The following was compiled by Jay Montgomery, great-grandson of Issac Taylor
Summary of Events Surrounding Isaac Taylor Killing His Brother, Joseph in 1908
After reviewing multiple, sometime conflicting, newspaper accounts of what was described as “one of the most thrilling and surely one of the most deplorable murders in the history of southern Colorado”, this is how I believe the story unfolded.
In 1907 Lovinia M. Ulery was granted a homestead patent for 80 acres abutting Isaac Taylor’s property to the east. For her homestead patent application, Isaac witnessed her continuous residence upon and cultivation of said land. I assume that also around this time Florence Appelgate laid claim to vacant land also just east of Isaac’s property and south of Mrs. Ulery’s for which in 1913 she would be granted a homestead patent. [Boyd, Maps of Custer Co]
It appears that there was a public passway that Mrs. Ulery wished widened or otherwise improved to make it a more passable road. In the early 1900s, a public passway in Colorado generally referred into a road, trail, or route officially designated and maintained for public use. She contracted her neighbor, Isaac Taylor, to perform the work needed to improve the passway. Isaac, a teamster, likely used this public passway himself in the conduct of his business. Unfortunately, this passway appears to have crossed a corner of the land Mrs. Appelgate was now homesteading. She strenuously opposed Mrs. Ulery’s efforts to improve this passway.
For unknown reasons, Isaac and his older brother, Joseph H had been on bad terms for some time. Perhaps the strained relations were over the right to use the passway over this piece of land or perhaps this issue only made other matters worse. Joseph, who appears to had for some time been living with Mrs. Appelgate (although was married in 1885 to Ella James) had frequently asserted that “should Isaac trespass by coming onto the road, he would kill him”.
On May 2rd, the two brothers again quarreled over a right-of-way through Mrs. Appelgate’s property. This appears to have followed an argument between Mrs. Ullery and Mrs. Appelgate earlier. One account records a fist fight between the two ladies. The next day, Mrs. Appelgate again demanded of Isaac that he cease work on the passway. He refused, at which point his brother intervened. Isaac again refused to cease work. It was at that point that Joseph reached for his rifle. Isaac fired two or three shots. One bullet hit Joseph in the back on the right side, causing a wound from which Joseph died in forty minutes. Before he died, Joseph said he “did not believe that Isaac would do him any harm”.
The Inquest was conducted in Rosita. The coroner’s Jury rendered a verdict of felonious killing by Isaac Taylor. The trial began June 12th in District Court in West Cliff. Judge M. S. Bailey presided. Prosecution was led by District Attorney Augustus Pease. Isaac was defended by J. G. Schwelgert of Canon City. The proceedings lasted about two days. After deliberating 18 hours, the jury found Isaac not guilty of murder, stating his action was justifiable as self-defense.
Isaac sells farm and leaves Wet Mountain Valley 6 mos later. [Deed, Custer Co., #49928]
Newspaper Sources:
The Florence Daily Tribune, May 4, 1908
The Aspen Daily Times, May 5, 1908
The Rocky Mountain News (Daily), May 5, 9, 10, and June 9, 12, 14, 1908
The Aspen Democrat, May 6, 1908
Ex Parte Newspaper (Florence), May 8, 1908
The Canon City Record, May 14, 1908
Silver Cliff Rustler, June 17, 24, 1908, July 29, 1908, and September 30, 1908
1908 Newspaper Accounts of Isaac Taylor Killing His Brother, Joseph H Taylor
Compiled by Jay Montgomery.
His notes are in parentheses and are italiced.
Jay says, “Notes written in red (italiced for this article)in these documents are either my clarifications or questions. If anyone can answer my questions, has any other information, or can CORRECT my errors, please feel free to let me know.
