The following is from the files of the Crittenden Press November 5th and 12th, 1920. It tells the story of the first man legally hanged in Crittenden County.
THE HANGING OF THORN WALLINGFORDBy: R. C. Haynes
The first legal hanging in Crittenden County was that of William Thorton Wallingford. The execution took place on Friday, September 17, 1852.
Wallingford lived on a farm near Pickering Hill on the Fords Ferry Road, some seven or eight miles from Marion, the place that was afterwards owned by John Robinson. He was married and at this time had a wife and one child, a baby scarcely a year old. The house was a log building with two rooms in front and with other rooms back on each side. Wallingford and his family occupied only one end of the building, the rooms in the other end being vacant. Wallingford also had a blacksmith shop near his residence, and did work for the public.
Thorn Wallingford, though descended from a good and respected family, was generally looked upon by his neighbors with disfavor, though no crime had heretofore been charged against him. Added to his other shortcomings as a citizen and a husband, he was unfortunately addicted to the immoderate use of strong drink, which it seemed, more than anything else, led to the brutal crime for which he suffered the extreme penalty of the law. He seems to have been so constituted that when under the influence of liquor he was entirely deprived of reason, judgment and all the better feelings of humanity.
One morning, leaving his wife and child at home, Wallingford went to Weston, remaining all day, during which time he frequented the tavern bar. Such visits to the saloon were of common occurrence from him and the people of that town thought nothing of it. Long after nightfall, he left Weston and started for home.
It happened that some movers, consisting of a man and his wife and a number of children, on their way to Missouri, late that evening stopped and asked for shelter during the night. Mrs. Wallingford gave them permission to pass the night in the unoccupied section of the building. This they accepted gladly.
Wallingford, arriving home about midnight, insanely drunk and possessed with the demons of darkness, found his wife and baby in bed and perhaps asleep, murdered them in a most brutal way. Finding out in some way that the movers occupied the other end of the building, dragged his wife from bed and tramped her to death on the floor. He then took the baby, threw it in the fire heating the house. The movers, hearing the cries, rushed into the room, but too late to save the life of the wife or child.
Quickly notifying the neighbors, a warrant was issued for the arrest of Wallingford, and by daylight, Sheriff M. B. Haynes and one or two deputies went out searching for him. They went to the scene of the tragedy, but Wallingford was nowhere about the place. Following what they took to be his footprints, they came to a woods, and after searching for some time, found Wallingford on a pile of rails asleep. They arrested him and told him that he was charged with the murder of his wife and child. He appeared unconcerned and told the officials he knew nothing about the crime.
The sheriff took the prisoner to Marion and turned him over to the custody of Jailer John H. Bruff. The jail was a log structure, two stories high. The walls of the building were of three thicknesses. The inner and outer walls were built of large logs lying horizontally, while between these two walls was another wall made of logs equally as large, standing upright. There was no chimney or flue and no means of heating the building.
There was no local newspaper in Marion at that time, yet the news of the crime spread, much excitement prevailed, and for a time mob violence was feared.
Owing to the absence of the movers as witnesses, the case was continued for a number of terms of court. Finally, however, the case came up for trail at the fall term of the Crittenden Circuit Court, Sept., 1852, Judge R. K. Williams on the bench; Oscar Turner, Commonwealth Attorney, and Sumner Marble, County Attorney. Mr. Turner being ill, the court appointed Wiley P. Fowler to represent the commonwealth. The defense was represented by Nathan R. Black and Chester C. Cole, both members of the Marion bar. Other county officials than those we have named were R. G. Steward, circuit clerk; Berry S. Young, county clerk; David B. Carter, county judge; William Hogard, assessor, and A. J. Brasher, coroner.
When Judge Williams had called the court to order the case of the Commonwealth vs. William T. Wallingford was read from the docket. The accused was brought in by Jailer Bruff and the charge of willful murder pleads not guilty. After much consultation with witnesses the attorneys on both sides announced ready for trial. The most noted trial that had ever come up in Crittenden County Court was now on, and the courtroom was packed with people from all over the county. Two days of the court were taken up in impaneling a jury, since, owing to the nature of the crime and the publicity given it, so many of those summoned by the sheriff to act as jurors had previously ''formed or expressed an opinion in the case." At last, however, the panel was made up all of whom, collectively and individually, the attorneys of both sides "liked." The gentlemen who served as jurors were as follows: John L. Adams, foreman; P. A. Johnson, William Banks, Andy Woodall, James Harvey Travis, William P. Stallions, William H. Minner, James B. Foggs, William Fritts, Thomas S. Alvis, Richard Williams and A. B. Perkins.
After the jury had been sworn and had taken their seats the witnesses in the case were called and responded to their names as follows: B. S. Pickering, Rose Williams, George M. McDowell, Jesse McMillian, Charles Lisenby, G. H. Williams, James Pickering, Lena Pickering, Thomas L. Dean and Alex Dean.
