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EDITED BY JOHN C. Parish
| Volume I |
September 1920 |
No. 2 |
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Copyright 1920 by the State Historical Society of Iowa
(Transcribed by Debbie Clough Gerischer)
The Trial and Execution
of Patrick O'Conner at the Dubuque Mines
in the Summer of 1834
[Eliphalet Price, an eyewitness of
the hanging, wrote the following account in the early fifties. In October, 1865,
this account was published by the State Historical Society of Iowa in the
Annals of Iowa,
from which it is here reprinted. Price's spelling
of the name O'Connor has been retained in the article.—THE EDITOR]
In giving a detailed historical account and execution of Patrick O'Conner,
at the mines, in the summer of 1834, we are aware that there are many persons
still living who participated in bringing about a consummation of justice on
that occasion; as well as many who were witnesses of the stern solemnity
attending its closing scene; which may subject this reminiscence to a criticism
which we believe will not extend beyond the omission of some minutia, which did
not come under our personal observation.
Soon after the treaty between the United States and the Sac and Fox Indians
at Rock Island in 1832, which resulted in the extinguishment of the Indian Title
to the lands embraced in the present State of Iowa, permanent mining locations
and settlements: began to be made in the vicinity of the present city of
Dubuque; and at the close of the winter of 1834, Congress attached the country
acquired under the treaty, to the Territory of Michigan, for election and
judicial purposes.
Up to that period no judicial tribunals existed in the country, except
those created by the people for special purposes. Difficulties of a civil
character were investigated and settled by arbitrators; while those of a
criminal character were decided by a jury of twelve men, and, when condemnation
was agreed upon the verdict of guilty was accompanied by the sentence. Such was
the judicial character of the courts which were held at that time, in what was
known as the "Blackhawk Purchase."
Patrick O'Conner, the
subject of this memoir, was born in the year 1797 in the county of Cork,
Ireland, —came to the United States in the year 1826, and soon after arrived at
Galena, in the State of Illinois, where he embarked in mining operations. Having
fractured his left leg in the fall of 1828, on board of a steamboat, in Fever
River, it was found necessary to amputate the limb, which operation was
performed by Dr. Phileas of Galena. In this situation O'Conner became an
object of public charity. The citizens of Galena, and the mines in that vicinity
promptly came forward and subscribed liberal sums of money for his support and
medical attendance and in the course of time he was enabled to get about with
the assistance of a wooden leg, when he began to display a brawling and
quarrelsome disposition, which soon rendered him no longer an object of public
sympathy. In this situation he endeavored to awaken a renewal of public charity
in aid of his support, by setting fire to his cabin in Galena, which came near
destroying contiguous property of great value. This incendiary act, and the
object for which it was designed, being traced to O'Conner, and exposed by Mr.
John Brophy, a respectable merchant of Galena, O'Conner soon after, while
passing the store of Mr. Brophy in the evening, fired the contents of a loaded
gun through the door with the view of killing Brophy. Failing to accomplish his
object, and being threatened with some of the provisions of lynch law, he left
Galena and came to the Dubuque mines in the fall of 1833, where he entered into
a mining partnership with George O'Keaf, also a native of Ireland. O'Keaf was an
intelligent and industrious young man about 22 years old, and much respected by
all who knew him. They erected a cabin upon the bank of the Mississippi river,
near the present smelting furnace of Peter A. Lorimier, about two miles south
from Dubuque; while their mining operations were conducted in the immediate
neighborhood.
On the 19th of May, 1834, O'Keaf came up to Dubuque and purchased some
provisions, when he returned to his cabin about 2 o'clock in the afternoon,
accompanied by an acquaintance. Upon arriving at his cabin and finding the door
fastened upon the inside, he called to O'Conner to open it. O'Conner replied: "
Don't be in a hurry, I'll open it when I get ready. "
O'Keaf waited a few minutes when he again called to O 'Conner, saying: "It
is beginning to rain, open the door quick." To this, O'Conner made no reply;
when O'Keaf, who had a bundle in one hand and a ham of bacon in the other,
placed his shoulder against the door and forced it open. As he was in the act of
stepping into the house, O'Conner, who was sitting upon a bench on the opposite
side of the room in front of the door, immediately leveled a musket and fired at
O'Keaf. Five slugs entered his breast and he fell dead. The young man who
accompanied O'Keaf immediately ran to the smelting furnace of Roots & Ewing,
about a mile distant, and gave information of what had transpired. In a short
time a large concourse of miners were assembled around the cabin, when O'Conner
being asked why he shot O'Keaf, replied, "That is my business", and then
proceeded to give directions concerning the disposition of the body. Some person
present having suggested that he be hung immediately upon the tree in front of
his cabin, a rope was procured for that purpose. But the more discreet and
reflecting portion of the bystanders insisted that he should be
taken to Dubuque, and the matter there fully and fairly investigated.
