History of Custer County, Nebraska; a narrative of the past, with special emphasis upon the pioneer period of the county's history, its social, commercial, educational, religous, and civic developement from the early days to the present time, Part 22

Author: Gaston, William Levi, 1865- [from old catalog]; Humphrey, Augustin R., 1859- [from old catalog]
Publication date: 1919
Publisher: Lincoln, Neb., Western publishing and engraving company
Number of Pages: 1180

USA > Nebraska > Custer County > History of Custer County, Nebraska; a narrative of the past, with special emphasis upon the pioneer period of the county's history, its social, commercial, educational, religous, and civic developement from the early days to the present time > Part 22

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

The story of the Hlaunstine murder and ex- ecution, which occurred in the latter part of the '80s, is given by James Whitehead, who was a resident of Grant precinct, where the

murder was committed, and who had access to all the facts.

"The murder of Hiram Roten and William Ashley by Albert E. Haunstine occurred No- vember 9, 1888. It was regarded, and time has failed to change the sentiment, as one of the most unprovoked homicides known in the history of this county. The murderer and his victims lived in the same neighborhood - Ro- ten valley. Toward the latter it was not shown that Haunstine had the slightest resentment or enmity. He had, in fact, for a time made his home with Hiram Roten, at whose hands and those of his young wife he had received the best of treatment. Mr. Ashley, who was a relative of Roten's, and lived close by, was not so well known to Haunstinc, yet they were on friendly terms. The school-house of the district of which Roten and Ashley were offi- cers, was located near their homes. A clock and some lumber had been taken from the school-house, and the fact of the missing goods was discovered while yet the tracks of the wagon and team of the supposed purloiner . were fresh and easy to trace. As this was but one instance in many of recent occurrence in the neighborhood, Messrs. Roten and Ash- ley determined they would thoroughly investi- gate, and, if possible, detect the culprit.

"We are not certain as to the length of time they were absent before their friends became uneasy and instituted a search. Some days, however, had elapsed, when a searching party visited Haunstine's home, which was back from the road and isolated, and found it unoccu- pied. In looking around they discovered the bodies of the missing men, near the house. partly covered by hay. Subsequent events dis- closed the fact that on reaching Haunstine's house and making their business known. he delivered to them the clock, which he con- fessed to having taken from the school-house : that while they remained within no words or trouble occurred, but when they left the house and started for their wagon he took down his rifle and shot them while their backs were turned, killing them instantly. He then searched them and secured about forty dollars

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in money, their watches and a rifle and re- volver. Their team he tied in an old deserted sod house on an adjoining claim, and, gather- ing together a few household effects, he and his wife started to get out of the country. They went to Arnold, changed teams, and drove down the South Loup river to near Madison, where Hannstine hired out to husk corn. He worked three days, sold his team and then started for Columbus, where his wife had already gone. Just as the train was near- ing town it was flagged by officers who were on his track, and he was taken by surprise and captured while sitting in the smoker with his rifle across his lap.

"He was tried at the March term of the district court. H. M. Sullivan, who was county attorney, had been consulted by the prisoner prior to his election, and had, there- fore, some scruples against acting as prosecu- tor. As a substitute, however, he employed Judge Wall, of Loup City, who, with the firm of Blair & Campbell, represented the state. The defense was conducted by C. L. Gutterson, A. R. Humphrey, both of Broken Bow, and N. V. Harlen, of York. Haunstine was found guilty and was sentenced to be hanged on September 6th following. The case was ap- pealed to the supreme court, and he was again sentenced to be hanged. April 17. 1891. His defense was insanity, and before the date fixed for his execution he acted so strangely that a jury was called to determine his mental condi- tion. The trial lasted three days. Public sen- timent against the prisoner was so strong that a good deal of trouble was experienced in se- lecting a jury. The following named persons were finally agreed upon: J. I. Dillenbeck, T. A. Thum, James Dinwiddie, Frank New- beck. J. C. Hunter, C. U. Richardson, John Curry, Nolan Webb, A. R. Huckleberry. A. Cross, T. H. McCarger, and J. L. Compton. The witnesses for the defense were Mrs. Dr. Talbot, Miss Anna Crawford, Mrs. William Blair, O. M. Kem, William Blair, William Hartsell. John Miller, Charles Parkhurst, and Robert Norcutt. For the state were: Dr. Carter, physician at the state penitentiary ; Dr. Knapp, superintendent of the insane asylum

