A murder Most Foul (Explore)
When you look upon a tomb stone, all most people see is just that, an empty grave site. But if you can look closer perhaps another story can unfold. So was the case of a distant relative of mine.
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Arthur LeClair was Murdered Dec. 22, in 1907 in Neche, North Dakota and was a distant family member of mine. He was murdered by his best friend. It made headlines in the surrounding towns. A very interesting story to read with a "surprise ending".
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The Pink Paper
Bathgate, Pembina Co, North Dakota
December 25, 1907
HORRIBLE MURDER
ARTHUR LECLAIR OF NECHE
KILLED WITH A HATCHET
Suspect arrested at Bathgate on Monday
Coroner’s inquest to be held today.
On Monday morning this city was greatly stirred up over a phone message to the effect that Arthur LeClair, well known to our young people, had been murdered the previous evening at Neche.
Inquiry at the chronotype office brought the following information. Arthur had been about town on Sunday evening until about 11:15 p.m. when he started home along.
That was the last seen as he did not go home, that night, his father became some what worried over his absence. He called the residence of Robert Faulker, a neighbor, and the two started to look for him. They thought he might have gone to the ice rink on the river near the Great Northern Railroad crossing and perhaps had fallen in some way and injured himself. When within a few hundred feet of the dam they came across a pool of blood but were not especially alarmed, thinking it, that of some animal. They followed the bloody trail and shortly came on a small axe or hatchet covered with blood and as they approached the dam they saw Arthur’s hat at the head of it. By this time they were fully aroused to the seriousness of the situation. There was blood down the apron of the dam and a small opening consequent on the flow of water but the body could not be seen. Mr. Faulker went to his residence near by and secured an axe and enlarged the opening a few feet when they saw the body of Arthur under the water and the remains were quickly recovered and taken to the residence of his parents. His face was not disfigured but there was a large gash in the back of his head through which his blood flowed.
The Lampman family and others of Neche people heard screams the previous evening about the hour Arthur must have started for home but thought it was probably some late roysters from across the line and paid no particular attention to it. At this hour of going to press nothing definite seems to have developed regarding the murderer or the cause of the crime.
As is usual in such cases the air is full of rumors, the most authentic of which connects the name of a Negro transient with the crime. The Negro is said to have been seen in Arthur’s company on Sunday and later in the day was evidently under the influence of liquor. He was in Neche until Monday morning when he left afoot in a southerly direction and stopped at the Vospers, Hicks, Messacres and other places and reach Bathgate shortly after noon. Marshall O’Harra received notice that the Negro was probably in this place and was wanted as a suspect. O’Harra soon rounded him up and he was taken back to Neche by officers. So far as we are able to learn the evidence against the suspect is purely circumstantial. The inquest will probably develop farther facts.
Arthur LeClair resided at Neche since his birth, with his parents and was 21 years of age. He has been engaged for some time past as fireman on the Neche and Walhalla branches of the Great Northern Railroad. He was at home to spend the holidays. The Neche people are aroused and will see that the matter is sifted to the bottom and the murderer brought to justice. It was evidently the most cold blooded and shocking murders ever committed in this county and no expense should be spared on the part of the county officials to make the investigation most thorough.
Coroner Bour of St. Thomas has been notified but not in time to get to the scene of the crime on Monday.
The Pink Paper
Bathgate, Pembina Co, North Dakota
January 1, 1907
The funeral of Arthur LeClair took place on Thursday. The body was taken from the LeClair home to the R. C. church, where a very brief and simple service was said by Rev Fr. Fobes. The casket was covered with floral tributes, and the hearse was followed by a large delegation of the Brotherhood of Locomotive Fireman, of which Arthur was a member, with whom marched a number of other friends of the dead boy, forming quite a procession. Interment was made in the Catholic cemetery here.
The Pink Paper
****Jan. 1, 1907****
Mr. Eli Roy, father of Mrs. Fred LeClair, and Mrs. J. Roy, sister-in-law of same, of St. Jean, Manitoba, arrived on Tuesday, calied by the death of Arthur LeClair.
The Pink Paper
Jan. 8, 1908
NECHE MURDER
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WAS ONE OF THE MOST LAMENTABLE
CRIMES EVER COMMITTED IN
PEMBINA COUNTY
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James O’Brien, of Neche made a complete confession of the murder of Arthur LeClair, the Great Northern Fireman, Sunday. The 16 year old slayer gave up the details of his crime to J. C. Crawford a Pinkerton detective, who had been working on the case.The confession came after he had been confronted with his bloody clothing, hatchet with which the crime had been committed a bloody scarf and other evidences of his guilt. When the news was broken to the father of O’Brien, for years a resident of Neche and Customs Officer there, he broke down completely. Fred LeClair the father of the murdered boy called on him in an endeavor to console him.
