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The Largest Sheriff In Oregon

Jul 16, 20251 hr 2 minEp. 358
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Episode description

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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Transcript

Speaker 1

Cal puder calm.

Speaker 2

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 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 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 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

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. 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 or alive, has been offered. True crime historian presents an 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 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 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, 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

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 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 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 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 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, A voice bade him come in.

Speaker 1

Withers entered the room.

Speaker 2

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

Of Elliott Lyons.

Speaker 2

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 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. 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. 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 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 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 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, 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 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.

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 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 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 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 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 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.

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 taking of the human life when roused.

Speaker 1

He was once in.

Speaker 2

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 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 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

Into the nearby hills.

Speaker 2

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 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 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 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

Of the wounded man.

Speaker 2

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, 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 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 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 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 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 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

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 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, 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, 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 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. 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 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 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 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, Lions broke down and wept like a child.

Speaker 1

He said.

Speaker 2

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

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Speaker 2

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, 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 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 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 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

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

Their tributes of remembrance. W W.

Speaker 2

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 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 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 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

Quote.

Speaker 2

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 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 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 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

Answer? No, I did not.

Speaker 2

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

Answer?

Speaker 2

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

Answer?

Speaker 2

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

Answer?

Speaker 2

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 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

Question, if the.

Speaker 2

House had been surrounded with men, would you have fought your way through?

Speaker 1

Answer?

Speaker 2

No, I would have quit right there when I shot. I said, that was the last shooting for me.

Speaker 1

Question.

Speaker 2

Was your father in the room at the time of the shooting?

Speaker 1

Answer?

Speaker 2

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

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 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, 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 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 a gunshot wound.

Speaker 1

That the show that.

Speaker 2

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 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 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

To see them.

Speaker 2

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 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

The next two months.

Speaker 2

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, 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. 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, 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 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

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

In jail over the accused.

Speaker 2

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

Quote.

Speaker 2

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 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 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 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

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 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 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. 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

WJ.

Speaker 2

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, 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 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.

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

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 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 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 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

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 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

Hilligas foreman.

Speaker 2

Such was the verdict the jury brought in after ten minutes deliberation, and which.

Speaker 1

Will hang Elliot Lions.

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

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People may think.

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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.

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Question.

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It has been stated that you were penitent of your crime and professed conversion.

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Answer.

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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. 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 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 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,

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 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 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 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, 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 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 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, 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 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

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

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In subdued tones.

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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 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 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 gave them no reason to think that he had designs to cheat the rope of the sentence.

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Of the law.

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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 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 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, 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 the consolations of religion as ministered by several pastors of the city.

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In the cell.

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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 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 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

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 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 sit up to listen to the warrant.

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Red.

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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.

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Of the cell.

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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. 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 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 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 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 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, 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 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 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, 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 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 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. 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 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.

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Made epilogue, Idaho. Jane Baker Lyons was never tried for her part in the murder of Sheriff Withers.

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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.

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Years after her husband's execution, and died of a heart attack in Portland, Oregon, nineteen thirty eight at the age of seventy three.

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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 by Nico Vitessi. Incidental music by Nico Vitesi, Chuck Wiggins, and Dave SAMs. Some music and sound effects license from podcast music dot Com. Closing theme by Dave SAMs and

Rachel Shatt. Engineered by David Hish at Third Street Music Media Management and original graphics for each episode by Sean R. Miller Jones and don't forget about Me. I'm true crime historian Richard O. Jones, signing off for now.

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