USA > Colorado > History of the State of Colorado, Volume III > Part 21
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After taking what money they had and dividing it, Filomeno re- taining the larger portion by virtue of his right as chief assassin, they
Olney. N. Borden
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washed the blood from their hands and faces, and throwing their gory clothing into the cellar, locked the doors and went to Gallotti's tin shop on Fifteenth street, where plans for flight were considered. About nine o'clock that night the monsters revisited the scene of their infernal butchery, for what purpose no man can tell. The same night they walked to Littleton twelve miles distant, where they boarded a Rio Grande freight train and went to Pueblo, thence southward to Trinidad where three of the band stopped off for a time and were apprehended as already narrated. They obtained quite a large sum of money, twelve to fourteen hundred dollars from old man Joe, according to Allessandri's account, and this was the impelling cause for the horrible slaughter ; the rest has been told.
When it is clearly understood that this unparalleled massacre was deliberately planned and executed in cold blood as set forth by the witnesses and perpetrators, for all confessed, the mind is stricken dumb with amazement that it could have been permitted by an All Wise Providence, and it is still more astounding that these foul and monstrous anomalies made up of rank depravities, should have escaped the extreme penalty of the law. But such was the fact, and it forms the most extraordinary phase of the tragedy.
The preliminary examination took place December 4th, 1875, before Justices O. A. Whittemore and Daniel Sayre (the latter now a resident of Leadville), ex-District Judge Christian S. Eyster being the prosecuting attorney. It is needless to epitomize the evidence, for it was substantially as heretofore recited. Suffice it that the prisoners were held for trial at the District Court, Judge A. W. Brazee (now United States Commissioner ) presiding.
On the 29th of January, 1876, they were ushered into a densely crowded court room, and arraigned for trial. Nearly all the members of the Denver bar were present. E. L. Johnson, one of the most learned and accomplished linguists of our time, interpreted for the court. The accused not having employed counsel, the court assigned J. F. Welborn, E. L. Johnson, H. C. Dillon, B. F. Harrington, M. B. 16 111.
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Carpenter, W. W. Cook and D. B. Graham to defend them, C. S. Thomas appearing as special counsel for Filomeno Gallotti.
The Grand Jury had indicted nine of the confederates jointly in eight indictments, numbered from 861 to 868 inclusive. After numerous dilatory motions and pleas in abatement had been disposed of and the indictments sustained, on the 7th of February the defendants plead not guilty to indictments 861 and 868. Subsequently motions were made to allow the defendants to withdraw their pleas of "not guilty" and to plead "guilty," but they were denied by the court. Afterward, and at the April term, two new indictments, numbered 915 and 916 were pre- ferred for murder, based upon the same facts. Number 915 was quashed. To 916 Gallotti plead "guilty." Thereupon Judge Brazee invited discussion by counsel respecting the proper construction of the legislative act of 1870, amending the 20th section of the criminal code as to the penalty which the law authorized to be inflicted under a con- viction on a plea of guilty in such case. Judge Eyster, H. P. Bennett, A. P. Hereford for the prosecution, and E. L. Johnson for the defense, addressed the court, defining their opinions, and at the close Judge Brazee gave his decision that under this plea the defendant could not legally be condemned to death under the statute.
Under the highly excited state of public feeling, this extraordinary and wholly unexpected turn of affairs, which it was seen opened wide the doors of escape for the worst criminals that ever cursed the world, Judge Brazee was sharply criticised and fiercely condemned for his ruling. He was not moved, however, by public clamor, but proceeded to administer justice in the premises according to the law as he found it, and not as he or others thought the law ought to have been. He had the satisfaction, if any there could be, of seeing under a similar statute, his decision followed by the courts of Minnesota in the case of the infamous Younger Brothers, who murdered a cashier in the attempt to rob a bank, and who escaped the gallows under a plea of guilty. His views of the law referred to, were also accepted by his associates on the
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bench in Colorado in. like cases. The section of the statute on which his decision was based, read as follows:
SECTION 1. That Section 20 of Chapter 22, Revised Statutes of Colorado Territory shall hereafter be construed so that the death penalty for the crime of murder shall not be ordered inflicted by the courts of the Territory, unless the jury trying the case, shall in their verdict of guilty also find that the killing was deliberate or premeditated, or was done in the perpetration or attempt to perpetrate some felony.
