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"There was a killing in the hill country of Columbia county over near Vernonia during the 1880s. A man named Backus was blamed for killing a man named Stoddard. It was said to be the first murder in the Nehalem Valley. What do you know about it? Is there an explanation in your cache of historical documents?" -- from EMAIL
Ethel Blackburn reported the killing in her book "Nehalem Valley Bits O' History" [story repeated herein]:
"Two pioneers came to the Nehalem Valley and had adjoining homesteads on Rock
Creek, about six miles up the creek. Their names were Backus and Stoddard. They got into a
violent argument over a line fence. Backus had a violent temper and ugly disposition, so
waylaid Mr. Stoddard, who was out on a trail, and killed him in cold blood. Israel Spencer
was the Justice of the Peace and ex officio coroner at the time. A coroner's jury was
organized. The jury found this to be a case of wilful and premeditated murder by Backus.
Two local men were sworn in as deputies to take Backus, dead or alive. They watched for
him to come to his house for several days. He finally appeared and when they caught him
trying to escape they ordered him to hault, which he refused to do and therefore was shot
and killed by one of the deputies.
My family lived up Rock Creek in later years and when I was growing up at home, my father,
mother and I used to hike up to what was called the Backus drift, which was a bunch of
logs caught and piled up during high water at Mr. Backus' place. The trout seemed to like
to hide under these logs, so we fished for trout in between the logs and caught some
beautiful big trout. There was nothing left of the Backus home by then but a few scraps of
boards and logs rotting away. I am sure that if Mr. Backus had been alive then, as ugly
and mean as he was, he certainly would never of let us fish there."
What do you think? Was it murder? she wrote. And if it was murder, who was murdered? -- from EMAIL
Murder: the unlawful and malicious or premeditated killing of one human being by another; also, any killing done while committing some other felony, as rape or robbery: to kill unlawfully and with malice. -- DICTIONARY DEFINITION
'Murder' is such an ugly word, loaded with emotion, accusations, and opinion. The story sticks in my mind as being one sided with several inconsistencies. I can imagine that the family of Backus could put entirely a different spin on this story. -- from EMAIL
Different spin indeed! The Backus version of the story is much softer. Levi stayed home to care for his family. If someone yelled "Hault" it was after shots were fired. It is said that one of the deputies was related to Stoddard. -- from EMAIL
Was the killing of Backus a case of frontier justice or did someone behind a badge get away with murder? -- from EMAIL
It would be interesting to have a "trial" for this killing. Maybe we can shed some light on what happened so long ago. Perhaps you, the reader, can help us answer some of the questions surrounding this story -- if so, E-mail your comments (be sure to include your return address!)
Who was there first? --- The Levi Backus family can be found on the 1880 census for Vernonia. The Stoddard family evidently had not arrived in the area yet or were missed by the census taker.
Did fences exist in those days? --- I believe the territory was open range; if there was a fence it was around the garden and was meant to keep livestock out not in. -- from EMAIL
What was the relationship between these two men?
Did they know each other from another place?
Did Stoddard have property adjoining Backus? --- SEE MAP -- Land homesteaded by Backus is the SW 1/4 of Section 25; land homesteaded by Stoddard is the S 1/2 of the NE 1/4 of Section 26; so the two properties in question did not have a common boundary but did have a common corner. I checked with the county court house in St. Helens and reviewed the property records. We located the deeds but couldn't find the homestead records. Even with the help of the County Clerk and the Assessor's Office the records could not be found. Finally TICOR , a title company, the branch office in Gresham over in Multnomah county, came up with the homestead patents. They donated their research time in the interest of determining the facts of the case. --- from EMAIL
There may have been other motives for the killing of Stoddard.
Was Stoddard a nuisance to the wife or daughters of Backus?
Was Stoddard a thief?
Did Stoddard threaten Backus?
Was any ultimatum issued?
Were both men armed?
When did Backus kill Stoddard? --- I checked with the Multnomah library information
desk. They researched their Oregonian index without success. Thinking that perhaps the
Vancouver newspaper might have something I looked there also.
