The Fosterville Murders
Part 1 | Part 2 | Part 3 | Part 4
Part 5


WILLIAMS' CASE GIVEN TO JURY TODAY

Last Chapter of Murder Drama Opens- -The Judge's Charge This Afternoon

Prisoner Doesn't Know What is Going On, His Counsel Says

ANOTHER CASE JEKYL AND HYDE

Crown Prosecutor Flays Accused&emdash;SaysThat He Feigns Insanity


The last chapter of the trial of Harry D. Williams, charged with theFosterville murder, was commenced this afternoon at 1:30 o'clock when Mr. Justice LeBlancstarted his charge to the jury before the fate of the accused was finally placed in thehands of "twelve good men and true" of the county of York.

A little over two hours was occupied this morning by Fred H. Peters,counsel for the prisoner, and P.J. Hughes, K.C., Crown Prosecutor, in the presentation ofthe case for the defence and for the Crown to the jury. Mr. Peters, first to address thejury, occupied an hour and a quarter in the presentation of his case, while Mr. Hughesconcluded his address in fifty minutes. Judge LeBlanc then stated that as he did not wishthe jury to leave the court room after he had delivered his charge to them that he wouldadjourn the court until 1:30 p.m.

Upon resumption of court this afternoon Mr. Justice LeBlancdelivered his charge to the jury, concluding the first phase of the nine day trial. Thefate of the prisoner was then placed in the hands of the jury who were then retired fromthe court room to deliberate upon the guilt of the accused while his life hung in thebalance.

Williams Still Indifferent

Williams still maintained his attitude of indifference andabstraction while the Crown Prosecutor flayed him as one whose crime was such as to placehim beyond the sympathy of anyone. Only when he was being led into the court house thismorning did he show any further symptoms of his nameless fear when when he encounteredCourt Crier, James W. Fanjoy whose appearance last night resulted in his refusal to besworn as a witness for his defence. Williams had a momentary return of his terror-strickenappearance and pushed away to avoid the Court Crier.

Counsel For Defence

Mr Peters Suggests That This is Another Case of Dr. Jekyl And Mr. Hyde


Addressing the jury, Mr. Peters said that in order for the Crown toprove a charge of murder it would be necessary to establish a motive and show malice.

He briefly reviewed the evidence of the prisoner's wife, given in astraightforward way. showing the happy circumstances under which they had lived together.He was a home man. Almost invariably he was accompanied out in the evenings, when he wentout, by his wife. The only break in his life was the period when he had left his wife, whohad said the cause was visionary, and then the final desertion when he had left home afterkissing his wife and child in his usual manner, ostensibly to new employment.

The prisoner had next entered the scene as Harry D. Williams atFosterville. Mr. Peters pointed out that he had not been able to find from the prisonerany reason for the change of name or to produce any evidence relating to his youth orenvoirnment. The man had a heart. He showed a son's regard for his mother despite thecircumstances of his illegitimate birth as shown by his visit to her when she was ill.

The accused had been welcomed in his sister's home. He had enlisted— a very laudable act. Evidence of his overseas service was very hard to obtain andlittle had been produced after every effort. He had been shown, however, that a member ofa trench mortar batter occupied an exposed and dangerous post, and the dangers to whichthis man had been subjected could readily be understood. It had been found impossible toprocure the accused's military records.

"While some evidence has been given that he was an indolentman," said Mr. Peters, in connection with Williams' stay as a member of the Fosterfamily, "yet he must have rendered some service else they would have kicked himout." He had later moved to the camp when quarters became cramped at the Foster's.

Pictures Williams' Camp

"What more desolate place, gentlemen, can you picture thanWilliams' camp," continued Mr. Peters, speaking of the rock bound shore line and thesurrounding "haggle" of partially cut overgrown timber. Cases of men losingtheir minds in Western Canada under similar circumstances of loneliness were very common,said Mr. Peters. Evidence had been given to show that Williams had held aloof from hisneighbors. Williams hever pushed himself into company, and it had been shown that only ontwo occasions had he appear in public. It was fair to assume that he had spent most of themoney he earned upon the Foster family.

In order to establish a motive the Crown had set up that Williamshad invited Cynthia and Necia to his camp. This was quite natural and customary. It hadbeen going on for a long time. Mrs. Foster and the girls were in the habit of going to hiscamp to assist him with his housekeeping. It seem ridiculous that a man premeditating sucha crime would find it necessary to tie up his own dog. It also seemed very far fetchedthat Williams had procured the togue lines for the purpose of binding the girls.

It would be urged by the Crown that Williams was jealous of hisniece in connection with the propose part in the school concert. Would not the father'sevidence that he thought it time to assert himself as head of his own family indicate thatWilliams had been providing and looking after his children.

Might Have Escape All

Reviewing the horror of the camp scene with the two little bodies asfound, Mr. Peters said he could conceive no more horrible sight. The Crown would probablyfurther allege the additional crime of rape. Evidence had been given on this point by towmedical men of a very contradictory nature. Dr. Turner, while holding to the opinion thatrape had been committed, had admitted that the conditions he viewed might have been causedthrough some other agency. Dr. Dougan held that rape had not been committed. "Thereis only one person in the world who can clear this up — the girl's mother, and shehas not been brought here," said Mr. Peters. The jury would be instructed to give theprisoner the benefit of any doubt.

"If Harry Williams committed that crime, unprecedented inhistory, and realized the nature of the crime, did he not have ample time to escape acrossthe border with but two or three miles to walk? suggested Mr. Peters.

"On the other hand, providing he had known and understood whathe had done, would he have left to empty shells on the floor? Would he not have taken hisrifle and gone away to return in a few days, ostensibly from a hunting trip? Would notthis be the action of a man in his right mind under the circumstances? But no, he sets outin the morning to go down the main highway. Does that look to you like a man realizing theenormity of his crime?

"No attempt was made to escape the Pecks. An attempt had beenmade to show that he had taken something — presumably strychnine. Could a man takenourishment, a cup of coffee, so soon afterwards as he had? Then his complete unconcernand indifference?"

Says Williams Not Feigning Insanity

"I am conscientious gentlemen, when I say this man Williamsdoes not yet know what is going on. I have had the additional privilege of observinghim," continued Mr. Peters, referring to his meetings with Williams and the medicalexaminations. "You gentlemen have heard what medical men have said about this man'smental condition. So far as I am concerned I have my own opinion."

