Early
Law Enforcement
By Ray Haueter - former UPOA Historian,
UPOA President 1970 - 1971, now deceased
By
popular request, we reprint Ray's stories of Early Law Enforcement for
your pleasure
And may God have mercy on You
Reprint - The Utah Peace
Officer, Volume 58, Issue 4, Winter 1981
(NOTE: This article is being written for the purpose of presenting
to the readers of THE UTAH PEACE OFFICER a history of executions in the
State of Utah, and in the Utah Territory prior to Utah becoming a state.
It is not intended as a stand For or Against capital punishment. It is
written for the purpose of presenting a true and accurate account of executions
as they are carried out in the State of Utah by order of the courts. This
writer has spent considerable time and effort to collect the information
contained in this story in order to make it both interesting and factual.
The material contained in this story, including all photographs, may not
be reprinted in any form, without the express written permission of the
writer.)
During my employment as an officer at the Utah State Prison from
1949 to 1959, I served as an official witness for that institution, at
six executions, five by firing squad and one by hanging. In addition to
my own personal observations I have interviewed other persons who were
involved in the preparations for an execution, among those persons being
some who participated in the "Death Watch," those who prepared the execution
site and those who served on a firing squad, as well as others who received
the body of the condemned man after the order of the court had been carried
out. The following story is a result of this research.
* * * * * * * *
I HEREBY SENTENCE YOU ...
"Let the record show that the defendant is present with counsel,
that the prosecution is represented and the jury is present.
"Larry Jones... Having been tried in a court of law and having
been found guilty of the crime of Murder in the First Degree by a jury
of your peers, and having received a verdict from the jury requesting no
leniency for your crime, it now comes time for sentence to be passed upon
you. After careful consideration of the testimony and evidence presented
in this case, and taking into consideration the verdict of the jury, it
is the sentence of this court that you suffer death by hanging, or by firing
squad as you may choose . . . You may now confer with your counsel as to
the option of your choice.
"Larry Jones, having had the opportunity to talk with counsel,
and having made the choice of death by firing squad, I hereby sentence
you to suffer death by means of a firing squad, during the early morning
hours on the 29th day of September, in the year of 1951, and I hereby remand
you to the custody of the County Sheriff to hold you in custody until such
time as he can deliver you to the Warden of the Utah State Prison, there
to be confined until such time as the sentence of this court is carried
out, and may God have mercy on your soul."
Such might be the wording used by a judge in sentencing a convicted
person to meet death by firing squad. With the sound of the rifles, the
sentence of the court is carried out. But this action does not come about
in a matter of a few days, months or years. Now begins the process of appeals
to the District Court, to the Utah Supreme Court, to the United States
Court of Appeals, to the United States Supreme Court, to the Utah State
Board of Pardons and to the Governor. Only after the last final appeal
is exhausted do the guns of the firing squad speak. In many instances the
case has been in the appeal process over such a long period of time that
the public may have forgotten the circumstances of the crime.
During this process of appeals, the condemned man must be kept
in maximum confinement for two reasons; one, that he is a potential escape
risk and a possible danger to himself or to others, and two, to give him
the opportunity to have access to his attorneys, law books or other legal
materials that he may need in preparing his case without compromising security.
DEATH ROW
"Death Row" as it was commonly known for many years, was a section
of cells, away from the general inmate population. At the Point Of The
Mountain Prison this was a group of cells and an indoor recreation area
on the second floor of that institution, with a prison officer always on
duty inside that section. It is now included in the Maximum Security building
at the prison.
Prior to the date of any execution, there are a number of details
to be considered. A site for the execution must be selected, which is usually
on prison property. It must be in an area where maximum security can be
maintained, to control the movements of the public as well as to provide
ready access to the area by those who are involved and responsible for
the execution of the sentence. This includes not only the firing squad,
but also the witnesses, news agencies and officials who will be present.