-- Source: Vancouver Independent (newspaper) June 22, 1887 - Fort Vancouver Library -
G. D. Stoddard was killed ten days ago by Levi Backus, his neighbor, over in the Nehalem valley. A constable tried to arrest Backus three days after, and shot the man dead. The feud is settled, but there are two widows made. -- from EMAIL
Was the killing of Stoddard in self defense [shoot out]?
Was the killing from ambush [pre-emptive]?
Is there any doubt that Backus killed Stoddard [protecting someone]?
Were there any witnesses [how was the killing discovered]?
Did the killing take place on the property of Backus?
Why didn't Backus turn himself in to the authorities?
Did Backus not fear arrest?
Who was on the Coronor's jury?
Who were the deputies?
Did Backus stay put in order to care for his family in anticipation of jail?
Did Backus believe he would be found not guilty?
Why didn't Backus run?
Was he hiding from the law [trying to escape]?
Did the deputies give a warning or shoot first?
Were the deputies related to Stoddard?
Was killing Backus a revenge killing -- frontier justice?
What became of the Stoddard family? -- There is a tombstone for G. D. Stoddard in the Vernonia Pioneer Cemetery. There is no date inscribed but it is a Civil War Veteran's marker. He was a Corpl in Co. K 19 NY Cav. According to county records there are no other burials for the Stoddard surname.-- from EMAIL
What became of the Backus family? -- We looked for burial records under the Backus surname; none were found in the Columbia county records. -- from EMAIL
" I am a descendant of the Hardman and Ritter families who migrated to Oregon in 1853. Mary Ann Hardman (b. 1 Apr 1823 d. 5 Mar 1868) was the wife of Gideon W. Backus (m. 24 Sep 1840, St. Joseph Co., IN), and they were the parents of 12 children, the oldest being Levi Backus who later died in Columbia County.
" Levi was born in 1843 in St. Joseph Co., IN. He migrated with his family to Linn county, Oregon, in either 1851 or 1853, and the family settled in Lebanon. On 4 Jun 1863, Levi married Polly J. Ritter in Linn County.
" The 1870 Linn county census lists Levi as a wagon-maker living with his father
in Lebanon. His wife Polly had died in 1868 leaving him with three children, Emaline, John
and Albert. Levi married Ardelia McDermott on 13 Jul 1873 in Albany. It is unknown when
they left Linn county for Columbia county.
-- from EMAIL
Israel Spencer of Vernonia, in his report of pioneer efforts at road building in Feb-May of 1880, lists an L. L. Backus as volunteering five days of work to the cause. I have included excerpts from his report for several reasons. One: to establish background on the severity of the storm and a consequence to the Backus family; and Two: to entertain the idea that Spencer is practicing selective memory recall. He was the JP and coronor when Backus was killed and would have issued the coronor's report. It is odd that he didn't recall doing so. -- Larry
" On January 9, 1880, there was one of the most violent and disastrous wind storms that ever visited this section of the county, accompanied by a hard rain and snow. The ground was saturated with water; the trees, swayed back and forth, soon loosened the roots and they had to go over, with the result that there was more timber blown down in this vicinity than ever had been before, judging by the timber already on the ground. The wind came from the northwest, sweeping down Rock creek.
" ...During the storm of January 9, 1880, mentioned above, Joe Van Blaricom, or Uncle Joe, as we called him, had been out over at Mountain Dale and had started for home. It had been snowing the most of the time and it got so deep he could hardly get through. When the wind began to blow a regular hurricane with night coming on, the timber falling in all directions he had to camp out with no matches, no grub to eat, and it looked to him that he was taking desperate chances. He was within eight miles of home and compelled to keep some kind of action to keep alive. He managed in the afternoon of the next day to get to Adams', he does not know how, and they put him on a sled and took him to his father's home. His legs were so badly frostbitten that they were black to his knees, but he finally got well.
" ...The road up Pebble creek and over the Green mountain was blockaded with fallen timber. It was estimated that there were 400 fallen trees across it, and it was decided not to try to open it up but to cut a new road by the way of Beaver creek divide, over the hills and connect with the road on the West Dairy creek in Washington county.
