The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-05-06
Execution at Batavia, N. Y, Of Levi Mayhem
for the Murder Of Theodore Durham.
CONFESSION OF THE cULPRIT
THE PERnS OF ILLICIT LOVE.
STRANGE CHAPTER IN CRIME
INTERESTING SCENE AT TIE sCAFFOLD.
&c. &c. &c.


From Our Special Reporter.
BATAVIA, N Y, May a, 1885.
The execution Of Levi Mayhem for the murder of Theo
dore Durham at Indian Falls Genesee county in the
month of July last under circumstances of the most
voting nature, took place to-day at the county jail In
this town The affair created great sensation in this
and the adjoining counties and people 1oced to Batavia
from distance Of thirty and forty miles to be present at
the last &C, in this terrible tragedy
MURDER
OF which Mayhem convicted without doubt one
of the most codhearted and premeditated crimes that
was ever enacted in any Christian community. The fact
that the murdered mans own wife was party to the
tragedy, and urged Mayhem to the commission of the
deed in order that her criminal intercourse with the
latter might go undisurbed, lent interest to the
beyond anything of the kind witnessed in this
part Of the State. It appears that this intimacy
between Mrs. Durham and Mayhem existed prior
to her marriage, and was kept up until within
short time of the murder The plot for
the assassination of the victim formed on tho night
of the 4th of July last Mayhem promising Mrs Durham
that he would comply with her wish and perpetrate the
murder on the first favorable opportunity. Mrs. Dur
hams pan communicated to her paramonr, was as
folows-Mayhew to induce his victim to 60 swim
ming in Tonawanda creek and to watch his opportunity
and there drown him. If he could not succeed in drown
way" to her expression for she tired of living
with him any longer" On the 14th Of July the long
lookedfor opportunity occurred Mayhem and Durham
were bathing in the above mentioned creek Indian
Falls, when the assassin knocked his victim down with
stone and then deliberately beat his brains out with the
Same weapon After robbing the murdered man of
his boots and some other articles, Mayhem threw
the body into the creek, then dressed himself and
coolly walked oas though nothing had happened That
night he had an interview with Mrs Durham, in which
he related to her all the particulars of the occurrence
when she expressed herself satisfied and in the most
heartless manner remarked that she reoced to learn
that he had gone where he could abuse
trouble her any
TIE ARREST
The arrest Of the murderer effected the following
day. Suspicion was at once directed towards him on
account Of his having been in company with the
deceased in the immediate neighborhood of the spot
where the body of the murdered found. The
officers found him at the house of Mrs. Durham's
father, where he had engaged to work
to be near the object Of his guilty affection.
Upon the person of the prisoner was found
likeness of Mrs Durham and pair of boots which be-
longed to the murdered man. In the possession Of the
prisoner also found batch Of letters, eighteen in
number, written by Mrs Durham, which showed that
she terms Of criminal intimacy with Mayhem,
both before and after marriage and that arrangement
foot between the guilty couple leave the
try and 60 West In Of these letters Mrs. Durham
speaks Of child she has by Mayhem, and cntrcats
him. for the sake of the little one to ny with her TO
country where they could live at peace without being
exposed TO the interference Of her husband.
REcAPTURR.
In the month OF October las, Mayhem and two
fellow prisoners, watching their opportunity when
the jailcr was temporarily absent wrenched
bar from Of the inner doors Of the prison and made
their arrangements to Escape Their plan was TO knock
the ailer down when he In TO give them their sup
per, and then make bolt for through this iron door
way that they had previously tempered with The trick
aged to make good their escape Mayhem one of
the lucky ones and aided by the darkness Of the night
no found difficulty pursuing his way unmolested
Il is not purpose TO follow the criminal in all his
travels suffice it TO that he fed to Canada and
manned there month or 50, and then came back
ing that the fugitive was working under an
assumed name on farm near Brockport, proceeded
thithcr in search Of him. and managed 10 effect his
rest at moment when Mahew thought there
officer within ten miles Of the place. The fugitive
wrists before he fully realized lis position. He
Quoted in safety to his old quarters Batavia where
remained incaTceated up to the time OF the execution
THE TRIAL
The trial. which took place the Court Of Oyer and
Termner in March last, attracted general attention.
The evidence against the prisoner purely circum-
stantia is true; but the minds OF the jury it was
conclusive, judging from their verdict, which
deed Just twelve minutes after they had retired for de-
Liberation. Judge Grover sentenced the prisoner to
death. and then it was for the first time, that Mayhem
showed any signs Of emotion. Throughout the trial
no manifested complete indifference TO all that
passing around him; but when the Court pronounced
the awful sentence that he be executed the 4h Of
May, he was completely unnamed and wept like
child Now that the trial was over and that his doom
was hxed Mayhem lost all courage, and thinking II
esson Of his quit implca,n9 Mrs Durham in tbn or
der and saying that If had been for her repeated
promptings the affair would never have happened.
THE CONFESSION
was made by the condemned on the LIST Of last month
He stated that the night of the 4,h Of July last while
at Mrs Durhams fathers house. Mrs Durham told him
that she sick and tired of her husband and she
wanted Mayhem TO assist her In putting him out OF
relate how and in what Mrs Durham wanted
the murder 10 be committed ~ was TO got Durham TO
go in swimming at Indian Falls he pursued, and he
or XIII him way-she did not care get him
out OF the way she was thoroughly tired Of him
him the first opportunity had The following Monday,
the 10th Of July when went over 70 her fathers she
asked me was going to DO As agreed; told her
out Of tho way then left Mrs Durham with the fun
intention OF finding Durham to XIII him"
Mayhem then goes that after searching for his
victim several days he found him tho farm Of Mr.
John Vincent, Of Alabama, where no was engaged IN
gagged to cut some wheat with Durham. ~ slept In the
Sod with so IN the nett
plans for taxing his life and was determined TO do IL;
but when goa At work tina. Day my hear. began to h
me- anu tuo morc tnOuBnt oi u anu iOOkeu upon my
victim, and saw the man working with and believing me
to be his fcnd-who had Intentionally wronged
mo, or even laid a straw In my way-I changed nv
mind, and determined TO bansh from my bosom
the terrible and wicked intent that dwelled
there The more thought OF II the moro was de.
terminsd carry out my last resolve but alas that in.
human 1end In the shape Of woman kept urging me
in the dark and canning deed that bad been planned,
and her last and fatal words, win you keep your
promissr kept ringing in my ears. Still was finally
resolved 70 strike the fatal blow Thus were my
feelings during the last three days occupied In
cutting wheat We got through on Friday the isth Of
July and after supper Mr. Vincent paid US OF - May.
hew then goes say that Durham and he started for
home and that the way he became possessed Of Mrs
Durham's picture and letter In the following way
'The picture taken for IN 1863 and had always
been In my possession until July g. 1s65, when Mrs
on ehe table and carried IL on. The next
day her and wanted II back again. but she refused
to give II up. eaw OF II until that fatal Friday
uhnn We wern Walking along Tho rad rked