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William James Mitchell

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William James Mitchell

Birth
Westchester County, New York, USA
Death
23 Feb 1896 (aged 37)
Empire City, Cherokee County, Kansas, USA
Burial
Galena, Cherokee County, Kansas, USA Add to Map
Memorial ID
View Source
William James Mitchell
(September 25, 1858 ~ February 23, 1896)
25 September 1858 ~ 23 February 1896

***

A FATAL SHOOTING.

Link Cole of Empire Kills Wm. Mitchell of Galena.

COLE IS NOW UNDER ARREST

A Few of the Miners Threatened Vengeance, but Cooler Heads Prevented.


Last Saturday night about 9 o'clock Wm. Mitchell and Geo. Sorrel of this city drove over to Empire and were feeling rather jubilant, from the effects of a few glasses of liquor. Just after crossing the Memphis tract at the depot one of them gave vent to a yell which attracted the attention of Marshal Link Cole who was just ahead of them in the road, in company with Geo. Weaver. The marshal ordered the two men to halt, which they refused to do and he grabbed the team and stopped it.

He then deputized Weaver, and Mitchell and Sorrel were taken to the calaboose. After reaching this place some trouble arose which resulted in the fatal shooting of Mitchell by Cole, but the exact particulars are hard to obtain as the stories of the men present conflict somewhat.

A representative of the TIMES called on City Marshal Cole, who says that after getting the prisoners inside, he searched them, taking from them knives, money, jewelry etc., and thinking it rather chilly for them he proceeded to build a fire in the stove, and while in a stooping posture Mitchell struck him a blow on the head felling him to the floor and that the prisoner then jumped on him and began beating and kicking him.

While this was going on Weaver came to Cole's assistance and Sorrel, the other prisoner, tackled him. Cole says he ordered Mitchell to desist, but he would not and finally struck at him with a board which hit the wall by his head, and that he then pulled his pistol and putting the muzzle against Mitchell's stomach, fired, but this did not stop him, so he fired the second and third shot when the wounded man fell to the floor.

At the sound of the pistol Weaver and Sorrel ran out the open door, but Sorrel was put back and the marshal went after a lantern, as there was no light in the calaboose.

On returning the wounded man was laid on the bed and Dr. Evans and Payne were called who found that two balls had passed through the abdomen, one just above and one just below the naval, while the third had passed through the leg just above the knee. It is believed that either of the shots through the abdomen were sufficient to cause death.

Geo. Sorrel, who during the melee received two severe cuts on the head, having been struck twice by Weaver with a revolver, tells a different story from that of Cole.

He says that after being arrested he and Mitchell went to the police judge and were requested to put up $10 each for their appearance Monday morning, which he (Sorrel) wanted to do, but Mitchell objected, saying they had done nothing to be arrested for, and the two were taken to the jail, and no disturbance was raised until the officer had searched them and Mitchell insisted on keeping his watch, the scuffle commenced and it being dark in there, when the shooting began, he ran out the door and was knocked down by Weaver.

Sorrel is a quiet man. He is employed at the Mary Ann mines and says he was never arrested before.

Mitchell suffered terrible agony all night, and Sunday morning was laid on a mattress and carried to his home in East Galena, where he died about 5:30 p.m.

Before he expired he conversed with his family and also with Deputy Sheriff Raines and Deputy County Attorney Wheatley who went to his house and took his deposition, which was to the effect that he did not wish to give up his watch and struck the marshal when he refused to let him keep it. He admitted he had been drinking a little, and that he was arrested for fast driving, but went quietly with the officer and that no trouble would have come up but for the watch.

Dr. Evans examined Marshal Cole and found that he had sustained number of hard blows, having it black eye, a cut on the head, and a swollen place in the ribs, evidently caused by kick, and the officer's clothes showed plainly that he had been down in the dirt struggling.

Mitchell was a hard working miner and had quite a large family—a wife and six children, the oldest being 14 years of age. He often took a Saturday night spree, and when drinking was inclined to be quarrelsome, but was always good to his family, which something unusual for a man when drinking.

Deputy Sheriff Charlie Raines went over to Empire Sunday night and arrested Marshal Cole, and seeing that excitement was rapidly increasing, took him to Joplin, but returned at midnight, and Monday the prisoner was taken before Judge Finch, where he entered a plea of not guilty to the charge of murder, and his preliminary trial was continued until Wednesday. Sheriff Forkner arrived Monday morning and took Cole to the Columbus jail on the Memphis.

Altogether it is a most deplorable affair and one to be regretted by every citizen, and what makes it much more sad is the fact that the widow is left with six small children to support, and another to be added to the list inside of a few weeks, and all are virtually without any mean of support.

