Martic Mystery: The Murder of Barney Short

 

1864 map showing location of the Short farm

The village of Rawlinsville in Martic Township, lies in the eastern part of Lancaster County. The rural village has been settled for so long that no one is quite sure how or when Rawlinsville came into existence; in the 1883 History of Lancaster County, by Franklin Ellis and Samuel Evans, it is written: We have been unable to obtain any authentic data as to when the village was settled, but it was probably made the site of a village very early in the history of the township. 

Considering that one of the earliest settlers in the township, Matthias Kreider, built a cabin on the southern bank of Pequea Creek in 1691, it's a safe guess that the history of Rawlinsville goes back a very long time indeed. But despite its long history, few events were as noteworthy as the mysterious unsolved murder of Bernard Short in 1884.

A Gruesome Discovery

On the Friday morning of February 1, 1884, a teacher by the name of Olivia Robinson left home shortly after seven o'clock. On her way to the Chestnut Grove school house, Miss Robinson saw a body lying on the road about three-eights of a mile below Rawlinsville, on Drytown Road. It was Barney Short, a well-known 50-year-old farmer from just outside the village, and the owner of the Lamb Hotel on South Queen Street in Lancaster. There was nothing found next to the bloodied body to indicate how Barney had come to his death, but his demise had been quite violent and sudden; when Miss Robinson got closer to the body, she saw saw that his brains were protruding from a gaping hole in the skull. Miss Robinson spread the alarm, which attracted a neighboring farmer, Samuel Miller, who, in turn, raced off to notify the justice of the peace.

Because Bernard Short (or Shortte, in some accounts) was well-liked throughout the region, it was believed by his friends that he had met with some sort of accident. A native of Ireland, Barney was known to be a quick-witted, proud, hospitable and generous man, and even though he was a hard worker, he only found meager success as a businessman and often struggled to put food on the table for his wife and eight children. During the war, Barney had enlisted in Company K of the 79th Pennsylvania Volunteers, but, because of a heart condition, he was honorably discharged two months later. While his discharge papers attributed his health problems to a heart condition, a rumor (which hounded him until his death) circulated that he had accidentally blown off his finger while cleaning his rifle. This sort of thing was par for the course for Barney Short: A good-natured, patriotic man whose heart was always in the right place-- a man who grubbed and clawed to provide for his family-- but who always seemed to be rewarded with the short end of the stick.

According to friends, Barney left the Lamb Hotel at 5:20 the previous evening, January 31, driving a horse-drawn sleigh. He was last seen at eight o'clock that night in Rawlinsville, about a mile and a half from his farm, while his horse was found at 11 o'clock on Friday morning, returning to its home between Rawlinsville and Liberty Square, still drawing the sleigh. Knowing how destiny enjoyed playing cruel tricks on Barney, his friends concluded that he had been thrown from the sleigh when its runners hit a rough patch of road and had been trampled by his own horse. Ex-sheriff J.S. Strine wasn't convinced that Barney's death had been accidental, however.

Clues Point to Murder

Strine, who had been visiting a farm he owned in the vicinity, was one of the first to view the body of Barney Short as it lay in the road. There were bruises on the dead man's face that didn't seem consistent with a sleigh accident, and there were no clues pointing to a runaway; when the sleigh was found, Barney's whip and blankets were still on the seat, along with a few drops of blood. This suggested that Barney had fallen out of the sleigh after being stuck from behind and that his horse trotted towards home at a leisurely pace, as a mad gallop certainly would've upset the contents of the sleigh. There was also a large chestnut tree near the edge of the road, which Strine believed the assassin had probably hid behind, waiting for the victim to drive by. 

But there were a few details that the former sheriff couldn't work out. If Barney Short had met his death after leaving Rawlinsville shortly after 8 pm on Thursday evening, why didn't anyone notice his body sprawled across the road until 7:30 on Friday morning? And how was it possible that no one had seen the wandering animal until 11:00 on Friday morning? 

Dr. Bryson of Marticville was summoned to examine the body, and concluded that the hotelkeeper's fatal wound had been inflicted with a hatchet. The death blow had indeed come from behind, and had almost split Barney's head in two. Death had come instantly. In all likelihood, the victim went to his death never seeing the face of his attacker, or attackers.

