014 109 659 A Hollinger pH8.5 Mill Run F3.'1719 1^9 3 C7 3y 1 i mxj 1, tu-CX-u-c^C-*^ l''U-«^-> COiNFESSlOX AND EXECUTION OF U-" HORACE B. CONKLIN, Tried at Utsca, October 9th and lOth, AND Executed at Whitestown, November 21, 1851. ^ FOR ARSON IN THE FIRST DEGREE. NEW YORK : PRINTED FOR WILLIAII CONKLIN. ^^1 N 1851. building. I turned and went back a few steps, and I saw But- lerfield draw a match and touch it to some shavings and come away. We came up to Fayette street together, and Butterfield went down Fayette street, saying he was going to Sayre's store, and wait until it broke out. Orcutt and myself went across Fayette street and through the lane by Mr. Sayre's house, to Columbia street, down Columbia street to Genesee street, down Genesee street to Liberty street, up Liberty street to where Mr. Cozzens lives, so as to see if it burned or had gone out. We saw it burning very brightly. We then went down Liberty street to Washington street, up that to Fayette street, then down to Genesee street, and I went to Sayre's store to tell them that it would soon break out. I went into the store, and there saw Buttei field, Sayie and Mclver ; and I think some other persons, but am not positive. Butterfield and Sayre had their firemen shirts on ; think no one else. I left the store and went with Orcutt on the west side of Genesee street bridge, and I gave the alarm. Before I gave it the second time, I saw Sayre and But- terfield come out of the store. They run up Liberty street. Orcutt and mjself went up Genesee street to the engine house. I did not know that the house was lo be firtd, until Butterfield came and called me to the door, and told me, he had meant merely to make a sham fire ; not a real one. Either the same night, or very soon after, I told Robert W. Chapman, the fore- man of the company, of this, in substance as now related. A short time after this, I received a letter purporting to come from some one, who wanted a $100 of us for not telling, as he said he was acquauited with the whole transaction. I imme- diately informed Orcutt and Butterfield of it, and Butterfield said he would do nothing about it. That if any one came to him, he would sue them for trying to obtain money from him by threats. He took tiie letter and burned it up. This was at the engine house. The letter was signed by Hale or Bale, which I do not now recollect. When Orcutt and myself left Butterfield, on the night after the fire was set, Orcutt told me that the fire was kindl d m the following manner. They took an empty nail keg and then filled it with sliaviiigs, and put the paper and pieces of pitch barrel into it, and then set it on fire ; placed an empty barrel over it, and shoved it under the stair wny. This was in the part of the building adjoining the house where Collis lived. The next fire was Cooper's barn, on "Water street. The pro- posal to have a fire, proceeded from Charles 11. Say re, in the following manner : I was in Cassidy's saloon with Orcntt ; Sayre called me one side and gave me some money, and told me to give it to Orcutt, and tell him to make some fire for the boys this eve- ning ; I done so, and went wiih Orcutt. After wondering around for some length of time, we went on to Water street, and up that stieet to the barn. Went to the back side of the barn, and Or- cutt fired it underneath with some paper wliich he lighted with a match. We came away, and when the alarm was given, we went to the engine bouse. The next fire was Walker & Clarke's store house, on Wash- ington street. This was proposed by Orcutt. It' was at the engine house, when the proposal was made, one evening after a meeting of the company. He filled a lamp-filler with turpentine from a jug that was in the engine house, which was used for the purpose of mixing with oil to burn in the torches. With th's we proceeded through the lumber yard of L. Lawrence and round by Munson's millstone shop to Washington street, and went into the alley-way in the rear of the store house. Orcutt poured the tur- pentine in a place where a board was tore off, and then touched it with a match. I stood at the corner of the alley-way, keeping watch. After he lighted it, we went into the yard of Munson & Hart's and climbed over the shed, and went through the lumber yard into the engine house by the back door, and hid there until after the alarm was given, and the engine taken from the house, when we joined them, and went to the fire. Soon afcer this Charles H. Sayre told me that I was suspected of firing, by the owner, John C. Hoyt. I denied fireing, as I do now. The next fire that I know any thing about, was Harrington's barn. The evening that this was fired, a