63. Rocks, a Sock, and a Pistol: The Unraveled Plan that Ended Wilson's Life

In this episode of The Lethal Library, Dani and Stephanie revisit a shocking 1950 Boise crime involving a well-known neighborhood grocer and two young men who knew him personally. What starts as a tense plan to rob the store, using a pistol and a sock filled with rocks, turns into a brutal attack that stuns the East Boise community. Investigators move quickly as witness accounts, confessions, and discarded evidence point to the suspects. From there, the case grows into something much bigger, sparking statewide debate over accountability, age, and whether Idaho should carry out its first execution in decades. As attorneys, ministers, prison officials, and family members weigh in during appeals and clemency hearings, the story becomes as much about punishment and public pressure as it is about the murder itself.

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Transcript

Dani 0:00

In 1950, two young men drove through Boise, Idaho, carrying a sock filled with rocks and a pistol while arguing over whether they had the nerve to rob a neighborhood grocer they both knew personally. By the end of the night, 65-year-old Newton Wilson was lying on the floor of the living room behind his East State Street grocery store, beaten, stabbed- seven times with a butcher knife taken from his own kitchen. Over the next year, the case pulled Idaho into a bitter fight over capital punishment as lawyers, ministers, prison officials, family members, and the condemned men themselves battled over whether the state should carry out its first execution in 25 years.

Stephanie 0:49

Yikes on bikes. Sock filled with rocks? I feel like this is turning into a doctor who's this, yikes on bikes, sock with rocks.

Dani 1:03

Fuck. Creach with batteries in socks.

Stephanie 1:06

Razors. Slicey dicey. Gosh, that

Dani 1:17

one was traumatizing, but yeah, we'll get into it. Music. Pancake

Stephanie 1:50

All right, everyone, welcome back to another episode of The Lethal Library. I'm Stephanie. And I'm Dani. And we're here to tell you yet another true crime tale straight out the 208. Oh, poet. Idaho. Yeah. Didn't even know it. Yeah. So Dani, quite an intro. Take it away.

Dani 2:12

resources used today are articles from that bitch, Idaho Statesman. Love her. The Idaho Free Press. Ooh. The Spokesman-Review, the Idaho Daily Statesman, and the Times News. Many sources. Many, many. This was a big deal, and I didn't realize what a big deal it was until I just kept researching- Like the end the story. Yeah, I was just like, "Oh, these guys did what?" And then I dig into it and I'm like, "Oh, shit. Big deal." On May 8th, 1950, Newton Wilson, a 65-year-old Boise grocer, spent the evening in the living quarters at the rear of his small grocery store at 1401 East State Street. A neighbor saw him about 7:30 PM entering the store with a sack on his back. Wilson, a widower who had operated the neighborhood grocery since 1934- Damn settled into the upholstered chair in the living room behind the store and read his newspaper. That same evening, Troy Powell, age 20, and Ernie Walrath, 19, drove with Barbara Cooper and Powell's wife to the riding academy near Reserve Street. Just to kinda give you an idea where that's at if you're local, it's right at the end of, like, State Street, kinda behind the VA So, you know, where Fort and- Right State kinda all combine right there.

Stephanie 3:49

Mm-hmm.

Dani 3:50

that's where the, uh, Riding Academy was. Powell and Walrath got out of the car and gathered some rocks. The four eventually returned to Powell's house, where the robbery plans continued, but when Powell and Walrath first drove to Wilson's store, they lost their nerve and backed out. When they returned to the house empty-handed, and that's when Barbara Cooper mocked them for coming back without doing it, and called them chicken or scaredy-cats. She said, "LOSERS." Powell then asked Walrath if he had, quote, "The guts to do it," and Walrath answered that if he did, if Powell did.

Stephanie 4:37

I just gotta say-

Dani 4:41

Very teenager- It is- mentality but

Stephanie 4:43

we see the same shit repeated through history. This is the '50s, and I feel like, hot take, men perform masculinity for other men. So weird to me. So weird. And not, not all men, I'll put that into the asterisk. We know many men that wouldn't succumb to this type of, like, weird-ass pressure of, like- I also

Dani 5:13

think it's the age, too. Yeah. I mean, you know, we've all heard, "If your friends jumped off a bridge, would you?" Mo- A lot of teenagers, yes. Of course you would. Yeah.

Stephanie 5:25

And I've been there myself, so I agree. I think it's a mix of that. But just wow.

Dani 5:31

The two men drove back to Wilson's grocery a second time, carrying the pistol and a rock-filled sock. They entered on the pretext of using Wilson's telephone. Wilson, sitting in his chair reading a newspaper in the living room, allowed them inside and spoke with them casually for several minutes. 'Cause why wouldn't he? This is the nerve building up. Walrath lost his nerve again after entering the room, and asked to use the telephone a second time to avoid pulling the gun immediately. While Walrath stood at the telephone pretending to make the call, Powell remained near Wilson and the three continued talking. Powell then directed Wilson's attention towards a newspaper article lying on the floor in front of the chair. When Wilson bent forward to look at it, Walrath struck him in the head with the butt of a .25 ca- caliber automatic pistol. Powell then hit him with the sock filled with rocks.

Stephanie 6:41

Absolutely terrible. Just, just a guy trying to be like,

Dani 6:45

Sure, why not?" He knew these guys. Why wouldn't, why wouldn't I? Wilson struggled briefly while both men attacked him. Walrath admitted hitting Wilson with his fists until he became unconscious. The two men shook down the living room and frisked Wilson's wallet while he lay on the floor. Powell then went into the store portion of the building, searching for additional money. Walrath entered the kitchen and opened a drawer containing a butcher knife. He's already unconscious.

Stephanie 7:19

What is... Terrible.

Dani 7:23

The attack had left Wilson lying face down in a pool of blood near the chair where he had been sitting. Blood splattered on the nearby radio and letters resting on an ash stand. The butcher knife remained in his body. Furniture in the room showed little disturbance beyond that rumpled, the rumpled chair cushions where Wilson had, had struggled.

Stephanie 7:47

Literally no reason for this. No. They could have had their way with the store. Someone's unconscious, you can tie them up. Like- They could have- I'm not saying to do that, but like-

Dani 7:57

They could have just, probably didn't even have to tie him up if they would've just pointed the gun. Yeah. That's it. Sit here. We're gonna go and rob you. We're gonna be

Stephanie 8:05

robbing you. If you don't wanna die, don't do anything.

Dani 8:10

This is, the thought processes were not c- No like, how were they gonna go in there and fake a, and, and steal from him and not kill him? He knew these kids. Yeah. The pair took Wilson's wallet and approximately 12 bucks.

Stephanie 8:32

Let's do a little math. I did not want- Time for a quick, time for a quick Google, kids.

Dani 8:37

How much is $12 from 1915 in today's money? $165.82.

Stephanie 8:58

Which in today's money, you can't go out of your house without spending that much. Like, I, this is why I stay in the house. This is shit. I go outside, I go to one store, boom, $200. And it's for like groceries or something, you know? Like- I mean- Rick went to Albertsons the other day, he's like, "I just picked up a few things. It's only $90." He goes, he doesn't buy groceries often. That's my thing. He said, "I got like three or four things. It was $90." Mm-hmm. I said, "Yep."

Dani 9:30

Yeah. I do the grocery shopping here, too, and I was bitching. I spent $160 on my groceries. This, last, and it really was shit. Just the very basic bare minimum Well, I did buy my vitamin supplements because I am a fucking old lady.

Stephanie 9:45

Bougie. Uh- So bougie. Living a life of luxury, Dani Zinc, vitamin C, D. You think you get to have zinc? Actually, zinc is pretty cheap. No, but

Dani 9:58

these supplements- You know what kills you? The o- the omega-3.

Stephanie 10:03

Jeez Louise. Anyway. Can we get an omega-3 without bankrupting ourselves?

Dani 10:10

Apparently not.

Stephanie 10:11

Anyway, I know we're all feeling it. Y'all are feeling it. We're feeling it. Ugh. It sucks. But yeah, $176. I'm sorry, if I won a scratch ticket that was $176, it'd be like, "Oh, that's nice." Groceries for the week. That's nice. Maybe. I wouldn't be doing back flips over it. I certainly wouldn't be willing to beat someone with a rock-filled sock and stab them- No over it.

Dani 10:40

You can... And I- I- I just have to include, I'm still bitching about my grocery, no meat, none. It was just stuff, milk, and- Basics cranberry juice. I'm an old lady. Ugh. Didn't even include any liquor or alcohol.

Stephanie 10:59

Sad days. These trying times are affecting us all, is what I have to say. I have to cheers to that. Cheers. Yeah.

Dani 11:11

So they took his wallet and- $12 the wallet was left only inches from the body. I mean, they took it out, they rifled through it. Yeah. A single dollar bill lay in the hallway leading, from the living quarters.

Stephanie 11:30

You

Dani 11:30

c-

Stephanie 11:30

you couldn't have... If you were so desperate for that money, why wouldn't you pick up that dollar?

Dani 11:38

Powell and Walrath returned to the Powell home, where Barbara Cooper saw Powell appear ready to cry while Walrath announced, "We just killed Mr. Wilson." I hope you feel good about yourself, Barb. Right?

