Granny Gastineau knows that I love digging around in genealogy and history. A couple of years ago, she asked if I had ever read anything about the "Gastineau murder." I told her that I didn't and she told me a few of the details that she knew. This stirred a vague memory of reviewing a death certificate for a Gastineau man who died of a gunshot wound. After talking to Granny, I decided to see what I could find about the murder. The story that revealed itself far darker than I ever could have imagined. Please be warned that what follows includes descriptions of suicide and murder scenes.
James Caldwell Gastineau was born in Pulaski County, Kentucky in June of 1847. He was the son of James Albert Gastineau and Susannah McBee Barron. James and Susanna came from families that arrived in the colonies well before the Revolutionary War. Their roots traced to Scotland, Ireland, England, and France. Both James' and Susannah’s grandfathers fought in the Revolutionary War and Susannah’s father, John Barron, served in the War of 1812. It is likely that both families settled in Pulaski County due to land grants received for war service.
James and Susannah are my great-great-great-grandparents. Over a span of 23 years, they welcomed 11 children into the world. Their fourth child, James Harvey Gastineau, was my great-grandfather. This story, however, focuses on the family of their fifth child, John Caldwell Gastineau (1847-1942).
John Caldwell is referred to in many documents as J.C. so that’s what I’m going to call him. Besides, I love a good nickname. J.C. was born in Pulaski County in an area known as “Glades.” Based on what I’ve seen on census records it was like a Gastineau incubator. The families were big, most remained close to home, and they were as fertile as the ground they farmed. There were lots of Gastineau’s.
J.C. married Artimacy (Artie) Lee in Pulaski County on March 18, 1869. The marriage was solemnized at the home of Artimacy’s father, Richard Lee. The name of one of the witnesses was W Mc Gastineau who was J.C.’s big brother, William McCready Gastineau. As a side note, William McCready signed most documents as William Mc Gastineau which sounds like a Scottish/French fusion fast-food chain.
In the 1880 census, J.C. and Artie are living in Clover Bottom in Woodford County, Kentucky. I haven’t found any records to indicate why or when they made the trek northward to Woodford County. J.C. and Artie are both 32 years old and they have two sons; James (10) and William (4). J.C. is a wagoner which is the 1880 equivalent of owning your own big rig. He would have moved product around the area while working on a per-load rate. In 1886, John and Artie’s third son, John Milton, was born.
Sometime between 1880 and 1888 J.C. and Artie move into Garrard County. We know that from two instances that were documented in local newspapers. The first is from the September 14, 1888 edition of the
Interior Journal which describes, in disturbing detail, the attempted suicide of John Gastineau's wife. Even in suicide attempts, a woman could not have her own name, but I digress.
The
Jessamine Journal article specifies that the suicide attempt was made by Mrs. J.C. Gastineau so I feel sure that this was our Artie.
A newspaper clipping from The Central Record on November 11, 1898 says that J.C. Gastineau of Hiatsville [Hyattsville] was bitten by a spider and was in agonizing pain.
J.C., Virgil, and So Many Fires
William Virgil (Virgil from this point forward) Gastineau marries Josephine Johnson (Phine or Phinea) in 1899 when he is 19 years old. Phinea is only 16 years old and the newspaper article announcing their marriage notes that she's an heiress after receiving $100,000 in life insurance after her father's 1896 death.
In the 1900 census, J.C. and Artie are in Garrard County and James and John continue to live with them. James is 30 and John is 13. In that same census, Virgil and Phinea are living in their own house on their own land next door to his father, J.C. Between 1901 and 1907, Virgil and Phinea have four children Willie Macie (1901), Claud (1903), Virgil, Jr. (1905) and Oliver (1907).
In early 1901, tragedy strikes when James dies from measles at the age of 30. Apparently, there had been a large outbreak in the Hyattsville area of the county.
On September 18, 1902, the Central Record reports that, “Virgil Gastineau’s residence was burned
Saturday night while he and his wife was at church.” That’s some tough luck for Virgil and his young family.
In 1909, Virgil sells his 73 acre farm and, perhaps, his entire inventory of livestock and it looks like Virgil is getting out of the livestock business. In the 1910 census, Virgil and Phinea are in Paint Lick and the document shows that he owns his own farm and house. On a related (literally) note, his house is very near C.B. and Addie Ledford who are my great-grandparents.
