HE WAS JUST AN ORDINARY GUY
TRYING TO GET BY
WHEN HE WAS CAUGHT
IN THE ETERNAL TRIANGLE
Orlando Douglas was not a rich man, nor was he a leader of the community. He was just a working man from Tucson who came to Tempe to make a living. His misfortune was to become associated with Fanny Ludeke, which led to his downfall.
Orlando Douglas was born in Tucson on January 5, 1870. [1] His father, James, was a skinner from New York, and his mother, Milquiady was born in Sonora, [2] before the Gadsden purchase when it became part of the United States, and later, Arizona. He attended the public schools in Florence and learned construction trades. [3]
When Orlando was in his mid twenties, he moved to Tempe, [4] where he worked as a painter, wallpaper hanger, and sometime carpenter. [5] He had a good reputation, being considered a square man, and a good workman who was sober and industrious. [6] His reputation was good enough for the Tempe North Methodist church to hire him. [7] Although he was moderately ambitious, “he did not set the rivers on fire.” [8]
Douglas' problems were caused by his on and off girlfriend, Fanny Ludeke. They had been living together for about ten years [9] in the San Pablo area of Tempe. She earned some money as a dressmaker, [10] but he provided the major support for her and her three children. [11] They would have married, but for her inability to obtain a divorce. [12]
The trouble began when Fanny left Douglas and her three children and began staying with Pedro Benitas, at the Mill Avenue house and saloon of his brother in law, Joe Encinas. [13] Benitas had a reputation for violence, having “one notch on his gun.” [14] He had been convicted of assault with the intent to commit murder, and he had beaten a man up with a loaded quirt. [15]
In March, 1905, Douglas went to the house where Benitas was asleep and Ludeke was sitting at his head. He told Ludeke to come home with him. She refused to do so, and a fight erupted. It resulted in Benitas having a badly swollen face, Fanny having a black eye, and Douglas having a lump on his head. Encinas heard the commotion, entered the room after the fight and threw Douglas out of the house. [16]
On April 25th, Douglas was told that Ludeke wanted to see him. He went to see what she wanted, and also to urge her to return to her children. [17] Although her children were not infants, ranging in age from 12 to 19 years old, he believed that her duty was to care for them. [18] Douglas knocked on the door and called to Ludeke, but nobody answered. [19] He went to a window and knocked. The window was covered by a substantial shutter, which partially opened. As he was returning to the door, it opened and Benitas came out. [20] Douglas believed that he was in grave jeopardy, and “that it had to be he or Benitas.” [21] Benitas was shot in the heart at close range, and died instantly. Douglas, frightened by the sound of the shot, threw the gun down and ran off, not knowing that he had killed Benitas. [22]
Tempe Constable Chris Sigala heard shots, and arrived at the scene while Benetas' undershirt was still burning from the fatal shot. After determining the extent of the injury, He went to bring Judge Neilson and the coroner's jury.
Douglas did not go to his room, but spent the night in a shed next to his house. [23] The next morning, he tried to surrender to Marshal Sam Brown. Brown believed that Douglas was drunk, and he could not conceive that a man of Douglas' disposition could commit a murder. Brown refused to accept his surrender. He told Douglas that the county officials would arrive soon. [24]
The deputy sheriffs were called from Phoenix. They started for Tempe at about 1 o'clock in a buggy, but had to walk across the railroad bridge when they reached the river. [25] Douglas was taken into custody at about 5 o'clock that afternoon. [26]
A preliminary hearing was held on April 27. Douglas' brother-
The morning was spent wrangling about technical issues. The hearing began at one in the afternoon. The first witness was Fanny Ludeke, who was distraught and almost hysterical. She testified that she and Benitas were in his house when Douglas knocked at the door. He asked her to come out, and she said she would. “Then Douglass [sic] broke open the door, how she did not remember.” [28] Douglas pushed his way in and blurted out, “If he kills me, all right.” Benitas then stepped in the way and Douglas shot Benitas as he was stepping out of the door. When asked if Benitas had a weapon, she replied that he did not. She continued, Douglas said “I killed him, I did it.” He then ran away. [29]
Joe Encinas was the next witness. He testified that he was awakened by the shot followed by two more shots. He grabbed his revolver and went outside. He saw Douglas running away saying, “I killed the son of a bitch.” Encinas fired a shot at Douglas, but missed. He fired more shots into the air to attract attention.