Stephanie 11:55

Peer pressure. You chicken shit. Yeah, you have nothing to do with this. You're not the one doing it, and you're like, "Oh, you losers." You

Dani 12:05

couldn't even rob

Stephanie 12:06

somebody? Fuck you, Barbara.

Dani 12:09

Walrath washed blood from his hands in the kitchen sink while Powell- I'm sorry. Fuck you, Barbara, just is still sitting there for me. I love it. Fuck you, Barbara. Barbara Cooper, Walrath washed blood from his hands in the kitchen sink while Powell went into the bedroom with his wife. Walrath warned Barbara that, quote, "Their lives," this is what Barbara said, she said- Their lives were in my hands, and not to say anything about it and remarked that Wilson had, quote, "Died awfully hard." So he's like, "Hey, our lives are in your hands. Shut the fuck up."

Stephanie 12:51

Already including far too many people in your plans. I mean, this was doomed from the start. I'm a criminal.

Dani 13:00

And just, Barbara's not a good person. Why... Should not trust people with secrets like that. You chicken shit.

Stephanie 13:12

No. Yeah, that's a, that's a very weird response. You were

Dani 13:15

doomed from having her as in your life. Especially as a woman, like, ew. The two men changed clothes and piled the bloody garments on the living room floor. They drove north from Boise, bought gasoline and beer. And I want you to remember this because it's gonna come up, that they really needed the money, but they'd gotten some beer. They got, they gots the beer, which was the, a top priority, clearly. And they continued up the Horseshoe Bend Highway. During the drive, Walrath asked Barbara, quote, "How it felt to be sitting next to a murderer." Oh, you guys are weird. And remarked that Wilson, quote, "Had seen and done everything he had wanted." Meaning, what, at 65 his life, he's already done everything he needs to do?

Stephanie 14:13

Like, this was the last on my bucket list. You fucking weirdos. Near

Dani 14:18

the old Cartwright toll road, Powell and Walrath threw their bloodstained clothing into a stream. They stopped again several miles farther on and discarded some of the stolen coins. Because they, apparently they were rich, they got their beer and gas, and they're just throwing away money?

Stephanie 14:37

Yeah, throwing away the coins, with how much a coin is worth back then?

Dani 14:42

So I was trying to... I'm gonna, just for locals here, I was trying to imagine us going to Horseshoe Bend, right? I know that road. Yeah. But then it was like, where is this old Cartwright toll road? Mm-hmm. And I was expecting it to be on- Horseshoe Bend Highway? Yeah, yeah. No, it's up behind Roby Creek. What? There used to be a way that the miners would come down from, like, Idaho City. Mm. That they would basically bypass Boise and go from, like, Roby Creek- Oh over to Horseshoe Bend. Does that make sense? Like, they wouldn't come all the way down. They're- They're not going into town. They're just- And it was a toll road. You had to pay. These miners had to pay. Anyways, it's an old road, and now it's a historic landmark Now I wanna take the road. I wonder... Probably can't ride any kind of ATVs or anything on this. Probably just a trail, bike trail. We'll have to research

Stephanie 15:55

that. Anyway, 'cause I'm not

Dani 15:55

walking

Stephanie 15:56

that shit. That's wild. Oh, bitch, no. Bitch, you thought I was hiking? I was like, "You go. You do you." You know, you know I'm not hiking that. No. No. We need a motorized vehicle, and if not, then that's okay. It's not for us. Yeah.

Dani 16:08

But it's right up there by Mores Creek- Someone else- and Robie Creek. Like, it's right up in that- Give us

Stephanie 16:12

your, if you've done this mysterious bypass- let us know.

Dani 16:17

Oh. Can

Stephanie 16:18

we fit a side-by-side on it, is what we need to know.

Dani 16:21

So you're basically going from Lucky Peak- Yeah to Horseshoe Bend. Cut over. Yeah. Little shortcut. So you didn't have to drop it- Why not? I mean, now it makes sense, but I was like, I had to look it up 'cause I was like- I- where the fuck? Like, I've not heard of that. I was expecting it to be, like, on the way- Yes up to Horseshoe Bend. No. No. Super secret little

Stephanie 16:41

trail/road

Dani 16:42

maybe. Um, just skipping Boise.

Stephanie 16:45

Which is genius. Yeah. Why do we have to go down and then back up? Listen, I'd love to skip driving through Boise any day. Oh, dude. Y'all understand exactly what I'm talking about.

Dani 16:56

I-84 be a fucking mess.

Stephanie 16:59

Every effing day.

Dani 17:01

Um, last week, driving home from work, I'm like, "Okay, we're doing 25, 35, sometimes dead stopping. Where's the accident?" Literally no- There's- fucking accident 90% of the time there isn't an accident. Ugh. Like, I get it, if there's an accident, but mostly it's just stupid fucking people. Anyways, end of rant. Or someone's

Stephanie 17:26

ladder flew off. Tie down your shit. I've been seeing a lot of debris like that. Tie down your shit, ladders, plywood, like, tools, in the freeway. Stop. What is wrong

Dani 17:43

with you people? There's commuters out there that really would appreciate you tie down your shit. We're just trying to get to work. And, oh, okay, one more little rant. Listen, I appreciate the police stopping the irresponsible motorist. Mm-hmm. If they're fucking doing 75 in a 65, do not pull them over because then it fucking slows down every commute. Just get the- And now we're all doing 40. Thank you. Thanks. Over one cop car is typically between Meridian and Nampa. Mm-hmm. And then we're fucking feeling it all the way back in Nampa. Ugh. I mean, can we just write down the license plate and ticket them later? I mean, we Why can't we do that?

Stephanie 18:34

Because mass surveillance state.

Dani 18:38

Fuck. Okay, I know. Let's get back to it. So these boys are up in the Horseshoe Bend Hills. I gotta find my spot. They were, they were, they were in them hills. Okay. So they discarded the, the, the stolen coins. Dumb. Weird. You go rob somebody for money- Throw away the money and then just throw away the money. On May 9th, 1950, customers arriving at Wilson's grocery store found the business unopened. They're like, "Where's good old Wilson?" Concern spread quickly among neighbors who knew Wilson kept regular business hours and rarely failed to open the store in the morning. Police officers entered the residence behind the grocery and found that Wilson's body on the, was on the living room floor near that chair where he had been sitting the night before. And how tragic, because he was known. Yeah. Like- People were like, "Mm. I went over to grab some eggs this

Stephanie 19:39

morning. He should be open." And this is just, like, a small, little convenience store, so everyone in the town- And

Dani 19:47

it was really tr- if you go back, like, the nostalgia of the, the corner store. Mm-hmm. "Cool. I can go pick up some egg..." Like, I appreciate a corner store. Yeah. Uh, not, it This is not a convenience store. 'Cause we have a convenience store and- Mm-hmm a corner store close to our house. Yeah, but it

Stephanie 20:10

has, like, basic necessities and- Look- ours even has, like, a living quarters too.

Dani 20:17

Yeah. But if I need a lime on Christmas Day for a gin and tonic, I know I can, I can- Emergency needs go to the corner store and pick up a lime. Yeah. or if you need- I'm not getting that at con- at a convenience store. So I appreciate- The Maverick

Stephanie 20:35

doesn't have- No what we need. No. No. No, no, no,

Dani 20:38

no, no. So, and the clothes. We need a block of

Stephanie 20:41

cheese or- And they're- And, and listen up. I don't, I don't care how much it is if I'm buying from a small town con- like, convenience store, like, a homeo- homegrown.

Dani 20:52

You know the most frequent item I buy at our- What? corner store? Tortillas. Mm-hmm.

Stephanie 20:58

I like- Potatoes. I've gotten potatoes there.

Dani 21:01

And they'll, like, still have all the dirt on them. Mm-hmm. Like, they're real potatoes. Yeah. Tater lane. So this is that, this is that store. That's the vibe, right? Pancake. The room showed signs of a violent beating. Blood covered the floor and splattered the nearby furniture. The butcher knife remained, ugh, in Wilson's back. Officers found his wallet lying near the body and discovered only a small amount of money remained in the store. Coroner Clyde Summers and Dr. Joseph Beaman examined the body at the scene. Beaman determined that Wilson had suffered repeated blows to the head, along with multiple stab wounds to the back and chest. Summers stated that Wilson had, quote, "Literally drowned in his own blood." Officers recovered the 25 caliber automatic pistol used in the beating and collected blood evidence from the scene. They left their, they left everything there. They dropped their drawers and left everything- There's no DNA. Hm.

Stephanie 22:09

There's no DNA. Right. But they- You could literally be, like, sneezing and rolling yourself all over everything and that did not make a fucking difference at this time.

Dani 22:18

But they left the gun. Yeah. Police immediately began questioning persons familiar with Wilson, and learned that Troy Powell had frequently visited the store and was known to Wilson. Attention quickly focused on Powell and Walrath after witnesses placed the two together on the night of

Stephanie 22:39

the murder.

Dani 22:41

Yeah. Dun, dun, dun. That same day, officers questioned Barb and Delphine Powell, who was Powell's wife. Their statements directed investigators towards the Horseshoe Bend Highway where the two men had driven during the night. Who's chicken now, Barb? Yeah, Barb.

