PART V - THE LAST STAGECOACH
ROBBERY IN THE WEST
There have been some historians who persist in referring to the wagon
driven by Fred Searcy as a “mail wagon” and insist that it was not a
“stagecoach.” However, the post office did not own nor operate mail
wagons or stagecoaches, nor did they own their own teams. Like the
express companies, the U. S. Post Office realized that was not their
business and the post office department, through Congress, contracted
with local stage lines to carry the mails. The awarding of mail
contracts was a lucrative and political affair each year.
On the night of December 5, 1916 Fred Searcy was driving a wagon
through a snow storm bringing the mail from Rogerson, Idaho to Jarbidge,
Nevada. The record refers several times to the post master being
concerned over the mail being brought in, and added to the confusion by
referring to the vehicle as the “mail wagon.” There was no express
aboard because there were no payrolls sent by way of Wells, Fargo, since
the mines were closed for the winter. There were no passengers aboard
either, not surprising in blizzard conditions. However, remember that a
four wheeled vehicle pulled by horses was a stagecoach if it was a
public conveyance operated on a regular route and schedule and, even if
there was nothing aboard, it was still a stagecoach.
The murder trial of Ben Kuhl took on a special significance because it
was the first time the issue of “prints” was submitted in Nevada, though
there had been a few cases addressing fingerprints as evidence in other
juridsictions. But in Kuhl’s case the “print” was a bloody palm print, a
first for the nation. The defense admitted the reliability of
fingerprints, but would not concede that a palm print was reliable for
the purposes of identification. The judge, after arguments, noted that
three cases had been decided and appealed since fingerprints were first
admitted as evidence on February 11, 1911 in the Thomas Jennings murder
case in Illinois, which was affirmed by the Illinois Supreme Court on
December 21, 1911. The judge, after careful deliberation, allowed the
palm print to be admitted to evidence, as well as enlargements of the
print for display purposes. The prosecution argued that the print
positively identified Kuhl as one of the murderers. On Saturday, October
6th, the case went to the jury at 8:45 P.M. and after two hours of
deliberation Kuhl was found guilty of murder in the first degree
“without recommendation,” which meant he would have to suffer the death
penalty, and he had only to choose between hanging and shooting as the
means.
A stay in the execution was granted when the case was appealed to the
state’s Supreme Court, but on September 6th the decision was upheld.
Kuhl, in order to obtain a commutation, fabricated a story implicating
Searcy in the robbery, but in doing so had to admit that the palm print
was his, validating the evidence. His sentence was commuted to life in
prison and Kuhl remained behind bars until May 1945, when he was
released at the age of 61. The money he stole, except for the bag
containing $178 in silver coins, was never found.
Part 6