Murder of Peter Maddux

From The Galvaston Daily News, August 8, 1879

HAINLINE HANGED.

ANOTHER EXECUTION IN SAN ANTONIO.

HISTORY OF THE CRIME AND THE CRIMINAL

Incidents of the Execution – Maintained his innocence

??? Statement of the Killing.

Jake Hainline’s Crime.

(Special Telegram to the News)

San Antonio, August 8, 1879.

On February 2?, 1878, a couple of boys, fishing in the San Antonio river, near the lower iron bridge, not far from the United States arsenal, discovered an object floating in the river, which, upon closer investigation turned out to be the dead body of a man of about fifty years of age, who had evidently been ??u?y dealt with. The forehead and right temple had been crushed as with an ax or club. The usual Inquest was held, Justice Cotton presiding but it failed to elicit anything roll???? as to the identity of the deceased, and furnished no clue as to that of his murderer. The remains were buried in the graveyard at the poor-house, and it was that the mystery would never be cleared up. There happened, however, to be in town, about that time, a man by the name of William Patterson, an old citizen of western Texas, who heard of the murder. He made inquiry and soon found reason to fear that the murdered man was an old friend of his by the name of Peter Maddox. He had seen Maddox only a few days before, on the Port Concho road, coming in the direction of San Antonio, accompanied by another man, with whom he, Patterson, was not acquainted. They were in Maddox’s wagon, and were bringing to San Antonio a quantity of buffalo meat and a few hides to sell, Maddox being a buffalo hunter, who had been plying his vocation near Concho. When Patterson met Maddox the latter took him to one side and requested him to remain with him, as he had good reason to fear his companion was trying to take his life. Patterson thought the old man was probably more timid than there was any real occasion for, and did not remain with them. Therefore, when subsequently Patterson heard of a man answering the description of Maddox being killed, he told what he knew to city marshal Dobbin, who displayed a great deal of energy in ferreting out the murderer. Patterson also told Dobbin that the men he had seen in the wagon with Maddox were still in town, and was encamped in a wagon yard on the south side of the Military plaza. Jake Hainline, the companion of Maddox, was discovered selling buffalo meat from the wagon of Maddox on the public plaza. He was arrested and identified. In the wagon was an ax with bloody stains was found. It was decided by justice Cotton to take the accused to the grave of Maddox, and bring him, as well as the witnesses, faces to face with the dead.

A TRAGIC SCENE

The coffin was disinterred, the lid removed, and the ???????, the lid removed, and the ?????? head, like that of Ban???, was raised to terrify his murderer. The features were as natural and as readily identified as when the body was first buried. The witness Patterson was very much moved, denouncing Hainline as the murderer of his friend and of a good man. Hainline showed not the slightest trace of emotion, remarking carelessly that he had never seen the man before. “But Patterson, there, saw you in the wagon with this man,” remarked a bystander, at which Hainline showed some slight traces of confusion, and admitted that he thought the remains, might be those of old Peter Maddox. Patterson reiterated the charge of murder against the accused, who, however, professed his ignorance of how the deceased came to his death. The identification of the remains was complete, and Hainline was committed to jail, and the body of Maddox was again consigned to the grave. It was, however, again disinterred the day following, and the wounds were carefully examined by Drs. Hurff, Cupples and Graves. The examination was made at the request of the county attorney, the object being to determine if the skull had been crushed by blows from an ax. The examination showed that the back of the ax had been used. It was evident that the deceased had been murdered while lying down asleep, the impression of the back of the ax being plain on the top of the head. The body was then buried for the third time and has not been disturbed since.

THE MURDERED MAN

Is suppose to have been a D???. Both he and his murderer were strangers in this part of the country. Among the effects of Maddox were found papers that showed he had friends in Iowa, Arizona and Colorado; also that he landed interests in northwestern Texas, and was interested in an irrigating ditch. It is pretty certain that Maddox had employed Hainline in the buffalo killing business. Thus far there had been no evidence to show when the killing actually took place. The body of Maddox was found in the river on Tuesday. The probabilities are that the killing was done outside of the city. The body concealed in the wagon, which was driven just about right ??? point near where it was thrown into the river early Monday evening the murderer trusting to the current to carry it away. At any rate, Hainline, with Maddox’s outfit, drove up to Stumburg camp yard Monday night, and then there was neither Maddox nor anybody else with him.