number of the members of the Company had been to Checkerville to a supper, given to the Company by R. W. Chapman, late foreman of the Company. Myself and Henry S. Newell went to Checkerville together in a wagon. On our return, when in front of the Central Hotel, we were stopped by Orcutt, who inquired where we were going, and I replied, to take the horse home, and then go home ourselves, and drove ahmg. After taking the horse home, Newell and tnysf'lf went over to the Oregon Saloon and got something to drink ; while drinking. Orcutt came in, and Newell a^-ked him to drink with us ; he coniplii^d. Newell then proposed to us, to go a part of the way home with him, and we startled. When we ar- rived in front of the Female Academy, on Genesee street, Ntwell proposed to u-< to have a fire. We said, all right. We went np Gt^ne-=ee street to Court street, up Court street to the crossing of the Chenanio Canal, then across the commons to Varick street, down Varick street to the yard ot the Central Sixth Ward House, and Orcu'.t tried to iiie it. I fell against a window and broke it, and we came away to Columliia street, up Columbia street to the office of ihe'S.eam Woolen Company, where Newell and myself Btopped. Orcutt crossed the road and entered the barn. As soon as he entered, Newell and myself started, and came dovv^n to Columbia sireet, to where it intersects with Hamilton street, and then Oicutt joined us and said, he had set it on fire. We came down to the engine house and went to the fire. After the fire was out and the engine returned to the house, I started to go home from the engine house with Rudolph Snyder, and Newell and Orcutt followed me to the door of my house, and wanted me to go with them to make another fire. I would have nothing to do with it, and they left me. The next fire that I have any personal knowledge of, is the shed of Paul Keiser, on Columbia street. This was proposed to me, by Newell, in his brother's store one evening. He filled an old rag vpith turpentine, and put it in his pocket, and af er the store was closed, we walked around the streets from one Saloon to another, drinking and smoking ti 1 it was late. We then went into West Uiica, direct to the shed, and Newell gave me the rag and ma ches, and I got upon the manger, touched a match to the segar which I was smoking, touched it to the rag, and shoved it into the loft. We came across the common, to Court street, and down to Genesee street, to Devereux street, tliroufjh that to Charlotte street, down Charlotte to Bleecker .street and up to the engine house, and from there to the fire with the Ho-e Company. Orcutt was not with us when this was done. The next iire of which I have any knowledge, was the barn of Hatch, at t!ie foot of Seneca street. This was proposed by New- ell, who said it was a good night to makeea fire, and he swore ho would not go home until there was one. Durin^the evening we were at the Garden Alley, rolling ten-pins and drinking very freely. This conversation was after we had left there. We came up Whitesboro street to S^nieca street, and Newell said that he had a spot picked out, and when we came to the alley- way he went in and I followed him. The barn door was open. We went in, and Nev/ell set it on fire in one place and myseh in another, and came away, and went into my house ; staid there in the kitchen, and built a fire in the stove; sat there uuiil the alarm was given. Newell told me that James L. Sayre was knowing to this fire the next morning afier. The next fire was the first Presbyterian church. This was proposed to me one evening in Newell's store, about two or three days l)efore it was burned, by James L. Sayre and Newell. I refused to have any thing to do with it at the time. On the night it was burned, I was in company with Newell, drinking and carousing until quite late. Newell proposed to go home with me, and stay at my house all night. When we got there, he asked me to go and walk a little farther with him. I went ; went up Liberty street to where there is a new double dwelling house, and then went across into the church yard; when we got there, Newell took two pieces of paper out of his pocket and rubbed them on the snow, and stu^-k them on the glass of the window. He said there was gum paste on the paper, and he could break the glass without making a noise. He broke one pane of the glass and myself another. This was to unbulton the window and raise the sash to get in. We went in and proceeded, through the session room, up stairs, into the steeple. We stopped in the section under the bell room. I gathered up some chips and shavings that lay on the floor, and put them in the north* 