" Some time in February, 1880, exact date not known, a crew of men whose names will be mentioned later on [included L. L. Backus] took their blankets and axes and started for the field of occupation 14 miles away. There was two feet of snow in some places to Christ's at the foot of the mountain on West Dairy creek. From this time until the road was finished some time in May someone was camped and working on the line. If any of this generation thinks there was any fun about this job they are welcome to try one of the same kind.
" ...In grading around Cape Horn the snow was from 4 to 6 feet deep and it had to be gotten out of the way before any dirt could be moved and anything done towards putting in the bank logs to hold the dirt of any blasting. Bill Mellinger and Dock Beeghly had charge of the powder work.
" ...Provisions were not very plentiful at the homes of most of these men, and the only way to get a supply was to pack it in on one's back, the snow being too deep for horses to get through. No one suffered for the want of food, but at the same time there was none to throw away. Flour was the scarcest article, and I suppose a good many meals were eaten without bread on the table. "
From "The Albany Democrat," Friday, 20 Feb 1880 the following:
The Evening Telegram reports, upon the authority of Mr. A. G. Guild, formerly publisher
of the Hillsboro Independent, that a little daughter of Mr. Levi Backus of Nehalem valley
died recently from starvation. The statements are that the family were illy supplied with
provisions at the time of the recent storm; [because of the storm] communication with the
Beaver creek settlement was made impossible; that the father was compelled to work his way
slowly by great hardship to St. Helens to procure food and that during his absence his
little girl Mabel died from starvation in her mother's arms. Levi Backus formerly resided
in this city [Albany, OR].
-- from EMAIL
The Levi Backus family was enumerated on the 1880 Federal census for Columbia county, OR. Levi Backus was listed as age 37, from Indiana, occupation - a wagon maker; wife, Ordelia, age 29, from Illinois; Albert, age 13, from Oregon; Lillie, age 7, from Oregon; and Zeora, age 5, from Oregon. The Stoddard surname was not located on the census.
According to a Vancouver newspaper dated June 22, 1887, Levi Backus killed G. D. Stoddard June 12, 1887 and three days later a constable killed Levi Backus. G. D. Stoddard was buried at the Vernonia Pioneer Cemetery but no burial was found for Levi Backus. It may be that Levi's body was returned somewhere outside the county to a family plot or it is possible that he was buried in an unmarked grave.
Found an article in the June 15, 1928 Rainier Review -- a reprint of a Fred Lockley interview with E. E. Nickerson, Nehalem Pioneer, and it states the following: "Two farmers, Stoddard and Backus, who lived on Rock Creek, had a dispute over their boundary line, I doubt if the ground in dispute was worth over a few hundred dollars. Stoddard ambushed and killed him. Deputy Sheriff Charley Millinger and "Doc" Beakley followed Stoddard, and when he resisted arrest, killed him. -- Oregon Journal"
If Nickerson's memory can be trusted you now have the name of the man who killed Backus
-- [Mellinger or Beeghly] -- wouldn't it be interesting if one of these two men was
related to Stoddard?
-- from EMAIL
From the papers of Omar Spencer, son of Israel Spencer:
"At about 10:00 o'clock in the morning of the day in question a young man, whom we will call Art Baker, who also lived up Rock Creek, came to our place breathless as though he had been running. He was not too bright, generally stood around with his mouth open, and all you could get out of him was "yes" or "no." Father was busy in the woodshed, while I tried to play with Art even though he was 18 and I was only 8 years old. Art seemed to be worried about something. At noon came dinner time (as we called it) and Art was asked to partake of a meal and he did so, with gusto. After dinner father resumed his work in the woodshed. I still wanted to play but Art just stood around with his mouth open and said nothing. Finally, as the afternoon wore along and Art apparently realized that it was now or never, he mustered up courage and suddenly exclaimed "Stoddard's shot!" Father was stunned and shouted "What?" Then by a process of cross examination, father got the story from Art and immediately took over and began to organize a coroner's jury.
"The jury found this to be a case of willful and premeditated murder by Backus. Two local men were sworn in by the sheriff of the county as special deputies to take Backus dead or alive. They kept watch over his home for several days, knowing he would appear for food. He did appear and while trying to escape was ordered to halt, which he refused to do, and was there upon shot and killed by one of the deputies.
