This story is about the Oct. 1868 murder of Louis Hilgenberg at South Point, Lawrence County, Ohio, by two men, Jerry Spears, age 40 years, and Andrew Price. Jerry Spears was given life in the Ohio State Penitentiary in Columbus, Ohio, and as one newspaper reports, Spears “looks very badly and says it is a hard life; he expects to end his days there. Spears said if they had hung him with Price, he would be better off.” Spears is working in the idle room, keeping it in order.
Andrew ‘Andy’ Price was tried for the same crime and was found guilty of 1st Degree Murder, but his punishment was to be ‘hanged on the lawn of the Ironton, Ohio, Courthouse 12 March 1869’. The following newspaper stories tell the details about the crime, the trials, and the aftermath of this horrible event in South Point, Ohio, in 1868. This ruthless crime was committed over a little whiskey, some old clothing, and eighteen cents.
IR Oct. 29, 1868 – CHASE FOR A MURDERER. HOW MARSHAL MORGAN CAUGHT ANDY PRICE. – EIGHTEEN CENTS FOR A MAN’S LIFE.
For some days after the assassination of Louis Hilgenberg, a full account of which was in the Register last week, there was a profound mystery as to who committed the horrible deed. But after a while, as is usual in such cases, surmises began to float through the community, and suspicion began to find its home.
So, on Tuesday night, of last week, Marshal Morgan started for Ohio Furnace to cut off the retreat of certain individuals who had been reported as directing their steps that way. Finding nothing there, this officer went to the Tunnel on his route further to the East. Staying there all night, he was joined by Peter Spears when the two started for Vesuvius furnace and thence toward Marion.
Peter Spears, however, volunteered to show where Andy Spears was. The latter individual is under strong suspicion. Marshal Morgan and his associate, riding at night, came out on the pike, three miles this side of Marion, near where Andy lived.
Learning that Andy had been there that day, they went to his house, which is in a hollow back of Elza Willis’s. Finding Spears at home, the Marshal put irons upon him, then took him apart, and asked him about the “murder scrape,” but Spears denied all knowledge of it.
But upon the Marshal promising to make a witness of him and let him go, he said that a man by the name of Andy Price had told him Thursday that he was going to kill Hilgenberg Friday night and that he was told by Price the following Sunday that he had killed him.
Andy Spears said that Andy Price stayed at Mr. Rhodes’, 8 miles beyond Marion. The Marshal and his posse started thither, having pressed in a horse for the prisoner to ride. But Price had not been at Rhodes’s, nor was he known there. Mr. Rhodes, however, went with the Marshal to Andy Price’s sister, some distance off, and learned that Andy had left there Tuesday morning at daybreak.
It now being night, Wednesday, the Marshal sojourned at Rhodes’s and started next morning for the river. Within five miles of the river at a fork of the road, Marshal Morgan sent three of his posse to the mouth of Symmes while he, with Peter Spears and the prisoner, pushed forward toward Proctorsville.
Here learning that a man answering the description of Price had crossed the ferry Tuesday morning at 11 o’clock, the Marshal sent the man he had arrested to Ironton and, with Peter Spears, started into Virginia. [Now West Virginia] Hearing that Price had gone from Guyandotte, [WV] with an ox team, the Marshal went seven miles off the Barboursville road to see if the ox driver knew anything of Price. He could only ascertain that the ox driver left Price one mile this side of Barboursville, [WV].
Morgan started for Guyandotte river, several miles above Barboursville, [WV]. Here, he began to trade in cattle to conceal his mission and was directed to Maj. Shelton. Finding this individual, a reliable gentleman, the Marshal told him his purpose and was informed that such a man as Price had been in that neighborhood and had inquired for Anderson’s.
Maj. Shelton agreed to accompany Morgan and Spears. They went to Anderson’s, and the Marshal seeing a woman washing in the creek nearby, asked her if there had been an old gray-headed man there lately. The woman replied that there had been no one there but Andy Price, and he was no gray-headed man. Morgan said he knew better, whereupon the feminine became deeply enraged and cursed the Marshal roundly.
In the meantime, Maj. Shelton had gone into the house and, coming out, said it was all right. He had told some women there what they were after, and the women came to the door and begged them ‘to take Price for he was a thief, murderer &c.”
The expedition then crossed the Mud River and went to a Grist Mill, where they learned that Andy Price had been seen at the polls Wednesday. Losing no time and buying but few cattle, Marshal Morgan and his comrades started for Mrs. Smith, Price’s sister. Stopping from that place, the party learned that Price and his wife had come down to Mrs. Smith’s the day before, Thursday.
They then went to Smith’s and enquired of a man, who was daubing the house, if Andy Price was there. Smith was somewhat deaf, so they had to speak loud, and the women hearing Andy’s name mentioned got very uneasy. Morgan stepped into the yard to get a turnip when he saw a woman get over the fence and run up the creek. The Marshal and posse took after her. She cried at the top of her voice, “Get away, Andy – they’re after you.”
