A grave marker for Simon H. Clauser at the Frieden’s Lutheran Church Cemetery, Branchdale, Schuylkill County, Pennsylvania, indicates that he was “assassinated September 5, 1874, in the borough of Hazleton.” According to the marker, Clauser was born January 7, 1843, and was 31 years, 7 months, and 28 days at his death. The story of the assassination is told here as it was reported in area newspapers.
Simon H. Clauser was the Chief of Police of Hazleton, a public official, which apparently qualified his killing as an assassination. He was also a Civil War veteran having served in the 50th Pennsylvania Infantry, a regiment that was heavily populated by men from the Lykens Valley area. By May, 1865, he rose to the rank of Quartermaster of the regiment and undoubtedly was closely known by all members. In the 1870 census, he gave his occupation as “Detective, Police” of Tremont, Schuylkill County.
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From the Harrisburg Telegraph, September 5, 1874:
Chief of Police Killed
Simon H. Clauser, chief-of-police, was killed last night by a German named George [sic] Lapp, who was drunk in the street and firing pistol shots. Clauser attempted to arrest Lapp, when the fatal shot was fired. Clauser was an estimable citizen, a member of the Masonic order and the Grand Army of the Republic. There is great excitement and threats of lynching are made.
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From the Northumberland County Democrat, Sunbury, September 11, 1874:
MURDER IN HAZLETON
Hazleton, September 5 [1874] — Last night, as Chief of Police S. H. Clauser and his assistant, Joseph Henry, were walking down town they heard a noise in the direction of the Brewery, and went down to see what it was. On the way they meet a man by the name of Fred Lapp, a brakeman on the Lehigh Valley Railroad (L. V. R. R.), and asked him what the trouble was. Instead of answering them he drew out a revolver and snapped at the assistant. The Chief of Police then said to Henry “arrest that man.” Lapp then turned on Clauser and again drew his revolver and fired. The ball took affect in Clauser’s right breast and he died in five minutes. His last words to his assistant were “arrest that man.” Lapp was arrested and put in the lock up for the night, and was taken to Wilkes-Barre jail this morning. Last night he acknowledged having shot Clauser, but this morning he pleads innocence and says he knows noting about it. From reports it appears that this is not the first time Lapp has been engaged in dirty work. He got into a quarrel some time ago and broke a man’s arm, and about two years ago attempted to kill a child. The cause of the murder last night was liquor.
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From the Scranton Tribune, September 8, 1874:
THE HAZLETON MURDER
Frederick Lapp, the man who on Friday night fired the shots which deprived of life Chief of Police Clauser, of Hazleton, was brought to this city [Wilkes-Barre] on Saturday night and lodged in the prison, where he now is. Lapp is a young married man, aged twenty-eight years, and has two children. He is a German, and had been a resident of Hazleton for a number of years, and was engaged when at work as brakeman upon the railroad. There is nothing in his demeanor that would mark him as a man of vicious or quarrelsome disposition, on the contrary his looks would recommend him as a man of the peaceable sort. He has little to say regarding the occurrence which has made him an inmate of the prison. He does not admit that he shot Clauser. No trouble existed between them; he did not even know the officer. All he says is that he returned that night from a picnic; that he was much intoxicated; that he carried a pistol; further than this he remembered nothing until he found himself locked up. A number of his friends, including his wife and children, came to this city yesterday and visited him at the prison. A large number of curious people also visited the jail during the day, anxious to get a glimpse of the man.
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The facts of the case, as presented in court, were published in the Wilkes-Barre Times Leader, October 1, 1874.
Mr. Kisner in opening the case for the Commonwealth stated the facts briefly, as they expected would be proved, and as are related by witnesses of whom testimony we give a synopsis.
