Crime and Punishment on the Overland Trails
“It is true that no general organization for law and order was effected on the western side of the river. But the American instinct for fair play and a hearing for everybody prevailed so that while there was no mob law, the law of self-preservation asserted itself, and the counsels of the level-headed older men prevailed. When an occasion called for action, a “high court” was convened, and woe betide the man that would undertake to defy its mandates after its deliberations were made public.”
– Ezra Meeker, recalling 1852
The Overland Trails, pathways carved by ambition and necessity across the vast expanse of the American West, represent a pivotal chapter in the nation’s history. These trails, most notably the Oregon and California Trails, beckoned pioneers westward with promises of fertile land, gold riches, and a new beginning. However, this arduous journey, stretching thousands of miles across unforgiving terrain, also brought forth the darker aspects of human nature. While the image of the westward expansion is often romanticized, the reality was that crime and punishment on the Overland Trails were very real.
The emigrants who traversed these trails were, in essence, mobile communities. Like any settlement, they were susceptible to disputes and transgressions. The circumstances of the journey, however, amplified these issues. The scarcity of resources, the constant threat of danger, and the sheer proximity of strangers created a breeding ground for conflict. The stories of crime and punishment on the Overland Trails, while often overshadowed by tales of heroism and resilience, offer a stark reminder of the challenges faced by these pioneers.
The motives behind these crimes were as varied as the individuals who committed them. Some disputes stemmed from familiar vices, such as disagreements over money, property, or romantic entanglements. The stresses of the trail, however, added fuel to these fires. Disputes over travel speed, the treatment of animals, the choice of routes, and the quality of leadership could quickly escalate into heated arguments and, in some cases, violence. The relentless pressure of the journey, combined with the constant exposure to the elements, could fray even the strongest bonds and expose the darker sides of human nature. The topic of crime and punishment on the Overland Trails is a sobering reminder of the past.
E.W. Conyers aptly observed in 1852, "If there is any meanness in a man, it makes no difference how well he has it covered; the plains is the place that will bring it out." This statement encapsulates the transformative effect of the Overland Trails. The journey served as a crucible, testing the character of each individual and revealing their true nature, for better or worse. Considering crime and punishment on the Overland Trails offers a window into this difficult time.
Beyond the established borders of settled territories, the Overland Trails existed in a legal vacuum. There were no established law enforcement agencies or formal courts to adjudicate disputes and punish offenders. While the military offered some protection near forts, their jurisdiction did not extend to civilian criminal matters. In this environment, the emigrants were forced to create their own systems of justice, forging a unique and often brutal form of frontier law. The absence of formal legal structures contributed to the unique challenges surrounding crime and punishment on the Overland Trails.
Recognizing the need for order and structure, many wagon trains established their own constitutions, codes, resolutions, or by-laws before even leaving Missouri. These documents outlined rules for conduct, procedures for decision-making, and penalties for infractions. They addressed essential aspects of communal life, including camping arrangements, marching order, restrictions on gambling and drinking, defense strategies, and the protection of private property rights. Crucially, they also established a process for addressing crimes and administering justice. The very nature of crime and punishment on the Overland Trails forced pioneers to self-govern.
These regulations were essential for maintaining peace and cooperation among the diverse groups of people who found themselves thrown together on this long and perilous journey. The governing documents typically included rules for decision-making, voting, camping, and marching; restrictions on gambling and drinking, defense, and private property rights; failing to perform duties; security for the sick or bereaved; rules for infractions; and penalties for crimes. The success of the wagon train, and the safety of its members, depended on the enforcement of these rules.
Minor offenses were usually handled through mediation or, in some cases, public whipping. More serious crimes, such as murder, rape, and grand theft, were addressed through more formal proceedings. Emigrants would convene a jury, conduct a trial, and determine a punishment based on the standards of justice they had known back east. Penalties for these severe crimes ranged from banishment from the wagon train to execution by hanging or firing squad. These drastic measures reflected the harsh realities of life on the trail, where survival often depended on maintaining order and deterring violence.
The trials themselves, hastily convened and often lacking legal expertise, were a reflection of the frontier environment. Often a wagon master, a lawyer, or a minister traveling with the train would be appointed as judge. Jurors would be selected from the company’s membership, and the accused would stand before them as the rest of the pioneers looked on. The outcome of these trials was often predetermined, with little chance of acquittal. Once found guilty, the condemned were typically executed swiftly, often hanged from the nearest tree or a makeshift gallows constructed from wagon parts. The bodies of both the victim and the perpetrator were often buried in shallow graves near the trail, a grim reminder of the consequences of violence.
Ezra Meeker, a pioneer who traversed the Oregon Trail in 1852, emphasized the importance of this self-imposed justice, stating, "When we set foot upon the right bank of the Missouri River, we were outside the pale of civil law. We were in an Indian country where no organized civil government existed. Some people and some writers have assumed that each man was a ‘law unto himself’ and free to do his own will… Nothing could be further from the facts than this assumption, as evil-doers soon found to their discomfort.”
