While Sub-agent Collins and Mr. Clark were superintending the digging of potatoes on the Alsea Reservation farm, a difficulty ensued when one of the Indians was shot by the latter gentleman in order to save his own life. Agent Simpson on being sent for quickly arrived with reinforcements, and although the Indians displayed a hostile spirit and demanded that Mr. Clark be given up to them, no farther disturbance occurred. It was deemed advisable, however, to warn the settlers on the Bay of the Smute and bid them to be on the alert, for it was uncertain what the red-skins might do. The speck of war disappeared, however, and matters remained quiescent for the time. This occurred in October, 1867.

Killing of an Indian. - In the latter part of the year 1868, a terrific commotion was caused in the Yaquina region by the excitement of the Indians at the Siletz Reservation, caused by the killing of one of their number near Corvallis, by George W. Ballard, all of which will be found fully detailed in the history of Yaquina precinct. On November 17, 1868, Ballard was sentenced to five years imprisonment for the homicide.

Killing of Silas White. - From what we have been able to gather it would appear that the brother of Eli Mason and Silas White were having a slight contention near the blacksmiths shop of the former in Philomath on April 18, 1871. Hearing the noise, Mason came out and picking up a small piece of loose iron threw it, but without any extra force or exertion, at White, which, striking him on the temple, caused his death. On May 3, 1871, Mason was convicted of manslaughter, sentenced to imprisonment for one year, and mulcted in a fine of five dollars.

Killing of Tootootena Jack. - On July 5, 1872, after a night's debauch, an Indian chief, named Tootootena Jack, sought a quarrel with and wanted to fight Thomas Boyle, a boarding-house keeper at Foul weather lighthouse, in Newport, Several parties were present, both Indians and whites. Boyle knowing the desperate character of the Indian, and not being in any wise a match for the brawny savage, nor wishing to engage in battle with him, declined the invitation and endeavored to avoid a difficulty. The Indian, roused to anger by Boyle's positive refusal to fight him, advanced upon the latter, at the same time drawing from his belt a revolver in one hand and a sheath-knife in the other. Boyle, seeing the movement, stood on his guard, and waited until the Indian had raised his pistol to a level with his waist, when, feeling that longer delay would be hazardous to his personal safety, he fired the fatal shot. The Indi&n fell forward, his knife and revolver falling at Boyle's feet. As soon as the affair had thus terminated, Boyle went into the house of a friend, where he was followed by a hundred Indians, all thirsting for blood, who were restrained from violence only by the united efforts of the whites and peaceably disposed Indians. General Palmer soon appeared upon the scene and endeavored to pacify the impetuous spirits. One Indian, a brother-in-law of Jack, was heard repeatedly to utter the threat that he would have a white man's blood before morning. Another declared that as Ben. Simpson was a tyee like the deceased, he would meet that gentleman, shake hands with him, and then kill him. To the former General Palmer, we are told, with tears in his eyes, read that passage of scripture about returning good for evil, etc. ; but the untutored red-men were not in a mood, just then, to follow the divine precept of the meek and lowly Jesus, and small knots continued to watch the movements of Boyle, dogging his footsteps wherever he went. Boyle proceeded to the Justice of the Peace at Newport and gave himself up, but the people at the bay fearing an outbreak, it was deemed advisable for him to go to Corvallis and give bonds. When going on board the boat, to come up the river, an Indian was stationed near the gang-plank to shoot him ; but, as he said afterwards, when asked why he did not do so, he was afraid to make any demonstration, lest Boyle should be too quick for him. On arriving at Corvallis Boyle gave himself up and, without examination, was put under one thousand dollar bonds to appear at the November Term of the Circuit Court. While on this duty he was informed that four Indians, one the above mentioned brother-in-law of Jack, were on his track. These Indians arriving in Corvallis informed an Indian woman employed at the City Hotel, that they had come to kill Boyle, but could not find him. After a few days Boyle returned to the bay and resumed his businees, keeping a sharp lookout.

Towards the middle of the month a Deputy Marshal went to Yaquina bay and arrested Boyle on a charge of selling or giving whisky to Indians on July 4, 1871, the charge not having been preferred until twelve months after the alleged commission of the crime, and after the killing of Jack. On his' way up a friend informed Boyle to beware of an Indian who would meet him on the road for the purpose of taking his life. The Marshal having heard of the threats against Boyle's life, and evidently believing there was ground for serious alarm, gave his prisoner a pistol and told him to be prepared for any emergency. Before proceeding far, a suspicious looking savage, with a musket on his shoulder, was met in the road. Perceiving that his intended victim was prepared for him the Indian permitted the party to pass unmolested. In company with several other prisoners Boyle was taken to Portland, indicted, arraigned and bound over, on the whisky charge, upon the testimony of this same brother-in-law of Jack, and a sister of the deceased, who boasted of having once cut out and eaten a white man's heart, and also assisted during the Rogue River troubles, to hold a white woman while half-a-dozen red-skin demons brutally outraged her.

