USA > Nebraska > Douglas County > Omaha > History of Omaha from the pioneer days to the present time > Part 11
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This hanging affair, which was conducted by the best men of Omaha, had a salutary effect on the vagabonds and desperadoes who then infested the city and vicinity, and they made themselves very scarce for a long time afterwards.
The vigilance committee had considerable work to per- form during the early days of Omaha and they did it well and effectually. At one time the gamblers became very numerous and bold, and it was decided to rid the town of them. The vigilantes accordingly proceeded to the rooms of the gamblers at a late hour of the night, having their faces masked, and by the dim light of a lantern would make the victim get up and hand him a letter telling him to travel within the next twenty-four hours. They all stood with revolvers cocked, and in the dull light, masked as they were, they presented a hideous appearance. The victim of their wrath needed no second warning, but left the town in every case within the given time. Another hint to leave was the painting of a skull-and-cross-bones on the door of the gambler's room. One hint of this kind was sufficient. It was not long before the gamblers betook themselves to a more congenial clime.
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In 1859 a young man was caught attempting to bur- glarize a jewelry store, and was handed over to the vigil- ance committee, who took him to the bluff just east of the Herndon house, and informed him that they were going to hang him. The fellow begged of one of the crowd, whom he knew, to "excuse him from hanging this time." Amid a shout of laughter, he was strung up to a tree, when some one cut the rope, allowing him to plunge into a snow-drift fifteen feet deep. When he emerged he was trying to loosen the rope around his neck. The vigilantes opened fire on him, and he took to his heels down the hill and over the river on the ice, never stopping till he reached Council Bluffs.
A man engaged in passing counterfeit money was nabbed by the vigilantes, who made every arrangement to hang him in a cellar on Farnam street, when he confessed, implicating a Nebraska City man, who thereupon left the country. The sheriff "rescued" the man, by previous agreement, from the vigilantes, and put him in jail, from which he afterwards escaped with several other prisoners.
We have related only a few of the exploits of the vigi- lantes, but they are sufficient to illustrate their operations, which were always for the good of the community, and we have yet to hear of a case wherein they made a mistake.
CHAPTER XVII.
THE FIRST LEGAL EXECUTIONS.
THE MURDER OF NEFF BY TATOR-ARREST, TRIAL, CONVIC- TION AND EXECUTION OF THE MURDERER-THE MURDER OF WOOLSEY D. HIGGINS BY OTTWAY G. BAKER-ARREST, TRIAL, CONVICTION AND EXECUTION OF BAKER.
Sometime in the month of June, 1863, a boy named Horace Wilson, employed by a Mr. Maxwell to gather drift- wood on the Missouri river bottoms north of the city, found the dead body of a man in the stream near the shore. He informed some men in camp near by, who came and took the body out of the water. The body was bound around the arms and neck with a log chain, and also around the legs
1
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with another. An inquest was held according to law by the coroner, and the body was identified as that of one Isaac H. Neff. It was evident that he had been most foully and cruelly murdered. His body was loaded down with log chains and thrown into the river. It was also ascertained in the course of a few days that Neff had recently come from Denver to Omaha with several unloaded teams, in company with one Cyrus H. Tator. The next discovery that was made was the finding of two or three of Neff's empty wagons standing on the high ground above Sulphur springs, where they had remained a week or two. A further investigation disclosed the fact that Tator had left Omaha with a load of goods for Denver a few days before, taking with him one of these wagons.
Thomas L. Sutton, the sheriff, overtook him in Colfax county, and arrested him on the charge of murder. He was brought back to Omaha, where the district court was in session, Chief Justice Kellogg presiding. A special grand jury was immediately ordered, and he was indicted on the 17th of June for the killing of Neff. He was tried, convicted and sentenced to be hanged.
Charles H. Brown, assisted by George B. Lake, ap- peared for the state, and A. J. Poppleton and William A. Little for the defense. The argument of Mr. Poppleton was a most brilliant, eloquent and logical effort-in fact, it is said by those who have known Mr. Poppleton . for thirty years to have been the best speech to a jury that he ever made. The case was carried to the supreme court by the defense, and the decision of the court below was affirmed.
