The murder of Mormon apostle Parley
P. Pratt, slain by the husband of a woman Pratt had taken as a plural wife, was
national news in 1857.
Hector McLean chased Pratt across
much of the country before catching him and killing the LDS leader in Arkansas.
The small Mormon media defended Pratt, pointing out that McLean was a drunk and
wife-beater long estranged from his wife. However, defenders of Pratt also, not
surprisingly, criticized the motives of murderer Hector McLean, who was never
legally punished. The strongest published condemnation of McLean came from the
wife who abandoned him for Pratt, Eleanor McComb Pratt. Her argument, shared by
others, was that to kill Pratt, or to spend a long time seeking Pratt and
finally murdering him, was the work of a brutal, godless man consumed by
thoughts of revenge, hate and killing.
There is a
certain irony to the Utah Mormons’ outrage over Pratt’s murder by the cuckold
McLean, though. Through the latter half of the 19th century in Utah,
cuckolds who murdered seducers of wives were routinely found not guilty of
murder, and in fact applauded by the Utah media. Historian Kenneth L. Cannon II
has written an interesting history “Mountain Common Law: The Extralegal
Punishment of Seducers in early Utah,” published in the fall 1983 issue of Utah
Historical Quarterly. Two early cases researched by Cannon are noteworthy. In
1851, Manti resident Madison Hambleton discovered his wife was having an affair
with Dr. John Vaughan. After learning of the affair, one Sunday Hambleton spent
hours at his Mormon church meetings, then sought out Dr. Vaughan, and then shot
and killed him. He immediately surrendered and was taken to Great Salt Lake
City. At the court of inquiry, Hambleton was represented by Mormon prophet
Brigham Young! Writes Cannon, “The supreme court of the territory heard the
case and acquitted Hambleton. Those in attendance enthusiastically voiced their
approval of the court decision.”
Defenders
of Hambleton may have argued that he killed Vaughan in a fit of passion upon
learning of the adultery. I have no idea if that is true but it was an argument
for adultery-related murders of that era. However, a more publicized case of a
cuckold murdering a seducer could not claim “heat of passion” as a defense.
Also in 1851, Mormon leader Howard Egan, returning to the Salt Lake Valley
after guiding gold miners to California, discovered his first of three wives,
Tamson, had been unfaithful with a man named James Monroe. Indeed, Tamson had
given birth to a child by Monroe. Monroe, aware that Egan would want to kill
him, fled the area. Egan pursued Monroe, and around the territorial border,
found him with a wagon train and killed him. As Cannon recounts, a church
investigation cleared Egan. At his civil trial, “Egan’s defense was handled by
W.W. Phelps, a prominent Mormon, and George A. Smith, a Mormon apostle.”
During
final arguments, Smith’s words are important, as Cannon writes, “they display
the sentiments of Mormon Utah society at the time.” Smith was blunt and to the
point. Criticizing English law, that applied only civil damages to adultery,
Smith said, “The principle, the only one, that beats and throbs through the
hearts of the entire inhabitants of this territory, is simply this: The man who
seduces his neighbor’s wife must die, and her nearest relative must kill him!”
It took the jury only 15 minutes to acquit Egan of a murder, that not unlike
McLean’s of Pratt, was clearly premeditated.
Later in
his article, Cannon posits that acquittals of cases where men killed seducers of
their wives and daughters may have been grounded in efforts to protect wives,
mothers and daughters from seducers in rural areas. Also, it’s likely many Utah
territory residents were dissatisfied with penalties for seductions, which
ranged from one to 20 years, plus fines, for a crime that was difficult to
prove. Cannon notes that there was no evidence that Egan’s wife, Tamson,
resisted Monroe’s sexual advances. Utah Mormons, Cannon adds, heavily
publicized the Egan murder case, perhaps as a warning for outsiders to stay
away from Mormon women?
Back to the
Pratt murder by McLean. Patrick Q. Mason, writing in the excellent book of
essays, “Parley P. Pratt and the Making of Mormonism,” 2011, The Arthur H.
Clark Company, notes the power of cultural context of “honor.” Honor “is a
communally constructed characteristic, as opposed to virtue or integrity.” As a
result, a father or husband lost his “honor” among the community if a wife or
daughter was seduced. Legal remedies might imprison or fine the seducer, but
they did nothing to restore honor to the father of cuckold.
To regain
honor, the offended man had to murder the seducer. That law doomed Pratt, no
matter his religious motivations or the evidence that McLean was a brutal,
drunken wife-beater. As the Hambleton and Egan cases show, Utah shared traits
of the honor’s cultural context.
Utah’s
commitment to “mountain common law” would last for decades, long after Pratt’s
similar murder in 1857. As mentioned, the media usually agreed with the harsh
punishment. After the seducer of a restaurant owner’s daughter was shot by
father William Hughes, the Deseret Evening News published this approbation,
writes Cannon: “… Public opinion in these mountains declares that a man who
seduces a woman ought to pay the penalty with his life; and her nearest kindred
should bring him to account.”
“Mountain
common law” as a legal remedy was first challenged by the anti-Mormon Salt Lake
Tribune, probably due more to antipathy to the church than a real commitment to
legal reform. However, as Utah, and the LDS Church leadership, sought better
relations with the “gentile” world, mountain common law, as in other parts of
the nation, started a slow, consistent fade legally.
By 1888,
the Utah Supreme Court reject the arguments of a cuckold convicted of killing
his wife’s seducer because the killer, Wilford H. Halliday, had waited 24 hours
before murdering the seducer. The “Egan rule” no longer applied.
doug1963@gmail.com
Posts are authored by Doug Gibson. Cartoon is by Cal Grondahl. This post and cartoon was originally published on the now-defunct StandardBlogs website from The Standard-Examiner website, which this post is credited to.
Interesting article, Doug. It should also be noted that divorces were very difficult for a woman to obtain in the 1800's. Men could divorce their wives for adultery, but women generally needed two reasons for obtaining a divorce (such as adultery, AND desertion or abuse, etc.) Since women, in many ways, were considered to be the "property" of their husbands, a man could simply refuse to permit his wife to divorce him thereby keeping her from any control over her situation. This is why there were a large number of common law marriages during this time period (because a divorce could not be obtained from the previous spouse but the woman entered into a common law relationship with a new "husband"). My family history has a number of these interesting sorts of circumstances (they were all non-LDS). Its so difficult, sometimes, to get an accurate perspective on historical events when the culture and customs are so different from our own times. One of my great, great, great grandmothers left her abusive husband. He tracked her down and murdered her. He got hanged for it. I guess it was more acceptable to murder a "seducer" than it was to murder a fleeing wife.
ReplyDeleteInteresting observations, thanks. McLean, by the way, wanted Eleanor in an insane asylum. Apparently that was a way for husbands to control their wives. Much of this is captured in the biography "Parley P Pratt: The Apostle Paul of Mormonism." Several years ago I dug into New Orleans records and I believe located the death notice of Hector McLean. He died close to 10 years after Pratt. Eleanor returned to Utah and was eventually reunited with one son.
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