Under this section it was entirely clear that any criminal, no matter what the enormity of his offence, had only to enter a plea of guilty to save his neck from the halter, for courts and juries were power- less to order otherwise. The peculiar wording of the law left no alternative. The legislative will was supreme. Representatives of the people had so enacted, and there was no right to deny the plea. Sec- tion 211 of the same statute read as follows:
"In all cases when the party indicted shall plead guilty, such plea shall not be entered until the court shall have fully explained to the accused the consequences of entering such plea, after which if the party indicted persists in pleading guilty, said plea shall be received and recorded, and the court proceed to render judgment and execution thereon, as if he or she had been found guilty by a jury." But section 20 previously quoted was the latest expression of the legislative will, and therefore as far as the two sections conflicted, governed the case.
Ballotti was tried on indictment 861. In the course of this trial, Hon. George W. Miller was employed by the State to assist the dis- trict attorney, and lent powerful aid in prosecuting the case. At the close, in reviewing the testimony, he delivered a masterly address which resulted in the conviction of Ballotti. The jury rendered a verdict of guilty as charged, that the murder was committed with deliberation and premeditation, and in the perpetration of a felony. Motions to set aside the verdict, for a new trial, and in arrest of judgment, were filed and argued. After due consideration all were denied by the court, where- upon Ballotti's attorneys, with the consent of the district attorney,
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were allowed six months in which to tender a bill of exceptions. On motion of the district attorney the sentence upon Ballotti on the verdict was suspended. Subsequently however, Ballotti plead guilty to indict- ment 868, and thereupon was sentenced to the State penitentiary for life. The district attorney never moved for sentence against him on the verdict. Probably the reason was that he did not desire to see the death penalty inflicted on one of Gallotti's followers, while Gallotti him- self, the prime instigator and chief actor, who poured out blood like water, reveled in it, and drank it fresh from the gaping wounds of the slaughtered, escaped with his life.
Deodatta was tried on indictment 868, and was acquitted by the jury, as he was simply an accomplice after the fact, and had naught to do with the murders. Arratta and Allessandri, who were mere boys, were probably frightened into taking part by the older members. They were, therefore, allowed to plead guilty to voluntary manslaughter, and sentenced each to ten years' imprisonment.
After Filomeno Gallotti plead guilty to indictment 916, which charged the same offences as the other bills brought in, it was clear that under the ruling of the presiding judge as to the punishment that must follow his plea of guilty, the other defendants ought to be allowed, and with the consent of the district attorney, were allowed to withdraw their pleas of not guilty, and plead guilty. These were sentenced to imprison- ment for life. The curious will find the record of these cases in journal ten (10) of the Territorial district court for Arapahoe County, indexed under the title of "The People vs. Filomeno Gallotti et al."
To comment further upon the diabolical murders, would be need- less waste of words. The details have been set down in all their Stygian blackness. It is impossible for tongue or pen to exaggerate the horror of the scenes that have been portrayed as fully as mere words can picture them. But there will always remain in the public mind a feeling of resentment against the legislative assembly for having so amended the criminal code as to open the way for the tender of mercy and life to such
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self-confessed demons as Gallotti, Campagna and Ballotti. It only remains to relate the sequel, which may be briefly told.
Arratta and Allessandri served out their terms and were discharged. What became of them is not known. Ballotti died in prison. Cam- pagna was released by limitation of his life sentence. Only one,-Val- entini,-now remains. Gallotti, the chief, was pardoned by Governor Eaton, February 18th, 1885, by intercession of the prison authorities and others. He had been in the hospital for two years, suffering, as alleged, from an incurable disease, varicose, or preternaturally enlarged veins in his legs, and the medical advisers pronounced him beyond their aid and skill; that he was slowly dying, and must soon pass away. A woman who claimed to be his mother, came from Italy to supplicate for the release of her son that she might soothe and console him in his last moments. The pardon was issued; the woman took him to New York, and thence to Italy. She was well supplied with money. I am informed by General Cook that some of the Italians now here received letters from Gallotti saying he had recovered, and that the brigands of whom he had formerly been the leader, furnished the money and sent the woman to procure his release.