Mrs. Encinas was the next witness. She testified in Spanish with Marshal Brown interpreting. She testified that she was Benitas' sister. She said that his hand was across his chest and the other hand was stretched out on the ground. There were no weapons visible.
Constable Sigala was the next witness. He testified that he heard a number of shots. When he arrived at the murder scene, Benitas' undershirt was still burning from the shot. He put the fire out, and summoned Justice Nielson and the coroner's jury.
The last witness was Doctor B. B. Moeur. He examined the body after it was taken to the mortuary. He determined that the gunshot alone was enough to cause death.
The defense called no witnesses. The prosecutor asked that the defendant be bound over to await the action of the grand jury without bail. The request was granted. Douglas, in charge of Deputy Sheriff Cunningham, was sent to Phoenix on the evening train. [30]
Douglas languished in the county jail until October 24, when his case was heard by the grand jury. He was indicted for murder, and bound over for trial. [31]
Douglas' case came to trial on November 13. District Attorney A. C. Baker and Assistant District Attorney Bullard prosecuted. Douglas was again represented by Cooper, Richardson, Goodwin, and H. N. “Captain” Alexander of Phoenix was added to the team. Orlando's sister, Elizabeth, W. F. Cooper's wife, sat next to him. The jury was seated by noon, and the trial began with the calling of Dr. B. B. Moeur. Dr, Moeur testified that Benitas was killed by a gunshot wound. The most important part of his testimony was that Benitas had been standing above Douglas when he was shot. The defense contended that this proved that Benitas was shot while standing on the doorstep, which was higher than the ground outside. The defense contended this proved that the shot was fired while Douglas was crouched, trying to avoid the blows of the quirt.
The next witness was Joe Encinas, who lived behind his saloon, which was across the
street from the shooting. He described the events of the brawl involving Ludeke,
Benitas, and Douglas that happened a month before the shooting. After that, he described
the events of the night of the shooting. He was asked on cross examination “if it
was not true that he made of the rear of his saloon a place of assignation, and that
he had rooms where women of the town came.” He replied that it was not uncommon
for women friends of the family to call and have sociable drinks in the rooms of
his house. He denied that Ludeke, or any other women were “rustling” (hustling in
today's venacular) for the saloon. He also admitted that Benitas was his brother-
Mrs. Encinas was the next witness. She repeated the testimony of her husband. That ended the testimony for the first day of the trial. [32]
Orlando Douglas took the stand in his own defense the second day of the trial. He testified that when he reached the door of the house, Benitas came out and attacked him by striking his head with a loaded quirt. [33] (A loaded quirt is a whip with a very heavy handle that could be used as a weapon) He had shown the deputy sheriffs a lump on his head when they picked him up. [34] He drew his revolver to use as a club to defend himself. However, Benitas seized his hand and a struggle for the gun ensued. Douglas shot, believing his life was in danger. When Douglas was asked about Benitas' reputation, the prosecution objected. The objection was overruled, and Douglas said that he knew that Benitas had been convicted of assault to commit murder, and that he had beaten a man with the same loaded quirt. He added that Benitas had attacked him with the same quirt in the brawl a month before the shooting. He said that he had gone to the house at the request of Mrs. Ludeke, and that he had been trying to convince her to return to her children. Douglas was asked why he did not give himself up the night of the shooting. He replied that he did not care for the Tempe jail, and wanted to keep his freedom for the night.
The next witness, Mrs. Isabel Plumridge testified, over the vigorous objections of the prosecution, that she had a talk with Douglas the night of the shooting, and told him that Mrs. Ludeke wanted to see him.
City Marshal, Sam Brown, testified that Douglas came to him the night before and wanted him to make Ludeke go home to her children. Douglas had also asked Constable Sigala to do the same thing. They could do nothing unless a disturbance could be created. Brown said that Douglas had offered to manufacture the disturbance.
Several character witness testified about the good reputation of Douglas. Chief among them was Tempe's leading citizen, Carl Hayden, who was serving as Maricopa County Treasurer. He along with the rest of the character witnesses swore that Douglas had the reputation of being a peaceable person.
