New Hampshire & Colorado: Two Forgotten Murders, 1886-1897

This episode contains discussions of murder, execution, racial violence, and a botched public hanging. If you need to skip any section, the chapter markers below will help you find your way around. Support resources are listed at the end of these notes.This EpisodeSeason 40 of Foul Play covers America's forgotten crimes — fifty states, 250 years, and the stories that slipped out of the history books. Episode 8 closes out the season with a double portrait. One case from New Hampshire. One from Colorado. Eleven years apart. Two thousand miles between them. The same question at the center of both: when the law finally catches up with a killer, does it actually deliver justice?This is historical true crime at its most uncomfortable.Case A: The Great Falls National Bank Murder — New Hampshire , 1897Joseph A. Stickney was sixty-eight years old when a man walked into his bank on Good Friday morning, April 16, 1897, and cut his throat.Stickney was the cashier of the Great Falls National Bank in Somersworth, New Hampshire — a mill city of seven thousand people where the Salmon Falls River dropped one hundred feet over a mile and powered seven textile mills. The bank had operated since 1865. On a holiday morning, with the mills closed and families walking to Mass, Stickney was alone at his desk with $150,000 in money and securities behind him.The man who killed him was Joseph E. Kelley, twenty-four years old, born in Amesbury, Massachusetts. Kelley had been convicted in Somersworth five years earlier for breaking and entering. He had studied the bank's routine. He walked in with a blackjack, knocked Stickney to the floor, cut his throat, and left with approximately $6,000 in cash — leaving $144,000 behind.The historical murder investigation moved fast. Kelley hired a horse team from Whitten's Stable. The team was found the next day at Phoenix Stables. On April 29, investigators searched a boarding house in Berwick, Maine, where they found a box containing a false mustache and goatee. Kelley had already crossed into Quebec on a Boston & Maine train. He was caught in a Montreal brothel, seated between two prostitutes, still wearing a woman's dress he had purchased for $10 in gold from a hotelkeeper in Quebec.At trial in Dover, New Hampshire, in November 1897, Kelley changed his plea to guilty — but only if the hanging could be scheduled for January 16, 1898. He had a contract with the Devil, he explained, that expired January 15.Dr. Charles Bancroft of the New Hampshire State Asylum for the Insane examined Kelley multiple times and concluded he had the instincts of a man but the judgment and capacity of a child of nine. Expert after expert called him a "high-grade imbecile. " Chief Justice Alonzo P. Carpenter, who had served as Chief Justice of the New Hampshire Supreme Court since 1896, presided over a bench that ultimately found Kelley guilty of second-degree murder — thirty years in state prison. Kelley was reportedly disappointed. He had wanted to hang.Case B: The Trolley Murder of Joseph C. Whitnah — Colorado , 1886On the night of May 19, 1886, Joseph C. Whitnah was driving a horse-drawn streetcar along the Broadway line of the Denver City Railway when two men approached his car at the southern terminus at Broadway and Alameda.Whitnah was a streetcar operator in a city mid-boom. Denver's population tripled between 1880 and 1890, from roughly 35,000 to more than 106,000. The Denver City Railway operated forty-five coaches across sixteen miles of track.Andrew Green, twenty-five years old, and his associate John "Kansas" Withers had been waiting for Whitnah's car. Green fired two shots from a .38 caliber revolver. The first shot was accidental — triggered when Whitnah screamed. The second was deliberate, close-range, through the heart. Whitnah died on the spot. The $14 in fares in his cashbox went untouched.The true crime investigation broke in six days. On May 21, a private detective received a tip at the G.A.R. Saloon on Larimer Street — the Grand Army of the Republic, a fraternal organization for Union veterans. Withers confessed almost immediately and identified Green as the shooter. Green was arrested and confessed on May 25. He told investigators he had been promised the death penalty would be taken off the table if he cooperated.That promise was never confirmed or denied.Green stood trial before an all-white jury. This was Denver six years after a mob of 3,000 attacked the city's Chinese quarter and lynched a man named Look Young. Defense attorney Edgar Caypless worked pro bono. He argued that no robbery had actually been completed, that Green's confession was coerced by a false promise, and that the first shot was accidental. The jury deliberated a little over an hour — was polled four times, one juror holding out for second- degree — and returned a verdict of guilty of first-degree murder. Death.On July 27, 1886, Sheriff Frederick Cramer of Arapahoe County cut the main rope at 2:24 PM before fifteen to twenty thousand spectators gathered between the Broadway and Colfax bridges. Vendors sold lemonade. Families had brought picnic lunches. Children were in the crowd.Green's neck did not snap. Twelve minutes after the jerk-up, doctors could still feel a pulse at his wrist. At 3:45 PM — eighty-one minutes after Cramer cut the rope — undertakers removed Andrew Green from the gallows and placed him in a casket bound for the "colored" section of Riverside Cemetery.The execution was condemned by nearly every Denver newspaper. In 1889, Colorado moved all executions to the state prison in Canon City, limited witnesses, and commissioned a new gallows design. In 1897 — the same year Joseph Stickney was murdered in New Hampshire — Colorado abolished the death penalty. It was reinstated in 1901.Historical ContextBoth cases arrived during the same decade, when American law was negotiating what justice was supposed to look like. In New Hampshire, a court grappled with whether a man who could plan a murder could simultaneously lack the mental capacity to stand fully accountable for it. In Colorado, a court asked whether a Black man could get a fair trial six years after his city had watched a lynch mob go unpunished.Neither question has a clean answer. Both still echo.This is Season 40 of Foul Play: America's 250th Anniversary — the crimes that didn't make the monuments.Our Sponsors:* Check out Kensington Publishing: https://www.kensingtonbooks.com* Check out Mood and use my code SHANE for a great deal: https://mood.comAdvertising Inquiries: https://redcircle.com/brandsPrivacy & Opt-Out: https://redcircle.com/privacy