at Lincoln; Dr. C. Pickett ; Dr. J. J. Pickett. county physician ; Dr. C. H. Morris: Sheriff Jones ; and Rev. O. R. Beebe, - all of whom with the exception of Dr. Knapp ( who said that without a more extended observation he was not prepared to state whether Haunstine was sane or insane), pronounced him sane. and believed that his condition was a feigned one. The prosecution was conducted by the attorneys who had managed the case from the beginning, while to the defense was added H. M. Sullivan, whose term of office as county attorney had expired. It was one of the hard- est fought and most ably conducted legal bat- tles ever witnessed in Custer county. Mlr. Campbell (then county attorney) was a lawyer of long practice: he was familiar with every turn and detail of the case, and his associates were men of exceptional ability. Judge Wall. especially, ranked high as a trial lawyer, was keen and resourceful, a good reasoner and an eloquent pleader. Gutterson, Humphrey, and Harlan were experienced and well informed practitioners, and the addition of Sullivan made a quartette that combined the qualities well nigh invulnerable. They were, however, placed in a most trying position. The preju- dice against the prisoner was marked and uni- versal. No circumstance connected with the killing of his victims could be urged in pallia- tion. It was a cold-blooded, unprovoked butchery of two respected and highly es- teemed citizens, and public sentiment demand- ed his execution. The date of hanging was fixed for the following day, and a vast multi- tude had assembled from all parts of the coun- try and from different portions of the state as well. The determined expression and sullen silence of the crowd was ominous. Represen- tatives of the press from Lincoln, Omaha, and elsewhere were present, awaiting the hour when the prisoner should atone for his crime. Adjoining the court house and facing its south door, the gallows was being erected and the din of the workmen's hammers was distinctly heard in the court room. None was more keenly alive to the situation and the odds against him than the prisoner's counsel. By mutual agreement the principal plea in his

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behalf was made by Mr. Sullivan. He re- mained calmly in his seat until the proper moment arrived. When he arose to address the jury no sound save the breathing of the audience could be heard. With a few prelim- inary remarks, in which he avowed his belief, and that of his associates, in the irresponsibil- ity of the prisoner, he pushed eagerly forward into the very heart of the matter. The scene that followed was bewilderingly rapid in trans- formations ; his appeal seemed absolutely to swell with indignation. Every look, word, and gesture showed the intensity of his feelings. Those who were opposed to him in their be- lief as to the mental condition of the prisoner were forced to admire the determined and in- trepid courage manifested in the face of all opposition. As by the legerdemain of some skilled magician, that vast audience was swayed and moved by the passionate appeals of the orator and the dramatic episodes that marked its delivery. The prisoner alone sat unmoved. The veteran judge, who for years had sat upon the bench and listened to the most powerful pleadings of attorneys of note and orators of national renown, was visibly .affect- ed by the eloquence and earnestness of the young lawyer, and afterward, in conversation with the writer, paid high tribute to his splen- did effort. But no power on earth could save his client. The sword of justice, so long sus- pended, was about to descend. The judge de- livered his charge and the jury retired to their rooms for deliberation. They returned to the court room several times for further instruc- tions, and for the reading of different parts of the testimony. They also examined the cell, and appeared to be according the doomed man every chance. At two o'clock in the morning they came into court with a verdict of sanity. The prisoner received the verdict with the same stolid indifference that had character- ized his appearance during the whole inquiry. When, however, the time arrived that had been designated by the court as the fatal morning, the doomed man seemed to have thrown off the mask and was, apparently, trying to fit himself for his impending fate. He requested Sheriff Jones to call in Father Haley to ad-

minister the necessary consolation in the last moments of his earthly career. At half past ten o'clock the priest visited the jail and learned his wishes. He requested the priest to come early next morning and prepare him to die a sincere Catholic. At the appointed hour Fath- er Haley visited the jail, explained the doctrine of his church, and stated the necessary condi- tions for one who embraces the Catholic faith. Being satisfied as to the prisoner's sincerity and disposition to become a Catholic, he heard his confession, had him make the profession of faith, and administered the sacrament of baptism, according to the rites of the church.

"In the meantime a rumor had been floating about that a telegram had been received by Sheriff Jones from Governor Boyd, granting to the condemned a reprieve for thirty days, which, upon investigation, proved true. After the fact became generally known, great in- dignation was freely expressed. About three o'clock in the afternoon the immense throng became restless, and muttered threatenings be- gan to be heard on all sides.

