Execution of Foster & Stone - 13th Missouri Cavalry

During the 1860s when Fort Wardwell [Fort Morgan] was the most active at fighting the allied tribes, the fort earned some unwelcome notoriety. On January 8, 1866, two soldiers from the 13^th Missouri Cavalry stationed at Camp Wardwell were arrested for the murders of Isaac H. Augustus and F. H. Sluman, freighters working for Carney & Stevens out of Leavenworth, Kansas.

Privates Frank Foster and Henry Stone of Company E, 13^th Missouri Cavalry were arrested for the murders and brought to Denver for trial. The soldiers were found guilty and sentenced to be hanged. The details of the murders were reported as part of Franklin Foster’s confession reported in the newspaper on May 17^th:

To the People of Colorado:

I was born in Stoddard county, Missouri, on the 25^th day of February 1846. My parents are both dead – they died about thirteen years ago. I was an honest boy until I came to Colorado – accounted so by everybody, both women and men. I enlisted in the army July 1861, at Cape Girardeau, Mo. In the 12^th Missouri Cav. I consider myself as good a soldier as every took hold of the butt of a revolver. My regiment was consolidated with the 5^th Mo. Cav., and I afterwards enlisted as a veteran in the 13^th Mo. Cav. We came to Kansas (Ft. Zarah,) from there to Denver; from Denver to Camp Wardwell.

On the 5^th day of January last, about two o’clock in the evening, myself and Henry Stone started to Central City on horseback, we intended to desert – we struck out from camp taking a south west course. We bore in to the Platte river road, struck the Platte at Bijou creek. We went up the road about one mile. Stone and I talked a few minutes to Augustus, and Sluman, then we went up the road about one mile, then we turned back. I said to Mr. Stone, “I bet them men has got plenty of money.” Mr. Stone said “lets go for them.” I seconded the motion. 

We came on down to where they was camped, we hitched our horses to their wagon, (Augustus and Sluman’s wagon). I asked Mr. Augustus if anything was broke, he said he had some horses broke loose the night before, he was hunting them that day. Henry Stone on my right in front of Sluman, Stone drew his revolver and was looking at Sluman and revolving the cylender [sic] in his hand. I knew what he aimed to do. I would have called the shots if I could. I drew my revolver I don’t know what delayed him in his shots that he could not shoot quicker, whether he was frightened of his revolver would not go off. I fired six shots while he was firing two. 

I shot Augustus from the description the witness gave of the man. I am the man that killed Augustus. Mr. Stone shot Sluman; Sluman was on the ground before I shot at him. I then fired five shots at him. I hit him every time. Stone had hit Sluman before I fired at him. Either one of his shots would have killed him. Augustus was not hit with a slung shot or the butt of a pistol, neither was Sluman. Augustus was not dead when I left him; he raised up once. Neither of them spoke after the shots were fired. We searched the bodies; I myself got one hundred dollars in greenbacks out of the shirt pocket of Augustus; whether Stone got anything I don’t know…

When we two (Stone and myself,) left Camp Wardwell, we started to Central City proposing to make money as we could get it. We had a good horse a piece, saddle and equipments. Henry Stone had one revolver; I had two. We had been drinking. After the murder I wanted to go to the States. I knew he would be suspected also. Next day I told Stone he would be arrested before the sun set. So we were. He said he did not believe we would; he said they could not do anything with us, if they did arrest us. 

Stone was with me when we met Mr. Bouter, John Sterling and Louis Summer, about two miles from the wagons. Stone was badly frightened; as for myself, I was not frightened a bit. I looked at my revolver once, the revolver that I had shot out, it was empty; putting it back and taking the second thought, (my intention was to kill all three) I thought I would not, but would leave the country. We talked a few minutes with the three men; then they went up and we went down the road, stopped at camp until after we were arrested. When I left camp I had between forty and forty five dollars. Stone told me that he had only $7. When he was arrested he had thirteen dollars and some odd cents.

Last night, the 15^th day of May, I had a conversation with Stone in regard to the murder. Stone asked was I prepared to meet my God. I told him I thought I was. I asked him was he. He said he was not. I asked him, didn’t he think he could be before he was executed. He said he didn’t know. Says he “Franklin, there is only one thing can save my life. I asked him what it was. He said for me to confess that I done the murder alone, and that he was not about, Says I Stone, I can’t do it. I told him I would have to tell the truth when I came to die. Says I, Stone, I didn’t think you would ask me any such question. You know you are as deep in the mire as I am in the mire. He said he knowed [sic] he was. He said that none of the people in Denver believed he had any hand in it – he allowed if I confessed, it would clear him. I told him both being guilty of the murder, I was willing to die upon the grounds and he ought to, for we had killed innocent men….

    

The confession of Henry Stone was also recorded, though his story was markedly different. He denied his part in the Augustus and Sluman murders, though he confessed to three others:

I was born on the 30^th day of January 1843, in the town of Perryville, Perry County, Missouri. I left home at the age of sixteen – went to Illinois – left home on account of getting in a fight with my brother. I thought I had killed him. I took to gambling and horse racing – got in a fuss with a man named Johnson over a game of cards. I followed him about a mile from town and killed him, by shooting him with a revolver…. 

I took from this man’s person seven hundred dollars…[and] joined the Thirteenth Missouri cavalry; staid [sic] at Rolla Missouri, about five months, I killed a man whose name I do not know, near the town of Dillon. I killed for his money…. 