While the stories of cooperation and resilience on the Overland Trails are well-known, the darker reality is that murders were not uncommon. Dr. Richard L. Rieck of Western Illinois University, after studying pioneer diaries from 1841 through 1865, estimated that at least 172 people were murdered by their fellow emigrants on the Oregon-California Trail. This number serves as a chilling reminder that even within these close-knit communities, violence could erupt with devastating consequences.
Rieck’s research further revealed that more than half of these murders were the result of passionate arguments, often involving women or money. Another significant portion of the killings stemmed from violent robberies. The weapons of choice were typically guns or knives, readily available tools in this frontier environment. The diaries of pioneers are filled with accounts of these slayings and the discovery of bodies along the trail. While many perpetrators escaped justice, around 21 reported murder trials resulted in executions on the trail. The stories of crime and punishment on the Overland Trails are preserved in these diaries.
As Rieck observed, "We tend to think of the people in the wagon trains as brave close-knit families, and the possibility of murder among this wholesome group never crosses our minds." This highlights the dissonance between the romanticized image of the westward expansion and the harsh reality of life on the trail.
In 1852, the peak year of western wagon travel, one doctor traveling from Indiana to Oregon reported that there were "not less than 50" murders along the Overland Trail, along with a significant number of executions. These figures, while difficult to verify with absolute certainty, underscore the prevalence of violence in these communities.
Ezra Meeker recounted an incident from his 1852 journey that illustrates the determination of pioneers to uphold justice. In what is now Wyoming, a murder motivated by robbery occurred. A council of twelve men was convened to decide the fate of the suspect, who had a wife and four children. Despite the potential hardship that executing the man would inflict on his family, the council ultimately decided to uphold the law. The man was hanged in front of the entire camp, including his family, but only after provisions had been made to ensure the family’s safety and continued journey.
Abigail Jane Scott, who traveled the Oregon Trail in 1852 at the age of 17, kept a diary that recorded some of the violence she witnessed. One entry described a murder that occurred in a train from Wisconsin, where a man named Daniel Olmstead stabbed Sherman Dunmore in self-defense after Dunmore attacked him. The jury, after investigating the incident, ruled that Olmstead acted in self-defense.
Another diary entry recounted passing two graves, one bearing the inscription "Charles Botsford murdered June 28, 1852. The murderer lies in the next grave. The other bears the inscription of ‘Horace Dolley hung June 29, 1852’." Dolley had murdered Botsford over a minor dispute but was quickly apprehended, tried, and executed for his crime. The diaries of the Cornoyer and Moreland families provided further details of Dolley’s trial and execution, highlighting the swift and decisive justice meted out on the trail.
Other, briefer accounts of murders were also recorded. James Evans, in 1850, wrote of finding a company that had been torn apart by infighting, with wagons burned, harnesses cut to pieces, and clothing stained with blood. Charles Gould, in 1849, noted that a man named Young shot Scott dead, was tried by the company, found guilty, and executed by firing squad. Gravesites were often marked with the names of both the murderer and the murdered, providing a somber record of the violence that had occurred.
The location of the crimes also varied. Homicides spiked in frequency near the Continental Divide, where accumulated frustrations after hundreds of miles of travel often led to violent outbursts. Several ramshackle saloons existed at busy pioneer stops like Devil’s Gate and the Green River Rendezvous country in Wyoming, where alcohol exacerbated tensions and led to gunfights over women, horses, and other disputes. The Sweetwater River fords, where it was often difficult to sort out cattle ownership, were also a common site of conflict. The Mormon Ferry Crossing at Casper, Wyoming, with its traffic backups and armed road rage incidents, was another location where violence frequently erupted.
One particularly disturbing story tells of a wagon train that included a disagreeable old man named John Smith. Smith constantly complained and belittled a young orphan boy who had been taken in by the company. After Smith took the boy hunting and returned without him, he was tried for murder, found guilty, and hanged. The story serves as a stark reminder of the potential for cruelty and violence that existed on the Overland Trails.
Edwin Bryant observed, "If a man is predisposed to be quarrelsome, obstinate, or selfish from his natural constitution, these repulsive traits are certain to be developed in a journey over the plains. The trip is a sort of a magic mirror and exposes every man’s qualities of heart connected with it, vicious or amiable." The Overland Trails, in their harshness and isolation, served as a powerful magnifying glass, revealing the true character of those who dared to cross them.
While murder was the most extreme form of crime on the Overland Trails, other forms of antisocial behavior were also prevalent. These included physical abuse, abandonment, and neglect. Women, in particular, were vulnerable to abuse, reflecting their subordinate status in 19th-century society. Spousal abuse was not uncommon, although much of it went unreported.
One extreme form of cruelty was the abandonment of individuals on the trail, often a death sentence. In one instance, a young girl and her brother, both ill from cholera, were abandoned in their wagon after their parents died. Fortunately, a passing company rescued them. In another case, a company found an abandoned mother and her young daughter near Salt Lake City and escorted them back to the Mormon settlement.
While the Overland Trails represent a story of westward expansion and the pursuit of opportunity, the accounts of crime and punishment on the Overland Trails offer a sobering reminder of the challenges and dangers faced by these pioneers. These stories, often overlooked in the romanticized narratives of the Wild West, reveal the darker aspects of human nature and the harsh realities of life on the frontier.