Christmas In July! The Christmas Pardon of John Clayter and the Paint Creek Miners

Cellblock ca 1914
Source: WV History on View

The concept of Christmas in July celebrations have seemingly fallen out of favor and replaced with Summerween. Don't get me wrong, I LOVE Halloween and celebrate it all year long. But, I'd also like to keep the Christmas in July tradition alive by sharing another tradition with you: The annual Christmas pardon at the WV State Penitentiary.

During a time when the life expectancy wasn't all that great, especially for inmates, and over-crowding at such facilities was a huge problem, it wasn't uncommon for the Governor of West Virginia to issue a pardon to either the oldest or longest serving inmate at the state penitentiary in Moundsville. 

In 1912, that honor was bestowed upon a man named John Clayter. Clayter had been at the penitentiary for 16 years, 11 months, and 8 days. On January 17, 1896, he had been sentenced in Fayette County for the murder of mine guard, J.W. Larkin several months before. 

John was 55 years old at the time of his release and was said to be in peak mental and physical health. It would seem that the last 16 years hadn't done much to weaken him in any way. And although he had no black marks on his records, the newspapers noted that the penitentiary staff were not convinced that he should receive that year's pardon. 

Striking Miners
Source: WV History on View

An additional seven pardons would be issued that year, all of which were inarguably deserved. In April of 1912, a major labor dispute, known as the Paint Creek/Cabin Creek Strike began. The strike, which would turn violent at times, led to numerous deaths and arrests as martial law was declared. In 1912, seven men who were arrested under martial law were pardoned that Christmas. Thirteen individuals involved were not. The photo above is a collection of mugshots from striking miners. This clash would set off a series of Mine Wars, leading to more infamous incidents such as the Battle of Blair Mountain. Check out this Wikipedia article for more information: (Paint Creek-Cabin Creek Strike 1912)

Those pardoned were: W.Y. Tucker, Robert Hartigan, James T. Akers, E.M. Osborne, L.A. Mays, Charles Williams, and Bud Clendenning. All had been given a sentence of 1-5 years for their involvement in the strike. And, because of WV Governor Glasscock, they'd be home for Christmas.

Merry Christmas in July, everyone! And if you're interested in MORE articles about the West Virginia State Penitentiary and its haunted history, check out my WV STATE PENITENTIARY PAGE. 

25 December 1912
The Wheeling Intelligencer

24 December 1912
The Wheeling Intelligencer

24 December 1912
The Fairmont West Virginian 

Solomon Efaw's Christmas Pardon

WV State Penitentiary ca 1922
Source: WV History on View

Merry Christmas from Theresa's Haunted History of the Tri-State!

Today it is known as one of the most haunted places in the country, but at one time, the West Virginia State Penitentiary in Moundsville was simply the home to some of the state's worst criminals. Overcrowding issues, combined with violence, sickness, and despair, led to the prison's haunted reputation, but every once in a while, there was a glimmer of hope. For example, every Christmas, it was customary for the governor of West Virginia to grant a Christmas pardon to the oldest and/or longest serving inmate at the prison. In 1909, that inmate was Solomon Efaw.

Solomon Efaw, who was around 60 years old at the time of his pardon, had been at the penitentiary for around 19 years. He was serving a life sentence for the 1891 murder of B.B. Bennett in Upshur County. 

On May 8, 1891, B.B. Bennett was staying at a relative's home in the Sand Run area, just north of Buckhannon. While asleep in a bedroom shared with two young cousins, around 11pm, someone threw oil-soaked rags through a window, right at the foot of Bennett's bed. The commotion awoke Bennett and the rest of the family, and the fire was put out, but not before burning a large hole in the floor. 

Bennett went to stoke the fire in the fireplace in order to bring in additional light to see the damage. As he looked toward the window, a shot was fired, hitting him in the chest and killing him almost instantly. 

Witnesses said they saw Solomon Efaw's face, and later identified the murder weapon, a Marlin rifle, as belonging to Efaw. No motive was given for the murder, other than the idea that Efaw and a man named Isaac Kesling had a beef with Bennett earlier. 

While in prison, Efaw became a model prisoner, and was well-liked by guards and fellow inmates alike. He played the fiddle and even learned to write. He used this new skill to write many letters, pleading his innocence over the years, and even applying several times for the yearly Christmas pardon. 

He was finally granted his pardon in 1909 by Governor Glasscock. Apparently, this conditional pardon was Governor Glasscock's first Christmas pardon, he having taken the oath of office earlier that year.  Warden Matthews delivered the news personally. Solomon Efaw ate one last Christmas dinner with the rest of the inmates, and then was released with a gift of $25, courtesy of the prison staff. 