CANNIBAL PACKER.
The details of the awful tragedy subjoined, also form a part of our history, and therefore are given a place therein. It is almost incredible that it could have been enacted in the light of our civilization, and in a land where resort to wholesale massacre can never be justified by any of the exigencies of self-defense, or any other event within the range of human experience. The account following is the result of personal interviews with General Charles Adams (late minister to Bolivia, under President Arthur), Hon. Otto Mears, a member of the State Board of capitol commissioners, and Mr. Herman Leuders, all of whom were familiar with the incidents related, and bore prominent parts in them as will appear, as we proceed.
Late in the autumn of 1873, a company of men, about twenty in number, having resolved to prospect for gold and silver mines in the San
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Juan Mountains of Southwestern Colorado, left Utah for that purpose. In due time they reached the Uncompahgre River at a point near where the present town of Montrose is situated, though there were no white inhabitants in the country at that time. Here was located the encamp- ment of the famous Ute chief Ouray, who received and gave them a cordial welcome. This occurred about the middle of December fol- lowing. They were weary and footsore from their long and difficult journey, and destitute of provisions.
Their mission having been announced, Ouray apprised them of the great danger of attempting such an expedition at that season, and endeavored to dissuade them from it, generously offering to subsist them at his camp until spring, as game was quite abundant in that region. He warned them against crossing the higher ranges of mountains where Jay the treasure of which they were in search, saying it could be accom- plished only at the risk of their lives, as everything indicated a very severe winter, with extraordinary snowfalls. But his friendly admo- nitions, though accepted by the majority, were not heeded by others, who seemed determined upon entering upon the promised land notwith- standing its perils, in order that they might secure the richer prizes in advance of the crowd that would be certain to come in the spring, and although they might suffer great hardships, they were prepared for the undertaking. Having exhausted his resources of argument without effect, Ouray, finding six of them resolved upon going, furnished the remainder with a small stock of provisions, and directed them to follow up the Gunnison River on the ice until they should come to the govern- ment cattle camp, where they probably could obtain further supplies. They proceeded as directed, and after a time nine of them safely arrived at the town of Saguache in the San Luis Valley, the others having made their way to other points. A few days later the more venturous six, named Miller, Bell, Humphreys, Swan, Noon and Packer, undertook to cross by the same route, but on reaching the mouth of the Lake Fork of the Gunnison, they by mistake took the right fork leading to Lake City, or the spot where that town was founded some two years later.
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Packer assuming intimate knowledge of the country, acted as their guide.
To these men Ouray gave as much food as they could well carry, saying as he did so, that he never expected to see them again alive, as it was certain death to go where they purposed going. The prediction of the grand old chieftain was verified, though not in the manner he anticipated. He never saw them again in the living state.
Six weeks later, Packer made his way alone to the old Las Pinos agency, located on the Cochetopa Creek about seventy-five miles from Lake City. On arriving there he related his adventures to Mr. Stephen A. Dole (private secretary to General Adams the agent, who was then absent from the post), stating that he (Packer) had started out from Ouray's camp with five others, but after a few days' traveling he was lamed and unable to walk; that his companions and himself disagreeing as to which way they should go, they had deserted him, taking a southerly direction, while he, after resting a few days and then being able to resume his journey, had slowly and laboriously found his way to the agency, subsisting on roots and berries, and an occasional squirrel or rabbit he managed to kill. He told Dole and others he had no doubt that his comrades had reached Silverton or Animas Valley. His appearance however, did not indicate any such suffering as was claimed, for he looked hale, hearty and well fed, though somewhat fatigued from his long tramp. Instead of asking for food, his first demand was for a drink of whisky.