HAMER AND OTHERS QUIET CROWD

"Just at this critical moment, before the thunder cloud of discontent and distrust of the law could burst forth, the calm, dignified person of Judge Hamer appeared upon the stone steps at the front door of the court house, and he briefly, in a clear, ringing voice, ad- dressed the people as follows :

"Fellow Citizens of Custer County: I have been trying to administer the law in this coun- ty, as I interpreted it, fairly, carefully, and candidly - so carefully that no decision hand- ed down by me upon this bench has been re- versed. Have patience; the majesty of the law will be maintained. I have always found the people of this county law-abiding citizens ; I have always found them ready to defend the innocent and punish the guilty. If. as I have been informed, there seems to be a disposition to murmur at the law's delay, arising among you. I pray you be patient. Pause : make no mistake. This man whom you would have ex- piate his offense upon the gallows to-day was tried by a fair and impartial jury of his coun- trymen and found guilty. As he had a perfect right to do, hie appealed his case to the supreme court, and there the verdict of your jury was

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sustained and he was again sentenced to be hanged. Where there is a question of the sanity of a prisoner under sentence of death, the law provides that upon notice from the sheriff of the county it becomes the duty of the district judge to cause a jury to be em- panelled to make inquiry as to the sanity or in- sanity of such prisoner. I received such a notice. Such a jury was called, and, after careful inquiry, pronounced him sane. I de- sire again to call the attention of the people to the fact that, as to the prisoner, he stands in this position: He was tried and convicted. He was again convicited and is now ready for execution. I therefore ask you to do your duty as law-abiding citizens. I want to say to you that the arm of the law is all powerful if it can have the support of honest men. I know Governor Boyd, and I believe that he is an honest man. He must have had good rea- son for granting this reprieve. We do not know what showing may have been made to him. There are always two sides to a ques- tion, and I believe that we should have patience and trust the man that your ballots have placed in such a high position. You have yet no rea- son to complain. Wait. You will be protect- ed. Telegrams have been sent, but as vet we have received no answer. You have no reason to doubt yet. I am aware of the fact that the burden of taxation upon you is already heavy - no one knows this better than I -but the expense has already been made. No further ex- pense is to be incurred. I therefore ask you, as honest men, as law-abiding citizens, that you do nothing rash. Let it be said that the law has triumphed in Custer county, and that jus- tice reigns.

"James Whitehead, James Stockham. and Judge Wahl each addressed the crowd and succeeded in quieting them. Judge Hamer, James Whitehead, and James Stockham later called upon the Governor, to obtain assurance that no further obstacle would be offered to the execution of the sentence, and they were informed that as far as any action of his might be concerned, their trip was utterly useless. He intimated that he proposed to of- fer no further delay than that provided for in his order of respite, and should not have of- fered that had he been informed in time of the result of the investigation of Haunstine's alleged insanity.

THE EXECUTION TAKES PLACE

"Thirty days thereafter. at an early hour

in the morning, the streets of Broken Bow began to fill with people from the surrounding country. to witness the closing ceremonies of the doomed man's career on earth. The cen- ter of attraction for the crowd appeared to be the enclosure of rough boards adjoining the south end of the court house, which hid from public gaze the scaffold from which the mur- derer was to be dropped into eternity. The doors of the court house were closed against the admission of all except those who had a permit from the sheriff, and a wire fence was placed about the shed containing the scaffold, at a distance of about twenty feet. It had been decided to have the execution at one o'clock, but this was not known to the public generally. Accordingly as early as nine o'clock in the morning the crowd began to gather, in order to be on hand when the time came. The scaffold was fenced in by a high board wall. Time wore on slowly until noon; the crowd gathered until fully 2,000 men, women, and children blocked the street on the south side of the court house. Noticeable among the num- ber were many women with babes in their arms. Prominent among those present were many relatives of the men murdered. all eager to witness the doomed man pay the death penalty. We would add here that the rela- tives of the doomed man were esteemed and highly respected citizens, well known to our people, who sympathized deeply with them in their great trouble, which, through no fault of theirs, had come upon then.