Following his release, Solomon Efaw led a long life. He passed away from heart disease at the age of 86 on December 10, 1936. There are some who believed that Solomon, although probably implicated in the murder, was not the one who pulled the trigger. 

The Wheeling Daily Intelligencer
09 May 1891

The Wheeling Daily Intelligencer
08 June 1891

The Fairmont West Virginian
23 December 1909

The Point Pleasant Register
29 December 1909

1911 Christmas Pardon of Daniel Shawn

 

Main Entrance to WV State Penitentiary (1910)
Source: WV History on View

For those of us who celebrate Christmas, we all have our own traditions of the season that we carry out each year. It just doesn't feel like Christmas without my family's Christmas Eve pizza and subs night, or our annual viewing of Santa Claus Meets the Ice Cream Bunny. My tree wouldn't be complete without my favorite Krampus ornaments, or the tree skirt passed down from my grandma. And of course, the season can't get underway until I've heard David Bowie and Bing Crosby sing the Little Drummer Boy.

Once upon a time, the state of West Virginia had its own Christmas tradition. Each Christmas Eve, the governor would pardon the longest-serving prisoner at the (now haunted and historic) West Virginia State Penitentiary. On December 24, 1911, Governor Glasscock participated for the third time by offering a full pardon to a man named Daniel Shawn. 

Daniel Shawn was a 47-year-old illiterate farmer from Hampshire County when he was accused of murdering his brother-in-law, Absalom/Abraham Izor on June 23, 1893. He was found guilty that September, and sentenced to hang. However, due to some "improper and intemperate utterances" made by the prosecuting attorney, Shawn appealed, hoping to receive a new trial. 

A new trial never came, but Governor MacCorkle did commute his death penalty to life imprisonment at the West Virginia State Penitentiary in Moundsville. Shawn became a model prisoner and trustee, even working a job at the Klee's Sons Factory in town. In 1909, he wrote to the newly elected Governor Glasscock seeking a pardon, but was denied. But, luckily for Shawn, his Christmas wish would come true in 1911. After serving 18 years for murder, the now 65-year-old was going home. 

*If you enjoy learning about the HISTORY as well as the hauntings of the WV State Penitentiary, please check out my collection of articles HERE!* 

Happy Holidays, everyone!

The Raleigh Herald
30 November 1911

Uncle Wiley Returns Home: WV Penitentiary Christmas Pardon

The old West Virginia State Penitentiary in Moundsville is one of the most haunted locations in the state, if not the country. I love sharing ghost stories from this imposing and downright creepy building, but sometimes in order to really understand WHY a place is haunted, we have to look deeper at the people who left their mark there. The WV State Penitentiary is not a place where many good things happened. It was filled with death, violence, and the despair of men and women who had lost their freedom, often in exchange for the unspeakable horrors they committed against their fellow man. But, as you'll see from today's blog post, this was HOME to some. For some, it may have been the only real home they'd ever known. 

The following newspaper article comes from the 04 December 1914 edition of the Raleigh Herald. It discusses the life of that year's recipient to the annual Christmas pardon. 

The Christmas Pardon

"Uncle Wiley" Lewis to Return to Home and Friends

Tottering with age, gray and bent, Wiley Lewis, who is known as convict No. 3257 in the state penitentiary, and who was sent from Charleston in 1897 for slaying another negro in a drunken brawl will receive the annual Christmas pardon from the penal institution. It has long been the custom to pardon from the penitentiary the oldest convict in point of servitude at Christmas time every year, and the old Charleston darkey is the one selected this time.

So attached has Uncle Wiley become to many of the officials of the penitentiary and so accustomed to prison life, that he considers listlessly his approaching pardon and at times seems even fearful of leaving the grim old structure.

Lewis is probably the most picturesque convict ever confined in the institution. He was born a slave in Fayette County, which at that time was a portion of Virginia. As nearly as Wiley can remember, though he doesn't pretend that is memory on the subject is perfect, he was born some time in 1846. He does remember, though, that he was named by a man named Jim Montgomery at the time the war broke out. Wiley took no part in the war, but wandered about from place to place during the war and settled in Kanawha County on a farm and moved into Charleston where he became a laborer. 

Lewis was tried, found guilty of murder and sentenced to serve a life term in the state penitentiary on July 15, 1897. Two days later he entered the institution and has been there ever since. 

Every phase of prison life has been experienced by the old negro slave. He has worked in every department of the penitentiary, in every shop and done everything else but operate the telephone exchange. He has been a model prisoner during his entire confinement and is trusted by all who know him. Several years after his arrival at the penitentiary he was given the name "Uncle," and has been "Uncle" to the officials and the convicts alike ever since. 