It had been his purpose to place the prisoner on the witness standwhere he would be subjected to cross-examination by the Crown Counsel. His action in thisregard would be taking a long chance but his main object was to place him in a positionwhere the Crown counsel could examine him thoroughly and show whether the prisoner wasfeigning insanity or indifference. He felt quite sure his learned friend would be able toshow this. He, himself, had not cared so much whether he had an opportunity of examiningthe prisoner.

It might be charged that he had in some way been responsible for theprisoner's actions on that occasion. He assured the jury that he was not in any wayresponsible for Williams' actions. With the exception of the first interview on the day ofthe trial opening, he had not seen the prisoner except during medical examinations and afew moments last evening in the presence of two officers. When he had asked the prisonerif he would go on the stand, Williams, he did not believe, understood him but had given ananswer such as the jury had heard. He had not had an opportunity of coaching the prisonerregarding his behavior.

"If Harry Williams is the man responsible, there must have beena transformation," declared Mr. Peters. "It must have been some other person inthis form of Harry Williams. Think of that, gentlemen." Here Mr. Peters presented avivid contrast between the loving nature of Harry Williams and the horror of the deed.

"No human could do that. Murders are committed every day, butthere are some motive, some gain."

The jury were probably all familiar with the story of Dr. Jekyl andMr. Hyde, he said. "Did not something like that take place on this occasion," heconcluded. "Gentlemen, it is so plain to me. How could it be possible that he in hisright mind could do such an atrocious horrible deed? Gentlemen, I will leave it withyou."

CROWN PROSECUTOR

Bitter Denunciation of the Prisoner by
Mr. Hughes, Who Called on Jury to Do Their Duty


Mr. Hughes, opening his address for the Crown, referred to theunpleasant but necessary duty the jury were called upon to do on an occasion such as this.

Very little was known of Harry D. Williams. The accident of hisbirth was known. He came into the Foster home like an evil spirit out of the darkness.Then at Houlton until he lost his job on the railway through drink. Back again atFosterville, enlisting and returning and then in and out of a home where he appeared to bedependent for a great deal of his supplies.

Williams interest in the family was significant of something else,apparently he thought she would be slipping away from him and so he told her she shouldnot take part in a school concert. He had seen her grow from childhood to womanhood andapparently a pretty being young woman of five feet four inches in height. He had coaxedCynthia to come to his camp and then her mother to allow them to come to his camp.Fortunately, Providence saved one of them. Meanwhile he planned to destroy them. Heprepared the cords to bind them and also the sandbag shown in court. It was just as wellthat no one knows what transpired when they reached the camp. Perhaps they had been boundin trickery or in play. Anyway they had been bound for some time before being shot likedumb beasts. Who did it? There was no possible doubt but that Williams and Williams alone.

His learned friend had asked for a motive. A motive did not have tobe sought in a case of this kind. Did Harry Williams care for these children when he hadnot care for his wife and his own? What had be been but a whited sepulchre? His learnedfriend had said he had difficulty in procuring evidence. He should think he would. He asCrown counsel had done more in this case than had ever been done in any other criminalcase that he knew of. Every witness the defence could name had been summoned and broughthere.

Says Insanity is Feigned

"The kind who deserted his own flesh and blood and who his awaywhere he could loaf and sponge — this is the kind of man who would protect and carefor these children," was the denunciation hurled at the jury summing up the damagingevidence of his past.

"Where can there be any reasonable doubt under thecircumstances that Harry D. Williams did this," said Mr. Hughes touching briefly onthe most outstanding circumstances of his arrest and admissions. There was but one otherground for defence — that of insanity and insanity has been feigned since the dawn ofhistory when it was worth while. Cases were known but the Department of Justice takes careof such when specialists were sent to examine the condemned man to see whether or not heshould pay the penalty for his crime.

"Harry D. Williams was not, however, being tried as to whetherhe was now sane. Every man was to be presumed sane until he had otherwise proven. Notevery phase of insanity, however, was a defence to a murder charge. Harry D. Williamswould have to show that he was insane when he shot these girls—that he did not knowwhat he was doing." He had occasion to prosecute a man who had destroyed his own sonin an epileptic fit when this defence had been open to him. Was Harry D. Williams in thisposition?

"It did not matter whether rape had been committed or not. Theaccused was being tried for murder. If a motive were sought that was ample evidence ofrape to supply one. Dr. Turner had been sure of rape; Dr. Dougan, who arrived after theclothing had been destroyed and the bodies washed was uncertain.

" 'I shot the two girls and expect to pay the supremepenalty'," — this explained his indifference—he had not decided to feigninsanity at that time. Was there any signs of insanity at that time? None at all.Everything indicated a normal condition of a hardened individual. But as soon as he foundhe was to have somebody look after him when assigned counsel, he suddenly became insane.What he has now is of importance; what he had then was of concern. "He had alwaysbeen the same until he comes into court and to fake before you gentlemen here."

"Think of these things, gentlemen, rather than the play we seehere in court," said Mr. Hughes in concluding as he painted a word picture of thesorrow and desolation following his act."

Court then took recess until 1:30 p.m.

Judge LeBlanc's Charge

Throngs which once again taxed the capacity of the court room heard
Mr. Justice LeBlanc's charge to the jury yesterday afternoon
in the trial of Harry D. Williams in the York Circuit Court.

The judge's review of the case, the facts surrounding the mostrevolting crime in the annals of York County and his summary of the evidence, hisdirections to the jury were regarded as making up one of the ablest charges heard in manyyears in a criminal case here.

In his charge to the jury Mr. Justice LeBlanc referred to themagnitude of the charge and the length of time occupied with the trial proceedings. Hethen proceeded to outline the functions of the judge and jury. All questions of law wereto be taken as stated by the court. Questions of fact were exclusively for the jury andmust be passed upon by the jury irrespective from anything else but the law as stated bythe court. The question of the prisoner's guilt as a question of fact rested entirely withthe jury. The burden of proof is cast upon the crown to prove the prisoner's guilt. WhenHarry D. Williams pleaded not guilty he was to be presumed not guilty until his guilt hadbeen established by the crown. When two contrary sets of facts pointed equally to theguilt and innocence of the accused, the jury was to deduce that he was innocent.