Joseph Henry, sworn: I reside in Hazleton, am a carpenter and am on the police force; saw Clauser on the 4th of September near the corner of Broad and Wyoming Street, about 121 o’clock at night, at police headquarters; we heard the shot and started down the street; thought it might be train men; heard more shooting and we went on; met two men and we asked them if they had been shooting; they said they had not and we might search them; we found nothing on them; went to the next street (Popular), and met another man; we asked if he knew who did the firing; said he did not; searched him and found nothing; while I was searching the last man Clouser went on; he said, Joe, they are down here; we crossed Hazle Street and went to near Mill Street; the Chief came up to that man Lapp, who was making a noise, and asked if he had been shooting, and he had a revolver; Lapp said, stand back, and then fired as I was stepping on the pavement, on the inside, next to the buildings; Clouser was close to Lapp, almost touching him; I was on the outside, stepping on to the curb, just opposite; I did not see Lapp draw his pistol; the Chief said nothing to Lapp but to inquire if he had been shooting and had a revolver; the shooting was immediately after Lapp said stand back, stand back; after firing I said stop; he said stand back, stand back; the Chief said “oh! I’m shot, arrest that man!” I stepped off the pavement as he cocked and snapped his revolver at me; when the Chief told me arrest him he started back the way he came; he went about a half square he met a man he knew who stopped and talked with him in German; I was opposite to him when talking to this man; he turned toward the fence and I grabbed him by both arms; he had a revolver in his right hand and I took it from his hands; he said you may have it for it is empty; I said I will take care of you and he said you may take me as I have done wrong and shot the man; I will never get home and sese my family again; he then began to cry; he said several times going up I know I have done wrong, I’m gone, I’m gone, I’ll never get home to see my young family; I went back to the Chief and found him on the pavement; he was still warm, laying in front of Mr. Bachs, I went and called a number of neighbors, telling them that the Chief was dead; I also called Squire Coburn, who held an inquest at his home on Broad street: I examined his person and saw a home in his right breast; his clothing was bloody and also the pavement; the revolver I have kept ever since, (Shown in Court as it was at the time with one charge still in it.)
Cross Examined: Pistol is just as I found it; I heard two shots before we overtook him. They were fired as if by some one moving along. Second shot was not more that five minutes after first. It was a dark and cloudy night. No street lamp lighted in the neighborhood of this occurrence. I had a revolver. Don’t know whether Clauser had a revolver or not. His club was in the office. This day the Lodge had a picnic. It was some German society, at a beer garden outside of town. I had not been at the picnic. It was a mile or mile and a half out of town. A good many people had bee out that day to the picnic. I heard Lapp singing and shooting in the street before we starter to learn about the shots. Three men went down street singing. Lapp and two others. I was eight or ten feet behind Clouser when he met Lapp. Three policemen on duty that night. Lapp made no particular resistance when I caught him. Could not see Lapp’s face unless close to him.
Re-direct: I had known Lapp for three or four years. Clauser had a billy in his pocket. I did not loose sight of Lapp after firing till I arrested him. I hear him snap the revolver at me. He then turned and ran. When I caught him he said his revolver was all out and I could have it.
Dr. C. T. Palmer sworn: I am a practicing physician of Pottsville, Schuylkill County; know Clauser by sight; I made a post mortem examination; I extracted a pistol ball from the muscles of his back, the ball having entered the right breast 2 1/14 inches about the nipple between the third and fourth ribs, passing through the lungs and lodging in the muscles of the back between the sixth and seventh ribs about three inches from the spine; I found the cavity occupied by the right lung filled with blood. The ball I have in my possession (produces it), think it was shot out of the pistol shown, it is of same calibre. The result of such a shot would be fatal; his death was produced by internal hemorrhage produced by the pistol wound.
Cross examined: Clouser was a broad-chested man, five-feet eight or nine inches in height. The shot could not have been fired far from the body.
Joseph P. Salmon, sworn: I saw Lapp soon after he was arrested; after removing the body of Clauser we went to the lock-up to see if Lapp had anything on his person; Constable Dunn searched him in my presence; took from him a billy and pocketknife (Billy and knife shown to Jury). Found nothing else.
