The 1891 Murder Trial

of John C. Hoefer

—   Deer Park Rancher & Store Owner   —

by

Wally Lee Parker

The following story was first printed in the June 2021 issue of the Clayton/Deer Park Historical Society's newsletter, the Mortarboard — #158.

 

… the shooting ...

                Other than the newspaper accounts referenced here, I’ve yet to find any further trace of the shooter, John C. Hoefer, or his family.  The files containing 1890’s federal census — our best chance of retrieving at least some reliable data — were largely destroyed during a Washington, D. C. fire in January of 1921.  A search of Washington State’s late territorial censuses for both Spokane and Stevens Counties (Pend Oreille County still a part of Stevens County at that time) came up blank.  It’s hoped that someday other records may be uncovered, allowing us to flesh this story out a bit more.

                As to what information we do have, our introduction to Mr. Hoefer and his plight begins with the October 2^nd, 1890, editions of both the Spokane Falls Review, and the Spokane Falls Daily Chronicle.

                In heavy block letters, a headline on page three of that day’s Review declares, “A FATAL SHOOTING,” followed by three sub-headlines; “Doc Ellis, a Notorious Confidence Man, Killed by One of His Victims; An Exciting Chase on Howard Street Last Night Ending in a Death; J. C. Hoefer, the Murderer, Surrenders to the Police and is Locked Up.”

                The writeup began, “Another murder was committed in the city last night, and another man lies dead in the city morgue.

                “Henry Ellis, a well-known sure thing gambler, has played his last game, and has victimized his last man.”

                Curious about the term “sure thing gambler,” I found this definition in Joseph M. Sullivan’s 1908 edition of “Criminal Slang: A Dictionary of the Vernacular of the Underworld.”  To quote, “A character who bets with suckers at race-tracks and steals himself when he is broke.”  As for that dictionary’s definition of “sucker,” it’s simply a “victim of thieves.”

                That fairly well settled, the story continues, “A few minutes past 7 o'clock last evening the neighborhood in the vicinity of Howard and First Street was startled by three pistol shots fired in rapid succession.  Everybody who was in the stores and saloons rushed to the street to find out the cause.  They saw a man stagger across Howard Street and fall to the sidewalk on the corner of Railroad Avenue.  A moment later Officer Volk arrived, and, pressing through the crowd, arrested the man who had done the fatal shooting, who was still standing near his victim, revolver in hand.

                The Chronicle’s introduction to the story adds that the shooter was “a German rancher from Deer Park” who’d arrived in town with “two carloads of wood and in early evening was looking about for a buyer.”  I’m assuming we’re talking about cordwood — firewood.  Regarding the phrase “carloads,” the normal assumption would be such was a reference to railroad cars — which a later Chronicle article, using the phrase “He had shipped two carloads of wood to Spokane,” appears to confirm.

                The October 2^nd Chronicle then printed a longish quote attributed to Mr. Hoefer that seems tantamount to a confession.  “I came in from Deer Park with my wood and was looking for a buyer.  I stepped into the Echo Saloon, next to the Comique.”

                The notorious Echo Saloon was located on the northwest corner of Main Avenue and Wall Street — the latter then called Mill Street.  Today the address for that space is 702 W. Main Avenue, with the store in place there called Urban Outfitters.   One door west of the Echo was the Comique, an equally notorious comedy theater — the word “Comique” being translated in the “Concise French Dictionary” segment of my massive Random House Dictionary as meaning “funny, comical.”  The current structure occupying that space — 706 W. Main — houses the menswear store Jos. A. Bank.

