Spirit of the Times Batavia, Genesee County, New York State July 22-1865 HORRIBLE MURDER ! A Man Brutally Murdered The Body Afterwards Robbed, Stripped and Thrown into the Tonawanda Creek Arrest of the Murderer! On Sunday last great excitement occurred in Batavia, by the announcement that a foul murder had been committed at the Indian Falls, on the Reservation, in the neighboring town of Pembroke; but on learning that the murderer was safe within the grasp of the Sheriff, the people were satisfied to allow the law to mete out its just retribution for so foul a crime. It appears that a man named Levi MAYHEW, a resident of Smithville, in Alabama, in this County, long ago enlisted in the army, leaving behind him a young girl with whom he had been on very intimate terms. Soon after his departure, a man named Theodore DURHAM, a resident of Pembroke, married the girl in question. Things passed on quietly until the return of MAYHEW this Summer, when, as we learn, some words occurred between him and DURHAM in reference to the girl. On Friday evening last, after MAYHEW and DURHAM had quit work in the harvest field, they were seen to proceed together along the bank of the Tonawanda Creek, (but a short distance from the scene of the murder). On the following morning, Saturday, DURHAM was missing, which began to excite suspicion, when strict search was made, resulting in finding his body the same evening, in a nude state in the Greek, just below the Indian Falls. A short distance from the bank there was every indication of a death struggle. A pool of clotted gore was found, likewise DURHAM's clothes--lacking the boots--and near the spot his wallet that had been rifled of its contents. There was also a trail, indicating that the body, after being stripped, had been dragged to the bank of the Creek and thrown in. The head of the murdered man was in a horrible condition, being literally pounded to a shapeless mass with a large stone. MAYHEW being last seen in his company, suspicion was at once fixed upon him as the murderer, who was arrested the same night at his mother's where he resided. Upon making search, a photograph of DURHAM's wife--which was seen in her husband's possession but a short time before the murder--was found on his person, together with some bank bills that, we learn, were known to have been paid DURHAM. But what was the most damning evidence of his guilt was the finding of the boots the murdered man in his possession. On Monday, a post mortem examination was held on the body, in North Pembroke, by Dr. J.R. COTES, of Batavia, which corroborated the belief that death had ensued before the body was thrown into the Creek. The same day Coroner ROOT empanelled a jury to ascertain the cause of the unfortunate man's death, when the following verdict was rendered: "The deceased, Theodore DURHAM, came to his death by reason of wounds received on his head, fracturing his skull and producing effusion of blood on the brain; and that these wounds were inflicted by a stone or some other instrument in the hands of Levi MAYHEW." Thus is another bloody crime added the long catalogue of foul deeds that have been perpetrated over the country since the breaking up of the army. This gang of villains that entered the service are unfortunately spared to return home and become a perfect scourge on the community. The list of crimes committed by them is fearful, but we are glad to find that in most cases the guilty ones are secured and brought to justice. Horse and Buggy Stolen Capture of the Thief On Teusday of last week, a man who gave his name as Serphene MERGYI, hired a hrose and buggy at ANDRES' Livery in this Village for the ostensible purpose of proceeding to Pavilion, but whichn place, it seems, he never reached. On the following day, he not returing, suspicions were aroused that he ahd stolen the property, when a erward was offered for his apprehension, and efforts made to track him. On the Thursday morning subsequent, he attempted to cross over suspension bridge with the hrose, when he was identified as the thief by the bridge keeper, whereat he immediately started for Lockport, but was soon overtaken. He was borught hiere by officer BUXTON and lodged in jail, where he will have to reamin until the next session of the Grand Jury. submitted by Linda Schmidt *********************************************

Another great story, which had nothing to do with Mayhew being one of the many villians since the break up of the army. Her name was Sarah (Ribby) Durham and she was obsessed with Mayhew, way before he went to war. I wouldn't doubt he went to get away from her. There is documented evidence she wanted her husband done away with. Upon his return, he just couldn't take it any more and finnaly commited the crime. Don't want to give too much away on this one yet and give away our sources. It is one of the cases in one of the books Ellen Bachorski and I have been working on. This one, a collection of crimes, we hope to have to the publisher by November. -- Cindy Amrhein Historian/Abstractor "House Detective" Town of Alabama Historian Genesee Co., NY ********************** Historian's Page - Alabama, NY http://www.rootsweb.com/~nycalaba/ APHNYS (The Association of Public Historians of New York State) http://www.tier.net/~aphnys/