THE FIRING SQUAD
Until recently, it was the responsibility of the Sheriff of the
County from which the condemned man was sentenced, to furnish a firing
squad. Our present law places this responsibility upon the Warden of the
Utah State Prison to make all necessary arrangements for the execution.
To my knowledge there has never been a prison officer who served on any
firing squad and I feel confident that there never will be. Such a duty
would place the officer in a very difficult position as it is necessary
for him to work with an inmate population each day.
However, a firing squad must be selected. This is done from a
list of volunteers who have agreed to serve on such a squad. The selection
must be done in a manner that will insure the quick and efficient carrying
out of the death penalty. Those who serve on this squad must be capable
of firing a weapon at an exact time, and be able to hit a target the size
of a dime at a distance of twenty-five feet. This must be done with a 30-30
caliber rifle. A number of volunteers are disqualified for being unable
to meet these requirements.
In talking with an officer, who served on a firing squad in the
State of Utah, he indicated that each man on the squad practiced continually,
firing an average of 70 rounds each, in order to be sure he could hit the
target accurately on a count of five. He must be able to fire at the exact
instant as the other four riflemen. Each member of the squad uses his own
personal rifle. Ammunition used is 180 grain bullets.
A firing squad consists of five men, one alternate, and a Cadence
Counter. The rifles are loaded by the Cadence Counter and one rifle will
contain a blank cartridge. The members of the squad do not know which rifle
contains the blank. The target used is a cloth target with a dollar size
circle on it. The rifles are loaded after the squad are at their stations.
In the early morning hours, on the date of the scheduled execution,
seven men arrive at a prearranged location, where they enter a vehicle
with curtained windows and a covered license plate. They then travel over
a prearranged route that takes them to the site where the execution is
to take place. When they exit the vehicle, each man is hooded, and they
make their way to a special enclosure that has been made, and faces towards
the chair, twenty-five feet away.
As the squad enters the enclosure, each man gives his rifle to
the Cadence Counter who loads the weapon and returns it to the squad member.
It is now a matter of waiting. Time passes slowly and the tension mounts
in the minds of each member of the squad.
DEATH WATCH
During the last twenty-four hours, prior to the carrying out
of the death sentence, a group of two or more sheriffs deputies arrive
at the prison and go directly to where the condemned man is confined. At
this time they take over the security of the prisoner. This is known as
the "Death Watch." During this period of time, the deputies and prison
officers assigned, make every possible effort to grant the needs or wishes
of the condemned man without compromising the security of the prisoner.
This may be in the way of specially prepared foods not ordinarily available
on the prison menu; it may be such activity as watching a requested movie,
or it may be the opportunity to play the piano located in the auditorium,
as one condemned man requested. It may be a special visit from family members,
a wife or girl friend, or it may just be with a representative from the
church which the prisoner belongs. Some times, the food is shared with
members of the death watch in a manner similar to a picnic.
As the time nears for the execution, the sheriff arrives, or
his representative, at which time the "Death Warrant" is read to the condemned
man. The death warrant is a lengthy document, a complete transcript of
all court proceedings, complete with appeals, decisions and final sentence.
This may require an hour or more to read the entire contents but is required
by law.
At the conclusion of reading the warrant, the Prison Chaplain,
or member of the prisoner's faith, may talk and counsel with the condemned
man. A doctor is present who can administer a sedative to the prisoner
if he so desires.
As the time for the execution arrives, a hood is placed over
the head of the prisoner and he is then accompanied to the site of the
execution, by the Warden, the Sheriff, the Prison Chaplain, the doctor
and members of the prison staff and deputies who have maintained the death
watch.
The condemned man is seated in a wooden chair. A black, eyeless
hood has been placed over his head, his wrists and ankles have been secured
to the chair by leather straps. Another leather strap has been buckled
around his neck, holding him in an upright position. A doctor steps forward
and places a stethoscope on the man's chest, locates the exact position
of the heart and pins a dollar size target to his breast, then steps away.