Stephanie 23:03

You wanted this crime so bad. Loose lips sink ships. Fucking Y- you're not even down for the cause? Like, and I'm not saying people should be, but I'm like- You call them basically- You wanted to get into- chicken this crime business. You're

Dani 23:21

like, "Yeah."

Stephanie 23:22

And now you're their first to rat? You're like, "Oh, let me tell you." Um- Weird

Dani 23:27

behavior. How- Barbara hey, Barb. He told the police exactly where to go, because they searched the area near the old Cartwright toll road and recovered blood-stained clothing- Oh thrown into the stream. That they

Stephanie 23:42

threw into the stream.

Dani 23:44

Barb's like, "No, it's right here." Actually, it was put in the stream, and so it's right here. This is, let me just ride with you. So I called him a scaredy cat and questioned- And a chicken his manhood, and so then he went and did it, and then, but this is evidence A, B, C, D. Okay, I gotta go, bye.

Stephanie 24:07

Like, who's This is just what confuses me, is now you're being a law-abiding citizen. Oh, when the police are involved? But you wanted someone else, you called someone else basically a loser for not murdering.

Dani 24:22

I hope your pillow was never cold, Barb.

Stephanie 24:25

Yeah. I hope your farts did not smell like just air.

Dani 24:32

talking about, but I fucking loved it. It's like, "Okay, you weirdos." Ah. Pancake. Officers also found the discarded coins

Stephanie 24:38

matching the money taken from the grocery. And that's incredible, like

Dani 24:41

throwing it into, like a stream or creek or like- Well, they threw the clothes into the stream and then they drove up a little bit and just threw the coins out. But Barb remembered exactly where everything was. What an absolutely helpful gal. Ah. She's a peach. Dude, look- It's one or the other this is not o- It's one or the other it's not okay, it's not okay to be murdering. I'm not saying that. I'm just saying if you're gonna be the person being like, "You're such a bitch, why didn't you go fucking do what you said you were gonna do?" And then as soon as the cops show up you're like, "Oh, I'm s- so thankful you're here,

Stephanie 25:21

Officer."

Dani 25:21

Let me just tell you, they dumped the body clo- let me just, let me just ride with you. I can just I bet you Barbara was that bitch Let me just ride with you, officer Pick me. I'm, I'm gonna show you. Yes, definitely a pick me girl. Yeah. Fuck you, Barb. Can't fucking antagonize these guys- Barb and question their fucking toughness, and then the cops show up and knock, knock, knock. Oh, I'm so thankful you're here. I'm so glad you're here because- I've been waiting to tell someone I rode next to a murderer n- last yesterday and I'm just Fuck you, Barb. Yeah. Shouldn't I? Powell and Walrath fled Boise after the killing and drove to Oregon. Authorities issued statewide bulletins describing the pair and the, and the car they were using. Oregon officers located the two men near Vale after receiving information- Oh from Idaho investigators. And back

Stephanie 26:15

in the day, this was probably no easy feat. There's no GPS. There's no traffic cams. They know Oregon.

Dani 26:23

Oh, the darkness. The pair surrendered without resistance. Officers transported them back to Boise, where they were questioned separately. Both men signed confessions describing the robbery and the killing inside Wilson's store. 'Cause they're babies. Mm-hmm. And frankly, there was no Dateline. There was no 48 Hours. There was nothing like that. Mm-mm. So, like, yeah, fine. They signed it. Walrath admitted stabbing Wilson seven times with the butcher knife taken from the kitchen drawer, which he probably did admit that. I highly doubt he knew how many times he'd stabbed him. Right. The cops fed that to him, for sure. Mm-hmm. Uh, like, "We found seven stab wounds," and he was probably like, "Well, I was the one stabbing him." Yeah, sure. I was, I was doing all the stabby stab. So seven times, that was me. Powell admitted participating in the robbery and assault but insisted Walrath a- alone committed the stabbing. But we have seen people die from things in socks, Paula Creach, so. Batteries, yeah. Yeah, so rocks in a sock, there we go rhyming again, definitely could do some damage.

Stephanie 27:44

Absolutely.

Dani 27:45

So to say he had no part- Yeah in the stabbing, but the stabbing alone, I don't think- No, he

Stephanie 27:53

was already unconscious- Yes because of the rock sock predicament. And the

Dani 27:59

gun. Butt gun, pshew. Yeah. Like that. Mm-mm. This poor guy was just letting these fucking neighborhood kids use his phone. Into his home. This

Stephanie 28:11

is his home portion. Yeah, buddy, come Yeah, you need to,

Dani 28:13

uh, you

Stephanie 28:14

need to get home. His ho- It, he's not even just being like, "Oh, we have a phone for our business." He let them into his home. Yeah.

Dani 28:22

Yuck. News of the murder spread rapidly across Boise, and the killing drew comparisons to other notorious Idaho crimes. Wilson had lived alone since the death of his wife and was widely known in the East Boise neighborhood. Neighbors described Wilson as quiet and friendly. Several recalled Powell had often spent time around the store and helped Wilson chase troublesome youths away from the

Stephanie 28:53

property. So even, like, a friend- Yeah and who he thought he could rely on of, like- Like, would not even- "Oh, gosh, these rabble-rousers are in the store again."

Dani 29:03

No, he's like, "Oh, yeah, thanks for chasing off those dumb kids that were being rowdy." Mm-hmm. "Thanks, buddy. Need to use my phone?" Of course I'll let you use my phone. Disgusting. At the Ada County Jail, Powell and Walrath were held without bond while Prosecutor James and Blaine prepared first-degree murder charges. Blaine announced the State would seek the death penalty against both men. During the questioning, officers asked the pair why they selected Wilson. Powell stated they believed Wilson kept a large amount of cash inside the store and home. Both admitted the robbery had been discussed earlier in the evening, before they returned to carry it out. We're talking premeditation now. Yep. Confirmed. Walrath described entering the kitchen after the beating and seeing only white walls and drawers before taking the knife. He was s- I, I think he was just going through the motion. Mm-hmm. It's like not even absorbing it, like, just we gotta do this. "The kitchen was all done in white," he said. "It was white. That's all I remember seeing. All I remember is the white."

Stephanie 30:23

Well, and probably the stark difference when you see blood on it.

Dani 30:28

Powell described seeing Walrath stabbing Wilson and yelling at him to stop. "I yelled at Ernie, 'What are you doing?'" Powell said. "He shook his head and said, 'I don't know. Let's get out of here.'" Complete- Dumbass shit. Dumb kids, dumbass shit.

Stephanie 30:50

Mm-hmm.

Dani 30:51

Authorities filed first-degree murder charges against both men under the Idaho Law providing that all participants in a robbery murder could face the same penalty regardless of who inflicted the fatal wounds. Yeah. And we know this now- You're part, you're part of it but back in the '50s, that was not common knowledge, 'cause they did not have the Dateline, right? Mm-hmm. Uh, yeah, if you're committing a crime and somebody dies- Planning and planning a crime Yeah. Prosecutors stated the confessions, physical evidence recovered, witness testimony formed a complete chain connecting the two men to the killing. Yeah,

Stephanie 31:30

it did. It was an easy crime to be solved, which in the '50s it had to be. No DNA, no tracking, no, no traffic cams, no- No cameras.

Dani 31:40

No No cameras at all anywhere. No phones, no nothing. So- People be murdering and getting away with it in the '50s Oh, they, they be getting away with it, because there was- And these guys might've got away with it if it wasn't for Barb. Fucking Barb. Anyways, I don't- I don't know why- I don't want them to get away with it. Don't mistake me I don't know whether to say

Stephanie 32:00

thank you or fuck you to Barb- Right or maybe both, because why did you, why were you- She antagonized them. Yeah, and then was like, "Oh, dear." Mm-hmm. "Oh, dear." I didn't think that was

Dani 32:12

gonna happen. I think that,

Stephanie 32:16

I think it's common knowledge that, you know, women think of what's the worst thing that could happen to you in an interaction with a man, and we all know the multitude of things. And when men think of it, it's like, "A woman laughing

Dani 32:32

at me."

Stephanie 32:32

Yeah. Or, and so this is- Prime example I'm not giving him the excuse- No but this is playing right into that, a- and- You're not man enough and we know how deeply that cuts And then for her to be like,

Dani 32:56

Oh, goodness. What's happened?" Fuck you, Barb. Friends and neighbors gathered outside Wilson's store in the days following the murder. Flowers appeared near the entrance, and many residents expressed shock that a man known throughout the community had been beaten and stabbed inside his own home. Yeah, for such a small amount of money.

Stephanie 33:19

And he's the type of dude, I'm sure he's probably done little favors for people overall. Yeah. Like, "Oh, you can't spot this gallon of milk? Go ahead and take it." that's what it seemed. I'm, I'm- Because

Dani 33:32

he'd been running it since 1934. He was- Yeah that's 16 years. He's probably, he's

Stephanie 33:37

probably done some nice things for some folks. Yeah.

Dani 33:42

Powell and Walworth remained in the Ada County Jail while attorneys Jess B. Hawley Jr., that just sounds like such an attorney name- Mm-hmm and Claude Marcus prepared their defense against the first-degree murder charges. Prosecutor James Blaine announced the State intended to pursue the death penalty for both men under the Idaho law governing killings committed during the course of a robbery.

Stephanie 34:06

Yep.