Although Lewis knows that he is the oldest man in the institution in point of service and that he is to receive the Christmas pardon unless something unforeseen develops he does not seem at all enthusiastic. He admits he is glad, but does not show it in his actions. As the time draws closer, he seems to be melancholy rather than joyous at times, according to officials of the pen, as though he is fearful of leaving the old institution.  

When received at the penitentiary Lewis could neither read nor write, but has mastered both arts and executes both as well as the average of his race. Although gray and somewhat feeble, his health is good and he may live for many years in freedom.

His wife died about three years ago, but he has one daughter still living in Charleston, with whom he intends to make his home after his pardon. Two sisters, both younger than himself, are also still living in Kanawha County. 

*Last year, I blogged about the 1910 Christmas pardon of Joe Battle, a man who swears he was innocent, and unlike Lewis, was more than happy to get the heck out of the penitentiary!*

West Virginia State Penitentiary Prisoner Pardoned for Christmas

Governor William E. Glasscock

Although most of the blog posts you'll find on Theresa's Haunted History of the Tri-State directly relate to the paranormal, (most often ghost stories and hauntings) every once in awhile I like to shake things up with a little bit of history.  As the history covered in today's blog relates to the West Virginia State Penitentiary at Moundsville, it is indirectly related to the paranormal.  The West Virginia State Penitentiary at Moundsville no longer serves as an operational prison, but that doesn't mean that the souls of plenty of convicts aren't still trapped behind the steel bars and thick, rock walls. The prison is routinely given the distinction of one of the most haunted locations in the country, if not the world. 

Throughout the year, community events and historic tours are offered, as well as private and public ghost hunts and tours. It's one of my favorite places to investigate, and I love researching as much about the history of the location as I can in order to have a broader understanding of what prison life was like for the many inmates that called Moundsville home over the years. One aspect of prison life I wasn't expecting to learn about were 'Christmas Pardons.' Apparently, it used to be a thing for the governor to grant either the longest serving or the oldest prisoner at Moundsville a pardon at Christmas time. This article, transcribed below, is from the Pt. Pleasant Register, dated 9 November 1910 and discusses the pardon of Joe Battle, who served 18 years at the penitentiary. Unfortunately, the article goes on to discuss how it will NOT be a very Merry Christmas for another prisoner, who is scheduled to be executed at the same time. (Source: Chronicling America)

OLDEST CONVICT

In Penitentiary Will be Pardoned

Christmas by Governor

After serving eighteen years behind the gray walls of the Moundsville Penitentiary, for a crime he alleges he never committed, Joe Battle, the oldest convict in that institution, will be pardoned on Christmas Eve by governor Glasscock. Each Christmas a convict at the penitentiary is pardoned and this year the aged negro was fortunate in the lottery. 

With but one exception, Battle has served the longest term ever served by a convict behind the walls of the Moundsville prison. Vergie Gibson, who was pardoned a little over a year ago, also served a sentence of a similar length. The woman was convicted of aiding in burying her husband alive after rendering him unconscious.  Three negroes aided her, two of whom were executed on the gallows of the penitentiary.

The aged negro who has not seen his home for eighteen long years is expecting the pardon and has made all arrangements for his departure. The little money he saved since his confinement in the prison which he earned by working in the shops he has purchased Christmas presents for his wife and children.

While the approach of Christmas brings joy to Battle, there is another negro convict confined in 'murderers row' who looks on its approach with horror. This prisoner is John Wayne, convicted murderer who killed Mrs. John Aliff several months ago at Quinnmont, Fayette County. Wayne will pay the penalty for his crime on the gallows of the prison on December 23rd. Warden Matthews is already prepping for the execution. The scaffold will be repaired by the prison carpenter within a short time. The same rope that snapped out the life of Frank Waldon and John Brown will be used for Wayne. It cost the state several thousand dollars to prevent this negro from being lynched after his arrest. Both Huntington and Fayetteville were for awhile under martial law. 

Want MORE articles on the haunted West Virginia Penitentiary at Moundsville? Theresa's Haunted History has plenty of articles about the ghosts and history of this spooky institution, with more being planned for the near-future. 

The Ghost of Red Snyder at the WV State Penitentiary

The Ghost of RD Wall

The Shadow Man of the WV State Penitentiary 

Theresa Travels to the West Virginia State Penitentiary at Moundsville

Theresa Travels BACK to the West Virginia State Penitentiary at Moundsville

White Gate Cemetery: Burial Ground for the WV State Penitentiary

Mingo Man is WV State Penitentiary's First Prisoner of 1910

The Execution of Hugh Bragg