We here leave our readers, who are doubtless well acquainted with the revengeful character of the Indian, to draw their own inferences in regard to the animus of the charge of selling whisky ; while, we have been reliably informed that the Indian killed was a dangerous, desperate character, holding in terror the citizens of the bay, who manifested in an unmistakable manner their gratitude to Boyle for having rid them of a covert, treacherous foe.

Killing of Bingo. - From the Corvallis Gazette of July 12, 1873, we cull the following: - Just upon the adjournment of the April Term of the Circuit Court of Benton county an aged farmer named Andrew Ladd, was indicted and arrested upon a charge of murdering a man named Ringo, over five years before. The complaint was made by one Luther King, son-in-law of Ladd. He lay in jail until July the twenty-second, when the case was called for trial. The first and most important witness introduced on the part of the State was Luther King, a penitentiary convict, who was brought from his cell for that purpose, at groat expense to the county. Mrs. Eddy, George Mulkey and wife and Norman Lilly were called to the witness stand, but their united testimony was considered insufficient by Judge Mosher, who suggested that the proposition rest. The defense introduced no testimony. I. N. Smith opened the case on the part of the State with a few brief remarks. Opposing counsel declined to address the jury and the case was submitted. The judge in his charge to the jury, said, in substance, that in order to convict, they niudt be satisfied beyond a reasonable doubt that Ringo was killed by poison and that said poison was administered by Ladd ; that there was no evidence of any symptoms of poison previous to death and that a jury could not convict without evidence. The judge further remarked that he did not think there was sufficient evidence to even create a suspicion - and submitted the case. Without retiring from the box, the jury returned a verdict of not guilty, and were discharged.

Killing of Dr. B. F. Hutchison and Melvin McKee. - On the morning of Wednesday, August 16, 1882, Doctor B. F. Hutchinson, aged seventy-five, and his adopted son, Melvin McKee, about fourteen years old, were discovered at their place of residence at Coffrey slough, about one mile southwest of Oneatta, murdered. They had both been shot in the back of the head, presumably at close range, as the tops of their heads were literally blown off. The deceased doctor had sold some cattle on the fourteenth and received a considerable sum of money in coin which could not be found.

At the fall terra of the Circuit Court, 1882, Ben Johnson, an Indian, was tried for the murder of Dr. Hutchinson, and acquitted. During the March term of the court the same individual was tried for larceny in a dwelling house, and also for the murder of Melvin McKee. In all these he was acquitted, the cost to the county being from three to four thousand dollars, and still no one was convicted for the double murder, although that such had been committed was well established. The all absorbing question then became, who was the perpetrator of the crime. On the last trial it was testified that the track of Ben. Johnson was but a few feet behind the body of the lad, where he was found murdered, and the track was made there after the youth had been slain, because the foot print of the Indian was on top of those of the boy. No wonder then that it was felt that circumstantial evidence was now powerless to convince a jury; that they must have the act of murder testified to by an eye-witness, and then, they might probably reach the conclusion that the deed was done in self defense.

Killing of T. J. Dennis. - It seems that on Saturday morning, December 29, 1883, T. J. Dennis, of Alsea, and his son-in-law, Asa Burbank, went out hunting, and after being out in the mountains for some time, arrived at the summit of Mason Mountain, the dividing ridge between Alsea valley and the coast. Here the two men separated agreeing to meet at a certain designated point later in the day. It would appear that Burbank came to the appointed place - so the story goes - and waited for a time, but Dennis did not make his appearance. Burbank afterwards started home, where he arrived in the afternoon. After gaining his residence he expressed fears that something had happened to Dennis, and feared that he would not get in that night. Dennis did not get home, and that evening Burbank got one of the neighbors to go with him in search of his father-in-law, but he was not found. On the two succeeding days a large party of neighbors, numbering some forty or fifty, were out scouring the moun- * tains for the missing man, continuing the search until January 1, 1884, when the dead body of Dennis was found, about one hundred yards from the place where the two had separated on the previous Saturday. He had been shot with a rifle ball of about forty-five calibre, which entering in front, above the upper part of the chest, ranged down and came out at the small of the back. The surroundings of the place betokened an appearance as if the body had been dragged some fifty feet. The gun used by Dennis was an old hunting Yaeger and hence he could not have been shot with his own gun as the Yaeger ball could not be thrust into the wound that caused death. A coroner's jury, composed of Justice of the Peace/ Judson Seely, and Messrs. Willis Videto, Newton V. Bennett, W. H. Sights, O. M. Bennett, W. W. Rider, and Jasper Haydon, found that T. J. Dennis, came by his death from the discharge of a gun -in the hands of an unknown party.