Dani 34:08

As preparations for the trial continued, details of the confessions and the condition of Wilson's body circulated throughout Boise. The brutality of the killing became a central point of public discussion. As it should. I mean, it was a tiny town, he was a well-known guy, and they're like, "Oh my- And they fucked him up. Yeah. They... It wasn't like they shot him once and he died. They... It was a brutal murder. A brutal beating, stabbing. Yeah. The defense considered seeking separate trials for the two men, but eventually determined both would plead guilty to first-degree murder and ask the court for life imprisonment rather than death. Hawley stated that the defense believed the pleas offered the best chance of avoiding execution. And I will just say, not yet. To be continued. Judge, 'cause I'm just reading my, like, line here. Mm-hmm. Judge Charles E. Winstead presided over the proceedings in Ada County District Court. Powell and Walworth appeared before the bench and formally entered pleas of guilty to first-degree murder. The hearing then shifted to the question of punishment. Under Idaho law, the court could impose either life imprisonment or death by hanging. The State presented evidence describing the killing inside Wilson's home. Dr. Joseph Beeman testified concerning the stab wounds and the blows to Wilson's head. The prosecution also introduced the confession signed by both men and the photographs taken at the scene of the crime. Defense attorneys attempted to show differences between the actions of the two defendants. Halley argued Powell did not commit the actual stabbing and insisted Walworth alone inflicted the knife wounds which caused Wilson's death. Quote, "Powell did not wield the blade." That- That's so

Stephanie 36:15

crazy to me, though, because it's like a sock full of rocks is, to me, you may as well have a brick. Yeah. And if someone's already unconscious, and he says he was trying to get it to stop, but beating someone with a blunt force object, that's concerning, especially when that person's not attacking you or doing harm to you. To go into someone who's offering you their kindness and be able to enact that type of like barbaric, that's... I

Dani 37:02

don't like

Stephanie 37:02

it.

Dani 37:04

The court also heard details concerning the backgrounds of both men. Powell had been previously, spent time in the Oregon State Penitentiary. Walworth likewise had a pr- a prior Oregon prison record. The court proceedings also revealed the details of the hours after the killing. Fucking Barb testifying, sorry. The two men returned to Powell's house after the robbery, and then Walworth announced that, "We just killed Mr. Wilson." She described the bloody clothing piled on the floor and the later drive into the hills where the clothing and coins were discarded. Throughout the hearing, the state argued both men shared equal responsibility for the murder because the killing occurred during the planned robbery- And they planned it yeah. To get his- In which they both actively... It's, that's, that's the law. Judge Winstead ultimately rejected the request for life imprisonment. Where were the fucking plea deals? They literally walked in there and plead guilty. Where's the plea deal?

Stephanie 38:15

You would think, yeah. This

Dani 38:16

is not how it works. Nowhere did I see any- Mm-hmm plea deal. They're just like, "Uh, go ahead and confess."

Stephanie 38:25

And we're still gonna kill you." No, I, I agree, 'cause it's not what we normally see. If you plead guilty and save the state... I mean, back then, $10, I don't

Dani 38:40

know. $165.

Stephanie 38:41

They saved the state $10. But that was a lot that back then. But overall, for a case and jurors and sequestering people- And they're

Dani 38:53

admitting their guilt. But no, the, like, it just saves- That a- a whole lot of heartache for everybody Everyone.

Stephanie 39:01

Yeah. Nobody has to

Dani 39:02

go and fucking testify and- And the

Stephanie 39:04

parole hearings and the- Mm-hmm appeals. Ew.

Dani 39:10

But he rejected those life, the life imprisonment, and he sentenced both Powell and Walrath to die on the gallows at the Idaho State Penitentiary, April 13th, 1951. And judges can do this. Yes. Well, we saw another rejected plea- Mm-hmm up in Cascade with the, eh, what's his fuck?

Stephanie 39:31

Where the judges just like- Jeffrey

Dani 39:32

Towers. Yeah. Yeah. The- they killed Jeffrey Towers and- Anyway,

Stephanie 39:36

I don't like it. No. I'm not, I'm- No cool that you guys agreed to that, but I don't agree, so.

Dani 39:43

But then he, they were able to take, in that case, he was able to take his plea back.

Stephanie 39:49

Mm-hmm. Because,

Dani 39:52

and I agree

Stephanie 39:53

with that, 'cause

Dani 39:54

like- That was the deal- Mm-hmm between the prosecutor and the defense. That was the deal. The judge said, "Nah, go fuck yourself." That didn't happen here. Nobody said Nobody made a deal.

Stephanie 40:05

Yeah.

Dani 40:06

Nobody fucking made a deal. It's

Stephanie 40:08

weird.

Dani 40:09

So these guys are sentenced to death, and this is April 13th. gotta promise fast. Still fast. Compared to nowadays. Um- 'Cause it

Stephanie 40:18

was so cut and dry. If they had Everything was so s- circumstantial back then. They're like, "Oh, well, Ca- Cara Anne saw you at the corner store on her walk, her nightly walk." That was it. Done. One and done. There's no

Dani 40:40

one else it could be. Right. Yeah. The sentences marked the first time in decades Idaho had ordered executions in a major murder case. News of the ruling spread quickly across the state and touched off immediate debate over capital punishment, the ages of the two defendants, and whether Powell should receive the same penalty as Walrath despite not inflicting the stab wounds. Defense attorneys appealed the death sentences to the Idaho Supreme Court while beginning preparations to petition the state board of pardons for clemency if the appeals failed. They're trying to be like, "Oh, shit, we fucked this up. We fucked this up bad." Oh, geez. The appeals filed by Jess Holly and Claude Marcus challenged the death sentences imposed by Judge Winstead, and argued that the court abused its discretion in sentencing the two young men to hang. The defense contended that the hearing had been conducted in an atmosphere of prejudice fueled by publicity surrounding the murder, and by public reaction to other recent Idaho murder cases. I did not go into that, so I'm sorry. I can go back. Maybe we can find another story. During the arguments before the Idaho Supreme Court, Holly told the justices, quote, "I knew 10 minutes after the hearing started that the judge had predetermined the issue." Marcus argued the state presented the crime, quote, "In a manner to arouse the strongest prejudice and passion of the court," and referred to the lurid and sensational details published following the murder of Newton Wilson.

Stephanie 42:32

I'm sorry, but that is their job, right? Yeah. That is... And it gets nasty on both sides. Like, I know that we've all been very frustrated at defenses where they're putting up a defense that is so illogical and so just- But the defense

Dani 42:51

has to be defensive.

Stephanie 42:53

Yes. That's

Dani 42:53

literally their fucking job. That is their job

Stephanie 42:55

to... So that's why I, Dani, you and I have talked about this, of like, I could never have that job, because some of these defenders still will stand 10 toes down- You know what hap- for years and years on end you know what happen nowadays?

Dani 43:09

They'd said Barbara Cooper did it. It was

Stephanie 43:13

Barb.

Dani 43:14

Barb knew where everything

Stephanie 43:16

was at. Why was that?

Dani 43:18

Hmm.

Stephanie 43:20

She knew when it was happening, she knew how it was happening. It makes- Barb would actually probably been put in jail- Yeah nowadays. They'd be like,

Dani 43:28

You knew these guys were planning

Stephanie 43:30

it?" "And you didn't say anything?" No, and I think there can be-

Dani 43:34

No,

Stephanie 43:34

Barb probably- Like, murder and I'm just thinking about this

Dani 43:36

now. Yeah. Barb probably should've been put up for something con- uh, conspiracy- Mm-hmm to commit murder. Yeah, 'cause you- Robbery you have a- You knew they were- responsibility. You knew they went, they came back. You called them chicken shit. And you,

Stephanie 43:51

and then instead of being like, "Oh, thank goodness you didn't kill someone," you were like, "You didn't kill someone, you effing losers? Ew, you, you dweebs." How are we supposed to get

Dani 44:04

gas and beer money?

Stephanie 44:05

You guys are dweebs. Ugh. Fucking Barb. Yeah, and then they're

Dani 44:10

like- She definitely peaked in junior high. Mm-hmm. Yeah. That was it. Barb, bye. We're catty bitches, I love it. We are. Uh, no, but she, she would've... Nowadays, her ass would've been in fucking jail. Mm-hmm. But, you know, back in the '50s- They didn't have that legislation no, the women, the women's not be doing that.

Stephanie 44:33

What could a feeble woman do? Right.

Dani 44:48

The defense also focused heavily on the backgrounds of Powell and Walrath, and the years both spent inside the Oregon State Penitentiary while still teenagers. Attorneys and family members repeatedly described the prison terms as the turning point in both men's lives. Walrath had been sentenced to the Oregon Penitentiary after convictions involving thefts from parked cars in Bend, Oregon. His parents told the board of pardons they believe the prison sentence destroyed whatever stability he once had. And look, these kids were, like, 16, and they're getting- Mm-hmm. I'm not making excuses. They're in

Stephanie 45:32

the judicial

Dani 45:33

system. Adult judici- judicial system. Big word.