Morgan caught her and endeavored to intimidate her by presenting a pistol to her face, but she “wouldn’t scare” and yelled louder. The Marshal gave her a push over the bank and, rushing down the creed, found Price secured. The latter was sitting down feeding at Sorgo Mill when Shelton and Spears came up.
He asked Morgan why he was arrested, and the Marshal told him that he had broken into his store back in South Point and had some calico and a pair of fine boots in a carpet sack that he wanted back. Price said if that’s all, he could examine the carpet sack. In the meantime, they had arrived at the house, and the women hearing them talk about the carpet sack, stealthily bore it away. Still, the Marshal caught them emptying it of cigars &c. and immediately terminated their maneuvers. The fine boots the Marshal pretended he was after could not be found, but the coarse ones, which had been taken from Hilgenberg’s, were, as was also his revolver.
The Marshal then took Price and started for the river – passed through Barboursville at 12 o’clock at night, and reached Guyandotte at 3 in the morning, when they took the steamer Crossley and arrived at Ironton before noon, Saturday.
On their way here, Price confessed the whole affair to the Marshal – that he and Andy Spears committed the murder – that he did the striking with the hatchet and Spears cut the German’s throat – that for their awful crime, they obtained some old clothing, a jug of whisky and eighteen cents. He was lodged in jail with his associate in crime to await his trial.
Marshal Morgan deserves great praise and a good reward for this important arrest. He ascribes much of his success to the untiring assistance of Mr. Peter Spears, who accompanied him through the whole tour, and to Maj. Shelton, who was with him part of the time. During the expedition, the party did not sleep in a bed or sit at a table. They spent all their money, and the Marshal pawned his watch for more. They traveled during the night time as well as the day.
THE COURT OF COMMON PLEAS – IR Dec. 3, 1868
- Met last Tuesday, Judge Crain presiding. The term will be devoted to criminal cases, the first of which will be the trial of the murderers of Hilgenberg. There are eight cases in all to be up for a hearing.
IR Dec. 3, 1868 – THE HILGENBERG MURDER.
This case was called on Tuesday morning last before Judge Martin Crain. The day was spent empaneling a jury, which now consists of John Roach of Mason, Thomas Henderson, Rome, Geo. Freeman, Fayette, Wm. Brown, Windsor, Vinton Massie, Mason, Pulaski Condy, Hamilton, Goodwin Wilson, Rome, L. H. Singer, Union, R. D. Neeley, Rome, C. C. Dillon, Windsor, J. L. Brammer, Windsor, Samuel Tomlinson, Union.
About thirty witnesses have been subpoenaed in the case; twenty for the prosecution, conducted by E. V. Dean, Esq., and Hon. W. W. Johnson, and the remainder for the defense, conducted by Hon. Gen. Enochs assisted Ralph Leete. Six or seven of the witnesses for the defense are from Jackson county, the former home of Price, and the main part of their evidence will be as to his character and habits.
On Wednesday morning, the prisoner was brought into Court. Nothing in his countenance or appearance would lead one to believe him guilty of the atrocious crime charged against him. He was rather pale and emaciated, resulting from confinement rather than fear of the result of this trial. Wednesday and Thursday will probably be consumed in taking the testimony, and it will probably be Saturday before the verdict is obtained.
IR Dec. 10, 1868 – THE HILGENBERG MURDER. ANDY PRICE IS TO BE HUNG.
The trial of Andrew Price for the murder of Henry Hilgenberg, which has been in progress for a week, was terminated last Tuesday in the conviction of the accused of the terrible crime of murder in the first degree. The trial commenced on the 1st of December and has been slowly and carefully prosecuted. During its continuance, the courtroom was constantly crowded, and the proceedings were watched with deep interest by all the citizens.
All the testimony in the case had been taken against last Monday noon. In the afternoon of that day, Judge Johnson opened the argument on the part of the State, followed by Gen. Enochs and Hon. Ralph Leete for the prisoner. On Tuesday morning, the Prosecuting Attorney, Mr. Dean, closed for the State. The Court then charged the jury at great length and expounded the law. The jury retired and, after an absence of thirty minutes, returned.
The prisoner was found guilty on the first count of the indictment, which made him principal in perpetuating the horrible deed. When the jury’s foreman rendered the verdict, Price did not manifest the slightest concern but listened to the most dreadful fate that can overtake a man with perfect indifference. The verdict did not astonish him. He expected it. Up to last Saturday, he had not wholly despaired, but since then, he had given up all hopes.
There was no room for his escape. A clearer case of premeditated murder has not come before the courts for many a day. Disregarding the various confessions made by Price, there was sufficient in the circumstances attending the case to designate him as the murderer. His attorney worked for him with industry and skill, but all the facts were against them.
