Soapy Smith's Soap Box

April 2, 2024

"Big Ed" Burns in Cripple Creek - Story of robbing a dying man.

CHIEF OF CONS
The Morning Times
(Cripple Creek, Colorado)
February 15, 1896
Courtesy of Mitch Morrissey

ig Ed Burns robs a dying man?

Mitch Morrissey, a Facebook friend and historian for the Denver District Attorney’s Office, found and published an interesting newspaper piece on "Big Ed" Burns, one of the most notorious characters in the West. Burns was a confidence man and crime boss who is believed to have met Jefferson Randolph "Soapy" Smith in Tombstone, Arizona, or one of the surrounding towns in 1882 where Burns was the boss of the top and bottom gang best known in and around the Benson area. Burns later joined Soapy in Denver and followed him to Creede and Alaska.
In 1889 a man was shot and killed in the Palace Theatre which was run by Bat Masterson at 15th and Blake Streets in Denver. Burns and some of his men were in the house at the time and before the victim of the unknown assassin had breathed his last. Burns took the opportunity to rob the fallen man of a large diamond stud. Burns escaped the officers and before it was reported to Denver District Attorney Ledru R. Rhodes (1886-1889) he left Denver and was never punished for the offense.
How much of the newspaper article is accurate? Below is the text of the newspaper article. Following the article is some research information I have found over the decades.

The Morning Times
Cripple Creek, Colorado
February 15, 1896

CHIEF OF “CONS.”
Big Jim Burns, Gold-Brick Swindler, Visits Cripple Creek and Sleeps in Jail.

"Big" Ed Burns, one of the most notorious characters in the West, was arrested last night by Officers Clark and Reynolds. Burns is known all over the United States, and has been known to turn a bunco trick in St. Louis and Chigago [Chicago] on the same day. He will do anything from robbing a coop to a gold brick swindle. He was in Leadville in the early days and was mixed up in a killing in Chicago. He has been chased out of all the larger cities in the West, but strange as it may seem, has only done about eight years all told. He usually has a gang of men around him that are as desperate as himself, and the community where they stop suffer greatly from the depredations inflicted by these men.
In 1889 a man was shot and killed in the Palace theatre In Denver, which was then run by Bat Masterson. Burns and some of his men were in the house at the time and before the victim of the unknown assassin had breathed his last, Burns had robbed him of a large diamond stud. He escaped the officers and left the country and was never punished for the offense. He has been arrested for robbing hen roosts and selling brass bricks for solid gold.
The brick scheme was worked by him more successfully than his other games, as he invariably caught his man at night and sold him the bricks under the shades of darkness. His appearance helped him on his scheme no [?] and when he was making a "front," would resemble a man of considerable means. He is about six feet one inch tall, has a rather good-looking face. His stomach is enormous and he weighs about 240 pounds. When he "lies up" for a front he wears a silk hat, a long Prince Albert coat, patent leather shoes and on his shirt front a cluster of diamonds. He also wears a very large diamond ring on his right little finger and carries a heavy gold headed cane in the same hand.
When dressed thus, he is ready to sell gold bricks. When working this he stops at the best hotel in the city and becomes acquainted with all the prominent men stopping there. He picks out a man who he thinks is the easiest worked, and in confidence tells him about some gold bricks which he-owns. He don’t want to sell them, O no, but would like to borrow some money on them. The man would look at them and that night they would take the bricks in a grip and go out of the city limits to be away from prying eyes. Here they would open the grip, take out the bricks and with a file scrape the edges into a paper and take these to the city to have them tested. Of course the filings would be gold and the next night the money would be loaned. When the time expired for the bricks to be redeemed the man who held them took them to the mint or a jeweler to be sold, where he found their spurious nature. In the meantime Burns would be swelling around another part of the country on the money gained in this way.
Where Burns has been for the past three years no one seems to know. He arrived yesterday morning and slept in jail last night. He arrived alone but his men are supposed to be on the way and they will be "landed" as soon as they arrive. The charge of vagrancy is placed against him and he will be given hours to leave. He says he came in from Pueblo, but it is thought he came from Oklahoma.

So how accurate is the Cripple Creek newspaper?