Stephanie 45:41

God. I really, I am a smart girl. Dani knows words. She knows a lot of words. I just feel like- I just can't pronounce them I wanna put them on the record. But when we're three cocktails deep, can you blame

Dani 45:54

us? Say judicial three times. it's

Stephanie 45:58

gonna- I'm not even gonna try- Okay because I'm already, like, judici-

Dani 46:01

Yeah. Mm-hmm. "Quote, "'They railroaded my boy to the pen without notifying us so we could be present,' Walrath's father testified. 'And that was the wrecking point in the life of my son.' His mother testified that after prison, he became withdrawn, moody, and angry, and no longer behaved like the same person who left home. Quote, "He talked that there were lots easier ways of doing things and making money than working for it," she said. She described him sitting for long periods in silence and entering what family members repeatedly called black moods. His sister, Mildred Carr, testified that after prison she saw, quote, "this hatred and his mood growing deeper. I notice how terribly, terribly deep it was," she said. And look, 16-year-old boys should not be in an adult prison.

Stephanie 47:04

I don't think so. Yeah.

Dani 47:06

But it did happen for these kids, and I'm not making excuses for behaviors, Barb. But it, it puts you into, uh... At 16, you can be very impressionable, and if you're sitting around a bunch of guys in their 20s and 30s and 40s talking about how they made this money doing this and that, crime-

Stephanie 47:29

They're like, "Oh, well that's the way."

Dani 47:32

Yeah. Carr testified that on the day before the murder, Walrath would not eat. He sat silently most of the day reading paperback crime novels, including- Kiss Tomorrow Goodbye, which must, must have been a big deal 'cause they quoted it in the newspaper. Did not look up the book. Fancy. And seemed entirely withdrawn from people around him. "He didn't eat breakfast, lunch, or supper," she said. "He sat on the cot all day. When he's like that, he doesn't hear or listen good." Wallace mother recalled him once telling her, quote, "Mother, I think there's something wrong with me. Sometimes there are so many good things I want to do, and then something comes over me and I wanna just do the opposite." A lot of this is teenage angst. Mm-hmm. It happens. I agree. Uh, but then put teenage angst in an adult prison-

Stephanie 48:35

Not good not good.

Dani 48:38

Did we just become best friends?

Stephanie 48:40

We did. You have to call me Dragon.

Dani 48:45

I don't know the reference- 'cause I'm lame. That's, that's as legit as I got. I'm a lame- Step

Stephanie 48:49

Brothers.

Dani 48:50

I know. I, that's-

Stephanie 48:51

You have to call me Nighthawk.

Dani 48:53

Oh, okay. You have to call me Nighthawk. And Nighthawk. I didn't know the further, I just know. I watch TikToks. I've seen the movie- Same a couple of times, but I couldn't quote it. What I can quote is some O.J. Simpson. And, uh, some Lori Vallow, Dave Bell. Uh, yeah. I... Comedies, ugh.

Stephanie 49:18

We want the deaths. In this economy, we don't have time for that. We need to know what to look out for to protect our own lives. We're surviving.

Dani 49:28

I do that all the time

Stephanie 49:29

at work. Who has time for comedies? I do that all the time at work, people reference movies, and I just have to literally be like... I have a few people that are encyclopedias for movies and music, and I'm like, I

Dani 49:42

don't... Nope.

Stephanie 49:42

I know. I- I'm so sorry

Dani 49:43

I literally have to say, "I don't know the reference," 'cause they'll, like, drop something like it's supposed to be funny, especially Katie who sits right next to me. I know. I'm like,

Stephanie 49:50

I get, I get the intent. I

Dani 49:52

appreciate that. I get what- I

Stephanie 49:53

know I should be laughing

Dani 49:54

right now I get what you're doing, but I don't know the reference. And then- Yeah

Stephanie 49:58

just

Dani 49:59

some movie that I've maybe heard of, maybe heard of. I definitely have never seen. There's a few

Stephanie 50:05

people in my work that will absolutely slay any trivia night anywhere, ever. I'm not that girl. There's some people in my work that are that girl, guy, they, them. And- It's

Dani 50:27

like, don't know the reference.

Stephanie 50:29

Good, good for you.

Dani 50:30

You wanna talk about true crime? Don't take

Stephanie 50:32

me to trivia. I'm not, I'm not-

Dani 50:34

You wanna talk about a murder? Yeah. I'm your gal. You want me to talk about some cultural- Of the '60s? Comedy. No, we- we're not, we're not that girl. Former Assistant Attorney General Phil Evans argued that Oregon prison officials and a s- society, whoa, I don't even stutter, society itself shared the blame for what happened to the two young men. Evans described the penitentiary as, quote, "A school of crime," and the state failed both boys by placing them in adult prison environments while still teenagers. Quote, "It is not at all astonishing that the boys led the life they did of petty crimes prior to the murder under the background in which they were permitted to grow up." While his father testified that after prison he tried unsuccessfully to rebuild his son's confidence and interest in ordinary work, quote, "I've never been able to regain his confidence,” he said. "I've tried to get him interested in construction, but I couldn't do it. I tried to pick up the wreckage. Society is often responsible for some of the things that wreck our children." Yeah. And despite those arguments, Attorney General Robert E. Smiley insisted the brutality of the murder outweighed any mitigating circumstances that connected to the men's prison histories or upbringing. the state argued in its brief, "The degree of sentence imposed on these defendants is immaterial to the murdered man, but we submit that any argument for clemency postured on the potential worth of these defendants to society is an idle and starved argument when the nature of and the circumstances surrounding this hideous crime are considered." Mm.

Stephanie 52:35

I don't know that I agree with

Dani 52:36

that. It's very flowery, though. Yeah. They had their thesaurus out, that's for sure. Smiley told the Supreme Court, "Everyone's name has been mentioned here but one, Newton Wilson." The Idaho Supreme Court ultimately upheld the death sentences and found no abuse of the discretion by Judge Winstead, 'cause that's what they were saying. Yay. Quote, "We find nothing in the evidence produced at the hearing or otherwise in the record from which this court can, in good conscience, say the trial court abused the discretion vested in it by imposing the death sentence on each of the defendants," the ruling stated. All right then. The judgment is affirmed. So now, they're fucked. It is what it is, yeah. They have one more hope. And what's that? After the Supreme Court decision, Powell and Walrath remained confined on death row at the Idaho Penitentiary. Guards reimposed a 24-hour death watch on the two men. Warden L.E. Clapp ordered prison guards to search the cells thoroughly for potential weapons. The petition for rehearing argued the Supreme Court erred in refusing to modify the death sentences, and the record showed mental subnormality in both defendants. The rehearing request also challenged the court's interpretation of accountability for murder committed during a robbery. The Supreme Court denied rehearing on February 28th, 1951. Judge Winstead then reset the executions for Friday, April 13th, 1951. The condemned men were brought back into court in prison clothing and chained together while the new execution date was pronounced. Neither showed visible emotion during the proceedings. Judge Winstead addressed Walrath first, then Powell, before returning to the deputy sheriff saying, "Take them away." Well. If carried out, the executions would be the first hangings in Idaho since John Jerko was executed in 1926, and would make Powell and Walrath the youngest men ever hanged in the state With the Court of Appeals exhausted, Holly and Marcus turned to the Idaho Board of Pardons, we've seen this in other cases- Mm-hmm as final possible avenue to save the two men from the gallows. Claude Marcus announced, quote, "Our only avenue now seems to be the Board of Pardons." The board scheduled clemency hearings to begin in April at the Idaho Penitentiary. Warden Clapp stated the hearing could last several days, and that anyone wishing to testify either for or against clemency would be heard. This is a big deal. Yeah. 'Cause it's scheduled for the 13th of April- Yeah to get it done. And this is in early April. And back in the day, they, and I still think they do it today- Mm-hmm but I'm, we've had some old-timey cases where they held off on executions to wait for when the clemency board got together. Yeah. or the pardons and parole got together. So they're like, "All right. We'll hold off on your execution until it's heard." And now we're here. I don't think they do that

Stephanie 56:09

nowadays. I don't, I don't even- 'Cause, because I feel like there's so many other- Maybe gap stops, like, in place. Yeah, probably.

Dani 56:18

As the hearing approached, prison officials prepared for the possibility of the executions, that they would proceed. Yeah. A portable gallows constructed after the original execution date of the previous summer was removed from storage. They have, we, we've had- I'm like, bring it, bring- Portable gallows get, get the gallows out of storage. I got my lawn chair, I'm gonna bring it out. What the fuck? An experienced executioner from outside Idaho was retained to supervise the hangings if the clemency was denied. Quote, "The old gallows were torn down several years ago," Clapp explained. "If they hang, an executioner will be brought in from out of s- out of the state." We just had portable gallows. Portable

Stephanie 57:08

gallows in storage, just waiting.

Dani 57:14

Who said save that for later? The State Board of Pardons opened its quarterly session on April 4th, 1951 at the Idaho Penitentiary, and began hearing testimony on requests to commute the death sentences of Powell Walworth to life imprisonment. Board members Clapp, w- I think was a warden, Ellie Clapp, warden, Herman Failes, and Robert Schofield stated they would hear anyone who wished to testify either for or against the clemency. So at least they're opening it up. Mm-hmm The hearing quickly became a lengthy examination of the lives of the two condemned men, their upbringing, their prison records, mental condition, and the question of whether society itself shared the responsibility for the murders of Newton Wilson. That's a stretch. Claude Marcus opened the proceedings with a review of the killing and the court proceedings which followed. He told the board that when Powell and Walworth pleaded guilty, quote, "We did not think any district judge would assess the death penalty." That was your first mistake. Thank you. 'Cause they were handing that shit out. The defense was not defens- defens- No.