In the 1910 census, J.C. and Artie seem to have moved but are still living in Garrard County. J.C. and Artie own their home and farm. Some Gastineau cousins (and my great-granduncle) Robert and Lena Gastineau are living nearby with their daughter Ruby. Virgil is in the Paint Lick section of Garrard County with his wife and their four children. Virgil and Phinea also own their own house and farm so it seems like the Gastineau’s are doing well for themselves.
In 1911, stuff starts getting weird, I mean really weird. On January 26, 1911, Virgil’s tobacco barn burns and, with it, 14,000 pounds of tobacco awaiting delivery to market. The first accounts point to arson. The Lexington Herald's account notes that there was $2,500 insurance on the crop and that authorities were looking for the folks who set the barn on fire.
Perhaps a disinformation campaign ensued because the February 3, 1911 edition of the Central Record makes it clear that
Night Riders did not set fire to the barn and it might have been, instead, accidentally set by "tramps" wandering from the nearby railroad tracks.
On April 20, 1912, J.C. holds a huge public sale at his farm which is located on Hurt Lane. The advertisement in the Central Record doesn’t say it’s a liquidation sale but it has the feel of J.C. getting out of the farming business. He’s 64 at this point and probably ready to retire. Up for sale are 42 heard of cattle, 2 milk cows, 3 work mares, 1 saddle hours, 1 family horse, 2 five-year old mules, 1 Jack, 2 colts and a host of other animals and implements.
Just four days after the sale, on April 24, Artie dies. Her obituary says that her death followed a long illness so maybe her failing health was what prompted J.C. to scale back his operation. An additional note on Artie. A different obituary mentions that Artie had been paralyzed for a number of years and suggested that her death might have been related. I can't find any information on the reason for Artie's paralysis.
On August 12 of that year, The Lexington Herald reports that, Virgil Gastineau "…claims to have the best tobacco patch of his district…and expects to have one of the best yields of the brown weed grown in his section of the county.”
Eleven days later on August 23, Virgil loses another tobacco barn. The Central Record reports that a lightning strike is the culprit. Keep in mind that this was the replacement for the barn that burned in 1911. This time, Virgil loses corn, hay, a surrey, farm machinery, a wagon, a new tobacco setter, and enough sticks for 10 acres of tobacco. Virgil estimates his losses at $1,000 and says that he carried $600 worth of insurance. No word on how Virgil housed that stellar crop after losing his tobacco sticks.
Tragedy strikes again in 1913, when Virgil’s “new” house burns to the ground shortly after he and Phinea leave “for town.” The fire also consumes the coal house and the meat house. Virgil carried $1,200 insurance on the house and $600 on the furniture. The house, known to locals as the “John M. Palmer place,” was estimated to be 100 years old. The Central Record notes that Virgil has been a severe "loser" by fire in the last several years. That's a bit of an understatement.
Between 1912 and 1919, J.C. and Virgil start appearing in local newspapers for their livestock trades. They seem to have growing reputations as dealers in the market. The advertisement for “Black Pat” makes you think that J.C. has some serious horse game. He’s got a stud in residence for the 1919 breeding season and $15 will secure a colt from what must have been a majestic beast. Perhaps J.C. has made the turn from farmer to horse breeder extraordinaire. It’s not a terrible retirement plan! As J.C. moves into retirement so this story moves to his two living sons, Virgil and John.
Life seems to have calmed down a bit after the first 13 years in the new century. Well, at least Virgil’s name doesn’t appear very often in print. In 1916, he makes a couple of mule sales that are noted in the newspapers. Maybe he decided to leave tobacco farming behind and focus on livestock? In March of 1918, the last of his six children, Jessie Woodrow, is born. Things seem to be looking up.
But wait just a second. On August 27, 1918, Virgil sells (another) farm. The terms of sale are described as “very easy” which makes it sound like Virgil is in need of some cash.
It’s tempting to think that Virgil is headed in the wrong direction but on June 4, 1919 he sells 93 hogs. A man has to have a place to put 93 hogs and that generally means a sizable farm. Perhaps the sale noted above was not his primary residence. In the 1920 census we find Virgil and Phinea back in the east end of Garrard County (near Henry Hurt and Robert Gastineau) on a farm that he owns and living in a house that he owns free and clear.
