NEGenWeb Project
Nance County, Nebraska
Debney/Debany murder [handwritten - Fullerton Journal]
A LYNCHING PARTY That Failed to Secure Its Victim and Nearly Caused Another Murder.
DEPUTY SCHERIFF BAKE SHOT.
The Affair Bungingly Handled and Instead of the Murderer Meeting His Just Deserts
One of Our Leading Citizens [Receives] a Bullet In His Head.
Ever since Debany's brutal shooting of his wife there has been rumors of lynching in case of the woman's death. The death of the wounded woman on Monday brought matters to a climax and on Tuesday morning about 3 o'clock a band of some ten masked men took possession of Gay's hotel, where the prisoner was kept in charge of Deputy Sherrifs Bake, Benson and Long and demanded admission to the room where the prisoner was kept under guard awaiting his preliminary trial. They were refused admission and promptly battered down the door with a ladder. The deputies, however, stood by their man and to frighten the crowd Deputy Bake fired two shots from his revolver into the ceiling. This brought a shot from one of the lynchers, probably for the purpose of intimidating the deputies but the shot took effect in the back of C. F. Bake's head. He instantly cried out, "My God, boys, you have killed me." At the horror that they had killed one of Fullerton's most respected citizens, who was nobly doing his duty to the State by guarding his prisoner, all desire of lynching the prisoner was forgotten and the crowd dispersed. The wounded man was given immediate attention and it is hoped that the wound will not prove fatal. The bullet struck behind the ear and ranged downward under the muscles of the neck.
The patient is resting easy and is perfectly conscious. The bullet has not yet been found, but it is expected that it will be located later on, when it can be extracted.
The murderer was badly frightened and crawled under the bed during the melee. His preliminary hearing was held before Judge Edgington on Wednesday, County Attorney Critchfield and J. W. McClelland appearing for the State and T. C. Reid, of this city, and M. V. Mondy, of Genoa, for the prisoner. The latter, through his attorneys, waived examinatio[u]n and was bound over to the district court. He was committed to the Platte county jail at Columbus to await trial.
The prospect is good that he will either be lynched or escape before the trial, as the jail at Columbus would not stand a very determined siege wither from without or within. It is certainly to be regretted that his worthless carcass should be the cause of pain and possibly death to one of our honored citizens.
Later: Today the ball was located and Dr. Smith, assisted by Drs. Barber and Johnson, performed an operation which was entirely successful. The ball was removed and a drainage tube inserted. The wounded man is doing as well as could be expected.
LYNCHERS AFTER DEBANY.
Genoa Wife Murderer Narrowly Escapes a Mob at Fullerton.
FULLERTON, Neb., July 11---{Special Telegram to THE BEE}--- A mob of fifteen or twenty masked men made a raid on the Gay hotel this morning about 3 o'clock with the intention of lynching Debany, the wife murderer, who was being guarded by Deputy Sheriff Bake, W. C. Benson and William Long. The prisoner was located in an upper room of the hotel.
The mob demanded of the officers admission to the room, which was promptly refused, whereupon they proceeded to break in the door with a ??? ladder. The guards succeeded ?? keeping between the mob and the prisoner for a while, when suddenly the deputy sheriff discharged his revolver in the air to intimidate the crowd. One of the gang fired a revolver at the officer hitting him in the side of the head just back of the ear. As soon as they learned that the deputy was shot the mob dispersed, forgetting the prisoner who had secreted himself under the bed.
While the citizens here feel that Debany should hang for his crime one and all stro[u]gly denounce the action of the mob, Mr. Bake's physician says the wound his patient received is not necessarily fatal, but may prove so should blood poisoning set in.
Debany had his preliminary examination this morning at 10 o'clock before County Judge Edgington. The state was represented by County Attorney Critchfield and J. W. McClelland.
Mr. Moudy of Genoa and T. C. Reid of this city appeared for the prisoner. Through his counsel he waived examination, and after the state had introduced positive testimony showing the defendant guilty of the murder of his wife on July 4 he was held to district court and committed to Platte county jail to await trial October 30.