The prison chaplain takes the hand of the condemned man in his as he leans
down and holds a short whispered conversation with him. He then steps back
from the chair and the Sheriff removes a white handkerchief from his pocket
and raises it to his brow. From where I am standing, next to the canvas
enclosed section where the firing squad is concealed, I can see five rifle
barrels protruding from the holes in the canvas to my left. At the same
time I hear a low, muffled voice say "Ready.., one.. two ... three ...,
four." The count of five is drowned out by the sudden crash of five rifles
which blend into the sound of one explosion. The only movement detected
from the man in the chair is the spasmodic clenching and unclenching of
his hands ... then he is still.
The doctor quickly steps forward and places his stethoscope on
the man's chest and listens intently. Within the space of three minutes
he steps back and pronounces the man dead. The crowd of witnesses, representatives
from various local and national news agencies and others are directed to
leave and are escorted from the site. The body is then removed from the
chair and placed on a stretcher that has been brought forward by a waiting
crew. The body is quickly removed and taken to a nearby mortuary, after
which it will be turned over to the mortuary requested by the family. The
chair and platform are removed and the site of the execution is returned
to normal appearance. I return to my office where I prepare the necessary
forms to submit to the F.B.I. Identification Section, advising them of
the execution in order for the Bureau to officially close their records
of the condemned man.
THE SENTENCE HAS BEEN . . .
With the sound of the rifles, the final sentence of the court
has been carried out. So it has been since the first execution in the Territory
of Utah in the year of 1854, on September 15th, when two Indians named
Longhair and Antelope were hanged at Cedar Valley, thirty miles southwest
of Salt Lake City, for the murder of William and Warren Weeks.
Before 1852 there had been little need for rulings concerning
condemned criminals, but with the continual increase of the population
of gold seekers, miners, gamblers and ìhard casesî coming into the Salt
Lake Valley, crime steadily increased. In view of these circumstances,
the Legislative Assembly passed an act relative to punishing criminals
convicted and sentenced to death in the Utah Territory. The act read as
follows:
"When any person shall be convicted of any crime, the punishment
of which is death according to the provisions of the act, and sentenced
to die, said person shall suffer death by being shot, hung, or beheaded,
as the court may direct, or the person so condemned shall have his option
as to the manner of his execution."
There is no record to indicate that any condemned man ever chose
the option of being beheaded and this method of execution was eventually
removed from the statute.
In the early days not all executions were carried out within
the confines of a prison or a jail yard. In some instances the condemned
man was taken back to the scene of the crime where the death sentence would
then be completed. With the execution of Longhair and Antelope on September
15, 1854, the first death sentence was carried out in the Territory of
Utah. This was followed by the execution of Thomas A. Ferguson, on October
28,1859, a block east of the old observation tower on the north bench of
Salt Lake City. He was hanged for the murder of his employer, Alexander
Carpenter, which occurred on September 17, 1859. On September 21, 1861,
William Cockroft was executed by firing squad, in the county courthouse
enclosure in Salt Lake City, for the murder of Robert Brown in June of
that same year. In 1862 there were two executions, an unnamed man was shot
in the county jail yard at Tooele for murder, and Jason Luce was shot at
Salt Lake City for killing a friend on Main Street. The record continues
as follows
1869: Chauncey W. Millard, shot at the Provo Jail yard for the
murder of a stranger riding in a wagon on the west side of Utah Lake. He
killed for pleasure.
1877: John D. Lee, shot March 23 at the scene of Massacre for
his the Mountain Meadows alleged part in the crime.
1878: Fred Hopt, shot August 11, at the United States Penitentiary
for the murder of John F. Turner, a son of the Utah County Sheriff seven
years before.
1894: Enoch Davis, wife murderer, executed September 14,
at Dry Hollow Canyon, near Lehi, Utah in Utah County.
1896: Charles Thiede, hanged October 7, in the old county jail
enclosure at Murray, Utah for the murder of his wife on April 30,1896.
1896: Patrick Coughlin, shot December 15, near Woodruff, Rich
County, for the murder of ex-Marshal Dawes of Wyoming and constable Stagg
of Echo, Utah.