The Florence Daily Tribune, Volume 23, Number 55, May 4, 1908
Probably one of the most thrilling and surely one of the most deplorable murders in the history of southern Colorado was that of the Taylor brothers, which occurred on the Appleby ranch (Florence Appelgate’s land. Note that on land documents, name is spelled Appelgate, not Applegate as recorded by various news articles) near Wetmore Saturday afternoon in which Isaac Taylor shot and killed his brother Joe Taylor after the two brothers had quarreled over the right-of-way through the farm owned by Joe Taylor. Isaac Taylor claimed that he did the killing in self-defense and immediately gave himself up to the authorities at Silver Cliff. The trouble had been brewing for a long time and was in no sense a surprise to the neighbors when the culmination of the affair was brought to light. It was today learned that Joe had frequently asserted that should his brother trespass by coming on or going over the road leading through his ranch, that he (Joe) would kill him, and yet the road had been used as public passway for a long time. Full particulars of the manner and direct causes leading to the fatal ending has not as yet been learned. Taylor has a family consisting of a wife and children, one a girl almost grown to womanhood and they are grief stricken over the ending of the unparalleled murder of history. (Which Taylor family is being described? If Isaac Taylor (“has” a family), by 1908 he has daughters well beyond being “almost grown to womanhood” (Nellie (30) and Mildred (21)), but they were out of the home, already married. This description could refer to Lela (18) who was still at home along with children Delford (13), Margaret (11), William (8), and Dorothy (6). If describing Joe Taylor’s family (“has” vs “had” a family?), I am only aware from the 1885 Census of him having a wife and one son who would have been 24 at the time of Joe’s death. But seems by 1908 he was no longer with this family, but living with Mrs. Appelgate.)
The Aspen Daily Times, May 5, 1908
Wetmore, Colo., May 4. —Joseph Taylor was shot and killed by his brother, Isaac Taylor Sunday, after the two brothers had quarreled over a right-of-way through Joe Taylor’s farm. The trouble originated with a fist fight between Mrs. Melvine Ullery (This is likely Lovinia M. Ulery a neighbor for whom Isaac earlier attested lived on, and farmed, the land in her 1906 Homestead application. She obtained her homestead abutting Issac Taylor’s land (to the west) in 1907) and Mrs. Joseph Taylor. (This seems to be actually Mrs. (Florence) Appelgate with whom Joe was apparently living. (See May 8th Ex Parte article) Seems likely she had laid claim to land abutting both Ms. Ulery (to north) and Issac Taylor (to west) for which she was granted a homestead patent in 1913) Mrs. Ullery was constructing a road through several ranch properties and one corner road cut the Joe Taylor ranch. (Likely, this was Mrs. Appelgate’s land she was homesteading. I can find no mention of a Joe Taylor farm) Isaac Taylor was employed to build the road. He and Joe were enemies, though brothers. After the two women fought, the brothers took it up. They met Sunday morning. Isaac Taylor said he killed his brother in self-defense.
The Rocky Mountain News (Daily), Volume 49, Number 126, May 5, 1908
Isaac Taylor, charged with killing his brother, Joseph’s in Junkins’ Park canon, was brought here today by Sheriff Hendershot and locked up in the county jail. Isaac Taylor and his brother Joseph quarreled Saturday and the later was shot. The two have been enemies for years and have several times had trouble. Saturday morning Isaac was ploughing (widening/improving a public passway?) and Joe told him he would have to quit. Isaac replied that he had been put to work by the man who owned the land and that he would keep it up. Joseph then started for the house saying he would kill Isaac. Isaac ran to his wagon, secured his rifle, and shot three times at Joe, the third bullet hitting him in the back on the right side, causing a wound from which he died in forty minutes. Mrs. Joseph Taylor, wife of the dead man, (Mrs. Appelgate) was the only eyewitness to the shooting. She said tonight her husband was trying to avoid trouble by going to his house. Isaac says Joe was going to the house to get his rifle to kill him. Joseph Taylor was 55 years old and his brother is 50. (By my accounting, Joseph was about 60 and Isaac 52)
The Aspen Democrat, 1900-1909, May 6, 1908 (later publishing of May 5 article)
Isaac Taylor, charged with killing his brother, Joseph in Junkins Park Canon, was brought here today by Sheriff Henderson and locked up in the county jail. Isaac Taylor and his brother Joseph quarreled Saturday and the latter was shot. The two have been enemies for years and have several times had trouble. Saturday morning Isaac was ploughing (widening/improving a public passway?) and Joe told him he would have to quit. Isaac replied that he had been put to work by the man who owned the land and that he would keep it up. Joseph then started for the house saying he would kill Isaac. Isaac ran to his wagon, secured his rifle, and shot three times at Joe, the third bullet hitting him in the back on the right side, causing a wound from which he died in forty minutes. Mrs. Joseph Taylor, wife of the dead man, (Mrs. Appelgate) was the only eyewitness to the shooting. She said her husband was trying to avoid trouble by going to his house. Isaac says Joe was going to the house to get his rifle to kill him.
