Welcome Frontier Justice Enthusiasts!
This blog is dedicated to Frontier Justice issues involving vigilante activity in Washington Territory between 1860-1870. It is hoped that through this study a clearer picture will emerge of life as it was in Washington Territory during this exciting period of history prior to Washington's statehood.
This is part of an affidavit sworn out against James Gibson, one of the 5 men accused of attacking "Dutch Lewie" (whose name is Fritz Schwartz in reality). I was able to locate this at the Washington Digital Archives from the Frontier Justice Records on site. To see a larger image, click the image. To see my trascription, click "Read more".
Transcription of:
Territory vs. Jas. Gibson, et. al.
“affidavit”
Filed Apr. 3rd 1865
W.P. Horton
Justice of the Peace
Filed April 18, 1865
B. ?. Sexton, Clerk
Territory of Washington}
County of Walla Walla}
SS
In justice court before W.P. Horton, Justice
Fred Swartz-
Complains against James Gibson, Samuel Waterman, George Resor, Robbins [whose Christian name is to this complainant unknown], and Wm Courtney- and alledges that heretofore to wit on the second day of April AD 1865 the said James Gibson, Samuel Waterman, George Resor, Robbins [whose Christian name is to this complainant unknown] and Wm Courtney at the county of Walla Walla and Territory of Washington did in and upon the person of this complainant make an assault and did then and there by by means of a piece of rope which said rope the said persons aforesaid did place around and upon the neck of the complainant did attempt to strangle, kill, and murder the complainant contrary to the statutes in such cases made and provided and against the lawes and dignity of the Territory of Washington.
Subscribed and sworn to before me this 3d day of April 1865
Fritz Schwartz
W.P. Horton-Justice of the Peace
Transcribed and annotated by Rob Spencer
Read more!
This post is essentially to put things that I work on at home online so that they are easily accessible.
It may be that this format transfers over to the website a little better. Anyway, here is something that I want to add to my page of the project:
Title for my page:
The Rule of Law through Lawlessness: Vigilante Activity in 1860s Walla Walla County
Intro segment of page:
There are popular images that consistently come to mind when the topic of the American West is discussed. Whether it is the iconic cowboy with his trusty six-shooter, the “savage” Indian, or Pioneers and Bison, the myth of the Old West still permeates American culture. Many Americans often refer to this period as the “Wild West.” This designation implies an atmosphere of adventure and apprehension, a notion that “anything goes” in the West with little security or stability. There were, however, legitimate forms of government established in the West to maintain order. Despite this, there have been instances in the history of the West that have given credibility to the idea that it was indeed a dangerous place. One such frontier occurrance was the vigilante activity that sought a more rapid enforcement of justice for lawbreakers outside of the recognized legal system. Some people viewed vigilantes as a societal necessity in discouraging criminals from breaking the law. Others viewed them as thugs and backcountry murderers. In Walla Walla, Washington Territory, conditions were very similar in the 1860s to other western communities. Although Walla Walla had a functioning legal system, a vigilance committee was formed that executed its own justice upon alleged lawbreakers. A look into the vigilante activity in Walla Walla is important because it demonstrates more clearly how the territorial citizens understood and approached Frontier Justice in their generation.
Intro to my essay:
Vigilantism and the Press: the treatment of vigilante activity in the Walla Walla Statesman newspaper. This essay is a short overview of what the Walla Walla Statesman reported about vigilante activity between 1864-1866. Included are various reported accounts of victims of vigilantism, as well as common crimes that were likely to get the attention of a vigilance committee.
November 20, 2008
Here is my transcription of the 'sworn affidavit':
Documents Overview:
Overview: These documents consist primarily of articles taken from the Walla Walla Statesman newspaper during the height of vigilante activity in the 1860s. The articles provide valuable insights into the public’s response to vigilantism in the community, as well as details into the extralegal activities themselves. Highlighted also is the Statesman’s sympathetic view toward vigilantism in the area. Readers will quickly discover that the responses to these illegal actions were mixed. Included with the newspaper articles are transcriptions from the Frontier Justice records of Walla Walla County dealing with the failed hanging of “Dutch Lewie.” These records provide a look into the legal response to Walla Walla vigilantism.
NEW DOCUMENT
Link to Document:
"Accused by the Hanged" Frontier Justice Records, Walla Walla County, April 3, 1865, Case #WAL-201- Fred Schwartz accuses four men of trying to hang him. This is the affidavit he swore out to the Justice of the Peace.
ACCUSED BY THE HANGED
SOURCE: Territory of Washington vs. James Gibson, et. al. Walla Walla 1865, case WAL-201
SUBJECT: Defendants are accused by victim of vigilantism.
SYNOPSIS: An affidavit is sworn out against the defendants by Fred Schwartz who was attacked and hung by the defendants but somehow escaped death.
