The Hill Beachey Project
launched
August 3, 2013
Research
Question Number 6: Time to look more closely at Wesley H.
Wickersham's role?
Magruder's revolver (Sunday Oregonian, April 5, 1914)
Sometimes the elements of a story dawn on me only slowly.
What's dawning on me at this moment is that Wesley H. Wickersham played
a bigger role in the apprehension of Lloyd Magruder's killers than I --
or perhaps anyone else, for that matter -- have accorded him.
The first item of evidence for Wickersham's role's importance is the
fact that it was he, and not Beachey, who asked acting territorial
governor, William B. Daniels, to issue a warrant for the four
suspects.
A package comprising the warrant (which the court referred to as a
"requisition") and four items of accompaning documentation is
reproduced in Reports of Cases
Determined in the Supreme Court of the State of California (Vol.
23, San Francisco: H.H. Bancroft & Co., 1864, pp. 586-588).
The package's elements:
- First, Daniels'
formal
"requisition," dated October 23, 1863, requesting of the governors of
British
Columbia and California that the named fugitives "be delivered up to
Hill Beachy and Thomas Farrell." Daniels
signed the document in his capacity as Acting Governor of Idaho
Territory. The warrant's text makes abundantly clear that
Wickersham's affidavit prompted its issuance.
Daniels'
warrant, as reproduced in the
California Supreme Court's record
- The second
item, which ran a mere single sentence, finds Daniels witnessing his
own
signing of
the warrant, now acting in
his capacity as Secretary of Idaho
Territory.
- The third document
was Wickersham's affidavit itself. It asserted that four
named suspects "...did, on or about the fifth day of October, a.d.,
1863, wickedly and maliciously with malice aforethought, waylay, rob,
and murder, one Lloyd Magruder and Charles Allen, citizens of the
United States, on the trail, or road, leading from Virginia City to
Lewiston, in said Territory, contrary to the laws made and provided,
and against the peace and dignity of this Territory..." This
document began, illogically, with a sentence making reference to
Wickersham appearing before another party, presumably Daniels.
This opening sentence probably evidenced the haste with which it and
the other documents were prepared.
- The fourth
document was signed by Alleck C. Smith, Associate Justice of the Idaho
Supreme Court. It affirmed that Wickersham's affidavit had been
signed and sworn, and, as well, that Wickersham was "a credible
witness" and "worthy of belief." Smith also noted that "as yet,
the Supreme nor District Court of this Territory have not been
organized, and that as yet no seal has been adopted for said Court."
- Finally, the fifth
document, signed by Daniels in his capacity as territorial
secretary, certified "...that the above-named Alleck C. Smith, is duly
appointed and qualified as an Associate Justice of the Supreme Court of
Idaho Territory ; and that as such, full faith and credit should be
given to all his official acts ; and that the above affidavit is in due
form of law, and that full faith and credit should be given to the
same."
Obviously, these
instruments, each and every one, were premised both on Wickersham's
claim that the crimes had been committed
and as well on his good standing in the community and credibility as a
witness.
Who was Wesley H. Wickersham and how did he come to occupy this
important role in the Magruder/Beachey story?
It appears that Wickersham and Magrruder were close, although just how
close remains to be established.
Unfortunately, only snippets of information on Wickersham and his
relationship to Magruder are available in the literature:
- Julia Conway Welch's
book suggested a number of leads re that relationship. I've
plucked these out for our examination:
- Magruder, as a
Private in the Quartermaster's Corps of Archibald Yell's regiment, took
part in the Mexican-American War's Battle of Buena Vista in February,
1847. Welch wrote: "For years afterwards, February 22 and
23, 1847, must have been days that Lloyd remembered and talked about as
red letter days in his life. In Marysville, California, he was to
meet a veteran of the other famous battle of the War-- Cerro
Gordo. Wesley Wickersham,
friend to Lloyd for many years, fought under Scott in an
Illinois regiment. But he was a native of Kentucky and, like
Lloyd, a southern loyalist" (emphasis added, p. 8).
- Among his other
pursuits there, Magruder served as Yuba County's county clerk in
Marysville. Welch wrote: "After his term as county clerk
expired in 1858, he also worked as assistant marshall [sic] in the
office of County Recorder Wesley Wickersham, where he took the census
of Yuba County" (p. 18).
- Welch added, in
relation to a later year, perhaps 1859 or 1860: "He was now
working the the recorders's and clerk's office (Wesley Wickersham was
his boss) at $175 a month and practicing 'a little law' on the
side. He was planning on leaving Marysvill in January for 'the
Washoe mining district of Nevada'" (pp. 18-19).