The thing about Virgil and houses is that houses never last long around him. In fact, they have a bad habit of burning and on August 11, 1921, The Central Record reports that Virgil's house is destroyed by fire. Luckily for Virgil (wink) he has insurance on the home. The story notes that the house was on the "old West property" which where the 1918 big sale takes place. It seems that Virgil sold the farm's accoutrements but kept the house.
On that very same day, the very same newspaper reports that Virgil bought a new five-passenger “Dodge Brothers” car. Which came first, the car or the fire?
Whether Virgil has really rotten luck or is in a year's long scam, we'll never know. In any case, things go quiet for Virgil...for a bit...
John M. Gastineau and a Grisly Murder
John Milton Gastineau is the youngest of J.C. and Artie’s three boys, born 11 years after Virgil. The records don’t tell us much about John’s life.
In February of 1913, the Central Record reports that John buys 21 head of cattle from various sellers. Perhaps this is the start of John’s own livestock business. In August of 1917, John registers for the draft. On August 28, 1918 John, along with several other Garrard County men, are inducted into military service at Camp Zachary Taylor in Kentucky. It looks like John never ships overseas.
In the 1920 census, we see John living with J.C. and J.C.’s wife Mary (When did that happen?!) in the same place that they’ve lived for many years. John is 33 and has never been married. That census record is the last time I can find John alive in the public record. He is murdered on the evening of February 24, 1926 in his car.
John’s body is found by Fred Creech, a store owner in Hyattsville, on the morning of February 25 as Fred is on his way to open his store. John is slumped over the steering wheel of the car with two bullet holes in the back of his head. John’s clothing and the seats of the car are “drenched with blood.” His car is on the side of the road only about half a mile from his home.
The night before the murder, John had a attended a livestock sale in Harrodsburg with his brother, Virgil, and Alvin Thomas. Newspapers reported that John had dropped Virgil off near his home and then a few miles outside of Lancaster had also dropped off Alvin Thomas (Virgil's employee) who walked the rest of the way to his home.
As the townsfolk try to make sense of the crime they remark on what a well-liked young man John was. He was said to have no enemies. The immediate assumption is that John has been the victim of a robbery. That motive is ruled out, however, when his wallet with $115 is found on him along with his gold wristwatch. Who killed this quiet, young farmer and why?
In early March, a $2,000 reward is offered by J.C. and Virgil for the arrest and conviction of the murderer. Meanwhile, local and state authorities interview witnesses and pour over the evidence for the next several months.
The case goes quiet in the newspapers until July 27, 1926 when Virgil Gastineau and Alvin Thompson are arrested for the murder of John. E.C. McWhorter is also arrested as an accomplice.
By July 28, area newspapers begin to print charging details and statements from members of the community. The charge made by the Brown Detective Agency is that Virgil killed his brother to collect $23,000 in insurance policies where Virgil was the beneficiary. Detectives also note that Virgil has recently applied for an additional $20,000 policy on John’s life but is denied by the insurance company.
The First Trial
Virgil's examining trial begins on August 2, 1926. An estimated 400 showed up at the courthouse to watch. The Lexington Herald-Leader reports that there were “more people on the outside unable to get in, than were inside. Windows, stairways and the porch roof were crowded.” This case generates interest across the country and it is mentioned in newspapers from Washington State to Washington, D.C.
The prosecution has a witness list of 70 individuals but most never make it to the stand. Just prior to the start of the examining trial, the star witness (unnamed) flees to St. Louis. Many other witnesses also flee the state and there is no statute to compel them to return.
Fred Creech (first on the murder scene) testifies that when he found the car and the body, that he did not recognize it as John. He went to get Alvin Thomas for help and on the way back Alvin said that he guessed it was John [in the car] before they even arrived at the crime scene. Fred phones Virgil to let him know about John and says that Virgil expresses "no emotion."
Pearl Jones, a former girlfriend of John testifies that John stopped at her house on the night before the murder and told her that he didn’t expect to get home alive, because “I have too much insurance and it is made out to the wrong man.”
Shelly Herron testifies that on the Saturday before the murder he had been at the home of Ollie Estes for a chicken dinner where the Gastineau brothers were also present. Ollie and the brothers were drinking liquor. During the evening, Alvin Thomas pulled Shelly outside and asked if he would help "bump off Johnny Gastineau." Herron declined and Thomas told him to forget about it and that he was only joking. Herron testifies that he told his father and brother about the conversation.
James Lee, known as the biblical barber because of his refusal to cut women's hair into bobs, testifies that he had heard Virgil say that he maintained John's military insurance (worth $10,0000) but that the information should stay just between them.