[The following information comes from Alias Soapy Smith: The Life and Death of a Scoundrel]

Burns’ first known arrest in Denver was in June 1883. During a second arrest two months later, he escaped in handcuffs.
In 1887 while in Santa Monica and Los Angeles, he was arrested at least three times and was the defendant in the first recorded court case of the shell game in Los Angeles.
In Denver in late April, early May 1889, Burns received fifteen days for stealing a valise.
Within two months he was arrested for waving a pistol around on 32nd and Holladay streets, vowing to shoot someone. His wife had run off with another man, and he was searching for them.
In 1890 Burns was in Denver where he was known as a smooth operator. On July 16, 1890, Chief of Detectives Loar gave him twenty-four hours to leave the city [note that I do not include the 1889 dying man robbery. I did not find the story in Denver newspapers].
Burns then vanished until 1892 when he showed up in Creede, probably as a member of the soap gang. He dropped in and out of the gang as he traveled around the state.
In February 1896 he was with Jeff and “ten fierce men” when arrested for vagrancy in Cripple Creek and ordered to leave [this is likely the foundation of the newspaper article in The Morning Times].
On March 10, 1896, in Denver, he witnessed the saloon shooting of Aquilla “Dick” Hawkins. The Denver Evening Post wrote, “He was never suspected of earning a dollar honestly, and was always regarded as a crook who might be guilty of committing any crime from petite larceny to murder.”

MY THOUGHTS

For the most part the Morning Times article is accurate in regards to Burns' past in Chicago, Leadville, etc. It's hard for me to accept the story regarding the Palace Theater and Burns' robbery of the dying man, based on the lack of a Denver newspaper confirmation. I'm not saying it didn't happen though. The date and vagrancy charge is true, but something the newspaper missed is that Burns was traveling with Jefferson Randolph "Soapy" Smith who apparently escaped notice in the papers.

Visit the Soapy Smith Soap Box blog

Nov 13, 2009
Feb 10, 2010
May 20, 2010
Sep 12, 2010
Apr 07, 2011
Apr 04, 2020

"Big Ed" Burns: pages 43, 77-79, 101-02, 120, 176, 210, 405, 487, 489, 571.

"Horse sense is a good judgment which keeps horses from betting on people."

—W.C. Fields

March 31, 2024

Soapy Smith's Tivoli Club Denver location, 1887-1973.

TIVOLI CLUB
(far left)
Circa 1887-1894
Jeff Smith collection

(Click image to enlarge)

HE HISTORY OF SOAPY SMITH'S TIVOLI CLUB LOCATION, 1887-1973.

The business name of "Tivoli" remained until at least 1937!

Between 1887-1894 confidence man Jefferson Randolph Smith II, more commonly known by the alias of "Soapy" Smith, ran a saloon and gambling house he christened the "Tivoli Club," and the theories vary as to why the name "Tivoli" was chosen. One theory is that Jeff Smith picked the name "Tivoli" in honor of where he met Mary Eva Noonan, his future bride, at the Tivoli Beer Hall attached to "Big Ed" Chase's Palace Theater. Another theory is that as Ed Chase was Jeff's partner in the enterprise, that he pushed for the name "Tivoli."

Palace Theatre
Tivoli Beer Hall
Managed by William Deutsch

William "Henry Dutch" Deutsch was a Denver business property owner and business manager in the 1880s-1911. His story, as currently known, begins on March 6, 1881 when the Rocky Mountain News lists him as the manager of the Tivoli Beer Hall and gaming annex for Ed "Big Ed" Chase’s Palace Theatre. The Denver Republican for June 13, 1882 states that Deutsch left the Beer Hall, opening the Lyceum Vaudeville Theater in South Pueblo, Colorado. One year later, the Rocky Mountain News (June 3, 1883) states that he is proprietor of the Tivoli Variety Theatre in Pueblo and proprietor of the Tivoli Beer Hall in Denver. Deutsch obtains property in Denver on Seventeenth and Holladay streets (later named Market) in 1886. He builds the Deutsch block, where in February 1888 he receives permission to open a saloon at that location. In the 1887-1888 Denver city directory he is listed in the city directory as proprietor of the Alhambra Beer Hall at 1321 Seventeenth Street, on the southern end of his Deutsch block. In the 1889 directory he is listed as the manager of the Alhambra Beer Hall. Soapy Smith's Tivoli Club is located on the northern end of the Deutsch block. That Deutsch built and managed the Alhambra Beer Hall means that it is probable that Soapy Smith and the soap gang used the Hall in their criminal activities.

At the time I was researching for my book I stopped researching the history of the building after 1895 as it was no longer Soapy's place. What I didn't know at the time, is that the business name of "Tivoli" continued on for at least another 42 years! Was it just a coincidence, or was it in honor to Soapy Smith?