The Galena Times, Galena, Kansas
28 February 1896, Friday, Page: 2.

~*~

[His Dying Declaration:]
State of Kansas, Cherokee County

I, William J. Mitchell make the following statement: I know I cannot live; I make this as my dying declaration; Link Cole shot me in the stomach and in the leg while we were in the Empire City calaboose last night. I think he shot me three times and they all hit me.

We had been to the Police Judge's office, and Cole would not give us time to fix up a bond. When we got to the cooler he searched me and took my watch; I didn't want him to take it and told him not to, but he took it, then I hit him; it was then a general fight for about a minute and I got him down on his knee and one arm, then he shot me and I let loose and I guess I fell. I do not remember much after that for a while, but heard other shots.

I had no revolver with me, do not own one; I might have had my pocket knife. I did not hit or strike at him with anything except my fist. I did not see any board; if he had not taken my watch there would have been no trouble. I had not done anything to be arrested for. I was perfectly sober. I did not know he had a revolver.

William J. [X his mark] Mitchell
Witnesses: G. W. Wheatley, G. B. Thomason, J. L. Downing

The Galena Times, Galena, Kansas
13 March 1896, Friday, Page 1

The crime with which Cole is charged is murder in the first degree for the killing of Wm. Mitchell in Empire Saturday night, Feb. 22, 1896.

Attorneys Ashley and Perkins did noble work for their client at the preliminary, but nothing like what they will undertake at trial in circuit court. County Attorney McNeil, Deputy Wheatley and W. F. Sapp also displayed their knowledge of law, but it is believed they did not "come to the front," as they will hereafter.

The Galena Times, Galena, Kansas
13 March 1896, Friday, Page 1

[Note: No article about William's burial could be found. Cole was acquitted of the crime in April 1896.]

For more about Washington Lincoln 'Link' Cole, #22273753.

~*~
*~*

This may or may not be him, but seems likely:

William Mitchell

Son

United States Census, 1880

Name William Mitchell

Event Type Census
Event Date 1880
Event Place Caldwell, Sumner, Kansas,

Gender Male
Age 21
Birth Year (Estimated) 1859
Birthplace New York,

Marital Status Single

Race White
Race (Original) W

Relationship to Head of Household Son
Relationship to Head of Household (Original) Son

Sheet Letter C
Sheet Number 242
Person Number 2
Volume 1

Household Role Gender Age Birthplace

17. Wm Mitchell Self M 47 1833 Ireland Parent's Birthplace Ireland Farmer
18. Jamima Mitchell Wife F 48 1832 Ireland Parent's Birthplace Ireland
19. William Mitchell Son M 21 1859 New York,
20. Robart Mitchell Son M 20 1860 New York,
21. Jamima Mitchell Daughter F 18 1862 Canada
22. John Mitchell Son M 16 1864 Canada
23. Carney Mitchell Son M 14 1866 Canada
24. Thomas Mitchell Son M 11 1869 Canada
25. Lucinda Mitchell Daughter F 8 1872 New York,
26. Jane Mitchell Daughter F 7 1873 New York,
27. Mary Mitchell Daughter F 5 1875 New York,

View this document:
http://preview.tinyurl.com/j2tzalz

Citing this Record

"United States Census, 1880," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:MF5P-DP), William Mitchell in household of Wm Mitchell, Caldwell, Sumner, Kansas, United States; citing enumeration district ED 208, sheet 242C, NARA microfilm publication T9 (Washington D.C.: National Archives and Records Administration, n.d.), roll 0398; FHL microfilm 1,254,398.

~*~
*~*

William Mitchell (1858 - 1896) – Galena Cemetery –
Suggested By: ~~mjp~~, 14 June 2021.

Death Date: 24 February 1896; 23 February 1896

FYI, the date of his marriage to Martha must be an error as they were both still single in the 1880 census.

There are several different dates given for her marriage, but no record has yet been found.

~~mjp~~

~*~
*~*

Flower left for wife Martha Hardman:

William James Mitchell
b: 25 September 1858 Canada
D: February 24, 1896 Empire City Kansas

- Pat (#46956256)
Added: Nov. 30, 2007

~*~
-------------------------

Thanks to James Colbert (#47093604)

William James Mitchell was born 9/25/1858 (place of birth is either NY or CAN, not sure yet)

Please link to his parents:
Father: William James Mitchell 29625749
Mother: Jemina Jemison Mitchell 29625803

Thank you,
Jim

-------------------------
~*~

William Mitchell

Sent by: Sherri Carlson (#48398192)
Jan 26, 2016 9:11 AM

Birth Place: Canada; Westchester County, New York, USA

-------------------------
~*~
William James Mitchell
(September 25, 1858 ~ February 23, 1896)
25 September 1858 ~ 23 February 1896

***

A FATAL SHOOTING.