The Trial of Hainline.

The case of Hainline came up for trial in the district court of Bexar county, judge Norman presiding, on December 12, 1878. He was represented by Messrs. Mason & Basel??. Two young but talented lawyers while the state was represented by Messrs. Fred. Cooke and M.G. Anderson, the former being the county attorney.

THE TESTIMONY

Corroborated in almost every particular the account of the crime given above. Herman Potsebuisky, the boy who first discovered the remains at the river, near Guonther’s mill, below the bridge, said: I happened to look down the bank and saw something that looked like a log; three a stone at it, and when it turned and raised I saw the ear and the brains.

The testimony of Walter Cox, who saw the accused near the place where the body of Maddox was found, was very important. He testified: I saw the defendant on Monday (the day before the body was found) between sundown and dark. I passed him twice. He was a quarter of a mile from the iron bridge. He had a yoke of poor oxen and an old rickety wagon with buffalo meat and hides on top. He asked me if he would be allowed to make a fire there. I said I didn’t see any objection. He said he had buffalo meat to sell at eight cents. And gave me a small piece as a sample to take home. I returned next morning early, about sunrise, and didn’t see the camp when I passed by the place where had had camped. [NOTE – The same evening, n little hour, he drove into Stanberg campyard. When Cox saw him he had evidently just thrown the body into the river.] I saw him next in jail. I picked him out of ten or fifteen persons

The testimony of marshal Dobbin was as follows: I know Hainline. I arrested the defendant. On February 28 I came to Deutsch’s corner, and found a man called Patterson. He came up with Moye, and Moye pointed him out to me. I told Patterson I believed I could show him the man he was looking for at the poorhouse. I went with Patterson to Cotton’s office, got the warrant and went through the town looking for the prisoner. I went to Stanberg’s yard, and just as I got there, defendant came up with the wagon on Nue??? Street. I went up on the street and arrested him right there. Then I took defendant, with three witnesses, Patterson, McChosney and Compton, and the body exhumed. The face had changed very little. Placed the prisoner at the foot of the coffin. He showed scarcely any emotion whatever, until the body was raised up into a sitting position. There was a large gaping wound on the head, and nearly all the front teeth were out. The defendant, when I arrested him, had a wagon a yoke of oxen in his possession. I examined the ax. There was some moisture on it of a dark color. It was a small ax. I don’t know that the moisture was blood.

THE ATTORNEYS FOR ACCUSED

Did what they could, and were particularly able and eloquent in their speeches The case was given to the jury, who, utter a brief delay, brought in a verdict of murder in the first degree. During the entire trial the prisoner did not show the slightest emotion.

THE OTHER SIDE.

This morning I had an interview with Jno. R. Mason, Esq., one of the counsel of the doomed man and who had been indefatigable in his effort to make the best show possible for his client. The facts and statements contained herin are, for the most part, derived from the conversation I had with Mr. Mason. Besides the light they throw on the case, which in this instance merely serves to heighten the mystery, they are instructive, as they go to show that, not matter how complete a case may be made out against a man there is still another and indeed quite plausible side of the story.

THE PRISONER.

Jake Hainline is about thirty years of age. He was born in the town of Blandonsville, Illinois, where his parents still reside. He had been in Texas about six years, the early portion of which he spent in Atascosa county, where he married into a respectable family. His wife died from exposure in making the trip to San Antonio, to visit him in jail; during inclement weather, and from a broken heart. Their only child survives.

