The Largest Sheriff In Oregon

The Terror Of All Toughs Killed By Horse Thief

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Episode 358 is dedicated to the Safe House Scoundrel Marlene Resch who required a story from her home town of Eugene, Oregon, and we are happy to oblige. The victim in this story was the law enforcement officer in Episode 336, Murder On The McKenzie Trail, and together they sum up the history of capital punishment in Lane County Oregon, the only two executions there.

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Episode Transcript

Speaker 1 (00:01):
Cal puder calm.

Speaker 2 (00:07):
Elliot Lyons, former deputy sheriff, ex convict, horse thief, and
all around desperado last night shot and fatally wounded William W. Withers,
Sheriff of Lane County, while the latter was attempting to
arrest him. The sheriff was in the discharge of his
duty when he received the fatal wound. With a warrant

(00:29):
for the arrest of Lions for horse stealing, Withers entered
the cabin where the man he was after resided. Lions,
concealed himself, and as far as the officer could see,
there was in the room only the mother and the
wife of the thief. At the first appearance of the sheriff,
the women rushed at him like she wolves and grappled

(00:51):
with him and held his arms pinioned so that he
could not reach for his revolver. Lions then came forth
from his place of concealment, and, drawing a forty four
caliber pistol from his belt, deliberately shot the defenseless officer.
The ball entered the throat and probably lodged in the
spine after ranging downward. Although two guards stood outside the

(01:17):
door at the time, there appears to have been no
obstacle to the escape of the desperado, who calmly walked
out of the front door and made good his escape
for the time being. The fugitive outlaw is well known
throughout this section of the country. He was formerly a
deputy sheriff. He is an ex convict, having served a

(01:40):
sentence in the penitentiary for embezzling school funds. He was
wanted in Douglas County for stealing horses, and it was
to serve the warrant on this charge that Sheriff Withers
went to the lion's cabin. The mother and wife of
the desperado are under arrest and will be taken to
Eugene in held to await the result of the Sheriff's wounds.

(02:04):
It is almost certain that Withers will die, and in
that event, the women will be charged with murder. Sheriff
Withers lies in a little cabin near the scene of
the shooting, while two posses are hunting for his assailant,
upon who's had a reward of five hundred dollars dead

(02:24):
or alive, has been offered. True crime historian presents an

(02:55):
eye for an eye A special edition of Yesterday's News,
exploring the criminal justice system at its most extreme, inflicting
the death penalty. Episode three hundred and fifty eight is
dedicated to the safe house scoundrel Marlene Resh, who required
a story from her hometown in Eugene, Oregon, and we're

(03:18):
happy to oblige. The victim in this story was the
law enforcement officer in episode three hundred and thirty six
Murder on the Mackenzie Trail, and together they sum up
the history of capital punishment in Lane County, Oregon, the
only two executions to be held there. I'm true crime

(03:39):
historian Richard O. Jones, and for your horror and indignation,
I give you the largest sheriff in Oregon, the Terror
of All Tufts, killed by Horseleef. Eugene, Oregon, February sixth,

(04:06):
nineteen oh three. Yesterday morning, almost before daylight, William W. Withers,
Sheriff of Lane County, left Eugene for the sus Law country.
With them were W. Cornelius and Jack Smith, the latter

(04:28):
a constable of Eugene. The sheriff was armed with a
warrant from Josephine County, charging Elliott Lyons with grand larceny
and having stolen a number of horses. It was a
long hard ride to the cabin where the man they
were in search of was known to live. They reached
Walton post Office on the Siuslaw River about dusk. Their

(04:52):
errand was known, and it is not unlikely that word
of their coming was sent to the retreat of the
bandit several miles away. The sheriff and his men then
proceeded toward the lion's cabin, which they approached cautiously so
as not to alarm the occupants in the flight. All
three of the officers were well armed, and knowing the

(05:14):
desperate character of the man they had to deal with,
they decided to take no chances on an attempt to
escape from the cabin. Accordingly, the sheriff gave careful instructions
to his two assistants and posted them so as to
command both the rear and front doors of the cabin.
The deputies took up their stands at the respective stations

(05:36):
assigned them, and were apparently ready for any emergency that
might arrive. The cabin, where the Outlaw clan made its home,
is near the Siuslaw River, in a section of the
deeply timbered and bushy country. Darkness had settled down. When
Sheriff Withers prepared to invade the den. He was armed
with the revolver he habitually carried, but did not consider

(05:59):
it necessary to have this in his hand when he
entered the house. This neglect, the neglect of a brave man,
in all probability, will prove fatal for Withers, gentleman that
he was the sheriff, although in search of a fugitive
from justice, and by no means compelled to stand on ceremony,
knocked on the door of the cabin. Before attempting to enter,

(06:23):
A voice bade him come in.

Speaker 1 (06:26):
Withers entered the room.

Speaker 2 (06:28):
Two women faced him, one rather young and not uncomely,
and the other well aged. What conversation occurred, if any,
is not known. It is supposed that the Sheriff told
the purpose of his visit and demanded to know the whereabouts.

Speaker 1 (06:44):
Of Elliott Lyons.

Speaker 2 (06:47):
Before he could reach for a pistol or otherwise prepare
to act on the defensive, the women were upon him.
They grappled with him, and each seized an arm. There
was a struggle. The sheriff, a powerful man, could under
ordinary circumstances have quickly worsted his female assailants, but they
fought like furies, like she tigers defending their young. They

(07:11):
could have held the sheriff but a few minutes, despite
their frenzied strength. It was then that murder was done,
or at least attempted. While the sheriff was still struggling
in the hands of the women, Elis Lions came forward.
He had a revolver, and with this he aimed what
he doubtless intended to be a death dealing bullet at Withers.

(07:35):
The shot was fired while the Sheriff's arms were pinioned
in the grasp of the bandit's mother and wife. The
guards near the house must have heard the shot. It
is supposed that they rushed to the door to aid
their chief, but the desperado had already escaped. Under cover
of darkness, he slipped out the front door and got away.