                Hoefer’s quote continues, “I asked the bartender if he wanted to buy any wood.  He said he didn’t, but that I could find plenty of buyers.  Just then this man came in, and the bartender introduced him to me as Doc Ellis, so I supposed he was a doctor.  He said if I would go with him, he could sell the wood for me in a ‘jiffy.’  We went over south here on First Street and went into a fruit store with a room in the back.  Here Doc said, ‘Here is a man who beat me at cards last week, stake me with half a dollar and I’ll get even with him.’  I gave him the money and he kept on borrowing until he got $170, then he got up and started to run.  I put my hand on his arm and said, ‘Hold on partner, you’re not going to run.  I want some black and white for that money.’  He kept on running.  I ran after him, calling to him to stop.  I saw he didn't’ intend to stop, so I drew my revolver and fired in the air.  A policeman (Officer Volk) standing on the corner also called to him to stop and fired in the air.  Just then I saw Ellis start around a dark corner and just as he was passing behind the building, I drew the pistol down on him and fired.  He dropped to the sidewalk, and I gave myself up to the officer.  I am a good shot and could have hit him easily the first time, but I didn’t want to kill him.”

                The Chronicle adds that “The revolver used was a Smith & Wesson thirty-two caliber.  The ball entered Ellis’s back just below the left shoulder blade, and, passing through the left lung, came out below the nipple.”

                A witness to the shooting, Mr. R. H. MacArthur, told the Spokane Falls Review, “I was walking up Howard Street and had just arrived at the corner of First when I saw a man run around from First Street into Howard and go in the direction of the railroad track.  A second later another man turned the corner and called out, ‘Stop thief; stop thief.’  As the thief didn’t stop, the man pulled a revolver and fired a shot into the air.  Officer Volk, who was near, also saw the man running, and he too fired a shot into the air.  This shot was followed by another, and I saw the man stagger across Howard Street and fall into the vacant lot on the corner of Railroad Avenue.  When I arrived there, he was unconscious and in a dying condition.”

                The Review described the scene immediately after the shooting thusly.  “The man lying on the sidewalk was Henry Ellis, familiarly known as ‘Little Doc.’  He had a bullet hole through his body, and the blood was gushing in a stream from the wound and from his mouth.  ‘Uncle’ Whitney’s wagon was summoned, and Ellis was carefully lifted into it, but it had barely started for the police station when he breathed his last.  The body was immediately taken to the city morgue, where it remained for some time unidentified.”

                Regarding the above reference to “Uncle Whitney’s wagon,” several unrelated newspaper articles indicate that around the time of the shooting there was a business on Howard Street known — either officially or commonly — as Uncle Whitney’s.

                The dead man was well known in Spokane, and poorly thought of, as suggested by these comments from the Review.  “He has always borne a hard reputation and although not looked up as a particularly dangerous man, was regarded as a most unscrupulous gambler and confidence man.  He has been rooming at the Atlantic House on Post Street since he last came to this city.”

                As for Mr. Ellis’s wider reputation, several days after the shooting the Review printed this, datelined “Port Townsend, Wash., Oct. 3. — Henry or ‘Doc’ Ellis, the confidence operator shot at Spokane Falls Tuesday, was well known in this city.  He was the leader of an organized gang of bunco-steerers, who made the Puget sound passenger packets their base of operations.  Ellis ran on the City of Kingston for several weeks, fleecing tourists out of several hundred dollars.  About a month ago the matter was reported to Special Officer J. A. Moore.  Moore kept a sharp watch for him, but the latter, on hearing that the officers were on the lookout for him, transferred his base of operations to Spokane Falls.”

                Joseph Sullivan’s 1908 dictionary of “Criminal Slang” defines “Bunco” as simply “to rob,” and “Steerer” as the “pilot for a band of thieves.”  That seems to give a fairly good understanding to the above’s use of the term “bunco-steerers.”  As for the term “passenger packets,” that usually referred to medium size boats used to carry passengers, mail, and freight on rivers and inland waterways.  Another newspaper blip, this found on page six of the Pullman Herald’s October 11^th, 1890 edition, reported that “Little Doc Ellis, killed recently at Spokane Falls, was obliged to leave San Francisco not long ago on account of his swindling propensities.”