As for the motive, the victim wasn't exactly the most prosperous hotelkeeper in Lancaster County. But it was recalled that on Thursday afternoon he had gone to the Farmers' National Bank to cash a check for $65. The teller, Mr. Wiley, remembered giving Barney two gold $20 coins, a $10 gold coin and $15 in silver. None of these coins were found on his person, though there was no proof that he had ever left Lancaster with the money. All that was found in Barney's pockets was $1.65. Additionally, when the body was found, all the buttons on Barney's overcoat were still buttoned.

The Coroner's Inquest

On Friday afternoon, February 1, an inquest was held by Deputy Coroner Jefferson Armstrong. In addition to Dr. Bryson, Drs. Deaver and Wentz testified that it was their belief that the fatal wound had been inflicted with three blows of a hatchet. The inquest also disclosed the strong possibility that Barney Short had been dragged to the road after he was already dead, as his "brains were found scattered forty feet away from where the body was found", in a nearby field. His hat was found 80 feet away from his body. Two brothers who testified during the inquest, Ben and Clinton Miller, stated that they had seen two men lurking near the roadside chestnut tree on the night of Barney's murder. Unfortunately, the Millers were unable to positively identify the two strangers, though they described one of the strangers as a tall, thin, young man, and the other as shorter, stockier and older.

Mrs. Short also testified at the inquest, and stated that her husband had been fearful for his life. Not long before the murder, he had come home in a highly agitated state and claimed that a man armed with an axe had chased him and threatened to kill him. It was remembered that Barney, though well-liked, did have his share of enemies. He had been embroiled in several lawsuits over the years, including one particularly contentious lawsuit with a man named Thomas Baney. If money wasn't the motive, could it have been revenge?

The Baneys Arrested

On February 5, Bernard Short was laid to rest in the St. Mary's Catholic Church Cemetery in Safe Harbor, where two of his eight children were already buried. Two days later, the county commissioners offered a $300 reward for the arrest of Barney Short's killers. That same day, the gold and silver he had left Lancaster with were accounted for, thereby putting to rest the robbery theory. It now appeared that the murder was committed for one reason only-- to settle a personal score.

Suspicion eventually fell upon two men: Thomas F. Baney, age 45, and his 20-year-old son, Adam. Thomas was a short man and powerfully built, while his son was lanky in build and said to be somewhat simple-minded. The Baneys fit the physical description given by the Miller brothers at the inquest, and it was soon learned that there was a great deal of friction between Barney Short and the Baneys. 

Several months earlier, Barney Short had sold a horse to Thomas Baney, who gave Barney the deed to his property as security for payment. But Baney soon returned the horse, arguing that the animal was not what Barney had represented it to be. He demanded the return of his deed, but Barney refused. Thomas Baney was so furious that he abandoned the horse on the Short farm, and Barney then turned the animal over to Constable Shenk, who sold it at a constable's sale for three dollars. Thomas Baney filed a lawsuit against Barney Short over the matter, but the judge sided with the seller. 

On February 12, Thomas and Adam Baney were arrested at their home near York Furnace and dragged before Justice of the Peace Joseph Engle in Mt. Nebo by Constable Shenk. Squire Engle committed the Baneys to the county jail without bail and scheduled their preliminary hearing for Thursday, February 21.

Bad Reputation

The Baney family (the name is spelled Behney or Behny in some accounts) didn't have the best reputation in Martic Township. Ever since their arrival from Germany six years earlier, they had managed to eke out an existence not by gainful employment, but by theft. They settled first in Lebanon before relocating to Lancaster County, and their unsavory reputation followed them there; whenever a chicken, wagon wheel or farming tool went missing, Thomas and Adam Baney were usually the prime suspects. But because Thomas was known to have a violent temper and a vengeful streak, most of his victims preferred to silently suffer the loss of their property than to invoke Baney's wrath. It was said that only a fool would press charges against Thomas Baney, and, oddly enough, the one man who did was found with his skull split open.

Of course, the evidence against the Baneys was purely circumstantial. A search failed to turn up the murder weapon, and while their description fit that of the two men lurking by the chestnut tree as given by the Miller brothers, it had been a dark night on a lonesome country road. Hundreds of men could've fit the very same description.