The object of the murder was robbery. It was supposed that Neff had considerable money on his person. After Tator killed Neff he sold the dead man's team to Heber P. Kimball, then living at or near the Mormon town of Flor- ence, but afterwards a prominent man among the Mormons in Utah. Kimball was one of the most important witnesses against the defendant. Tator had also tried to sell the wagons, but failing in this, he left them where they were found.
The execution took place on Friday, August 28, 1863, it being the first legal execution that ever occurred in the territory, although there had previously been several hang- ings by lynch law. There were about two thousand
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spectators present, among them being persons from all parts of the territory and from western Iowa.
At the request of Sheriff Sutton, General Mckean de- tailed a guard of forty soldiers from Company C, 7th Iowa cavalry, who preserved the strictest order on the occasion.
Rev. T. B. Lemon, of the M. E. church, administered the Holy Communion to the prisoner in his cell in the morning, and afforded him all the spiritual consolation in his power.
At 11 A. M. Sheriff Sutton brought the prisoner from his cell, and assisted by City Marshal Thomas Riley, placed him in a buggy and drove to the place of execution, the military forming a hollow square about the vehicle. The road was lined with buggies, wagons, and people on horseback and on foot.
The place of execution was near Sulphur springs, in the immediate vicinity of the spot where the murder was. committed. The scaffold was a plain frame, four beams erect, with a platform and trap door, with steps leading up to the platform. There was a short seat on each side of the platform, where were seated Rev. Mr. Lemon, the prisoner Tator, Sheriff Sutton and Marshal Riley.
The prisoner did not appear greatly depressed, but as- sumed a cheerful rather than a despondent look. In fact he was remarkably self-possessed for one under such dreadful circumstances. This self-possession, which he had maintained all through his trial and imprisonment, never deserted him, not even at the last moment.
The prisoner addressed the assembled multitude from the scaffold, from his manuscript, for about half an hour, reviewing the trial, the circumstances of his arrest, and maintaining his innocence. He read his address in a full, clear tone with some considerable emotion, but with scarcely any perceptible trembling. Among other things that he said was that he did not suppose so many people had assembled merely for the purpose of witnessing the suffering he was about to endure, but more to see and hear what he had to say on the occasion.
After the conclusion of his address, a prayer was offered by Rev. Mr. Lemon. Sheriff Sutton then placed the rope around the prisoner's neck, and, assisted by Marshal Riley, tied his hands behind his back, drew the black cap
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over his head, pushed the lever and the trap door flew open, launching Cyrus H. Tator into eternity. He died almost without a struggle.
Tator was born in Chatham, Columbia county, New York, in 1833. He studied law in the office of Elijah Payne, in the city of Hudson, and was admitted to the bar when about twenty-two or twenty-three years of age. In 1856 he emigrated to Kansas, and was elected probate judge of Lykins county in 1857, was re-elected in 1859, and was afterwards a member of the Kansas legislature. He was generally called Judge Tator. In 1860 he went to Colorado, and from there he came to Omaha in company with the man he murdered. He left a wife, whose maiden name was Mary E. Bishop, to whom he was married in 1858, and by whom he had one child. .
The second legal execution in Omaha was that of Ottway G. Baker for the murder of Woolsey D. Higgins. The murder, for which Baker paid the penalty with his life, was a most brutal butchery, and was committed on the night of the 21st of November, 1866, at the grocery store of Will R. King-a brick building at the southeast corner of Farnam and Twelfth streets. Higgins, who was a fine young man and well liked by everybody, was the book- keeper and Baker was the porter. They slept together in the store. Higgins in the afternoon, after banking hours, had received about $1,500 in currency, and had put it in the safe, the keys of which he always carried. Baker was aware of the fact that he had received this money, and resolved to obtain possession of it, which he could not very well do without killing Higgins. The two men retired as usual, Baker going to bed about half-past eight, and Higgins sometime afterwards. At the dead hour of night Baker awoke, crept softly out of bed, and procuring an axe, returned to the bedside and dealt the sleeping Higgins two terrible blows, which caused instant death. Baker then went to the safe, and with the keys unlocked it, taking out the money. Putting on his clothes he went out of the back door, and placing the money in an old tin can hid it under the sidewalk on the west side of Eleventh street, be- tween Harney and Howard streets. He then returned to the store, and descended to the cellar where he fired the building by putting up some boards against the floor, and
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saturating some rags with coal oil. After applying the match he went to the back door and stood there with his pistol in his hand until the fire had burned through the floor and the smoke had filled the room. His intention was to utterly destroy all trace of the terrible crime which he had committed. The fire was discovered by an outside party, and the alarm given to the fire department, which then consisted of only one hand engine and the hook and ladder company. At about the same time Baker fired a shot into his own arm, to make it appear as if some one had entered the store, murdered Higgins and attacked him, and throwing the pistol away, he also gave the alarm, by running out of the back door yelling, "fire! murder! thieves!" During the progress of the fire the revolver went off several times, it having become heated by the flames. The fire was extinguished, and the murdered Higgins was found in his bed. Baker immediately invented a rather plausible story. He said he had been awakened by the smoke coming into the room, and that he had got up and run to the cellar door, as the fire appeared to be in the base- ment, and there he had met some one who fired at him, wounding him in the arm, and that he then ran out on the street and gave the alarm.