Denver 1908
"Tivoli" circled in red
Courtesy of Visit Denver

(Click image to enlarge)

It all started in 2011 when I located a large map of Denver dated 1908. Zooming onto 17th and Market Streets where Soapy's Tivoli Club was located (see above pic with red circle) at 1337-1339 17th Street, the south-east corner of 17th and Market Streets, I found the name "TIVOLI" on top of the building. The address of 1337 refers to the upper floor and the lower floor was 1339. What sort of business ran there was a mystery to me at that time. Was it a saloon? A gambling house? A restaurant or a hotel? At first glance I surmised correctly that the individual that took over the Tivoli Club location kept the name, and that it continued to operate under that name. Upon closer inspection of the map I could see that the south section of the building (Deutsch's building) that held the Tivoli Club appeared to have been altered or rebuilt. At the time, based on this bird's-eye drawing, I believed that most of the original Deutsch block had been torn down except for the portion containing the hotel, but later found that the entire block had remained as it was when it was built in 1887. I believe the artist just made a minor mistake in making the "map." Although the map is dated 1908 many of the old buildings and businesses that Soapy knew, still existed so the map continues to be a great aid.

Denver 1908
Full map
Courtesy of Visit Denver

(Click image to enlarge)

I went through my files and to the Denver Public Library online and researched the Denver directories for the years 1896-1972. Unfortunately, not all the Denver directories are online so I have gaps in the history.

1888

In the 1888 Denver directory there are three names, all being members of the soap gang, listed as residing at 1337-1339 17th Street, but the name "Tivoli" does not appear until the 1889 directory is published.

1889

The directory lists 1337-1339 as "Tivoli Saloon, 17th, se. cor, Holladay." Note that "Holladay" Street was changed to Market street in 1889, but too late for the 1889 directory publication.

Tivoli Saloon
1889 Denver directory
Courtesy of the Denver Library

The directory lists two soap gang members residing upstairs at 1337 17th, John Bowers and William Lorimer, of whom I believe that his friends called him "Billy Larimer," after Larimer Street which crossed 17th Street. Soapy wrote a poem entitled "Billy Larimer" which was published upon Lorimer's passing in the Denver Mercury, March 31, 1894.

Lorimer ("Larimer") had died in his room located above the Tivoli where he worked as a bartender. The poem can be seen in Alias Soapy Smith: The Life and Death of a Scoundrel, pages 321-22.

That there were bedrooms upstairs is interesting, and even more so with members of the soap gang residing there including John Bowers, James Thornton, William Turner, Jeff Dunbar, Albert Hoffses and others. These rooms no doubt kept the gang close to the bunko action on the "streets of doom," the name given to 17th street between Wynkoop and Larimer Streets. It is also likely that the rooms were used for swindles and fake offices, as some of the names of the gang listed businesses located there.

1890

In the directory, William Deutsch and his brother Robert are listed for 1339 17th Street, the downstairs saloon of the Tivoli Club. William is listed as the proprietor. William was the property owner and builder of this entire block building in 1887. He leased the corner property to Soapy Smith and Ed "Big Ed" Chase. During this period it was common for Soapy and Ed Chase to list other individuals as "proprietors," to protect the empires of the real proprietors, Jeff "Soapy" Smith and Edward "Big Ed" Chase. It did not fool the police or the newspapers, as every time the "Tivoli Club" was mentioned in the newspapers, Jeff Smith's name was included as the owner. It is possible that Deutsch was a side partner in the saloon and gambling house. Robert is listed as a barkeeper of the saloon. This is the first I have learned that William Deutsch had a brother, let alone one that was involved in the Tivoli Saloon business.

William and Robert Deutsch
1890 Denver directory
Courtesy of the Denver Library

1891

The 1891 Denver directory lists Soapy and Ed Chase. "Smith and Chase, (Jeff. R. Smith and Ed. Chase,) club rooms, 1337 17th." It is the first and only time Chase is listed as a partner.

Smith and Chase club rooms
1891 Denver directory
Courtesy of the Denver Library

Interesting to note is that the 1891 and 1892 directories list "Mrs. Sarah A. Clark, furnished rooms." In the latter 19th century madams advertised their businesses in various ways, and advertising "furnished rooms" included a soiled dove. If this is true then it is circumstantial evidence that Soapy may have been involved with prostitution, or at least rented out rooms to a madam.

"Furnished rooms"
brothel or cribs?
1891 Denver directory
Courtesy of the Denver Public Library

1892

In 1892 the name "Tivoli Club" is not listed in the city directory, and only soap gang member James Thornton is listed at 1339 17th Street.

1893

In 1893 the Tivoli Club rooms under Jefferson R. Smith is listed simply "club rooms."

Jeff Smith club rooms
1893 Denver directory
Courtesy of the Denver Library

1894

In 1894 the saloon is again listed under proprietorship of William Deutsch. However, every newspaper story about the Tivoli Club included its owner, Soapy Smith. In this year Soapy also opened other saloons, such as the Midway saloon located in the Chever Block on the N.E. corner of 17th and Larimer.

