Wallace Wilkerson ( – May 16, 1879)
was an
American
American(s) may refer to:
* American, something of, from, or related to the United States of America, commonly known as the "United States" or "America"
** Americans, citizens and nationals of the United States of America
** American ancestry, pe ...
stockman who was
sentenced to death
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
by the
Territory of Utah
The Territory of Utah was an organized incorporated territory of the United States that existed from September 9, 1850, until January 4, 1896, when the final extent of the territory was admitted to the Union as the State of Utah, the 45th state. ...
for the murder of William Baxter. Wilkerson professed his innocence,
but chose to die by
firing squad
Execution by firing squad, in the past sometimes called fusillading (from the French ''fusil'', rifle), is a method of capital punishment, particularly common in the military and in times of war. Some reasons for its use are that firearms are us ...
over
hanging
Hanging is the suspension of a person by a noose or ligature around the neck.Oxford English Dictionary, 2nd ed. Hanging as method of execution is unknown, as method of suicide from 1325. The ''Oxford English Dictionary'' states that hanging i ...
or
decapitation
Decapitation or beheading is the total separation of the head from the body. Such an injury is invariably fatal to humans and most other animals, since it deprives the brain of oxygenated blood, while all other organs are deprived of the i ...
.
The execution was botched; Wilkerson took up to 27 minutes to die because the
firing squad
Execution by firing squad, in the past sometimes called fusillading (from the French ''fusil'', rifle), is a method of capital punishment, particularly common in the military and in times of war. Some reasons for its use are that firearms are us ...
missed his heart.
His case, ''
Wilkerson v. Utah
''Wilkerson v. Utah'', 99 U.S. 130 (1879), is a United States Supreme Court of the United States, Supreme Court case in which the Court affirmed the judgment of the Supreme Court of the Utah Territory, Territory of Utah in stating that execution by ...
'', was heard by the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
and continues to be cited in present-day
case law
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a l ...
involving
cruel and unusual punishment
Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisd ...
.
Background
Wallace Wilkerson was born in
Quincy, Illinois
Quincy ( ), known as Illinois's "Gem City", is a city in and the county seat of Adams County, Illinois, United States, located on the Mississippi River. The 2020 census counted a population of 39,463 in the city itself, down from 40,633 in 2010. ...
, to a
Mormon
Mormons are a religious and cultural group related to Mormonism, the principal branch of the Latter Day Saint movement started by Joseph Smith in upstate New York during the 1820s. After Smith's death in 1844, the movement split into several ...
family. At the age of eight, he moved with his parents to the
Territory of Utah
The Territory of Utah was an organized incorporated territory of the United States that existed from September 9, 1850, until January 4, 1896, when the final extent of the territory was admitted to the Union as the State of Utah, the 45th state. ...
. At the age of seventeen, Wilkerson was working as a
stockman and
horse breaker
Horse training refers to a variety of practices that teach horses to perform certain behaviors when commanded to do so by humans. Horses are trained to be manageable by humans for everyday care as well as for equestrian activities from horse r ...
. He enlisted several times in the military, once serving as a
drummer
A drummer is a percussionist who creates music using drum
The drum is a member of the percussion group of musical instruments. In the Hornbostel-Sachs classification system, it is a membranophone. Drums consist of at least one mem ...
in
San Francisco, California
San Francisco (; Spanish for " Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the fourth most populous in California and 17th ...
.
In 1877, Wilkerson lived at
Payson in
Utah Territory
The Territory of Utah was an organized incorporated territory of the United States that existed from September 9, 1850, until January 4, 1896, when the final extent of the territory was admitted to the Union as the State of Utah, the 45th state. ...
and worked with his brothers at
Homansville. He frequented a saloon nearby at
Eureka
Eureka (often abbreviated as E!, or Σ!) is an intergovernmental organisation for research and development funding and coordination. Eureka is an open platform for international cooperation in innovation. Organisations and companies applying th ...
. The bartender, William Baxter, called Wilkerson a "California Mormon", which was considered a slur, and once used a
six shooter to break up a conflict between Wilkerson and another patron in the saloon.
Death of William Baxter
On June 11, 1877, Baxter stopped at a saloon owned by James Hightower in the
Tintic Mining District while on the way to Homansville. He met Wilkerson and the two began to play a card game of
cribbage
Cribbage, or crib, is a card game, traditionally for two players, that involves playing and grouping cards in combinations which gain points. It can be adapted for three or four players.