Mr. Dole sympathizing with Packer from the pitiful tale he told, said no doubt General Adams would give him employment about the agency for a time, but he seemed strongly disinclined to accept the offer if made. After a few days of rest and recuperation Packer departed, saying he would go down to Saguache (forty-five miles distant), and thence return to his family and friends in Pennsylvania. At this time, according to his own account, he was wholly without money, and to procure some, sold his Winchester rifle for ten dollars, to one of the agency employes.
The next heard of him was at Saguache, where he spent most of
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his time in drinking, carousing and playing poker. At times he exhibited considerable sums of money. A few days after leaving the agency, some Indians discovered and brought in strips of flesh, which the agency physician declared must have been cut from a human body. As they were found on Packer's trail, it was at once surmised that Packer had killed his companions and subsisted on their flesh, instead of roots, berries and rabbits, as he had narrated to them.
The members of the original party of twenty, who had preceded him to Saguache, on meeting Packer there inquired of him what had become of the other five. He told them, as he had Mr. Dole, they were in Silverton or in the Animas Valley, as on leaving him they went in that direction. During his stay he went to the store of Mears & Gotthelf and asked if they had a horse they would sell, as he wanted to buy one. Mr. Mears sold him a horse for seventy dollars, for which Packer paid in bank notes, but Mears believing one of them to be counter- feit (he had been told by one of the original Utah party that Packer had been in jail at Salt Lake for passing counterfeit money), asked him for another. Packer then produced a different pocketbook than that from which the first had been drawn, and opening it took out another bill, giving it to Mears in place of the note that had been rejected, and in doing so displayed a red printed draft, such as were then used by the Wells-Fargo Express Company, which attracted the attention of Mr. Mears, though he said nothing. About this time General Adams, who had come from Denver, arrived at Saguache en route back to the agency, to whom Mears related the strange circumstances connected with Packer's arrival there, and his suspicions that he had murdered and robbed his companions in the mountains. Conferences with the members of the original Utah party who had reached the same con- clusion, as they knew that Packer had little or no money when they left him, brought a proposition from Adams that if Packer could be induced to go back to the agency where he (Adams) had full juris- diction, he would either force a confession from him or hold him a prisoner until an investigation could be made as to the fate of his
m. Breen
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companions. He then informed Packer that if he would go as guide, he would outfit a party to hunt for the missing men. After much reluctance and numberless excuses, he agreed to go if Adams would bear all the expenses, and in this manner Packer was brought to the agency, accompanied by Mears and two or three of the Utah men. On the way thither, in crossing Cochetopa Creek, Packer was seen to throw something into the stream, and when asked what it was, he replied it was some trash for which he had no use. They reached the agency at dark that evening, when Adams sent for Packer to come to his office. He said to him, "Packer, Mr. Mears informs me you had two pocketbooks at Saguache, both containing money; I want to see them." He denied having any, whereupon Adams requested Mears to search Packer, but nothing further than a knife about nine inches long, was found. Then both came to the conclusion that it was the pocket- books Packer had thrown into the Cochetopa.
By this time it became known that none of the party with whom Packer had entered the mountains had reached Silverton or the Animas Valley, and the circumstances foregoing convinced Adams and all con- cerned that they had perished in the deep snows, or had been killed and robbed by Packer, the latter suspicion being very strong, as some of them were known to have possessed considerable money in notes and drafts. In addition, in one of his fits of intoxication at Saguache, he had exhibited a pipe, a pocket knife and some other small articles known to have belonged to the missing men. General Adams had carefully noted all these suspicious circumstances, and having Packer in his power, resolved to force the facts from him. All who were interested in the proceedings, more especially the Utah men, were so deeply incensed against Packer, threats to lynch him were freely indulged. Packer, in reply to Adams' question, "Where did you get the large sums of money shown at Saguache, as you had but ten dollars on leaving here ?" said he had borrowed it from a friend. Said Adams, "What you have told me is false ; now I want to know, and will know what became of your comrades whom you left in the
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mountains. You have lied to me! I believe those men are dead, and that you know who killed them, and I am determined to know the truth." Packer, now thoroughly alarmed, related the following in substance:
"After four or five days the provisions gave out, and old man Swan died of starvation. They cut off pieces of his flesh and ate them. A few days later Humphreys died, and he was treated the same way. Later when they had camped, he (Packer) went out to get some fire-wood and when he returned Miller had been killed by the others. Several days after, Bell shot Noon, and they both ate his flesh. Then only himself and Bell remained, and they agreed between themselves to spare each other's life. Packer had Swan's gun, Bell had a rifle. They decided to make their way out of the mountains to some settle- ment, believing they could kill rabbits and other small game enough to maintain them."
