THE AXE MURDERER OF TUCUMCARI

18 December 1947 was a cold winter’s morning like any other in Tucumcari. Bertha Eugene Wagnon Kappel had got up at 4.45am to prepare for her shift at the Home Café in the Vorenberg Hotel. (The Vorenberg was a grand hotel in downtown Tucumcari which boasted suites with private baths, a large lobby, dining room and barber shop as well as the Home Café. After the First World War it was owned by Floyd B Redman who built quite a property portfolio over the years. In the 1950s he bought another motel which was managed by a lady called Lillian Leigon; romance blossomed and he presented the motel to her as an engagement present. The motel was the famous Blue Swallow.)

The Vorenberg Hotel. The Home Cafe where Bertha Kappel was employed can be seen at the right.

Bertha had only been working at the Home Café for a couple of months while her husband Gus Adolph did various odd jobs. They had been married in Oklahoma in 1938 but several of the family – Bertha was one of 13 children – had moved to Tucumcari where Adolph also had links. They and their daughter were staying with Bertha’s brother, Roy, and his wife Catalina, in Roy’s home on North 1st Street, although the Kappels had purchased a lot nearby on which they intended to build a rudimentary house. To this end, Bertha had bought some lumber and, after finishing work on 17 December, she visited the lot to inspect progress. She found that the lumber was missing and this set into inexorable motion the events of the next few hours.

Bertha returned to her brother’s house and accused Adolph of selling the materials. He denied it but she discovered that he had, in fact, sold the lumber to a neighbour and, even worse, he hadn’t been paid for it. Bertha told him to get the lumber back within three days or “she would turn him in”. Now, the lumber may have been from a dubious source and Kappel did have a prior conviction for theft, so it might have been a well-aimed threat on her part. The quarrel continued into the evening although Adolph would later claim that the couple had been made up by the time they went to bed.

Even before the lumber incident it doesn’t appear to have been a happy marriage. Bertha had moved to Tucumcari some eight months before while her husband tried to find work in Oregon. When he returned to New Mexico she had sworn out a warrant on him for non-support of their 12-year-old daughter, Mary Frances.

Unsurprisingly next morning, the arguing flared up again when Adolph was slow to accompany Bertha on her walk to work. She left the house without him and when he called out to her to wait, she replied; “You dirty son-of-a-bitch, if you are going with me, come on.” It was an unfortunate choice of words and Bertha probably knew that it was a term that particularly offended her husband.

At around 6am, near an overpass, the body of Bertha Kappel was discovered just three blocks from her brother’s house. She lay in a pool of blood, her head cracked open by three blows from an axe and her left ear almost severed. When she was found, Kappel was taking a nap, having returned home, vomited and then taken two aspirins for a headache and then slept for an hour. When he woke up, he had a hearty breakfast and then went to the Home Café to say that his wife wouldn’t be coming to work that day. He was then arrested close to where Bertha’s body lay.

kappel-1

Adolph Kappel had a limited mental capacity but he knew enough to get rid of the axe, tossing it onto the roof of a neighbour’s house where it was later found. He signed a confession, saying that he had no recollection of killing his wife but remembered “I was standing over her and I struck a match and seen what I had done.” At his trial, he was charged with first degree murder and the jury took less than an hour to find him guilty. He was sentenced to be executed in New Mexico’s electric chair.

Kappel appealed and was granted a second trial on the grounds that the jury had not been given the option of convicting him of second degree murder. This jury decided that the murder had been conducted in the heat of the moment and was not planned or deliberate. He was once again found guilty but this time the sentence was 90-99 years rather than death. Kappel proved to be a model prisoner – for at least a year…

Gus Adolph Kappel

Assigned to a prison work gang at the penitentiary’s clay pits, on the last day of October 1950, Adolph Kappel made his escape aboard a black mule called Pete (one newspaper reported the beast was called Pegasus which seems a little fanciful). For five days he managed to stay ahead of police and prison guards in freezing cold weather until he was finally captured 35 miles south east of Las Vegas, New Mexico. He gave various reasons for his escape, saying that he had wanted to find out why he hadn’t heard from his daughter and believed that his brother was preventing her from writing to him. He also said he wanted to see his sister-in-law who had been involved in a road accident and then intended on going to Oklahoma to visit his mother and other relatives. But he also told reporters that “I am not the man who killed my wife” and that had he been able to get to Tucumcari he “could have cleaned up the whole mess”. Given that he had signed a confession which formed the basis of his first trial and pleaded guilty to second degree murder at the second trial it’s difficult to see how anyone else might have killed Bertha.

