Lower Downtown District, Inc.

Early Justice in Denver

Mar 27, 2000

"People's Courts" and No Possibility of Parole

There were thieves who stole oysters - and horses. Murderers who killed bartenders and businessmen. Often their cases were tried by "People's Courts" ?… but sometimes Judge "Lynch" and an ugly mob presided. During 1859 and 1860, there were 14 trials for murder in Denver. Strict procedures were followed, with a jury of twelve men and one to three judges. Only six of the men tried were sentenced to death.

The Case of the Missing Oysters
In January, 1859, Denver held its first criminal trial, located in a cottonwood grove on the banks of the Platte. The defendant was charged with the theft of six cans of oysters valued at about $30. The defendant was found guilty, but there was not jail to throw him in and he had no money so he was chased out of town. There was also no judge, so a committee was there to pass sentence.

Killer Tracked over 3,000 Miles
In July, James A. Gordon brutally murdered a popular barkeeper, John Gantz. Gordon fled to Leavenworth, where friends of Gantz caught him and beat him almost to death. W.H. Middaugh tracked the murderer for more than 3,000 miles before he was finally caught. Returned to Denver in chains, Gordon faced the People's Court. Judge A.C. Hunt presided over the trial and although he had no formal legal training or territorial sanction, he was considered a man of high character. This trial was held before a thousand people in a grove of cottonwood trees below Wazee Street. It lasted several days to make sure that the court did everything to give the accused a fair trial. The defense was encouraged to put up the strongest possible arguments.

A jury of 12 brought in a verdict of murder, and Gordon was sentenced to hang on October 6. The decision was submitted to the crowd for their approval and Gordon responded with a bow.

The "Vigilance Committee"
Not all justice was handed out with such attempts of due process. Another court still worked its way in Denver's early days. These vigilantes were often led by Judge "Lynch." On December 1, 1868, the "Vigilance Committee" hanged Samford Dougan from a tree near Twelfth and Market Streets. The crime that led to Dougan's execution occurred less than two weeks earlier but was the last in a long series of crimes listed to his credit by the age of 23.

On November 20th, Dougan, along with Ed Franklin, robbed Judge Orson Brooks, an elderly and respected Denverite. City Marshal D. J. Cook attempted to capture Franklin at his hotel room, but was forced to shoot him in self-defense. Dougan was captured just south of the Wyoming border and taken to Denver, but Marshal Cook, fearing an attempt would be made to "snatch" him, was taking Dougan to a safer location when intercepted by the Vigilance Committee on the Larimer Street Bridge. The hanging took place a short time later that night.

Snatched and Hung
On September 2, 1860, vigilantes hanged Black Hawk, a horse thief. The next night they executed one of this partners and the following morning they shot another. Within 24 hours in December 1868, vigilantes snatched two men from the city jail and hung them both: one from a cottonwood tree on Twelfth Street near Larimer, the other from the Larimer Street bridge. Often their sentences were carried out in the dead of night. Citizens would awaken to find a note pinned to the dead man - "This man was hanged" - leaving no doubt about the cause of death.