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FOR MORE ON THIS MURDER,
CHECK OUT THE BOOK "OVER A CENTURY OF
MURDER IN IDAHO COUNTY"
Compiled by The Idaho County Historical
Society and
The Bicentennial Historical Museum
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IDAHO
DAILY STATESMAN – BOISE, IDAHO
DECEMBER
7, 1900
JOE
SMITH KILLED BY A GILBERT IN NORTH IDAHO
Grangeville,
Dec. 6 – Joe Smith was killed Tuesday night at the Dewey mine by Andy
Gilbert accused Smith of stealing.
Smith was cut in the abdomen and after receiving the injury, he
shot Gilbert through the mouth. Gilbert
escaped and fled to Harpster where he was captured.
Smith died Wednesday at 2 a.m.
A preliminary examination was held this morning at 10 o’clock
before Probate Judge Vincent. There
has been talk of lynch law, but the sheriff has taken measures to insure
the safety of the prisoner.
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IDAHO
DAILY STATESMAN – BOISE, IDAHO
DECEMBER
15, 1900
Grangeville
– Andy Gilbert, who killed Joe Smith, has been held with bail to the
district court to answer the charge of murder in the first degree.
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IDAHO
DAILY STATESMAN – BOISE, IDAHO
MAY
2, 1901
FOUND
GUILTY
Idaho
County Man Convicted of Murder in the Second Degree
A
Mount Idaho dispatch to the Spokane Review says:
Andy
Gilbert, charged with killing Joseph Smith on the south fork of the
Clearwater, near the Dewey Mine, last winter, was found guilty of murder
in the second degree by a jury in the district court today.
The killing of Smith was a result of a desperate duel, in which
Smith used a gun and Gilbert a knife.
The men had fought from a tent on the bank of the river to the
middle of the stream before persons arrived on the scene and separated
them. Smith died a few
moments later from the wounds. Gilbert
was shot in the jaw.
Mrs.
Smith, widow of the murdered man, was an eye witness of the affray.
Both Smith and Gilbert were well known residents of Idaho County,
and were employed in the Dewey mine.
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IDAHO
DAILY STATESMAN – BOISE, IDAHO
MAY
17, 1902
IN
SUPREME COURT
Judgment
of Lower Court, in Case of Andrew Gilbert, Sent to Penitentiary for
Life, was Affirmed – Twenty Opinions to be Prepared
State
of Idaho, respondent, vs. Andrew Gilbert, appellant. This case having been heard here-to-fore and taken under
advisement by the court, was called again and the decision of the
questions involved was made and the opinion was delivered by Chief
Justice Quaries, and sustained the judgment of the lower court. The case was filed in the Supreme Court October 9, 1901, being
an appeal from Idaho county district court.
The papers in the case show that Andrew Gilbert was charged with
murder, and there being no grand jury he was tried on information filed
by the county attorney. Gilbert
was found guilty of the murder of Joseph Smith, the crime having been
committed at Camp Dewey December 4, 1900, in Idaho County.
He was sentenced to imprisonment for life in the penitentiary.
Thirty-six
errors were assigned, all of which were reviewed by the court.
One was the summonsing of a jury on Sunday.
The court held that this was a ministerial and not a judicial act
and was not prohibited by statute.
The opinion sustains the judgment of the court below at every
point. |
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IDAHO
DAILY STATESMAN – BOISE, IDAHO
MAY
18, 1907
LIFE
TERMER MISSING FROM PRISON
Andrew
Gilbert, a “Trusty”, Has Not Been Seen Since 9 o’clock Last Night
ABSENCE
REPORTED BY DAVE CRAWFORD
Missing
Man Worked With Crawford on Night Shift at Power House – Acting
Queerly of Late and May Have Wandered Away – Indications That He Was
Induced to Leave
Andrew
Gilbert, a Swede, trusty and life termer at the state penitentiary, has
been missing from that institution since about 9 o’clock last night
and what efforts were made last night to get trace of him failed.
Warden
Whitney thinks it possible that his mind is unbalanced, his actions of
late tending to show weakening of his mental faculties. But if this proves to be not true, the warden says he will be
convinced that influence has been brought to bear on Gilbert by
prisoners and outsiders causing him to leave.
The
absence of Gilbert was reported to the penitentiary office at 10
o’clock by Dave Harwood, also a prisoner, with whom Gilbert worked at
the power house on the night shift.
Harwood and Gilbert have been coming in from the power house to
supper at 10 o’clock each evening.
Harwood could not find Gilbert when he left for supper last
evening and reported at the office that he had not seen him since 9
o’clock.
Warden
Whitney at once sent several guards on an inspection of the grounds and
outbuildings in search of the missing man, but at 12 o’clock no trace
of him had been found. The
warden puts most credence in the belief that Gilbert’s mind is
unbalanced and he will probably send out men today to thoroughly scour
the hills in the hope of finding him.