Quoting from the Criminal Code, Mr. Justice LeBlanc pointed out thatculpable homicide was murder. Homicide was defined by the Code as the killing of oneperson by another, directly or indirectly. Homicide was culpable when homicide was broughtabout by some unlawful act or omission.

The indictment was then read and the situation and some of thesalient facts of the crime outlined to the jury. Emphasis was laid upon the fact that WardB. Foster had told his daughters that he himself would accompany them at nights when theyappealed to him for permission to participate in a school concert which Williams had saidthey could not, and when Williams asked Cynthia to come and do some cooking for him thefollowing day she had refused. Describing the manner in which the victims were last seenalive leaving home for Williams' camp, Judge LeBlanc said: And the next time they wereseen bound and tied—two corpses in the prisoner's camp."

Medical evidence showed that from the condition of the youngergirl's limbs she must have been tied up fifteen or twenty minutes before she was shot.What was the fiend who committed this abominable crime doing in the meantime? The jury wasalso asked to consider that while the smaller girl had been bound hand and foot, the eldergirl's arms alone had been tied.

Mr. Justice LeBlanc also pointed out to the jury that the prisoner'srifle, when found, contained six cartridges, and if there had been two shells fired from afully loaded rifle one must have afterwards been added before it was found. The fact thatthe elder girl had been fastened with a soft rope about her wrists was also remarked. Hadher slayer had dome feeling for her which would cause him to use a soft rope? Where wasWilliams when the crime was committed?

Was he insane when he committed the act, should the jury find thathe committed the act? That was all the insanity defence which could be allowed. If theprisoner wishes to avail himself of an insanity plea he would have to prove it to thesatisfaction of the jury. Insanity under this defence might be considered two ways. Did heknow what he was doing when he pulled the trigger and shot the girls? If he did not thenhe would be found not guilty. Then as an insane person might perceive the act but notunderstand the nature of the act itself. Their minds were warped by hallucination ordelusion. The jury must not confound insanity with moral depravity.

In making a finding on an insanity plea the finding must be based onevidence produced and not on theories. If Harry Williams did shoot the girls notrecognizing what he was doing, why did he not stay there beside the two corpses? He wasnot there when Ward Foster found the bodies. The last person to see Harry Williams beforethe crime had not given any evidence, which he could see, which would show that Williamswas in a different state of mind than usual. His first words after the crime before beingcharged with anything was: "Don't hurt me. I want to give myself up." His stateof mind from Claude Peck's uncontradicted evidence that he committed the killing andexpected to pay the supreme penalty appeared to be that of a man who knew the nature ofthe crime and its consequences.

While a motive had been spoken of he was not he was not aware thatit was necessary in such a case. Two motives have been suggested. Williams' preference forCynthia Foster and his objections to her taking part in the concert had been shown. Onemotive might have been jealousy. "The second motive would have to be the abominablecrime of rape, and, gentlemen, rape is not an uncommon crime. I don't say that itwas." A considerable portion of the charge was devoted to discussion of this phase ofthe case.

In concluding Judge LeBlanc urged the jury to give the matter theirbest consideration, to find the prisoner guilty or not guilty according to the evidence.It was a duty which they owed to society and he urged them to do their duty as goodcitizens.

He completed his charge by 3:03 p.m. by telling them that they mustbe unanimous to bring in a verdict. The jury retired at 3:07 p.m. in charge of ConstableCharles MacMurray.

The jury was recalled by Judge LeBlanc at 3:16 p.m. for furtherinstruction with reference to insanity. They were told that if the prisoner could not tellright from wrong at the time of committing the act he must be held as insane.

The jury retired again at 3:20 p.m. and ten minutes later brought intheir verdict.

Williams Found Guilty,
Unmoved When Sentenced
To Be Hanged April 23rd

Throng Heard the Death Sentence Pronounced by Judge LeBlanc

JURY OUT ONLY TEN MINUTES

Prisoner Stands Inanimate-Like While the Sentence is Passed


Harry D. Williams, alias Darius Thornton, was found guilty of themurder of Cynthia Foster ten minutes after the jury had received their final instructionsfrom Mr. Justice LeBlanc yesterday afternoon in the York Circuit Court and was immediatelysentenced to be hanged before the hour of 9 o'clock in the morning of April 23rd—St.George's Day.

Mr. Justice LeBlanc completed his charge to the jury at 3:05 p.m.,having consumed an hour and a half in his address. The jury filed out of the court room at3:07 p.m., but were recalled by the judge at 3:16 p.m. for further instructions regardingthe plea of insanity. At 3:20 p.m. they finally left the court room to return at 3:30 p.m.with a unanimous verdict of "guilty."

The verdict was announced by Coun. Fred Seymour, of Nashwaaksis,foreman of the jury , and in answer to the formal query, "So say you all?" therewas a unanimous chorus from the members of the jury: "We do."

Williams, who had been taken from the dock on each occasion when thejury had retired and brought back in, heard the verdict without a trace of emotion nor didhis fixed gaze at the ceiling flicker for even an instant. Mr. Justice LeBlanc then statedto the jurors that they were discharged from the present trial but might be required onsome further case. The jurors, however, did not leave the jury box. The court room wasthronged to overflowing.

Judge Addresses Prisoner

Turning to the prisoner Judge LeBlanc said: "Prisoner, standup."

Apparently Williams did not hear the command. A court attendantstanding alongside the dock directed him to stand up and Williams complied without hardlymoving his eyes from the point on which his gaze had been riveted throughout the trial.

Judge LeBlanc— "Have you anything to say why sentence ofdeath should not be passed upon you?"

"I don't know," replied the prisoner in the same tonelessvoice which has marked his infrequent utterances during the trial.

"Harry D. Williams," said Judge LeBlanc in a quiet voice,"you have been found guilty of the murder of Cynthia Foster. You have had a fairtrial. You came here without counsel or the means to procure counsel and I assigned Mr.Peters, a lawyer of good standing and considerable practice, to defend you. He hasdefended you faithfully and you owe him a deep debt of gratitude. You have been defendedwith a good deal of zeal and resourcefulness and Mr. Peters is deserving of a good deal ofappreciation.