"We never knew which deputy killed him and the deputies never told.
-- Omar Spencer
You might be interested in the following extract from Lockley's book "From the
Dalles to the Sea" V3 --p458: about Charles Mellinger.
-- from EMAIL
" ...two years as constable. During this time the historic Stoddard murder occurred, in which Mr. Stoddard was shot and killed by his neighbor Bacchus. They were two neighbors who had trouble over a fence and cattle damage. Bacchus, who was known to be a dangerous man, shot and killed Stoddard. It fell to Mr. Mellinger as constable to arrest the murderer, who was known to be a very hot tempered person and a dead shot and who would not be taken alive. Mr. Mellinger thereupon deputized three of his neighbors, Bill Wood, Uriah S. Beeghey, and Everett Nickerson. In the process of making the arrest, Bacchus was shot and died from the effects of the wound within two days, the shot entering the mouth and breaking his jaw..."
The posse grows larger. It is odd that E. Nickerson (interview printed above) didn't
own up to being in on the attempted arrest of Backus -- also it is difficult to shoot a
man in the face if he is running away...
Larry
"Are you aware of Levi's religious background? He was born into a family of staunch German Baptist Brethren, his parents having been wed by the famous Reverend Jacob Miller. This sect was an offshoot of the Anabaptist movement which spawned the Amish, Mennonite and Brethren faiths. Brethren members traveled together, were devout, and married only within their faith. They kept to themselves, took no oaths, and were pacifists.
"Levi's father was very active in his faith, and Levi's first wife, Polly, was the
daughter of a church elder. It was very near Levi's home where, in 1856, the first church
of the Brethren west of the Mississippi was built.
-- From EMAIL
{Picture of Levi and daughter}
Next door neighbors to the Backus family was the Adams family. They would have as good an opportunity as any to know the Backus family. In "This Side of Oregon" by Ralph Friedman, it says: "... but Spencer and Adams (Thomas L. Adams) early on had a dispute, the nature of which was never disclosed. After that, to their last days, neither spoke to or of the other. Feuds on the frontier could be as powerful as anywhere else, but life on the frontier compelled some cooperation ...observed the formalties that permited both to co-exist in the same situation."
Perhaps the "dispute" was over the way the Backus affair was handled.
-- From EMAIL
The investigation should not be limited to the Backus and Stoddard families. Because of
the accusation that Backus was killed by a relative of Stoddard the families of all those
involved should be looked at for connections to Stoddard. Israel Spencer for instance:
This gentleman was born in DeRuyter, Madison county, NY in June of 1844. At the age of ten
years he moved with his parents to Oakland county, NY. He enlisted in the 136th Regiment
of the New York Volunteer Infantry and served faithfully until the end of the war. He
lived in Lexington and Genesee counties in Michigan from 1868 to 1876 before coming to
Oregon where he settled in the Nehalem valley.
-- From EMAIL
Columbia county deed records show that Mrs. Ardelia P. Backus sold the SW 1/4 of S25 T5N R5W -- 160 acres, to a S. J. Brown for $1,000 on 24 July 1889. She was identified as "unmarried" by the county clerk.
Deed: from the United States of America: Homestead Certificate No. 2593, Application 6091; to Ardelia P. Backus, widow of Levi L. Backus deceased -- the SW 1/4 of S25 T5N R5W -- 160 acres; signed by Benjamin Harrison -- President; dated April 2, 1890; filed for record December 19, 1907 -- title found by TICOR [notice the inconsistencies of the dates -- title companies must love this confusion.]
Ardelia (McDermott) Backus married (2) John M. Lyon, on July 9, 1890, at the house of W. E. Smith, Washington County. The family can be found on the 1900 Federal Census for Washington county, OR, Dairy precinct, Greenville census, married to a John Lyon. The youngest Backus child is Forest E. Backus, age 14 (1900), born July 1885.
The gist of about 40 pages of probate records for George D. Stoddard reports that Susie H. Stoddard, widow of George D. Stoddard, was duly appointed administratrix for the estate on June 29, 1887. The heirs were the widow and three sons: Sheridan, Don R. and Dayton W. Stoddard.