On February 21, Constable Shenk transported the prisoners by train from the county jail to Mt. Nebo, where he was met by District Attorney Eberly, Coroner Shiffer, and prosecutors Thomas Whitson and James Walker. Also waiting at the station were several newspaper reporters. The hearing before Squire Engle drew a large crowd, as the murder of Barney Short was the most atrocious crime to occur in that area in years. As the hearing was to be held inside the small country store which Joseph Engle owned, the throng of curiosity-seekers were forced to wait outside.

Barney's grave in Safe Harbor (photo by Beth Katz, findagrave.com)

 

Son's Shocking Confession

Just before the hearing was to begin, whispers and murmurs filled the frosty air outside Squire Engle's store. It was rumored that Adam Baney had made a confession implicating his father in Barney's death. 

Miss Ollie Robinson, the teacher who found the body, testified that she had found Barney's body face down, on the right side of the road, with the head pointed towards Rawlinsville and the feet toward Liberty Square. She saw that the skull had been crushed, and the brains scattered about the snow. She then gave the alarm, which attracted several neighbors. Dr. Bryson testified as to the nature of the victim's injuries, as did Deputy Coroner Armstrong. But then the Miller brothers were called to testify.

Clinton Miller and his brother, Benjamin, were driving a sleigh near the chestnut tree on the night of the murder when they passed two men on the road. Clinton said, "Good evening," to them, but neither replied. Unfortunately, neither brother could give a clear description of the two men, other than the coincidence that they happened to be around the same age and size as Thomas and Adam Baney.

When Constable Shenk was called to testify, he stated that he found tracks leading from the chestnut tree to a cornfield. He followed the tracks through the field for about a mile and a half, leading him in the direction of Thomas Baney's house. Shenk said the tracks had been made by two men who were running, and that the men had been accompanied by a dog. Later, according to Constable Shenk, when he went to the jail to take the Baneys to Squire Engle, he found Adam inside his cell crying. The constable put his hand on his shoulder and said, "Now, Adam, if you have anything to say, say it before I take you out." Adam allegedly confessed that he had been with his father that night by the chestnut tree, but had no knowledge of what was about to occur.

"He said his father committed the crime," testified Constable Shenk in Squire Engle's office. At this revelation, Thomas Baney jumped up and confronted his son.

"Adam! Did you say this?" he demanded.

"Yes," replied Adam.

The Son's Story

Constable Shenk continued his testimony. According to Shenk, when they arrived in Mt. Nebo for the hearing, Adam told the constable that he wished to speak to him in private, as he had something he wanted to get off his chest. The constable took him into Squire Engle's woodshed, where Adam confessed that he and his father, who had left their home around dark, went to Rawlinsville to confront Barney Short over the matter of the unsatisfactory horse sale. According to Adam Baney, when Barney passed by in his sleigh, his father struck him twice with a pole ax. Once again, the father leapt to his feet.

"Did you not scare him up?" demanded Thomas, claiming the confession had been given under duress. The constable emphatically denied the accusation. Then Thomas, scarcely able to contain his anger, accused his son of lying.

"I have told the truth!" Adam insisted. "We were both there. If you know better, then why don't you tell it?"

"I don't want to be hung for something I didn't do!" protested the father.

"Neither do I," said Adam. Thomas then argued that he could prove he was innocent, and that he hadn't left home at all on the night of the murder. Squire Engle, however, had heard enough. He committed the prisoners to jail to await trail for the murder of Bernard Short. Mrs. Baney, who had been in Engle's kitchen listening to the testimony, was almost hysterical with grief; as her husband was being dragged away, she wrapped her arms around him and insisted that he hadn't left home on the night of the murder. Then she hissed at her son, accusing him of trying to send his own father to the gallows. Thomas was even angrier at his son, and, after much difficulty, they had to be separated. They were not handcuffed together, as Constable Shenk was fearful that Thomas would attempt to kill Adam with his bare hands.

Sympathy for the Accused Slayer

Even before Constable Shenk had the Baneys back in jail in Lancaster, folks were certain that at least one of them would hang for the murder. There was no possibility of Thomas hiring top-notch legal counsel; the family was so poor that Thomas and his wife had to rely on the charity of neighbors to feed their eight children. But after the trip back to the county jail, when Adam revealed to Constable Shenk the hiding place of the murder weapon, it seemed that Thomas Baney's days were numbered.