Detective Crawford, 18 years in the business, had quite a time getting the murderer to confess. He worked various schemes and was finally successful, after picturing to the boy, the certainty of his conviction, and calling his attention to the great expense with which his father would be burdened, in case he fought the case in District Court.
The following is the complete confession of young O’Brien: To J.C. Crawford Pinkerton Detective.
On Sunday December 22, 1907, LeClair and I went to Gretna twice and drank each time. Coming back the second time both of us were quarreling as to who was the Best Man and LeClair said he could lick three O’Brien’s and I got mad. When we left Cook’s shop, I made an excuse to go out to the closet and I got a hatchet and we started for the rink. When we got down there he made some remarks about fighting me and he put one foot behind me and threw me over. I got up and he hit me and I hit him with a hatchet and after I saw what I had done, I hit him again and took his pocketbook and threw it in the river. I got the hatchet from behind the house where the ice is kept. I threw the body over the bank and followed the body down the bank, I think I had hold of him by the collar and dropped him right at the head of the dam, in the river. James O’Brien-
Witness (to Confession)
J.H. Anderson
J.C. Fielding
George Roadhouse
I James O’Brien, do voluntarily make a statement in my own handwriting and of my own free will before witness, J.C. Fielding and Geo. Roadhouse, that the contents and page no. 2 is a true statement of how I, James O’Brien, killed Arthur LeClair on Sunday, December 22, 1907. I have written this statement for the purpose of telling the truth on my part and have not shield anyone, as there was nobody implicated but myself.
_James O’Brien
Dated Sunday, December 22, 1907
Witness- Geo. Roadhouse
-J.C. Fielding
An effort was made yesterday to locate the money claimed by O’Brien to have been thrown in the Pembina River. Ice was broken but the money was not found. It is thought probable that O’Brien had not told the truth about the quarrel with LeClair and the disposition of the money. LeClair was not of a quarrelsome disposition and it is the general opinion, that he was killed in Cold Blood.
Although the above confession has been since shown by the boy murderer himself to have been in part a lie, it contains at least one horrible truth-James O’Brien foully murdered his friend. Whether he committed the crime as he relates it or whether he stepped behind LeClair and dealt the blow that felled him to the ground-interrupting perhaps a friendly conversation to do this deep most dark and damnable-will perhaps never be known except to him who has forever quitted god’s good sunshine for the light of a felon’s cell, who has forever breathed his last of the sweet air of liberty.
To return to the proceedings of the Saturday session of the coroner’s inquest. James O’Brien was the principal witness. He did not waver as he told states attorney Brynjolfson lie for lie; he did not change color when his gray haired father was forced to undergo the ordeal of accounting for his son’s movements the night of the murder; he did not blush for shame when his sorrow stricken mother was called upon to tell of the hatchet with which he had slain his chum; he did not even shudder when confronted with his own garments in which he knew was dried the blood of Arthur LeClair yet the meshes of the law were already about the boy, and he felt them tighten when he was place under arrest by sheriff Roadhouse Saturday evening. He must have realized that his guilt was known when he was taken to Pembina and place in a cell, in the county jail, but never, do we think, has he realized the enormity of his crime. He sang and whistled in his cell, and managing to lift the window, called to his acquaintances and held converse with them.
Pinkerton detective Crawford was admitted to O’Brien cell on Sunday afternoon, he told the boy that his guilt was known and that the proofs were positive He told him that one or two fates surely awaited him-hanging or life imprisonment. He told him that his crime was of a nature that merited hanging, and that the law had so inexorably provided. O’Brien still maintained his innocence. The detective told him that if the case came to trail and the prisoner entered a pea of not guilty, his guilt would surely be proven to the jury, and the Judge would undoubtedly be obligated, in view of the conclusive evidence submitted, to give him to the gallows. He told the boy that if he plead not guilty his father would, beggar himself in his defense, and all to no end-the result would be the same- a verdict of guilt. Still the boy protested that he had nothing to do with the murder of Arthur LeClair. Then the Pinkerton man told Jimmie that there were others suspected of complicity, and that a confession from him would not only cause sympathy as could be extended a murderer for himself, but would accelerate the ends of justice, while on the contrary if he, the prisoner, remained silent he could expect no mercy if found guilty, and a stigma of doubt would forever attach to the names of some perhaps innocent people. Already, the detective urges, the prisoner’s parents had suffered the pangs and pains of heartbreak, and by maintaining his innocence to the end, they would be further humiliated and their shame and sorrow held up to the gaze of all men, O’Brien was still obdurate. Then, after the detective had presented all these arguments in every light-and sympathy for the unfortunate boy perhaps made him eloquent-Jimmie at last burst into tears, and laying his head on Mr. Crawford knee’s confessed that he “did it alone.” Both the prisoner and the detective were now weeping. The confession followed which the boy-murderer has since himself proven to be a lie with the exception of the one all important fact-his hand, and his alone, dealt the blows that drove the life from the body of Arthur LeClair.