In 1953, Governor Edwin Mechem commuted Kappel’s sentence to a flat 70 years while the Warden commented, perhaps a little tongue in cheek, that Kappel was “now a plumber. He does not have access to a mule”.

Governor Erwin L Mechem who commuted Adolph Kappel’s 90-99 sentence to 70 years.

Adolph Kappel applied for parole at every chance and was denied for many years. When was he released? The short answer; I don’t know. He died in 1978 at the age of 63 and is buried in the Santa Fe National Cemetery. However, he was also incarcerated in the Penitentiary of New Mexico which is just 15 miles from Santa Fe but I found that he had won a newspaper competition in 1976 when living in Ojo Caliente near Taos so it appeared he stayed in the area after his release. Perhaps he just had nowhere else to go.

John Frederick Kappel whose bound body was found in a Sayre lake in an unsolved homicide.

It is perhaps a little ironic that, with one brother behind bars for homicide, another brother should also meet his end by murder. In September 1963, the youngest Kappel son, John Frederick, was found floating in a pond in Sayre, Oklahoma. This was no natural drowning; John’s hands and feet were tied and he had also suffered a blow on the head before being thrown into the lake to drown. He had previously been working as a union picket for the International Hod Carriers, Building and Common Laborers Union protesting at the construction site for a grocery store in Elk City. Police stated that his job had nothing to do with his death, although they were bemused at the lack of signs of a struggle as John was a large man – 6’4” and 240lbs as well as being a karate expert – and throwing him in the pond had required lifting him over a barbed wire fence. The case was never solved.

The lower walls are all that remains of the Vorenberg Hotel after a fire in the 1970s. The house where Bertha and Adolph were living with her brother is also long gone.

THE MAN WHO INVENTED THE APACHE DEATH CAVE

Gladwell Grady ‘Toney’ Richardson. Everything we know about the Apache Death Cave comes from this man.

In 1926 the tiny settlement of Two Guns, Arizona, was rocked by the killing of Earl Cundiff by Harry ‘Indian’ Miller. That episode is well documented but an enduring myth associated with Two Guns is far more nebulous and less easy to prove. That legend concerns the so-called Apache Death Cave.

As the story goes, in 1878, Apaches had raided two Navajo camps, killing everyone but three girls who were kidnapped. Other Navajo warriors attempted to follow the Apaches but were mystified when they appeared to vanish into thin air. Then, while scouting along the edge of Canyon Diablo, they noticed voices from beneath them and warm air coming up from a fissure in the ground. They quickly realised they were above a cave in which the Apaches, their horses and possibly the three Navajo girls were hidden.

Looking across to the famous cave.

They found the mouth of the cave and lit a fire intending to smoke out their enemies. Those who tried to escape were killed and when it was found that the Navajo girls were already dead, it was decided to kill all the Apaches in the cave in revenge. After those trapped in the cave had used all their water in an attempt to put out the flames, they cut the throats of their horses to use the blood to douse the fire. But, as the corpses of their horses piled up against the opening and the Navajo continued to fuel the flames with sagebrush, some forty-two Apaches are said to have died in the cave.

Harry ‘Indian’ Miller – unfairly blamed for the Apache Death Cave story?

Did it happen? At this length of time there is really no way of telling and there is considerable doubt as to how much the tale has been rewritten, exaggerated and embellished. What is clear is that Harry Indian Miller has been unfairly tarnished in many accounts and histories of Route 66 with starting and promulgating the myth of the ‘Apache Death Cave’. While it is true that Miller used the cave as a tourist attraction, he advertised it as ‘Underground Dwellings’ and probably fitted out the cave with suitable stage dressings to entertain visitors. However, there’s no evidence that the cave was ever used as a dwelling, which casts doubt on the idea of it being regular living quarters for the Apache.

A postcard of the Apache caves from the 1930s. Note no mention of death.

All photographs that exist of Two Guns during Miller’s tenure show the attraction advertised as the APACHE CAVES or the MYSTERY CAVE. Many accounts accuse Miller of clearing out the caves and selling Apache skulls but there is one fact which goes against this idea; Miller claimed to have Apache blood (whether full blood or half blood depends on which account you read) and while that claim is perhaps a little tenuous, as such he would have been unlikely to sell the bones of his ancestors. In late 1926, he and his friend and fellow trader Joe Secakuku announced a plan to build a dance floor in the cave, although this never came to pass. It would be forty feet by fifteen feet and for the use and entertainment of not only tourists but local Winslow residents. Had Miller believed – or even known – of the existence of the Death Cave story would he have turned the cave into first a tacky tourist attraction and secondly a dance hall? And even if he had been prepared to compromise his claimed heritage, would Chief Joe, a full blood Hopi, have gone along with the plan?