William Deutsch saloon
1894 Denver directory
Courtesy of the Denver Library

After 1894 Soapy's (Jeff R. Smith) name is no longer listed in the directory, or in association with the property at 1337-39 17th Street.

1895

In 1895 Soapy fled Denver during his and his brother, Bascomb's trial for the assault on John Hughes, manager of the Arcade restaurant, saloon and gaming house. When Bascomb was sentenced to one year in prison, Soapy didn't see any hope of staying out of prison himself, so he escaped Denver becoming a fugitive of the court.
As a partner in the Tivoli Club business, it is possible that Ed Chase, played a role in operating the Tivoli business in Soapy's absence, but only William Deutsch's name is listed between 1894-1911.
Not a lot is known of the relationship between Soapy and William Deutsch, but if it had been a bad one, I would think he would have ceased using "Tivoli" in the name. Was there a business reason to keep the name "Tivoli" until at least 1937? Did he keep the name for 40 more years in honor of his old friend and business associate, Jefferson Randolph Smith? Those that know the history of Soapy, via my book, Alias Soapy Smith: The Life and Death of a Scoundrel, know that Soapy was very good to his friends and those that worked for and with him, and they remained loyal in life, and after Soapy's death. So, could keeping the Tivoli name have been a tribute to his friend, Jeff "Soapy" Smith?

1896

In 1896 Deutsch renames the saloon as the Tivoli Sample Room.

Tivoli Sample Room
1896 Denver directory
Courtesy of Denver library

Deutsch had new business cards printed up, and his name also appears on a personalized glass whiskey flask, the label reading, “Fine Old Monogram whiskey, Bottled expressly for Wm. Deutsch, Tivoli Seventeenth and Market Street, Denver Colo.”

Tivoli Sample Room
WM. DEUTSCH, PROP.
Courtesy, Geri Murphy collection

MONOGRAM WHISKEY
Tivoli (Sample Room)
Courtesy, Jerry Hazalet collection

1905

In 1905, Miss Jennie Clauson is listed as the proprietor of The Tivoli at 1337 17th (upstairs). Was this another tactic to hide the criminal activities of the gamblers and bunko sharks who used the rooms upstairs for illegal operations and swindles? Was Miss Clauson using the upstairs section for a brothel? Or, was this the beginning of The Tivoli hotel?

The Tivoli (hotel?)
1905 Denver directory
Courtesy of the Denver library

The Tivoli, lodgings
1905 Denver directory
Courtesy of the Denver library

In the same 1905 directory I found about 20 residents in the rooms, men and women, and no known bunko men living there. William Deutsch is still operating the Tivoli Sample Room downstairs.

Tivoli Sample Room
1905 Denver directory
Courtesy of the Denver library

1907

William Deutsch is proprietor of the Tivoli Sample Room downstairs, while Fred G. Schwab operates The Tivoli upstairs. Another mention of The Tivoli in the 1907 directory reads "furnished rooms." Is it a real hotel, or are some (or all) of the rooms being used for a brothel?

Tivoli Sample Room
1907 Denver directory
Courtesy of Denver library

The Tivoli (hotel)

Fred G. Schwab, prop.

1907 Denver directory

Courtesy of the Denver library

The Tivoli, furnished rooms
1907 Denver directory
Courtesy of the Denver library

1911

William Deutsch still lords over the Tivoli Sample Room, but it is the last year that his name is listed. Did he sell out? Did he pass away? I could not find a detailed biography for him.

The name of The Tivoli changes to Hotel Tivoli with the coming of a new proprietor, Robert Anderson.

Tivoli Sample Room
1911 Denver directory
Courtesy of Denver library

Hotel Tivoli
Robert Anderson, prop.
1911 Denver directory
Courtesy of the Denver library

1915

The Hotel Tivoli is still in the directory. However the saloon is now under the new name, the Lion Liquor Company.

Lion Liquor Co.
1339 17th
1915 Denver directory
Courtesy of the Denver library

1916-1936

For the next twenty years the Hotel Tivoli does not appear to change. Big change comes for the downstairs saloon as Prohibition (1920-1933) is enacted, ceasing any legal operating of a saloon business. The Tivoli Hotel is listed in the 1923 directory, but there is no mention of it in 1924, nor the addresses of 1337 and 1339 17th. This does not mean there was not a saloon "open" for the discreet drinker, only that the city directory naturally did not list it.Ed Chase died September 27, 1921, If he hadn't sold off his part of the business, and he didn't own the building, did he just let it revert back to William Deutsch at the start of Prohibition?