States-attorney Brynjolfson was called at once. O’Brien wrote with a lead pencil the confession which appears foregoing, in the presence of the witnesses whose names are there unto, subscribed. On Monday morning detective Crawford drove to Neche with the confession in his pocket, and proceeded to publish it to the townspeople. Everyone-even the family of the murderer-experience a feeling of great relief. Everyone had been morally certain-as certain as men can be before a trail by judge and jury-that James O’Brien had been the main actor in the hideous drama enacted on the night of December 22, but the demeanor of the murderer and the peculiar character of the trail made by dragging the body from the river bank to the hole below the dam-which indicated to those whose good judgment was recognized and respected that two had dragged the corpse, one at the head and one at the feet-led may to a belief that O’Brien had at least one accomplice. When it was learned that no one else had been in any way concerned in the commission of the crime everyone breathed freer, and to some the knowledge came as a relief from doubt and suspense.
*
*
After the inquest the prisoner made a request that he be allowed to see his parents before he was taken back to jail. The request was granted. In the intervening time, before his father could come to see him, he managed to communicate with one of the town boys to the effect that he would “find something, if he look under the rocks at the dam”. The officers were at once apprised of this statement, and a thorough search was made of the place mentions, which revealed nothing but three lead pencils found hidden under a stone. When the prisoner was allowed to see his father the latter on his knees begged his son to tell what had been done with the money. “I burned it,” was the reply. The search for the money by cutting ice below the dam was now discontinued. Shortly the prisoner left his parents, he told the detective that if he would allow, the place where the money was hidden would be revealed. The officer went with the boy to his father barn, and in the loft from under a handful of twine on a beam the boy took seventy dollars six five and four ten dollar bills. This O’Brien vowed was all the money he had taken from LeClair, the pocketbook he said he had burned in the kitchen stove. Sheriff Roadhouse took his prisoner back to Pembina Tuesday evening. Since then he has further amended his original confession by admitting that he had no quarrel with LeClair. This marks every vestige of the original confession as untruth, with the exception of the bare fact of the murder.
Detective Crawford on Wednesday secured a sworn affidavit from a seventeen year old boy who was a eye witness to the murder. The boy was
going home from Giadue’s rink that night about 11:15, and when coming up the road that runs along the river bank he saw figures ahead of him, and by their conversation recognized them as Arthur LeClair and James O’Brien. He was at this time standing about 60 feet from the spot where the murder occurred. As the boy relates it in his affidavit a conversation like this ensued between O’Brien; O’Brien-”Come on, Goose, let’s go down to the rink.” LeClair-”No, I'm sick; I’m going home and to bed.” O’Brien-”If you’re sick, lets walk to the woods-walk off your jag.” LeClair-”No, “I’m going home to bed.” O’Brien-”What you afraid of the wolves?” LeClair-Not afraid of anything, but I’m going home to bed.” The boy who had over heard this conversation saw the murder done. He ran home in terror, told his father what he had heard and seen, and begged him not to tell for fear “they might do something to him for it .” The affidavit was given on condition that the boy’s name would not be disclosed. It proves that there was nothing like a quarrel or a scuffle just before the murder. The thing was done in cold blood-a murder most foul.
O’Brien was given a preliminary hearing at Pembina Thursday. He plead guilty and was bound over to the session of the District court for sentence. It is believed he will receive a sentence of life imprisonment. The character of his crime would indicate that he can receive nothing less than this-If indeed, he escapes the hangman.
The Pink Paper
Jan. 15, 1908
CRIMINAL CALENDER
James O’Brien, aged 16 years, was sentenced at Pembina to life imprisonment for the murder of Arthur LeClair the Great Northern Fireman at Neche on Dec. 22th.
O’BRIEN PLEADED GUILTY
An appeal for clemency was made by John F. Conmy, attorney for the prisoner. Attorney Conmy pointed to the youth of the prisoner and the fact that he had become intoxicated as a result of saloons being kept open illegally at Gretna (Canada) on Sunday. As attorney Conmy pleaded for him O’Brien broke down and wept.
Judge W. J. Kneeshaw spoke for about 15 minutes to the prisoner and his remarks were intended as much for the great crowd assembled in the court room. He pictured O’Brien as one who had given away to his baser feelings and who was not about to pay the penalty. Bad habit, disregard for the law and the rights of others finally ended in the murder of a friend for a paltry sum of money.