"About 12:30 o'clock a thrill of excitement went through the crowd when Eli Roten ap- peared on the top beam of the scaffold which projected above the fence, and threw a block of wood over into the yard. This was a signal which had, seemingly, been agreed upon. whereupon about fifty men sprang over the wire fence, shoved the guards aside, and in less time than it takes to tell it, the high fence was lying flat on the ground and the gruesome gibbet stood in plain view of everybody. It was a moment of intense excitement, but Sheriff Jones stepped upon the scaffold and exacted of the crowd a solemn promise to re- main outside the fence and interfere no further with the proceedings. Haunstine, accompa-

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nied by Father Haley and Sheriff Jones, mount- ed the scaffold. He looked for a moment over the sea of upturned faces and in a full, steady voice, without a tremor, he said :

"Ladies and Gentlemen - I desire to ask forgiveness from any one here whom I have offended. I also want you to forgive me for all the trouble and expense I have been to the county. I also ask all to take warning from me, and learn to do right before it is too late. Remember that little things grow into large things and the committing of little sins led me on to the commission of the crime which has brought me where I now stand. Again I ask all to forgive me, and hope you will not neg- lect to seek salvation.

"Father Haley then whispered a few parting words of consolation, pressed the crucifix to the doomed man's lips, placed a cross and a string of beads around his neck, and exactly two minutes before one o'clock the trap was sprung. The strain of the shock was too much for the rope, which parted like a thread, letting the unfortunate man fall in a heap to the ground. The second fall broke his neck and in thirteen minutes he was pronounced dead, by the physicians in attendance. His body was taken into the sheriff's office, where it was prepared for burial by W. J. Woods, after which it was turned over to his brother, who, in the silence of the night, took the remains to his home in the southwest part of the coun- ty, where they were quietly interred. Thus ended the tragedy which opened that bright November morning in 1888. It was an impres- sive, a horrible scene, and one which few who witnessed it will ever care to sce repeated.

THE ONLY EXECUTION

"In preparing the above account of the first and only legal execution that has ever taken place in Custer county, years after the com- mittal of the crime, we have had access to the records, and from the attorneys engaged have sought additional information ; but it is to the local papers that so faithfully chronicled the events and daily happenings in the community that we are principally indebted for the details given, prominent among which we mention the Custer Leader, the Republican, the Merna Rec-

ord. the Callaway Courier, and the State Jour- nal."

A FATAL LAND QUARREL

Some time in the early spring of 1885 Jo- seph Y. Province and his family, in which there were several boys, settled on the South Loup near the mouth of Spring creek. He had homesteaded a quarter-section in the Brighton ranch and one upon which pre-emp- tion papers had been previously taken out. He had hardly established his residence before a man named Stephen Long claimed the place by right of relinquishment papers from the man who had made the former pre-emption entry and began building a house on the place, not far from the Province home.

Concerning the feud that followed, and that later ended in a gun fight and the death of Province, an early writer tells the story as follows :

"This man Long was a single man and an employe of the Brighton Ranch Company. The feud thus started between the rival claim- ants to this land ended later in the killing of old man Province.

"It will be remembered that the land within this immense pasture, comprising some fifteen square miles of territory, was government land subject to entry by homesteaders, and was sim- ply appropriated by the cattle men without war- rant of law. As soon as settlers began to file on claims within its fence the ranch company had as many of its employes as possible file on claims, in order to retain for its use the claims thus taken. Long is said to have been one of these employes, and from this time on constant quarrels occurred between him and Province, pending the decision of the land office as to the rightful owner of the claim. There were charges and counter charges. At one time, we believe, the ranch company had the Province boys, George Sickler, and John MeDermott, arrested on a charge of cattle stealing. John McDermott demanded a sep- arate trial, and the company proved that he helped to kill a 1,600-pound beef and carried one hind-quarter two miles in a two-bushel sack. John S. Kirkpatrick (now a member of

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the Nebraska supreme court commission), then a young man, just starting in business in Cus- ter county, had John's case in hand. He took advantage of this evidence, made an eloquent plea, showing that his client was a man who weighed but 110 pounds, yet had been charged with carrying one-quarter of a 1,600-pound beef two miles in a two-bushel sack. The jury was out about fifteen minutes, and it is said they agreed among themselves that they believed the prisoner was not guilty, but if he had done as the testimony said he did, Mac had earned the beef. The cases against the Province boys and Sickler never came to trial."

WAR BREAKS OUT

On Thursday morning. April 9, 1885, Mr. Province started to Broken Bow, leaving two sons, aged about twelve and fourteen respec- tively, to plow. Shortly after the departure of Province, Long appeared where the boys were at work, armed with a Winchester, and ordered them to quit or he would shoot. The boys immediately quit work and started after their father, overtaking him before he ar- rived at Broken Bow. Mr. Province came on to town and contemplated getting out a war- rant, but being advised not to do so, returned home during the evening. The next morning he went out and commenced plowing where the boys had left off. A few hours later John McDermott came galloping into Broken Bow with the news that Mr. Province had been shot down by Stephen Long or Charles Powell. Dr. Daum immediately started for the scene of the tragedy and found that Province was dead.