Gilbert
was sentenced from Idaho county June 6, 1901, for murder in the second
degree. For some time he
had been a trusty and Warden Whitney stated last night that the missing
man often took walks of four or five miles into the hills, but always
returned soon. He had
thousands of opportunities to escape, the warden stated, but he was
fully trusted and such a thing as his leaving surprises Warden Whitney.
The warden cannot believe that Gilbert left of his own free will
or was influenced to go, holding to the belief that his mind was given
way and that he is now wandering around somewhere in the hills.
There
are some indications that he has had assistance, said the warden last
night, and simply hiked. We
have been checking up pretty closely around here of late and have found
evidences that indicate Gilbert may have been advised by prisoners and
outsiders to make his get-away. I
think I know from what source such advice, if any, came, but I do not
care to state the source at this time.
I
am more convinced, however, that Gilbert’s mind has become unbalanced
and has caused him to wander away from the grounds.
He had been acting queerly of late – sleeping and eating little
and his talk indicating that he was off.
Gilbert
has been doing the first night shift in running the engines at the power
house and attending to other duties.
He worked until 12 o’clock, during which time Harwood was
sleeping, and would then go to his bunk for the remainder of the night.
Gilbert
yesterday received a letter from Idaho County written by a friend in
which it was stated that several friends, of whom he had many strong
ones in Idaho County, would come to Boise soon to see what they could do
to secure his release. The
letter contained nothing to cause Gilbert to leave, it was stated by
Warden Whitney. The warden
further said that Gilbert had a good chance with his excellent behavior
since his term began, to get his sentence commuted.
Gilbert knew this, the warden stated, which makes him more
convinced that he did not leave voluntarily.
The
missing man is 50 years of age. He
is 5 feet 9 inches in height, of light complexion, light hair and blue
eyes. He talks in broken
Swedish and has a peculiar walk. He
sort of stumbles along. His
legs are slightly bowed and he shows his age.
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NEW
YORK TIMES – NEW YORK
MAY
19, 1907
ESCAPES
FROM BOISE JAIL
Life
Term Murderer Trusty is Fifty Years of Age
Boise,
Idaho, May 18
Andrew
Gilbert escaped from the State Penitentiary last night.
He was serving a term for life for murder in the first degree,
having been sent up from Idaho County, June 6, 1901.
Gilbert was a trusty and one of the men who had charge of the
prison power house. He is
50 years of age.
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IDAHO
DAILY STATESMAN – BOISE, IDAHO
MAY
19, 1907
NO
TRACE YET OF MISSING TRUSTY
Searching
Parties Fail to Locate Andrew Gilbert, Who Left Penitentiary Friday
Andrew
Gilbert, the Swede Trusty who was missed from the penitentiary Friday
night, is still at liberty and the officials at the penitentiary have
not yet found any clue to his where-abouts.
A report was made to them that a man answering the description of
the escaped convict was seen Friday evening about 7 o’clock near the
river on Eleventh street, but Warden Whitney says that the person seen
could not have been the man as Gilbert did not make his escape until
bout 8:45 o’clock.
Men
scoured the hills back of the penitentiary as it was thought very likely
Gilbert had lost his mind and might be wandering around in the hills.
He had been acting very queer for quite a while before his
get-away.
Warden
Whitney says he is now firmly convinced that Gilbert was given
assistance form both outside and inside the penitentiary.
The search will be kept up and
it is expected the fugitive will be found before many days have passed,
if he has not thrown himself into the river as he suggested to a guard
recently.
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IDAHO
DAILY STATESMAN – BOISE, IDAHO
June
28, 1907
ESCAPED
CONVICT GILBERT’S FLIGHT FROM PENITENTIARY
Wraps
His Feet in Rags to Throw Bloodhounds from His Trail – Friends Give
Him Assistance in Evading Officers – Jurymen Who Convicted Him
Apprehensive of Their Lives
Although
a guard from the penitentiary has visited that part of the state to
which Andrew Gilbert, the trusty and life termer is supposed to have
fled after his escape from the penitentiary several weeks ago and has
been assisted I his search for him by deputies and others.
Gilbert has not been apprehended and it is thought he is now in
the hills at the head of the Clearwater River.
The following interesting story printed in the Idaho County Free
Press tells of the flight of Gilbert, who it is feared has returned to
his old haunts seeking the lives of the jurymen who convicted him of
murder, and of Gilbert having been assisted in evading the officers:
Andrew
Gilbert, the murderer sent up from this county for life, and who escaped
from the state prison at Boise a month ago, has been tracked to his old
haunts in the Clearwater country, where he has completely dropped out of
sight. Since hi escape from
the prison it has been learned from fellow prisoners that Gilbert’s
intentions were if he ever escaped to come to Grangeville and vicinity
and inaugurate a carnival of murder by taking the lives of many of the
men who gave evidence or served on the jury which found him guilty.
D.P.
