An Early Day Hanging

["Ottawa Weekly Republican," 30 Apr 1903, p1c1]

Recently the Republic printed an account of two convictions for first degree murder in Franklin county. Col. J. W. Deford, who is full of traditions of the county's early history mentioned to a Republic reporter that there was not only another conviction for first degree murder, but an actual legal hanging for the crime, one of the few legal hangings ever held in the state. Upon the colonel's suggestion the reporter delved back into the musty, dusty records of the court and found the title of the case, "The state of Kansas vs. Ernest Wa-te-cha."

As will be seen by the name, the defendant was an Indian of the Quapaw tribe. The story of the crime is quite interesting William Hastings was a ranchman who in 1864 and '65 lived some miles southwest of town. He came on January 31, 1865, with a load of produce which he sold and received the money therefor. At that time, Ottawa was a small trading village much frequented by Indians and soldiers. Ernest Wa-te-cha was one of the Indian soldiers. He saw Hasting receive the money for his goods and saw him depart homeward. He followed him to Mud creek and coming up from behind, shot him in the back with a pistol, rifled the pockets of the corpse and made his escape.

H. F. Sheldon made complaint against the murderer before Justice of the Peace L. W. Johnson, who immediately issued the warrant for the Indian's arrest. It was given to William Potter, constable, who arrest Wa-te-cha.

In October of 1865, the grand jury, James Hanway, foreman, returned a true bill against the accused.

The case was taken before D. M. Valentine, then judge of the district court, John Walruff being clerk and C. L. Robbins sheriff. Judge Valentine allowed the prisoner's plea for a change of venue and the case was taken to Douglas county. Wa-te-cha was tried and convicted and sentenced to be hanged. He was hanged at Lawrence on January 19, 1866.