- Magruder had
great difficulty securing his pay for his work on the 1860 census,
which in turn caused his family considerable financial
embarrassment. In 1861, Magruder wrote to his older brother,
Thomas, asking him to send monies he might receive as pay for his
census work to Wickersham in Marysville. Welch quoted from
Magruder's letter: "I am under the necessity of leaving without
ample provision for them [his family] as I could desire, but have done
the best I can. I hope you will use every effort to further my
getting the abount due me from the Government" (in Welch, p. 28).
- Welch added that
Magruder's family -- his wife Caroline and children -- may have stayed
with the Wickersham family after Lloyd's departure. The
Wickershams, according to Welch's account, were better fixed than the
Magruders. "Wesley had real estate," she wrote, "valued at $2,500
and personal property valued at the same figure. His household,
in addition to his wife Maria and brother James, include a German cook
and an Indian boy as servants. It is possible, too, that Lloyd's
project of taking a mule train to the new bonanza was an investment of
the Wickershams, for Wesley's brother accompanied him, and Wesley
himself was listed as a parner in Lloyd's store in Elk City" (in Welch,
p. 28).
- Finally,
there
is a rather cyptic mention of Wicksham much later in Welch book, one
concerning the fugitives as they approached Lewiston after the
crime. Welch writes that the men "abandoned a mule and hid some
ropes and a pack saddle" on Cottonwood Creek. "This was a major
error," she added, "for the animal and gear were found and helped
corroborate Page's story." Welch further recounts that Wickersham
and Charles Frush "went out and found them where Page said they
were..." (p. 72). This does not appear to be the clues at Tammany
Hollow or Tammany Flat that would later play so important a role in
prompting Beachy to give chase. But when, exactly, this recovery
by Wickersham and Frush happened I don't know.
- Magruder and
Wickersham were fellow members of Marysville's Masonic lodge,
"Corinthian Lodge, No. 69."
Wickersham is listed among four "Past Masters" and Magruder among a
host of "Master Masons" (see pp. 172 & 443, Journal of Proceedings of the Grand Lodge
of Free and Accepted Masons of the State of California, Vol. 5,
1861 and 1862). Incidentally, the same volume lists Hill Beachey
as a "Withdrawn" member of the "Vesper Lodge, No. 84, Red Bluffs,
Tehema County" (ibid., p. 451).
- The Illustrated History of North Idaho
(1903) offers the following sentence about business establishments in
early Elk City: "Joel D.
Martin tells us that when he came to the town in the early summer of
1862, he
found merchandizing establishments belonging to Clindinning, Magruder & Wickersham,
Straven & Company, Creighton & Company, a man named Claflin and
others,
besides five saloons and two principal hotels, Ralph's and the Marsten
house” (emphasis added, p. 23).
- Finally, we come to a new
clue. The Sunday
Oregonian of April 5, 1914 published an article on the Magruder
murders highlighting a pistol in the posssession of one L.A. Wright of
Union, Oregon. The weapon was described as "a navy revolver, for
percussion caps, powder and balls," once owned by George Wright.
A pair of these pistols had been sold to Lloyd Magruder before his
fateful venture to Virginia City. The Oregonian's article
recounted that the relic had been recovered by Magruder's friends and
presented to George Wright "by Magruder's
brother-in-law, Wickersham"
(emphasis added). Brother-in-law?! Magruder's wife's maiden
name was Caroline Pelham of Batesville, Arkansas. It would seem
to follow that Wesley Wickersham, if the brother-in-law relationship
were true, must have been married to a Magruder. Welch's book
says Wickersham's name was Maria. Welch's book relates that Lloyd
was one of Lloyd, Sr.'s thirteen children by two wives, but the name
"Maria" is not specifically mentioned as one of the younger Lloyd's
sisters.
All of
which leaves us with some intriguing prospects and good questions for
further research.
- Was Wickersham particularly disposed
toward capturing Magruder's killers because the two men were
brothers-in-law?
- Was Wickersham also perhaps a financial
backer of Magruder's trading venture?
- And, if so, might Wickersham have also
been motivated by the prospect of recouping some of Magruder's revenue
from the killers?
- Indeed, did Wickersham make any effort to
recoup any of his investment following the capture of the fugitives and
the securing of their gold deposit at the San Francisco mint?
- Obviously, some skilled genealogical
research is in order here -- to establish whether Magruder and
Wickersham actually were brothers-in-law.
- It would be nice, as well, to discover
more about Wesley H. Wickersham's life and career in general -- before,
during, and after the story of Magruder's ill-fated trading venture and
Beachey's brave sequel.
Send news to ronroizen@frontier.com, along
with any pdfs or other copies of the materials.
New materials,
whenever they are appropriate, will be published on
this page as
they arrive.
I'm looking forward
to hearing from you!
|