It was a hotly contested legal battle, the best of talent and ability being engaged on both sides. Just what nature of testimony given, the records do not show; but after the evidence on both sides had been given and the attorneys had "rested," the court gave his instructions to the jury.
Four speeches were made to the jury, two on each side, Nathan R. Black and Chester C. Cole for the defense and Wiley P. Fowler and Sumner Marble for the Commonwealth. Sheriff Duke Haynes took the jury to their room to deliberate and the crowd in the courtroom waited anxiously and impatiently to hear the result. The accused man was apparently the most unconcerned man in the courtroom.
"Gentlemen have you reached a verdict?" inquired the court. "We have," answered the foreman. "And do each of you gentleman concur in the verdict rendered?" inquired the court. "We do." answered each of the remaining eleven jurors.
Amid almost breathless silence Circuit Clerk Stewart read: "We the jury find the accused William T. Wallingford guilty as charged and fix his punishment at hanging by the neck until he is dead." The condemned man sat in stolid indifference.
Turning to the prisoner at the bar the court asked, "Have you any statement to make or reasons to offer why the sentence of death should not be passed upon you?"
Rising to his feet, Wallingford said, "I am innocent, or, if I killed my wife and child I was too drunk to know anything about it." Judge Williams fixed the 17th day of September as the day of execution.
Friday, Sept. 17th, 1852 was a notable day in Crittenden County. Unlike the executions of today, it was public and the occasion drew people from all over this and adjoining counties. A larger crowd was in Marion on that day, it is said, than there ever was before or ever has been since. Everybody went, men, women and children. Slaveholders gave their colored people a holiday and they made the occasion a day of jubilee.
When the hour of execution drew near, an oxcart in which a coffin was placed was driven to the jail by a man named Vickers, and Wallingford was placed upon the coffin. Vickers then started the ox team and the procession moved on down the Fords Ferry Road, proceeded by a company of two hundred militia under the command of Major Franklin and followed by an immense crowd of people.
Down the road a half-mile or more in a field to the left of the road, now owned by Mrs. J. P. Pierce, stood a tree with large branches outspreading. This tree was chosen as a scaffold. When the procession neared the scene Major Franklin with the Militia formed a circle around the scaffold to keep back the crowd, the team of oxen drawing the cart on which the condemned man sat was driven under the limb. In every direction from the scaffold was an immense crowd of people, expectantly waiting. Parents held up their little children in their arms that they might get a better view.
In those days there was no official hangman and it devolved upon the sheriff to tie the knot around the condemned man's neck. Sheriff Duke Haynes was a man so constituted that he shrank from taking the life, though legally, of a fellow human being, and he shrank from the imposed duty. Deputy Sheriff J. H. Walker would rather resign than to tie the knot. There was therefore nothing else to do; the sheriff must "face the music" and tie the fatal knot around the victim's neck.
While Wallingford sat upon his coffin apparently unmoved and unconcerned, the sheriff stood by with the rope, his hands trembling and his knees shaking. At this time a man pushed through the crowd, passed through the circle of militia and stepped up to the sheriff. The man was William Perkins. "Duke," said the man to the trembling official, "give me five dollars and I will tie the knot." Without any equivocation as to the price, the sheriff accepted the terms and gave the rope to Perkins.
A short religious service was held. Rev. Joel Grace, pastor of the Crooked Creek Baptist Church, read a portion of scripture and began a discourse. He was an able preacher, but the surroundings and the solemnity of the occasion were too much for the minister. He shook, as if with an ague. Finding he could not proceed, he called on Rev. Aaron Moore, pastor of the Marion Methodist Church, to conclude the service. Bro. Moore responded by singing "There is a Land of Pure Delight", and offered a prayer for the soul of the condemned man.
The crowds were immense. Every tree available was filled with boys, black and white. A limb of an apple tree standing near broke under the weight on it, throwing a number of boys to the ground.
The sheriff told Perkins that the hour of execution had arrived. The newly made deputy tied the knot in the rope and put the noose around Wallingford's neck. The sheriff turned his back to the scaffold, refusing to witness the death scene. Vickers started the oxen, the cart rolled from under the limb, and Wallingford dangled in the air, the fall breaking his neck. In a few minutes two physicians, Dr. John S. Gilliam and the other probably, Dr. J. C. Elder, pronounced him dead. Thorn Wallingford had paid the penalty for his crime, the friends of the murdered wife and child had been avenged and the "majesty of the law" had been upheld.
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Note: The property owned by James Perry Pierce (1841-1916) began near where U. S. 60 East and Fords Ferry Road intersect. The large brick house on the lot formed by Fords Ferry Road and Pierce Street was built for J. P. Pierce by F. B Heath in 1880. Farther down Fords Ferry Road across from the Church of God is where the hanging took place.
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