8 west corner of the room. Newell took from his pocket a sponge which was filled with turpentine, which he got at his brothbr's store, and candle also, and with the candle he lighted the sponge and threw it among the shavings and chips. I cut the bell rope off and tied a piece of shingle to the rope, so that it could not be rung. We now came away. I went home and went to bed, and staid there until called by Mrs. Morgan, who lived in the same house with me. Where Newell was, I did not know until the next day, and then Mrs. Conklin told me she saw him in our l)ack 3^ird looking through the fence at the fire. In relation to what Laupaugh swore to on my examination, I know nothing of it at all. P"or my part in this transaction I had the following ar- ticles and money given me by James L. Sayre : two penknives, one six blade Congress knife, and at different times four or five dollars m money. The next fire was Foster & Dickinson's store. This was pro- posed to me by Newell and Sayre, and by Newell to Orcutt. On the evening on which it was fired there was a false alarm of fire, and a sort of fireman's I'ow at the corner of John and Bleeck- er streets, between Columbian Ho?e Co. and Osceola Engine Co. No. 9. A part of our company was there. After going home with Columbian Hose Co. we [that is, Newell, Orcutt and my- self,] drank a number of times in a number of different places, imtil about ten or half-past ten o'clock, when we went into the alley-way by the Catherine Street House, through a shed occu- pied by John Butterfield & Son, into the yard in the rear of Tiffany's bookstore. We got upon the fence, and Orcutt got over and raised up the window, and said to me " come along, Hod." 1 got down and held the window until he got into the store, and then he held it until I got in. With the aid of a match I found an empty barrel, and into this we put some old barrel heads. I drew some turpentine and poured it on to the pieces ; the quantity was nearly half a pint. I now got out of the window. Orcutt drew a match and threw it into the barrel, and then as he came along he stopped and turned the fascet of the turpentine can, and set it to running on the floor, and then got out, and we came out the ^ame way we went in. We found Newell on the cross walk in Genesee street, between the Nation- al Hotel and Bailey's jewelry store. This tire, Newell after- wards told me, was planned, about a month previous, by himself and James L. Sayre. He said he wished it had burned up the old brush tactory. The next fire was the barn of Mr. James Sayre. This was proposed to me by his son, James L. Sayre, and it was also pro- ))Osed to Orcutt and myself by Newell. On the night that it was burned, we went round to the places as stated by Newell on my trial. And when I started to go home he proposed to go up lliere and fire tha barn. "We went. Newell went by the arch' way of the barn. I went in. I put my hand through the win- dow, or hole, which was open, and took hold of the manger and raised myself up so as to reach into the loft, drew a match and lit a handful of hay and threw it into the loft. The manger was filled with hay, and the door, or hole, opened by James L. Sayre, so he told me before the fire, and after the fire al^o. For this I received from him one four-bladed knife, three one-bladed dirk knive-i, an ivory rule, bound with German silver ; ticket to No. •Vs Company ball, ticket to promenade concert given by Colum- bian Hose Co., and money at different times to the amount of six or eight dollars, from James L. Sayre, and some eight or ten dollars from Plenry S. Newell. These are all the fires I know anything about, personally. What else I know, was told me by Orcutt and Newell. Newell told me that he fired Marsh's livery stable. Orcutt told me that be fired it with the help of Newell. Newell told me that he held the ladder, while Orcutt went up and fired Downer's stable in his lumber yard. Orcutt told me that John O'Neil and himself fired Ciark's livery stable, and that at the request of D. A. But- tt^rfield, he fired Hawley's stable, and I have no doubt of its be- ing true, for Butterfield said to me on election day, that if Charles H. Sayre was elected Alderman, there would be a rousing fire in the first ward that night ; these are the words used by him. Or- luitt also told me that he fired the barn of the Mansion House and also Wratten's carpenter shop ; and also, that John O'Neil and himself fired Millar's carpenter shop. Orc-itt also told me 10 that he and Newell fired the house of John Camp on Liberty street, No. 46, and that Newell took him into my house one night to have him fire it, but he refused. Newell got