Link Cole of Empire Kills Wm. Mitchell of Galena.

COLE IS NOW UNDER ARREST

A Few of the Miners Threatened Vengeance, but Cooler Heads Prevented.


Last Saturday night about 9 o'clock Wm. Mitchell and Geo. Sorrel of this city drove over to Empire and were feeling rather jubilant, from the effects of a few glasses of liquor. Just after crossing the Memphis tract at the depot one of them gave vent to a yell which attracted the attention of Marshal Link Cole who was just ahead of them in the road, in company with Geo. Weaver. The marshal ordered the two men to halt, which they refused to do and he grabbed the team and stopped it.

He then deputized Weaver, and Mitchell and Sorrel were taken to the calaboose. After reaching this place some trouble arose which resulted in the fatal shooting of Mitchell by Cole, but the exact particulars are hard to obtain as the stories of the men present conflict somewhat.

A representative of the TIMES called on City Marshal Cole, who says that after getting the prisoners inside, he searched them, taking from them knives, money, jewelry etc., and thinking it rather chilly for them he proceeded to build a fire in the stove, and while in a stooping posture Mitchell struck him a blow on the head felling him to the floor and that the prisoner then jumped on him and began beating and kicking him.

While this was going on Weaver came to Cole's assistance and Sorrel, the other prisoner, tackled him. Cole says he ordered Mitchell to desist, but he would not and finally struck at him with a board which hit the wall by his head, and that he then pulled his pistol and putting the muzzle against Mitchell's stomach, fired, but this did not stop him, so he fired the second and third shot when the wounded man fell to the floor.

At the sound of the pistol Weaver and Sorrel ran out the open door, but Sorrel was put back and the marshal went after a lantern, as there was no light in the calaboose.

On returning the wounded man was laid on the bed and Dr. Evans and Payne were called who found that two balls had passed through the abdomen, one just above and one just below the naval, while the third had passed through the leg just above the knee. It is believed that either of the shots through the abdomen were sufficient to cause death.

Geo. Sorrel, who during the melee received two severe cuts on the head, having been struck twice by Weaver with a revolver, tells a different story from that of Cole.

He says that after being arrested he and Mitchell went to the police judge and were requested to put up $10 each for their appearance Monday morning, which he (Sorrel) wanted to do, but Mitchell objected, saying they had done nothing to be arrested for, and the two were taken to the jail, and no disturbance was raised until the officer had searched them and Mitchell insisted on keeping his watch, the scuffle commenced and it being dark in there, when the shooting began, he ran out the door and was knocked down by Weaver.

Sorrel is a quiet man. He is employed at the Mary Ann mines and says he was never arrested before.

Mitchell suffered terrible agony all night, and Sunday morning was laid on a mattress and carried to his home in East Galena, where he died about 5:30 p.m.

Before he expired he conversed with his family and also with Deputy Sheriff Raines and Deputy County Attorney Wheatley who went to his house and took his deposition, which was to the effect that he did not wish to give up his watch and struck the marshal when he refused to let him keep it. He admitted he had been drinking a little, and that he was arrested for fast driving, but went quietly with the officer and that no trouble would have come up but for the watch.

Dr. Evans examined Marshal Cole and found that he had sustained number of hard blows, having it black eye, a cut on the head, and a swollen place in the ribs, evidently caused by kick, and the officer's clothes showed plainly that he had been down in the dirt struggling.

Mitchell was a hard working miner and had quite a large family—a wife and six children, the oldest being 14 years of age. He often took a Saturday night spree, and when drinking was inclined to be quarrelsome, but was always good to his family, which something unusual for a man when drinking.

Deputy Sheriff Charlie Raines went over to Empire Sunday night and arrested Marshal Cole, and seeing that excitement was rapidly increasing, took him to Joplin, but returned at midnight, and Monday the prisoner was taken before Judge Finch, where he entered a plea of not guilty to the charge of murder, and his preliminary trial was continued until Wednesday. Sheriff Forkner arrived Monday morning and took Cole to the Columbus jail on the Memphis.

Altogether it is a most deplorable affair and one to be regretted by every citizen, and what makes it much more sad is the fact that the widow is left with six small children to support, and another to be added to the list inside of a few weeks, and all are virtually without any mean of support.

The Galena Times, Galena, Kansas
28 February 1896, Friday, Page: 2.