1937

1937 witnessed new proprietor's, probably new owners as well, for both upstairs and downstairs. Upstairs (1337 17th) is still the Tivoli Hotel but the listed proprietor is Hilma Nylander ("wid I W" [widow of Isaac W. Nylander]). In the 1940 census Hilma is listed as the manager, with 17 guests, meaning that with Hilma staying at the Tivoli, there were at least 18 rooms. Downstairs (1339 17th) has changed business to the Plecone and Sons restaurant, which may still have an attached saloon.

Tivoli Hotel and Plecone Restaurant
1337 and 1339 17th
1937 Denver directory
Courtesy of the Denver library

The Denver directories between 1937-1950 are not online.

1950

The 1950 Denver phone book lists a name change for the hotel, bringing an end to the use of "Tivoli." The Denver Hotel is listed at 1337 17th, but no business is named or listed for the first floor at 1339 17th. Could a bar (saloon) or restaurant on the first floor have been combined with the new owner of the hotel upstairs, and under the same business name?

Denver Hotel
1337 17th
1950 Denver directory
Courtesy of the Denver library

1972-1973

The next phone book I could access was for 1972. Ironically, there was no listing or phone number for the Denver Hotel, but photographs of the outside of the building clearly show a sign reading "Denver Hotel." At some point between 1937-1950 the name of "Tivoli" is removed. What other business names may have been used is unknown at this time.
In 1971 the Ginn Mill Bar was located on Larimer Street. In 1972-73 The Ginn Mill on Larimer is no longer listed and the Ginn Mill (restaurant?) and Ginn Mill Tavern opens at 1339 17th street, the location of the Tivoli saloon. Was the proprietor the same for both businesses? The Ginn Mill is later known as "Denver's Oldest Bar." So was it the oldest bar in Denver? How far back are they talking about? There was the break, during Prohibition when all saloons were supposed to be closed, thus not advertised. Did the location remain a saloon, right up to the year the building was razed? If that is the case, having opened in 1887, then yes, it would have been the oldest bar, had developers not razed the Deutsch block building.

Ginn Mill
1339 17th
1972 Denver directory
Courtesy of the Denver library

Ginn Mill Bar and Denver Hotel
1337-1339 17th Street
1973-75 Denver directory

Visit the Soapy Smith Soap Box blog

Tivoli Club
Dec 09, 2008
Jun 04, 2009
Jul 19, 2009
Jul 23, 2009
Aug 11, 2009
Jan 29, 2010
Apr 11, 2010
Feb 28, 2011
Jun 23, 2011
Nov 18, 2011
Feb 23, 2012
Jan 14, 2014
Dec 26, 2014
Dec 22, 2015
Oct 29, 2016
Oct 30, 2916
Feb 07, 2020
Jun 23, 2020
Aug 15, 2021

William Deutsch
Jan 02, 2009
Aug 15, 2021

The Tivoli Club: pp. 79-81, 89, 120, 124-29, 131-32, 138-39, 171-72, 176, 182-83, 185, 188, 190, 197, 247-48, 256-57, 260-64, 272-78, 283-84, 286-87, 324, 336, 338, 352, 358, 389, 420.
William Deutsch: pp. 80, 131-32, 248.

"There is but one good throw upon the dice, which is, to throw them away."

—Author Unknown

January 10, 2024

THE DUEL IN ELLEN'S HONOR: Soapy Smith’s grandmother

HE DUEL IN ELLEN'S HONOR.

Soapy Smith’s grandmother

On Wednesday, August 9, 1820, an argument between 17-year-old, James Bowe Boisseau (1802-1820) and Robert C. Adams (unknown-1820) vying for the attention of 18-year-old Ellen Stimpson Peniston (1802-1860), took a terrible turn. The happy party in her honor took a tragic turn when the competition for Ellen’s affections ended in a deadly duel, in which both young gentlemen were killed. The gun-duel took place in a secluded yard behind the Old Blandford Church and cemetery, 319 South Crater Road Petersburg, Virginia.

There are family stories, along with a letter written in 1903 by Ellen's brother, John G. Peniston (1811-1906), pertaining to his sister and the duel. With the coming of the internet a lot of details have been dug up, giving us a better look at the tragic incident and the young woman, Ellen. The letter was written when John was 92-years-old, and was transcribed decades later by family genealogist, Ellen Peniston Rafeedie. I do not have the original letter, nor have I seen a copy; thus, I cannot determine how much of the transcription below is a true copy of the original letter in regards to grammar, spellings, punctuation, capitalization, etc.