"Now, Harry D. Williams, I am the last man in the world whowishes to add one word to the feeling you must experience now in your sad position. Myadvice to you is to prepare to meet your fate and to prepare to meet your God. I don'tthink you may expect much this side of the grave, and I do not say this to discourage you.I would advise you in a friendly way to make your peace with your Maker. Use your time inthe best way. You will be given sufficient time to prepare to meet that Judge from whosedecision there will be no appeal and which will seal your fate for eternity.

"The sentence of the court is that you, Harry D. Williams, bekept in the close custody of the common jailer of York county until the twenty-third dayof April, and that before the hour of 9 o'clock in the forenoon on the twenty-third day ofApril, that you be hanged by the neck until dead. And may God Almighty have mercy on yoursoul."

Prisoner Was Unmoved

Throughout the remarks of the judge, and the passing of sentenceupon him, Williams gazed unseeing over the heads of the jury without showing the faintestflicker of emotion.

"That's all, sit down," said the same officer as Williamsremained standing and he resumed his seat in the dock.

There being no further cases entered upon the docket for trial, twocivil cases going over for chambers hearing, all jurymen were discharged.

To Mr. Hughes, crown prosecutor, Judge LeBlanc said that the secondindictment against the accused for the murder of Necia Foster would go over until the nextterm of the court. The court was then adjourned.

Williams, who had chewed throughout the entire period while thejudge was delivering his charge to the jury, was then led away and left the court as hehad on every previous occasion — apparently entirely indifferent.

Crowds Wait at Court For Closing Session

Some of the spectators at the murder trial of Harry D. Williams thismorning went without their dinners when court was adjourned at noon until 1:30 p.m., whenit resumed with Mr. Justice LeBlanc's charge to the jury. They remained about and near thebuilding that they might be amongst the fortunate few obtaining seats when court opened at1:30 p.m.

WILLIAMS LIKE AN INANIMATE STATUTE

Less than fifteen minutes before Harry D. Williams, charged with theFosterville murder, had, by his refusal to be sworn as a witness on his own behalf in theYork Circuit Court, created one of the most dramatic scenes of the whole trial. A reporterfor The Gleaner watched him for about ten minutes in the jury room before he was placed inthe prisoner's dock.

Seldom was Williams ever seen to be so absolutely devoid of signs oflife. With the exception that at the time he was sitting slightly hunched forward in achair, there was nothing to indicate he was alive. There was not a twitch of his body tobe seen and his appearance was that of a statute so far as signs of life could be noted.His gaze was fixed straight forward., his hands held together in front of him, his legsdrawn back, and the upper portion of his body hunched over his knees. Nor did he move whena number of the witnesses from Fosterville entered the room and commenced to remove theirouter clothing. A number brushed the prisoner with their coats as they hung them up, buthe did not move.

Throughout the afternoon, during the testimony of his wife, Mrs. AdaThornton, who came here from Houlton, Me., in order that he might know she had notdeserted him despite the fact she felt she could be of no avail. Williams failed to showany signs of recognition or emotion. He sat facing away from where she sat and when shewas called to the stand he did not removed his gaze from the ceiling. Not even the soundof her voice caused him to even momentarily turn his eyes toward her.

Leaving the court room at 6 p.m., Williams snatched a copy of theThe Daily Gleaner from a newsboy in the hallway and stuffed it into his pocket. It wastaken from him by the officers, however, as he has not been allowed to see a newspaperduring his trial. While waiting in the jury-room he was asked by Fred H. Peters, hiscounsel, if he would take the stand on his own behalf. After replying in anuncomprehending manner he finally assented. Leaving the jury-room in charge of theofficers, he again tried to grab another copy of The Gleaner but the newspaper boy heldfast to his bundle and prevented him from obtaining the paper which Williams had grabbedwith his free hand in passing.

All Night Guard Over Williams

An all night vigil was kept over Harry D. Williams in his cell atthe York county jail last night by an officer especially assigned to the duty.

Sheriff John B. Hawthorn said last evening that, as a result of thesudden change in the prisoner's demeanor which constables taking him from the court afterthe afternoon session had reported, he had decided to "take no chances."

Fred H. Peters, defence counsel, said today that Williams had beensuffering from hallucinations, as doctors had testified. One of these hallucinations was afear of an "old man" who he said was trying to steal his false teeth. Mr. Peterssaid that it had been thought Magistrate John L. Foster, of North Lake, was the "oldman" referred to, but that apparently it was Court Crier Fanjoy.

"Hanging Too Good For Him,"
Says Ward Foster


"Hanging is too good for him," was the comment of Ward B.Foster, father of the two murdered girls, before he left for his home at Fosterville todayafter being present at the conviction of Harry D. Williams, slayer of his daughters, andthe passing of sentence of death.

"He did what he calculated to do to get his revenge and he wasprepared to take his chances. He'll have to take his chances now, but he is not gettingwhat is coming to him." Mr. Foster added that the people of North Lake would now besatisfied that justice had been done.

Mr. Foster and the rest of witnesses from North Lake left by C.P.R.this morning on their return to their homes after an absence of seven days.

Williams Moved to Death Cell in The County Jail

Condemned Prisoner is Constantly Watched by Guards

94 YEARS SINCE EXECUTION HERE

Sheriff Hawthorne Says There Won't Be Bungle on April 23rd


Harry D. Williams, sentenced to death yesterday afternoon as theperpetrator of the most revolting crime in the criminal annals of New Brunswick, has beenmoved to what has become the death cell at the York County Jail.

Until he was sentenced to be hanged Williams occupied a cell on thetop corridor of the jail, but last evening he was moved to a cell on the lower floor whereprovision has been made for the death guards who will constantly watch the prisoner untilApril 23rd, the date set for execution. Day and night the vigil will be continued and fromnow on the prisoner will get regular meals instead of the jail fare.

Ellis Likely To Be Employed

Sheriff Hawthorn was reticent today to discuss what plans he willmake for the execution. He has stated, however, that he will employ an expert hangman tocarry out the execution. It is expected that Ellis, the Dominion hangman, will beemployed. Some time ago he said that he believed the gallows could be erected withoutsufficient commotion to attract outside attention.

"There will be no bungling in the carrying out of the court'ssentence," said the Sheriff. "I will take every precaution to prevent anythingof that kind."

It is 94 years since a man has been condemned for murder in YorkCounty. The last execution which occurred here was in 1831 and took place near what is nowknown as the old Burial Grounds.