TEXT:
Transcription of;
Territory vs. Jas. Gibson, et. al.
“affidavit”
Filed Apr. 3rd 1865
W.P. Horton
Justice of the Peace
Filed April 18, 1865
B. ?. Sexton, Clerk
Territory of Washington}
County of Walla Walla}
SS
In justice court before W.P. Horton, Justice
Fred Swartz-
Complains against James Gibson, Samuel Waterman, George Resor, Robbins [whose Christian name is to this complainant unknown], and Wm Courtney- and alledges that heretofore to wit on the second day of April AD 1865 the said James Gibson, Samuel Waterman, George Resor, Robbins [whose Christian name is to this complainant unknown] and Wm Courtney at the county of Walla Walla and Territory of Washington did in and upon the person of this complainant make an assault and did then and there by by means of a piece of rope which said rope the said persons aforesaid did place around and upon the neck of the complainant did attempt to strangle, kill, and murder the complainant contrary to the statutes in such cases made and provided and against the lawes and dignity of the Territory of Washington.
Subscribed and sworn to before me this 3d day of April 1865
Fritz Schwartz
W.P. Horton-Justice of the Peace
Transcribed and annotated by Rob Spencer
NEW DOCUMENT
Link:
“Vigilantes,” Walla Walla Statesman, April 7, 1865, page 3-A man comes into town claiming that he had survived a vigilante attack on his property and swears an affidavit to have them arrested.
Document:
VIGILANTES
Source: Walla Walla Statesman, April 7, 1865, page 3
Subject: A reported vigilante attack.
Synopsis: A man comes into town claiming that he had survived a vigilante attack on his property and swears an affidavit to have them arrested.
Text:
VIGILANTES—A slight excitement has been manifest in some circles this week on account of the appearance in town of a man know as “Dutch Lewie,” who lives on the Walla Walla, and who told a pitiful story about being taken from his bed at the hour of midnight by vigilantes and hanged by the neck until he was nearly dead, dead, dead!—all “because he didn’t know something they wanted him to tell them!” Upon his affidavit, five men were arrested and had examination before Esq. Horton on Wednesday. Four of them were discharged, and one was held to answer the charge of “assault with intent to do bodily injury.” The question of course, has “two sides,” and the charges brought against Lewie are that he has been guilty of harboring thieves and hiding, or appropriating horses and cattle that did not belong to him.
Transcribed and Annotated by Rob Spencer
December 3, 2008
New Document
Link:“Anti-Vigilantes,” Walla Walla Statesman, April 7, 1865, page 3- A drunken man is attacked for claiming to belong to the Vigilance Committee. He is pressured into revealing who the other members of the committee are but is released the next day
ANTI-VIGILANTES
Source: Walla Walla Statesman, April 7, 1865, page 3
Subject: An anti-vigilante response to a prospective vigilante.
Synopsis: A drunken man is attacked for claiming to belong to the Vigilance Committee. He is pressured into revealing who the other members of the committee are but is released the next day.
Text:
Anti-Vigilantes—The “anti-vigilantes” seem to have become quite as active recently as the Vigilantes. One night this week an individual who is in the habit of getting d. d. came into town, and , under the electrifying influence of “forty rod” proclaimed himself “king,” and talked valiantly of the doings of the vigilantes. A party of the “antis” concluded to have him “tell them something he didn’t know,” and accordingly took him into a room, tied a handkerchief around his neck, suspended him from the shoulders of one of the tallest of the members and asked him who the vigilantes were? The question was repeated several times and upon him as often exposing his ignorance by telling them that he “did not know,” they concluded that, as a punishment for such an inexcusable lack of information, they would place him in “durance vile” for the night. Accordingly, they locked him up in a privy where they left him to doze off the influence of the “forty rod,” to repent of his vain boasting, and to reflect upon the beauties of the “new code.”
Transcribed and Annotated by Rob Spencer
New Document
Link:“HUNG BY THE VIGILANCE COMMITTEE,” Walla Walla Statesman, April 21, 1865, page 3- Four men were found hanging near the Walla Walla area. Their names and their alleged crimes are outlined.
HUNG BY THE VIGILANCE COMMITTEE
Source: Walla Walla Statesman, April 21, 1865, page 3
Subject: Reported results of vigilante violence in the area.
Synopsis: Four men were found hanging near the Walla Walla area. Their names and their alleged crimes are outlined.