Jesse Simpson testifies that Virgil Gastineau, Jr., Virgil's son, told him that "he believed he would kill his Uncle John and get the insurance money, but later said that he was only joking."
Dr. W.M. Johnson testifies that he was visited by McWhorter on the night of the murder and McWhorter begged him to leave his home and go “out yonder and go quickly” to tend to a man who had been shot. Since McWhorter appeared to be drunk, Dr. Johnson assumed that it was a prank. Dr. Johnson, along with many other potential witnesses, reported receiving a threatening letter demanding that they “keep quiet.”
John Beazley, undertaker and insurance agent, also takes the stand. Can we maybe put a pin in the fact that he is both an undertaker and life insurance agent? Beazley testifies that Virgil took out a $1,000 double-indemnity policy on John a number of years before and that Virgil paid the premiums. He further testifies that Virgil had inquired about an additional $10,000 policy on John in 1925 but never completed the paperwork.
In his capacity as coroner, Beazley testifies on the condition of John's corpse. He said that John's "trousers were muddy, his shoes were dirty, and this his underclothing...was saturated with blood."
Beazley testifies that Alvin Thomas owned a .32 caliber pistol and that the pistol had been present at the coroner’s inquest. The chamber was full but two of the bullets were different from the other four.
The father of Pearl Jones testifies that Pearl told him that she had mentioned to Virgil that she had been asked to testify and that Virgil told her to "step aside."
The case moves to a jury trial on September 1, 1925. Unable to find an untainted jury pool in Garrard County, the judged summons 100 men from neighboring Jessamine County.
Cora Smith Burtan testifies that Virgil had approached her the previous December and asked her to buy whisky from John, get into an argument with him, and then kill him. For this, Virgil would give her $5,000 of John's insurance money. She also says that, prior to the trial, Virgil Gastineau Jr. told her that he would "shoot her full of holes" if she testified. Under cross-examination, Cora admits to purchasing large amounts of bootlegged liquor from the Gastineau brothers over the last couple of years.
In closing arguments, Green Clay Walker, County Attorney, notes that Virgil is "...a constant violator of the law, numerous times Virgil had been an offender against the prohibition law, had been accused of gaming or had been embroiled in affairs similar..." to the ones that Cora Smith Burtan mentions.
On September 4, 1926 after six hours of deliberation, the jury is declared to be hung.
The Second Trial
Virgil’s second trial begins on March 30, 1927. Unable to find a pool of unbiased jurors in Garrard County, the judge forms a pool of Anderson County citizens.
H.K. Sebastian testifies that he found John's car and notified the sheriff. He also says that he is the one who tells Virgil of John's death and that Virgil's reply is "Isn't that too bad." It's not exactly the grief-stricken response that one might expect when learning of a sibling's demise.
Based on the newspaper reports alone, it's difficult for me to determine the importance of Sebastian's testimony. In the first trial, we learn that Fred Creech is first on the scene, that he goes to Alvin Thompson for help, and that he calls Virgil to let him know. Is Virgil's lack of emotion with Creech a result of him already being notified by Sebastian or vice versa?
Cora Smith Burtan again testifies that Virgil asked her to to kill Johnnie for a share of the insurance money and that she is a local bootlegger who had purchased alcohol from the Gastineau brothers on "many occasions" up to "40 gallons at a time." On cross-examination, the defense attempts to show that Cora tried to blackmail Virgil a few months prior to the murder, thus discounting her testimony.
Shelly Herron, again, testifies that Alvin Thomas asked him to "bump off" John at the Estes chicken dinner.
Axie Wagers, J.C.'s housekeeper, testifies that after John's burial, Virgil and Alvin Thomas carry "a quantity" of whisky out of J.C.'s house in jugs and that John sold whisky from the house.
Ed Gaines testifies that John had $22,000 in insurance and that Virgil was the beneficiary. Of that amount, $10,000 was from an insurance policy that Gaines sold to Virgil and that $10,000 was from a government policy owing to John's time in the army. Gaines testifies that Virgil has asked for another $10,000 policy on John but that the request had been denied by the insurance company.
Several accounts indicate that Robert Gastineau, brother of Virgil and John, testifies at this trial. That's incorrect. This Robert Gastineau is the prominent Garrard County farmer who is my great-grand uncle. He owned land in the Paint Lick area and was one of the first to visit the scene according to early reports.