(07:57):
Word was sent at once to Eugene, and several docstors
at once left for the scene of the shooting. In
the meantime, the female members of the robber's household were
taken in charge and brought to the county jail. They
refuse to discuss the deed of the husband and son,
who is now a fugitive from the law with a
price on his head. Word arrived from the Hail post

(08:20):
office saying that Withers was carried there at eleven o'clock
last night. The place is several miles from the scene
of the shooting. Missus Withers, wife of the Sheriff, left
here at ten o'clock this morning for the scene of
the murder. Lyons is said to have sworn vengeance against
all officers of the law since he was released from

(08:42):
the penitentiary. It is said that he will strike the
railroad above Cottage Grove, or that he will come to
the vicinity of Eugene and Hyde. His family is large
and well known, and it is quite possible that he
will have many friends who may sheared him from the
consequences of his crime. This is Sheriff Withers's third term

(09:05):
in office, having first been elected in eighteen ninety eight
on the Democratic ticket. This in spite of the fact
that Lane County is strongly Republican. The immense popularity of
the man is due to his absolute honesty. He has
made more than an ordinary record as a fearless officer
and has succeeded in running down a number of criminals,

(09:28):
including Claude Branton, who was hanged for the murder of
John Lynn in eighteen ninety eight, and Bert Heaton, who
was sentenced to the penitentiary for life last fall for
the murder of Benton Tracy at Junction City. During his
first term of office, a deputy named reed embezzled several

(09:48):
thousand dollars of the county taxes and made his escape
from the county. As soon as the crime was discovered,
Sheriff Withers was acquainted with the facts, and he may
the amount good out of his own pocket. From that
time forth, his popularity was so great that no man
has been able to beat him for the office of sheriff.

(10:11):
Sheriff Withers is well known in Portland, especially to Sheriff's
story in his Deputies. He is about forty five years
of age. He has the distinction of being the most
peculiar man in that section of the state, as he
has always conducted himself in a manner pleasing to his
constituents and to all with whom he had dealings. His

(10:32):
death will create genuine sorrow among his friends, as all
who knew him, looked upon him as not only an
ideal official, but as a splendid man and citizen. The
conduct of his office he has held so long has
always been above reproach, and hundreds of friends will feel
a personal loss at his untimely death. That so brave

(10:54):
a man should be thus ruthlessly shot down by a
man who once took the oath of deputy sheriff was
the last thing the sheriff's friends could have imagined. Sheriff
Withers was a man of magnificent physical build. He was
over six feet tall and was the terror of all tufts.
He was the largest sheriff in Oregon, and was an

(11:16):
athlete of no small ability. February seventh, nineteen o three,
Sheriff Withers was unconscious at seven o'clock this morning when
a messenger left Hales. It was thought at that time
that the Sheriff could not live an hour. His brain

(11:38):
was paralyzed, and he has been unconscious at six o'clock
last night. Three doctors are in attendance with the wounded man,
and his wife is by his side. Before the Sheriff
lost consciousness, his deposition was taken in the presence of witnesses.
Withers confirmed the report that his arms had been held

(12:01):
in the grasp of the wife, mother, and father of
the man he was trying to arrest. The family of
the fugitive is under arrest. At noon a courier arrived
from Hale's and reported that a man answering the description
of lions had been seen near Cottage Grove with the rifle.

(12:22):
He was making his way through the brush toward Lorraine
and appeared to want to avoid meeting anyone. A posse
has left Hales and gone in pursuit of the suspect.
Those who know Elliot Lyons Elliot Lyons is known to
be a nervy ruffian who will not stop at the

(12:42):
taking of the human life when roused.

Speaker 1 (12:45):
He was once in.

Speaker 2 (12:46):
The custody of the officers of Josephine County, but got
away from them, and since then he was sworn that
he would not be taken alive. Lyons is a man
of great physical strength, knows the country thoroughly, and is
well armed. It is said that, in addition to the
revolver of forty four caliber colts with which he shot

(13:08):
Sheriff Withers, the fugitive took with him a Winchester rifle.
He is a dead shot, and few people believe that
he will be captured without a hard fight. The hunt
for Lions is being directed by Chief Deputy Sheriff Fisk
from Eugene. One posse fifty in number is in the

(13:29):
mountains and is supposed to have struck the bandit's trail.
They took up the chase at the lions cabins, from
which it led off.

Speaker 1 (13:37):
Into the nearby hills.

Speaker 2 (13:39):
Other bodies of armed men are scouring the country in
various directions. Eugene is guarded by a number of men
who are watching the roads around the town, expecting that
Lions may attempt to find friends in this vicinity, and
there is something more than a hope of earning the
reward of five hundred dollars that has been placed on

(13:59):
the bank and its head dead or alive. Withers has
many staunch friends here who have a feeling of personal
anger against the man who attempted his death. The main
posse in pursuit of lions is under the command of
Second Sheriff Bounds. He is an intrepid man who knows
the county thoroughly, and his posse is comprised of picked

(14:22):
men who are equally brave. It is the declared purpose
of these men to follow the assailant of Sheriff Withers
any distance until they come up with them. Missus Withers,
wife of the Sheriff, when informed of the shooting, engaged
a team and drove at once to the bedside of
her husband. She arrived on the scene last night and

(14:46):
has not much stirred from the dying man's couch since.
Although friends have tried to prevail upon her to take
some much needed rest, she has steadily refused to leave
the side.

Speaker 1 (14:57):
Of the wounded man.