Ex Parte Newspaper (Florence) May 8, 1908
Isaac Taylor shot and killed his brother Joe in Junkins’ Park last Saturday. Isaac, it seems attempted to drive his wagon (plough/build/widen a road/passway?) over a piece of land claimed by a woman with who his brother was living. (Mrs. Appelgate) Joe, it seems then threatened to kill Isaac, but Isaac shot first. There had been strained relations between the two brothers for a long time over the right to cross the piece of land, the woman with whom Joe was staying claiming the same and refusing to let Isaac cross it, finally prevailing upon Joe to take up the cause against his brother. On Saturday morning, Isaac started for a load of wood and took this road, it being the shortest way out of his ranch. Joe saw him and ordered him off, threatening to kill him. Isaac was the quickest.
The Rocky Mountain News (Daily), Volume 49, Number 130, May 9, 1908
The inquest into the killing of Joseph Taylor by his brother, Isaac Taylor, several days ago was begun today at Rosita. The evidence showed that a quarrel first arose between Mrs. Ullery and Mrs. Applegate. Mrs. Applegate, it seemed, asked Isaac Taylor to cease plowing (building a road or widening/improving a public passway?) on Mrs. Ullery’s land. He refused and his brother Joseph repeated the request. As Joseph went for his rifle. Isaac fired two shots just as Joseph was apparently reaching for his gun. Mrs. Applegate made many conflicting statements concerning the affair. The Inquest will be continued tomorrow.
The Rocky Mountain News (Daily), Volume 49, Number 131, May 10, 1908
ISAAC TAYLOR IS CHARGED WITH KILLING HIS BROTHER. The coroner’s Jury looking into the death of Joseph Taylor, killed near Rosita, in Custer County, today brought in a verdict of felonious killing by Isaac Taylor, brother of Joseph. Isaac was admitted to bail in the sum of $2,000. (Did he raise this sum by putting up his homestead & farm in Wetmore? See Silver Cliff Rustler, Sept 30, 1908 below) The evidence adduced at the coroner’s hearing was to the effect that Joseph said before he died that he did not believe that Isaac would do him any harm. Isaac was bound over to the district court. He will be defended by J. G. Schwelgert of [Canon City].
The Canon City Record, Volume 31, Number 20, May 14, 1908 (later publishing of May 9 article)
The inquest into the killing of Joseph Taylor by his brother, Isaac Taylor, several days ago was begun yesterday at Rosita. The evidence showed that a quarrel first arose between Mrs. Ullery and Mrs. Applegate. Mrs. Applegate, it seemed, asked Isaac Taylor to cease plowing (building a road or widening/improving a public passway?) on Mrs. Ullery’s land. He refused and his brother Joseph repeated the request. As Joseph went for his rifle, Isaac fired two shots just as Joseph was apparently reaching for his gun. Mrs. Applegate made many conflicting statements concerning the affair. The inquest is being continued today.
The Rocky Mountain News (Daily), Volume 49, Number 161, June 9, 1908
Canon City, Colo. June 8 – Judge M. S. Bailey and District Attorney Augustus Pease left today for Silver Cliff to hold the spring term of court. The principal case marked for hearing is that of Isaac Taylor, accused of the murder of his brother, Joseph Taylor.