Joseph Richards sworn: I live in Hazleton; my house is next door to Mr. Bach’s, about 25 yards from where the shooting occurred; I was called and I heard someone going up street saying, stand back; someone called to me and said Clauser was shot; I got up and found Clauser lying on his face, and Scholer and I turned him ever; his eyes rolled, and we set him up, but he fell over.
Cross-examined: It was dark and cloudy that night; I had to get a lamp to see what was going on.
Mr. Rice opened the case for the defence and proceeded with the examination of the following witnesses:
Frederick Wagner, sworn: I have lived in Hazleton for ten years; have known Lapp for ten or twelve years; he is a brakeman on a railroad; on Lehigh Valley Railroad; I was at the picnic on September 4th. It was about 10 o’clock A. M. I was one of the bar tenders; there were two bars; Lapp drank several times at my bar; eight or nine times; I left the grounds about 10 o’clock that night; Lapp was not sober when he went home; could not walk alone; I walked with him; he fired two or three shots into the bushes on the way home; I left him going down Broad Street; he lives on Poplar Street and was on his way home; Lapp tended door during the evening.
Cross-Examined: Lapp stayed at the door til the picnic broke up; we walked about a mile and a half to Hazleton; I had drank beer that day, but I could help Lapp home; could not tell how many “glesses I drenk;” the tickets taken at the door were tickets of the Horagare Society; I left him about quarter past eleven; we did not sing coming in from the picnic.
Anthony Wagner sworn: I have lived in Hazleton ten years; Lapp has been brakeman two or three years; I was present at the picnic; tended one side of the bar; Lapp came to my bar and drank several times with parties who treated all round; I left the place with him about half past ten; he was drunk and staggered in his walk; he fired his revolver two or three times; we went into Barts saloon and Lapp drank three; Joseph Henry met me and searched my pockets and went on; he was three or four rods away when the shot was fired; I heard only one shot fired that night in Hazleton.
John Lapp sworn: I have lived in Hazleton 12 years; I am a brother of Fred. I am older than he; I was at the picnic; I left there about half past ten; I tended bar for Anthony Wagner when he was away; Fred was at the bar several times when I was there; I came from the picnic with Fred and others; Fred was drunk; he fired a revolver into the bushes; we went into Bort’s saloon and drank three times; Fred was full and san song; I coaxed him to go home; I took Gliem and Fred and Wagner went ahead of me; Fred crossed the track before the train; Joe Henry met me and asked who fired the shot; he felt of me and went on; in about a minute I heard one shot; I saw no one with henry; I did not know Clauser; Fred was very drunk that night.
Cross-examined: I drank at the picnic; I was, so I knew everything I did; I was not drunk, but felt I had drank some; three of us treated at Bort’s saloon; I walked with Gliem. Fred and Wagner walked ahead and crossed the track in front of the train. Joe Henry said, “Who fired that shot?” Henry went on; in about a minute after, I heard a shot; I saw Henry after he put Fred in the lock-up; the last I saw Fred, was when we left Bort’s saloon.
Mrs. Bahrt sworn: Fred and John Lapp and Wagner came to my saloon about 11 o’clock; I did not notice whether he was drunk when he came in; he said, “I am on a spree,” and wanted to stay all night; I heard a pistol shot last night after they left the saloon; I was in the house all the evening; Fred behaved himself very good in my saloon; I think it was about a quarter of an hour after they left the saloon when I heard the shot.
Cross-examined: Fred paid for what he got in my saloon; paid with a fifty-cent piece, and I give back the change; they were in the saloon about an hour; they were having a good time, don’t know what they talked about; nobody there but Gliem and this party.
Mrs. Widdig, sworn: I lived in Hazleton on the 4th of September; lived four houses from the corner of Broad and Mill Streets; heard somebody coming along singing; I said to my husband there is some one coming from the picnic; then I heard a shot fired; heard only one shot fired that night.
Cross-examined: I went to bed at half past nine; my clock stopped twenty minutes of twelve; I got up and heard the man singing; it was a dark night and I could not tell any one down where the body lay.