Stephanie 58:39

They were like, "Death penalty-

Dani 58:41

Mm-hmm

Stephanie 58:41

all around."

Dani 58:43

Marcus stressed repeatedly that Powell did not participate in the stabbing and argued the two men should not receive equal punishment simply because Idaho law held accompli- accomplices equally accountable for murder committed during a robbery. That's the law, bro. But who knew he was gonna shoot the clerk? But- Even though he planned it and- I mean, I knew he had a gun. We were just gonna go in and steal a case of beer. We talked about it. but he wasn't supposed to shoot anybody. Mm. Yeah. Sorry about your luck, bro. You picked the wrong partner. No, you fucked up. "That doesn't mean the punishment should be the same," Marcus told the board. "I don't think any jury would have given the death sentence to the Powell boy."

Stephanie 59:29

I concur. I think so too, yeah. Well, especially even both... I really think both of them, if they admitted...

Dani 59:40

Anyway. Marcus described the legal strategy, strategy pursued after the guilty pleas and complained the defense had operated under a handicap during both the hearing before Judge Winstead and during the later appeal before the Idaho Supreme Court. "If we had gone to a jury," Marcus said, "and we got the same verdict, we could have raised any number of errors, but since there was no jury, all we could do is say the judge abused his discretion." Dude, you did not have a fucking plea bargain. This is all on the attorneys. Mm-hmm. Every- You were there

Stephanie 1:00:21

to make a deal.

Dani 1:00:23

And you just said, "Yeah, go ahead and plead guilty."

Stephanie 1:00:25

And without

Dani 1:00:26

any assurances. Right. And you know what? I do believe he's right, that if it would've went to a jury, these young men would've got life, but not the death sentence. Yeah. Former Assistant Attorney General Phil Evans appeared as a private citizen and urged the board to spare the lives of the two men. Evans says society itself bore responsibility for allowing the boys to drift into crime. So this is the assistant attorney general, not- he's just speaking as a private citizen, which had to hold a lot of weight. "The state itself is guilty of neglect in letting them grow up and not providing them the opportunities to lead upright lives," Evans said. Evans declared the murder had already destroyed the lives of Powell and Walworth. Tr- they were, obviously. "Every blow committed against Wilson was a blow against them," Evans said. "Every stab was a stab on their own spirits and their own souls. They s- severed themselves from the human race. They made a shattered wreck of their own lives." Which they did, but a little spirited there, bro, but- Mm-hmm uh, "But it is one of the obligations of society to give its members the training to make them upright citizens, and there is only one conclusion in this case: society evaded its responsibility." And he's talking about the stint in prison, which I don't think any 16-year-old should be in an adult prison. There probably should be a step between, like, fucking 18 and 25, too.

Stephanie 1:02:14

Yeah. Ugh.

Dani 1:02:15

The Reverend Richard Wiles also appeared before the board and argued that failures by the home, school, church, and community all contributed to the path taken by the two condemned men. That might be a stretch. Family members then began giving testimony. Delphine Powell, Walworth's sister and Powell's wife, told the board that Powell had changed after becoming a father. Quote, she said, "Since the baby was born, he is now what he should have been before." Ms. Powell described the family's financial problems before the robbery, and testified the couple had been trying to buy a home while she was pregnant and unable to work. "Our financial circumstances at the time of the murder were at rock bottom," she said. You

Stephanie 1:03:11

guys still

Dani 1:03:13

bought beer. Yeah. Marcus questioned her about the conversation that occurred after Powell and Walworth returned from Wilson's store the first time without committing the robbery. Quote, "She did say that if they didn't carry it through, they were chicken or scaredy-cats or something like that," Ms. Powell testified, concerning Barb. "Did that make them decide to go back?" Marcus asked.

Stephanie 1:03:39

Yes," she answered. Yeah, now they have to prove themselves. Fucking Barb. 'Cause that's the worst thing- For men that a woman can do to you is laugh at you.

Dani 1:03:54

Ms. Walrath broke into tears as she began speaking to the board about her son. She described him as a strong student who lacked only three months of high school before being sentenced to the Oregon Penitentiary at age 16. "He was independent, all right," she said. "He wanted to excel in everything he did, whether it was in his studies or sports." She testified the Oregon prison sentence changed him permanently. He talked that there was, uh, easier ways of doing things and making money. Ms. Walrath also described moods and depressions that he experienced after his release from prison. He would sit around and not do anything. He seemed to be all wrapped up in himself or his thoughts. Mr. Walrath denounced capital punishment before the board. This is just a dad trying to save his kid. Mm-hmm. "Capital punishment is the motive of vengeance," he said, "the outcropping of the animal, baser qualities in man, and identifies him as a drone who refuses to take his share of the responsibilities for the imperfections of the society which may contribute to the delinquency or criminal acts of his neighbor, and is in direct conflict with the intellectual man in our enlightened modern age of civilization and the law of God, which states, 'All vengeance belong to God.'" Daddy's trying. Speak it, sir. The hearings continued April 5th and 6th with testimonies from attorneys, ministers, family members, Boise residents both supporting and opposing clemency. Claude Marcus and Jess Holly devoted hours to arguing that the Board of Pardons possess full authority to spare Powell and Walrath, regardless of the rulings by Judge Winstead and the Idaho Supreme Court, which is true. They hold a lot of power. Mm-hmm. Marcus urged the board to equalize the justice imposed in Idaho murder cases, and repeatedly compared the sentences imposed on Powell and Walrath with other notorious killings. And that's, that's the, that's how law typically works. Like, look what you did. So he said- Similar cases "And the defendants received life imprisonments rather than execution." Yeah. He's like, "Look, but look at how bad- Can you guys look at this? this person is, and- Yeah you just gave them life. "Hanging only satisfies those who want some blood," Marcus declared. He cited cases including Leah Souther- Which is on my fucking radar. Calvin Turner, Neil Butterfield, and Merle Williams, not on my radar, but they are now. While arguing the two condemned men were being treated more harshly than other killers, "I don't know how you can grade murders," Marcus said. "The method of murdering a man is as bad one way as another. But here we have two boys, one who didn't even plunge the knife into the old gentleman, who are sentenced to be hanged. How can you reconcile justice here?" Marcus has gone, you know what? I feel like they feel like they fucked up. These attorneys fucked it up. Mm-hmm. And this isn't like, "Oh, God." 'Cause they didn't make a deal. The form wasn't filled out correctly. They're like, "Oh, shit." Oh, he's- "Someone's gonna die." Yeah, it's a big deal. Marcus argued Judge Winstead had been influenced by public criticism surrounding the Butterfield case, where another Idaho judge imposed life imprisonment instead of death. That's gonna be a case. Mm-hmm. "I think that he thought he was not going to buck public opinion," Marcus said. "I think that there w- that was the real reason why the extreme penalty was given here." Jess Hawley focused heavily on separating the roles played by Powell and Walworth during the killing. "I beg you to consider these two men separately and apart," Hawley told the board. "Don't hang Powell. Looking at the record, you can't hang him. He is not insane. He followed Walworth. Walworth killed the man and was the only one who killed him." Hawley also argued Walworth's mental condition made his execution improper. "Walworth is not mentally qualified to hang," he said. "And if you can't hang Powell because he did not commit the crime of murder." He's trying, ladies and gents. He's trying. Defense then. The attorneys described the publicity surrounding the killings as inflammatory and argued both men had voluntarily confessed because they believed guilty pleas would spare them from execution. You would think. And it normally does, so I don't... At one point, Hawley stated, "Had we pleaded these boys not guilty and taken our chances with a jury- We probably would have been better off. Hindsight. Religious leaders also appeared before the board. Nathan Pearson of the Star Friends Church urged commutation because, quote, "God alone gives life, and God alone should take it away." And

Stephanie 1:09:47

this is a very, this is carried on from the '50s on,

Dani 1:09:50

so. Yeah. This is a very '50s statement. Yeah. Clarence Sapp argued that there was no justification legally, morally, or otherwise for execution of minors, 'cause they still think of these guys as kids.

Stephanie 1:10:06

Mm.

Dani 1:10:07

Sapp criticized the death sentence by comparing it to penalties imposed in other Idaho murder cases. Evidently, the state is picking on two underage boys and is making an example out of them, he told the board. He pointed out that there had not been a hanging in Idaho since 1926, and questioned why the court sought execution in this case while other murderers received life imprisonment. That's a fair question. Sure. The hearings also brought emotional testimony from Walworth's sister, Mildred Kerr. Mildred testified she believed that that, that prison stint had changed him permanently. "I saw this hatred in his mood," she said. "I noticed how terribly, terribly deep it was." She also testified that the Saturday before the killing that Walworth had gone to Idaho City on what she described as a terrific binge, which means- Mm, a little drinking. A little drink. The board then heard from citizens, opposing clemency. Friends and neighbors of Nathan Wilson urged the state to carry out the executions. NC Brewer, who had known Wilson for more than 20 years, described the murder as one of the dirtiest crimes ever committed. It was. And the case is aggravated against Powell because Wilson considered him his friend. That is also true. Mm-hmm. Brewer said, "And anyone who can do that to a friend, well..." Yikes. Brewer rejected the argument that society bore responsibility for the killing. "I think it's pretty bad of the parents if they can't bring their kids up to know right from wrong." Mm-hmm. Which is also another '50s stereotype.