A foul murder has been committed in Neche, by a boy of tender years, only sixteen years of age. He comes of a good family but had previous to
committing this crime built up an unsavory reputation. We do not know why. Whether improper administration of the parent is responsible for the acts of a boy so young can not always be determined. But waywardness and evil tendencies manifest themselves in a character at premature age and then is the time to apply or administer the remedy. Keep track of the boy and try and see that he does not frequent places of questionable demeanor that fill the atmosphere with the fumes of moral perversion. See to it that he selects
Good and Virtuous companions and guide him along the pathway of youth in
such manner that no one can point a finger of scorn at you for delinquency in parental duties. The church, the Sunday school, the home and the Public school have that boy in their care and his future is molded by the influences and environments of youth. “As the twig is bent, the tree is inclined”, if you deem yourself a good father or mother keep your eye on your boy.
O’Brien father was present in the court room with the boy. The old man is over come with sorrow and the disgrace the boy had brought upon him.
O’Brien was taken to the penitentiary Saturday evening.
Before passing sentence Judge Kneeshaw said;
“You are accused of murder in the first degree for the murder of Arthur LeClair, aforethought, with premeditated design to effect the death of Arthur LeClair; then and there assaulted and beat him with a hatchet from which he died. Have you any reason why the court should not sentence you?”
PLEA FOR O’BRIEN
J. P. Conmy, counsel for the defendant, in reply said:
“At this time, before sentence is pronounced, we wish to say a few words. We know just the position in which the court is placed in this case according to the law. However, we throw our self upon the mercy of the court and ask for clemency. Consider the character of the accused. He is not a hardened and unfeeling criminal. We do not mean that there should be no punishment for crime, on account of the tender age-but we do feel that in this case where a boy has confessed. In such a case, your honor, we believe that there is due clemency from this court. However, now that matters have been placed before you in their true light, that the accused stands before you readily, bear in mind the youthfulness of the lad-life is sweet to him-and the heartrending of his parents. Extend to him all the clemency in your power. This confession was not given to obtain the mercy of the court. It was given by James O’Brien with the purpose of removing the doubt, if there was any, from others and to prevent any further torture to his parents. On the circumstances surrounding the crime let me dwell. Let me introduce to you the surrounding which have assailed the life of the accused, the bars, and saloons of Grenta, the one necessary qualification being the price. How easy to pass from one station to the other. Think of the temptations which surrounded your life, of the temptations of any boy at the age of 16. How easy then it was to fall into temptations, which robbed him of his senses from unlawful administration of others. While we ask clemency we know the position in which the court is placed. His confession was made to free all others on whom the shadow of doubt might rest.”
COURT TO THE ACCUSED
Judge Kneeshaw said to James O’Brien:
“The law of this state when a defendant pleads guilty to a charge of murder provides that if he pleads guilty to murder in the second degree it then devolves into murder and the court may then examine witnesses in order to inquire into the enormity of the crime, or he may call in a jury to pass on the punishment, or he may refuse to pass on the plea and submit the case to a jury. In this case I have decided to receive the plea of guilty in the first degree and I will say that by so doing I have been placed in a very trying position. You, James O’Brien, I have known since you were a baby, and I have known your father and mother for 30 years. They are some of the old settlers in the county, and when I say old settlers of the Red River valley I mean they consist of the best people that ever lived. I have known your father when I was a young man, and learned to like him as a brother, and it is indeed, a trying thing for me to pass sentence upon you. I have no doubt that the bars of Gretna are largely responsible for the death of LeClair. No person can realize that a boy your age could ever commit a crime as been developed in this case. No more dastardly deed has ever been committed in this county.
JUDICIAL MURDER
“The penalty provided for such crime is death or imprisonment for life. In this case I will say and I feel proud to be able to say that I consciously do not believe that capital punishment is justifiable. Hanging is nothing but judicial murder. There is no excuse for a state to take a man out in cold blood and hang him by the neck. Most people of the present day believe hanging is a relic of barbarism. Now, Jimmie, you can see what whisky, and bad company have brought upon you. You can realize that in cold blood, you killed your chum and brought him before God and his maker. You can see what trouble rests upon your parents and all on account of whisky and bad company. I have noticed that during the proceedings you have shed many tears. I am glad of that. I believe that when a boy is able to shed tears and show that he is penitent that there is some hope that he may repent. This is indeed not only to you and boys of this country of the bad effects of whisky and I hope that everyone in my hearing will take this home with them. Now, Jimmie, I will have to sentence you. I hope that god’s holy spirit may be with you and help you and guide you in your future life. I think I have expressed to you all I can on this line.
“The sentence of the court is that you James O’Brien, shall be confined in the state penitentiary in the county of Burleigh, state of North Dakota, at hard labor for the rest of your natural life, commencing at 12 o’clock noon today.”
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Epilogue:
When World War I broke out the army needed bodies and promised any one in prison who would serve in the army, and survived, would be offered a pardon when the war ended. As luck would have it O’Brien served throughout the war without a scratch. After the war he returned to Neche. However, the local people would have nothing to do with him and shunned him. After a short time he left and was never seen or heard from again.