Speaker 2 (15:00):
It now appears that after the shooting, the family of
the would be assassin did everything possible for the sheriff
and the brother of the bandit hitched up the buggy
and offered to take Withers to the nearest physician. The
sheriff refused the offer. Later he was removed to Hale's
by friends, where he was tenderly cared for. Nate Chastein,

(15:24):
a young farmer living in the neighborhood, brought the news
of the shooting to this city. He made an all
night ride over thirty miles of bad road covered with
two feet of snow in order to get the information
to the officers here in Eugene, Constable A. J. Smith,
who was with Sheriff Withers at the time he was

(15:45):
shot by Elliott Lyons, arrived in Eugene late this afternoon.
Smith's story of the shooting is as follows. Withers and
Smith and a number of citizens in the vicinity in
which Lions lived who had been deputized, surrounded the lion's
house about dark. Withers and a party of men went

(16:06):
to the front door, while Smith and one or two
others were stationed at the rear door. Withers entered the
house and the light was immediately extinguished. Lyon's mother and
wife then grasped Withers's arm, preventing him from using his revolver.
While he was thus pinioned, Lions advanced within two feet

(16:27):
of the Sheriff aimed as revolver at the latter and fired.
The bullet entered at the center of the throat and
lodged in the back of the neck, cutting the windpipe.
A messenger was dispatched with all haste to Eugene, and
he arrived here at two o'clock yesterday morning. Physicians were

(16:48):
notified and doctor F. M. Day left shortly afterward for
the scene. Arriving at eight o'clock, he found the wounded
Sheriff at the residence of George Hale at Hale Post Office,
where he had been conveyed from the scene of the tragedy.
Constable Smith brought word that doctor Day said that there
was no hope of saving the Sheriff's life. The women

(17:12):
Lyons's mother and wife were placed under arrest, as was
also a man whose name cannot be learned. He was
in the house at the time, and it has said
he was instrumental in preventing the sheriff from using his gun.
Before Constable Smith started for Eugene, Sheriff Withers said to him,
see that these people pay for this. If we're not

(17:34):
for them, this would not have happened. No word has
been received yet from the posse which left here this
morning under Deputy Sheriff Harry Brown. It has thought, however,
that the fugitive will be easily tracked as the ground
is covered with snow. February tenth, nineteen o three. The

(17:57):
excitement of the past few days over the shoe shooting
of Sheriff Withers his death and the escape of Elliot Lions.
The assassin was brought to the highest possible tension Monday
at eleven thirty am, when a posse from Creswell brought
lions to Eugene and Sheriff Fisk locked him up in jail. Fortunately,

(18:19):
the news of his capture was kept a profound secret,
and none but the officers and few others knew that
he had been taken. When the spring wagon containing three
guards and lions stopped at the county jail, there were
but few people in that locality, But before the doors
had been closed on the murderer, three hundred people, all excited,

(18:42):
had gathered on the sidewalk, and there was plenty of
evidence that lions owed his extended lease of life. To
the extra precautions taken in keeping the public in the
dark as to their movements with the prisoner, a more
thoroughly organized search and look out for a criminal was
never planned in Lane County. Posse scoured the country between

(19:05):
Hale and Junction and Irving and tracked him in the
snow to a point west of Irving. Many believed that
Lyons was near Irving. Sunday, night, but that he had
eluded the posse and came on to Eugene, where he
tried to board the cars, but local officers and their
assistants kept close watch and Lions kept in the dark.

(19:27):
Finding it impossible to get out on the train, Lions
tramped onto Goshen, where he slept on a tie pile
during the night, moving on to Cresswell, where while attempting
to board the southbound freight, he was taken into custody.
The first knowledge that Lyons was in the neighborhood came
from Constable Edgar Parsons, who saw Lions near the railroad

(19:51):
above Cresswell as he went home from the post office
and recognized him as Lions had once worked for him
in a hopyard Parsons right downtown. The posse was formed
and they started well armed for the chase. The southbound
freight arrived and the posse notified the conductor that Lions

(20:12):
was down the track and would probably endeavor to board
the train, and if he did, they would signal him
to stop. As the train moved out, Lions started to
board a box car. The train stopped, the posse drove up,
leveled their guns, and Lions surrendered. He was found to
be unarmed. Lions was walked down town, although he was

(20:37):
weak and exhausted from hunger, tramping and laying out in
the cold for three nights. Lions said, boys, I did
not expect to be taken alive, but you have me.
He said he was holding Sheriff Withers by the arm
and did not know what he did. The posse took
Lions to the hotel, where he was given something to eat. Here,

(21:00):
Lions broke down and wept like a child.

Speaker 1 (21:04):
He said.

Speaker 2 (21:04):
He was held up in Eugene's Sunday night, but he
talked Irish and they let him go. He said he
stopped at a house in the manufacturing district where he
changed his clothes, and with a pack on his back,
including a pair of pruning shears, he was taken for
a hobo.

Speaker 3 (21:43):
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(22:08):
com slash True Crime Historian.

Speaker 2 (22:21):
February eleventh, nineteen o three. Never in the history of
Eugene has a more impressive funeral been held than took
place yesterday when William W. Withers, ex Sheriff of Lane County,

(22:41):
was laid to rest and Masonic Cemetery. The body lay
in stayed at the courthouse until two pm, when the
four Orders marched in a body five hundred strong to
the courthouse, the Elks leading the way. The body was
born to the hearse by the pallbearers, under the escort

(23:03):
of a detail from the Elks, the members of the
different lodges standing in a solid body with heads uncovered.
Then with measured tread, they marched to the Christian Church,
where twice or three times as many people as could
get into the church had congregated, About half the lodge
members secured seats, and every available inch of space in

(23:26):
the church was occupied by those who desired to pay
their respects to a good man and a brave, faithful officer,
a splendid choir saying Abide with Me and safe in
the arms of Jesus, Reverend McCallum, and a sermon touched
on the importance of being ready for the final call

(23:47):
which must come to us all sooner or later, and
paid a deserved tribute to the memory of the departed.
On account of the inclement weather, the eulogy to have
been pronounced at the grave on behalf of the Elks
by Honorable S. M Yran was delivered at the church.
The words of mister Yoran were treasured up in the

(24:07):
hearts of everyone present. The remains were then born to
Themsonic Cemetery, followed by hundreds of loyal citizens who did
not let weather conditions prevent them from performing voluntarily a
sacred duty. At the cemetery, the beautiful and impressive burial
ceremony of the Elks was said, and other lodges added.