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Dr. Smith assisted by Drs. Barber, J. F. and F. W. Johnson performed a surgical operation on Deputy Sheriff Bake this forenoon, removing the bullet from the back part of his head where it was lodged. The physicians say that Mr. Bake stood the operation manfully and barring blood poisoning he will shortly be able to be on the street again. It is to be greatly hoped that he will not suffer any relapse as he is highly esteemed by all who know him.
[handwritten: Herald News]
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AFTER DEBANEY. Twenty Masked Men Make Bungling Work and Withdraw.
FULLERTON, Neb., July 11---This morning at 2 o'clock about twenty masked men went to Gay's hotel, where Andrew Debaney, the Polander wife murderer, was being kept under guard, pending the preliminary hearing, and broke down the door. The prisoner was being guarded by Deputy Sheriff Ba[t]e, William Benson and Constable William Long of Genoa. As soon as the door was broken down two of the masked mob shoved their revolvers through the door. Ba[t]e shot his revolver twice into the ceiling to intimidate the mob. At this juncture some one pulled his revolver and shot the deputy, the ball striking the right temple and circulating around the head and down. The wound will not prove fatal. The guards then made a strong resistance and the balance of the mob, seeing that bad work had been done, withdrew, and the murderer still lives.
FULLERTON, NEB., JULY 14, 1893. A MOB!
Tuesday Morning One is Organized to Lynch Debany.
The Guards Make a Successful Resistance.
C. F. Bake Wounded in the Affray.
The Wound Will Not Prove Fatal.
One Hundred Dollars Reward Offered by the City.
The Prisoner is Arraigned,--Waives Examination and is Bound Over Without Bail.
Confined in the Jail at Columbus Awaiting Trial at the August Term.
Monday word was received from Columbus that Mrs. Debany had died the day before at 2 o'clock, never having regained consciousness from the time her brutal husband had sent three bullets crashing into her body, and stamping her face out of all semblance. The prisoner was captured shortly after the POST sent to press Friday. He was found in the loft of a barn hiding under the hay on a farm about four miles south of where the crime was committed. He was taken to Genoa by the posse who found him and turned over to the sheriff and Constable Long, who brought him to Fullerton, arriving here about 9 o'clock. A large crowd had formed around the hotel when the carriage drove up with the murderer, all eager to get a look at the inhuman monster. Ugly talk could be heard on all sides at this time, but owing to the uncertainty of the condition of the victim no organized effort was made on the part of an enraged community to meet out any summary vengeance.
He was taken to rooms in the hotel and guards placed over him until Tuesday when his preliminary hearing before the county judge was called. After the word came that the victim of his wrath had died, little knots of men stood around on the corners in groups talking of the cold blooded and brutal affair. To add to the determination of taking the law in their hands it was cited that six murders had been committed on Nance county soil and no one ever punished. However, but few of our citizens believed that an attempt would be made to take the culprit's life, the better element arguing it was best for the law to take its course and retired with the firm conviction that this would be the result.
It was just 2 o'clock that Wm. Benson, one of the guards who was on watch, heard the mob strike the foot of the stairs. He at once aroused Deputy Sheriff Bake and Constable Wm. Long who were sleeping in the same room. The men lost no time in jumping into their clothes and bracing themselves against the door. A voice from without demanded admittance which was denied. A long ladder used in getting on the roof of the house, was then brought into requisition with which to batter down the door. After the door was broken in, C. F. Bake fired his revolver twice into the ceiling for the purpose of intimidating the masked mob. No sooner was this done than some one, presumable more nervous than otherwise, allowed his revolver to discharge, the bullet striking C. F. in the lobe of the left ear and circulating around to the back of the head and then down. By this time the ladder had been brought into the room, with one end braced against the door and the other end in the hands of Benson and Long, held in such a manner as to keep the mob back. Benson told the mob they could see they had shot Bake and they would all hang and the best think they could do would be to clear out. They stood and looked around for a moment and then departed without molesting the prisoner, who by this time had crawled out from under the bed where he had taken refuge when the mob first made its appearance.