Stephanie 1:11:59

Oh,

Dani 1:12:00

yeah. Yeah. WA Stone told the board he had seen the crime scene and supported the executions despite opposing capital punishment generally. "I am not strong for capital punishment," Stone said, "but there are occasions which arise when the only solution to protect the public is to execute." Miss Laura Stotler, speaking partly on behalf of Wilson's daughter, Helen Crowell, defended the court's judgment and rejected attempts to lessen the brutality of the murder. "I do not believe in what Mr. Marcus said, that because a person lived to, to be 60, he had lived a full life," she said. "My goodness, I was at the trial, and those two men were as guilty as can be." When asked whether she believed there was any difference in guilt between Powell and Walrus, she said, "No."

Stephanie 1:12:54

Mm-mm.

Dani 1:12:55

"It was proven to my satisfaction that the beating itself would have killed Mr. Wilson," she said. "His face was beaten beyond recognition. His skull was crushed in the back and in the front." Miss Stone described the killings as, "One of the most brutal things I've ever heard of. They have no right to clemency," she said. "If they are given clemency, our younger people can say, 'They got away with it, and we can, too.'" It's a little dramatic, sis, but I get where you were going. She's saying it's a slippery slope. The Reverend Cobbs, Walworth's spiritual advisor, delivered one of the most unusual statements before the board. "I am, too, of the opinion the two boys should hang," Cobbs said. "But with them, others should hang, too." He argues city government, parents, and churches all shared responsibility for the conditions that led to murder. "So I think that I should hang with them as a representative of the church, which has failed. But since you can't hang them all, it is not fair to hang only two of them."

Stephanie 1:14:06

Okay. Controversial take, for sure.

Dani 1:14:10

The Reverend Martin Sumner, spiritual advisor to Powell, pleaded specifically for Powell's life and insisted the younger man had not committed the actual murder. This is a stretch. "He told me then he was not guilty of killing this man," Sumner said. "There is not blood on my hands." Sumner added that Walworth himself believed Powell should not be executed. Quote, "I feel that there is an issue of doubt in the case of the Powell boy. He should be given a chance of sentence." That's what it says. Sometimes the '50s be talking...

Stephanie 1:15:04

Crazy weird.

Dani 1:15:07

April 9th, 1951, the Board of Pardons brought Powell and Walrath from death row and questioned them separately inside the Idaho Penitentiary. Each man entered the hearing room chained to Robert Schofield's secretary for security reasons. Damn. Reporters noted Powell appeared nervous and restless, while Walrath remained nearly motionless except for blinking and rubbing his leg with his thumb. Chairman Clapp informed both men the board had reviewed the transcripts and interviewed the numerous witnesses before beginning direct questioning about the murder, their backgrounds, and whether they believed they deserved to die. Schofield questioned the two men in nearly identical language, "Do you feel that your companion led you into this trouble?" Powell answered, "Yes, sir. I had been released from the Oregon pen for six months and had never been in trouble until after I met him." Walrath simply answered, "No." "Whom do you blame for the crime caused you to commit that crime for which you were convicted?" "I have no one to blame but myself for getting into that position," Powell replied. Walrath answered, "I don't know." The board asked whether their parents had provided proper moral and religious guidance. We're in the '50s, ladies and gentlemen. Powell answered, "Yes." Walrath answered, "No." Asked if his father had been too strict, Powell answered, "About right." Walrath responded, "Too much at some times, not enough at others. He would let the real things slide, and then when it came to little things, he would flip his lid and wield the razor strap." Goddamn. Both men answered, "No" when asked whether they believed they had received fair and impartial trials. It wasn't a trial. No. Schofield questioned them about Barb and the role she played in the robbery. Powell answered, "Yes, sir, Mr. Hill, the bill collector who practically cost me my job. We had so many debts. Also, this girlfriend of Ernie's, she was always tantalizing us and saying we didn't have enough guts to go through with it." Mm. Yeah, we know you, Barb. Walrath answered, "Yes, Miss Cooper." Both men insisted they never intended to kill Wilson and claimed the original plan involved only knocking him unconscious during the robbery. Kids, not a good plan. He knew who you were Like,

Stephanie 1:18:05

he's gonna wake up with what? Remembering who came to his house. Yeah.

Dani 1:18:11

He's not gonna wake up with- out a memory.

Stephanie 1:18:13

Mm-hmm.

Dani 1:18:13

The questioning turned toward mental condition. "Do you think you are a mental case?" Schofield asked. Powell answered, "I believe there is nothing wrong with me. I think I am a normal person. At the time of the crime, I was in a bad state of mind, what with my wife's pregnancy, $2,500 worth of debts and all." Which at that time was a lot. $12 was $156 in today's time, so. I'm not mathing it, but you can imagine. A lot. Walworth answered, quote, "Not when I'm not excited. Sometimes I don't feel as mentally competent at other times." Powell stated he doubted Walworth's sanity at the time of the stabbing. "I have my doubts about him," Powell said, "But I don't think I am in condition to say. I'm no psychiatrist." Walworth stated Powell was not a mental case. Just the casual mental cases being thrown around. Mm-hmm. Both men answered no when asked whether they believed they should pay for the crime with their lives. Schofield asked Walworth directly whether he believed in God. How is this even a question? But it is. Uh, Uh, "I believe in His existence," Walworth answered. The board then asked whether the two men believed that they were equally guilty. Powell answered no. Walworth answered, "Troy ought to pay for it, robbery, and as an accessory, I ought to get life." Powell also stated he did not believe Walworth understood what he was doing during the stabbing. "I don't think he knew what he was doing when he stabbed him," Powell said. Schofield then asked Powell whether he feared execution. "No, sir," Powell answered, "I'm not afraid to die." Asked whether he believed in God and the hereafter, Powell answered, "Yes, sir, I believe in God and the hereafter." Walworth answered differently when asked whether he feared death. "Well, yeah, I am." Schofield pressed him on why he was afraid. "It's just not knowing," Walworth replied. "It's stepping off into infinity, the blank spot." On further questioning, he admitted, "I hate to see my physical body stop." Secretary Herman Fails asked, "Do you think you will live again?" "I don't know," Walworth answered. The board questioned Walworth about his upbringing and the discipline in his home. "I was his boy," Walworth said of his father, "And I couldn't do any wrong." He admitted he expected an automatic life sentence when he pled guilty. "Quote, 'I was under the impression that a life sentence would be automatic.' Walworth again insisted Powell was not present during the stabbing itself. Powell wasn't even in the room. The two men then made direct pleas for their lives. 'My life, my future, my happiness, and my wife and son's future are at stake,' Powell told the board. 'In my heart, I am sorry for my part in the crime. I have never killed anyone, nor have I had the urge to kill anyone. I was forced into the robbery attempt because of lack of money. I don't think I should hang for a murder I didn't commit.'"

Stephanie 1:21:57

I can get down with so many pieces of that, but ultimately, someone died, so I'm like- That's

Dani 1:22:03

not the law.

Stephanie 1:22:05

Yeah.

Dani 1:22:05

So, you were pretend using the phone, like, but you still, you were... The crime was

Stephanie 1:22:14

committed. And you assisted with that.

Dani 1:22:17

Yeah. Can't go into a bank and hold it up, and then- Yeah the security guard gets shot. Yeah, I'll get murder charges. Mm-hmm. Walworth told the board he believed he could still become useful if allowed to live. "I can learn. I can study. I could enter a profession and make a contribution to society. That would be the first thing I have ever done, but I'd like a chance to do it. I don't believe capital punishment will gain anyone anything. Society won't gain. No member of it will gain. I think I can still make a useful contribution to society." Life in prison, probably not. Yeah. Clapp then questioned both men carefully about the murder itself. Powell described the plan to have Walworth confront Wilson, because Wilson knew him personally. He admitted carrying the sock filled with rocks and striking Wilson after Walworth hit him with the pistol. "The agreement was that if Wilson saw me, we were not gonna go through with it," Powell said. "But Ernie started hitting Mr. Wilson with a gun, and it just didn't go through like it should." Things escalated. Walworth described entering the kitchen and opening the drawer containing the butcher knife. Powell described seeing Walworth stabbing Wilson while kneeling beside him. "His eyes were as big as a dollar," Powell said. "They looked like those of a crazy person." The hearing concluded with the board withdrawing to begin deliberations while prison officials quietly completed preparations for the executions in the case. clem- clemency was denied. There, so this is April 9th? Mm-hmm. April 13th is their execution. Like, they're literally pleading. On the- Yeah skin of their teeth. April 10th, 1951, the Board of Pardons concluded testimony and withdrew into closed deliberations on whether Troy Powell and Ernie Walworth should live or die. Before the board recessed, former Idaho Secretary of State, Ira Masters, urged the members not to interfere with the judgment imposed by the courts. "Unless some can prove a very definite miscarriage of justice in the district or Supreme Court hearings," Masters stated, "it appears to me that there is very little argument for an appeal for commutation of sentence."