In 1877 Hainline left Atascosa county for fort Concho, where he became acquainted with Peter Maddox, and the two engaged in buffalo hunting, Maddox furnishing the team and wagon and Hainline the provisions and probably killing the game. They left Concho together, upward of 250 miles distant from San Antonio. They came up with Patterson, McChesney and Compton at L??n spring about ten miles from town, and ???? previously on the road. Maddox and Hainline traveled a new road most of the distance being through an uninhabited, desert country where for sixty miles at a stretch not a single house is visible. If Hainline intended to murder Maddox he had abundant opportunity to do so every day with almost perfect security. If anybody were to ask what had become of his companion he cold say he got lost, and the chances of anybody being the wiser about it were very remote. Instead of availing himself of these opportunities, he waits until e gets into a large town where detection is almost inevitable. This argument was one of the strong points in the defense, if any such there were. The last time

MADDOX WAS SEEN ALIVE

Was by Van Wurd about a mile from town. This was on Sunday afternoon. Maddox inquired for the ???? of Patterson and his crowd, who had also arrived at San Antonio, and were ???????? in the vicinity. As Maddox was never seen after this alive, if Hainline killed him he must have done it that night (Sunday night.) All day Monday Hainline was driving the wagon about town selling the dried buffalo meat. Monday night, about dark, he drove to the river, according to the testimony of Cox, near the place where the body was found, and which was the only opportunity he could have had to have thrown it into the river. If Hainline is guilty, the conclusion is inevitable that he murdered Maddox Sunday night, put the body in the wagon, covered it up with dried buffalo meat, and that while the people were buying meat all day Monday that ghastly corpse was hidden away in the wagon under the dried meat. Toward the night he drove to the river, threw in the body, went to Staumburg’s camp yard and next morning resumed selling the meat on the streets, when he was arrested. This is certainly a very extraordinary thing for anybody to do.

Your correspondent does not attempt to reconcile contradictory statements, but merely gives some of the reasons Mr. Mason has for refusing to believe his client guilty.

PROTESTS HIS INNOCENCE

Hainline has always protested his innocence, and still does so. He also expresses his opinion that Patterson was the real murderer that Maddox went to look for Paterson’s camp, and he never saw him afterwards. Patterson was the principal witness on the trial of the prisoner, and it was on his testimony that Hainline was convicted. When on the witness stand Hainline counsel undertook to cross-examine Patterson, he grew very violent, and had to be removed by the deputy sheriff. The other two of the party, Compton and McChesney, have never been seen since the coroner’s inquest was held. All the parties to this tragedy were strangers in San Antonio.

HAINLINE’S PERSONAL APPEARANCE

The prisoner was rather below middle stature, neither stout nor spare, with a dark, oval, flat face, which was not expressive of anything in particular. He looked younger than he really was, and was naturally reticent. While there was nothing about him that was calculated tin inspire confidence, he did not have the bearing of a hardened criminal. His early education had been somewhat neglected. Mr. Mason assures me that all the reports his grieving himself away with remorse and his being prostrated were purely sensational He was pale, it is true; but that was owing to his long confinement. During his imprisonment he had very little to say, and requested to be kept in as quiet company as possible.

APPEAL – PETITIONS.

Hainline’s case was appealed to the appellate court, but the verdict was not disturbed. Two petitions have been laid before the pardon or commutation. One of these, containing 250 signatures, was from San Antonio, some of them, however, those of leading and prominent citizens. Two of the jury that convicted the accused have signed the petition to pardon, and one of the prosecuting attorneys has signed the petition for a conditional pardon.

