“Remarkable Case of Arrest for Murder,” 15 April 18461
Remarkable case of Arrest for Murder.
(The following narrative has been handed us for publication by a member of the bar. There is no doubt of the truth of every fact stated; and the whole affair is of
so extraordinary a character as to entitle it to publication, and commend it to the
attention of those at present engaged in discussing reforms in criminal jurisprudence,
and the abolition of capital punishment.)
Ed.[Editors] Whig.In the year 1841, there resided, at different points in the State of Illinois, three brothers by the name of Trailor. Their christian names were William, Henry and Archibald. Archibald resided at Springfield, then as now the Seat of Government of the State. He was a sober, retiring and industrious man, of about thirty years of age; a carpenter
by trade, and a bachelor, boarding with his partner in business—a Mr. Myers. Henry, a year or two older, was a man of like retiring and industrious habits;
had a family and resided with it on a farm at Clary’s Grove, about twenty miles distant from Springfield in a North-westerly direction.—William,
still older, and with similar habits, resided on a farm in Warren county, distant from Springfield something more than a hundred miles in the same North-westerly
direction. He was a widower, with several children. In the neighborhood of William’s
residence, there was, and had been for several years, a man by the name of Fisher, who was somewhat above the age of fifty; had no family, and no settled home; but
who boarded and lodged a while here, and a while there, with the persons for whom
he did little jobs of work. His habits were remarkably economical, so that an impression
got about that he had accumulated a considerable amount of money. In the latter part
of May in the year mentioned, William formed the purpose of visiting his brothers
at Clary’s Grove, and Springfield; and Fisher, at the time having his temporary residence
at his house, resolved to accompany him. They set out together in a buggy with a
single horse. On Sunday Evening they reached Henry’s residence, and staid over night. On Monday Morning, being the first Monday of June, they started on to
Springfield, Henry accompanying them on horse back. They reached town about noon, met Archibald, went with him to his boarding house, and there took up
their lodgings for the time they should remain. After dinner, the three Trailors
and Fisher left the boarding house in company, for the avowed purpose of spending
the evening together in looking about the town. At supper, the Trailors had all returned,
but Fisher was missing, and some inquiry was made about him. After supper, the Trailors
went out professedly in search of him. One by one they returned, the last coming
in after late tea time, and each stating that he had been unable to discover any thing
of Fisher. The next day, both before and after breakfast, they went professedly in
search again, and returned at noon, still unsuccessful. Dinner again being had, William
and Henry expressed a determination to give up the search and start for their homes.
This was remonstrated against by some of the boarders about the house, on the ground
that Fisher was somewhere in the vicinity, and would be left without any conveyance,
as he and William had come in the same buggy. The remonstrance was disregarded, and
they departed for their homes respectively. Up to this time, the knowledge of Fisher’s
mysterious disappearance, had spread very little beyond the few boarders at Myers’,
and excited no considerable interest. After the lapse of three or four days, Henry
returned to Springfield, for the ostensible purpose of making further search for Fisher.