On the way from Mt. Nebo to Lancaster, Adam told his captor that the murder weapon could be found hidden in a wagon in the barn of a neighbor, John Charles. And, sure enough, a bloody pole ax was found just where Adam said it would be. Even worse, there was still hair stuck to the blade, and it was the same color as Barney's hair. But then, a remarkable thing happened.

For some reason, sympathy began to drift toward the accused killer. By March 10, over a hundred dollars-- more than $3,300 in today's money-- had been donated to a fund to defray the cost of legal representation for Thomas Baney. Even the constable's attitude toward the accused killer had softened. "I just come from the jail and I tell you that old man Baney looks very bad," said Constable Shenk to the Lancaster Inquirer on March 13. "He does little but read the Bible which he keeps continually in his hands. The boy seems to be more cheerful than he was. Yes, it's true that a number of Baney's sympathizers are subscribing money with which to procure him counsel... They do not believe that he killed Barney Short, but whether he did or not, he is entitled to advice and defense."

Others believed that Baney, even if guilty of the crime, shouldn't be condemned to death. Said one prominent local citizen: "I think Baney was worked up to a pitch of emotional insanity when he killed Short. He found himself defrauded of all his property, and no means of redress. This was a great provocation to the ignorant man. I don't believe they can find a Lancaster County jury who will hang him."

Because the evidence against Thomas Baney was flimsy at best-- the entire case hinged on the confession of a son deemed to be simple-minded-- many local papers raised the possibility that the district attorney might dismiss the charges against the two men entirely. But this was not to be the case; on April 24, a grand jury indicted both father and son for the murder of Barney Short. Just two days later, it was reported that Adam had recanted his confession.

Thomas Baney on Trial

Thomas Baney's trial opened on Thursday, August 21, 1884, with attorneys M. Brosius, Philip D. Baker and B. F. Eshleman representing the defendant. The prosecution was helmed by District Attorney Eberly, assisted by Thomas Whitson and James M. Walker. Thomas made quite an impression when he walked into the courtroom; many were surprised by his clean-shaven and well-dressed appearance, and he looked nothing at all like the bedraggled, woebegone wretch the reporters had visited so many times at the county jail after his arrest. Adam Baney, whose own trial was deferred to allow him to be a witness at his father's trial, also appeared much improved. Both Baneys had gained a substantial amount of weight, and neither appeared even the slightest bit worried about their fate. In fact, many people said the two men had never looked better or more confident in their lives. 

Several hours were spent in selecting a jury, which was finally secured after 71 names had been called. James Walker then opened the case for the commonwealth and called his first witness, Elmer Breneman, of Rawlinsville. Breneman and the next witness, Olivia Robinson, described the finding of Barney Short's body and the moments after its discovery. The following witnesses were the physicians who examined Barney's injuries, and, despite fierce cross-examination and persistent badgering from the defense, they insisted that the fatal injury could not have been afflicted by a horse's hoof. In fact, Dr. Wentz had taken careful measurements of the horse's hoof and the victim's skull and found that it would've been impossible to suffer the same type of injury from a kick to the head. 

Also taking the stand for the prosecution were Clayton and Ben Miller, and local residents S.C. Stevenson, Annie Aikens and Albert Hagen, all of whom testified to having seen two men near Rawlinsville on the night of the murder matching the description of Thomas and Adam Baney. Another witness was James Clark, who had been Thomas' cellmate at the county jail. According to Clark, when he asked Thomas what he had been arrested for, he replied that it was for the murder of Barney Short.

"I said, 'Did you kill him?'" testified Clark. "He answered, 'Yes, I killed the son of a bitch.'"

The next witness, Alexander Harris, was the attorney who had drawn up the papers for the horse sale which had started the Baney-Short feud. Harris meticulously explained the transaction, while the next witness on the stand, John Charles-- the man who owned the woodshed in which the murder weapon was found-- testified that he had heard Thomas Baney vow revenge against Barney Short. "He (Baney) told me that the horse was diseased and that if Barney don't take it back, he'll give him a licking," stated Clark. 