Text:
HUNG BY THE VIGILANCE COMMITTEE—The present week has been one of excitement in this community, on the account of the hanging of several men by the Vigilance Committee. Although reports have been current every day of men being found hung up in every direction, only four positively known to have been hung, and the reports in regard to others are no doubt without foundation. On Sunday morning a man named McKenzie was found hanging to a limb near the race track, a short distance below town. He was brought into town during the day by Coroner Horton, and taken to the cemetery and buried. It appears, from reliable testimony, that McKenzie was a cattle their, and had charge of the cattle stolen from Mr. Jeffries, spoken of in last week’s paper; that he was found with the cattle last Tuesday, captured and hanged the same night. He has been about the city for some months, often disappearing and being absent for days at a time, and returning to and departing from his hotel at all hours of the night, leggined and spurred as if he had been riding. He appeared to be morose in disposition, seldom engaging in conversation with others, and although his conduct did not at the time excited particular suspicion, the occasion of his frequent and unseasonable rides seems not to be fully explained. It is said the he was known also by the name of Reynolds, and crossed the plains two years ago. He was of sandy complexion and about twenty-four years of age.
Two men named Isaac Reed and Wm. Wills were caught by the Committee last week near Wallula, tried and convicted of horse stealing and brought up on to the Walla Walla river and hung. These men confessed their guilt and acknowledged belonging to a band of horse and cattle thieves who had secreted a lot of stolen horses on the Columbia river above Wallula. They also stated that the band got into a fight at their rendezvous some time ago among themselves and killed one of their number. Fifteen stolen horses were captured with these men. Reed and Wills were, respectively, about twenty-four years of age. They were formerly from Mollula, Oregon; but Reed has lived for the past five or six years near the Dalles.
The tall, thick-lipped negro, known as “Slim Jim” completes the list. He was found on Tuesday, hanging to a tree about three-fourths of a mile east of town. He has been known in the community as a thief, and several petty larcenies have been traced to him. He is the darkie that furnished “Pete” and Waddingham the instruments with which they effected their escape from the jail a short time ago. He was at one time a convict in the Oregon penitentiary, and last summer killed a colored man in the Boise Basin. On the day that he was found hanging, a horse that he had stolen a month or two ago and cached on Cottonwood Creek, was recovered and brought into town by the owner.
Transcribed and Annotated by Rob Spencer
NEW DOCUMENT
Link:“More of the Vigilantes- Updike and Dixon Hung,” Walla Walla Statesman, April 77, 1866, page 3- Two men are hung as criminals. Cards are attached to the bodies to identify the men and their alleged crimes. The Statesman officially endorses vigilantism.
Document:
MORE OF THE VIGILANTES-UPDIKE AND DIXON HUNG
Source: Walla Walla Statesman, April 27, 1866, page 3
Subject: Victims of vigilante violence.
Synopsis: Two men are hung as criminals. Cards are attached to the bodies to identify the men and their alleged crimes. The Statesman officially endorses vigilantism.
Text:
MORE OF THE VIGILANTES-UPDIKE AND DIXON HUNG-Mr. Dover and another gentleman arrived in town from Rocky Bar, Sunday afternoon bringing the news that D.O. Updike and Jake Dixon were hanging at Syrup Creek. Mr. Dover and his companies camped at Syrup Creek about dark on Saturday night, and had occasion to go down to the house a short distance and were surprised at finding no one living there but Updike suspended in the shed between the two houses. On his body was pinned the following card:
DAVE UPDIKE- the aider of Murderers and Horse Thieves. XXX
The discovery had the effect of making their camp a lonesome one for that night. Coming on the next morning, they learned that Jake Dixon was also hung to a tree a few miles down the creek. They could not tell how long the bodies had been there. Justice Kline started yesterday morning for Syrup Creek for the purpose of disposing of them. Monday morning the following card was found posted on the Main street, written in the same hand writing as the one found on Clark a week ago:
DAVE UPDIKE- Accessory after the fact of the Port Neuf stage robbery. Accessory and accomplice to the robbery of the stage near Boise City, in 1864. Chief conspirator in burning property on the Overland Stage Line. Guilty of aiding and assisting West Jenkens, the murderer, and other criminals to escape, while you were sheriff of Ada county. Accessory and accomplice to the murder of Raymond. Threatening the lives and property of an already outraged and suffering community. Justice has overtaken you. XXX
JAKE DIXON- Horse thief, counterfeiter, and road agent generally. A Dupe and tool of Dave Updike. XXX
All the living accomplices in the above crimes are well known through Updike’s confession, and surely will be attended to. The roll is being called. XXX
In the addition to the above from the Boise Statesman, we have a rumor that two other men have been hung by the vigilantes, but of this there is no certainty. Passengers, who have lately come through from Boise, state that an intense excitement prevails, and that the hanging of Updike and his partner is only the prelude to further trouble. The opponents to the vigilantes were arming, and a collision between the two parties was liable to occur at any moment. The Idaho World condemns the course of the vigilantes in the severest terms, whilst the Statesman just as decidedly approves of all that has been done. In the moral as well as in the natural world, storms are sometimes necessary to purify the atmosphere and after the storm that now prevails in Idaho subsides, we doubt not the people of that section will enjoy a season of quiet.