A later postcard, also with no mention of any death caves.

Perhaps the most compelling evidence towards the story of the Apache Death Cave being an exaggerated and embroidered (if not invented) story is that the facts emanate from one source; Gladwell Grady Richardson.

Thanks to the work of Marshall Trimble, Arizona’s state historian, one Richardson tale has already been debunked. For years, people have spoken in awe of Canyon Diablo, a town on the edge of the canyon from which it took its name and a mile or so from Two Guns.

Originally a railroad camp, Canyon Diablo had a main street called Hell Street, fourteen saloons, ten gambling houses, four brothels and two dance halls, many of which stayed open twenty-four hours a day. It was said to be a lawless and dangerous place with a Boot Hill cemetery which was filled within a year with those who had suffered a violent demise. Six town marshals died in quick succession, the first lasting just four hours, the longest serving surviving a month. It was a place that made Tombstone seem like the most sedentary of suburbs.

There’s only one problem with this picture of Canyon Diablo: It never existed.

It was virtually all the imagination of Gladwell Richardson. In a time where very few documents existed – there is, for example, no record of a Canyon Diablo newspaper in the railroad camp – Richardson somehow magically managed to not only know how many saloons and brothels there were in the town, but was able to name them, too. “Nearly everything you’ve read is fiction,” says George Shaw, an archivist at the Arizona State Railroad Museum. “Never happened.” Richardson was a prolific author of Western stories which he penned under a variety of pseudonyms and it’s all too likely that his ability for conjuring up stories spilled over into his so-called narrative of Canyon Diablo.

Richardson also had a personal connection with Two Guns. He had worked in trading posts since he was a young boy and, in 1950, when his father SI Richardson, bought Two Guns, Gladwell and his wife Millie ran the place for several years and it was while living and working at the trading post that Richardson began writing a small book called Two Guns, Arizona. Published in 1968 and long out of print, this small tome appears to be from where the legend of Canyon Diablo and the embellished story of the cave originate. In his book, Richardson writes of Canyon Diablo; ‘For the brief span of its vicious life, more famous places like Abilene, Virginia City and Tombstone could not hold a candle to the evil of this end-of-the-railroad’s depravity. Murder on the street was common. Holdups were almost hourly occurrences, newcomers being slugged on mere suspicion that they carried valuables.’

The truth was that the town, like most railroad camps, was a place where people worked hard, perhaps had a little too much to drink on a Saturday night, but were too careful of their jobs to participate in much mayhem or murder. However, that doesn’t make for quite such an exciting story! By the time that Richardson wrote his version of history, the town had been gone for almost eighty years, meaning that there would have been very few people who had experienced Canyon Diablo first-hand, and so his account became universally accepted.

Richardson’s book also appears to be the source for the much-repeated story that, during the winter of 1879, the canyon was a hideout for Billy the Kid and his gang. Once again, it’s a great tale but the likelihood of it being true is extremely low. Robert M Uttley in his definitive biography of William H Bonney has The Kid in his home territory of Fort Sumner, New Mexico, throughout the time that Richardson claimed he was hiding stolen horses in the canyon.

Two Guns, Arizona also provides an exciting and entertaining narrative of the events of the Apache Death Cave, containing facts that can be found nowhere else. Indeed, it appears to be the sole history of the events of June 1878 for every subsequent retelling has drawn upon either the facts published in this book or in a longer article which appeared in Big West Magazine in 1967. The author of this piece was Maurice Kildare – and Maurice Kildare was one of Richardson’s many pseudonyms.

Although he was regarded as an expert on Western history – a notion promulgated by his many Western novels and by Richardson himself – Two Guns, Arizona was only one of two works of non-fiction that he wrote in his lifetime. The other was a work which Richardson clearly preferred to forget.

On 23rd April 1923, special officer JS Sullivan of the Arizona Eastern railroad arrested a young man in a boxcar at the Phoenix railroad yards early in the morning. It was a common enough incident and Sullivan had no cause to suspect the man of anything other than vagrancy. But a search at the police station of the man’s meagre possessions uncovered a diary in which the vagrant, who was identified as Gladwell Grady Richardson, had written a vivid first hand narrative of how he had killed a rabbi in a San Francisco hotel and then deserted the navy.