Procuring some of the boarders, he, together with them and Archibald, spent another
day in ineffectual search, when it was again abandoned, and he returned home. No
general interest was yet excited. On the Friday, week after Fisher’s disappearance,
the Postmaster at Springfield received a letter from the Postmaster nearest William’s residence
in Warren county, stating that William had returned home without Fisher, and was saying,
rather boastfully, that Fisher was dead, and had willed him his money, and that he
had got about fifteen hundred dollars by it. The letter further stated that William’s
story and conduct seemed strange; and desired the Postmaster at Springfield to ascertain
and write what was the truth in the matter. The Postmaster at Springfield made the
letter public, and at once, excitement became universal and intense. Springfield,
at that time had a population of about 3500, with a city organization. The Attorney General of the State resided there. A purpose was forthwith formed to ferret out the mystery, in putting
which into execution, the Mayor of the city, and the Attorney General took the lead. To make search for, and, if possible, find
the body of the man supposed to be murdered, was resolved on as the first step. In
pursuance of this, men were formed into large parties, and marched abreast, in all
directions, so as to let no inch of ground in the vicinity, remain unsearched. Examinations
were made of cellars, wells, and pits of all descriptions, where it was thought possible
the body might be concealed. All the fresh, or tolerably fresh graves at the grave-yard
were pried into, and dead horses and dead dogs were disintered, where, in some instances, they had been buried by their partial masters. This search,
as has appeared, commenced on Friday. It continued until Saturday afternoon without
success, when it was determined to dispatch officers to arrest William and Henry at
their residences respectively. The officers started on Sunday Morning, meanwhile,
the search for the body was continued, and rumors got afloat of the Trailors having
passed, at different times and places, several gold pieces, which were readily supposed
to have belonged to Fisher. On Monday, the officers sent for Henry, having arrested
him, arrived with him. The Mayor and Attorney Gen’l[General] took charge of him, and set their wits to work to elicit a discovery from him. He
denied, and denied, and persisted in denying. They still plied him in every conceivable
way, till Wednesday, when, protesting his own innocence, he stated that his brothers,
William and Archibald had murdered Fisher; that they had killed him, without his (Henry’s)
knowledge at the time, and made a temporary concealment of his body; that immediately
preceding his and William’s departure from Springfield for home, on Tuesday, the day
after Fisher’s disappearance, William and Archibald communicated the fact to him,
and engaged his assistance in making a permanent concealment of the body; that at
the time he and William left professedly for home, they did not take the road directly,
but meandering their way through the streets, entered the woods at the North West
of the city, two or three hundred yards, to the right of where the road where they
should have travelled entered them; that penetrating the woods some few hundred yards, they halted and
Archibald came a somewhat different route, on foot, and joined them; that William
and Archibald then stationed him (Henry) on an old and disused road that ran near
by, as a sentinel, to give warning of the approach of any intruder; that William and
Archibald then removed the buggy to the edge of a dense brush thicket, about forty
yards distant from his (Henry’s) position, where, leaving the buggy, they entered
the thicket, and in a few minutes returned with the body and placed it in the buggy;
that from his station, he could and did distinctly see that the object placed in the
buggy was a dead man, of the general appearance and size of Fisher; that William and
Archibald then moved off with the buggy in the direction of Hickox’s mill pond, and
after an absence of half an hour returned, saying they had put him in a safe place;
that Archibald then left for town, and he and William found their way to the road,
and made for their homes. At this disclosure, all lingering credulity was broken
down, and excitement rose to an almost inconceivable height. Up to this time, the
well known character of Archibald had repelled and put down all suspicions as to him.
Till then, those who were ready to swear that a murder had been committed, were almost
as confident that Archibald had had no part in it. But now, he was seized and thrown
into jail; and, indeed, his personal security rendered it by no means objectionable
to him. And now came the search for the brush thicket, and the search of the mill
pond. The thicket was found, and the buggy tracks at the point indicated. At a point
within the thicket the signs of a struggle were discovered, and a trail from thence
to the buggy track was traced. In attempting to follow the track of the buggy from
the thicket, it was found to proceed in the direction of the mill pond, but could
not be traced all the way. At the pond, however, it was found that a buggy had been
backed down to, and partially into the water’s edge. Search was now to be made in
the pond; and it was made in every imaginable way. Hundreds and hundreds were engaged
in raking, fishing, and draining. After much fruitless effort in this way, on Thursday
Morning, the mill dam was cut down, and the water of the pond partially drawn off,
and the same processes of search again gone through with. About noon of this day,
the officer sent for William, returned having him in custody; and a man calling himself
Dr. Gilmore, came in company with them. It seems that the officer arrested William at his own
house early in the day on Tuesday, and started to Springfield with him; that after
dark awhile, they reached Lewiston in Fulton county, where they stopped for the night; that late in the night this Dr. Gilmore arrived,
stating that Fisher was alive at his house; and that he had followed on to give the
information, so that William might be released without further trouble; that the officer,
distrusting Dr. Gilmore, refused to release William, but brought him on to Springfield,
and the Dr. accompanied them. On reaching Springfield, the Dr. re-asserted that Fisher
was alive, and at his house. At this the multitude for a time, were utterly confounded.