Daniel A. But- terfield to insure the house for the purpose of having it burned. He also wished me to set it on fire, and he said if I lost anything he would p;ty me for it, or ni-.ike it good to me. He also wished me to fire liis sister's house on the corner of Broadway and Lib- erty street. He proposed the same to Orcutt. He also wanted me to burn hi-; brother's store ; and told me where to get in, in the rear ot the store. One thing I had forgotten in relation to Foster & Dickinson's store — the way we got through to Tiffany's yard : James L. Sayre knocked a board off of the fence, during the day lime, on purpose for us to go through. I have received mnney from Charles H. Sayre to give Orcutt twice or three time<, and always was told to tell him to make some fun. On the day of Orcutt's arresr, J;imes L. Sayie told me that lie gave Orcuit sonii- m )ney the night before, but did not t' 11 iiim to make a fire. On the iii<;ht tb.it the two fires were in West Utica, I saw James L. Sayre give monty to Orcutt and tell him to make a fire. I saw Newell give Orcutt tliree dollars in the Oregon Saloon, to pay him for making a fire a short time before. One evening, at the City Garden Saloon, Charles O'Neil proposed to me to make A fire, and said he would give me five dollars if I won'd. but I re- fused. James L. Sayre told me that Butterfield wanted me to burn the bai'n of T, S. Faxton, because Mr. Faxton had so much nicer horses than his father. He told me that Butt rfield said it could be done from a yard in Pine street, and ihat if I would do it he would pay me well for it, but I refused all over- tures of the kind. Newell told me that he and Laupa'iiih had fired buildings some years ago, when Laupaugh was with S. V. Ole^y learning a trade. Orcutt told me that Charles H. Sriyre came up to Rome, and talked with him, and gave iiim ten dol- lars; told hira to keep still and say nothing. Chaih- II. Sayre came up here to see me early in the summer, and I told liim about his brother preparing the barn of his father, an<) hiring me to fire it. Charles H. Sayre told me a few days before I was ar- 11 rested, that there was a secret police watcliing myself and Orcutt. He said there was six men to watch Orcutt in particular. This he requested me to inform Orcutt of, but iiot to mention that he (Sayre) told me of it. I told Orcutt as he requested. Some time previous to the burning of Kaiser's barn, Henry S. Newell showed me a slow-match, which he had made of punk and ma'ches. The matches were tied around a piece of punk, leav- ing liie punk projecting at one end about half an inch, so that the matches would ignite when the punk burned up to them. The same evening he proposed to me to go with him and try it. We went into West Uiica and Newell threw it into the barn belong- ing to James Mapes, but it did not take effect. The testimony given on my trial, against me, by John R. Jones, the Sheriff, so far as relates to the confession which he swore to, is false, totally false. I never told Mr. Jones any thing Uiat implicated myself or any one else. In relation to what Laupaugh swore to on my examination about the carpenter's shop of Mr. Thomas — this is the version of it : Laupaugh, myself and Newell went into the yard in the rear of the shop, but as I understand it, he was the one who prepared to fire it, and who would have done it, if he had not been scared away by the dog. In the charge against me, made by him, of my attempting to fire Scranton's shop, I made no such attempt. I was urged to by him and Newell, but would not, and we separa ted. I am well aware that my statements do not agree with Orcutt in many particulars, but I can not help it, for I am con- vinced in my mind that my statements are correct in all particu- lars. I have just been talking with Orcutt, and he promises to write to the persons having the charge of his statements and cor- rect them, as far as he is able, in all that he can recollect, and in particular to the barn of Harrington, Cooper's barn, and Walker & Clarke's store house, as he says, he is now convinced that in them he has wronged me, although unintentionally. In relation to the burning of the barn of W. C. Maish, he has wronged me. I was not aware there had been a fire, until late the next morn- ing. In what he says in regard to the Law Buildings, I know nothiiiff at all. I never heard of it until I saw it in his sta;e- 12 ment, and it surprised me very much. I know nothing in rela- tion to Butterfield except what is reLated in this paper. And I do not state anything at all for the purpose of injuring any one. I do it as an act of justice to the public, and that my friends may know