Transcribed and Annotated by Rob Spencer
NEW DOCUMENT
Link:“Vigilance Committee Notice,” Walla Walla Statesman, June 15, 1866, page 3-The Vigilance Committee writes to the editor to declare that it has improved its by-laws and will execute “justice” upon any it perceives as lawbreakers.
Document:
VIGILANCE COMMITTEE NOTICE
Source: Walla Walla Statesman, June 15, 1866, page 3
Subject: Vigilante message to public
Synopsis: The Vigilance Committee writes to the editor to declare that it has improved its by-laws and will execute “justice” upon any it perceives as lawbreakers.
Text:
Vigilance Committee Notice
Walla Wall City. June 9, 1866.
Editor Statesman: Will you give notice through the medium of your paper that the Vigilance Committee has been organized over a year, and during that time has not been entirely idle; but whether it has accomplished any good or not, the public are the judges. And the committee further gives notice, that they have made some amendments to their former plan of organization, which enables them to act more expeditiously and with greater certainty in ferreting out the perpetrators of crime, and the committee stand ready to redress all crimes and execute summary justice between the perpetrators of crime, no matter of what grade, and the interest of all good, well-disposed and law abiding persons; and we make no distinction between officer and private, rich or poor, Vigilante or anti-Vigilante. All are subjects for our action in the way of crime, and will receive equal justice at our hand.
By order of the Vigilance Committee
Transcribed and Annotated by Rob Spencer
Perhaps more to follow...
Read more!
This is an interesting article. It was published in the
Walla Walla Statesman on 7 April 1865. Apparently "Dutch Lewie" here was a victim of vigilante violence (i.e. they were hanging him) and he survived. Crazy!
It looks like 5 were arrested and only 1 was officially charged. I am now looking to see if there is a court record about the 1 individual that was charged. I emailed the Washington Digital Archives and asked them if someone would look for me and see. I narrowed down my options to cases WAL-200 to WAL-203. If they can't do that, I will try and see if I can find it on Thursday when class meets there.
Read more!
There was an interesting article that appeared in the Statesman two weeks after the local Vigilance Committee printed its warning to would-be criminals. A "concerned citizen" wrote in and criticized the newspaper for printing that warning.
This individual made the point that readers who read things like that in the newspaper were placed under the impression that there was no justice in Washington Territory except vigilante justice. I am starting to find a large "anti-vigilante" movement in my readings. I am somewhat surprised, though I guess that I shouldn't be. I would expect that not everyone agreed with the Vigilance Committee's activities, but I was under the impression that vigilante-ism just came with the territory in the Old West. I guess that I really hadn't thought about that much.
Read more!
The vigilante committee sent a letter to the paper on 15 June 1866 informing the public that they revamped their vigilante code (They were more like guidelines anyway :)so that they could act with more swiftness against 'perpetrators'. It would be interesting to see that code, but I am not sure a record of that kind would be preserved. I'll have to look.
Also, the Vigilance Committee pretty much threatened the public at large, stating that if anyone stepped out of line, no matter who you were, they would be there. This is a pretty violent society. Since there are signs of increasing disapproval of vigilante activity, I wonder why more people don't speak up. I wonder if they fear that they will be next.
Read more!
The Idaho World responded to the Walla Walla Statesman's claim that vigilante violence was OK and that Idaho would benefit from 'a season of quiet' if citizens there would support local vigilante activity.
In the 18 May 1866 printing of the Statesman, the World wrote: "It will enjoy 'a season of quiet' when the stranglers cease to outrage the community with their crimes--not till then."
It is really interesting to watch this conflict unfold between those who approve of vigilante activity and those who do not. I wonder if I would feel safe as a citizen.
Read more!
Well, this is my poor attempt at a blog. Hopefully I will get better as I gain more experience. Tonight's assignment in class is to post something "substantial" that we found from our research over the week. One thing that I found interesting was from the newspaper itself.
I am looking for crime stories from the 'Walla Walla Statesman', and more especially for stories that have a vigilante response to crime. I came across a story from the 27 April 1866 paper that gave a report of a couple of bodies that were found hanging with tags on them. These tags identified the individuals and also their alleged crimes. As I read further, I was surprised to find out that the 'Statesman' actually approved of the vigilante activity! It says: "The Idaho 'World' condemns the course of the vigilantes in the severest terms, whilst the 'Statesman' just as decidedly approves of all that has been done." It goes on to say, somewhat matter-of-factly, "In the moral as well as in the natural world, storms are somtimes necessary to purify the atmosphere..." I was really surprised to see the paper come out and say that. That says something about the society of Old Walla Walla.
Read more!