Peter Heiderich sworn: I boarded in Hazleton 26 years; I was at the picnic on the 4th of September; I saw Lapp there; I saw him drink five time inside of fifteen minutes; he was in pretty good condition in the afternoon; in the evening he was pretty full; Lapp was a member of the lodge; I am a merchant and Lapp bought goods of me.
Cross-examined: I drank three or four glasses in the afternoon. I was never drunk in my life.
Nicholas Wiegand sworn: I am a juryman this week; I was at the picnic; I was chief marshal that day; I saw Lapp at the picnic; I saw him past eight in the evening.
Cornelius Volkenand, sworn: I have known Fred Lapp since 1864; saw him at the picnic; saw him drink considerable; last I saw of him he was full; I should call him drunk; that was baout 9 o’clock; I have lived in Hazleton 17 years; I am a hotel keeper.
John Helwick, sworn; I lived twenty years in Hazleton; have known Fred Lapp ever since I lived there; saw him at the picnic; saw him drink beer several times.
Frederick Haas, sworn: Have lived seventeen years in Hazleton; was at the picnic; Lapp and I went there together; he was pretty full of beer about 7 o’clock in the evening; he was dancing when I went home.
Cross-examined: I drank plenty; I am an ex-saloon keeper and can’t get along without it; drank forty or fifty glasses a day and it did not hurt me; don’t know how much a man could drink if he made a pig of himself.
The whole evening was occupied in the closing arguments of the counsel and the charge of the court.
Mr. Rice addressed the Court upon the law of the case, and requested the Court to charge.
[1] First, that the Commonwealth must show beyond a reasonable doubt, not only the fact of the killing, but that it was done willfully, deliberately and premeditatedly.
[2] Second, that unless the jury believes that there was a specific intent to take the life of the deceased, that the defendant had time to premeditate the act and that his mind was fully conscious of the purpose of his heart, there can be no conviction of murder in the first degree.
[3] Third, that the deliberate and premeditated intent to take the life of the deceased cannot be inferred or presumed from the kind of weapon merely but must be proved like any other fact or he cannot be convicted of murder in the first degree.
[4] Fourth, that drunkenness is inconsistent with deliberation and therefore if the jury believe that the defendant was intoxicate at the time of the alleged commission of murder in the first degree.
[5] Fifth, that under all the evidence in the case there cannot be a conviction of murder in the first degree. All of these points except the last, were affirmed by the Court in its charge to the jury.
Stanley Woodward closed the argument for the defence in a long and earnest address in behalf of the prisoner, relying mainly for a conviction of an offence less than that of murder in the first degree on the ground of the defendant’s intoxication at the time of the shooting, and his subsequent inability to form a deliberate and premeditated intent to kill.
Mr. Palmer closed for the prosecution in a shorter but no less earnest and powerful argument.
The charge of the Court occupied over half an hour, and at half-past nine the jury went to their room to decide upon the degree of the prisoner’s crime. At precisely eleven o’clock they came back into Court and by their verdict declared that Frederick Lapp was guilty of murder in the second degree.
The jurors not empaneled in this cause were dismissed early in the afternoon, and this jury was discharge immediately after rendering its verdict.
Court adjourned until 9 o’clock Saturday morning next, when prisoners will be brought before the court for sentence.
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From the Scranton Tribune, October 5, 1874:
The murderer Lapp, charged with killing Chief of Police Clauser, of Hazleton… was brought up for sentence on Saturday morning…. Before sentence was passed by His Honor Judge Harding, on Lapp, his counsel, Stanley Woodward, Esq., put in a plea for leniency and Lapp also addressed the court, reiterating the statement he made when interviewed by the press before the trial took place. He was sentenced to pay of fine of one hundred dollars and the costs of prosecution, and to undergo an imprisonment of solitary confinement and hard labor in the Eastern Penitentiary for twelve years.
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News articles from Newspapers.com. Photo of grave marker from Findagrave.
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