Speaker 1 (24:30):
Their tributes of remembrance. W W.

Speaker 2 (24:34):
Withers sleeps in the silent earth, but his life and example,
his real worth as a citizen, and his faithfulness to
duties imposed upon him by the public, should be a
living example worthy of emulation by those who have their
lives measure up to the standard of excellence which characterizes
the true manhood of our time. Cowed and docile, the

(25:06):
murderer of our brave dead Sheriff lies on a mat
in his barred cell in the County Jail. By the
courtesy of District Attorney George Brown and Sheriff Fisk, a
reporter was permitted an interview with the prisoner this morning.
When the door opened, Lions was lying at full length
on a mat and a barred cell, where he can

(25:28):
be plainly seen by everyone who enters the jail. He
raised to his elbow, and when called by Deputy Brown,
he rapidly arose to his feet and came forward to
the side of the cell. The reporter's mission was explained
to him, and he seemed very willing to talk and
answered all questions readily. He stood but a moment, saying

(25:50):
that his leg heard him. He looked very much worn
and worried, but was not in the least nervous, and
talked in a clear conversational voice without his.

Speaker 1 (26:01):
Quote.

Speaker 2 (26:02):
Yes, I admit killing Billy. I shot him and I'm caught.
I would not have given myself up voluntarily, and I
would not have shot another man to make my escape.
Question where did you leave your pistol? He answered, as
if he hated the remembrance. I do not remember what
became of the thing. I decided that it was all

(26:22):
up when I crossed the long time, and was so
wet and tired, I did not care what happened to me.
Then it was out there by Cook's place, I lost
my pistol, and I did not care enough about anything
to look for it. I've been unarmed for three days.
Question how'd you get into Eugene? Answer? I ate breakfast

(26:42):
Sunday morning with the German family name grouped and dried
out good. Then I went to a straw stack in
a field about one hundred yards away and slept until
five o'clock, when I set the stack on fire, accidentally
trying to burn some straw to get some black ashes
to my face. I left the straw pile about half

(27:03):
past five o'clock and went to the railroad and walked
toward Irving. When it was dark, I circled around Irving
below the town and got on the track again and
walked to Eugene. I was held up a mile from Eugene,
but I was unarmed. The two men did not want me.
Question did you stop at any house in Eugene?

Speaker 1 (27:25):
Answer? No, I did not.

Speaker 2 (27:27):
I went around that hill Skinner's Butte, and rested a
while under those fir trees. I got here about one o'clock.
Question did you try to leave on the southbound passenger train?

Speaker 1 (27:40):
Answer?

Speaker 2 (27:41):
Now, I waited until that train was out and struck
down the track. My leg hurt me, so I could
not walk more than three hundred yards at a time.
Then i'd have to rest. I got out near Gashing
and slept a little while near some ties. Pretty Soon
I got up and went on to Cresswell. Question what
made you show up in Cresswell at daytime?

Speaker 1 (28:03):
Answer?

Speaker 2 (28:04):
I don't know, I don't care what came of me,
and I don't now. He added the last with a
painful short laugh, but immediately recovered the worried look with
which he had been talking. Question what made you shoot Withers?

Speaker 1 (28:21):
Answer?

Speaker 2 (28:22):
Ah, I told him I wouldn't go with him and
wanted to be stubborn. I guess my wife commenced to
plead for me, and I saw a small chance to
get away. Billy didn't have his gun pulled, so I
thought I would hold him up and force him to
let go. He held me by the coat. I had
my gun in my pocket. I just pointed at him

(28:42):
from my side when I saw the chance and fired.
I wish I hadn't right away, but I ran as
fast as I could.

Speaker 1 (28:50):
Question, if the.

Speaker 2 (28:51):
House had been surrounded with men, would you have fought
your way through?

Speaker 1 (28:55):
Answer?

Speaker 2 (28:57):
No, I would have quit right there when I shot.
I said, that was the last shooting for me.

Speaker 1 (29:03):
Question.

Speaker 2 (29:04):
Was your father in the room at the time of
the shooting?

Speaker 1 (29:08):
Answer?

Speaker 2 (29:09):
Nah, he was in the dining room talking with mother.
Wife was in the room pleading for me with Billy lions.
Cannot plead insanity as he is perfectly rational, he added,
You're entirely welcome to the reporters. Thank you at the
conclusion of the talk, and resumed his couch in the

(29:30):
corner of the cell. February twelfth, nineteen o three, when
the grave clouds clanked dismally upon the untimely remains of
the late Sheriff Withers, the curtain of life stage of
action was wrung down upon the spectacle of an honest

(29:52):
man severed from his loving family and doting friends by
an assassin's foul deed. The second at the placing of
responsibility for the cowardly act upon Lions, the dastard and
by his accessories, was concluded before Coroner King and his
veneer yesterday. The third act leading up to the finale,

(30:16):
the verdict providing for meeting out a just retribution to
the guilty, will soon propitiate an outraged justice and fulfill
and injunction of the old Mosaic law an eye for
an eye and a tooth for a tooth. Following are
the findings of fact by the Coroner's Jury, whose session

(30:37):
began Monday and ended yesterday. We the undersigned jurors, find
as follows. First that the body of the person exhibited
to us by the Coroner of Lane County as the
body of William W. Withers, who was at the time
of his death Sheriff of Lane County, Oregon. Second that
the said W. W. Withers came to his death from

(30:58):
a gunshot wound.

Speaker 1 (30:59):
That the show that.