liow I actually stand in this matter. I have no ill feelings against any one, whose name is mentioned in this confession. For what wrong they have done me, I freely forgive them, and pray to God to forgive them as freely as I do. And if I have in any manner wronged them I hope they may forgive me, and pray for me, as I would not intentionally have done so, or would I for all the world. Mr. Charles H. Sayre swore on my trial that I was not a mem- ber of No. 3 fire company ; that I was only a runner. For the truth of the statement, I would refer any one who may read this, to the petition of the Secretary for the appointment of members of the company, which was approved, and petition granted by the Common Council, April 4th, 1851, one night only before I was arrested. This petition is in the hands ot Richard Lee, and I am certain that ray name will be found there. For further proof I would refer to Amos H. Scranton, who was Secretary jjart ot the time, and to whom I paid my fines and taxes ; and still fur- ther, to the receipt for one share of stock which will be found among my papers, signed by Charles H. Sayre, as Treasurer, and J. H. H. Russ, President, and which I received from Sayre in the presence of Robert W. Chapman. All this must convince any reasonable person that he was very much mistaken in that respect, if not in others. I think I have stated all that I know concerning the fires, and their origin, and what led to them. I was led into them, and af- ter they were commenced I was threatened with exposure if I did not continue. I never proposed to make a fire to any one. And I never should have made any myself, had I not been urged by James L. Sayre and H. S. Newell, and in an indirect way by Charles H. Sayre. To them I mainly charge my ruin. At the time I was engaged in painting at Concert Hall, James L. Sayre and H. S. Newell came there almost every day to talk with me, and urge me to make fires in company with him and Newell ; and told me of places which were to be burned. James L. Sayre's object, as he told me, in firing Foster & Dickinson's store, was in hopes of burning the store of his father, and New- ell wished it to burn the store of his brother at the same time. I had no ill-will against any one whose property was burned. It was done, as far as I know, for the purpose of getting the engines out and having sport. The cohsequences were hardly thought of. Refreshments furnished by the citizens after the fire, was as 13 much the object as anything I know of that produced the fires. The fire at Sayre's barn was not fired until after some two or three weeks from the time it was first proposed, and during every day of this time I was urged both by James L. Sayre and New- ell to consent to it, and I never consented until the night it was fired. And I should not have done it then had I not been in li- quor, for I never calculated to set it on fire, and I had repeated- ly said I would have notliing to do with it, but when in liquor I knew not what I did. During the time of Sayre's urging me to do it, I threatened to inform his father of it, if he did not stop talking about it, and he threatened me with exposure if I did not do as he wished. Previous to all fires, that I was ever connected with, I was filled with liquor until all sense had left me, so that I hardly knew what I was doing. The liquor was furnished by James L. Sayre and Henry S. Newell. This I solemnly declare, before God, to be true in all respects and nothing exaggerated. HORACE B. CONKLIN. LAST LETTER. WiiiTESTOWN, Nov. 20, 1851. On the very eve of suffering a violent and ignominious death, for grievous wrongs to my fellow-men ; and for a grievous viola- tion of the law of the land, I would take a moment from the short time that remains for my preparation to enter the eternal 14 world, to warn others against the causes that have involved me in the crime that consigns me to the fate so immediately at hand. I am not aware that I iiave harbored a malicious disposition, and perfectly sure that I was not impelle^', for that which I am called to die, by a rev>-ngful treatment towards any individual. I trace my ruin to heedlessness, as its ultimate cause, which left me to be easily influenced by evil associations, and to be easily con- trolled by evil companions. I am the victim, more immediately, of bar-room and saloon tip()ling, and of engine house frolic and debauchery. And with all the earnestness which my nearness to eternity gives me, I beg those who are engaged in vending in- toxicating drinks to give up their corrupt traffic. I beg the civil authorities, and all j:ood citizens, to use their powers and influ- ence to suppress