1903: Peter Mortensen, shot at Utah State Prison November 20,
for the murder of James R Ray at Forest Dale on December 16,1901.
1904: Frank P. Rose, shot at Utah State Prison May 22, for wife
murder in Salt Lake City.
1912: J. J. Morris, hanged at the Utah State Prison for the murder
of Joseph Walter Axtell on Main Street in Salt Lake City on May 19, 1911.
1912: Jules Zirmey, shot at the Utah State Prison on May 22 for
the murder of Thomas Karrick, a school boy, in October, 1910.
1912: Harry Thorne, shot at the Utah State Prison on September
26, for the murder of George W. Fassell March 24, 1910. Thorne and Thomas
Riley held up Fassell's Grocery, at 627 East 4th South Street, and Thorne
shot the victim before he could put his hands up.
1912: Thomas Riley, Thorne's partner, shot at the Utah State
Prison October 24, 1912.
1913: Frank Romero, shot at the Utah State Prison February 20,
for the murder of Albert Victor Jenkins at Sunnyside, Utah on February
5, 1911. Romero was said to have murdered more men than any other western
criminal at that time.
1915: Joseph Hillstrom, shot at the Utah State Prison on November
19, for the murder of J. G. Morrison and his son J. Arling, during an attempted
hold-up at Mr. Morrison's Grocery in Salt Lake City on the night of January
10, 1914.
1918: Howard DeWesse, shot at the Utah State Prison May 24, for
wife murder in Salt Lake City in December of 1917
1919: John Borich, shot at the Utah State Prison December 20,
for murder of Mrs. Velma Adkins, Tooele, Utah in September 1919.
1922: Steve Maslich, shot at the Utah State Prison January 20th
for his part in the murder of Marco Laus, East of the prison.
1922: Nick Oblizalo, Maslich's partner, shot at the Utah State
Prison June 9th.
1923: George Gardner, shot at the Utah State Prison August 31,
for shooting police officer Stewart at Sandy, Utah.
1924: Omer R. Woods, shot at the Utah State Prison January 18,
for wife murder in Salt Lake City.
1925: George Allen, shot at the Utah State Prison February 20,
for killing Sgt. Pierce in Salt Lake City.
And The List Goes On And On
1925: Pedro Canno, shot at the Utah State Prison for killing
June St. Clair at Park City, Utah on May 15.
1926: Ralph W. Seybolt, shot at the Utah State Prison for killing
David H. Crowther, a Salt Lake City policeman January 15.
1936: Delbert Green, shot at the Utah State Prison July 10. Technically,
Green was executed for murder of his uncle, James Green, but was also killed
for the murder of his wife and mother-in-law January 4, 1930, when he ran
amuck at the latter's home near Layton, Utah.
1938: John Deering, shot at the Utah State Prison October 31,
for the murder of Oliver W. Meredity, Jr., May 9,1938 in Salt Lake City.
1942: Donald Lawton Condit, executed for the murder of Harold
A. Thorne, Salt Lake City grocery salesman, July 30. He killed Thorne March
20,1941, near Cedar City, Utah.
1943: Walter Robert Avery, executed at Utah State Prison February
5, for the murder of Ogden detective Hoyt L. Gates, during the attempted
robbery of a grocery store in Ogden on February 11, 1941.
1944: Austin Cox, shot at the Utah State Prison June 19, for
the murder of Lewis V. Trueman. Cox was a large man about six feet five
inches tall, and a very moody prisoner. He knew he was going to be executed
and wanted to take as many with him as he could. He stole a spoon from
the food tray and sharpened it on the cement walls. His attempt at murder
with the spoon was made upon Lester Gogle, a prison officer. He was successful
in stabbing Gogle but the wound was not serious. Cox was subdued with tear
gas and gave up his sharpened spoon.
1945: James J. Roedl shot at the Utah State Prison July 13 for
the murder of Mrs. Agnes Abigal Williams.
