User:Gloorjf/Trial and Execution of Frederick Hopt

The Execution of Frederick Hopt

On July 23rd, 1880, Frederick Hopt (alias Fred Welcome), a young man born from German immigrants in Illinois, was apprehended in Cheyenne Wyoming for the alleged murder of John F. Turner. Arrested by the deceased's father, Sheriff John W. Turner, Hopt was brought back to Salt Lake City for his subsequent trial and execution. On February 19th, 1881 he was sentenced to death by the third district court of Salt Lake County. However, through a series of appeals to higher courts Hopt was able to delay his execution until August 11th, 1887, the day of his death. This delay caused outrage for the people of the Utah territory. Frustrated with the lack of expediency, angry mobs would illegally lynch five people throughout the seven year period spanning from Hopt's arrest to his execution.

As a result of the Hopt trial, two important legal precedents were set in Utah. The use of the appeal process to ensure the rights of the accused, and the case also established the right of the executive branch of government to interfere with the judicial.

Murder of John F. Turner

The history between the Turner family and Hopt goes back further than the murder in 1880. Sheriff Turner had arrested Hopt previously in Provo on July 1st, 1879 for the crime of stealing a horse, and once more in the Autumn of that same year for a drunken disturbance. While only minor offenses, Hopt took exception to the arrests and was heard to have said that "if he ever met John W. or John F. away he would kill one of them." Hopt encountered the younger Turner in Park City in July 1880, where Turner was selling barley and running his father's teams. Initially they were working together and hanging around as friends. On July 3rd, Hopt, Turner, and one of Hopt's associates Jack Emerson were seen at their camp, talking around the fire. Later that night, they were seen at a saloon together as well.

At the Saloon on July 3rd, Turner was seen talking to a W. H. Hook, a man from Gunnison Colorado. The two were discussing plans for Turner to take his teams and his barley to Colorado. Hopt, fearing he would be left out of the deal, confronted Hook and stated, to no avail, that since the teams belonged to Turner's father they could not be taken out of Utah and into Colorado. The frustrated Hopt left with his associate Emerson into the night. Not knowing where they had gone, Turner left in search of the pair. Not being able to find them, Turner retired to his campsite. That same night, Hopt had returned back to the Park City saloon, but "with his white shirt front speckled with spattered blood." Hopt proceeded to act nervous and sporadic for the next three days. When asked about the blood, Hopt had claimed that "some son-of-a-bitch" had started a fight with Hopt, and the two exchanged blows. Hopt proceeded to wear the blood soaked shirt for the remainder of his time in Park City, a puzzling decision at best. Hopt and Emerson left Park City and headed for Wyoming on July 6th with Turner's equipment, with the body of the deceased wrapped and buried under the barley. The pair disposed of the body in Echo City, Wyoming. The body of Turner was found near Hopt and Emerson's campsite four days after their departure by a father and son fishing in Echo Canyon. The body was identified as the young Turner, and word was sent to Sheriff Turner. The sheriff had received word that Hopt was selling Turner's teams in Wyoming, so he sent word for his arrest immediately. That suspicious fact, combined with Hopt and the Turner family's prior history led to his arrest. He was brought back to Salt Lake City for trial by an emotional Sheriff Turner to stand trial.

Trial

Hopt was already seen as guilty in the eyes of the Utah public, being deemed a cowardly, criminal man in the papers. Hopt attempted to place the blame on his accomplice, Jack Emerson to no avail. Emerson was also arrested however, and both men were sentenced. On February 19th, 1881, Hopt was found guilty of first degree murder by a jury in Utah's third district court. This crime carried a punishment of death, which in this particular case was "one of general satisfaction to all." However, the satisfaction felt was only temporary, as Hopt would remain in prison for the next six and one half years as a series of complicated legal procedures played out. These included three more trials in the district court, four appeals to the Supreme Court of the territory of Utah, and four appeals to the Supreme court of the United States. Hopt based his appeals on technical errors committed by both the district courts and the Utah Supreme court, which the Supreme court of the United States deemed worthy of a reversal of judgement. Hopt's use of appeals was remarkable, making his almost seven year trial process the longest execution duration ever in the history of Utah.

After the district court had declared Hopt guilty of murder for the third time, he appealed to the Utah Supreme court, which upheld the decision made by the district court. Hopt appealed to the Supreme court of the United States after that, asking for a stay of execution pending their decision. The previous two times this had happened, the Utah Supreme court had granted Hopt a stay of execution pending a decision by the United States supreme court, however this time they did not, meaning Hopt would be put to death before the high court could make their decision on his case. Hopt and his defense team appealed to the Governor of Utah, Arthur Thomas, to grant a stay of execution. Thomas was initially reluctant, as he believed granting stays of execution to be a power reserved for the judicial branch of government. But, at the recommendation of the Utah Supreme court, he granted the stay of execution the day before Hopt was scheduled to be executed, setting a precedent that gave the executive branch of government the power to intervene and even overturn decisions made by the judicial branch.

Reactions

Community

The people of Utah were outraged at this decision, as they believed another trial would do nothing to prove the innocence of the undoubtedly guilty Hopt. Outraged even before this new wrinkle, the citizens of Utah conducted five illegal lynchings while Hopt was in custody. Frustrated with the legal process and its long duration, Utahans lynched Thomas Forrest in October, 1880, William Harvey in August 1883, John Murphy in August 1883, George Segal in April, 1884, and Joseph Fisher in July, 1886. After the Hopt execution, no trial which ended in capital punishment took longer than two years, start to finish.

References

1. Hanger, Kimberly S., "The Frederick Hopt Murder Case: A Darker Side of Utah Territorial History," UCLA Historical Journal, 1985

2. Gerlach, R. Larry, "Ogden's "Horrible Tragedy:" The Lynching of George Segal," Utah Historical Quarterly, 1981

3. Cannon, Kenneth L., ""Mountain Common Law": The Extralegal Punishment of Seducers in Early Utah," Utah Historical Quarterly, 1983

4. Wilson, Michael R., "Legal Executions in the Western Territories, 1847 - 1911: Arizona, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington and Wyoming," McFarland, 2010.