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A murder Most Foul (Explore)
When you look upon a tomb stone, all most people see is just that, an empty grave site. But if you can look closer perhaps another story can unfold. So was the case of a distant relative of mine.
************************
Arthur LeClair was Murdered Dec. 22, in 1907 in Neche, North Dakota and was a distant family member of mine. He was murdered by his best friend. It made headlines in the surrounding towns. A very interesting story to read with a "surprise ending".
***************************
The Pink Paper
Bathgate, Pembina Co, North Dakota
December 25, 1907
HORRIBLE MURDER
ARTHUR LECLAIR OF NECHE
KILLED WITH A HATCHET
Suspect arrested at Bathgate on Monday
Coroner’s inquest to be held today.
On Monday morning this city was greatly stirred up over a phone message to the effect that Arthur LeClair, well known to our young people, had been murdered the previous evening at Neche.
Inquiry at the chronotype office brought the following information. Arthur had been about town on Sunday evening until about 11:15 p.m. when he started home along.
That was the last seen as he did not go home, that night, his father became some what worried over his absence. He called the residence of Robert Faulker, a neighbor, and the two started to look for him. They thought he might have gone to the ice rink on the river near the Great Northern Railroad crossing and perhaps had fallen in some way and injured himself. When within a few hundred feet of the dam they came across a pool of blood but were not especially alarmed, thinking it, that of some animal. They followed the bloody trail and shortly came on a small axe or hatchet covered with blood and as they approached the dam they saw Arthur’s hat at the head of it. By this time they were fully aroused to the seriousness of the situation. There was blood down the apron of the dam and a small opening consequent on the flow of water but the body could not be seen. Mr. Faulker went to his residence near by and secured an axe and enlarged the opening a few feet when they saw the body of Arthur under the water and the remains were quickly recovered and taken to the residence of his parents. His face was not disfigured but there was a large gash in the back of his head through which his blood flowed.
The Lampman family and others of Neche people heard screams the previous evening about the hour Arthur must have started for home but thought it was probably some late roysters from across the line and paid no particular attention to it. At this hour of going to press nothing definite seems to have developed regarding the murderer or the cause of the crime.
As is usual in such cases the air is full of rumors, the most authentic of which connects the name of a Negro transient with the crime. The Negro is said to have been seen in Arthur’s company on Sunday and later in the day was evidently under the influence of liquor. He was in Neche until Monday morning when he left afoot in a southerly direction and stopped at the Vospers, Hicks, Messacres and other places and reach Bathgate shortly after noon. Marshall O’Harra received notice that the Negro was probably in this place and was wanted as a suspect. O’Harra soon rounded him up and he was taken back to Neche by officers. So far as we are able to learn the evidence against the suspect is purely circumstantial. The inquest will probably develop farther facts.
Arthur LeClair resided at Neche since his birth, with his parents and was 21 years of age. He has been engaged for some time past as fireman on the Neche and Walhalla branches of the Great Northern Railroad. He was at home to spend the holidays. The Neche people are aroused and will see that the matter is sifted to the bottom and the murderer brought to justice. It was evidently the most cold blooded and shocking murders ever committed in this county and no expense should be spared on the part of the county officials to make the investigation most thorough.
Coroner Bour of St. Thomas has been notified but not in time to get to the scene of the crime on Monday.
The Pink Paper
Bathgate, Pembina Co, North Dakota
January 1, 1907
The funeral of Arthur LeClair took place on Thursday. The body was taken from the LeClair home to the R. C. church, where a very brief and simple service was said by Rev Fr. Fobes. The casket was covered with floral tributes, and the hearse was followed by a large delegation of the Brotherhood of Locomotive Fireman, of which Arthur was a member, with whom marched a number of other friends of the dead boy, forming quite a procession. Interment was made in the Catholic cemetery here.
The Pink Paper
****Jan. 1, 1907****
Mr. Eli Roy, father of Mrs. Fred LeClair, and Mrs. J. Roy, sister-in-law of same, of St. Jean, Manitoba, arrived on Tuesday, calied by the death of Arthur LeClair.
The Pink Paper
Jan. 8, 1908
NECHE MURDER
-------------
WAS ONE OF THE MOST LAMENTABLE
CRIMES EVER COMMITTED IN
PEMBINA COUNTY
---------
James O’Brien, of Neche made a complete confession of the murder of Arthur LeClair, the Great Northern Fireman, Sunday. The 16 year old slayer gave up the details of his crime to J. C. Crawford a Pinkerton detective, who had been working on the case.The confession came after he had been confronted with his bloody clothing, hatchet with which the crime had been committed a bloody scarf and other evidences of his guilt. When the news was broken to the father of O’Brien, for years a resident of Neche and Customs Officer there, he broke down completely. Fred LeClair the father of the murdered boy called on him in an endeavor to console him.