1951: Eliseo J. Mares, Jr., shot at the new Utah State Prison
September 10, 1951, for the murder of Jack D. Stallings in Summit County,
Utah. This execution was the first to occur at the new prison at the Point
Of The Mountain. The execution was conducted in the unfinished part of
the prison known as A Block.
1951: Ray Dempsey Gardner, shot at Utah State Prison September
29,1951, for rape-murder of Shirley Gretzinger, baby sitter in Ogden, Utah.
The execution took place at the Point Of The Mountain in the unfinished
section of A Block. Gardner is believed to have been involved in many such
murders throughout the western states but refused to talk about them and
as a result what he may have known about these unsolved murders died with
him.
1955: Don Jesse Neal, shot at the Utah State Prison July 1, 1955
for the murder of Salt Lake City Police Sgt. Owen T. Farley on May 23,1951.
This execution was carried out between the compound fences at the west
gate of the prison yard.
1956: Vein Alfred Braasch and Melvin Sullivan, executed by a
double firing squad on May 11, 1956, for the murder of Howard Manzione,
a Beaver, Utah service station operator, on October 22, 1949. This was
the first double execution carried out by firing squad in the State of
Utah. The execution took place between the compound fences at the West
gate of the prison yard.
1958: Barton K. Kirkham, hanged on June 7,1958 for the murder
of Avon Frame, a Salt Lake City grocery store operator. Kirkham chose hanging
because, in his words, it would cost the State of Utah more money to build
a gallows than to pay a firing squad. Mr. Frame was killed by Kirkham in
May of 1956.
1960: James W. Rodgers was executed by firing squad on March
30, 1960 for the murder of Charles Merri Field on June 19, 1957, at the
Rattlesnake Uranium Mine in San Juan County, Utah.
1977: Gary Mark Gilmore was executed by firing squad on January
17, 1977, for the murder of Benny Jenkins Bushnell, in Provo, Utah, on
July 20, 1976. Gilmore received nationwide publicity for his desire to
be executed rather than spend the rest of his life in prison and resisted
all attempts to have his sentence commuted to life imprisonment.
ïÝïÝïÝï
Probably the first electro-cardiograph record ever made of a
man's heart action while being executed, was taken at the Utah State Prison
in 1938 when John Deering paid the penalty for murder before a firing squad.
Electrodes were fastened to Deering's wrists to register his pulse beat.
Though apparently unconcerned, his heart beat at the rate of 180 times
per minute shortly before he was shot. The heart of a man doing violent
work or exercise seldom beats faster than 120 times a minute, and the prison
physician said that he would probably have died even if no bullet had been
fired. His heart stopped 156 seconds after it was pierced by bullets.
Since 1852, when Capital Punishment was enacted into law, to
the date of this article of October, 1981, there have been 43 executions
carried out in the territory and the state of Utah. No woman has ever been
sentenced to death within this state. In addition to the 43 men who have
been executed, there have been a number of convicted criminals who were
sentenced to death and their sentences later commuted to life imprisonment,
some of which were later granted paroles or terminations of sentence.
ïÝïÝïÝï
NOTE: At the present time, there are currently 848 people on death row
in the United States, including nine women. The persons who have been on
death row the longest are Florida convicts Bob Sullivan and Howard Douglas.
Sullivan was sentenced to death on November 12, 1973, and Douglas three
weeks later. According to Henry Schwarzchild, director of the death Penalty
Project of the American Civil Liberties Union, about 13,000 legal executions
have taken place in what is now the United States, in the last 350 years.
The youngest person ever executed in this country was 12 year old Hannah
Ocuish, who was hanged in New London, Conn., on December 20, 1786, for
stoning to death a 6 year old girl. According to a 1981 poll by Yankelovich,
Skelly and White, 73 percent of U.S. voters are in favor of capital punishment,
23 percent are against it, and 4 percent have no opinion. The number of
Americans opposing capital punishment has dropped 8 percent since 1974.
(information from Salt Lake Tribune of Sunday, October 4, 1981).