His story was not generally believed, as there were many suspicious circumstances which pointed directly to him as the perpetrator of the deed. He was taken into custody next morning. One thing that led to his arrest more than anything else, was the finding of a lot of matches scattered all over the bed. It was thought that this was done by the murderer to cause the bed to burn the more rapidly when it took fire; but the matches being on the bed was a pure accident, as was shown in his confes- sion. It appears that the matches were knocked off from a shelf on to the bed by the stream of water from the engine. At the examination before the coroner's jury it was clearly demonstrated from the manner of the wound, that no one but himself could have fired the shot which hit him in the arm. He was held to await the action of the grand jury, who indicted him for the murder. He was tried and con- victed. Hon. G. W. Doane, the then district attorney, and Hon. John I. Redick appeared for the state, and Colonel Savage, Ben. Sheiks, Mr. Hopkins and Mr. Parks, for the
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defendant. The case was taken to the supreme court, who overruled the motion for a new trial, and decided that the sentence of death should be executed. Up to this time- considerably over a year after his arrest-there were some few persons who believed him innocent; but upon learning that his fate was irrevocably fixed, he sent for his spiritual adviser, Father Egan, of the Catholic church, to whom he made a confession and told where the money was hid. Father Egan, accompanied by Colonel Savage and John DeLaney, accordingly proceeded to the spot and there found the money. Baker also confessed that he had about a month before the murder set fire to the wooden buildings at the southwest corner of Farnam and Thirteenth streets, the fire burning from the corner up to Samuel Burns' brick building.
Baker was hanged on St. Valentine's day, February 14th, 1868, about a quarter of a mile west of Capitol square. The execution was superintended by Sheriff Hoel, Deputy Sheriff Seymour and Father Egan, and was witnessed by about 8,000 people, 500 of whom were women.
The young lady to whom Higgins was engaged, Miss Lizzie Herd, a very pretty girl, was so overcome at her lover's tragic death that she died within six months after its occurrence.
The following is the principal portion of Baker's confes- sion, which was dated January 28, 1868:
"It is not my intention to conceal anything connected with this heinous crime, though, as the details of the cir- cumstances connected with it will only serve to open again the yet bleeding wounds of Mr. Higgins and his family, I . did not intend at first to make them known. Mr. Doane, in his theory, came very near the facts in the case. I first planned this horrible crime in the old store, but was pre- vented from executing it by God's mercy until that night; not that there was not money enough-on several occasions there was more. I went to bed that night about half-past eight; what time Higgins came to bed I do not know. When I waked, I got out as easily as possible, went all round the center tier of boxes to get on the south side of Higgins, came up, made one or two offers [efforts], and was on the point of giving it up, when the devil put it into my head that Higgins had only been shamming sleep, and
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would tell all that I had done. This gave me the heart to commit the crime. I struck the first blow. He drew a long breath. I thought he was on the point of hallooing. I gave him another; then went to the safe, got the money, put on my clothes, went out of the back door down to where the money was found, leaving the back door open till I came back. I pulled off my clothes; went into the cellar, set fire to the building by setting some boards up against the floor, took the oil can, put some coal oil in some old rags, set fire to them and then went up stairs. I then went to the back door, and stood there with the pistol in my hand until the fire burned through the floor and the smoke had filled the room. Then I fired the shot which wounded my arm, then gave the alarm, and threw the pistol away; but the devil always looks out for his own. He carried it to the fire. I ran out of the back door, hallooing fire! mur- der! thieves! The first man who came up had on a gray overcoat. At this time I was at the corner of Farnam and Twelfth streets. There I threw away my hat. The man went to the engine house to ring the bell. I ran backwards and forwards two or three times there ; when three or four men got there, I burst in the west side door ; went in, got my boots, threw one large case of tobacco out of the door- way, and then put on my boots. By this time there were six or seven