"One day in Lancaster Baney said to me, 'I get so mad I could knock his brains out.'" Baney had also told Clark that he learned of Barney Short's murder from Mr. Hookey, the driver of a butcher wagon. However, when Hookey took the stand, he denied that he had ever said such a thing to Thomas Baney.

The Defense's Argument

The defense was opened by attorney Philip D. Baker, who argued that Barney's death had been accidental in nature. Despite evidence to the contrary, Baker insisted that Barney had been kicked by his own horse, which then ran off with the sleigh. This, of course, refuted the expert testimony of Drs. Bryner and Wentz, and testimony of witnesses who found the contents of the sleigh undisturbed.
"Suppose we say he was murdered," said Baker in his opening argument. "Did anyone prove that Baney was there on that night? We will prove that he was at home on that night; that he and Adam cut wood that day, and when it got dark they went home; that on the way they were met by an old colored man who accompanied them back and stood for some time in their house; that it was seven o'clock when the colored man left. 

"We will prove that a day or two before Behney had used the axe, which we admit was his, in cutting the legs off a dead cow for a neighbor, which he sent to town to sell as old bones. The blood on it, and the hair, came from this cow."

Baker's first witness was David Kremer, a Martic Township constable who knew both the victim and the accused killer, as well as the route the killer had allegedly taken to return home. Kremer testified that there's no way a man could travel that route in under three hours, thus calling into question the time frame claimed by the prosecution. Another witness, Maris Rice, the neighbor whose cow had died, told the court that she saw Thomas Baney a day or two before the murder carrying away the severed legs from the farm.

As for the hiding place of the alleged murder weapon, John Charles cleared that up when he took the stand for the defense. "I live next to Baney," he explained. "He keeps his horse and wagon in my barn. He brought some bones in his wagon the day Short was killed."

Charley Wilson, the colored man described in Baker's opening statement, was the next witness. According to Wilson, he went to the Baney home on January 31, but Thomas wasn't home. His wife said that he was with Adam, chopping wood. Wilson waited for them to return home, and remained at the Baney house until dark. Two of the Baney children, Solomon and Edward, were then called to testify, and said that Adam and their father were at home the night of Barney's death. Adam's wife, Ellen, also testified that Thomas and Adam were home that night. 

The defense then turned its attention to James Clark, the cellmate who testified that Thomas had bragged about killing Barney Short. The defense called ten separate witnesses who claimed that Clark was a known liar. On Saturday's session, additional witnesses were called to vouch for the "good character" of Thomas Baney.

On Monday, August 25, both sides bickered for ninety minutes over unanswered questions: How could Baney have known that Barney Short would be passing through Rawlinsville that night? Why did none of the witnesses who saw two men lurking by the chestnut tree mention anything about one of them carrying an axe? Why hadn't the prosecution have the blood and hair found on the blade analyzed by experts? By the end of the morning session, the commonwealth's case was beginning to crumble, and seeds of doubt had been successfully planted by Baney's defense team.

Adam Takes the Stand

On the last day of the trial, Adam Baney was called as a witness for the prosecution and gave his highly-anticipated testimony. He denied seeing his father kill Barney Short. He denied being at the scene when Barney was killed. He denied confessing to Constable Shenk before the hearing in Mt. Nebo, and he denied telling the constable where the axe was hidden. He even denied having any conversation with District Attorney Eberly-- even though everyone who was present at the hearing before Squire Engle saw Adam talking to Eberly.

Perplexed and panicked, the prosecution attempted to recall witness to contradict Adam's many denials, but this proved to be a trap set by the defense: Since Adam had been called to testify as a witness for the prosecution, the prosecution could not call witnesses to attack Adam's credibility. District Attorney Eberly was powerless; as he was the chief prosecutor in the case, he couldn't take the stand as a witness to call Adam Baney a liar. 

The verdict was rendered on Tuesday morning, August 26. After a long night of deliberation, the jury found Thomas Baney not guilty. Because the commonwealth failed to win a conviction, the charges against the son were later dismissed. But had it not been for the Lancaster County residents who contributed money to hire a team of capable defense attorneys for the Baneys, the verdict, in all likelihood, would've been completely different.

