The Lena Kilmartin Story

Lena Kilmartin, her husband John and their small son John became residents of the settlement of H. A. Whaley in Clay County Texas. Whaley took John Kilmartin as a partner in the settlement. The information that I have states that Whaley started the settlement in 1869, so if John and Lena and their son started living there then, why does their marriage certificate state that they were married in 1875?

The most tragic occurrence at Whaley's settlement was the shooting death of John Kilmartin. A Sergeant John B. Charlton accompanied by two civilian scouts were sent from Fort Sill to investigate the theft of some horses on Cache Creek. The two scouts were Jack Stillwell and John Kilmartin. Kilmartin had left Whaley's ranch sometime before to seek government employment. According to Kilmartin, his wife Lena had remained at Whaley's home as the housekeeper. The trail of the stolen horses led them into Texas to a point on the Big Wichita River. The men camped at that site and the next morning Kilmartin suggested that they ride to Whaley's ranch and spend the night before returning to Fort Sill. The other men agreed thinking of a good home cooked meal.

Arriving at the ranch late the next day, the men found Mrs. Kilmartin alone. The woman prepared an excellent meal for the men. However the meal was ruined by Mrs. Kilmartin's vicious temper. Throughout the meal she raged at her husband without ceasing. The other two men did not fully understand the reason for the quarrel but gathered that John Kilmartin wanted his wife to go with him to live at Fort Sill and she would hear nothing of it. Charlton and Stillwell finished their meal and immediately took their blankets and withdrew some distance from the house to sleep. Shortly thereafter, John Kilmartin came out of the house and made himself a bed several feet from the back door of the house. Soon the men were fast asleep.

At dawn, Charlton and Stillwell were awakened by a gunshot. They jumped to their feet with guns in hand, just in time to see Lena Kilmartin turn away from her husband's bed with a pistol in her hand. they ran to his assistance, but were too late. He was dead "with a bullet hole in his temple from which blood and brains were oozing". Mrs. Kilmartin slowly began walking backwards to the door of the house. They asked her why she shot him, but by that time she had ran into the house and threw the latch. The two men carried the body to a mesquite tree where they dug a grave and buried him without coffin or funeral.

The killing occurred on July 16.1876. Officials at Henrietta had somehow learned of the violent death of John Kilmartin. By August 28.1876, Lena Kilmartin was being "confined in prison under lawful process" at the county seat, awaiting action by the grand jury. The Clay County grand jury was convened in October of 1876 with J. M. Stratton as foreman. Subpoenas were issued to seven people: Ed Gragan, R. W. Grogan, Henry A. Whaley, Hirk Whaley, John Whaley, Mollie Whaley, and Joe Wisdenn. Strange though, the two men who were at the ranch at the time of the shooting were not called to testify. After the witnesses were questioned, a true bill was returned against Lena Kilmartin. The indictment alleged that she had "Willfully, feloniously and of her express malice a fore thought did kill and murder against the peace and dignity of the state of Texas."

Lena Kilmartin's trial was held the following month, she entered a plea of not guilty by reason of self-defense. On December 18, 1876 the jury announced a verdict of "not guilty," she was then released of custody. After the trial she received the proceeds of the sale of her husbands estate and continued to live at Whaley's ranch for about three more years.

Some more information that I have gathered states that her bail was set in the amount of $15,000.00. The court, after hearing the evidence came to the conclusion that because of the condition of the defendants health and by reason of the fact that her health was in such a condition that her life would probably be endangered by close confinement. This was on a court document dated May 26, 1877. So evidently she was claustrophobic? I don't have much more information about her after she left Whaley's ranch, but I do know that she married J. C. Hawkins on August 1.1901, then later she remarried a man with the last name of Tinsley. So what did this woman do to her husbands? Was she a "black widow" that just preyed on men and killed them? Although I don't know what happened to Mr. Hawkins, he may have just died peacefully, but with her story.......who knows! When and where she went with Mr. Tinsley is yet another story..............................

Nita Whaley Irvine