The death guards who will be in charge of the prisoner until the dayof the execution went on duty yesterday afternoon at the jail immediately after Williamshad been returned to jail from the court room where he had been sentenced to death. Lastnight a guard watched Williams throughout the night and either one or the other of the twoofficers acting as special guards will be continuously with the prisoner both day andnight.

This morning the prisoner was visited by Very Rev. Dean Neales whohas been his spiritual advisor ever since his incarceration in the York county jail.Sheriff Hawthorn told the Gleaner this morning that he could observe no change in theindifferent attitude of the prisoner which marked the entire progress of the trial excepton the occasion when he balked at being sworn as a witness on his own behalf.

With the conclusion of the trial information which could not beproduced in evidence at the trial on account of the fact that it had been elicited fromthe prisoner in response to questions now may be made public.

According to a statement made by Enoch Peck, one of the witnesses atthe trial who corroborated damaging statements made by the prisoner while in his custody.Before being taken away from Fosterville, Williams had also told that he had knocked theyoung girl, Necia, with a sandbag before attacking Cynthia. Williams said that he hadquite a struggle with Cynthia before fastening her arms, and Cynthia, he said, was thefirst of the victims killed.

Williams' Wife Visited Him At the Jail Last Night
But He Did Not Recognize Her

Mrs. Thornton Accompanied by Houlton Newspaper Woman on Visit to Jail


"My wife? Ada? — no I can't remember."

Thus did Harry D. Williams reply to the pleadings of Mrs. AdaThornton, of Houlton, Me., his wife whom Williams is said to have deserted some fourteenyears ago, when he changed his name from Darius Thornton to Harry D. Williams, under whichhe now stands indicted for the most horrible double murder in the history of York county.

The scene took place in Williams' cell at the York county jail lastnight shortly after the dramatic spectacle which occurred in the York circuit court lastevening when the prisoner shrank in terror from Court Crier, James W. Fanjoy and refusedto be sworn as a witness in his own behalf. Mrs. Thornton, who Williams had ignored whileshe testified yesterday afternoon as a witness for the defence and whose presence in thecourt room he appeared to be entirely unaware of, visited him in his cell last evening incompany with her companion Mrs. Cora M. Putnam who came here with her from Houlton, Me.

Pressed Spot on Head

Williams failed entirely to show a glimmer of recognition andreplied in a distracted and puzzled manner as his wife entreated him to recall her name orthoughts of his baby, now a boy of seventeen years. That Williams was making an effort torecall scenes and thoughts suggested to him was apparent to the witnesses of the scene.Throughout the interview he pressed his hand against a spot on his head where he has beenobserved in court to abstractedly brush occasionally with his hand.

For the first time on his trips to and from the jail in company withDeputy Sheriff Fraser Saunders and Provincial Constable A. Ford Yerxa, Williams showedsigns of a new temperament to his guardians. Twice enroute back to jail last evening heslackened his pace to glare back at Constable Yerxa who was walking behind him. Theofficer, who was outside the court room not a witness to the scene created by the prisonerin court that evening, immediately noted a change in Williams' usually docile conditionwhen called to escort him back to jail last night.

The Daily Gleaner Tuesday, April 21, 1925

Williams Writing Letters Singing Hymns and Praying
As Workmen Build Gallows

Fosterville Murderer Wrote Almost 20 Letters Yesterday — Sure He isForgiven and Says Lord Will Carry Him Along to Finish — Sheriff Hawthorn RefusesPermits to Morbid Curious Who Want to See Execution


Almost twenty letters to various people in Fredericton, at NorthLake and in Maine were written yesterday by Williams, the Fosterville murderer, who onThursday morning will pay the death penalty at the York County jail for the most fiendishcrime committed in the county for almost a century.

The first murderer to go to the gallows in York County since thelast double murder was committed in this county 94 years ago is spending his last days inhis cell at the jail writing letters and singing hymns, when he is not receiving his smalllist of visitors, largely ministers and others interested in his spiritual welfare.

Although his color is ashen from continued confinement Williams hastaken on weight and told a reporter who he sent for yesterday that he was "feelingfine." Regarding himself he said: "The Sheriff has been awfully good to me, sowhy shouldn't I take on weight and feel fine? I couldn't be better treated if I had been aguest at a hotel; they have been so kind."

"And," he continued, "I am not worrying, either, for the Lord has beenawfully good to me. He has been carrying me along day by day and I hope and believe Hewill carry me along right to the finish. I feel sure the Lord has forgiven me. I know Ihave sinned deeply and grievously, but the blood of Christ will wash away the sins ofthose who believe in Him. The Lord is good and He will help me through all right."

Has Lot to Do in Short Time

Williams said that his only trouble was to do all that he wanted todo in the short time that he had left to do it. He said that up to that time—it wasthen about 6 p.m. — he had written fifteen letters and was then starting on hissixteenth that day. He said he had three more he wanted to write during the evening, butthat Rev. P.J. Trafton was coming to visit him and to "hold a meeting" for him.He also said the Salvation Army were going to have their last service with him tonight andthat Very Rev. Dean Neales was going to call again today. "And," he said,"the Dean has promised that he will come here and remain with me all through thenight on Wednesday night. You know I was baptized and confirmed by the Dean'shalf-brother, the late Venerable Archdeacon Neales, and I am a member of the Church ofEngland. That was about twenty years ago at Woodstock, but I am still a member of theChurch of England and the Lord is carrying me along day by day."

Williams said he had received letters from his mother and hisyoungest sister at North Lake and he was writing to them and to others who had written tohim or who had otherwise been kind to him. "You know," he said, "it takestime to write all these letters and then I have to get my meals (he was in the midst ofeating a substantial supper) and I have to pray quite a lot to ask the Lord to carry mealong day by day, and then I like to sing—so it all keeps me pretty busy and Ihaven't got much time left. but I feel I will be all right. The Lord will help me and theDean is going to give me final absolution."

Preparations for Execution

Meanwhile, preparations are going actively forward under thedirection of Arthur Ellis, the official Dominion hangman, for carrying out the execution.The gallows is being erected today and it was said this morning that plans were allcompleted. Dr. B. H. Dougan will be the coroner to conduct the inquest and members of thecoroner's jury will be drawn from the county and three from the city; they are beingsummoned.