Speaker 2 (31:00):
Killed the said W. W. Withers was fired by Elliott
Lyons with intent to kill the said W. W. Withers.
That the shooting was premeditated. Third, that at the time
of the said shooting, the said W. W. Withers was
in the performance of his duties as said Sheriff, and
was at the time of the act arresting the said

(31:21):
Elliott Lyons for a felony. Fourth that at the time
of the said shooting. The said Sheriff was interfered with
in the performance of his official duties by the wife
of Elliott Lyons, and by the father and mother of
said Elliott Lyons. Dated this eleventh day of February nineteen
oh three. February nineteenth, nineteen o three. A visit to

(31:51):
the County jail gives one a slight insight to the
life and condition of Edward Elliott Lyons, who lies incarcerated
awaiting trot while for the murder of Sheriff Withers. Since
the tragedy, he has not read any of the papers
containing the account of the shooting or the subsequent chase,
nor has he asked.

Speaker 1 (32:12):
To see them.

Speaker 2 (32:13):
He eats and sleeps regularly, and, as he has recovered
from his terrible flight, is not exhibiting any outward signs
of physical worry. Neither does he peer repentant of his crime.
He lounges on the couch in his cell or sits
in the solitary chair with his back to the light,
and reads such books as are furnished the prisoners of

(32:36):
the County Bastille. He appears comfortable and entirely oblivious of
his surroundings. Or the enormity of the penalty which he
is sure to suffer within.

Speaker 1 (32:46):
The next two months.

Speaker 2 (32:48):
Lions exhibits no religious tendencies which so often appear in
the criminals who are about to suffer death. He looks
well but has very little to say, sometimes passing whole
days without a word to anyone. In spite of this,
he does not appear melancholy. Missus Lyons, wife of the murderer,

(33:10):
has also become eased somewhat of her nervous tension and
sees things in a more rational light. She appears to
feel the disgrace more than her husband. The routine of
jail life has also agreed with her, and she looks
quite well in spite of the terrible burden upon her mind.

(33:32):
March fourth, nineteen o three. As was expected, the court
room was crowded to its utmost capacity this morning at
nine o'clock, the time for opening of court and the
commencement of the trial of Edward Elliott Lyons for the
murder of Sheriff Withers. Shortly after nine o'clock, Sheriff Fisk,

(33:55):
deputies Gainy Matthews and Harry Boun appeared in court with
the prisoner who appeared just the same as on previous days.
He has an appearance of trying to withhold tears at
all times, his mouth being drawn down at the corners,
and his eyes were constantly moist and glistening. The prisoner
wears the same clothes in which he fled through the

(34:17):
country during the exciting chase of a few weeks ago,
with the exception of his shoes, which were rendered worthless.
He wears a pair of arctic gaiters and court no
vest and a soft shirt. He took a seat between
the deputies and behind his attorney and nodded to prosecuting
Attorney Brown. He assumed his customary position, hands clasped in

(34:41):
front of him, feet crossed, and chin considerably elevated. At
but one time did the accused speak to his attorney,
and he told him that Juror Jenkins, who was being examined,
had conversed with him in jail and had acted as
a guard.

Speaker 1 (34:57):
In jail over the accused.

Speaker 2 (35:00):
On this ground, the juror was challenged by the defense.
The policy of the defending attorney was revealed by his
questions to the jurors. He has something unexpected on hand.
The question mister Doris asked which created the excitement is
as follows.

Speaker 1 (35:17):
Quote.

Speaker 2 (35:18):
If we introduce evidence other than what has been published
showing that the accused did kill Sheriff Withers, but that
the circumstances are different from what was published, would you
give proper weight to the testimony from this? The policy
of the defense is discernible. Lions will admit that he
fired the shot, but he will either make a defense

(35:38):
on the plea of accident or undue provocation with the
hope of escaping with his neck. The examination of jurors
was taken up immediately after the twenty four trial. Jurors
had been examined, but nine of them were found qualified
to serve as jurors on the case. The veneer was
exhausted and the order given for a new a fifteen

(36:01):
qualified jurymen. The jurymen selected were allowed their liberty in
the interim. Lyons leaned on his elbow in the meantime
and slowly scrutinized the various lawyers and the judge in court. L. T.
Harris made the opening statement for the prosecution. He recalled
rapidly the event's incident to the shocking tragedy of February

(36:24):
fifth and the facts in the case as to the
performance of the deed. The statement was brief and to
the point, intending to show that Elliott Lyons was the murderer.
No recess was announced. Attorney George B. Doris addressed the
jury as to the course of the defense. He said,
in part, I have been appointed to see that a

(36:45):
human being has a fair trial. I do not appear
here to try to defeat the ends of justice, but
to see that mister Lyons secures what every human is
entitled to, a fair trial by jury of his countrymen.
If the state fails to prove at every point, it
is my sworn duty to see that the defendant has
the advantage of the omission. Doctor Payne was the first

(37:08):
witness called. He testified as to the condition and appearance
of the dying sheriff when he reached him on the
afternoon of February sixth. He testified that Withers stated to him,
while under the fear of death, that Lyon's mother, father,
and wife had interfered and held him, and Lyons shot him.
The course of the bullet was described as being from

(37:29):
the front to the back of the neck, extending downward
paralyzing the man from his neck down. Doctor Day, the
second witness, corroborated the testimony of doctor Payne, including the
damaging statement which Withers had made concerning the interference of
the wife, mother, and father of lions. Constable A. J.

(37:50):
Smith recited the events leading to and subsequent to the shooting.
He was with the sheriff and assisted in arresting Elliott Lyons.
He heard the Sheriff's voice and the shot fired, broke
into the house and found Sheriff Withers prostrate with a
bullet wound in his neck.

Speaker 1 (38:08):
WJ.