A man is to be hanged in Ironton! The fact can hardly be realized – so sad it is to think of, and so averse is the horrid practice to the enlightened spirit of the age. – Capital punishment is a relic of the dark days of the past and should not now disgrace our statute books. The ends of Justice, Morality, of Public Safety can be better met than by swinging a poor mortal into Eternity. But the law is supreme and says to let the prisoner be hanged.
Price has become demeanor since his confinement in the County Jail. A minister who has frequently called upon him says that the prisoner has listened to his counsels attentively and gentlemanly and has taken a deep interest in his admonitions.
IR Mar. 18, 1869 – PRICE CASE
Gov. Hayes’ reprieve of Price’s sentence, which we gave last week, was granted at the solicitation of some of our citizens to allow time for a petition in circulation to be presented to the Governor. That petition, with about 250 names, has now gone on. – A large number of other names might have been added. We are told that very few persons refused to sign it. We hardly anticipate the Governor’s favorable action upon the petition, as he requires mitigatory circumstances and will probably not agree that because Spears is not hung, Price shall not be.
IR Dec. 17, 1868 – ANDY PRICE TO BE HUNG ON THE 12TH OF MARCH. SENTENCE OF THE COURT
Last week, we spoke of the conviction of Andy Price of Murder in the First Degree. Mr. Leete, one of the prisoner’s attorneys, immediately moved the Court for a new trial. On Thursday, the argument on the motion was made. The Court overruled it.
The counsel for the prisoner immediately took steps to file exceptions to the ruling of the Court. – The principal ground in the bill of Exceptions is the objection to the confessions of Price, which the defense avers were not free and voluntary, but induced by representations of favor. These exceptions will come before the Supreme Court this Winter for a hearing.
Judge Crain sentenced Price to be hung on the 12th of March next. – The prisoner received the sentence with remarkable coolness. He had nothing to say. The execution will occur in the jail yard at the rear of the building. The following is Judge Crain’s
SENTENCE
Andrew Price: – You have been accused by the Grand Jury of Lawrence county, in the State of Ohio, on their oath, of having purposely, of deliberate and premeditated malice, murdered Lewis Hilgenberg by striking him on the head with a hatchet.
Upon this occasion, you have been put on trial before a Jury of your fellow citizens. This Jury has listened to the evidence in the case with great patience, has given close and impartial attention to all the facts and circumstances arising therein, and has, on their oaths, found you guilty, as charged in the first Court in the indictment. With the verdict of the Jury, I agree.
in my opinion, it accords with the evidence they heard and the truth. The facts proven present a horrible and brutal case. Lewis Hilgenberg has never wronged you. Your sole object was to appropriate to yourself, through the unnatural and bloody act, what little money and property he had accumulated by his solitary and patient industry. The act was wholly unprovoked and unattended by any palliating circumstances. It was an act of wanton and marked depravity.
You must suffer an ignominious death so that others may be warned by your unhappy fate and be made afraid to commit a crime. I beg you to employ the few days remaining on earth to make your peace with God. You will be allowed the visits of your friends and counsel to aid and advise you in settlement of your worldly affairs and such Ministers of the Gospel as you may desire for your spiritual aid and comfort.
It only remains for me to pronounce the judgment the law has provided for your crime. It is: That you be taken hence to the jail of the county and that you be safely kept. That on Friday, the 12th day of March, in the year 1869, you be taken to the yard of the jail of the county to be prepared by the Sheriff as a place of execution, per statute, and between the hours of nine o’clock in the morning, and two o’clock in the afternoon of that day, that the neck hangs you till you are dead. May God have mercy on you!
IR Mar. 18, 1869 – SINGULAR CURE FOR FITS.
We saw an old gentleman in town last Friday who came down to attend the execution of Price. It was not his special desire to witness the hanging, but he was after a piece of the rope that was to be done. He wanted the rope to tie around his child’s neck, which was subject to fits. He declared that the child had long worn a similar rope about its neck and, during that time, had been wholly free from fits, but as soon as the rope was worn out, the attacks returned. He wanted to continue the remedy by procuring a fresh supply of rope.
IR Apr. 1, 1869 – THE EXECUTION OF ANDREW PRICE.
This terrible event will certainly transpire tomorrow. There seems to be no other fate for Andrew Price than that he shall end his life on the scaffold. The following communication from the Governor settles the matter:
Columbus, March 25, 1869, W. T. Elswick, Sheriff Lawrence Co.:
Sir. – I have read carefully the several petitions and communications filed in this office asking commutation of the sentence of Andrew Price to imprisonment for life; also, certain remonstrances against such commutation, and the record of the evidence and proceedings against him; upon consideration of all which I do not find sufficient reasons to justify my interference with the judgment of the Court. I am therefore obliged to let the law take its course.
Very Respectfully, R. B. Hayes, Governor of Ohio.
We have before spoken of the arrangements which the Sheriff has made. We need only to reiterate the absolute impossibility of any persons, except those contemplated by the law, witnessing any part of the execution. No others will be allowed to approach the scene of execution.