On Saturday morning. Dr. Hull, county coroner, summoned a jury and, in company with a large number of citizens of Broken Bow and the surrounding country, visited the place where the murder had been committed. There all the available testimony was taken. The first witness examined was Maria Powell, wife of Charles Powell, who lived in the house with Long. In her testimony Mrs. Powell said that she was in the house when the shooting oc- curred; Mr. Powell and Mr. Long had gone out of the house : Mr. Long had a Winchester

and Mr. Powell a needle gun ; did not see the men when the shooting commenced, and did not see outside until after Mr. Province was shot ; heard Province call for Mr. Long to come on, he was ready for him. She thought Province had fired five shots, Long two, and her man the last shot. When the shooting was over she saw Long and Powell in the dooryard, and Mrs. Province coming down to where her husband was lying. I asked Mr. Long: "Did you hit him?" He said: "I guess I did, for he fell." The men stayed about the house until after dinner and then went down to Allyn's lower ranch.

Philip S. Province, a son of the deceased, said he was plowing with his father ; that Steve Long and Charley Powell came out of the house and shot two or three times, and that his father then shot at them several times with a revolver. The men were about seventy-five yards distant when the firing commenced, and he was sure his father did not commence shoot- ing first. After they had fired several shots he saw Long behind a wagon and Powell on the west side of the house. They kept on fir- ing and Province fired several shots at them with his revolver, and also with a shotgun which he had with him. He then started for the house and had gone about twenty feet when he fell. The shooting took place about eight o'clock in the morning.

Joseph Y. Province, supposed to be on his death bed, but in sound mind and memory, doth depose and say :

Stephen D. Long, and. I think, the man living in the house with said Long, on the 10th day of April, 1885. about eight o'clock in the morning, came out and commenced shooting at me, with repeating rifles, as near as I could make out. I shot back at them. I was in my field plowing, about fifty yards from said Long's house, when the firing commenced. After they had shot once or twice I shot back. I shot five times, one with a single-barrel shot gun and balance with a revolver. Buck shot No. 3 was in the shot gun. They shot a dozen or more shots. After I had shot all in my weapons, as I thought, I called to them to stop shooting ; I would give up; but they kept on shooting until one of them hit me. I do not know which one hit me. When said Long

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came out I said: "Now draw your revolver on me if you want to." I was on my way to my house when I was shot. I was about 100 yards from said Long's house when 1 was shot. JOSEPH Y. PROVINCE (His (X) Mark) Witness to his mark, Jasper Newlan.

Sworn and subscribed to before me, in the town of Custer, county of Custer, and state of Nebraska, this 10th day of April. A. D. 1885. BENJAMIN L. BRISBANE, Town Clerk for the Town of Custer.

The following verdict was returned by the coroner's jury :

STATE OF NEBRASKA, Custer County.

At an inquisition held at the late residence of Joseph Y. Province, in Custer county, Ne- braska, on the 11th day of April, 1885, before Wyman Hull, coroner of said county, upon the body of Joseph Y. Province, lying dead, by its jurors, whose names are hereunto sub- scribed, the said jurors, upon their oaths, do say that the deceased came to his death by means of a gun-shot wound, inflicted by a bul- let discharged from a gun in the hands of one Stephen Long or one Charles Powell, whom the jury find made a felonions assault upon the said deceased, on the morning of April 10. 1885, with repeating rifles, each of said parties firing several shots at deceased, one of which shots struck and produced the death of said Joseph Y. Province.

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History of Custer County, Nebraska; a narrative of the past, with special emphasis upon the pioneer period of the county's history, its social, commercial, educational, religous, and civic developement from the early days to the present time, Part 22

Author: Gaston, William Levi, 1865- [from old catalog]; Humphrey, Augustin R., 1859- [from old catalog] Publication date: 1919 Publisher: Lincoln, Neb., Western publishing and engraving company Number of Pages: 1180

Author: Gaston, William Levi, 1865- [from old catalog]; Humphrey, Augustin R., 1859- [from old catalog]
Publication date: 1919
Publisher: Lincoln, Neb., Western publishing and engraving company
Number of Pages: 1180