We then received marching orders and went onto the Platte road. We were stationed at Camp Wardwell, myself and Franklin Foster on the fifth day of January, 1866, left Camp Wardwell to hunt for antelope. When from five to eight miles above camp, on the cut-off road, we parted company; I went about due south, Foster going west or north of west. We were separated about two hours. I started back towards Foster, met him about a mile from some wagons, which I could see from the place that I met Foster. Foster said to me, “let us desert from the army.” I told him I would’nt [sic] do it. 

While I was away from Foster I heard nine or ten shots fired in the direction of the wagons. Foster was coming from the wagons when I came up to him. Foster had two revolvers on him at the time. One of which belonged to Thos. Rhodes, which Foster gave to him when we got to camp. On the next morning I was informed for the first time that two men had been murdered up the Platte river. This was the first that I knew of the murder. About two o’clock in the afternoon Mr. Foster told me that we were accused of the murder. I told him that I did not believe it, he said I would find it out before night. On the first night that we came to Denver Mr. Foster told me that he did kill the two men, but that he would never own it – that he might be killed, but he should not own it up. I have often requested him to prove my innocence, but he always said that he would not, and said that if I said a word about it that he would tell the court that we was both present when the two men were killed….

I never received one cent of the money and do not know how much money Foster got….

Both Foster and Stone were hung publicly on May 24, 1866 outside of Denver along Cherry Creek in front of about 3,000 spectators. The execution was one of the last public hangings in Denver and it was reported in graphic detail:

The gallows in Denver likely looked similar to the one in this image. John Brown ascending the gallows at Harper's Ferry, Virginia on December 2nd, 1859.

 Execution of Franklin Foster and Henry Stone for the murder of Isaac H. Augustus and --- Sluman.

To-day, the 24^th of May, Franklin Foster, 20 years of age, born in Stoddard county, Missouri, and Henry Slone 23 years of age, born in Perryville, Perry county, Missouri, both members of the 13^th Missouri Cavalry, in obedience to the sentence of Judge Gale, of the District Court, were executed in this city for the murder of Isaac H. Augustus and ___ Sluman, near the Junction House on the Platte, about 100 miles east of this place, on January 5^th, 1866. Foster has made a free and full confession for his guilt, and that implicates Stone. Stone also made a confession, denying any connection with the murder for which he is executed, but admits his guilt of the commission of four other murders of men in the States.

All the forenoon, vehicles of all descriptions have been arriving from the country, loaded with men, women, and children, doubtless drawn here to witness the execution.

The Gallows, with all its horrid paraphernalia, was erected at the foot of the low bluff overlooking Cherry creek; near the southern boundary of the city, in plain view of standing room for thousands upon thousands of spectators. Adjoining the fatal engine of death a platform was raised for the accommodation of officers, clergy, and members of the press.

The prisoners.

Foster has been attended, until yesterday by Rev. Mr. Potter, a Baptist minister but at the prisoner’s request Rev. Father Macheboeuf, Catholic, was then called, and has since been ministering to his spiritual welfare until this forenoon when Rev. Mr. Clark, a Baptist clergyman was called. Rev. Mr. McClure was ministering to stone. We are informed by Mr. Haskel, the Jailor, that they both slept soundly last night. This morning Stone ate a hearty breakfast, but Foster declined eating until consultation with his spiritual adviser.

At one o’clock the prisoners were taken from jail in a close carriage, to the place of execution accompanied by Deputy Sheriff Baily, Deputy U. S. Marshal Earl, and Jailor Haskel. We are told that on the way they showed the utmost indifference… each other upon their imending fate. They were neatly dressed in a new suit of clothes [illegible].

At the Gallows. They [Foster and Stone] up the steps without a quivering muscle, and indeed preserved the same stoical indifference until the final trap dropped from under them. They were accompanied to the platform by Sheriff Sopris and officers, Revs. McClure, Potter and Clark. Rev. Mr. McClure read some passages of scripture, the hymn commencing “Rock of ages”...

Question. Do you still adhere to your published confession? 

Ans. As far as main it is all true!

Questions of the same purpose were propounded to Stone, and answered in the same manner. In reply to the questions of Rev. McClure, Stone had nothing further to say in relation to his confession. In 4 minutes after the drop fell, the pulsations of Stone were yet distinct, while those of Foster were a trifle stronger than natural. In 6 minutes the heart of Stone had nearly ceased beating. In 7 minutes they were both perfectly unconscious and dying fast. In 10 minutes the straps were removed from their arms and at 9 minutes to 2 after they had hung 17 minutes they were both pronounced dead and were cut down. There was probably not less than 3000 spectators present, who were very quiet a more orderly and well behaved crowd was never seen together in any country. Not a loud remark or an action calculated to mar the solemnity of the occasion from any one. 

Lieut. Williams was on the ground with his company, “B” of the 5^th U. S. which surrounded a small space around the gallows and the space enclosing the coffins. After the bodies were cut down the vast crowd dispersed in the same orderly manner that they had witnessed the soldiers vindication of the laws….

---

Sources: 

January 27, 1866, The Missouri Republican, p. 3.

“Road Agents on the Platte: Robbing and Murder!,” Rocky Mountain News Weekly, January 10, 1866, p. 3.

“Prisoners Brought In,” Rocky Mountain News, January 30, 1866, p. 4.

“Prisoners Sentenced,” Rocky Mountain News, April 28, 1866, p. 4.“Confessions of Stone and Foster,” Rocky Mountain News, May 17, 1866, p. 1.

“Execution of Franklin Foster and Henry Stone for the Murder of Isaac H. Augustus and --- Sluman,” Rocky Mountain News, May 24, 1866, p. 1.