                Regarding Doc Ellis’s last swindle, I had been puzzled why a rancher from Deer Park coming to Spokane to sell “two carloads of wood” would be carrying what at the time amounted to a very large amount of cash — that before having made any such sale.  The Spokane Falls Review quoted Mr. Hoefer as saying, “I came up to the city from my home in Deer Park, intending to sell a couple of carloads of wood and make some purchases for my store.”  Though this seems to explain the amount of cash in hand, it also appears somewhat at odds with the Chronicle’s identification of Mr. Hoefer as “a German rancher from Deer Park” — with no mention of him living in the town itself or owning a store there.

                That aside, the Review did note that after the shooting, “Hoefer immediately gave himself up to Officer Volk, who turned him over to Officer Wilson.  He was conducted to the city jail and locked up.”

… obtaining bail …

                The day after the above “conducted to the city jail” comment was printed, the Review corrected itself when it noted that the defendant had “passed his time since the shooting” under the watch of “Officer Manley.”  And that “He is not locked up in the jail but is kept in one of the rooms in the city hall.”

                That didn’t seem to last long.  The October 4^th edition of the Review stated that “Hoefer was committed to jail to await the (preliminary) hearing.”

                That same day the Chronicle reported that, “Doc Ellis, who was shot Wednesday night, was buried at Fairmount Cemetery this afternoon.”  There is a Henry Ellis interred at Fairmount Memorial Park.  No dates are recorded, other than that he was 28 years old at the time of his passing.

                The October 7^th edition of the Spokane Falls Review stated that “J. J. Lynch, for whom Ellis formerly worked, paid all expenses of the funeral,” — an interesting comment considering that at the time Mr. Lynch appears to have been one of the co-owners of the Echo Saloon in which Mr. Hoefer and Mr. Ellis were introduced.  The person doing the introduction was later identified as the Echo’s bartender, John Hennessey.  Opinions obtained from several police officers during Mr. Hoefer’s subsequent trial indicated that Mr. Hennessey was something of a shady character himself.  The testimony infers that Doc Ellis may also have worked as a barkeep, though any suggestion that doing such at the Echo Saloon was the substance of Ellis’s employment by J. J. Lynch doesn’t appear to have been pursued at trail.

                On October 15^th, the Chronicle noted that “Joseph Hoefer, who killed Doc Ellis, the tinhorn gambler and robber, was released on $1,000 bond by Judge Dunning yesterday.  Hoefer was almost insane from brooding over his trouble and was the happiest man in the city when he obtained his release.”

                That same day’s report from the Review indicated that the bond was “$500 cash and $500 written ...” And that “Two well-known citizens of Spokane Falls, Lewis Budde and Ferdinand Hass, stepped forward and furnished the necessary amount of the bond and Hoefer left the courtroom in their company.  He returned yesterday afternoon to the home in Deer Park on the Spokane Falls & Northern Railroad.”

                Regarding the above Lewis Budde, there was a prominent businessman in Spokane at that time by that name, though his first name was spelled Louis.  Mr. Louis Budde’s obituary, this from the May 19^th, 1926, issue of the Spokesman-Review, noted that he had arrived in Spokane in 1887.  “He built a large store on Riverside, which was burned in the fire of 1889.”  Regarding such, the September 11^th, 1889, edition of the Spokane Falls Review — published just 38 days after the fire — reported that “Louis Budde has opened, corner Monroe Street and Riverside Avenue, with a complete stock of dry goods.  Prices lower than before the fire.”  Before he left Washington State in 1902, Mr. Budde had also opened stores in Cheney, Sprague, Harrington, Spangle, Dayton, and Prescott.  Whether spelled Lewis or Louis, as a prominent businessman he doubtless would have had the means to post bail for Mr. Hoefer.