Detective Crawford, 18 years in the business, had quite a time getting the murderer to confess. He worked various schemes and was finally successful, after picturing to the boy, the certainty of his conviction, and calling his attention to the great expense with which his father would be burdened, in case he fought the case in District Court.
The following is the complete confession of young O’Brien: To J.C. Crawford Pinkerton Detective.
On Sunday December 22, 1907, LeClair and I went to Gretna twice and drank each time. Coming back the second time both of us were quarreling as to who was the Best Man and LeClair said he could lick three O’Brien’s and I got mad. When we left Cook’s shop, I made an excuse to go out to the closet and I got a hatchet and we started for the rink. When we got down there he made some remarks about fighting me and he put one foot behind me and threw me over. I got up and he hit me and I hit him with a hatchet and after I saw what I had done, I hit him again and took his pocketbook and threw it in the river. I got the hatchet from behind the house where the ice is kept. I threw the body over the bank and followed the body down the bank, I think I had hold of him by the collar and dropped him right at the head of the dam, in the river. James O’Brien-
Witness (to Confession)
J.H. Anderson
J.C. Fielding
George Roadhouse
I James O’Brien, do voluntarily make a statement in my own handwriting and of my own free will before witness, J.C. Fielding and Geo. Roadhouse, that the contents and page no. 2 is a true statement of how I, James O’Brien, killed Arthur LeClair on Sunday, December 22, 1907. I have written this statement for the purpose of telling the truth on my part and have not shield anyone, as there was nobody implicated but myself.
_James O’Brien
Dated Sunday, December 22, 1907
Witness- Geo. Roadhouse
-J.C. Fielding
An effort was made yesterday to locate the money claimed by O’Brien to have been thrown in the Pembina River. Ice was broken but the money was not found. It is thought probable that O’Brien had not told the truth about the quarrel with LeClair and the disposition of the money. LeClair was not of a quarrelsome disposition and it is the general opinion, that he was killed in Cold Blood.
Although the above confession has been since shown by the boy murderer himself to have been in part a lie, it contains at least one horrible truth-James O’Brien foully murdered his friend. Whether he committed the crime as he relates it or whether he stepped behind LeClair and dealt the blow that felled him to the ground-interrupting perhaps a friendly conversation to do this deep most dark and damnable-will perhaps never be known except to him who has forever quitted god’s good sunshine for the light of a felon’s cell, who has forever breathed his last of the sweet air of liberty.
To return to the proceedings of the Saturday session of the coroner’s inquest. James O’Brien was the principal witness. He did not waver as he told states attorney Brynjolfson lie for lie; he did not change color when his gray haired father was forced to undergo the ordeal of accounting for his son’s movements the night of the murder; he did not blush for shame when his sorrow stricken mother was called upon to tell of the hatchet with which he had slain his chum; he did not even shudder when confronted with his own garments in which he knew was dried the blood of Arthur LeClair yet the meshes of the law were already about the boy, and he felt them tighten when he was place under arrest by sheriff Roadhouse Saturday evening. He must have realized that his guilt was known when he was taken to Pembina and place in a cell, in the county jail, but never, do we think, has he realized the enormity of his crime. He sang and whistled in his cell, and managing to lift the window, called to his acquaintances and held converse with them.
Pinkerton detective Crawford was admitted to O’Brien cell on Sunday afternoon, he told the boy that his guilt was known and that the proofs were positive He told him that one or two fates surely awaited him-hanging or life imprisonment. He told him that his crime was of a nature that merited hanging, and that the law had so inexorably provided. O’Brien still maintained his innocence. The detective told him that if the case came to trail and the prisoner entered a pea of not guilty, his guilt would surely be proven to the jury, and the Judge would undoubtedly be obligated, in view of the conclusive evidence submitted, to give him to the gallows. He told the boy that if he plead not guilty his father would, beggar himself in his defense, and all to no end-the result would be the same- a verdict of guilt. Still the boy protested that he had nothing to do with the murder of Arthur LeClair. Then the Pinkerton man told Jimmie that there were others suspected of complicity, and that a confession from him would not only cause sympathy as could be extended a murderer for himself, but would accelerate the ends of justice, while on the contrary if he, the prisoner, remained silent he could expect no mercy if found guilty, and a stigma of doubt would forever attach to the names of some perhaps innocent people. Already, the detective urges, the prisoner’s parents had suffered the pangs and pains of heartbreak, and by maintaining his innocence to the end, they would be further humiliated and their shame and sorrow held up to the gaze of all men, O’Brien was still obdurate. Then, after the detective had presented all these arguments in every light-and sympathy for the unfortunate boy perhaps made him eloquent-Jimmie at last burst into tears, and laying his head on Mr. Crawford knee’s confessed that he “did it alone.” Both the prisoner and the detective were now weeping. The confession followed which the boy-murderer has since himself proven to be a lie with the exception of the one all important fact-his hand, and his alone, dealt the blows that drove the life from the body of Arthur LeClair.