~*~

[His Dying Declaration:]
State of Kansas, Cherokee County

I, William J. Mitchell make the following statement: I know I cannot live; I make this as my dying declaration; Link Cole shot me in the stomach and in the leg while we were in the Empire City calaboose last night. I think he shot me three times and they all hit me.

We had been to the Police Judge's office, and Cole would not give us time to fix up a bond. When we got to the cooler he searched me and took my watch; I didn't want him to take it and told him not to, but he took it, then I hit him; it was then a general fight for about a minute and I got him down on his knee and one arm, then he shot me and I let loose and I guess I fell. I do not remember much after that for a while, but heard other shots.

I had no revolver with me, do not own one; I might have had my pocket knife. I did not hit or strike at him with anything except my fist. I did not see any board; if he had not taken my watch there would have been no trouble. I had not done anything to be arrested for. I was perfectly sober. I did not know he had a revolver.

William J. [X his mark] Mitchell
Witnesses: G. W. Wheatley, G. B. Thomason, J. L. Downing

The Galena Times, Galena, Kansas
13 March 1896, Friday, Page 1

The crime with which Cole is charged is murder in the first degree for the killing of Wm. Mitchell in Empire Saturday night, Feb. 22, 1896.

Attorneys Ashley and Perkins did noble work for their client at the preliminary, but nothing like what they will undertake at trial in circuit court. County Attorney McNeil, Deputy Wheatley and W. F. Sapp also displayed their knowledge of law, but it is believed they did not "come to the front," as they will hereafter.

The Galena Times, Galena, Kansas
13 March 1896, Friday, Page 1

[Note: No article about William's burial could be found. Cole was acquitted of the crime in April 1896.]

For more about Washington Lincoln 'Link' Cole, #22273753.

~*~
*~*

This may or may not be him, but seems likely:

William Mitchell

Son

United States Census, 1880

Name William Mitchell

Event Type Census
Event Date 1880
Event Place Caldwell, Sumner, Kansas,

Gender Male
Age 21
Birth Year (Estimated) 1859
Birthplace New York,

Marital Status Single

Race White
Race (Original) W

Relationship to Head of Household Son
Relationship to Head of Household (Original) Son

Sheet Letter C
Sheet Number 242
Person Number 2
Volume 1

Household Role Gender Age Birthplace

17. Wm Mitchell Self M 47 1833 Ireland Parent's Birthplace Ireland Farmer
18. Jamima Mitchell Wife F 48 1832 Ireland Parent's Birthplace Ireland
19. William Mitchell Son M 21 1859 New York,
20. Robart Mitchell Son M 20 1860 New York,
21. Jamima Mitchell Daughter F 18 1862 Canada
22. John Mitchell Son M 16 1864 Canada
23. Carney Mitchell Son M 14 1866 Canada
24. Thomas Mitchell Son M 11 1869 Canada
25. Lucinda Mitchell Daughter F 8 1872 New York,
26. Jane Mitchell Daughter F 7 1873 New York,
27. Mary Mitchell Daughter F 5 1875 New York,

View this document:
http://preview.tinyurl.com/j2tzalz

Citing this Record

"United States Census, 1880," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:MF5P-DP), William Mitchell in household of Wm Mitchell, Caldwell, Sumner, Kansas, United States; citing enumeration district ED 208, sheet 242C, NARA microfilm publication T9 (Washington D.C.: National Archives and Records Administration, n.d.), roll 0398; FHL microfilm 1,254,398.

~*~
*~*

William Mitchell (1858 - 1896) – Galena Cemetery –
Suggested By: ~~mjp~~, 14 June 2021.

Death Date: 24 February 1896; 23 February 1896

FYI, the date of his marriage to Martha must be an error as they were both still single in the 1880 census.

There are several different dates given for her marriage, but no record has yet been found.

~~mjp~~

~*~
*~*

Flower left for wife Martha Hardman:

William James Mitchell
b: 25 September 1858 Canada
D: February 24, 1896 Empire City Kansas

- Pat (#46956256)
Added: Nov. 30, 2007

~*~
-------------------------

Thanks to James Colbert (#47093604)

William James Mitchell was born 9/25/1858 (place of birth is either NY or CAN, not sure yet)

Please link to his parents:
Father: William James Mitchell 29625749
Mother: Jemina Jemison Mitchell 29625803

Thank you,
Jim

-------------------------
~*~

William Mitchell

Sent by: Sherri Carlson (#48398192)
Jan 26, 2016 9:11 AM

Birth Place: Canada; Westchester County, New York, USA

-------------------------
~*~


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