Gilmore’s story was communicated to Henry Trailor, who, without faltering, re-affirmed
his own story about Fisher’s murder. Henry’s adherence to his own story was communicated
to the crowd, and at once the idea started, and became nearly, if not quite universal
that Gilmore was a confederate of the Trailors, and had invented the tale he was talling[telling], to secure their release and escape. Excitement was again at is zenith. About 3
o’clock the same evening, Myers, Archibald’s partner, started with a two horse carriage,
for the purpose of ascertaining whether Fisher was alive, as stated by Gilmore, and
if so, of bringing him back to Springfield with him. On Friday a legal examination
was gone into before two Justices, on the charge of murder against William and Archibald.
Henry was introduced as a witness by the prosecution, and on oath, re-affirmed his
statements, as heretofore detailed; and, at the end of which, he bore a thorough and
rigid cross-examination without faltering on exposure. The prosecution also proved
by a respectable lady, that on the Monday evening of Fisher’s disappearance, she saw
Archibald whom she well knew, and another man whom she did not then know, but whom
she believed at the time of testifying to be William, (then present;) and still another,
answering the description of Fisher, all enter the timber at the North West of town,
(the point indicated by Henry,) and after one or two hours, saw William and Archibald
return without Fisher. Several other witnesses testified, that on Tuesday, at the
time William and Henry professedly gave up the search for Fisher’s body and started
for home, they did not take the road directly, but did go into the woods as stated
by Henry. By others also, it was proved, that since Fisher’s disappearance, William
and Archibald had passed rather an unusual number of gold pieces. The statements
heretofore made about the thicket, the signs of a struggle, the buggy tracks, &c.[etc.], were fully proven by numerous witnesses. At this the prosecution rested. Dr. Gilmore
was then introduced by the defendants. He stated that he resided in Warren county
about seven miles distant from William’s residence; that on the morning of William’s
arrest, he was out from home and heard of the arrest, and of its being on a charge
of the murder of Fisher; that on returning to his own house, he found Fisher there;
that Fisher was in very feeble health, and could give no rational account as to where
he had been during his absence; that he (Gilmore) then started in pursuit of the officer
as before stated; and that he should have taken Fisher with him only that the state
of his health did not permit. Gilmore also stated that he had known Fisher for several
years, and that he had understood he was subject to temporary derangement of mind,
owing to an injury about his head received in early life. There was about Dr. Gilmore
so much of the air and manner of truth, that his statement prevailed in the minds
of the audience and of the court, and the Trailors were discharged; although they
attempted no explanation of the circumstances proven by the other witnesses. On the
next Monday, Myers arrived in Spingfield, bringing with him the now famed Fisher, in full life and proper person. Thus ended
this strange affair; and while it is readily conceived that a writer of novels could
bring a story to a more perfect climax, it may well be doubted, whether a stranger
affair ever really occurred. Much of the matter remains a mystery to this day. The
going into the woods with Fisher, and returning without him, by the Trailors; their
going into the woods at the same place the next day, after they professed to have
given up the search; the signs of a struggle in the thicket, the buggy tracks at the
edge of it; and the location of the thicket and the signs about it, corresponding
precisely with Henry’s story, are circumstances that have never been explained.
William and Archibald have both died since—William in less than a year, and Archibald
in about two years after the supposed murder. Henry is still living, but never speaks
of the subject.
It is not the object of the writer of this, to enter into the many curious speculations
that might be indulged upon the facts of this narrative; yet he can scarcely forbear
a remark upon what would, almost certainly have been the fate of William and Archibald,
had Fisher not been found alive. It seems he had wandered away in mental derangement,
and, had he died in this condition, and his body been found in the vicinity, it is
difficult to conceive what could have saved the Trailors from the consequence of having
murdered him. Or, if he had died, and his body never found, the case against them,
would have been quite as bad, for, although it is a principle of law that a conviction
for murder shall not be had, unless the body of the deceased be discovered, it is
to be remembered, that Henry testified he saw Fisher’s dead body.
1Although published anonymously in the Quincy Whig, this piece was known to Abraham Lincoln’s friends to have been written by Lincoln.
At the time of the incident in 1841, Lincoln also wrote a long letter to Joshua F. Speed detailing the entire story.
Ward H. Lamon, The Life of Abraham Lincoln from His Birth to His Inauguration as President (Boston: James R. Osgood, 1872), 317-21.
Copy of Printed Document, 1 page(s), Quincy Whig (Quincy, IL), 15 April 1846, 1:3-5.