The Murder of William West.
The Murder of William West.

The Murder of William West.
_____

Trial of the Murderer, Moses Young--Verdict of the People's Jury--Sentence of the Court--Execution of the Prisoner--Immense crowd in attendance--Military Escort, etc., etc.

    The trial of Moses Young for the murder of Wm. West, was commenced at nine o'clock A. M., on Wednesday the 14th inst.
    A large concourse of people was in attendance. The first step was the appointment of a President, and two Associate Judges; a Secretary, and a Sheriff; who appointed five deputies. A Jury of twelve was then impannelled, and the charge read; which set forth that Moses Young was guilty of murder in the first degree, in feloniously killing William West, on the 13th of March, 1860. The Court then adjourned until two o'clock P. M., when it again met, and the examination of witnesess commenced.

    J. M. Hunter was the first witness introduced by the prosecution; being sworn, he testified as follows:--

    Was well acquainted with the parties for some time past; was at West's house yesterday in the forenoon--West was away--Young came to the house with a gun; said West had been in his house and taken some papers, and that he (Young) would not stand for it; fired his gun in the air, and then asked for some buckshot. I said I had none--he then went toward Dunn's store.
    Afterward saw Young and Capt. Smalley talking together, heard Young say that West had taken papers and blankets from his house without leave; also that (Young) had offered West an order on a store for goods to effect a settlement, which West refused to accept, claiming money.
    After dinner Young again came to West's house--West was lying on the bed and witness was lying on the floor--They talked of a settlement but made none. Young went off, when West got up and fastened the door, and said something about being afraid of "that man."
    After a little time witness opened the door and went to Young's house; West followed, going to the right, so as to pass some distance from Young's door. When nearly opposite the door, Young came to the door with a double-barrelled shot gun--witness had not reached the door. Witness said "Mose, don't shoot!" Young replied, "I said I would," and anon the instant fired. West fell and died from the effect of the shot in a few minutes. The distance fired was thirty or thirty-five feet. West had turned partly around, evidently to retreat to his own house.
    Saw West have some deeds last Sunday; heard him say that Young had let him have one pair of blankets. Young had been boarding with West; have not seen West in Young's house recently; did not hear Young say anything about the deeds, nor ever heard him make any threats. After West fell he called out, two or three times, that he was killed--saw him die.

    The witness was dismissed, and Wm. M. Pierson sworn:--

    Knew the parties since October last. Saw Young shoot West yesterday, about two o'clock. As West fell he cried out, "I'm murdered," and called on witness and others to arrest Young. Young stood looking on for a few moments, then laid down his gun and started off. Witness followed a short distance and when he returned found West dying. Never knew of any trouble between the parties and no notice of this until Young was raising his gun.

    Cross examined:--

    Witness lives 136 feet from Young's house; West's house is 66 feet further away on the same line. At the time of the shooting was working at a carpenter's work bench about seventy feet from Young's door.

    John C. Mouck sworn:--

    Was at work at the bench with Capt. Pierson, heard the gun fired; looked up and saw West fall, and Young standing in his door with gun in hand, West cried out, "I'm murdered, arrest that man." Young fled. West was not armed.

    Wm. N. Byers sworn:--

    Witness and J. O'Neill discovered the prisoner about sundown yesterday evening. He was covered up in a pile of harness in the attic of the building on Blake street, known as "Stag hall." Had been searching all the afternoon.

    Dr. A. F. Peck sworn:--

    Witness saw Wm. West yesterday a little after two o'clock. He was dying from the effect of a charge of buckshot in the right side. [The witness entered into a scientific explanation of the effect, and necessarily fatal effect of the shot.]

    William Parish sworn:--This witness's testimony was the same as that given by Capt. Pierson and Mr. Mouck.

    Dr. J. W. Smith sworn:--

    Examined West after he was shot; he was dying. He was fatally shot in the side with fifteen buckshot.

    Dr. D. McDowell sworn:--

    Was called to see Mr. West about wo o'clock. Found him dying from the effect of a gunshot, lodging fifteen buckshot in his right side.

    Geo. W. Brown sworn:--

    Know Moses Young, saw him walking rapidly up Larimer street yesterday a little after two o'clock. Afterwards saw the body of West.

    Daniel Kelly sworn:--

    Know Moses Young. Sold him twenty-five cents worth of buckshot yesterday about nine o'clock A. M.

    Here the counsel for the prosecution rested their case.

FOR THE DEFENCE.

    N. Smalley sworn:--

    Became acquainted with Mr. Young and Mr. West in September last; West worked for Young; they were very intimate until about the middle of January. Mr. Young thought there was no one as good as Mr. West. [Mr. Smalley set out to "tell all the facts," "the whole story," since his acquaintance with the parties. In furtherance of this resolve he narrated numerous conversations with both parties.]
    Young owed West some money, and had voluntarily given him (West) a deed to several town lots as security for its payment. West lived with Young most of the winter. The deeds lay "around the house," not recorded. Witness advised West to have them placed on record; after a good deal of delay he did so, after which they lay around as before. West moved into his own house a few weeks ago, and afterwards went into Young's house and got his deeds.
    Not very long ago Young fitted out West to go to the mountains. West started and returned without reaching the mines, and from this difficulties arose. Young demanded the deeds and West refused to give them up, unless Young paid him. Young said "West should not take the deeds with him to the mountains." West was preparing to start again for the mountains, and expected to leave this morning.

    Cross examined:--

    Young did not tender money to West when he demanded the deeds, but offered him an order on Doyle & Co. which West refused to accept. Never knew West to have any difficulty--he was a peaceable man.

    Robert Dixon sworn:--

    Mr. West told witness that he had some deeds belonging to Young.

    This closed the evidence.