The Aftermath

By the time of the Short murder, Lancaster County had already established a reputation as a place where murderers were seldom held accountable for their actions. For a ten-year period between 1877 and 1887, there had not been a conviction for murder in the first degree; James Pannell was convicted for first-degree murder in 1876 death of his wife, and another such conviction would not occur until October of 1877, when James Jacobs was convicted in the first degree for the murder of Elmer Quigley. Pannell and Jacobs both managed to escape the gallows.

Yet, during that span, there were fifteen murder trials in Lancaster County, each resulting in conviction of a lesser charge or an outright acquittal. As for capital punishment, two Lancaster County murderers, Alexander Anderson and Henry Richards, both African-American, were hanged on April 9, 1858. The gallows would gather dust until June of 1899, when Ralph Wireback was hanged for the murder of the wealthy (and by some accounts crooked) landlord who was attempting to evict him-- a prominent citizen who also happened to be president of the Conestoga National Bank. Despite the fact that Wireback had murdered his landlord during a nervous breakdown resulting from the deaths of his son and his father, and his wife's serious illness which left her bedridden for four months, not a shred of sympathy was shown to Wireback by the citizens of Lancaster County. 

By contrast, during that same 40-year-period without a hanging in Lancaster County, there was no shortage of work for the hangmen of neighboring Berks, Lebanon, Dauphin, York and Chester counties; 22 murderers paid for their crimes on the gallows during that time (eight of whom were hanged in Harrisburg). Stranger still, during most of this 40-year-period, Lancaster County was by far the most populous of these six counties.

The Ghost of Barney Short

Ultimately, no one was ever convicted for the 1884 murder of Bernard "Barney" Short, and maybe that's why Barney allegedly made his displeasure known from beyond the grave. 

In the spring of 1884, not long after Barney's death, many of his belongings were sold at public auction to pay off debt, and one of his neighbors happened to purchase the sleigh Barney had been driving when he was attacked and killed. The new owner loaned the sleigh to any friend or neighbor in need of winter transportation, but they all returned the sleigh with the same complaint-- it appeared to be haunted.

In February of 1885, newspapers reported the unsettling experience of one party who had borrowed the sleigh. One night, while returning from Quarryville, two miles east of Rawlinsville, they saw a strange sight standing in the middle of the road. It was a man in dark, heavy clothing, with a crimson scarf around his neck and a hat on his head, and he was standing with his arms stretched out, with a face that was pale and ghostly. The driver, who did not know Barney Short, was a bit frightened-- but when one of his passengers, who had known the slain hotelkeeper personally, recognized the ghastly figure as the murder victim, the driver's fear turned to unbridled terror. But that was only the beginning. As the sleigh drew nearer, the apparition began to speak.

"It's mine!" declared the ghostly figure. "I want it! I must have it!" 

At this, the horse threw back its ears, reared up in fear, then proceeded to run rapidly towards the figure standing in the road. But just when the horse reached the apparition, it disappeared into nothingness. Other parties who borrowed the sleigh reported being followed by the same mysterious figure, which always called out demanding the return of his property.

Whatever became of the sleigh is unknown, but, for years, the ghost of Barney Short was observed by various travelers passing the spot where the fiendish crime had been committed. And even after the fabled chestnut tree, behind which the murderer (or murderers) concealed themselves, was cut down, the spot of the murder was still marked by notch cut into a fence post, which stood for many years along Drytown road, about three hundred yards past its junction with Susquehannock Drive.

 

Sources:

Lancaster Daily Intelligencer, Feb. 1, 1884.
Lancaster Daily Intelligencer, Feb. 2, 1884.
Lancaster New Era, Feb. 2, 1884.
Lancaster Daily Intelligencer, Feb. 4, 1884.
Lancaster Daily Intelligencer, Feb. 5, 1884.
Lancaster Inquirer, Feb. 9, 1884.
Lancaster Examiner, Feb. 13, 1884.
Lancaster Daily Intelligencer, Feb. 22, 1884.
Lancaster Inquirer, March 1, 1884.
Lancaster Inquirer, March 15, 1884.
Lancaster Inquirer, March 22, 1884.
Lancaster Inquirer, Aug. 23, 1884.
Lancaster New Era, Aug. 25, 1884.
York Daily, Aug. 27, 1884.
Lancaster Daily Intelligencer, Aug. 27, 1884.
Lancaster Daily Intelligencer, Feb. 9, 1885.