IJ Apr. 7, 1869 – CAPITAL PUNISHMENT IN LAWRENCE CO. – ANDREW PRICE HUNG – HIS LAST HOURS AND WORDS.
On Friday, last at 5 minutes before 11 o’clock, in the forenoon, Andrew Price was sent to his long home in obedience to our state’s laws. It will be remembered that Price and one Andrew Spears murdered an inoffensive German named Louis Hilgenberg, in his little shop, about 6 miles out on the Marion road, on the night of the 16th of October last. Also, Spears and Price were both arrested, the former in this county and the latter in Logan county, W. Va.
At the preliminary trial held before the Magistrate, Price made a confession acknowledging the killing of Hilgenberg, giving all the circumstances in detail, and implicating Spears to such a degree that both were remanded to jail without bail. The confession was published together with the circumstances of the arrest in the Journal at that time. Andrew Price was the first tried by our Court of Common Pleas. He had counsel to work up his case in the most favorably.
The charge of the Judge (Crain) was concise, plain, and had a strict explanation of the law. The jury brought in a verdict of murder in the first degree, whereupon Price was sentenced to be hung on Friday, the 12th day of March last. Before the day set for his execution, a movement was made to influence the Governor to exercise his commuting power.
Petitions were circulated and obtained many signatures asking that the sentence be commuted to imprisonment for life. Many signed these petitions on the grounds of inhumanity, others because they were opposed to capital punishment, while many more believing Andrew Spears equally guilty were in favor of making their punishment equal.
Spears was tried in February by a different jury, who, after disagreeing all night, brought in a verdict of Murder in the second degree only. Gov. Hayes, after examining the action regarding Spears, extended the time for the execution of Price until the second day of April to allow the people and Price’s friends to show mitigating circumstances sufficient to warrant his further interference. Not being satisfied on this point, he wrote, a few days before the time, instructions to Sheriff Ellswick to say to Price that “the law must take its course.”
After the sentence and until the execution, Price was favored with spiritual advice. Rev. J. M. Thomas was with him a great deal and learned his history. He seemed to feel that Spears had influenced him and to have a continual regret that Spears was not to share his fate. For several weeks he seemed to take a deep interest in the religious services held in the jail for his benefit, at times becoming very devout.
On the morning of the execution, he was up early, was smooth-shaved, and had his hair neatly combed. When asked how he felt, he said he felt pretty well but had a restless night. Soon after breakfast, he was visited by Rev. J. M. Thomas and Rev. J. H. Creighton, J. H. Young and J. W. Dillon, and Drs. Moxley, Arnold, and Morris, several of the county officers, two or three members of the press, and one or two assistants of the Sheriff, when religious services were held in which he manifested much interest and, at times, considerable emotion. The scene was touching in the extreme.
Price was a large, broad-shouldered young man, 6 feet 1 1/2 inches high, in the prime of life, but 28 years of age, making his last preparation to pass so soon into eternity. After the services, all bid him goodbye, and at about half-past 10 o’clock, Sheriff Ellswick and his deputy proceeded to bind him.
They then led him out the side door and down to the back end of the jail lot, where a square pen had been erected, inside of which was THE GALLOWS. The small party of witnesses had already gone into the enclosure, and the prisoner was led after them and then upon the scaffold, which was a big drop with scarcely any platform. Down in front of the scaffold was the group of spectators.
It was a gloomy-looking place, with a cold, damp atmosphere and a misty rain falling. He submitted very quietly to the necessary preparations in binding the legs and adjusting the rope around his neck. When asked if he had anything to say, he pointed to the Rev. Mr. J. M. Thomas, standing on the top steps, who produced some manuscript, and from it, read what Price wished should be known as his dying words. While he read, Price fixed his eyes on a black coffin on the ground, in front of him, on which was his hat and a screwdriver.
STATEMENT OF ANDREW PRICE
Sheriff and Friends: In a few moments, my soul shall appear before God, who gave it, to render an account for the deeds done in the body. I have a few statements to make for the benefit of the living. I die under the penalty of just law, after a fair and impartial trial, for the highest crime that a human being can commit, and in the 28th year of my age.
In my sober hours, I have had many serious impressions, especially after the Fourth of July, 1866, when I had many fearful encounters with men. – I determined to abandon my course, which I carried out until the Sunday night previous to the murder of Hilgenberg.
Two years ago, I joined the Baptist church and felt fully resolved to maintain a consistent Christian course; but after I fell in company with Andy Spears, my resolutions vanished. I became as wicked as ever. A few days and nights spent in revelry, drunkenness, and debauch, prepared me for the dreadful crime I am about to suffer.
I had no acquaintance with Louis Hilgenberg – knew nothing about his money – had no enemy against his person – and would have never touched one hair of his head if I had not been led into it by Andrew and Sylvester Spears. They, themselves, would have killed him on a Sunday night referred to if I had not persuaded them to get out of it.