Speaker 2 (38:08):
Cornelius introduced testimony damaging in the extreme to the father, mother,
and wife of the accused. He was deputized by Sheriff
Withers and stationed with Smith at the rear of the house.
He heard a scuffle in the interior of the lion's
home and heard Withers say let go let loose, let
go of me three or four times during the scuffle,

(38:31):
just previous to the shot quote. I went in with
Smith and found Withers on the floor. He said to
us boys, I guess they've got me. Lion shot me
and has gone out the front door. These folks held
me and I told them to let loose, and they
wouldn't unquote Marshall's styles went on the stand and swore

(38:51):
to the accuracy of a drawing of the premises which
was introduced as evidence. Sheriff Fisk testified that the warrant
for lions for horse stealing was in the office prior
to the tragedy. Later, he identified a bundle which was
taken from the prisoner by the posse at Creswell, and
also a revolver which was in the bundle at the time.

(39:13):
The members of the arresting posse from Creswell were examined.
Nothing new was deducted from their testimony, excepting that of
Hamilton Veech, who said that Lyons stated that he only
intended to break Withers's arm or shoulder, and not to
kill him. Morrison White, a boy of Eugene, testified that
he sold two horses for lions. J. M. Williams produced

(39:37):
the bullet extracted from Withers's body. Justice Wintermeyer recited the
arrayment of the prisoner, and the Grandeur said that yesterday
Lion said in jail that anybody who valued his life
would not have come after him at this junction, the
state rested its case. The most exciting and dramatic event

(39:59):
of the entire week occurred this afternoon, just after four o'clock.
It was the appearance of the aged and helpless mother
and father of Elliot Lions. A sad scene was witnessed
in the courtroom when the aged parents of Elliot Lions
were brought in court to testify for their son. The
carriage was sent for them. Grandmother Lions, sixty six years

(40:21):
of age, feeble and nervous and sobbing convulsively, was carried
to the witness stand in a chair for some time.
She was unable to control her feelings and sobbed out
the words my heart is broken. Prompted by excitement, the
crowd surged forward, and Judge Hamilton was several times compelled

(40:42):
to threaten to have the courtroom cleared to preserve order.
The prisoner exhibited visible signs of remorse for the first time,
and tears welled into his eyes. The prisoner did not
break down, although momentarily had the appearance of doing so.
The mother was carried into court on pillows and was

(41:04):
attended by several ladies. She testified somewhat differently concerning the
events in the house. She said she never heard Withers
say anything, never touched them, but pleaded with him to
know the reason for the arrest. Mister Lyons testified the
same things March fifth, nineteen oh three, in the Circuit

(41:29):
Court of the State of Oregon, County of Lane, the
State of Oregon, plaintiff versus Elliott Lyons, defendant. We the
jury and paneled to try the above case. Find the defendant,
Elliott Lions, guilty of the crime of murder in the
first degree, as charged in the indictment signed M. J.

Speaker 1 (41:50):
Hilligas foreman.

Speaker 2 (41:55):
Such was the verdict the jury brought in after ten
minutes deliberation, and which.

Speaker 1 (42:00):
Will hang Elliot Lions.

Speaker 2 (42:04):
The court chambers was crowded to their utmost capacity by
interested spectators. About five hundred people were in the room
at the opening of court. Elliot Lions, the accused murderer,
was brought in at nine o'clock. The prisoner was seated
in front of the jury box, facing the witness stand,

(42:24):
with his back to the audience, and between Sheriff Fisk
and Deputy Sheriff Bound. Lyons's appearance in court was much
the same as Monday and Tuesday, except that he was
a trifle more at ease and occasionally looked about him.
His expression of countenance was, however, abject in the extreme.

(42:44):
At eight fifty five, or just twenty minutes after retiring,
the jury reported a verdict of murder in the first degree,
and the verdict was read lions. His head dropped, the
muscles of his face twitched, and for a time it
looked as if he would give way to his feelings,
throwing his head back and assuming this customary position. Enjoy

(43:23):
ad free listening at the safehouse. Dubbadubbadubba dot Patreon dot com,
slash true crime Historian March twenty first, nineteen o three,

(43:51):
by the courtesy of Sheriff Fred Fisk. A newspaper representative
was admitted to the county jail this morning and permitted
to converse with the murderer, Elliott Lyons. The prisoner was
sitting in his lone chair in the narrow prison cell
with his hands folded. He looked up quite interested when

(44:12):
the reporter entered and recognized him as a previous interviewer.
Extending his hand between the gratings of steel as a greeting,
he shook hands fervently. Lions resumed his seat, making commonplace
remarks about his surroundings, laughing frequently, not seeming to be
under a great strain, as would become a man who

(44:34):
has less than a month of precious life on earth.
In answer to a question about how he felt, he remarked,
it does not seem that I have done what I have.
I have not been such a bad character as you.

Speaker 1 (44:47):
People may think.

Speaker 2 (44:49):
I've never been drunk in my life, and I've never
played a game of cards in a saloon. I was
not in the habit of doing such things at all.

Speaker 1 (44:58):
Question.

Speaker 2 (44:58):
It has been stated that you were penitent of your
crime and professed conversion.

Speaker 1 (45:03):
Answer.

Speaker 2 (45:04):
I have always believed in the Almighty and his power
to save and do Now. I'm not going crazy on religion,
mind you, but I think the Bible contains the truth
and I will be guided by it. Question do you
read much? Answer? Yes, I do considerable reading. See my Bible.