States-attorney Brynjolfson was called at once. O’Brien wrote with a lead pencil the confession which appears foregoing, in the presence of the witnesses whose names are there unto, subscribed. On Monday morning detective Crawford drove to Neche with the confession in his pocket, and proceeded to publish it to the townspeople. Everyone-even the family of the murderer-experience a feeling of great relief. Everyone had been morally certain-as certain as men can be before a trail by judge and jury-that James O’Brien had been the main actor in the hideous drama enacted on the night of December 22, but the demeanor of the murderer and the peculiar character of the trail made by dragging the body from the river bank to the hole below the dam-which indicated to those whose good judgment was recognized and respected that two had dragged the corpse, one at the head and one at the feet-led may to a belief that O’Brien had at least one accomplice. When it was learned that no one else had been in any way concerned in the commission of the crime everyone breathed freer, and to some the knowledge came as a relief from doubt and suspense.
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After the inquest the prisoner made a request that he be allowed to see his parents before he was taken back to jail. The request was granted. In the intervening time, before his father could come to see him, he managed to communicate with one of the town boys to the effect that he would “find something, if he look under the rocks at the dam”. The officers were at once apprised of this statement, and a thorough search was made of the place mentions, which revealed nothing but three lead pencils found hidden under a stone. When the prisoner was allowed to see his father the latter on his knees begged his son to tell what had been done with the money. “I burned it,” was the reply. The search for the money by cutting ice below the dam was now discontinued. Shortly the prisoner left his parents, he told the detective that if he would allow, the place where the money was hidden would be revealed. The officer went with the boy to his father barn, and in the loft from under a handful of twine on a beam the boy took seventy dollars six five and four ten dollar bills. This O’Brien vowed was all the money he had taken from LeClair, the pocketbook he said he had burned in the kitchen stove. Sheriff Roadhouse took his prisoner back to Pembina Tuesday evening. Since then he has further amended his original confession by admitting that he had no quarrel with LeClair. This marks every vestige of the original confession as untruth, with the exception of the bare fact of the murder.
Detective Crawford on Wednesday secured a sworn affidavit from a seventeen year old boy who was a eye witness to the murder. The boy was
going home from Giadue’s rink that night about 11:15, and when coming up the road that runs along the river bank he saw figures ahead of him, and by their conversation recognized them as Arthur LeClair and James O’Brien. He was at this time standing about 60 feet from the spot where the murder occurred. As the boy relates it in his affidavit a conversation like this ensued between O’Brien; O’Brien-”Come on, Goose, let’s go down to the rink.” LeClair-”No, I'm sick; I’m going home and to bed.” O’Brien-”If you’re sick, lets walk to the woods-walk off your jag.” LeClair-”No, “I’m going home to bed.” O’Brien-”What you afraid of the wolves?” LeClair-Not afraid of anything, but I’m going home to bed.” The boy who had over heard this conversation saw the murder done. He ran home in terror, told his father what he had heard and seen, and begged him not to tell for fear “they might do something to him for it .” The affidavit was given on condition that the boy’s name would not be disclosed. It proves that there was nothing like a quarrel or a scuffle just before the murder. The thing was done in cold blood-a murder most foul.
O’Brien was given a preliminary hearing at Pembina Thursday. He plead guilty and was bound over to the session of the District court for sentence. It is believed he will receive a sentence of life imprisonment. The character of his crime would indicate that he can receive nothing less than this-If indeed, he escapes the hangman.
The Pink Paper
Jan. 15, 1908
CRIMINAL CALENDER
James O’Brien, aged 16 years, was sentenced at Pembina to life imprisonment for the murder of Arthur LeClair the Great Northern Fireman at Neche on Dec. 22th.
O’BRIEN PLEADED GUILTY
An appeal for clemency was made by John F. Conmy, attorney for the prisoner. Attorney Conmy pointed to the youth of the prisoner and the fact that he had become intoxicated as a result of saloons being kept open illegally at Gretna (Canada) on Sunday. As attorney Conmy pleaded for him O’Brien broke down and wept.
Judge W. J. Kneeshaw spoke for about 15 minutes to the prisoner and his remarks were intended as much for the great crowd assembled in the court room. He pictured O’Brien as one who had given away to his baser feelings and who was not about to pay the penalty. Bad habit, disregard for the law and the rights of others finally ended in the murder of a friend for a paltry sum of money.