HAINLINE’S STATEMENT

The following statement was made by Hainline, and appeared in the Evening Herald of Thursday, August 7, the day previous to the time fixed for his execution:

Bexar County Jail, San Antonio, August 6, 1879. – In order that the public may be enlighten in regard to the real facts connected with the crime for which I am about to suffer death, and that no injustice may done my memory, I have resolved to make a plain statement of all circumstances and relate all of my connection with the deceased and our travels, not that I believe that it may be of any benefit to me, but that in some future case, where an unfortunate but falsely-accused person may, like myself, be the victim of circumstantial evidence, it shall cause the courts and jurors to hesitate before condemning him to death. During the first part of the month of October, 1877, I bought wagon and two yoke of oxen from Peter Maddox, for the purpose of hauling a load of corn to fort Concho and returning with a load of pecans. And Mr. Maddox accompanied me to Concho, expecting to meet a train going to Arizona, but he found none, and I discovered that the pecan crop had been a failure; so we concluded to go out to the buffalo range, hunt buffalo and cure the meat. Before leaving Concho, however we made the reaquaintance of Geo. Reed, Ed. Compton and Wm. Patterson, who had concluded to trap and kill wolves. We all left Concho together and took the McKenzie trail in the direction of the panhandle, over which we traveled as far as the Colorado river, where Reed, Compton and Patterson stopped, and we went on. We traveled north about sixty miles and reached the Brazos, where we camped and remained there until the 7^th of December, by which time we had killed as much meat as we could convenitly haul; when we started back by the same route. We next camped ten miles this side of the Colorado river. Mr. Maddox concluded to take a bear hunt; when he had gone about half a mile east of our camp he found the body of a dead man. He returned immediately and informed me of his discovery. We went out to where the body was lying and recognized it as being that of Reed. Before examining it closely we saw that the head had been beaten in by some blunt instrument, but there were no other wounds or marks of violence about the body. There was nothing about the person of the corpse except two letters by friends of his in Missouri. From all appearances the body seemed to have been four or five days. After burying the body as best we could we started on our return to Concho. On our arrival at Concho I made inquiries concerning Patterson and Compton, but could learn nothing of their whereabouts. So I informed the proper authorities there of where and how we had found the body of Reed. I wrote to Reeds’s friends in Missouri and apprised them of his death and the circumstances of how we found the body, and described as well as possible the place where we had buried him. We remained at Concho for thirty days, and then started towards San Antonio via the McKavett route. When near McKavett I saw a wagon and yoke of oxen, and I recognized them as those having belonged to Reed. Camped near the wagon and team were a man and woman, inwhose possession they were the man’s name, I learned, was Walker. Afterward ascertained that the woman was Patterson’s wife. I inquired of Walker who was the owner of the wagon and team, and was informed by him that I belonged to Patterson. He also told me they were on their way to Clark, and would go from there to San Antonio. After we found Reed’s wagon and team in possession of Patterson, I cautioned Mr. Maddox to avoid mentioning to Patterson or any of his party the fact of our having found Reed’s body. We camped at the Johnston fork of the Guadalupe river to again air our meat, where we were overtaken by Patterson and his party. From thencewe traveled together to Kerrville. Patterson’s supplies having been exhausted, he borrowed some money from Mr. Maddox, and we furnished them meat enough to last them to San Antonio. We continued to travel together until we got within ten miles of San Antonio, where Mr. Maddox and I stopped to wash and air the meat once more, when Patterson’s party went on informing us that they would camp near Ward’s rancho, three miles above San Antonio, where they would wait until we had overtaken them; the next day we started on, but or team broke down a mile and a half above Ward’s rancho, and we had a camp there for the night; we were out of coffee and Mr Maddox and I walked down to Mr Ward’s store to get some. While we were there Maddox inquired of Mr. Ward where Patterson was camped and was informed that his camp was half a mile below. Mr. Maddox said to me that he would go on to Patterson’s camp and stay that night; while I was at the store I met a freighter, Joe Lang, who went back to our wagon and camped that night. This was on Sunday night, February 24, 1878; the following morning, Monday, I left Lang and proceeded to where Patterson’s party had been camped and found they had gone on toward town, and I came into town but saw nothing of Patterson, Maddox or any of the party having been busy all day until late in the evening disposing of the meat. I met a little boy by the name of Cox who told me where I could get food for my oxen; I was on the east side of the river, and going in the direction of Stemberg’s store, and toward the iron bridge, when I saw Maddox , Campton and Patterson about to cross it from the west side. They were coming toward me, and when they got to where the gaslight on the bridge was shining. I saw Patterson hit Maddox on the head with something that looked like an ax or club. I could not tell which. Patterson and Compton then picked Maddox up and carried him off in the dark. As I got under the gaslight on the bridge Patterson and Compton came up hurried by to where I was and seemed to be very much excited. I asked them what was the matter, and in response they asked if I had not seen what occurred. It told them that I hadn’t, Patterson then remarked to Compton, the d—d pup has seen it all, and I think we had better put him out of the way too. This treat made me feel very uneasy and I promised them I would never divulge anything I had seen if they would let ;me go unharmed; they took what money I had about me, about $40, and let me go with the wagon and meat under the promise I had made them. They had killed the old man just a little after dark Monday night, February 23?. The weather was bitter cold with a ?????? blowing and drizzling rain. Three days afterward I was arrested and accused of having committed the crime myself, and I then should have told on Patterson and Compton, but I did not believe that the law could have punished me, and I feared that Patterson and Compton would have killed me. I was also anxious to return to my wife and child in Atuseso county and did not care to be detained here as a witness against them. This statement is the truth, so help me God. JACOB HAINLINE