My confession at the Mayor’s office is true. I used the hatchet, and he- Andrew Spears – used the knife. I acknowledge my punishment. I took the life of an innocent man without provocation and without warning.
After the murder and near the residence of James Deering, I said: “that I would not be caught in such a scrape again.” Andrew Spears, laughing, said “that he cared no more of killing a man than knocking in the head of a kraut barrel.” Hilgenberg was the first I ever killed. It has been rumored that I killed many. Not so. Hilgenberg was the only one, and I feel unworthy of living because I killed him.
During my confinement in this jail, I have earnestly sought the Lord to pardon my sins, and if I understand myself, I feel that he has received me. I have peace with God and all men. I forgive all who may have done anything against me. The judge, the jury, the counsel, the sheriff, the jailer, and the marshal who arrested me all treated me fairly.
I thank all for their kindness in visiting me imprisoned, petitioning for my life, and addressing a throne of grace on my behalf. The gospel ministers greatly assisted me with their instructions, advice, and prayer.
Before I close, I wish to lift up my voice to warn young men of their dangers. Drinking saloons and dens of infamy are multiplying in our land, and thousands are being ruined yearly. O young, beware! beware! Whisky and bad company were the means of my ruin. If you turn a deaf ear to the pulpit, will you not hear the gallows?
To my aged, and afflicted mother, my brothers and sisters, my wife and child, and all my friends everywhere, I bid a long farewell. Lord Jesus, receive my spirit.
ANDREW PRICE
Friday, April 2d, 1869. Prayer was said, and then Price was asked if he had anything more to say. He replied:
“Nothing, but let all men take warning by me. I would never have been here if it had not been for liquor and the Spears family.”
“Did old man Spears have anything to do with the murder? asked officer Morgan from below. The prisoner shook his head and said, “No.”
“Did you ever kill anyone else? said, Mr. Thomas.
“Nobody, except when I was in the army, and I did not think anything of that, you see. If I ever did, it was in my sleep.”
“Have you nothing else to say? come, you can say anything you wish. Is there nothing in your heart that you have kept back?”
The man shook his head and remained silent. The Sheriff alone stood on the drop with the prisoner and encouraged him to say anything he had to say. Still, the latter indicated that there was nothing more, whereupon the Sheriff turned him with his back to the people, carefully fitted the knot close to his left ear, put on the cap, and brought the black glazed cloth down over his face. While this was being done, the ministers and a few others joined in singing:
“Oh! happy day, that fixed my choice.” at Price’s trembling request, amid the low moans that issued from under the mask. If the prisoner retained his sense of hearing, the hymn was in his ears when, at five minutes of 11 o’clock, the Sheriff pulled the lever, and he dropped forty-one inches with a broken neck. Visible muscular action lasted about fifteen minutes, but it was not violent, and it was nearly half an hour ere the heart ceased to flutter, and he was cut down.
He leaves an aged mother who visited him a few days before his death and to whom he exhibited great regard and affection, sisters and brothers and wife living, and an infant child born since his capture.
The Sheriff had never seen anyone hung and deserves great credit for his success in preparing the machinery for the execution and the satisfactory manner in which the whole thing was conducted.
There was no excitement in our city, and but few ventured in the direction of the jail. The Sheriff had taken precautions to station guards around the jail-yard square so that no one could get near enough to hear anything.
There being no friends of this unfortunate man to take charge of the body, the Sheriff and Clerk took charge of it and buried it on Saturday morning at the public expense.
Thus we close the account of the first hanging in Lawrence county. The law has been enforced.
IR Apr. 8, 1869 – DEATH ON THE GALLOWS. ANDREW PRICE AND HIS FEARFUL DOOM. SCENES AT THE EXECUTION. WHAT HE SAID AND HOW HE ACTED.
The terrible retribution hanging over Andrew Price for nearly four months fell upon him in this city last Friday. The day was dismal and gloomy as if Nature had felt the horror of the scene to be enacted and shared with the community. It’s a deep pity for the unfortunate mortal whose soul was so soon to be hurled from the gibbet of Eternity.
IN THE JAIL
It had been arranged by Rev. J. M. Thomas, whose efforts to console and prepare the condemned for his fearful doom had been untiring, to have a prayer meeting in the jail at half-past nine o’clock. Promptly at the hour, they who were to be admitted to witness the execution entered the main hall of the prison.
These were: Rev. J. H. Young and J. W. Dillon, attending clergymen; Dr. S. Morris, Moxley, and Arnold. Treasurer Snyder, Clerk Campbell, Auditor Thomas, Recorder Donohoe, Coroner Davis, Thomas Gore, John Lewis, W. E. R. Kemp, W. P. Harris, and the reporters for the Cincinnati Commercial, Gazette, and Ironton Register.
Rev. J. M. Thomas was already in the prisoner’s cell, praying and offering religious consolation. The iron door was opened, and Andrew Price entered the main hall. He was dressed in a black sack coat and trousers, gray vest, and new cloth gaiters.