An inventory of appraisment was present and signed July 2, 1887.
On July 9, 1887 Susie H. Stoddard petitioned the court... "that it became necessary for her to remove from said premises in order to enable her to obtain work for the support of her self and family...that she still resides in the State of Oregon...
And again April 3, 1889 Susie H. Stoddard told the court: That the family of George D. Stoddard deceased consists of: Sheridan Stoddard [G. S. Stoddard], aged 22 ; D. R. Stoddard [Don R. Stoddard], aged 15; and D. W. Stoddard [Dayton W. Stoddard], aged 11 years, sons... That she has no money with which to support and care for said minors and support the family and educate the children above named. That it is necessary that she sell all the personal property set forth...
Various expenditures, incomes from the sale of personal property, and income from the rental of real estate were accounted for until January 1, 1890.
From county land records Susie H. Stoddard (widow); D. W. Stoddard [Dayton] (unmarried); S. G. Stoddard [Sheridan] and Alta Stoddard (husband and wife) sold to Don R. Stoddard for $1 the S 1/2 of the NW 1/4 S 26 T5 R5 dated 25 November 1901 -- [Apparently the NW reference was a "typo" and should have read NE ]
[I am guessing that Sheridan G. Stoddard and George S. Stoddard are one and the same person - no doubt when George D. Stoddard was alive there would have been some confusion over having two names of George in the same house - so probably they called young George by his middle name of Sheridan.]
Deed: from the United States of America, Certificate No. 2551; To George D. Stoddard of Columbia County Oregon; the S1/2 of the NE 1/4 of S26 in T5N of R5W, 80 acres -- signed by Benjamin Harrison, President; dated September 5, 1890; filed for record March 1, 1902 -- title located by TICOR -- [this was a purchase of federal land as opposed to a homestead; again, notice the inconsistencies of the dates.]
From Dan W. Stoddard, who maintains a Stoddard family database:
Our records show that George Dayton Stoddard was born in NY about 1841. He was the
youngest of four children. I am including the names of his brothers and sister and their
children:
1) Dewitt Clinton Stoddard
born Dec 1833 in NewYork,
married Dora G. Mosse;
children:
Verner Clinton Stoddard
2) Helen Stoddard,
born 1836/37 in New York;
3) Wickam Stoddard,
born 1838/39 in New York,
married Sarah J. ___.
children:
Frances B. Stoddard
m Robert M. Thurmond
Blanche Stoddard
Charles W. Stoddard
married Blanche Harding
4) George Dayton Stoddard
born 1841 NY
married Susannah H. ___.
children:
George Sheridan Stoddard
b 1867 MN
spouse: Alta S. ___.
Don R. Stoddard
b Sep 1874 MN
spouse Christina ____.
Dayton W. Stoddard
b May 1878
spouse Esther L. ___.
We have considerable interest in this family because in all of our activities involved in the collection of records of over 140,000 Stoddard's and allied individuals we have not seen more of this family. If you have any additions to update our records on this family we would be pleased to get the information. -- Dan W. Stoddard
Did a little searching on the Family Tree CDs and found:
...... George D. Stoddard
b 29 Oct 1841
d 10 Jun 1887 (no locations)
m Susie Helen Willey 11 Sept 1866
...... b 25 Mar 1845
...... d 14 Mar 1914 (no locations)
Children
1) G. S. Stoddard - no info
2) Dayton Willey Stoddard
.................... b 16 Mar 1878 Hutchinson, Minnesota
.................... d 22 Nov 1933 Anchorage, Alaska
.................... m 20 Nov 1913 Vancouver, WA
.................... Esther Louise Graham
............................. Children
............................. 1) Vivian Corrine Stoddard
........................... m Robt Bruce Laurie
............................. 2) Fay Mildred Stoddard
.......................... m Eskil Eskilson
............................. 3) Dorothy June Stoddard
.......................... m Robert Walling
............................. 4) Beth Marie Stoddard
.......................... m Delbert Lee Allen
-- From EMAIL
The search continues ...