men there; then two shots went off. I got away from the door, but the other two shots did not go off for some time, perhaps two minutes. That was all the shots which I heard, and it was all that was fired, in my belief. When the crowd got there with the engine, the west side doors were closed. This was some more of the devil's work. Now, when the engine began to play, the fire had got upon the swinging shelf; the water was now thrown upon the matches, which went tumbling down on the bed. This was not the work of the devil ; it was God's hand which threw the matches down to show the devil that he might help the guilty, but God was the one who administered justice. The fact of the matches being scattered all over the bed, led to my arrest, but they found [formed] no part of my plan. The lamp burner was an old one which had been saved from the old store. There was only one fire kindled; that was done so as to cause the floor to break in there, so that the body would be crushed by the
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weight of the goods. It was not my intention to burn the whole store. There were only five shots fired to my knowl- edge, one before the alarm and four after. There was no noise to my knowledge in the store that night ; if there was, it was while Mr. Beale was there with Higgins; if they made any, it did not awaken me. After I had my arm dressed, I went back to the front of the store. Dr. Peabody said to me, 'If I had a friend in there, I would go in, in spite of anybody.' Then I broke open the front door, the one with the lock on it. I broke the glass out, pulled back the bolts and went in, but could not go back a great ways for fear the floor would give way. I dressed and undressed before I gave the alarm ; then put on my boots after there were three or four men there. I alone am guilty ; let me pay the penalty of the crime. I should have had to impli- cate others who are innocent had I got a new trial.
"With regard to the two previous fires, I desire to state that I set the new store on fire to prevent W. R. King from moving in so soon. I did not stop there over five minutes after I had done it, for fear I should be missed from the store; then I got back to the old store without either Mr. Nave or Higgins knowing that I had been out, and went to bed. Afterwards I set fire to Hellman's warehouse to draw Higgins' attention, and besides to prevent any deposits from being made on that day. When this fire was discov- ered I was at the new store at work, and had been there about twenty minutes. I did not start at the first, but waited till there was quite a crowd ; then I had no idea it would do so much damage as it did.
"Mr. Donovan has been a sufferer by me also on two different occasions. I went into his shop when he kept on Fourteenth street, and on each occasion took two pairs of boots, amounting in all to about forty dollars, more or less.
"I must now return my sincere thanks to Judge Lake for his leniency towards me all through the trial. Mr. Doane will also accept my thanks for the feeling manner in which he prosecuted me.
" Mr. Redick, I freely forgive you for the way in which you made your plea in this case.
"I must not forget my own counsel, for they have lab- ored with the utmost faithfulness ever since I have been incarcerated to obtain testimony and counsel for me. I
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return my heartfelt thanks for the same. I am also thank- ful to Mr. Hopkins: also Mr. Parks, who exerted himself in my defense with his able talent. Mr. Morris has not only given me legal advice, but has done me many personal favors. Colonel Savage has all the thanks imaginable for the able manner in which he has conducted my case, since he has become connected with it. May he never again whilst a member of this bar have so unworthy a client.
"I have never let any one into my confidence until after the supreme court was in session, so that neither one or the other of my counsel knew whether I was guilty or innocent. I thank the community for their leniency towards me. Had this been in any other part of the state of Nebraska. besides Omaha, I should never have had any trial ; but thank God, the law has had its course, and I have had a fair and impartial trial.
"I desire also in this connection to thank all those who would place religious instruction within my reach, but I believe only in the Catholic church, and wish to die in her communion, as it was their instruction alone that brought peace and hope to my soul. O. G. BAKER."
CHAPTER XVIII.
THE QUESTION OF SLAVERY.
SLAVERY IN NEBRASKA IN THE EARLY DAYS-A BITTER FIGHT IN THE LEGISLATURE-PASSAGE OF AN ABOLITION BILL-IT IS VETOED BY GOVERNOR BLACK-ANOTHER BILL IS PASSED AT THE NEXT LEGISLATURE, AND AGAIN VETOED, BUT IT IS PASSED OVER THE VETO.