the liquor trade, and to correct and guard against the abuses and evils of the Fire Department. I beg parents more faithfully to restrain their cliildren, and I especially beg young men to shun the resorts for drinking and dissipation. May God bless my example to the reformation of the wayward and vicious, and lo the protec ion of the innocent. May He bring to repentance, and forj:ive, as I heartily forgive, those who have wronged, and for a time at least, ruined me, and guilty and ill- deserving as I am, may he save me for Jesus' sake. HORACE B. CONKLIN. THE EXECUTION. The unfortunate Conklin is no more. He was executed on Friday, Nov. 21, 1851, at a quarter past 11 o'clock. His relatives had spent most of the preceding night with him in his cell, hut had bid him a last farewell before daylight. Rev. P. H. Fowler, Pastor of the First Presbyterian Church in this city, of which the unfortunate man's mother is an exemplary memlier, has been his spiritual adviser. He attended him during the morning also, and offered the consolations of the Gospel in his last moments. The pii>orier, ever since his conviction, has exhibited a proper spiiit. He has been very much broken in heart for his past mis- deeds, and has looked wiih hope and confidence for forgiveness. 15 His converjiation, with regard to such as he thought had wronged him, has all been in the most christian s^pirit. His ia-^t niglit he dechired to be the happiest of hi-; life. lie again and again pro- tested that he would choose to die rather than live the life he had lived. Kev Mr. Fowler informs us that he cannot conceive that a man in Conklin's circumstances could act better than he has done since his conviction. The instrument of death was a lever with its longer arm about two feet longer than its shorter, erected in the jail jard at Whiles boro. To the longer arm wafe attached three 56 lbs. weights. From the shorter the prisoner was sus ended. The longer arm was fastened with a cord to a beam, and by cutting the cord, the weights were made to iall, and the other arm ot the lever was suddenly raised about six feet. In the enclosure, were about two hundred persons, jurymen, special deputies, and others. The Utica Citizens' Corps, and thn Waterville Corps were on daty. At eleven o'clock, the Death Warrant, signed by Judge Grid- ley, Root, Evans, and Penfield, was read by the District Attor- ney to the prisoner in his cell. He listened to it calmly, and then shook hands with those about him. At a quarter past eleven, the prisoner was brought from his cell, accompanied by Rev. Mr. Fowler. Conklin was attired in a black dress coat and pants. His arras were bound with a cord behind his back. On his head was the death cap, and on his neck the fatal rope. He was placed on a chair beneath the gal- lows. Rev. Mr. Fowler said : Conklin wishes me to say for him that he has nothing to add to that which he has already committed to paper. But he prays that his awful example may be sanctified to all present. He prays that it may be a warning to all to shun his course, and to prepare you for the certain death which awaits you all. He entreats that you may all be ready at your appointed hours, to meet him in judgment. Rev. Mr> Fowler then offered a fervent prayer for the pardon of the prisoner, and that he might be with Clirist that hour in Paradise. Conklin said : " Lord Jesu", receive my spirit." And Mr. Fowler said : " The Lord have mercy on your soul." The prisoner was calm and exhibited no signs of fear, but met death like one who saw a better prospect beyond the tomb. While Under Sheriff Ostrom was adjusting the rope, Conklin once or twice repeated the words : " Lord Jesus, receive my spirit." Ihe death cap was pulled over the unfortunate man's face. The rope was cut. Conklin was raised several feet from the 16 ground. Ili^ neck was not broken, but the jerk rendered him insensible, and he probably sutFered no pain afterwards, although his pul-e was observed by Drs. Smith, Tallot, and Cobb, who were in attendance; to beat for from twelve to thirteen minutes after he was first su-ipended. He died by strangulation. His death was easy, though life lingered long. As he rose, he clenched his tists, but tliere was hardly another movement at first. After awhile, a few convulsions, and then all was over. The body was suffered to hang for about thirty minutes. It was the put in a coffin and brought in a hearse to the residence of his f itiier. Tiie law is satisfied. Let not its odium fall on the innocent. The rehitives and friends of the deceased should feel that they have the sympathy of all good persons, in their afflict ion. LIBRARY OF t,urn>Ktc.o 014 109 659 ft