Richardson claimed it was simply a story he had been writing to keep himself amused which might have been more believable had Phoenix officers, upon investigation, not discovered that, on 3rd April 1923, a Rabbi Alfred G Lafee had indeed been beaten to death in the Gates Hotel on Fillmore Street in San Francisco. The details of the slaying corresponded to Richardson’s account in every way.

The Gates Hotel where Richardson killed Rabbi Lafee.

Nonetheless, Phoenix officers appear to have believed Richardson’s explanation that the diary was just a story. He stuck so consistently to this that Phoenix Chief of Police, Oscar Roberts, publicly stated that he felt the diary was a figment of the nineteen-year-old deserter’s imagination and he was an unfortunate victim of circumstance. It must have been embarrassing for the police chief when, the following day after this statement, Richardson changed his tune and made a full confession, waiving his right to be extradited to California.

Two days later he told his story before a grand jury. On 3rd April, Richardson had gone ashore from the USS Vigilant to Golden Gate Park where he had met a stranger to whom he referred to his diary as “the Jew”. His diary spoke of the man as “kind of nervous for some unknown cause”; the young Richardson may have been very naïve – or wished to appear so – for he accepted the stranger’s invite to take in a show and then spend the night at a local hotel.

The Gates Hotel today, renamed as the Fusion although basically unchanged on the exterior.

Richardson wrote in his account: “After the show we went to the Gates Hotel but he registered as Mr Lane. About 3.30am I was suddenly awakened by the Jew, my hand fell off the bed coming into contact with a cuspidor. I turned it on its side and emptied it. I swung the cuspidor and struck the Jew on the head. The Jew swung with his fist and hit me on the jaw. I then swung the cuspidor twice in rapid succession. The blood on my hands was bloody. I got up and turned the lights on. As I did my left hand left a print on a wall. The Jew was unconscious. At first I thought he was dead. He was breathing heavily and his head was between the bars of the head of the bedstead. I washed the blood from my arms and hands, put on my clothes, opened the door and walked out. The clerk was there so I lit a cigarette and asked him something about the weather. My voice sounded kind of queer, that was the only emotion I had

Back on the USS Vigilant, Richardson learned two days later that not only was the man a rabbi, but he was now a dead rabbi. He told a couple of people what he had done, a friend called Frank and a woman called Alice with whom he had had dinner two nights later and then he decided to go on the run from Goat Island Naval Training Station. As his diary relates, this action caused him more angst than the murder. In the entry of April 7th, he wrote: “The rabbi is dead. So now in the eyes of the law I am a murderer. Can’t say I feel like one. I’m also a deserter from the navy, that’s what I’m worried about. Wired dad to send $75. Discarded my bright, new uniform yesterday for a pair of overalls, shirt and sweater. I look like a bum now.”

Pleading self-defence as the victim of an ‘unnatural attack’, Richardson went through his story again in front of the grand jury and, on 15th May 1923, that grand jury refused to indict him on a charge of murder, holding that he was justified in defending himself under the circumstances. This should have automatically closed the case but Richardson was referred to the Superior Court which, on 29th June 1923, confirmed the grand jury’s decision and dismissed the charge of murder on the grounds, quite amazingly, of insufficient evidence.

As a deserter, Richardson should have been placed under immediate arrest by a naval guard but, according to contemporary newspaper reports he was allowed to leave the court on his own and voluntarily surrender to a naval assembling station on Yerba Buena island. It’s to be presumed that he did this; although that naval career appears to have ended a few months later, the foreword of Navajo Trader stating that he remained on active duty until 1924 and then was recalled into military service after Pearl Harbour, serving in Arizona, Indiana and the South Pacific. Then again, that same foreword also contains no whisper of his troubles in San Francisco in 1923.

In fact, Richardson appears to have successfully expunged any mention of the murder of Rabbi Lafee from his subsequent life, going on to be an organiser of the Flagstaff Indian Pow Wow and author of almost three hundred works of fiction. The tourists that he did welcome to Two Guns were generally those who were seeking out their favourite author and he continued to run the trading post until 1962 when he sold the business to Ida Ferne Jacobs Rawlinson who, just a year later, sold up to Benjamin F Dreher. Richardson dedicated his book to Dreher; it may have been a genuine desire on Richardson’s part to record the history of the place as he saw it, or it may have been commissioned by Dreher as publicity for the redevelopment of Two Guns. The fact is that book published in 1968 and an article written under one of his many pseudonyms, are the sole source of information on the now much-repeated story. And the first time that anyone had heard of the Apache Death Cave…

Gladwell Grady ‘Toney’ Richardson. Unreliable witness?