A foul murder has been committed in Neche, by a boy of tender years, only sixteen years of age. He comes of a good family but had previous to
committing this crime built up an unsavory reputation. We do not know why. Whether improper administration of the parent is responsible for the acts of a boy so young can not always be determined. But waywardness and evil tendencies manifest themselves in a character at premature age and then is the time to apply or administer the remedy. Keep track of the boy and try and see that he does not frequent places of questionable demeanor that fill the atmosphere with the fumes of moral perversion. See to it that he selects
Good and Virtuous companions and guide him along the pathway of youth in
such manner that no one can point a finger of scorn at you for delinquency in parental duties. The church, the Sunday school, the home and the Public school have that boy in their care and his future is molded by the influences and environments of youth. “As the twig is bent, the tree is inclined”, if you deem yourself a good father or mother keep your eye on your boy.
O’Brien father was present in the court room with the boy. The old man is over come with sorrow and the disgrace the boy had brought upon him.
O’Brien was taken to the penitentiary Saturday evening.
Before passing sentence Judge Kneeshaw said;
“You are accused of murder in the first degree for the murder of Arthur LeClair, aforethought, with premeditated design to effect the death of Arthur LeClair; then and there assaulted and beat him with a hatchet from which he died. Have you any reason why the court should not sentence you?”
PLEA FOR O’BRIEN
J. P. Conmy, counsel for the defendant, in reply said:
“At this time, before sentence is pronounced, we wish to say a few words. We know just the position in which the court is placed in this case according to the law. However, we throw our self upon the mercy of the court and ask for clemency. Consider the character of the accused. He is not a hardened and unfeeling criminal. We do not mean that there should be no punishment for crime, on account of the tender age-but we do feel that in this case where a boy has confessed. In such a case, your honor, we believe that there is due clemency from this court. However, now that matters have been placed before you in their true light, that the accused stands before you readily, bear in mind the youthfulness of the lad-life is sweet to him-and the heartrending of his parents. Extend to him all the clemency in your power. This confession was not given to obtain the mercy of the court. It was given by James O’Brien with the purpose of removing the doubt, if there was any, from others and to prevent any further torture to his parents. On the circumstances surrounding the crime let me dwell. Let me introduce to you the surrounding which have assailed the life of the accused, the bars, and saloons of Grenta, the one necessary qualification being the price. How easy to pass from one station to the other. Think of the temptations which surrounded your life, of the temptations of any boy at the age of 16. How easy then it was to fall into temptations, which robbed him of his senses from unlawful administration of others. While we ask clemency we know the position in which the court is placed. His confession was made to free all others on whom the shadow of doubt might rest.”
COURT TO THE ACCUSED
Judge Kneeshaw said to James O’Brien:
“The law of this state when a defendant pleads guilty to a charge of murder provides that if he pleads guilty to murder in the second degree it then devolves into murder and the court may then examine witnesses in order to inquire into the enormity of the crime, or he may call in a jury to pass on the punishment, or he may refuse to pass on the plea and submit the case to a jury. In this case I have decided to receive the plea of guilty in the first degree and I will say that by so doing I have been placed in a very trying position. You, James O’Brien, I have known since you were a baby, and I have known your father and mother for 30 years. They are some of the old settlers in the county, and when I say old settlers of the Red River valley I mean they consist of the best people that ever lived. I have known your father when I was a young man, and learned to like him as a brother, and it is indeed, a trying thing for me to pass sentence upon you. I have no doubt that the bars of Gretna are largely responsible for the death of LeClair. No person can realize that a boy your age could ever commit a crime as been developed in this case. No more dastardly deed has ever been committed in this county.
JUDICIAL MURDER
“The penalty provided for such crime is death or imprisonment for life. In this case I will say and I feel proud to be able to say that I consciously do not believe that capital punishment is justifiable. Hanging is nothing but judicial murder. There is no excuse for a state to take a man out in cold blood and hang him by the neck. Most people of the present day believe hanging is a relic of barbarism. Now, Jimmie, you can see what whisky, and bad company have brought upon you. You can realize that in cold blood, you killed your chum and brought him before God and his maker. You can see what trouble rests upon your parents and all on account of whisky and bad company. I have noticed that during the proceedings you have shed many tears. I am glad of that. I believe that when a boy is able to shed tears and show that he is penitent that there is some hope that he may repent. This is indeed not only to you and boys of this country of the bad effects of whisky and I hope that everyone in my hearing will take this home with them. Now, Jimmie, I will have to sentence you. I hope that god’s holy spirit may be with you and help you and guide you in your future life. I think I have expressed to you all I can on this line.
“The sentence of the court is that you James O’Brien, shall be confined in the state penitentiary in the county of Burleigh, state of North Dakota, at hard labor for the rest of your natural life, commencing at 12 o’clock noon today.”
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Epilogue:
When World War I broke out the army needed bodies and promised any one in prison who would serve in the army, and survived, would be offered a pardon when the war ended. As luck would have it O’Brien served throughout the war without a scratch. After the war he returned to Neche. However, the local people would have nothing to do with him and shunned him. After a short time he left and was never seen or heard from again.
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