Cribbage has several distinctive features: the cribbag ...
for money. An argument broke out between the men over accusations of cheating. Baxter attempted to back out of the struggle, but was fatally shot in the forehead and
temple
A temple (from the Latin ) is a building reserved for spiritual rituals and activities such as prayer and sacrifice. Religions which erect temples include Christianity (whose temples are typically called churches), Hinduism (whose temples ...
by Wilkerson, who then fled. The next morning, the coroner examined the body of Baxter, who was determined to have been unarmed at the time of the shooting. Authorities quickly captured Wilkerson and kept him under guard in
Goshen to prevent him from being
lynched
Lynching is an extrajudicial killing by a group. It is most often used to characterize informal public executions by a mob in order to punish an alleged transgressor, punish a convicted transgressor, or intimidate people. It can also be an ex ...
.
[ ]
Trial
Wilkerson was
indicted
An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of an ...
for
premeditated murder
Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the c ...
by a
grand jury
A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a pe ...
. On September 29, 1877, he pleaded not guilty and was placed in the
Utah County
Utah County is the second-most populous county in the U.S. state of Utah. The county seat and largest city is Provo, which is the state's third-largest city, and the largest outside of Salt Lake County. As of the 2020 United States Census, the ...
jail.
Wilkerson's trial at the
First District Court of Utah Territory commenced on November 22. He was convicted by the jury two days later.
On November 28, state district judge P. H. Emerson sentenced Wilkerson to death and set an execution date of December 14, 1877.
Wilkerson chose to be
executed by firing squad
Execution by firing squad, in the past sometimes called fusillading (from the French ''fusil'', rifle), is a method of capital punishment, particularly common in the military and in times of war. Some reasons for its use are that firearms are us ...
instead of the other options of
hanging
Hanging is the suspension of a person by a noose or ligature around the neck.Oxford English Dictionary, 2nd ed. Hanging as method of execution is unknown, as method of suicide from 1325. The ''Oxford English Dictionary'' states that hanging i ...
or
decapitation
Decapitation or beheading is the total separation of the head from the body. Such an injury is invariably fatal to humans and most other animals, since it deprives the brain of oxygenated blood, while all other organs are deprived of the i ...
that were legal in the territory at the time.
Appeals
A
stay of execution
A stay of execution is a court order to temporarily suspend the execution of a court judgment or other court order. The word "execution" does not always mean the death penalty. It refers to the imposition of whatever judgment is being stayed and i ...
was issued after Wilkerson's attorney filed an appeal.
The
Supreme Court of Utah Territory denied the appeal in January 1878.
On January 8, 1879, attorneys E. D. Hoge and P. L. Williams submitted a
writ of error
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
that raised an argument of
cruel and unusual punishment
Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisd ...
on behalf of Wilkerson to the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
during its October 1878 term. On March 17, 1879, Justice
Nathan Clifford
Nathan Clifford (August 18, 1803 – July 25, 1881) was an American statesman, diplomat and jurist.
Clifford is one of the few people who have served in all three branches of the U.S. federal government. He represented Maine in the U.S. Ho ...
delivered the U.S. Supreme Court ruling that upheld the verdict.
Execution
On May 15, 1879, Wilkerson was transferred from
Salt Lake City
Salt Lake City (often shortened to Salt Lake and abbreviated as SLC) is the Capital (political), capital and List of cities and towns in Utah, most populous city of Utah, United States. It is the county seat, seat of Salt Lake County, Utah, Sal ...
to a jail in
Provo.
Wilkerson spent his last day together with his wife until half an hour before the execution.
[ ] He declined visits by the
clergy
Clergy are formal leaders within established religions. Their roles and functions vary in different religious traditions, but usually involve presiding over specific rituals and teaching their religion's doctrines and practices. Some of the ter ...
. Wilkerson was brought out of his cell by Sheriff John Turner, a deputy, and
U.S. Marshal
The United States Marshals Service (USMS) is a federal law enforcement agency in the United States. The USMS is a bureau within the U.S. Department of Justice, operating under the direction of the Attorney General, but serves as the enforce ...
Shaughnessy.
He was dressed in black with a white
felt hat
Felt is a textile material that is produced by matting, condensing and pressing fibers together. Felt can be made of natural fibers such as wool or animal fur, or from synthetic fibers such as petroleum-based acrylic or acrylonitrile or wood ...
and a cigar which he kept through the execution.
Wilkerson gave a farewell speech thanking the law enforcement officers and shook hands with some of the 25 people present in the jail yard in Provo. About 200 spectators were estimated to have gathered outside. Wilkerson stated that he bore no grudge against anyone except a witness that he accused of committing
perjury
Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an inst ...
at his trial.
Some of the witnesses of the execution recalled that he appeared to be drunk.
Wilkerson was seated on a chair at a corner of the jail yard about 30 feet away from the shooters and declined to be
blindfold
A blindfold (from Middle English ') is a garment, usually of cloth, tied to one's head to cover the human eye, eyes to disable the wearer's visual perception, sight. While a properly fitted blindfold prevents sight even if the eyes are open, a ...
ed.