    The Attorneys summed up the evidence, when the case was submitted to the jury. They retired for a few minutes, and returned with a verdict of Guilty! With appropriate remarks the Court proceeded to pass sentence, which was that the prisoner be hanged on the following day, between the hours of three and six o'clock P. M.
    A committee of twenty-five citizens was detailed to take charge of the prisoner, and the people dispersed.
    Early on the 15th, men were engaged in erecting a scaffold on the spot where West was killed; before noon it was completed. At three o'clock the Jefferson Rangers assembled and marched to Denver Hall to guard the prisoner to the gallows. The prisoner was holding converse with Rev. J. H. Kehler, and apparently joined in fervent prayer. A little later he set out for the place of execution, surrounded by the Rangers marching in a hollow square. The prisoner was supported by Rev. J. H. Kehler and T. J. Bayaud, Esq.; the Sheriff and his deputies walking in front and rear--the tap of the drum and steady tramp of the crowd were the only sounds heard.
    Upon reaching the scaffold the prisoner ascended the steps with composure and took his station near the fatal drop; when, at his request, the following named gentlemen were called and took their place upon the scaffold:--

Hon. John C. Moore.Rich. Ed. Whitsett.
Col. Oscar B. Totton.Capt. N. Smalley.
Wm. M. Slaughter.John Hughes.
Dr. Drake McDowell.G. Guiraud.
Capt. Wm. H. Bates.

    After which Mr. Totton read the following statement and resolution of the Committee who had the care of the prisoner since his arrest.

    "We, the Committee appointed to the charge of Mr. Moses Young in the late unfortunate affair, in which he was tried and convicted of the killing of William West, wish to make the following statement and resolution:--
    "We took charge of Mr. Young on the evening of the 13th inst., and since that time he has uniformly conducted himself in a courteous manner toward all with whom he had any associations. He has at all times been quiet and gentlemanly in deportment, and has willingly complied with any and all demands.
    "Resolved, That to the friends of Mr. Young we extend our sincere sympathies and regret the unavoidable duty that has devolved upon us as the aforesaid Committee."

[SIGNED.][SIGNED.]
John C. Moore.Frank De La Mar.
Oscar B. Totton.Robert McCurley.
Thos J. Russell.C. W. Flower.
Thos. B. Parker.L. J. Allen.
A. E. Babcock.W. E. Slaty.
J. W. Smith.J. B. Lamber.
George Clark.J. H. Gerish.
Isaac McCormick.Wm. M. Slaughter.
Geo. Wynkoop.William N. Byers.
Frederick Kershaw.A. Jacobs.
E. W. WynkoopE. McLaughlin.
Rich. Ed. Whitsitt.John T. Henderson.
Wm. H. Bates.H. J. Rogers.
Drake McDowell.John O'Neill.
J. J. Murphy.John Nelson.
Wm. S. Foster.J. M. Pierson.

    At the request of Mr. Young, the following statement is appended:--

    "Knowing that my earthly career is about to close, I would ask the forbearance of the world, and its kind judgment toward my memory. I acknowledge that the sentence was inevitable, and the trial fair. Hoping to be forgiven, I forgive all mankind, and die hating no man.
    "I beg the love and sympathy of my relatives and friends, and have an abiding faith and trust that I will meet my dear mother and father beyond the grave.
                                                                                      MOSES YOUNG."

    The military were stationed around the scaffold. Rev. Mr. Kehler and the prisoner knelt in prayer, after which he shook hands with those present and waved an adieu to the assembled multitude, when all left the scaffold but the prisoner, the sheriff and one deputy.
    The prisoner then stepped upon the drop, the black cap and noose were adjusted, his hands and feet pinioned, when the sheriff and his aid descended the steps, and at twenty-one minutes past four o'clock the drop fell. For the space of a minute there was no apparent motion, then there was a convulsive twitching of the muscles, heaving of the chest, and contraction of the limbs for three minutes, when all motion ceased; life had fled--another soul had winged its way to its final reckoning. At the expiration of fifteen minutes the attending physicians pronounced life extinct, and at twenty minutes the body was cut down and delivered to the friends of the deceased. Its burial was on the following day at eleven o'clock. The fall of the drop was a little more than three feet, dislocating the neck, and causing instantaneous insensibility.
    Thus has ended the sequel to the most cold-blooded, deliberate and seemingly unprovoked murder it has ever been our lot to be familiar with. For an apparently very trifling provocation, William West was shot down in a public street, in broad day light, and in the presence of a score of witnesses.
    His murderer attempted to escape, but after being captured, displayed the utmost self-possession, and not the least violence or attempt to avoid his evident fate.
    Throughout the whole transaction, the utmost order and quietness prevailed.--The hundreds who constantly witnessed every proceeding in the trial and execution, looked on in subdued silence. The prisoner had every advantage, in able council, and impartial hearing. More orderly or deliberate proceedings would hardly be witnessed in the highest criminal court in the land.
    While we deeply deplore the necessity which compels us to resort to such extreme measures, we cannot but endorse the prompt, efficient and decisive measures which have been carried out by the people, as the only means at hand to protect us against the hand of the assassin. Legal justice at best, is but slow, and in a country like this, without a generally recognized criminal jurisdiction, it is virtually inoperative. Without prisons, or any means of confining criminals, the only means left for public security and certain punishment to the guilty, is for the people to take the law into their own hands, and meet out justice under the severe, but effective code of Judge Lynch. In this case we beleive [sic] there was something behind, some hidden cause which prompted the unhappy murderer to commit the terrible act. When sentence was passed, he said "I have killed my best friend, but for what, the world will never know."

___________


Source:

Unknown, "The Murder of William West," Weekly Rocky Mountain News, Denver, Colorado, Wednesday, 21 March, 1860, page 2.

Created December 17, 2005; Revised June 27, 2007
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