How few people of to-day know or believe that Ne- braska was once a slave territory. But such was the fact. The first census of the territory, taken in 1854, gave a population of 2,719 whites and 13 slaves. "When I came to Nebraska in 1859," says Colonel E. D. Webster, "there were seven or eight slaves owned near Nebraska City by some emigrants from Missouri, under the Buchanan idea that the constitution of the United States gave them
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the right to hold them here. During the fall of 1859, a colored servant girl from Missouri passed through Omaha way-billed as an express package and consigned to a United States army officer at Fort Kearney. Very few people saw anything wrong about it, and no one raised any fuss. Some few anti-slavery people merely remarked that it was a curious express package."
The question of abolishing slavery had came up during the extra session of the legislature in the fall of 1858, when Representative S. G. Daily introduced a bill for the aboli- tion of slavery in the territory of Nebraska, but no decisive action was taken. The matter was revived at the next session, however, by William H. Taylor, who, on December 7, 1859, introduced in the council "a bill to abolish and pro- hibit slavery or involuntary servitude." It was referred to a committee consisting of Mr. Taylor, George W. Doane and Dr. Miller, who made a report on December 12th. In the course of his report Mr. Taylor showed that slavery did practically exist in Nebraska. "There never has been to my knowledge," said Mr. Taylor, "a federal officer ap- pointed to any office in this territory who has not brought with him into the territory, a negro or negroes, who have been and are now held in slavery. E. A. Deslonde, receiver of public moneys at Nebraska City, has one or two slaves. Now, if slavery does not exist here, then the slave is free the instant he sets foot on Nebraska soil, provided he came with his master for the purpose of residing in Nebraska. I know of my own knowledge that Hon. S. F. Nuckolls, a democratic member of the territorial legislature, had three colored persons whom he claimed as slaves up to a very late period. Two of these persons escaped from Mr. Nuckolls in the winter of 1858-59, and the other, a colored man of twenty-five years of age, was sold by him, if I am correctly informed, and carried to some of the southern slave-holding states, as a slave, in the spring of 1859. This man has been a resident of Nebraska for about three years. Mr. A. Majors, one of the government contractors, has a number of colored persons in Nebraska City whom he claims as slaves now in the territory of Nebraska. * Again, as evidence that slavery does exist, and is considered to be a legal institution here, I have only to cite the fact that Hon. S. F. Nuckolls, before alluded to, has instituted suit in
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the second judicial court of this territory against certain parties residing in the state of Iowa, for the value of two colored persons, his slaves, whom he alleges were abducted from him in the winter of 1858-59, which suit is now pend- ing in said court and undecided." In concluding his report he urged the passage of the bill, and gave his reasons there- for. His report was laid over for future action.
Dr. Miller also made a report, in which he deemed it "extremely injudicious for the legislature to lend itself to the agitation of a subject which, to the people of Nebraska, is conceded to be of no practical importance. *
Having made diligent search, with a view of ascertaining whether any slaves exist in Nebraska, to their [the commit- tee'sj utter suprise, after four days' anxious inquiry and labor, they are prepared to report to the council, that south of the Platte river, owned and held as such by highly re- spectable gentlemen, there are six and a half slaves, the fractional portion referring to a small negro boy who is in excellent and humane keeping in that section of the terri- tory. We are happy to add, on the best authority, that their servitude is entirely voluntary, and that they are perfectly contented with their lot.
One of them, we are informed, proves a great burden to his owner by being subject to fits. What can be done to lighten the burden of the master or remedy the terrible malady of the slave we leave to your careful and candid consideration. * Under the operation of incidental causes, aided by the stealing propensities of an unprincipled set of abolitionists, inhabiting a place called Civil Bend, Iowa, the number has been reduced to the in- significant figure of four and a half slaves, all told. This furnishes abundant proof of the entire uselessness of the legislation for which the bill under consideration calls. even if it could be shown, which it cannot be, that there is any other cause for apprehension on the subject." In conclud- ing his report, Dr. Miller expressed the opinion that " the effort to introduce into Nebraska' the popular excitements which have agitated and distracted other communities in our neighborhood, would be a miserable failure. The peo- ple understand the motives which move men to engage in these political games, and they will meet them in the proper way and by the proper means, regarding only those
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