                The name Ferdinand Hass was proving a bit of a problem until I found this in the August 9^th, 1887, Spokane Falls Review.  To quote, “One part of the new building on Sprague Street, belonging to F. Hass, has been fitted up for a lunchroom, and will open under the name of the ‘Arion.’”  The word “Arion” seemed to be a possible backdoor to more information.  Searching such led to an advertisement in the Review’s November 24^th, 1887, issue.  It turns out the Arion’s “lunchroom” was something more.  According to the ad, its official name was the “Arion Beer Hall.”  The ad also noted that “Hasse and Hahen,” where the “proprietors.”  Besides the wrong spelling for Mr. Budde’s first name in its October 15^th, 1890, edition of the Spokane Falls Review, it appears the paper also left the ‘e’ off Mr. Hasse’s name.  For English speakers, that would have been an easy phonetic error.

                As to why these two gentlemen would put up bail for Mr. Hoefer, there may be a clue in the names.  Budde, Hasse, and Hoefer are all strongly Germanic surnames.  It’s pure speculation, but it seems possible these two gentlemen stepped forward to help a fellow German — though we’ll probably never know for certain.

                It appears Mr. Hoefer remained out on bail for the next 26 days — during which his story was absent from the newspapers.  Then, the November 10^th issue of the Spokane Falls Daily Chronicle reported, “J. C. Hoefer, the man who shot Doc Ellis some time ago, was brought into court this morning.  He did not deny having done the shooting.  ...  His sunken eyes and pale features were noticed by everyone in the room.  His anxious wife sat by his side and long and earnest conversation passed between them.  His bail bond of $1,000 was increased to $5,000.  It is thought that he will be able to secure bail.  His trial is set for some time next month.”

                The newspaper’s opinion aside, the defendant wasn’t able to raise the increased bail and was therefore detained behind bars until the trial.

 …  John Hoefer on trial …

                Having first been reported as being slated for December of 1890, the trial was delayed until mid-January of the next year.

                The “News of the Courts” segment of the Spokane Falls Review’s January 6^th edition reported “Prosecuting Attorney Ridpath hustled about in Judge Blake’s court and was busy arranging matters for his successor, who takes the office nest Monday.  S. G. Allen, Colonel Ridpath’s successor, was also present, but he appeared on behalf of J. C. Hoefer, the slayer of Doc Ellis, who was brought before the court to enter his plea.  Hoefer looks thin and haggard from his long confinement in the county jail, but his voice was firm and clear as he replied ‘not guilty’ to the court’s question.  ...  The case was set for January 13 and Colonel Ridpath was appointed by the court to conduct the prosecution for the state.”

                The above attorney was indeed Colonel William Ridpath, who just the year before had opened the first iteration of what would become Spokane’s historic Ridpath Hotel.

                The trial took place on the 15^th and 16^th of January 1891, with the Chronicle recreating the more dramatic bits of testimony for its readers.

                The Chronicle noted that the first witness called on the morning of the 15^th was “J. P. Webster, manager of the Spokane Undertaking Company, who interred the body of the dead gambler.  He testified to the appearance of the corpse and the exact location of the wound …”  It seemed odd that an undertaker would be called to testify in this manner.  That said, a search of the several years of newspapers before the shooting suggest that Mr. Webster had a history of working very closely with the actual coroner and had the year before been an unsuccessful applicant for the coroner’s job — though not a medical doctor himself.

                When questioned by Spokane attorney Thomas C. Griffiths — part of the defense team — the Chronicle reported that police officer Wilson stated, “On the way to police headquarters Hoefer talked with a newspaper reporter, and I told him to keep still and if he had anything to say to tell it to his attorney.”

                Police officer Morley was asked if he’d told Mr. Hoefer “that the man he shot was a notorious confidence man.”  The officer replied, “I did not.  And furthermore, I did not give him any advice.  I told him that he must not talk too much, as it would hurt his case, and he promised not to do so.”

                The witness went on to say, “He said that he shot (Ellis) on account of losing his money.  He met Ellis in the Echo Saloon, the bartender introducing him to Ellis.  They then went to Front Street and played cards for money.  They played cards and he accused Ellis of cheating.  When Ellis ran out of the store, he followed and after crying to him to stop, he pulled his gun and shot him.”

                So, it would seem Hoefer may not have loaned the money to Ellis.  Rather he’d lost it while gambling in a likely rigged game.