There was an unusual by-
The day's testimony ended with court observers believing that Douglas had performed well and had made a good impression. [35]
A surprise witness on the third day of the trial was Fanny Ludike, testifying for the defense. She had been the chief witness for the prosecution at the preliminary hearing and before the grand jury. The district attorney had learned earlier that she had recanted her previous testimony, and did not call her. On the stand, she was asked about the loaded quirt. She testified that the Encinas children had told her that the quirt was found by Benitas' body after the shooting, but was removed. This testimony was disallowed as heresay after objections by the prosecution. On cross examination, she was asked if she had conducted illicit relations with Douglas. After an objection by the defense, the court asked her if her answer would incriminate her, and she said yes. She was excused from further testimony.
The prosecution recalled Constable Sigala who testified that no quirt had been found at the scene of the shooting.
After lunch, the closing arguments were begun by District attorney Bullard. He brought out the point that Douglas was where he should not have been at the time of the shooting. Although a person believed himself to be in great bodily harm, the right of self defense would be greatly impaired if a person voluntarily put himself in a position of danger.
Captain Alexander was first for the defense followed by Richardson. They stressed
the good reputation of Douglas, contrasted with the bad reputation of Benitas. They
contended that Benitas and his brother-
District Attorney Baker concluded for the prosecution, reviewing the evidence in great detail. The jury left to begin deliberations. The prevailing belief in the courtroom was that Douglas would be found not guilty, or that he would be found guilty of a reduced charge of manslaughter. The testimony that the quirt may have been taken away, the bump on Douglas' head, the angle of the wound, and the testimony of Mrs. Plumridge that Ludeke had asked him to come seemed to be in his favor. Added to this was his good reputation, contrasted with Benitas' reputation for violence.
The jury deliberated for just over thirty minutes. They found Douglas guilty of second degree murder. Although the jury was not asked about their deliberations, the quick decision indicated that there must not have been a wide difference of opinion. After his return to jail, Douglas seemed depressed, expressing hope that something could be done for him. The defense team indicated that they would file a motion of appeal. [36]
Judge Nielson sentenced Douglas to a term of seventeen years at the Arizona Territorial Prison at Yuma. [37] Many of Tempe's residents were dismayed by the verdict. “While Douglas was never held up as a shining example of morality he was always considered a good workman who was sober and industrious.” [38] On November 22, Deputy Sheriff Walker took Douglas and other prisoners to Yuma to be incarcerated. [39]
Douglas adapted to life in prison, and became a model prisoner. He was given many liberties that were not enjoyed by other prisoners. He spent his spare time making craft items that he sold at a profit. [40] In his spare moments, he studied electricity and availed himself of all the benefits the prison offered. [41] The reputation of the Yuma prison as a “hell hole” was undeserved. It was humanely administered, and was a model prison for its time. Schooling was available for prisoners. It housed one of the first free libraries in the territory. Prisoners had regular medical services, and they were allowed to make hand crafted items which were sold at Sunday bazaars. The prison had one of the earliest electrical generating plants in the west, which provided electric lights, and powered ventilation fans that cooled the cell block. Most residents of Yuma did not have these benefits or amenities. [42]
On April 7, 1909, after serving a little more than three years, Douglas was paroled by Governor Kibbey as the prison was being moved to Florence. On June 15, 1912, he was given a full pardon by Governor George W. P. Hunt. [43] Douglas went to Sonora, next to Ray in Pinal County. Both towns have since been enveloped by the open pit operations of the ASARCO copper mine. He worked there as a carpenter. At age 40, he married 15 year old Teresa Youtsey, [44] They had six children, and Orlando stayed out of any further trouble. [45] After 20 years of marriage, Orlando and Teresa divorced, although both continued to live in the area. [46]
While riding on a train in Mesa on October 6, 1941, Orlando fell from the train platform
and fractured his skull. He was taken to the Mesa hospital, where he died the next
day. Teresa claimed the body of her ex-
Orlando Douglas' conviction for murder probably represents the prejudices of the day, rather than justice. There appeared to be reasonable doubt in the testimony. However, although he had an Anglo father, he was considered a Mexican, and that, as much as anything, probably led to the quick verdict and his conviction.