Stephanie 1:24:59

Yeah. Which, those, they're saying- Unless- unless you've got something really big- And it has to be obvious it is what it is. "The

Dani 1:25:06

courts have decreed that those two men shall die for the crime that they have committed against society, and I do not consider it reasonable to believe that the state legislature of Idaho created the State Board of Corrections to overrule the opinions of the district and Supreme Courts of our state." They're saying, "Stay in your own lanes." Well said. I mean, really, it's not for them- Mm-hmm to decide. Masters also warned the board that if the men became life prisoners, "I question whether the lives of your guards and officials of the prison would be secure."

Stephanie 1:25:48

That's a stretch, sir. I know. We're being- Grr. Not everyone is a Creech, and most aren't a Creech. Mm-mm. And Creech didn't go after the guards. It was other inmates, but he was weaponized in jail. Well, he was the

Dani 1:26:08

janitor. Yeah, he had special privileges. Who does that? We do. Helen Crowell, Newton Wilson's daughter, appeared before the board and urged the members not to spare the two men. Eldred Agle of Boise opposed capital punishment and told the board Powell and Walworth had a twisted mind when they committed the crime. On April 11th, 1951, the board reconvened publicly at 5:00 PM inside the warden's office at the Idaho Penitentiary after nearly eight days of hearings. That's a lot of days. Lots of days. But they did say everybody's welcome. And so they came. Chairman Clapp asked whether there was any further discussion concerning the cases. None followed. Vice Chairman Robert Schofield moved first that the cases be considered separately. The board then voted unanimously to deny commutation for Ernie Walworth. Clapp next moved that the clemency also be denied for Troy Powell. That motion also passed unanimously. Secretary Herman Failes then read the board's official decision into the record. "The State Board of Corrections, sitting as a board of pardons, after reviewing all statements made by those who appeared on behalf of Troy Powell and Ernest Walworth, and those who protested clemency, also the attorneys representing Powell and Walworth and their spiritual advisors, and others whom we have seen fit to call before us, and after a careful study of all material, we can find no good and sufficient reason for setting aside the law of the State of Idaho as upheld and interpreted by the district court and the Supreme Court." So they're like, "Per our law, we don't have to give you shit." Attorney Jess Hawley stated afterward, "We haven't had anything further planned yet. If there is a remedy, it will be taken."

Stephanie 1:28:16

So they're like, "If there's a straw to grasp at- We're gonna do it we'll do it. But as of here and now, we already done tried that."

Dani 1:28:29

Inside the penitentiary, prison officials continued preparing the portable gallows, just blows my mind, erected within the prison grounds, while attorneys Hawley and Claude Marcus prepared one final attempt to halt the executions. On April 12th, 1951, Hawley and Marcus challenged the legality of the board of pardons before District Judge Oliver, mm, I'm gonna fuck this up, Kolsh, and sought a writ of pro- prohibition preventing the executions from proceeding. Kolsh denied the petition. Well. They are literally grasping at those straws. Anything. Any, any loophole. Boise attorney W.P. Wilson then traveled to Pocatello seeking emergency relief before the Idaho Supreme Court. Which was sitting there at the time. Wilson petitioned for a certificate of probable cause that would stay the execution, and also requested another writ of prohibition. The Supreme Court denied both requests. Oh, damn. Several hours before the executions, Chairman Clapp received a telegram from Clay Coach, clerk of the Idaho Supreme Court, formally notifying prison officials that the appeals had failed and the executions could proceed as scheduled. That afternoon, I mean, this is down to the fucking wire. Minutes, yeah. That afternoon, Walworth's family visited him inside the penitentiary from approximately 10:00 AM to 2:00 PM. Powell's family visited afterward. Prison officials stated there were no tearful farewells, and said both men reported they were ready to die.

Stephanie 1:30:24

And this is, I cannot even imagine it, just because knowing someone's gonna die, that's just, whether they have been convicted of a crime or not, like-

Dani 1:30:38

No, it's,

Stephanie 1:30:39

it's brutal I've felt that way for people with health conditions- Yeah of, like-

Dani 1:30:44

Just saying goodbye holy shit, yeah. Later in the evening, Clapp asked the condemned men whether they wanted a special last meal before their executions. Both declined, and requested the same supper served to the prison population- Wow Thursday evening. That's strange. After supper, both men requested coffee several times during the night. Beginning at 6:30 PM, Walworth remained with Reverend Cobbs inside the death house, while Powell remained with Reverend Sumner. The ministers prayed with the condemned men and stayed with them throughout the evening. Shortly after midnight, April 13th, guards entered the death house and escorted Walworth from his cell toward the portable gallows inside the prison walls. Witnesses stated he appeared weak physically, but calm. He mounted the scaffold accompanied by Cobbs. Just before the trap released beneath him, Walworth said, "Lord Jesus, receive my spirit." And Cobbs answered, "I'll be seeing you." The trap opened at 12:11 AM. Physicians pronounced Walworth dead at 12:22. Powell remained inside the death house while guards completed the first execution. I cannot even imagine. And I'm not s- these dudes, they're bad dudes, so I'm not, I just- But yeah, just- The empath in me can't help it. I just- Yeah, this is your

Stephanie 1:32:21

friend,

Dani 1:32:22

and they were young Approximately 30 minutes later, Gertz escorted him to the scaffold accompanied by Sumner. Before the hood was lowered over him, Powell declared, "I will not just be falling to my death. God will pull me out of the pit. I know beyond a shadow of a doubt that God is with me. There is no fear. I'm happy to know that in a few minutes I will be entering the Kingdom of Heaven."

Stephanie 1:32:52

Controversial

Dani 1:32:53

statement. Wow. I Sumner later stated Powell continued insisting during their final conversations that there was no blood on his hands. The second trap released at 12:40 AM. Powell was pronounced dead 10 minutes later.

Stephanie 1:33:17

And just how weird that they're like, "Get the portable gallows," and we have that in a storage unit.

Dani 1:33:25

I mean, poor Wilson, like-

Stephanie 1:33:26

Mm-hmm but I don't I don't see how they didn't get a deal for this. I don't

Dani 1:33:33

think this was death, death penalty worthy. I, I Look, we've done some death penalty cases, and this might be controversial, but I'm There are This happened, I don't believe that they went in there with the intent to kill Wilson. No, I think they wanted the money. Not that it's okay. I think they wanted to, the money. The money, and they were gonna knock him unconscious and rob his store. They did get out of hand. But I don't see any, I don't see the mitigating circumstances that is normally required. Am I wrong?

Stephanie 1:34:15

Especially for the one that didn't stab.

Dani 1:34:17

Right. Where they were like, "Oh I feel like they plead guilty, and then the judge was like, especially Look, if they had went to trial and were fighting this the whole way- Yeah,

Stephanie 1:34:29

and, and fuck you

Dani 1:34:29

and then they, a jury convicted them, then fuck you. You won't admit to what you did?

Stephanie 1:34:36

And now everyone in the town has to come in- Yeah and spend all this money and time of the jurors. Yeah. Fuck you. But they were like, "Yeah, we did it."

Dani 1:34:47

Okay. Then go and spend life in jail. And they expected that. But to get the death penalty?

Stephanie 1:34:55

And it carried out so soon. Yeah.

Dani 1:34:59

It, I, that was the, like, it just dead stopped for me in my research. Mm-hmm. I was telling Steph earlier, I'm like, "Ugh." I had to, I had to place my research. And I was like, "I'm just I got, I'm like three-quarters through my research, and I was like, no, I was really done. Like, there wasn't much more re- I was not expecting this to end like it did. I was not expecting- These men to be hanged. I was expecting my lawn- And

Stephanie 1:35:29

maybe this was the start of Idaho's Oprah mentality with the death penalty. Yeah. I feel like this might have been- Oh, everybody death penalty. Everyone, we're making it rain death penalties. Everyone gets it.

Dani 1:35:42

Yeah.

Stephanie 1:35:43

So- It was probably the start.

Dani 1:35:45

Oh, you wanna see pictures of him? And let me see what pictures I s- I saved.

Stephanie 1:35:56

How crazy is that?

Dani 1:36:01

There's the chair. There's his radio and his chair. Yeah. And you can't see it, 'cause it's the blood, 'cause it's in black and white. So that's how-

Stephanie 1:36:15

And they look so young.

Dani 1:36:17

He looks so

Stephanie 1:36:18

sad. Yeah. Wow. Yeah. Well, thanks for listening along with us. We appreciate you all. Love your comments and emails. You can email theweeklibrary@gmail.com. Follow us on TikTok, Facebook, wherever you like.

Dani 1:36:42

And if you haven't noticed, we're into our summer break.

Stephanie 1:36:45

Yes. So what that means is we go every other week, during summer. We sometimes do this right around Christmas too, just because you guys know- We got a summer and we got a Christmas you guys know as well as we do, trying to balance work, life, everything, we are not getting paid for this, so-

Dani 1:37:05

We have fun doing it. Yes,

Stephanie 1:37:06

and we're here to do it. But we have got to And it's just, it's not doable, and if, if we tried to make it doable, we'd hate it, and so- Yeah, and we don't

Dani 1:37:16

wanna hate this. We love doing it.

Stephanie 1:37:17

Yeah. So every other week, starting now, and catch you on the flip side. 10-4 rubber ducky.. Fuck yeah.