But according to this remarkable confession, the compact did not endure. Packer proceeded to relate how Bell, the last of the five, was disposed of. He said, "Whenever a man was killed, after cutting off the flesh, the bones were gathered and buried in his blankets." One day while in a grove of spruce trees, Packer stooped to take up some faggots for their camp fire, when Bell struck at him with the butt of his rifle, but the gun striking a tree missed its aim, and was broken. Thereupon, to save his own life he shot Bell, and subsisted upon his flesh until he arrived in sight of the agency, when the strips he had brought along for food were thrown away, and this explained how the Indians came to find them on his trail. The killing of Bell, he said, occurred near Lake San Christoval. He cut from the body all the flesh he could conveniently carry, and, the sole survivor of the party of six, made his way in pain and suffering to the agency.
This horrible story, though carefully narrated, was not fully credited by any one, but General Adams said, if the facts were as had been stated, Packer was not to blame, but to prove its truthfulness, he must accompany a party next day and show where the bodies were
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buried. So a party of six was organized under command of H. F. Lauter, for an immediate investigation of the borders of Lake San Christoval for the remains of the unfortunate Bell, supposed to have fallen there. Packer was forced to accompany it as guide. They were absent two weeks. Instead of taking the direction of the lake however, Packer led the party in the opposite course, and when they came down on the lake fork of the Gunnison, near Indian Creek, he declared that he had no knowledge of the country whatever, and was wholly lost. The fourth day out he had made an attempt to kill Lauter with a large knife, but was seized by Lauter and disarmed. When he declared himself to be bewildered and lost, a man named Nutter of the original Utah party, who accompanied the expe- dition, said to Packer, "I am satisfied now that you killed those men, and ought to be hanged for it." He replied, "If you are satisfied that I killed the men, you find them." The search therefore ended in complete failure, and there was nothing to do but go back to the agency and report. Lauter, being a constable, then took charge of Packer, and deputizing Nutter to accompany him, went to Saguache, and turned the prisoner over to the sheriff of that county. The search was kept up however, and at various times, articles of clothing and other things were discovered, which still further confirmed the suspicions that the men had been killed.
In June the greater part of the heavy snows had disappeared, and prospectors began to go into the mountains, many of whom passed the agency en route. General Adams related to them what had occurred, and requested them to look for the bodies of the men who had gone to the mining fields with Packer the previous winter.
Among the first that went to Lake City that spring was a pho- tographer named Reynolds, who made views and sketches for "Harper's Weekly." While passing through a spruce grove, Reynolds came upon the bodies of five men, four lying in a row, each showing that his head had been crushed with a hatchet or an ax, and that they had all been killed while sleeping. The bodies were covered with
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blankets, and were in an advanced state of decomposition. The fifth man, Bell, lay some distance from the others; examination proved that he had been shot with a rifle, and the head had been cut clean from the trunk. There were abundant signs of a sharp, fierce struggle, indicating unmistakably that Bell had fought desperately for his life. Most of the flesh had been cut from his body, but the others were less extensively mutilated, which seemed to prove that the party was not destitute of food when killed, and that Packer had slain them for their money and property. Another circumstance which indicated the desperateness of the fight with Bell, was that when Packer arrived at the agency two of his front teeth were missing. A rude shanty or cabin was found near the spot, and leading from it to the battle ground was a well worn trail, showing that Packer had occupied the cabin for some time, making frequent visits to the victims and subsisting upon their flesh.
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