INCONSISTENCIES OF THE STATEMENT.

It is really strange how murderers on the brink of the grave persist in uselessly and hopelessly attempts to keep the deception. Brown Bowen, whose crime was proven up beyond the possibility of a doubt, proclaimed his innocence with his diing breath. Cordova, who murdered Trimble did the same, and now Hainline follows their example. In each case the doomed man sought to fix the crime upon innocent parties.

The objections to receiving Hainline’s statement are many and strong ones. Until a few days ago he never accused Patterson. Neither at the grave of the victim, or during the trial, when he might have spoken, nor yet when the judge asked that momentous question before passing sentence, did he open his mouth. Not until Gov. Roberts has closed the door to hope does he accuse Patterson.

In the next place, had it not been for Patterson nobody in San Antonio would have known that the body found in the river was that of Maddox. It was owing to Patterson’s search for the missing Maddox that created the suspicion that the body at the poor-house was that of Maddox. Now, is it likely that the murderer of Maddox would inform the police that he thought he had been killed, and would assist in ferreting out the crime of which he (Patterson) himself had been guilty?

The Execution.

Five minutes after 11 o’clock, Friday morning, August 8, Hainline. Accompanied by sheriff McCall, deputies Stephens, Glenson, Bennett and Sheely, and fathers Johnson and Noraz, took their places on the scaffold.

DEATH WARRANT READ.

Deputy sheriff Stephens read the deathwarrant to Hainline, who was, cool and collected, showing no trace of emotion whatever.

As soon as the warrant was read, fathers Johnson and Neraz shook hands with the condemned man and then withdrew.

NOTHING TO SAY.

When asked if he had anything to say, Hainline stated he had nothing to say and his hands being tied, he took his place on the trap. He told the officers he had no ill feeling against them, as they had treated him well.

THE TRAP SPRUNG.

The black cap was drawn over his face; deputy Bennett sprung the trap and Hainline fell seven feet, the fall dislocating his neck. For a moment no motion was perceptible, then the chest heaved regularly. He was in a convulsed state for one minute only, the neck being completely dislocated. The trap was sprung at four minutes past eleven: the pulse beat thirteen minutes: no motion of the body was perceptible after five minutes.

After hanging eighteen minutes the body was cut down, placed in a coffin, and given to relatives to be taken to Atascosa county for burial.

Drs. Chew, Gaenston, Vanduyn, Fisher, and Graves were present, and, about fifty citizens. Last night Hainline did not sleep well, but ate a hearty breakfast this morning. He was dressed in White pants and black alapaca coat. A crowd of several hundred were outside the jail, but there was no excitement whatever. He quietly protested his impoc??? To the last.

This morning he was baptized into the catholic church by fathers N???? and Johnson. No prayers or religious exercises took place on the scaffold. The execution was admirably managed in all particulars.