Ryan, Ind. Territory [Oklahoma]
March 26, 1903

My own dear Niece:
Mrs. Ellen S. Faver

I was very glad to receive your kind grattifying[sic] and unexpected letter. I assure you it aroused the slumbering ties of consanguinity, and as I read it, over and over it bore the impress on memories page of my own dear Saintly Sister Ellen, whose christian[capitalize] soul and wonderful personality, stamped her in early life the Bell[e] of Virginia.
I regret that I cannot give you all the particulars of that fatal duel., between Adams an Boisseau. I think the circumstance this – Sister was boarding after the death of our Parents with the Aikin family. They gave her a party on a Magnificent Scale. - both of the young men were present, and nothing seemed to mar the pleasures of the enthusiast[sic] Adams brought refreshments to Sister, which offended Boisseau. They quarreled and he challenged Adams-they fought at Old Blandford Cemetery, and both were killed, - Adams may have addressed my Sister – both were prominent young men – Of course Sister had no control of the sad affair – But I think it clouded the future of her promising life.
Several days ago, I answered a letter to your Uncle William A. Smith – He wanted to know the antecedents of the Peniston’s, - I deeply regret my incompetency to give a full and reliable statement, being only 4 years of age on the death of my Parents 1816 And the information I gave William A. I learned from others – Please see William as intended the letter for Dr. Lum – Dr. Henry and all my relatives – I regret that I did not mention my youngest brother, Dr. Thomas Peniston, he was a Professor in the New School of Medison[sic] in New Orleans, and was a Success in life. I dearly loved him, he loved his family- and on his return from Europe he gave me a good deal of information about our family- He died in New Orleans in 1865 and I think was interred in Baton Rouge Cemetery alongside his two oldest brothers and Sister Catherine- If I could ever have the pleasure of seeing you all again I have much to tell you- Two of my sons, Wayne and Ernest expect to go to New Mexico in a few weeks- Columbus S.[Smith] lives in Ryan and is doing well and now I must close, ever affectionately yours

J.G. Peniston.

THE DUEL.

The two young men agreed to fight a duel near a secluded church lot. Both being apparent good pistoleers, they shot and killed one another. The following comes from the Genius of Liberty, Petersburg, Va., August 22, 1820, p. 2.

PETERSBURG, VA. -
Aug. 11.

A duel was fought on Wednesday last, near the brick church in Blandford, by Mr. Robert C. Adams and James B. Boisseau, of this town, which unhappily terminated on the death of both!
The distance taken by combatants was nine feet -- the first fire proved ineffectual; but at the second, Mr. Boisseau received his antagonists' ball in the right breast and fell lifeless.
Mr. Adams received the ball of Mr. Boisseau in the right side a little below the false ribs, and survived about two hours. Of the nature of the quarrel which gave rise to this fatal meeting, we are not informed. Thus at the shrink of the mistaken honour, have those young gentlemen sacrificed themselves.”

Jame’s parents were Benjamin Boisseau and Mary Eppes.

It has been written that Ellen never completely got over the fact that she had been partly responsible for the deaths. The attending physician at the fight was Ira Ellis Smith, who within seventeen months would take Ellen as his bride.

After the death of her parents Ellen was boarding with another family [Aikin]. Admiring friends gave her a party in her honor. During the evening Robert Adams brought refreshments to Ellen, which offended James Boisseau. The two men quarreled, ending with James challenging his rival to fight a duel. The next day the word came to Ellen that both men had been killed. A sad shock to her, though it is said that she loved neither of them. Both men are interred in Old Blandford church cemetery where the duel took place.

One of the dueling pistols used in the duel may be seen at the Old Blandford Church museum.

One of the pistols used in the duel
The card and possibly a corresponding letter are illegible
Courtesy of VA Travels, YouTube video
and the Blandford, Church Museum

(Click image to enlarge)

A family letter reads, [Ellen’s] “accomplishments equaled her personal charm, so it was no wonder that she should have many lovers.” Some blamed Ellen for the deaths, including the families of Boisseau and Adams, causing her great distress, and she never escaped feeling responsible.

Adams and Boisseau were from prominent families. I found the following email from A. S. Boisseau to Anne Stiller (January 1999) with the Boisseau side of the history.