                Police officer Volk, who was “coming up Howard Street” when the shooting occurred, was called to the stand.

                “I saw a man come running around the corner of First Street and cross over.  He was followed soon after by a second man.  The first man was Ellis, and I asked what was the matter when somebody yelled out to stop the thief.  I Then attempted to stop Ellis, when the second man came along, who proved to be Hoefer.  He then told me that Ellis had robbed him.  Ellis, who was quite near, heard the remarks and started to run away.  I pulled my gun and fired a shot in the air.  I told Hoefer not to let him get away at any cost, and he too, pulled out a gun and fired two shots.  We then ran up to the spot where the body lay and soon after Officer Wilson came along and arrested Hoefer and took him to police headquarters, and I followed soon after in a team with the body.”

                During the afternoon session it was established that it was dark and rainy when the shooting occurred, that as the defense attempted to instill some doubt in the jury whether it was Hoffer or Officer Volk who’d shot Ellis.

                Perhaps the most interesting witness called by the defense the next morning was police officer Coyle.

                Attorney Griffiths asked, “Mr. Coyle, did you know Doc Ellis?

                “I did.”

                “Was he a doctor?”

                “He was not.”

                “What was his business?”

                “He was a barkeep, a tinhorn gambler, and a bunco-steerer.”

                “Did you know this man Hennessey?”

                “I did.”

                “What was his business?”

                “He was the same as Ellis; that is a tinhorn gambler and a confidence man.”

                A few more witnesses followed, then closing arguments and the judge’s final instruction, after which the jury was sent to deliberate.

                The Review’s Sunday edition — that dated January 18^th — described what came next.

                “The jury in the Hoefer case, who retired at 5 o’clock Friday night, came to an agreement shortly before 8 the same evening.  According to the instructions of the court the verdict was signed and sealed up and handed to Foreman Charles W. Anderson to deliver to the court in the morning.  The jury then separated for the night.

                “Promptly at 10 o’clock yesterday morning every juryman was in his seat.  Hoefer was brought in from the jail and took his accustomed seat directly to the rear of his attorney.  He tried hard to look easy and composed, but his face was a trifle paler than usual, and his hands worked nervously and restlessly together.

                “Judge Blake mounted to the bench, and the announcement that court was in session was made by Bailiff Sanders.  A few spectators and attorneys were in the courtroom, and they immediately took seats and the hum of conversation ceased.  Clerk Johnston read the minutes of the previous day, and they were handed up to Judge Blake to sign.

                “Turning to the jury, Judge Blake said, ‘Gentlemen, have you arrived at a verdict?’  ‘We have,’ was the answer made by Foreman Anderson, who at the same time drew forth a sealed envelope from his pocket and handed it to the clerk.

                “Mr. Johnston broke the seal, and, standing up, read aloud, ‘We, the jury in the case of the State of Washington, plaintiff, vs John C. Hoefer, defendant, find the prisoner not guilty.’

                “For a moment there was an oppressive stillness.  The defendant’s face was seen to work, and he looked as if he would break down, but by an effort he controlled his emotions and grasped the hand of Attorney Griffiths, whose face was transfigured with one of his peculiar smiles.  Hoefer started with outstretched hand toward the jury with the evident intention of shaking hands with them, but Judge Blake ordered him to go back to his seat and not make any demonstration in the courtroom.  Hoefer turned and left the courtroom at once, and a minute later Judge Blake dismissed the jury …”

                As the former defendant was leaving, a reporter from the Chronicle apparently asked if he intended to return to his former life.  “No,” Mr. Hoefer is reported as replying.  “I shall not go back to ranching.  I have no ranch, no stock, no home.  I have sold everything to clear myself of the charge of murder.  I do not know now what to do, but I shall leave Spokane at once.”

                As far as currently known, the history of John C. Hoefer’s family at Deer Park ended with that statement.  Anyone with direct knowledge to the contrary is asked to contact the society.

———  end  ———