Accordingly O'Conner was taken up to Dubuque. And on the 12th of May, 1834, the
first trial for murder, in what is now known as the State of Iowa, was held in
the open air, beneath the wide-spreading branches of a large elm tree, directly
in front of the dwelling then occupied by Samuel Clifton. A large concourse of
people had assembled and stood quietly gazing upon the prisoner, when upon the
motion of some person, Captain White was appointed prosecuting attorney, or
counsel in behalf of the people. O'Conner being directed to choose from among
the bystanders some person to act as his counsel, observed: " Faith, and I'll
tend to my own business ", and appeared perfectly indifferent about the matter.
At length he selected Capt. Bates of Galena, who happened to be present, and in
whose employ O'Conner had formerly been engaged. The two counsel then summoned
from among the bystanders twenty-four persons, who were requested to stand up in
a line; when Capt. White directed O'Conner to choose among those persons twelve
jurors. He accordingly chose the following persons, calling each by name:
Woodbury Massey, Hosea L. Camp, John McKensie, Milo H. Prentice, James Smith,
Jesse M. Harrison, Thomas McCabe, Nicholas Carrol, John S. Smith and Antoine
Loire. The names of the other two jurors, who were traveling strangers, cannot
after a period of thirty years be discovered. It was known, however, at the time
of the trial, that six of the jurors were Americans, three of them Irishmen, one
Englishman, one Scotchman and one Frenchman. The jury being seated upon some
house logs Capt. White observed to O'Conner, "Are you satisfied with that jury?"
O'Conner replied, "I have no objection to any of them; ye have no laws in the
country, and ye cannot try me. "
Capt. White continued, "you, Patrick O 'Conner, are charged with the murder
of George O'Keaf, do you plead guilty or not guilty?"
O 'Conner replied, "I'll not deny that I shot him, but ye have no laws in
the country, and cannot try me."
Three or four witnesses were then examined; when Capt. White addressed the
jury for a few minutes and was followed by Capt. Bates, who endeavored to urge
upon the jury to send the criminal to the State of Illinois, and there have him
tried by a legal tribunal. Capt. White replied that offenders had been sent to
Illinois for that purpose, and had been released upon " Habeas Corpus, " that
state having no jurisdiction over offenses committed upon the west side of the
Mississippi River. After this, the jury retired, and having deliberated for an
hour, I returned to their seats, upon the logs, with Woodbury Massey as their
foreman, who read from a paper the following verdict and sentence: "We the
undersigned, residents of the Dubuque Lead Mines, being chosen by Patrick
O'Conner,
and impaneled as a Jury to try the matter wherein Patrick O'Conner is charged
with the murder of George O'Keaf, do find that the said Patrick O'Conner is
guilty of murder in the first degree, and ought to be, and is by us sentenced to
be hung by the neck until he is dead; which sentence shall take Tuesday the 20th
day of June, 1834, at one P. M." Signed by all the jurors, each in his own hand
writing. There was a unanimous expression of all the bystanders in favor of
the decision of the jury. No dissenting voice was heard, until a short time
before the execution, when the Rev. Mr. Fitzmaurice, a Catholic priest from
Galena, visited O'Conner and inveighed against the act of the people, denouncing
it as being illegal and unjust. Immediately the Catholic portion of the
Irish people became cool upon the subject, and it was evident that they intended
to take no further part in the matter.
Up to this time we did not believe that O 'Conner would be executed. It was
in the power of the Rev. Mr. Fitzmaurice to save him, and he was anxious to do
so. Had he appealed to the people in a courteous manner, and solicited his
pardon upon the condition that he would leave the country, we confidently
believe that they would have granted it; but he imprudently sought to alienate
the feelings of the Irish people from the support of an act of public justice,
which they, in common with the people of the mines, had been endeavoring to
consummate. This had the effect of closing the avenues to any pardon that the
people might hare previously been willing to grant. They, however, up to this
time, would have recognized a pardon from the Governor of Missouri or the
President of the United States. Application was made to the Governor of Missouri
to pardon him; but he replied that he had no jurisdiction over the country, and
referred the applicants to the President of the United States. President Jackson
replied to an application made to him, that the laws of the United States had
not been extended over the newly acquired purchase, and that he had no authority
to act in the matter; and observed, that as this was an extraordinary case, he
thought the pardoning power was invested in the power that condemned.
A few days before the execution, a rumor got afloat that a body of two
hundred Irishmen were on their way from Mineral Point, intending to rescue
O'Conner on the day of execution. Although this report proved not to be founded
in truth, it had the effect of placing the fate of O 'Conner beyond the
pardoning control of any power but force. Runners were immediately dispatched to
the mines to summon the people to arms; and on the morning of the 20th of June,
1834, one hundred and sixty-three men, with loaded rifles formed into line on
Main street in front of the old "Bell Tavern," where they elected Loring
Wheeler, Captain of the Company, and Ezra Madden, Woodbury Massey, Thomas R.