This James B. Boisseau was killed in the duel at Blandford Cemetery, and was reported in newspapers across the state (I have copies from 10 or 11 different papers).
The story runs that about the year 1820, Ellen Peniston, of Petersburg, Va., engaged herself to two young men at the same time, in a spirit of harmless coquetry, but the two gentlemen took the matter seriously enough to fight a duel over it. They were named Adams and Boisseau, and the fatal encounter took place just back of the old Blandford church, in a pine grove now marked by the graves of the Hamilton family. The two former friends fell dead at the first shot, and the vain and thoughtless girl lived to mourn their hot-headed deed the rest of her life, which continued to a ripe age. (Annals of the Fowler Family Author: Glenn D.F. Arthur Call Number: CS71.F681x, p. 149) Killed in a duel at Old Blandford Church, Petersburg, VA where he fought a man named Adams for the affections of Miss Pennister[sic], a celebrated beauty. Both men, young college students, died almost simultaneously.

Not sure I agree with the "vain and thoughtless girl" part, but we have to remember this was written from the other side of the fence and that's just the way they may have seen her. They might be correct if their statement is true that Ellen "engaged herself to two young men at the same time ..." By "engaged" they no doubt mean "engaged" in conversations with two men at once. Smith family history states that Ellen accepted a drink from one of the young men, which enraged the other, and the challenge was made. I am told by one historian who wrote about duels, that,

"Regency era etiquette at a party scene as was the case when the challenge was made, is that it is expected that all party guests mingle with everyone, even if dating or promised to one man or woman. Ellen had no control or voice in the matter once the dueling challenge was made. With all that said, if a woman is the core reason for a duel, the women is blamed by society."

ELLEN STIMPSON PENISTON

Ellen Stimpson Peniston was born March 4, 1802 in Petersburg, Virgina. Daughter of Samuel Peniston and Ariana Sleymaker. She was never able to hold her grandson, Jefferson R. Smith, in her arms, as she passed away just eleven days before he his birth.

Ellen was educated in Annapolis and Baltimore, Maryland. Described as the “Belle of Virginia” and “the Flower of Georgia.” A family letter in 1932 boldly states that she was the most educated woman in Georgia.

It is written that Dr. Ira Ellis Smith [my gr-gr-gr-grandfather] was the physician present when the duel took place. Approximately one year after the duel, Ira married Ellen in Petersburg, Virginia, December 6, 1821. They had 11 children together (ten boys and one girl).

Ellen died October 23, 1860, in Coweta County, Georgia, where she rests in peace at Oak Hill Cemetery in Newnan, Georgia. Her sermon was given by Rev. Alexander Means, DD LLD., who read from Psalms 73, verses 24 and 25. In a family bible under her name it reads; "In sure prospects of a blessed immortality." She missed meeting her grandchild, Jefferson R. Smith by 11 days.

RESTORATION OF ELLEN'S PHOTOGRAPH

In 2011 during a research and presentation trip, I and two cousins took a trip to the Oak Hill cemetery hoping to find the missing Smith family graves, including Ellen's. We were there with the president of the Coweta County Historical Society, who guessed that the Smith plots might be close to the Peniston family plots. He happened to peek around a bush “fence” and to our surprise, there they all were. For decades the Smith family could not locate the graves because the cemetery had changed the name and numbering system of that location many decades ago, but did not correctly update records and plot maps, so we were looking in the wrong place.

Graves of Ellen S. Peniston and Dr. Ira E. Smith
Descendants Geri Murphy, Jeff Smith and Jeannie Schaffner

(Click image to enlarge)

Some of the early letters written by Ellen S. Peniston have been saved. Following are two examples written in 1820 from Virginia, that family member, Ellen Rafeedie, sent to me. In the letters, Ellen is corresponding with her brother, Anthony Peniston, a physician in New Orleans, Louisiana. He co-founded the School of Medicine in New Orleans, which later became the Tulane University. His portrait hangs in Founders Hall. and Peniston Street in New Orleans was named in his honor. Online, I found a medical journal (in french) from 1854 located at the Louisiana State University (1 Vol. Location: M:20 - For further information see online catalog. Mss. 339).