(45:26):
He pointed to a well thumbed Bible furnished him by
religious visitors. It lay between the bars by the side
of a tobacco pouch and a bunch of matches marked
at various passages with bits of paper he added, I
get a few magazines in the like the papers did
me wrong by saying that I did not regret what

(45:48):
I did. No one regretted the shooting worse than I did.
I did not see the papers, but my wife wrote
me about it. You should be fair on a fellow anyway.
It is evident that Lions considers himself considerably abused by
the public and the press. He does not seem to
realize the fact that he killed one of the most

(46:09):
popular and one of the finest men in the county.
He half justifies his act at the same time, saying
he regrets it in a half hearted way. He has
a proud spirit, although he does not resent direct allusion
to his deed. Question do you feel the weight of
your guilt? Answer well, I don't feel nervous or strung up,

(46:34):
if that's what you mean. Yes, I eat well and
sleep passably well, he added, with a glance at the
betting stuffed in the corner. At one time, the prisoner
laughed long and loud at some remark that was made
by one of the inmates of the jail. He appears
to enjoy a good joke, but recovers a serious mean

(46:54):
quite promptly. Religious visitors are admitted to talk with lions.
Among the visitors are Reverend John Hansaker, Reverend Woolly, and
Reverend Green. He has encouraged their efforts after a few
inconsequential remarks. The prisoner responded to the farewell salutation politely

(47:16):
and turned his eyes toward the blue opening in the
wall of the jail, the only evidence of the joyous
springtimes he is able to see. With an expression half
longing and half musing on his face, was left to
the lonely vigil of the death Watch, who paced to
and fro in front of his cell. April seventeenth, nineteen

(47:47):
o three, Edward Elliott Lyons, the slayer of Sheriff Withers,
this morning, at nine thirty one o'clock, dropped to his
death through the sky floor in the jail yard at Eugene,
Thus in expiation of the crime of murdering Sheriff Withers,

(48:08):
February fifth of this year, near Walton, Suslaw Valley. The
only previous hanging in Lane County was that of Claude
Branton Friday, May twelfth, eighteen ninety eight. Branton was convicted
of and executed for the murder of John A. Lynn
near the summit of the Cascade Mountains on the night

(48:29):
of June fifth of the previous year, Branton cremated the
remains of his victim, taking all night for the burning.
Sheriff Withers performed this disagreeable duty of the hanging of Branton.
To Sheriff Fisk, the successor of W. W. Withers, came

(48:52):
the duty of hanging the slayer of his former chief.
There are things about a hanging which cause even the
duty bound and officers of the law to WinCE. Yesterday,
Sheriff Fisk was asked for an invitation to the hanging.
He respectfully said that there were no more to be issued.
He said, if you ever come out for public office,

(49:14):
I will vote for you if you give me a ticket,
and if you won't, I won't vote for you. Fisk
answered him, saying, I'm not for sale on any such grounds.
If I had one hundred invitations to give out, I
would not give you one. After such a statement and
the dowty sheriff turned to walk away, and both noticed
for the first time a reporter was standing near. It

(49:38):
speaks well for Fred. At nine fifteen Friday morning, Sheriff
Fred Fisk, followed by the jury of twelve men and physicians,
Pain and Day, left the courthouse and proceeded to the
enclosure within the jail yard. The door to the enclosure
was then opened to those holding passes, and soon the

(49:59):
place was filled with spectators. The awfulness of the occasion
seemed to be felt by the crowd, and all talking
was carried on.

Speaker 1 (50:08):
In subdued tones.

Speaker 2 (50:10):
Sheriff Fisk maintained a firm, determined countenance while he paced
a bit restlessly back and forth, watching the big clock
in the courthouse tower. About nine to twenty, he mounted
the scaffold and carefully examined the death trap, which was
found to be in perfect order. In one corner of

(50:31):
the small enclosure, a photographer was mounted on a high
step ladder with a camera adjusted in proper position to
get a picture of the execution. Suddenly, the sturdy sheriff
gazed intently at the courthouse clock for a moment, then
turned and entered the jail. The time had arrived for
Elliott Lyons to give up his life. Elliot Lions spent

(50:58):
a very easy night Thursday, and rested as one having
no reason to think that tomorrow would be the date
for the end of his earthly life. He conversed with
the death Watch, Wallace Chamberlain, and John John's until eleven thirty,
when he retired. He talked cheerfully about his life in
southern Oregon. The death Watch eyed him continuously, but he

(51:22):
gave them no reason to think that he had designs
to cheat the rope of the sentence.

Speaker 1 (51:27):
Of the law.

Speaker 2 (51:28):
Lions slept well and did not seem to be haunted
by any terrible dreams. He woke at five o'clock and
some time later arose, and then, without any sign of nervousness,
chatted with his guards and stretched himself with the possible
attempt to appear at ease. His breakfast consisted of a
generous supply of ham and eggs, which he ate without

(51:52):
the least diminished appetite. Every morsel of food was consumed
in the coffee, of which he was quite fond, went
the same way. Later the prisoner underwent a partial collapse,
and was not until after he was visited by the
Reverend Billington and Handsaker, who comforted him with religious advice

(52:14):
that he braced up for the trying ordeal. Lions told
the ministers that he had no fears to meet his God,
but he hated to leave his family. He had no
ill feeling against any man. To some, he said that
the gallows would never be the cause of his death.
He said that on the morning which would be his last,

(52:37):
he would not have to go up the little stairs
to the hangman's knot. But Lions was too closely watched
by the death watch, who have stayed by his side
for several days. He never made the attempt to commit suicide,
as he knew it was probably useless to do so.
He asked for no drugs of any kind, but accepted

(52:58):
the consolations of religion as ministered by several pastors of
the city.

Speaker 1 (53:03):
In the cell.

Speaker 2 (53:04):
A few minutes before the time of his death, Lions
was on his knees by the side of three ministers
of the Gospel. They were praying fervently, and the officers
respectfully awaited with bowed heads for the amen before proceeding
to strap the prisoner. When the minister had finished, Lyon's

(53:26):
voice was raised in prayer. He offered a really splendid petition,
remembering his wife, his children, his parents, and all his friends,
in words that were uttered with trembling lips. It was
the only time he showed signs of breaking down. He
wept bitterly as he prayed and bowed his head upon

(53:46):
the bed, and as he finished and uttered his amen,
the keys of the deputy rattled in the lock. The
guards assisted him to don his coat and vest. A
pretty rose adorned his coat lapel. The tears were dried away,
and he sat straight and resigned as the straps were

(54:08):
placed about his limbs. His eyes were closed, and his
breath came and went rapidly, his knees trembling as he
supported himself by holding to the iron bars of the door.
At nine o'clock, Share of Fred Fisk entered the jail
and the cell where Lions has been confined, and read

(54:30):
to him the death warrant issued by the Circuit Court.
As he read, the prisoner paid close attention to the reading.
Reverend Green and Reverend Handsacer were in the cell with
the prisoner, and the latter lay stretched upon his bed
in his shirt sleeves, clean shaven but for his well
groomed mustache, and with little nervousness. He was asked to

(54:55):
sit up to listen to the warrant.