Rich, captain of the guards of the penitentiary, and C.S. Stone, who had
been deputized by Rich, arrived in this city Saturday night and left
Sunday in search of the convict. According
to the prison authorities they have been conducting a diligent search
for Gilbert ever since his escape, using blood hounds to track him but
on account of the prisoner having wrapped his feet with old rags the
dogs were unable to trail him.
Trailed
From Squaw Creek
When
news was received of his having been near Squaw creek, Rich started to
trail him and followed him through the mountains to the Little Salmon.
It seems Gilbert came down the breaks of the Little Salmon to
Race Creek where he crossed and went into the country known as the
“Traps,” climbed out and came on down the Salmon to a point opposite
Lucille, where he dropped into the rough country known as the “Hole in
the Ground,” crawling out onto the point and made his way to Reed’s
ranch, arriving there on the night of May 30.
He stayed all night with Reed who little knew he was keeping an
escaped convict. Before
leaving the ranch on the following morning he told Reed he was Andy
Gilbert, the man who was doing time for killing Smith and when Reed
expressed grave doubts regarding his statements he unbuttoned his shirt
and exposed the scar on his neck which he has always claimed was the
result of a bullet fired by Smith.
Claimed
He Was Pardoned
To
Reed he stated he had been pardoned from the prison and was going to
cross the river at the Widow Rubies and enter the Clearwater country. He undoubtedly made this statement to throw anyone off his
trail who might be in pursuit, as he went down the Salmon between the
divide of the Salmon and Snake until in the vicinity of White Bird. ON the evening of the thirty-first he took supper at the Otto
ranch and stated to them he was a prospector.
He had with his a small prospector’s pick and a gunny sack
containing just what is not known.
Before leaving here he inquired about certain people on the
Doumecq. Came up to Rice Creek and following it to its mouth, then
worked his way down the Salmon to Lancaster’s arriving here perhaps
June 1st. Her it
seem he received food and shelter and information from the outside
world.
Found
Friend in Lancaster
Due
to certain information which the men in pursuit had it was figured out
by the guard and Stone that hew as or had been at Lancaster’s.
It seems along about June 1 Lancaster and his wife went to
Cottonwood and had secured a young fellow by the name of Peters to do
the chores while they were away. Peters
went to the place Saturday evening, June 1 and found a man sleeping in
the brush. The dogs barked
and aroused the stranger who stated to the young man that he was
awaiting the arrival of Lancaster and that Peters need not return the
next morning to do the work as he might just as well look after things. Peters went over the following morning and found Gilbert
sleeping in the barn. It is
only just to state that Peters did not know Gilbert, and had no idea he
was other than an ordinary citizen of the law-abiding sort.
Gilbert remained at the Lancaster home just about ten days and
here received news of the reward offered for his capture and food and
shelter. Lancaster knew
full well what he was doing and that sheltering a criminal was contrary
to law and a grave crime must have been knowledge of his.
The law is very severe in cases of this kind and there is no
doubt but that it will be enforced to the letter in this instance.
Strategy
of Pursuers
The
way the pursuers worked the story and admission out of Lancaster cannot
but help provoking admiration for the average reader.
The guard secreted himself in the undergrowth near the Lancaster
home, as he is known by Lancaster, and Stone visited the ranch under the
pretense of buying cattle. He
took dinner with the family and during the meal casually remarked that
he had noticed the state was offering a reward of $50 for the capture of
Andy Gilbert. The effect
this had on the man of the house was noticeable and with other
information elicited in various ways, Stone was sure Gilbert had been or
was on the place. IN the
afternoon he rode out with Lancaster to look at the cattle and when well
away from the house, reined up his horse and said to Lancaster:
“I want you to take me to Andy Gilbert; I want you to produce
him.” Lancaster replied:
“why, Stoney, what do you mean?”
Stone mad it plain to Lancaster that he was sure Gilbert had been
there and if he didn’t tell all he knew they would take him along.
With these remarks Lancaster admitted that he had been there only
for a few days. Said he had
taken him across the river on the evening of June 10 and made a few
minor admissions.
Almost
Lose Lives
The
guard and Stone were taken across by Lancaster and almost lost their
lives, the boat being carried down the stream in the riffle for a mile
and finally they effected a landing at a point a day’s journey from
the trail. He was
followed up the Bowman trail to northwest of Tolo where he took the
section road and came out the section road headed east for the
Clearwater country.
Unsuccessful
in Clearwater
A
posse has been searching the Clearwater country for the past several
days but up to the present time without any success.
News comes from over that way that a general exodus of the people
of the Clearwater country is at hand since the news indicating his
presence over there. The
search will not be given up and every effort will be made to capture the
blood-thirsty brute who has, on more than one occasion expressed his
intention to kill as many of the good citizens who were instrumental in
his conviction as possible. His life is of no consequence and he undoubtedly counts on
revenge at all hazards. The
law is very plain and mighty severe upon those who harbor criminals and
carries with it a term in the state’s prison; it might be well for any
who are kindly disposed toward the escaped man to tarry long before they
take him under the roof or assist him in any manner.
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