Brasher, John Smith and Milo H. Prentice, Marshals of the day. The company being
formed six-a-breast, marched slowly by a circuitous route to the house where O
'Conner was confined, while the fife breathed in lengthened strains the solemn
air of the Dead March, accompanied by the long roll of the muffled drum. The
stores, shops and groceries had closed up their doors and life no longer
manifested itself through the bustling hum of worldly pursuits. All was silent
as a Sabbath morn, save the mournful tolling of the village bell. Men whispered
as they passed each other, while every countenance denoted the solemnity and
importance of the occasion. Two steamers had arrived that morning from Galena
and Prairie Du Chien, with passengers to witness the execution. The concourse of
spectators could not have been less than one thousand persons.
The company having marched to the house occupied by O 'Conner, now owned by
Herman Chadwick halted and opened in the center, so as to admit into the column
the horse and cart containing the coffin. The horse was driven by William Adams,
who was seated upon the coffin, and was employed as executioner. He had on black
silk gloves, and a black silk handkerchief secured over and fitted to his face
by some adhesive substance, which gave him the appearance of a negro. The
Marshals soon came out of the house, followed by O 'Conner and the Rev. Mr.
Fitzmaurice. The two latter took a position directly behind the cart, while the
former mounted their horses and rode to the front of the column, which now moved
slowly to the smith-shop of Thomas Brasher, where the irons were stricken from
O'Conner by Henry Becket. Our position in the column being in the front rank,
following the priest and O 'Conner, we were enabled to observe the bearing of
the latter. He seemed to have abandoned all idea of being released, and was much
distressed, wringing his hands and occasionally ejaculating detached parts of
some
prayer, "Will the Lord forgive me!" he would frequently ask of Mr. Fitzmaurice,
who would
reply, " Whosoever believeth in the Lord , Jesus Christ shall be saved,"
together with other like scriptural expressions. After he returned from the
smith-shop, the Captain of the company desired him to get into the cart, when
the priest observed, 'No, I wish to talk to him; let him walk." Capt. Wheeler
replied that he had orders to place him in the cart; but would go and state his
request to the Marshal. Accordingly he advanced to where Mr. Madden was sitting
upon his horse, who observed in a loud tone of voice, "No; if that gentleman
wishes to talk with him, let him ride upon the cart with the murderer. " This
was spoken harshly and contemptuously by Mr. Madden, who, we learned afterwards,
was deeply offended at some remarks previously made by Mr. Fitzmaurice
concerning himself, and imprudently took this opportunity to retaliate, which we
have reason to believe he afterwards regretted. The Captain of the company
delivered the message as he received it, though in a more pleasant tone of
voice, Fitzmaurice bowed respectfully to the message, but made no reply. O
'Conner being now seated upon the coffin, the column commenced moving forward,
to quarter minute taps of the drum, and arrived about twelve o'clock at the
gallows, which was erected on the top of a mound in the vicinity of the present
Court House. The company here formed into a hollow square, the cart being driven
under the arm of the gallows, at the foot of which the grave was already dug.
The Captain immediately ordered the company to ground arms, and uncover. Even
many of the spectators removed their hats, while the priest offered up, in a
clear and distinct tone of voice, a fervent and lengthy prayer, parts of which
were repeated by O 'Conner, who, at the close of the prayer, addressed a few
remarks to the people, saying that he had killed O'Keaf, that he was sorry for
it, and he hoped that all would forgive him. Then pausing for a moment, he
observed, "I wish Mr. Lorimier and Gratiot to have my—" here he was interrupted
by the priest, who observed, "Do not mind your worldly affairs; in a few minutes
you will be launched into
eternity; give your thoughts to your God." The hangman now spoke to O'Conner and
assisted him to reascend the cart, when he adjusted around his person a white
shroud; then securing his arms behind him at the elbows, he drew the cap over
his face, fixed the noose around his neck, and lastly, he removed his leg of
wood; then descended from the cart, and laid hold of the bridle of his horse and
waited for the signal, which was given by one of the Marshals, who advanced into
the open area, where he stood with a watch in one hand and a handkerchief at
arm's length in the other. As the hand of the watch came around to the moment,
the handkerchief fell, and the cart started. There was a convulsive struggling
of the limbs for a moment, followed by a tremulous shuddering of the body, and
life was extinct. The body hung about thirty minutes, when Dr. Andros stepped
forward, felt of his pulse, and said, "He is dead." The body was then cut down
and placed in the coffin, together with his leg of wood, and deposited in the
grave. The company now marched in single file to the front of the Bell Tavern,
where a collection was taken up to defray the expenses, when the company was
disbanded. Immediately after this, many of the reckless and abandoned outlaws,
who had congregated at the Dubuque Mines, began to leave for sunnier climes. The
gleam of the Bowie knife was no longer seen in the nightly brawls of the street,
nor dripped upon the sidewalk the gore of man; but the people began to feel more
secure in the enjoyment of life and property.
ELIPHALET
PRICE |