A slight pale-ness was perceptible on his countenance, but he did not realize the awful ordeal that he must soon pass fully. Recognizing several persons, he shook hands cordially and made remarks concerning the weather. To the question, How do you feel? he almost invariably answered: “As well as could be expected.”
THE PRAYER MEETING
Rev. Mr. Young led the religious exercises, taking his place at the end of the hall. Price sat at Mr. Young’s right and entered fervently into the services, following in low tones the hymns that were sung and struggling with deep anguish during the prayers. “There is a fountain filled with Blood” was the first hymn, after which Mr. Young prayed and then read a portion of the 15th chapter of St. Luke, wherein he is given the history of the Prodigal Son.
During the reading of the Scripture, Price sat apparently in deep meditation, his face partially covered with his handkerchief and leaning forward with his head resting on his arm. “Alas and did my Savior bleed, &c,” was sung. At the close of the hymn, Rev. J. W. Dillon offered a most beautiful, affecting, and appropriate prayer, beseeching the Throne of Grace to “accept of Brother Price – accept his faith – make his path clear that he may feel he is going to a better home.”
At the close of the prayer, Price observed that Mr. Lewis, who led the singing, was not provided with a chair and told him to “open my cell door and bring a chair out – there was one there.” When this was done, Rev. Mr. Young made some remarks on the chapter he had read, setting forth in plain and simple terms the doctrine of repentance and forgiveness, and applying it with consolatory words, to the trying circumstances of the occasion. J. W. Henthorne, Esq., was then called upon and led in prayer, and afterward, that beautiful hymn, “The Rock of Ages,” was heartily sung.
PRICE SPEAKS
Rev. Mr. Young then asked Andrew Price if he would not say something. Mr. Price arose and, after some hesitation, said: “I can’t say much. I am prepared to meet my God – let it come when it will. It will make a great change in this world. I think my home is in Heaven this morning. I hope to meet you all there where parting will be no more, and -” here, the convicted man was overpowered with emotion and sank weeping to the chair.
Mr. W. A. Campbell was then called upon to pray, which he did with much feeling. Another hymn that commences, “Shrinking from the cold hand of Death,” was then sung, during which Price stood calm, erect, and with arms folded.
The religious exercises continued for an hour and were brought to a close, and those present were allowed to bid the doomed man “farewell.” Price stood in one corner of the room and received them one by one. It was a very sad occasion. – There is a peculiarly melancholy about the scene that no one can know unless he experiences such a situation.
The farewells were hasty and in low, tremulous tones. Everyone endeavored to drop a kind word to comfort him, all of which he listened to intently but with a sad, serious face. He stood up all the time and showed none of that weakness one would suppose might result from the dark thoughts that must have rolled through his mind.
Soon Sheriff Elswick appeared and requested those in attendance to repair the enclosure in the rear of the jail, where the gibbet was erected. While they were going out, Price sat down in a chair by our side, and asked, “How have you been?” After replying, we questioned how he felt when he answered: “Why I don’t fear it a particle – not a particle.”
He said this with such assurance and firmness that we could scarcely believe that his mind retained if it ever had possessed the strength to grasp the reality of the situation in all its dark proportions, and yet, there was about him the air of one who had become perfectly resigned. “It’s getting very chilly,” says he, “let’s go over to the stove.”
While warming his hands at the fire, he said, “Well, I am ready when they are.” Hearing the iron door slam, he looked around and saw Marshal Morgan, who captured him, enter, and calling the Marshal over, asked him how he was, at the same time evincing for his captor the most kindly sentiments.
THE PREPARATIONS
Sheriff Elswick then came in, bearing straps to bind Price. The latter was called to his cell, and the Sheriff commenced his work business-likely. The arrangement for binding the prisoner consisted of a strap for encircling the body, and a couple of small straps attached to the main band in front, to pinion the hands. The rigging was made of leather and was provided with buckles so it could be tightened as required. This apparatus was of the Sheriff’s own devising and answered the purpose most admirably.
Price stood erect while being bound and aided by suggestions and otherwise to adjust the straps. For the moment, he seemed to forget the dreadful plunge he was about to take and appeared only anxious about the perfect adjustment of the straps. – His arms were tied in front and crossed at the wrists.
While the Sheriff was bucking the strap, Price said: “you are drawing a fellow up tight – it hurts some.” Only observations of this nature did the doomed man make during these sad preliminaries. The prisoner was now ready for the gallows.
The Sheriff took up the black cap from a bench in the cell, and the remaining strap with which to bind Price’s legs and, bidding the prisoner to come, walked out of the cell, through the main hall, and into the open air at the outside door. Walking close to the prisoner, we discovered no shrinking from the awful fate – no fainting in so short a journey to an ignominious death.
