The Kelsay Porter Case, Union County, Oregon
It was while the county seat was located
at Union that Union County had its first and only legal execution of
a condemned man. On Friday, 19 November 1897 at Union. Sheriff J. F.
Phy officiated at the hanging of Kelsay Porter. The crime for which
Porter was hanged was committed
on 1 January 18966 in Pine Valley a recital southeast of
Union and now a part of Baker County. For some time Porter a young
homesteader had trouble with Ben
Maches Sr. his wife and Ben Mache Jr. This family
had
made a practice of taking down
Porter's fences and letting his stock run loose, and no
amount of remonstrance on his
part could
make them
desist from this practice.
The Maches family endeavored to
terrorize Porter at every
opportunity being
generally an ugly-natured crew,
and threatened
his
life many limes. Finally
goaded into desperation
Porter threatened retaliation if
his gates were left open
again
and when
on the fatal New Year's
day the Mathes family again repeated
the offense
and taunted him about it.
He murdered the three of them as
they sat in a sleigh in front of
his home. However, it was proved
at the trial
that the
younger Mathes had fired
three shots at Porter before Porter opened fare on the trio.
Porter was very well liked by all
who knew him, much in
contrast to the repute in which
the Mathes family were
held, and from contemporary accounts the inference is
that Porter
had done a much needed service
for the community
rather than murder. A
purse was
raised in Pine Valley among his friends for his defense. However, he
was convicted of first degree
murder and sentenced to hang
on 10 April, 1896. A stay of
execution was obtained for an appeal
to the
Supreme
Court,
but this
body refused
to set aside the decision of
the lower court. Likewise futile was an appeal to the
governor in the form of a petition signed by most
of the residents
of Pine Valley.
To one reviewing the case today it would seem almost impossible
that Porter could have could
have found guilty the circumstances being as they were.
Certainly if injustice was ever done to any man on trial for his
life it was in the ease of Kelsay Porter.