He insisted that restraints were unnecessary, stating: "I give you my word... I intend to die like a man, looking my executioners right in the eye." A white three-inch paper target was pinned on Wilkerson's chest over his heart.
Wilkerson yelled, "
m for my heart, Marshal!"
At approximately noon on May 16, 1879, the marshal signaled the men who were concealed in a shed to shoot.
When Wilkerson heard the end of the count, he stiffened up in the chair, unwittingly moving the target. The bullets missed Wilkerson's heart, one of them shattering his arm and the rest hitting his torso.
He leapt off the chair and screamed, "Oh, my God! My God! They've missed it!"
Four doctors rushed to Wilkerson, who was struggling and gasping on the ground.
Officials were concerned at one point that they would have to shoot him again,
but he was pronounced dead 27 minutes later, having bled to death.
According to some accounts, he appeared to have died in about 15 minutes.
Aftermath
Wilkerson's body was carried to an office at the county courthouse. After being washed and placed in a coffin covered in black, the body was returned to Wilkerson's wife to be taken to Payson for burial.
The ''
Deseret News
The ''Deseret News'' () is the oldest continuously operating publication in the American west. Its multi-platform products feature journalism and commentary across the fields of politics, culture, family life, faith, sports, and entertainment. Th ...
'', published at the time by
Brigham Young Jr.
Brigham Young Jr. (December 18, 1836 – April 11, 1903) served as president of the Quorum of the Twelve Apostles of the Church of Jesus Christ of Latter-day Saints (LDS Church) from 1899 until his death. His tenure was interrupted for one w ...
, the son of deceased
Latter Day Saint movement
The Latter Day Saint movement (also called the LDS movement, LDS restorationist movement, or Smith–Rigdon movement) is the collection of independent church groups that trace their origins to a Christian Restorationist movement founded by Jo ...
leader
Brigham Young
Brigham Young (; June 1, 1801August 29, 1877) was an American religious leader and politician. He was the second President of the Church (LDS Church), president of the Church of Jesus Christ of Latter-day Saints (LDS Church), from 1847 until his ...
, proclaimed that "divine law has been executed and human law honored" because Wilkerson "
atoned for that deed as far as it is possible so to do by the pouring out of his own
blood
Blood is a body fluid in the circulatory system of humans and other vertebrates that delivers necessary substances such as nutrients and oxygen to the cells, and transports metabolic waste products away from those same cells. Blood in the c ...
."
However, the ''Ogden Junction'' criticized the event by printing: "...the French
guillotine
A guillotine is an apparatus designed for efficiently carrying out executions by beheading. The device consists of a tall, upright frame with a weighted and angled blade suspended at the top. The condemned person is secured with stocks at th ...
never fails."
In the April 2008 decision of ''
Baze v. Rees
''Baze v. Rees'', 553 U.S. 35 (2008), is a decision by the United States Supreme Court, which upheld the constitutionality of a particular method of lethal injection used for capital punishment in the United States, capital punishment.
Background ...
'', U.S. Supreme Court Justice
Clarence Thomas
Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 199 ...
cited the case of ''Wilkerson v. Utah'' in affirming that Kentucky's method of execution by
lethal injection
Lethal injection is the practice of injecting one or more drugs into a person (typically a barbiturate, paralytic, and potassium solution) for the express purpose of causing rapid death. The main application for this procedure is capital puni ...
did not constitute cruel and unusual punishment.
See also
*
Blood atonement
Blood atonement is a disputed doctrine in the history of Mormonism, under which the atonement of Jesus does not redeem an eternal sin. To atone for an eternal sin, the sinner should be killed in a way that allows his blood to be shed upon the gr ...
*
Capital punishment in Utah
Capital punishment is a legal penalty in the U.S. state of Utah.
Utah was the first state to resume executions after the 1972–1976 national moratorium on capital punishment ended with ''Gregg v. Georgia'', when Gary Gilmore was executed by firin ...
*
Capital punishment in the United States
In the United States, capital punishment is a legal penalty throughout the country at the federal level, in 27 states, and in American Samoa. It is also a legal penalty for some military offenses. Capital punishment has been abolished in 23 s ...
References
External links
''Wilkerson v. Utah''–
U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
(March 17, 1879)
''Baze and Bowling v. Rees''– U.S. Supreme Court (April 16, 2008)
{{DEFAULTSORT:Wilkerson, Wallace
Year of birth uncertain
1830s births
1879 deaths
1877 murders in the United States
19th-century executions by the United States
American Latter Day Saints
American people convicted of murder
Deaths by firearm in Utah
People convicted of murder by Utah
People executed by Utah by firing squad
People executed for murder
People from Quincy, Illinois
19th-century executions of American people
Executed people from Illinois
People from Provo, Utah
United States military musicians