Sheriff Hawthorn said today that bona fide press representativeswould be the only persons present at the jail, aside from those required to be thereofficially, when the execution takes place. The Sheriff said that he was preparing to haveguards outside the jail building tomorrow evening and that a number of special constableswould also be on duty inside the jail. He has already had some requests for permits to bepresent, including a request by long distance telephone from Minto.

Hangman Ellis is preparing to leave here Thursday afternoon forMontreal and on Saturday will start for the Pacific Coast, where his services will be nextrequired. This summer he is planning two months vacation — in July and August —and will go to England to the Wembley Exposition and to visit his former house inManchester.

The Daily Gleaner Thursday, April 23, 1925

Darius Thornton Went to Gallows With a Smile

Paid Death Penalty as Harry D. Williams Soon After Midnight forFosterville Murders Last November — Marched Unaided to Gallows and Was PronouncedDead 12 Minutes After Trap Was Sprung


Darius Thornton was hanged at the York County jail immediately after12 o'clock this morning for the murder of his two half-nieces, Cynthia and Necia Foster,who, as Harry D. Williams, he brutally murdered in his cabin at Fosterville on the shoreof the Chiputneticook Lakes, which form part of the international boundary between NewBrunswick and the State of Maine.

The trap was sprung by Arthur Ellis, the official Dominion Hangman,at 12:01:55 in the loft of a barn in the rear of the jail in the presence of members ofthe coroner's jury and several other persons just as Very Rev. Dean Neales, the condemnedman's spiritual adviser, finished reciting the Lord's Prayer. Twelve minutes later he waspronounced dead by Dr. Allan Sterling and Dr. L. J. Violette, M.L.A., of St. Leonard, theofficial medical examiners, and the body was cut down. Ellis said there had been acomplete fracture of the neck.

Within a few minutes the coroner's jury, who had retired to thesheriff's office in the jail, were again summoned. They viewed the body and again retiredto the sheriff's office, where they took the necessary evidence with Dr. B.H. Dougan, ofHarvey Station, presiding as coroner. Before they had completed the findings of theirformal verdict an undertaker had arrived with a casket and a short time later Williams'body, which had been claimed by his mother to prevent burial in the jail yard, was buriedwith simple ceremony in a lot in the Rural Cemetery extension. The execution was carriedout without a hitch in a solemn manner and the crowds on the outside of the jail enclosuredid not know it was all over until the undertaker's wagon arrived with the casket.

Went To His Doom Smiling

Williams, it can be truthfully said, went to his doom smiling andfervently praying. As the clock struck twelve Williams, who had spent the evening inprayer with his official spiritual adviser, Very Rev. Dean Neales, had just seated himselfupon the cot in his cell after having spent some time on his knees in his last lonelyprayer. Hangman Ellis gave the signal and the two death guards entered the cell and shookhands with the condemned man and told him to get ready. Williams shook hands with hisguards and thanked them for their kindness to him while he has been in their care. Theguards were Charles A. Sterling and Alexander Murray, a former city policeman, and as theformer said good bye to him and urged him to do his best, Williams replied: "I cannotdo anything myself, but I am trusting in Him and He will carry through as he alwayshas."

Then Hangman Ellis entered the cell, stepping briskly. He carried aleather strap in his hand and quickly pinioned the condemned man's hands behind his back.Williams kept smiling: he wore a pair of black trousers and a white shirt with a stiffbosom and the sleeves rolled up to the elbows, but had no coat nor hat. He was then ledfrom the cell by the two guards and he marched along the corridor of the jail with hishead erect and smiling a good bye to those amongst the half a dozen people in the corridorwho he recognized. He seemed equally as unconcerned about his fate — and he knewdeath was then only a matter of seconds away — as he had been all the time since hewas condemned to pay the supreme penalty for his heinous crime.

Marched With Unfaltering Step

As Williams, Ellis and his two guards started the procession alongthe corridor leading to the rear exit into the jail yard, which they crossed to the barnfifty feet away. Dean Neales recited the 23rd Psalm, The Lord is My Shepherd, I shall notwant. The procession had just reached the darkened jail yard as Dean Neales came to thepassage Though I walk through the shadow of the Valley of Death, but Williams walked alongwith unfaltering step. Then as Ellis twice repeated command a constable opened the door ofthe barn and the rays of a high powered electric light which had been installedilluminated the yard. Williams, with his hands pinioned behind his back, ascended withoutassistance the narrow flight of steps heading to the loft of the barn and never falteredas he was escorted across the floor to the western corner, where the trap had beeninstalled and the scaffold erected. the first thing that met his gaze was the noose of therope hanging from the gallows; across the rope the black cap was hanging. As soon as thecondemned man had been placed upon the trap Hangman Ellis went to work with lighteninglike rapidity, while Dean Neales commenced to recite the Lord's Prayer. The hangman firstof all pinioned Williams' feet, and as he did so Williams turned his head around with anapparent look of surprise to see the coroner's jury and others present. He half smiledjust as Ellis pulled the black cap over his head and then quickly adjusted the noose. Thenjust as Dean Neales finished the Lord's Prayer and uttered Amen, Ellis pushed the leverwhich sprung the trap and Williams shot into eternity. The first execution in Frederictonin 94 years had been carried out.

As soon as the trap had been sprung jurymen and other witnesses ofthe execution left the building and retired to the sheriff's office in the jail. There atthe request of Dr. B. H. Dougan, they elected their foreman. The members of the jury were:Warden John T. Christie, of Bright; Peter McFarlane, of Nashwaaksis; Coun. John F.Doherty, of Springhill; Ald. W.L. Jennings, Thomas Davidson, Edward Hall and James H.Hawthorn, of Fredericton. As soon as the medical examiners reported to the coroner thatdeath had occurred, the body was cut down and the jury were then called to the barn againwhere they viewed the body prior to taking the official evidence upon which they laterreturned the necessary formal verdict and the formal notice that the death penalty hadbeen carried out was then posted as prescribed by the Criminal Code, upon the jail door.The funeral followed soon afterwards in the early morning hours.

While the jurymen were viewing he body one juror remarked thatWilliams must have been a man of remarkable vitality since the cessation of the heart beathad not resulted until twelve minutes after the body had been cut down

"I have often seen the heart continue beating for 14 or 15minutes," remarked Hangman Ellis, and Dr.Sterling and Dr. Violette declared therewere instances on record where the heart had not ceased beating following a hanging for atleast {obscure} minutes.