A great many regrets were expressed for Mr. Bake by our people on learning of the affair the next morning. No one seemed to care if the mob had got hold of Debany and stretched his neck, but their failure to do so and the accident to Mr. Bake cast a gloom over the city.
Dr. Smith who lives close to the hotel had been aroused by the firing of pistols, was soon on hand and rendered such assistance as was needed and at the right time. While no harm was done Debany, the guards say he was as good as scared to death and expected that his time had come. In talking to the POST Tuesday morning he said he felt very sorry for Mr. Bake and wished that it had been himself who was shot--a wish we frankly confessed, that was enjoyed by all.
Tuesday morning at 9 o'clock the prisoner was arraigned before Judge Edgington and charge of murder read to him. He waived examination and the judge held him to the district court on the charge of murder in the first degree without bail. He was taken to Columbus on the 11 o'clock train for safe keeping.
The case will doubtless be called for trial in August, and from the evidence now in the possession of the prosecution, but little time will be consumed in meeting out justice to one of the most brutal and cowardly murders ever committed by moral man.
A great many censure the mob for going on such an errand with revolvers of any kind. To be sure they were not needed, and but few believe but what the shot fired was an accidental one and no harm was intended. At the hotel all was confusion and pandemonium reigned supreme.
At this writing Mr. Bake is getting along all right and if the wishes of his friends avail, he will soon be himself again.
Early the next morning Mayor Morgan had the following notice scattered about town: "One hundred dollars reward will be paid for information leading to the arrest and conviction of the person who shot C. F. Bake Tuesday morning."
As all of the mob were masked it is a difficult matter to tell who was there and it is one of those peculiar cases that no one wants to know if no harm should follow of a serious nature to any of the officers who bravely done their sworn duty under the circumstances.
LATER---Yesterday the doctor located the bullet in C. F. Bake's neck and it was taken out. It is of 32 calibre. The doctors express no fear of blood poisoning or other serious results. It is to be sincerely hoped the patient will soon be out.
STORY OF DEBNEY'S CRIME Fullerton Wife Murderer Takes the Witness Stand in His Own Behalf.
WHERE HE WAS FIRST CONCEALED
Hid Near the Scene of Crime While His Pursuers Were Miles Away--Rapid Progress Made in the Case.
FULLERTON, Neb., Jan 11.--{Special to THE BEE}--The trial of the Debney case was continued today by the attorneys with great care, but with remarkable dispatch. The state called and examined a dozen or more witnesses, all of whom testified that Debney's wife came to her death by gunshot wounds in the head, right shoulder and right breast. The little 11-year-old daughter of the defendant testified that the accused did the shooting with a revolver, a charge which the defense does not deny.
Dr. C. D. Evans of Columbus testified that he visited the injured woman at the house where she had been shot on July 5 and found her in an unconscious state. She had received three gunshot wounds; that she had also been kicked on the head, breast, sides and abdomen in a brutal manner; that her lower jaw was fractured on the right side and separated at the chin.
During the doctor's testimony he exhibited to the court and jury that portion of the skull of the dead woman through which the ball passed, together with the bullet which he found at the post mortem lodged near the right temple. He testified that the victim died from the effects of the wound made by this bullet, which was discharged from a 32-caliber revolver. The state rested at 3 o'clock this afternoon.
Testimony of the Defense. The defense called a brother-in-law of the defendant, who testified that he had known the defendant since boyhood. He knew that the defendant had been caught in a machine many years ago which tore off his scalp and fractured his skull. From the time the defendant met with this injury, during warm weather, he at times became wild and uncontrollable. The accused and wife lived happily until a few years ago, but he had not seen much of them the last few years.
The testimony of this witness was not shaken by the cross-examination of the state.
The defense then called a 13-year old son of the murdered woman and the defendant, who testified that the next morning after the mother was shot he found his father in the hay loft of the barn at home, and that he asked him what made him shoot his mother, when his father exclaimed: "My God! my Jesus! my Mary! What have I done?"
He told his father that a lot of men were hunting for him, and if they found him they would hang him. His father then went to the brush growing on the bank of the river, and he never saw him again until he was arrested.