The Rocky Mountain News (Daily), Volume 49, Number 164, June 12, 1908
The trial of Isaac Taylor, charged with the murder of his brother. Joseph Taylor, began at West Cliff this afternoon. The jury was secured before adjournment and the taking of evidence will begin in the morning. The defense will be self-defense. Isaac Taylor shot his brother in a quarrel over the ploughing of land (building a road/improving a public passway?) at West Cliff, about eight weeks ago.
The Rocky Mountain News (Daily), Volume 49, Number 166, June 14, 1908
Isaac Taylor charged with the murder of his brother, Joseph Taylor, was last night acquitted by a jury in the district court. The jury deliberated 18 hours. Isaac Taylor shot and killed his brother seven weeks ago after a dispute over the ploughing of land (building a road/improving a public passway?). Self-defense was urged by Isaac Taylor in justification of his act. It was shown by the evidence at the trial that Joseph Taylor had started for his gun when he was shot by Isaac.
Silver Cliff Rustler, June 17, 1908
The trial of Isaac Taylor by the people for the murder of his brother, Joseph Taylor, was begun Friday evening and by the following evening, the evidence was all in. The jury deliberated until about 9:30 and turned in a verdict finding the defendant not guilty.
Silver Cliff Rustler, June 24, 1908
Report of the Proceedings of the Board of County Commissioners of Meetings Held June 8th, 9th, and 10th, A. D. 1908. The following bills [pertaining to the Jos. H. Taylor Inquest] were presented, audited and allowed and warrants ordered drawn on their respective funds for the several amounts, viz.: … Delford Taylor, witness; Nellie Bowers, witness; John Bowers, witness … The inclusion of these individuals (‘our’ Isaac Taylor’s son, daughter, and son-in-law) as witnesses confirms that the Isaac Taylor involved in the killing of Joseph H Taylor was ‘our’ Isaac Taylor.
Silver Cliff Rustler, September 30, 1908
It was ordered that Isaac Taylor be allowed to redeem Tax Sale certificates No’s 6448, 6689, 6911 and 7203 on the N.W. ¼ of Sec. 17, T. 22 S, R. 70 W., and 7 acres and improvements in Wetmore and personal, upon the payment of the face of same and the payment of all redemption fees. Done providing same be paid within 30 days.
This also supports that this is ‘our Isaac Taylor’. He was granted his homestead farm was in the northwest quarter of section 17 (T22S, R70W) in 1904 and had 7 acres in Wetmore that he purchased in 1892. I suspect that these Tax Sale Certificates are indication that he used his lands a collateral in securing his Bail.
A Kiosk Quote Unlocks Family History
Below is a photo of the Wetmore Kiosk Panel with the quote by Dennis Cox that helped Jay Montgomery learn more about his great-grandfather, Issac Taylor.
Jay writes after visiting Wetmore, attending a meeting of the WHG&HS, and meeting his cousin Dennis Cox,
“One of my more memorable moments was when I discovered Dennis Cox’s quote on the “Hard Land, Independent People” Historical Marker about his (my) great-grandfather Isaac Taylor killing his brother. At the time I was actually more excited about learning that Isaac had a brother named Joseph! With that info, I thought I could finally track down Isaac’s parents. My Grandmother had always told me that her father was orphaned at an early age and he/she knew nothing about his family and the name of Isaac’s father on his death certificate had never resulted in any sort of family match. With the information provided by the Wetmore Historical Marker, I was able (I think) to track down Isaac’s parents.
Once that was done, I turned my attention to learning more about this shooting of his brother. The one article I found among the WHG&HS records suggested the dispute was over Isaac trespassing on Joe’s property. Digging a little deeper, it seems more complex than that. I found about a dozen articles that dealt with the killing. It was apparently quite the sensation for sleepy southern Colorado!”