"Fully Penitent," Says Dean

So quietly was the execution carried out that few outside the jailenclosure knew that Williams had paid the death penalty until the arrival of theundertaker's wagon. Inside the jail there was a solemn stillness and perhaps the leastaffected about the place was Williams. Even Ellis started to show some effects of theenormous strain after he had cut down the body.

"I have never seen a man so penitent for a sin," said VeryRev. Dean Neales to the newspapermen after the execution. "Only a few days ago hetold me he believed he was the most fortunate man in Fredericton. He was filled withpenitence and felt that in his heart the Lord had forgiven him."

"Williams was to me a man of extraordinary character, thestrongest I have ever known. Ever since I first visited him he has been a penitentman," continued the Dean to the group of reporters present.

"Personally I cannot understand how he came to commit such acrime. Indeed I can only believe he did so during an insane fit of passion."

Executioner Ellis who took complete charge of all details just priorto the carrying out the death penalty was most precise in his actions. He impressed uponthe jurymen and the press representatives who gathered at the jail before midnight theneed for solemnity on such an occasion.

As the jury went to view the scaffold in the barn shortly before 12o'clock, Ellis turned to them and said: "Now, gentlemen, when the condemned man comesup the stairs I want you to take off your hats. Its just a matter of respect to theproceeding."

Ellis was immaculately dressed. He word a black morning coat withneat grey striped trousers a large black tie and winged starched collar. His every movewas quick and he directed events before and after the execution with military likeprecision.

Harry D. Williams was hanged at the York County Jail immediatelyafter midnight this morning, left among several communications addressed to The Gleaner anote in which he absolved Fred H. Peters, his counsel at his trial, from blame orknowledge in connection with his having feigned insanity.

The condemned man's note, exactly as written, follows:

   "This is to certify that my counsel, Mr. Peters, had nothing todo with my actions during my trial and is blameless. He acted true to his conscience asfar as I know, and done everything that could be done for me, and I thank him from thebottom of my heart."

Darius THORNTON

alias Harry Williams

THE LAST EXECUTION HERE 94 YEARS AGO

Death Penalty Last Here Was For a Double Murder in 1831


The execution of Darius Thornton this morning for the Fostervillemurder was the first hanging to take place in the city since 1831.

It is an unusual coincidence that in the case of the man named Smithwho was hanged near the entrance to the Old Burial Ground ninety-four years ago, and inthe present case both had been sentenced to pay the supreme penalty for a double murder.Smith was executed by a man named London, a resident of the city, who acted as hangman,for the murder of two men in a lumber camp in York county. The victims were killed with anaxe while a third man who was badly injured managed to make his escape.

The scene of the last execution almost a century ago, wastransferred from the jail yard opening off King street on account of the objections raisedby residents of that vicinity, to the Old Burial Ground, then a modern grave yard. Thisoccurred prior to the removal of the county jail to the present site in 1842. Theexecution was conducted under the direction of the last Sheriff D.W. Miller, DeputySheriff Charles Brannen, father of W.C. Sterling Brannon, retired provincial official,conveying the condemned man to the gallows.

SAYS HE SERVED SATAN AND GOT ONLY SORROW

Declares That He Believed He Had Been Forgiven For His Heinous Crime


An "evil and sinful jealousy" which clouded his mindbecause he had been "serving Satan" was the explanation which Darius Thorntonwho, as Harry D. Williams, was hanged at the York County Jail immediately after midnightthis morning for the heinous murder of his two half nieces at Fosterville last November,gave for his crime in a communication in his own hand writing addressed to The Gleanerwhich he had written in his cell yesterday morning and which he left behind him when hemarched smiling and praying to the gallows to pay the supreme penalty for his crime.

The communication was written in a firm hand and shows that, feelinghimself a penitent and forgiven sinner, the condemned man went to his doom without fear.He explained that his end was near and that he had many things to do, but afterwardsexplained that he wrote his communication in the hope that it might help somebody else and"stop others from committing grievous sins." It constitutes a homely sermon andis the first and only explanation of the motive for the terrible crime that has come fromits perpetrator to the public.

The complete communication follows:

Fredericton, April 22, 1925

To The Gleaner:—

Would like to tell the public of a wonderful Saviours love andthat this man Jesus who died for sinners has restored me the very chief of sinners. DearPublic He is real and can save to the uttermost them that come unto God by Him. I know forHe has saved me and is keeping me day by day and is going with me in my darkest hour. Ohlet this Saviour of mine be your Saviour too. Nothing to pay to have Him for your friend.Not a cent, but you must bring to Him a broken and a contrite heart. Only surrender yoursins at the foot of His Cross and say, Jesus I need Thee as my Saviour and you will soonsee how able and willing and how He loves to forgive and help you. Give my Saviour a trialsinner friends.

Just look at the many friends He has raised up here for me, realfriends who have shown me every kindness and made things cheerful as could. And sinners,what has He done all this for me if He is not my Saviour and you cannot say that Hispeople showered all of this wealth of love upon me, expecting in return riches, positionor power. I have nothing to give in return, nothing but a grateful heart to Jesus and Hispeople. By the grace of God I am what I am, praise be His holy name and He has shed Hislove abroad in the hearts of His dear children towards me. I have sinned deeply but Jesusdied and pleads for me and I know that it is well with my soul. Jesus keeps me day by day,bless Him. He is giving me a peace and quiet to my soul that the world cannot give and Iam resting in Him, secure, knowing that He is able and willing and competent to guard menow and land me safely with Him in Glory.

Praise be His Holy name, Jesus is mine and I know I am His. Thisis the 22nd and have a lot of letters to write and callers to receive. The barber iscoming in this a.m. I had a nice bath this morning and the Sheriff has promised me withnew clean linen. I cannot thank that man enough and his family for what he has done for meand in addition to all of this he going to see that I am given a Christian burial in theCemetery at Fredericton. Dear Friend, I thank him. My heart is full to my Jesus and to allHis people here. Oh I ask Him to bless them and bestow upon them every good gift fromabove and lead and guide them in all of their life here and when done with this life Hewill pilot them to safety in His Kingdom where we will all be reunited as one happy familywith Him.

Oh dear public, the love of Jesus in your hearts keeps you inperfect peace but you have got to trust Him, willingly, blindly, wholly and withoutreserve. Give up all sin. You cannot expect to try and keep the smallest sin and keep thelove of Jesus. He wants all your best and in return he will give all. He loves to save anddo for us all if we will only left Him.