Petersburg,
February 3d, 1820

Dear brother

Feeling sensibly your neglect I had almost determined on the same course of conduct but my friendship conquered that inclination, and I cannot resist the pleasure of writing though I am apprehensive that either the letter or the writer (or perhaps both) will be deemed by you unworthy of your notice. Although this conclusion is deeply mortifying, and the general tenour of your past conduct should forbid such a suspicion, the sincerity and ardour of my love, produce fears as to the perpetuity of your affection and lead me to draw from your silence the most painful inference. My mind is busied and agitated with a thousand conjectures as to the cause of offence which I may possibly have given you, but the most scrupulous and impartial retrospection of my past conduct, does not furnish me with a single instance in which I can accuse myself of having deviated from the strictest rules of a sisters duty. I entreat you not to leave me in that painful suspense attendant on your silence, but either inform me by letter in what manner I have offended you, or convey to me the assurance that my fears are groundless and that I still share some portion of your fondness.
Nothing of moment has occurred since you left us. I have boarded Mary C with a lady who is capable of attending to the morals as well as deportment, Mrs Gary of Prince George. She goes to school to Mr. Branch who is sufficiently learned, as yet, she being backward in her education.
I have had the pleasure of hearing from you indirectly. The place of your residence is well known, and I am sorry you did not explain yourself explicitly, ere you left us, as you have been very much censured in this abode of friends, for the mystery which accompanied you altho' I am not acquainted with your affairs I am perfectly assured you always act from motives perfectly consistent with propriety.
Samuel has left his school and friters away his time in the street not regarding any advice which is given him by me. The other children are well. Mr. Burke will hand you this he has met with a powerful friend in Boiling Robinson, who will no doubt, advance him considerably in his literary carreer. To hear of your prosperity and celebrity in your profession is the first wish of my heart and tho' tossed about by the rude billows of adversity, I still have a sheltering port in your affection, for I cannot bids you the injustice to believe you are selfish enough to forget those whom nature and religion bids us love and cherish - it was reported you died in New York in an Oyster house. Oh! the Poisonous breath of calumny vice vegetates more luxuriantly here than in any other place I have ever known, and a knowledge of the malignity of some of our dear Petersburg friends accounts for these reports. You will perceive that in one paragraph of my letter I have taken the sisterly liberty of admonishing, and is not dread greater in use than an astronomer would receive for remarking a small spot on the brilliant orb of the sun.
Mrs A compliments and best wishes believe me to be ever yours

devotedly,
Ellen S. Peniston

In the next letter Ellen announces her marriage to Dr. Ira E. Smith.

Mount Laurel
Dec. 24, 1821

Dear brother

Months have roll'd[sic] by, hours of anxiety have suceeded[sic] each other, with out a single line to relieve my solicitude. I wrote in answer to the letter enclosed to Mr. Sproner, but imagine you never received it, any other conclusion would be too mortifying and so then is the mood soothing to affection, I adopt it with the friends he has of the truth. How many prayers do I offer up to that throne of devine[sic] mercy, for your safety and protection. Through the toil some and diversified scenes of precarious existance[sic], no selfish [illegible] can erase my anxiety, or cause me to forget the brother, my early love, the friend who supported me through the thorny path of adversity, and lighten'd[sic] the bursting heart of sorrows devoted child. Can I forget your assiduousness to tranquilize my feelings under every affliction? or cease to be grateful for the many tender proofs I have experienced, of your steady and underacting love. Rembrance[sic] cherishes them in my bosom and gratitude shall perpetuate them.
The important era in the eventful life of your sister has pass'd[sic]. I am married!!!! The marriage was solemnized at Mr. Akins before a large and brilliant assemblage of ladies and gentlemen, the 6th of this month. I am united to a man of worth, one who is universally belov'd[sic], and, whose merits an envious world is willing to acknowledge. Dr. Smith of Dinwiddie, he is a partner of Dr. Peter Haraway and as that is the case, we reside at his house in [illegible] before we commence house hunting. Mary Catherine is with us. All our brothers are well. Samuel causes me more sorrow than any thing in the world. He is in Petersburg, but has no home. He has been refused board every where he appli'd[sic] and he is too lazy to think of any alternative himself and too headstrong to listen to my advice. if you do not send for him disgrace and ruin will attend him, for you are the only person who can manage him at all. I deliver'd[sic] your letter safe to Mrs. M, who has never condescended to speak easily to me who she [illegible sentence] business and she spends in fashion and folly, his hard earnings, as soon as she can grasp at them - her mother has lately died, but the dear propensity can not be still'd[sic], not even by the hand of Death! It is astonishing to me how a mother can be so blind to the interests of her children, or a wife so destitute of affection for her husband! You will gratify me more than I can express, by sending me your miniature by the first opportunity - tis not impracticable and the pleasure of gazing on your features, though still and inanimate, will convey to your sister's bosom the most delightful emotions - a willing gaze on it and fancy, I see in the delicate combinations of that face the irradiations of your brilliant understanding and almost think the lips parting to give me a smile of love. Write to me brother. I entrust you to torture me no longer, By your neglect or deepen the wound it has already occasion'd[sic]. How shall I find words to express how warmly and affectionately I am your

sister, and friend.
Ellen S. Smith

ADDENDUM: An interesting point was made, that if the duel had never taken place, Soapy and I might have never been born. At the very least, our DNA composition would be vastly different if we were to be born.

Visit the Soapy Smith Soap Box blog