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Sensational murder trial; killers first to be executed in Nebraska's electric chair
The two men who conspired to commit murder in Howard County in July 1917 made it into the Nebraska historical record. Not for the murder itself, but rather they entered the historic record when they became the first to be executed in Nebraska's newly adopted electric chair.
The two men, Allen Vincent Grammer, just 21, and Alson B. Cole, 20, agreed to kill Grammer's mother-in-law, Lulu Vogt of Elba. Grammer anticipated he would come in to a large inheritance from her estate.
Cole first discussed using poison, but Grammer insisted it would be better to shoot the older woman and conceal her body in some out-of-the-way grain field or river. Grammer offered Cole $500 to kill Mrs. Vogt and Cole agreed, accepting $25 as a down payment.
The men met twice to discuss how to carry out their plan. Once they met in a wooded area so as not to be seen together. They finally agreed to have Cole lure Mrs. Vogt from her home under some pretense. They decided that Cole was to offer to drive her and drive to a bridge and throw the victim into the Loup River. They figured the victim would not be found for a very long time, thereby destroying any evidence.
In the early morning hours of July 5, 1917, Cole, driving Grammer's car, went to Mrs. Vogt's home and told her there had been an accident involving a family member. He offered to drive her to Grand Island. He drove to a bridge but there was a so much traffic coming along the road he abandoned that part of the plan.
After driving a few miles, he stopped along the highway. He pulled a .22 caliber pistol and shot her in the head and pulled her from the car. Leaving the victim in the roadside ditch, he drove away into the night. He threw the gun into the river when he crossed a bridge.
The body was found in the afternoon by a farmer going to work in a nearby field.
The next day Grammer met Cole in Grand Island and got his car from him. Grammer told Cole the body had been found and he had better get out of town. He gave Cole $20 and told him that he would send him the rest of the money after Cole had settled down somewhere.
Grammer traded his car for another. He would later tell investigators that he wanted to distance himself from the "murder car."
The discovery of the body shocked the close-knit communities throughout Howard County. Mrs. Vogt was well-known and well-respected. She was loved by all who knew her. She was quick to come to the aid of the sick or unfortunate.
A coroner's inquest was called and testimony taken. The coroner's s jury ruled the death a homicide.
A full-scale investigation got under way. The investigation was lead by Howard County Attorney Charles Dobry and Howard County Sheriff W.H. Atwood. Sheriff Gus Sievers of Hall County offered his assistance. William Cords, a former Hall County sheriff's deputy and now a private detective, offered his help.
In an emergency meeting, the Howard County Board of Supervisors authorized hiring the Pinkerton Detective Agency to assist in the investigation. They also offered a $1,000 reward. The Vogt family offered to match the reward.
At the coroner's inquest Allen Grammer testified that he had spent the Fourth of July celebration at the home of the murder victim, along with his family. He testified that his car broke down and he had it towed by a Grand Island repair garage.
This untruthfulness proved to be his undoing.
Attorney Dobry and Sheriff Atwood checked Grammar's story at the repair garage in Grand Island. When they learned that Grammer himself had brought his car in and traded it for a roadster, they set out immediately for the community of Palmer. Grammer was arrested and brought to the jail in St. Paul.
Both men sensed a strong emotional sentiment in the community and feared the St. Paul jail would not withstand an assault by a group of determined men. Secretly and quietly they drove Grammer to Grand Island and boarded the eastbound train to take him to the state penitentiary.
The next day it was announced in the newspapers that Grammer had confessed. No details were given to the newspapers.
After finding a letter at Grammer's home from Cole asking for his money and giving his location in Wisconsin Charles Dobry and St. Paul's' night policeman E.G. Highly and a Pinkerton detective went to Janesville, Wis., and arrested Alson Cole. When they returned to Nebraska, Cole was taken directly to the state penitentiary.
Two days later it was announced that Cole had also confessed. Again, no details were given to the newspapers.
After being postponed twice, the district court convened March 11, 1918, in St. Paul for the trial of Grammer and Cole. District Judge Bayard Paine of Grand Island was the presiding judge. Howard County Attorney Charles Dobry was assisted by William Bell of St. Paul and Willard Prince of Grand Island.
The attorneys had to examine 293 potential jurors before a jury was empanelled. They had great difficulty finding eligible men to serve. In 1918, in Nebraska, women were not permitted to serve on a jury. It took nine days to get jury selection completed.
The courtroom was packed to standing room only. The hallways were filled with people who arrived too late to get a seat. Many people brought their lunch to eat in the courtroom rather then give up their seats.
As the trial was getting under way Coles' attorney stunned the courtroom when he stood to address the court. He withdrew the "not guilty" plea for his client and entered a plea of guilty. He would later explain at the end of the trial that his client wished to ask the jury for mercy.
Dobry began presenting witnesses to prove what he said was "a cold-blooded murder plot."
After considerable testimony from several witnesses on how the confessions were obtained and how they were put into writing, both were entered into evidence.
The letter from Cole to Grammer was introduced into evidence. Everyone in the courtroom knew these documents sealed the men's fate.
Grammer took the stand and denied any involvement in the murder of Mrs. Vogt. He was unable to explain the inconsistencies in his testimony at the coroner's inquest. He explained the letter from Cole by saying he owed Cole $50 for farm labor.
After the prosecution and defense had presented their cases, the judge instructed the jury that since Cole had pled guilty, they had only one task as to him. They had to determine if his punishment should be life in the penitentiary or death.
As to Grammer, the judge instructed the jurors that they had two tasks: determine if Grammer was guilty or not guilty and, if guilty, fix his punishment at life in the penitentiary or death.
The jury was out all night. At about 5:30 in the morning the jury foreman notified the court bailiff that they had reached a verdict. Judge Paine convened court at about 6:15 in the morning.
The jury foreman reported that each man was found guilty and the jury reported they had determined and fixed their punishment at death.
Both Grammer and Cole showed no emotion as the jury verdict was read. Grammer's wife and father sat silently in the courtroom.
Following the trial and sentencing, a nearly three-year effort began to spare the men from the electric chair. The attorneys for both Grammer and Cole filed appeal after appeal to the state and federal courts. Reprieve after reprieve were issued by the courts.
Throughout the appeal process, Cole had received 16 reprieves from his destiny and Grammer had received 14.
On Dec. 20, 1920, all the appeals and maneuvering by the attorneys came to an end. The executions were scheduled for 3 p.m. An executioner from Boston had been sent for and arrived the day before.
Grammer was first in the chair and was pronounced dead at 3:22 p.m. Cole died at 3:35 p.m.
Thus ended one of the most sensational murder cases in Nebraska's history. Grammer and Cole were the first to be executed in the Nebraska's electric chair.
Historical footnote
Fifteen executions have taken place in Nebraska's electric chair since 1920.
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