    You are all familiar with my trial and my crimes. They are grievousand many. Satan was the cause of it all. I served him and he always pays all who serve;him with sorrow and grief. Oh, sinner depart from Satan and serve Jesus. Do not take thefearful risk of going with Satan any longer. Oh how he tempted and lead me on. I foughtand resisted. Oh, indeed I did but I had served Satan too long. He proved stronger than I.He had my mind clouded with evil, a sinful jealousy. Oh it is fearful to think what Satancan do to them that serve him.

   But my Jesus saves and keeps me now and has taken out all fear anddread of what is to come and will go through the Valley "Shadow with me," leadme to the Pearly White City. Now, dear public, which is the best master? You see what theyhave both done. You believe what Satan has done, don't you? You do not doubt for a minuteit is easy to believe what Satan does. But you find it hard to believe what God has done.Oh let me tell you, believe what God has done too for it is real and true, bless Him.God's ways is not our ways and His ways are much higher than ours. He does not look at sinas we do. The least sin consciously done, unforgiven, will doom you just as sure as if youhad committed all of the sins and not been forgiven. Oh do not doubt or question God'spower to save to the uttermost. The vilest may come humbly and ask to be forgiven becauseJesus died and pleads for that vile thing and because it is Jesus that pleads, you areforgiven. If it was something depending on you or your works why the world would labor invain. But no it is the Blood of Jesus, sheltered under this Blood. And let me tell youagain sinner friends and Christian friends that I am forgiven and safe, Glory be to God.Think as kindly of me as you can when I am gone and if I sinned deeply Satan caused me tosin. But the love of our Lord and Saviour Jesus has lifted me up and restored my soul. Ithank, praise and give Him all the Glory. Adieu.

DARIUS THORNTON

Hangman Leaves For Coast

Arthur Ellis, the official Dominion hangman, who conducted theexecution of Darius Thornton, who as Harry D. Williams, paid the death penalty at the YorkCounty Jail immediately after midnight this morning, leaves Fredericton this afternoon forMontreal and on Saturday will leave there for the Pacific Coast where his services willnext be required.

The efficiency of the official hangman and the completeness of thearrangements which had been made by Sheriff John B. Hawthorn combined to carry out thefirst execution of Fredericton in almost 94 years in a manner which was fitting to such anoccasion. The drop of more than eight feet when the trap was sprung caused practicallyinstant death. Sheriff Hawthorn's onerous duties in connection with the carrying out ofthe death penalty were many and varied; but he made all the necessary precautions andarranged that everything would be carried out without a hitch. The condemned man left aletter in which he expressed thanks to the Sheriff and others at the jail, as well as hisdeath guards for the kindness and consideration shown him while he was a prisoner at thejail.

Yesterday afternoon Mrs. Ada Thornton, of Houlton, Me., called onher husband. She spent a few minutes with him and was led away crying. "I was gladshe came to see me," the condemned man said afterwards. "It shows what a brave,courageous and good little woman she is. God bless her and my son.

Note: Later that year (1925) a bill for the cost ofthe trial was presented to the Municipal Council for payment in the amount of $4,418, withsome small items still to be added. One of the "small items" is $4.00 for thecost of the gallows, which, according to the Gleaner is "a very reasonablecharge."

Comments: Would Darius Thornton, alias HarryDarwin Williams, been convicted had the trial taken place under 1995 rules? All thingsbeing equal, the answer is probably yes.

Although there was little or no investigation by any competentauthority, the only professional act of any kind was the Coroner's Inquest which todaywould not be held where criminal charges are laid. The inquest verdict had alreadydetermined, largely on circumstances and emotion, that Williams had committed the crime.To find a single person in the Fosterville area who believed otherwise seemed impossible.

Out of natural curiosity, most residents, youngsters and oldsters alike, probablyvisited the scene, poked around, destroying evidence, such as the young Hollis Vantasseltesting the strength of the sand bag. After all, nothing in the history of Fosterville,before or since, proved quite as dramatic as this. And yet even years afterward, out ofconsideration of the Foster family, very few people would discuss the crime openly.

One aspect of the crime was not resolved at the trial: wasCynthia "outraged", or raped in today's vernacular? Williams told Claude andEnoch Peck that he killed the girls but "didn't do what you think I did." FredPeters, Williams' lawyer, wanted to call the girl's mother, Minnie, to the stand totestify as to her "condition," that is, was the young victim having her periodat that time. If this was the case, then Williams probably did not follow through on whatobviously was his intention. Certainly the two doctors couldn't agree on the subject. Froma legal stand point, it mattered little. Williams was charged with murder, not rape. Andfor that crime he paid, in his words, the supreme penalty.

It is amusing today to read of how sanity was determined seventyyears ago. The symmetry of the head, shape of one's ear lobes had a great deal ofinfluence in the minds of the doctors specializing in mental illnesses. Even the term"alienist" (one who studies mental disorders) is alien to us today. And to havethe jury determine in a separate trial the mental state of the accused, not whether he wasinsane at the time of the crime, but whether he now understands what is happening hascertainly changed over the years. In today's legal system, insanity is the thrust, or anintegral part, of the defense, not a separate issue. In Williams' sanity trial there seemslittle doubt the jury arrived at a just conclusion, as later events proved. The notesWilliams left behind absolved his lawyer, Fred Peters, from responsibility for his actionsduring the trial. His apparent lack of interest, refusing to be sworn, fear of the oldman, all were calculated by Williams to have an influence on the jury. Unfortunately, itdid not work.

Whether or not he became truly repentant as he awaited his datewith the hangman is a matter of speculation. It has been said that no one ever saw anatheist in a foxhole. No doubt Williams faced some scary moments during his duty with amortar crew during WW1, but there seemed not a shred of fear as he marched to the gallowsseventy years ago.

It was only minutes after Williams was pronounced dead thatMcAdams Funeral Home took charge of the body. After a short burial service, Williams wasinterred in the huge cemetery on the Woodstock Road near the east side in an unmarkedgrave.

Three lives so needlessly lost. So much sorrow for thesurvivors. Those of the faith remind us that God, in His infinite Wisdom, has a reason forall things. Sometimes it is difficult to see it.


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