When in the open yard, we looked around to see if there was any exhibition of curiosity on the part of the people, but nowhere, on no eminence, could we observe a single individual? The precautions of a thorough guard had kept persons away from the vicinity of the jail, and the high fence enclosing the gallows cut off all view from any elevated point.
SCENE AT THE GALLOWS
In the enclosure were the persons whose names we have given above. Price passed through the entrance and looked dismally at the gallows and then around at those present but kept close by the side of the Sheriff and followed him with a firm step up the steps to the platform of the gallows. The rope was terminating in a well-prepared noose from the center of the beam spanning the trapdoor.
The other end of the cord was drawn through a hole in the beam and secured to the post at the lower end of the brace. Price walked with the Sheriff to the center of the trap door, and the latter slipped the noose around his neck, and as the Sheriff drew it up a little, Price remarked that he was getting it too tight – that he couldn’t speak.
The noose was loosened, and the Sheriff took his position at Price’s right and told him to say what he desired. The convicted man turned to Rev. J. M. Thomas, who stood at Price’s left and indicated a desire for him to go on. The Reverend gentleman then took out a paper and, unfolding it, said: “At Brother Price’s request, I read:
ANDREW PRICE’S REMARKS
Sheriff and Friends. – In a few moments, my soul will appear before the God who gave it to render an account for deeds done in the body. I have a few statements to make for the benefit of the living. I am about to die under the penalty of a just law – after a fair and impartial trial – for the highest crime a human being can commit, and in the twenty-eighth year of my age. – Whisky and bad company have been the means of bringing me to this.
In my sober hours, I have had very strong impressions, especially after the Fourth of July 1866, when I had several fearful encounters with men.
I determined to abandon my cups and companions, which I did until I fell in with Andrew Spears two weeks before the murder of Hilgenberg. Two years ago, I joined the Baptist Church and was fully resolved to be a Christian. But, alas! I have led astray! After the Sunday night before the murder, I became as wicked as ever, preparing me for the great crime I was about to suffer.
I had no acquaintance with Hilgenburg before the above Sunday night – no enmity against him. I knew nothing about his money until Sylvester and Andrew Spears told me that they would have killed him the night above if it had not been for me.
My confession at the Mayor’s office is true. I used the hatchet, and Andy Spears the knife. After the murder, my convictions returned, and near James Deering’s place, I told my accomplice that I would never do such a thing again. He laughed, “that he did not care anymore of killing a man than knocking the head out of a crout barrel.”
Since my incarceration, I have spent much of my time praying and communing with God, especially during the last three weeks. My heart has been filled with sorrow for having killed a man so innocent and suspicious and who had never done anything against me. But I am glad to tell you that God has been very merciful to me.
If I know myself, I believe that he has received me for the sake of his dear Son. I love God and every man. – I have no grudge against any soul. – The Judge, the Jury, the counsel, the Sheriff, the Jailor, and the Marshal, who arrested me, have treated me justly. I thank the people who petitioned for my life – the ministers of the gospel and Christian friends who visited me in prison.
With my last breath, I want to exhort young men to beware of strong drinks and bad company. Drinking saloons and places of infamy are multiplying in the land. O, young men, will you not hear the gallows if the pulpit has failed to reach you?
I bid a long farewell to my aged and afflicted mother, my brothers and sisters – my wife and child, and all my friends everywhere. Lord Jesus, receive my spirit.
During the reading, Price seldom raised his eyes from the black coffin lying on the ground in front of him. His features now began to assume an expression of the deepest despair and wretchedness and to grow rigid under the agony of terrible thoughts. After the reading, the Sheriff told him to go on and say what else he wanted. After much effort, he spoke again as follows:
“I don’t know whether I can say anything. Take warning of me, for God’s sake – Heis the only one that can save. I never killed anyone else. Spears family brought me to this – may God forgive them – I never can.”
At this point, he grew silent and seemed to struggle under the horrid burden. Marshal Morgan broke the silence by asking if old man Spears had anything to do with the murder. Price replied that he had not. Sheriff Elswick stood close by his side and encouraged him to say all he desired, but the prisoner remained silent.
Rev. J. M. Thomas proceeded then with the religious offices and read the 51st Psalm, beginning – “Have mercy upon me, O God, according to thy loving-kindness.” After the psalm was read, the minister prayed, standing partly on the steps and partly on the stationary platform of the scaffold. When Mr. Thomas had concluded his prayer, he walked out on the trap door, took hold of Price’s pinioned hands, offered him such words of comfort as the sad hour would permit, and commended his soul to God.
Price asked the Sheriff to let Mr. Thomas sing as the minister was leaving the scaffold. “What shall I sing, Andy?” asked the minister. Price thought a moment and then said, “You know.” – The minister, remembering that “Oh happy day that fixed my choice &c.” was a favorite hymn with the convict, began singing it.
As Price caught the tune, he remarked, “Yes, that is it.” A cold heavy mist began falling, and to the horrid scene, lent an additional gloom.