Pearl Jones also takes the stand to state, again, that the brothers had visited her house the night of the murder.
Virgil testifies on his own behalf and and swears that he "did not have a thing to do with it" and that he only found out about his brother's murder the following morning.
The prosecution rests it's case at about 2:00 p.m. on Friday, April 1. By 8:00 p.m. that evening, they acquit Virgil. The verdict makes the headline of the following day's Lexington Herald.
On September 1, 1927, Alvin Thomas is also found innocent. Charges had been dropped against McWhorter in 1926. So, there you have it. Virgil and Alvin walk away unscathed.
An End of Sorts
After the trial, Virgil continues to show up in the newspapers. On February 27, 1930, the Central Record runs an advertisement for a bankruptcy sale. Virgil's 248 acre farm is on the block along with livestock and a car. The advertisement notes that the successful bidder on the farm must assume a $13,000 mortgage debt on the home which is due to the New York Life Insurance company. I can only imagine that despite the innocent verdict, the insurance company wanted the money they had already paid to Virgil immediately following John's death.
One month later, on March 27, the Central Record reports that in the case of the Commonwealth v. Virgil Gastineau, the jury was unable to reach a verdict on the charges of Virgil stealing 18 sheep; another hung jury.
Later that year, Virgil is charged with possessing parts of a moonshine still and fined $100 and one hour in jail. He is also charged with grand larceny with the case postponed until November. I can't find the results of that case.
In 1933, a snippet in the Rushville Republican notes that "Mr. Gastineau (J.C.) is "...ill at the home of his son Virgil..." Sometime between 1930 and 1933 Virgil moves his entire family to Rushville, Indiana and it looks like J.C. moved with them.
The 1940 census shows that Virgil and his family are living on a rented farm in Rushville, Indiana and that J.C. is living with them. So, J.C. did, indeed, make a permanent move. J.C. dies in Virgil's home in 1942.
The 1950 census shows that Virgil is divorced and living with one of his daughters and her family. Virgil dies in 1956.
Murders, Suicides, and Even More Insurance Money
Virgil appears in the news once more in 1939 when he and Phinea testify in the murder trial (yep, you read that right) of Phinea's brother. The Reverend Miller Johnson gunned down his estranged wife and a man that she was talking to in front of her home. Johnson was sentenced to life in prison on April 14, 1939.
But wait, there's more. Remember the way Phinea is noted as an "heiress" in the wedding announcement? In December of 1896, Phinea's father, Matthew Johnson, drops dead suddenly at the ripe old age of 36. Johnson is described as "thrifty" and a man of little means. However, notification of his death mentions that, in addition to farming, that he is a "life insurance agent" with a $110,000 policy.
Matthew's death is so suspicious that a representative from an insurance company in New York is sent to Garrard County to exhume Matthew's body not long after burial.
By early 1897, Matthew's estate is battling with insurance companies on the payout of the policies. The family contends that Matthew died by falling off a horse. The insurance company believes that Matthew committed suicide as a bottle of strychnine was found in his pocket at the time of his death and that strychnine was found in his stomach at the time of the post-mortem.
The issue moves through the courts over the next couple of years and I can't find a final verdict. However, if Phinea is known as an heiress, it seems to reason that the policies were eventually paid. If the family received the full $110,000 that would equate to roughly $4.4 million in today's dollars.
After Thoughts
I would love to know if Virgil’s infamy followed him. Did his terrible luck with barns and homes impact his life in Indiana? What did his children know?
Granny Gastineau was born in 1928 so she wasn't around at the time of John's murder and Virgil's trial. Beginning the youngest of 13, however, she had older brothers and sisters who remembered. She told me that one of her sisters tried to sneak into the first trial. When Grandpa got wind of her escapade, he shut it down real quick and warned her to stay away from the courthouse.
When Granny and Pa (Russell Gastineau) were dating, Granny’s uncle warned her not to get messed up with the Gastineau’s. Were we known in the 1920's and 30's as a bootlegging and murdering family? Maybe?
It’s hard to think about John Gastineau's case as an unsolved murder. It feels like the answer is pretty clear but the prosecution just couldn’t prove their case. Too many different people report being asked to “off” Johnnie for this to be anything other than a cold-blooded murder for insurance money. I think I might always wonder who got John to pull off the road so close to his home. Did he know the person was behind him? Did he hear the cock of the hammer?
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