Debney was then put on the stand to testify in his own behalf. He said he was 49 years old; had been married twice; had four children by his first wife, three of whom met with accidental and painful deaths while quite young. The witness then told in a pathetic manner the story of the death of his first wife and the accidents which had befallen him since coming to America.
Court then adjourned.
SAW HER MOTHER MURDERED. Andrew Debeny's Little Daughter Testifies Against Her Father.
HIS CONDITION AT THE TIME EXPLAINED
Was Drunk When the Crime was Committee--Much Interest Manifested by the Citizens of that Part of the State.
FULLERTON, Neb., Jan 10.--{Special to THE BEE.}--Judge Sullivan opened court yesterday at 10 o'clock with the case of Andrew Debney, charged with wife murder. The attorneys at once proceeded to select a jury, and were agreeably surprised in having a jury ready to try the case by 2 o'clock. It consists of a nice set of men, all farmers with two exceptions. The names are:
O. S. Finch, George Ferris, W. J. McCay, H. Lockhard, C. W. Dean, A. W. Inman, Frank Hinshilwood, Nels Jensen, John Peters, sr., Will H. Davis, L. M. Castle and J. S. Thompson.
The prosecution is being conducted by County Attorney W. F. Critchfield, assisted by M. Q. Brower, and the defense by Alberts & Reeder of Columbus, Reid & Morgan and J. W. McClelland of Fullerton. Critchfield made the opening address for the prosecution and Reid for the defense. Both were quite brief.
The witnesses for the prosecution are now being examined. The court room has been crowded all day with men and women from all parts of the county, eager to listen to the horrible story of the most atrocious crime ever enacted in this part of the state as related by the witnesses for the state, two of whom are the 6 and 11-year-old daughter of the defendant, who was a witness to the tragedy. Her testimony was taken through an interpreter, and showed that her father and mother had lived unhappily together since she could remember, and that the murder was committed when her father was in a passion, and as she expressed it, "was wild."
Nothing startling as yet in the way of evidence has come to the surface. The defense has not indicated just what line it will pursue, but it will probably be temporary insanity, superinduced by the use of alcohol.
The best of order prevailed all day, and with few exceptions every one seems to feel that the law should take its course and mob force discountenanced.
[handwritten: Omaha Bee]
[J]anuary 10, 1894FULLERTON MURDER TRIAL Andrew Debney Must Answer for Slaying His Wife.
HOW THE AWFUL CRIME WAS COMMITTED
He Escaped a Mob of Indignant Citizens as a Result of Efforts of Determined Guards--Details of the Case.
FULLERTON, Neb., Jan 9--{Special to THE BEE.}--District court convened here yesterday, Judge Sullivan presiding. The most important case to be tried here this term is that against Andrew Debney for the wife murder. Debney, July 4, 1893, went the house where his wife was stopping near Genoa, in this county, and shot, kicked and beat her and ran away, leaving her in a dying condition. He was caught two days later hiding in a strawstack and brought to Fullerton to await examination. In the meantime his wife was taken to the hospital at Columbus, where she could have the best medical treatment, but died in about five days, having never recovered consciousness. The night the murderer was brought to Fullerton he was taken to Gay's hotel and placed under guard. The next morning after the death of the wife fifteen or twenty masked men broke into the hotel and demanded admittance to Debney's room. The officers ordered the mob to leave, which they refused to do. The avengers broke down the door, one of them firing a shot which wounded Deputy Sheriff Bake. The officers succeeded, however, in dispersing the mob. The next day the murderer had his preliminary hearing andwas committed to the Columbus jail to await trial, where he has since been confined. He was brought to Fullerton last night from Columbus by Deputy Sheriff Bake. His appearance in the court room this morning was that of a man under intense mental strain. All the preliminary motions made by the counsel have been settled by the court, and the attorneys are now at work examining jurors of the regular panel as to their qualifications.
NOTE: All the above sent by Jane Nearing. Thank you!"My husband's ggrandfather was Deputy Bake. It appears that this story gripped the area for quite a while!
We still have the bullet and bone chip from Cyrus Franklin Bake's head." Jane Nearing
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