THE FATAL MOMENT
The hymn soon died away on the damp, chilly air, and with it, almost the soul-endurance of those looking up to that poor creature, just toppling over the verge of a hideous death, for the fatal moment was nigh. The Sheriff, who stood by Price’s side, turned his back to the lookers-on, buckled the straps to his knees, and filled the black cap on his head.
The noose was tightened and adjusted to make the fall instantaneously fatal when the physicians present saw the need for professional advice, and Dr. Moxley mounted the scaffold and turned the knot of the noose to the left side of the neck.
He then descended the steps. Now slipping over to Price’s right side, the Sheriff took his hand and bid him “goodbye.” It was a solemn moment to Captain Elswick, but he had the nerve to deprive every motion of the slightest tinge of excitement.
Turning to the steps, he walked down the most natural and, putting his hand on the lever that upheld the trap door, gave it a sturdy pull, and Andrew Price, without a shriek or a groan, dropped into Eternity. There was no struggling – a deep heaving of the breast, a slight contraction of the limbs, and the blood stopped in the veins.
THE NEXT HALF HOUR
It was five minutes after eleven when he fell. No sign of muscular contraction was discernible five minutes later. Thirteen minutes after, the beating of the heart was hardly perceptible. The attending physicians were now on the stationary platform and, pulling the body toward them, were applying their instruments to the breast of the hanging man to see whether any heart movement could be detected.
Twenty minutes after he fell, the physicians pronounced him dead, and he came down from the scaffold. In thirty minutes, the Sheriff ordered the body to be taken down. An examination showed that the neck had been broken. The body was then placed in the coffin, the straps and ropes disengaged from it, and the cover put on and screwed down. The coffin containing the body was removed from the jail and placed in the cell where Andrew Price had stood in perfect and robust health an hour before.
THE DEAD MURDERER
We say the dead murderer, for there is a living one equally associated in the killing of Louis Hilgenburg (What a perversion of Justice!), was born in Jackson county, this State, in August 1840. His father died when he was young. He was thrown on his own resources, unable to read his mother tongue, and without a friend to care for him.
Evil influences everywhere thronged his path, and he grew up a wicked and dangerous man. – Whether the crime for which he was hung was the only actual murder he ever committed is hard to tell. In his latest moments, he disclaimed ever committing another murder. To his religious adviser, he admitted that he killed but three men in his life during the war, and under justifiable circumstances.
On this point, we append a letter from one of the prisoners now in jail detailing a conversation with Price. We received the letter the day after the execution. Without passing upon the truth or falsity of it, we give it space, with all its imperfections:
CONCLUDING REMARKS
This is the first case of capital punishment ever happening in this county. They will probably occur oftener now, but we hope not. Whether this sad penalty will diminish crime or murder, the future will only determine.
We can not conclude this report without particularly noticing our Sheriff, Capt. Elswick. There was not a flaw in his arrangements. Taking hold of the sad duty in a business-like manner, he conducted it to its termination with a smoothness and completeness that took off many of the horrid aspects. The disposition of the guards was perfect. The scaffold could not be improved on. The work was complete in his hands.
I am unsure where the following story came from, the date, or any other facts. It was included in the story sent to me by the typist – The Lawrence Register.
Editor of the Register
I will inform you of a fact concerning Mr. Price. When in jail, he informed me some time ago of falling out with a man back in this state, and while this man was digging ore, he said that he got over the top of the ore bank for revenge. As this man was coming out, he dropped a large stone down on the man’s head and killed him instantly, and it was never found out how this man got killed. They all supposed the stone had rolled down on him and knew this was the first time he had told any person of this fact. He also spoke of killing another man. This man was plowing his corn in West Va. He told me he shot him dead in the field and said this man did not know he was near him until he shot him.
Mr. Price told me of another murder he committed and very often made remarks about it to me and said he hated it more than anything he had ever done in his life, that is of killing a boy about 17 years old in the state of West Va. He came to this young man’s house and then took a piece from the house and shot him, but did not kill him with the shot.
He said the boy gave a loud scream, and he jumped on his breast to keep him from struggling and then picked up a club that lay close by and hit him on the head two strokes with the club, and then the boy expired. He said he could see him for a long time after that and always, since it happened, was very sorry he had done it.
I could give you a better history of this story, but you probably already have it, or some of you. If you would come up, we could get it in a better shape than I have, for I have not taken many pains of writing it. Sir, Mr. Price furthermore stated to me of having four living wives. One in the state of West Va, which is his last wife, one in the state of Michigan, and another in Canada.
And one in Ohio that he was duly married to by the law and without divorce from anyone. He spoke of different jails he had been in and broke out almost everyone. He made his escape out of one in Michigan. He knows all about the State prisons. He has told me different times about how they were fixed and could tell me the number of many cells in them. He also told me about the last murder he committed. You already know that, so I will not say anything about it. These are facts of his own making. I will close the presentation.
Yours truly,
ISAAC BALLARD, the Writer,
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