The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-02

The CuIprit's Head Jerked
from His Body.
Crime and Punishment Of
Marshall Martin.

Marshall Martin, the murderer Of Valentine
Fischer, was hanged yesterday, or rather decapi-
tated. as the event proved, at Martinez. Contra
Costa county. The execution, by its unwonted
horror, Is destined 10 terrible nOtOriety. In
stances there are In plenty OF the hangman'srope
breaking with its swinging load, but We cannot re-
cali more than single instance in which, by the
force OF the fall, the head jerked OF the body.
ana lileless trunk, through which the blood was
stu pasating In warm currents and spouting forth
IN crimson torrent at the neck fell 10 the earth
with heavy thud. The effect Of this execution
was stckening in the extreme
THE MURDER.
In November, 1872, a German by the name OF
Valentine Fischer and his wife Elizabeth lived on
Marsh Creek. in Contra Costa county, about eight
miles southeast of Antioch and near what is called
the Cnamisat. He owned 100 acres oil land and
was comfortably situated. He had in his employ
ment q man named Marshall Martin. commonly
called 'Pike," who was simply working for his
board until the poughing season should COM
mence. II appears that during the stay OF Martin
Mrs. Fischer conceived the idea Of numbering her
husband. She finally preached the subject to
Martini and requested him to assist her in carrying
out her murderOus design. The only evidence we
have of what occurred between them In forming
their plans Is that given by Martin on MS triai'
According to his statement she commenced talk
ing to him as to killing her husband ABOUT the lse
OF October, and various ways of accomplishing that
END were talked over between them. Martin de-
CIared that at each interview he tried 10 assua1e
her from the idea; but in almost every instance lie
finally consented TO DO as sne wished MN 10 40.
Al one time he went TO Antioch and bought
bottle OF poisOn-elther arsenic or strycnnine, ne
was not able TO ten ,n no se ~ M
she got supper ready the gentle Lucretia Borgla
showed the dish to Martin ana soa nun ne must
not eat OF 1t. 1t so happened that Elscher was not
in the mood for eating pumpkin that night and
Martin persuaded her to throw it down tue prlvy
vault. A lew days after this she mixed up announcer
lot Of pumpkin. and martin claims that ne again
persuaded her to throw 1t away. She then sug-
Kested that Martin should accompany Fischer
to Antioch, and in coming home he was to knock
him on the head, throw MIN or and run the wagon
wheel over his head, and then when he brought
the body home they could say It was an accident.
Martin says his heart failed him when the time
came, and 30 Fischer was permitted to live ht
1t appears that Martin had small pistol, which
he had purchased from man who got 1t IN Val.
In Vallejo. The Borgla, becoming tired Of trying
to poison her husband, suggested that Martin
shoot him with his 'iittle pistol" Martin tried 70
get some cartridges in Antioch, but could not una
any tnat would lit the pistol. When he told her SO
she gave him some money to 60 TO Vallejo ana GET
planned that Martin should accompany her hus-
band to Antioch on the 10th OF November tine DAY
load Of hour on that day, and on the way home
Martin was to shoot him. She placed an old ban-
ket In the wagon, 30 that he could wrap the BODY
in 1t.
Alter killing him he was to bring the body home.
and after dark they were to take II TO an ola well
1t and burn IL up This little plan also laled, Tor
the reason that on their way home with the flour
neighb0r asked Fischer for ride. ana the man
rode to within snort distance Of the ranch.
When they got home Martin says that she Was very
angry with him Tor his failure, and told him That
he dad not love her or he would do rs she wished
They arrived home about four O'Clock in the after
noon, and after unloading the -four and putting
the horses in the stable Martin went about dOnQ
the chores, and hischier got piece OF scanthng,
an axe, saw and iack,pane and went to the
tongue to plane the stick upon. While
Martin was watering S COW that ca nsd TO
and commenced talking to her husband. They
had some angry words together, and Martin says
nay. "Woman. take your clothes ana go back to
the house you came from" He says that she then
picked up the axe, which was behind her husband,
the back OF the head, knocking him across the
wagon tongue, so that the body doubled over 1t.
The gentle Lncreta then straddled the tongue
and struck him twice in the forehead with the
axe. and each one OF the three blows crushed the
skull In.
She then called to Martin to come and help her
to put the body away. They dragged 1t to the sta
BILE and paced 1t behind tne horses, so as to give
it the appearance oil having been kicked to death
by the horses. They even made a wound over
each eye, which resembed the heel corks OF q
horseshoe but the wound on the back OF tue mead
was OF an entirely different character, ana tue
horse nearest the body was without shoes. Mrs.
Fischer then told Martin to take ms horse ana go
to the Good 1empar's Lodge, at Eden PLAIN school,
house-he being q member OF the Order-and when
he came back she would tell him what to DO.
While Martin was getting his horse ready TO go
she went into the stable with the axe ana struck
the victim two more blows. Martin says he could
out she SAID that she had cand him sitting up, but
that she had "1xed him now" Martin started to
the lodge, and when he had got about Quarter OF
1antern-he supposed TO give the victim another
blow or two. When ne came pack RON the rouge
she told hm to go Ior the neignbors ana Say say 70
tMartin) had lett, and that was the last she had
seen OF MN until Martin came home and found
him dead IN tne stable. Martin Ola as she directed,
ana fought with HIM several neighp0rs When
they saw the pouy l., me stable some OF them had
O suspicion that the man had mui uv. co. ~
the horses seemed to be very much irignVo.~e "''u
restless, and upon examination they lonnd thar
the horses were tied 80 short That the morse
nearest to the body could not even reach 1t With
his heels
As soon as 1t was daylight they commenced H.
vestigattng the matter One thing that materially
aided them ana which led to the solution oil the
mystery, Was the fact that the woollen SHIRT the
victim wore was covered with hoarhound burrs,
as though 1t mad been dragged through weeds OF
that kind. There were also q great many weeds
OF that KIND growing in the stable yard Tue
search then commenced to find the spot where the
murder mad been committed. Martin Was very
jealous in aiding them, and pointed out several
place, some distance on from the wagon, which he
SAID looked like blood but upon examination 1t
proved to be something else. Finally they came
10 the wagon, ana there the sandy soil looked as
upon 1t.
and soon came upon moist sand which they placed
in basin OF water, and soon greasy scum rose
to the surface. They dug down uttle further and
tried it again, and the water showed a bloody
color. They tried the sand several times and the
result was the same a.,
As they went to the house they saw the woman
watching them closely from the back door, and as
tbev nassed her one OF them heard Martin say to
the woman. eve are found outl" In searching
the house they found Ratchet IN a tuo OF soned
Nj tl,n
marks OF blood upon them, and showed PLAINLY
that they had been washed very carcluliy ~
transpired on the trial that the woman had
washed them with not I've. ,,
Martin and Mrs. Eiscn!er were placed under ar
rest and taken to Antioch, where they Dotn maue
confession, accusing each other ana excusihg
themselves OF the horrible crime. en-.
Marshall Martin is supposed to be naive OF zen.
nessee, and between lorty-h ana nity years VI
age. lie cannot tell where or when ne was porn'
lie is small IN stature and is very rcpusive look
ing, seemingly showing very little Intellect. ne
was tried in April last, In the Flfteentn DstIlCe
Court before 5. H. Dwlnele. and was very ANY
defended by Horace Allen, OF Martinez, and prose-