Speaker 1 (54:57):
Red.

Speaker 2 (54:58):
At first he did not understand, but was assisted by
the guards at his side to sit on the edge
of the bed. They tell of the clock on the
courthouse striking nine o'clock was the death knell to the
doomed prisoner, and as it sounds entered the gloom.

Speaker 1 (55:14):
Of the cell.

Speaker 2 (55:15):
He bowed his head slightly, while the men of the
gospel prayed in silence by his side upon their knees.
As the reading was finished, he made some inaudible remark
and again sank back upon his couch, and the bars
closed before him, to be opened again in a few
moments to let him breathe the air of partial freedom.

(55:36):
On his short walk to the scaffold, he begged goodbye
to the guards and his other friends by shaking hands.
He spoke his farewell words without a tremor, and looked
his friends squarely in the eye. Then he was told
all was ready. He said that he was too, and

(55:58):
fell into the procession, headed by a share of Fisk
and composed of four deputies and two clergymen, all of
whom were with him on the scaffold. Just at nine
point thirty the death party emerged from the jail. Share
of Fisk led the procession, and closely behind him came
the doomed man, dressed in a neat suit of black

(56:19):
clothes and low cut shoes. At the lapel of his
coat was pinned a pink rose. The prisoner was supported
on either side by the members of the death Watch,
and his arms were strapped tightly to his body. Lions
gave evidence of labored breathing, and there was ghastly pallor
on his face, but his walk was very firm. As

(56:42):
he mounted the steps to the gallows, he seemed utterly
unconscious of those about him, and looked neither to the
right nor to the left. He walked bravely to the
foot of the scaffold and mounted the steps without assistance.
A prepared board was ready to him if he gave away,
but there was no need of it. He took his

(57:05):
place and clenched his fist, determined to display no nervousness.
Lions was quickly placed in the proper position, and his
legs strapped firmly together. The voice of Sheriff Fisk broke
the stillness with mister Lyons, have you anything to say? No,

(57:27):
only this, I think everyone who's been kind to me
May God forgive you people, for you know not what
you do. That's all muttered the unfortunate being as he
gasped for breath. The victim heaved a sigh as he
cast a last glance at the upturned faces of the
crowd and closed his eyes, and the black cap was

(57:49):
pulled down over his face. The Reverend Green spoke, mister
Lyons wishes to thank all his friends who have been
so kind as to call upon him during the imprisonment,
all relatives for their sympathy, and the officials who have
showed him kind consideration. He has confessed his crime, and

(58:10):
may God receive his soul as it leaves the serve.
Sheriff Fisk quickly adjusted the noose around the murderer's neck,
made a swift movement with the hand, and the body
of Elliot Lions shot swiftly downward, and his soul passed
to the great beyond. The body dropped about seven feet,

(58:33):
unjointing the neck. The body doubled convulsively once and then
straightened out and hung in stillness until fourteen minutes had passed,
when doctor's day and Pain pronounced him dead. Missus Elliot
Lions and Benton lions wife and brother. The hangedman signed

(58:54):
the receipt for his body, and undertaker Day removed it
from the jail yard. Sheriff Fred Fisk has handled the
details of the affair from the start, and no item
has escaped him which he could use to make the
event one which had appealed to the morbidness which attaches
itself to similar things. He conducted the direction of the

(59:18):
posses which were after Lions. Every avenue was guarded, every
lane had a man watching for the fugitive. The system
was perfect and there was no means for escape, as
the captured man soon found. Fisk and his deputies have
done an excellent work and deserve commendation for their thankless labors.

(59:39):
It was less than a minute from the time Lions
reached the top of the scaffold until he was swung
at the end of the rope. Immediately following the execution,
workmen began at once to tear down the scaffold and enclosure.
At five o'clock. There was nothing to indicate eight that

(01:00:00):
such an event had taken place. Sheriff Fiske was expeditious
throughout the entire undertaking, carrying out the details promptly and accurately,
with no mistakes being.

Speaker 4 (01:00:13):
Made epilogue, Idaho. Jane Baker Lyons was never tried for
her part in the murder of Sheriff Withers.

Speaker 5 (01:00:29):
She was left a widow with two sons, William Ellis Lyons,
age fourteen and Claude Cecil Lions, aged seven. Ida, as
she was known, remarried a man named Benjamin Edward Robertson
in nineteen oh eight, five.

Speaker 4 (01:00:46):
Years after her husband's execution, and died of a heart
attack in Portland, Oregon, nineteen thirty eight at the age
of seventy three.

Speaker 2 (01:01:14):
That was the largest sheriff in Oregon. The Terror of
All Tufts Killed by horse thief called from the historic
pages of the Oregon Daily Journal, the Eugene Morning Register,
the Eugene Guard, and other newspapers of the era. True
Crime Historian is a creation of popular media. Opening theme

(01:01:38):
by Nico Vitessi. Incidental music by Nico Vitesi, Chuck Wiggins,
and Dave SAMs. Some music and sound effects license from
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Rachel Shatt. Engineered by David Hish at Third Street Music
Media Management and original graphics for each episode by Sean R.

(01:01:59):
Miller Jones and don't forget about Me. I'm true crime
historian Richard O. Jones, signing off for now.