The Murder of Mary Horn

Daniel Horn is not a name that even the most sophisticated Cape May history junkie would recognize. But the residents of Cape May 141 years ago would remember the name and person until the day they died.  

On May 23rd the local headlines in the paper read “MURDER!”  with a sub-headline – ”A Woman Shot Dead by her Husband.” 

On a Tuesday evening in May of 1872 Dan Horn would murder his wife. He would be the first person to ever be tried for murder in Cape May County.  

At that time of the year the City of Cape May was just getting ready for the summer season. The normally quiet town was thrown into a state of shock and intense excitement between 6 and 7 o’clock that evening. Word spread rapidly that the young married man employed by the railroad had just killed his wife, Mary. The couple lived in what was described as a “pretentious” house in the vicinity of the Jackson Street Railroad Depot (where Swain’s Hardware is located today). The house was small and did not exceed 200 square feet. It contained two rooms on each floor.  

The report by the first person on the scene was as follows: “In the corner to the right of the door lay the body of the murdered woman, in a sitting posture, her limbs extending within a few feet of a burning wood stove.  She was dressed in a brown calico wrapper, the sleeves of which were rolled up to her elbows having been engaged in the kneading of the dough in an earthen bowl, and which had slipped from her grasp into her lap as she fell.  Her head was inclined downward, with her chin resting on her breast.  The whole right side of her head appeared to have been blown off. The sight presented to the beholder was sickening to the extreme.”  A mass of clotted blood reached from the wound to the floor covering the body of her dress and forming into two large pools, one on either side.  

Less than an hour before, Daniel Horn arrived home as usual. Angry words were said to have passed between them. His wife reportedly told him that, “he was the son of a drunkard and a good for nothing loafer.”  Frustrated beyond belief, he rushed from the house to a neighbor’s home where, without waiting to ask for permission from anyone, he grabbed an Enfield rifle hanging on the wall. He returned home telling his wife he would shoot her if she did not behave herself. She kept on with her work while standing, daring him to shoot away if he wanted to. He, later claiming that he would merely intimidate her, raised the gun without taking aim and being within two feet of her head, discharged the gun into her right ear. He then fled from the house with the gun in his hand, not stopping to see if his wife was alive or dead. He returned the gun to his neighbor placing it back on the wall where he found it and proceeded straight to Mayor Joseph Ware’s residence at 21 Lafayette Street. There, he confessed to his deadly deed and put himself in the mayor’s custody. His Honor, seeing Horn’s appearance and hearing his story, realized that something serious had happened. He immediately walked Horn back to his house where by this time the coroner Alderman John G. W. Ware (who was also the mayor’s cousin) and some assistants had arrived and were examining the body. 

Horn entered the house but did not look toward the body. He began crying bitterly, lamenting his unhappy fate, according to reports. Those on the scene said that he went to the far corner of the room and sat on the steps of the narrow stairs leading to the second floor and uttered, “You men, who have honest and respectable wives know nothing of this.” When asked if he intended to shoot her, he declared his only purpose was to frighten her. He said that he had worked hard for her and had done all in his power to make his home agreeable to her, but she would still persist in her bad practices. He claimed, according to reports, that he didn’t think the gun was loaded. Mayor Ware took Horn to the city prison where he was confined until taken to the county jail.  

Dan Horn was 28 years of age, of medium height, stocky build and looked like a sea-faring man. He was brought up in the sounds in the outskirts of the city where squatters resided. As such, it was reported that he was beyond the benefit of the city’s school privileges. It was also said that he was always a good character for industry, sobriety and honesty. His wife, Mary, nee Crowell, was about a year or two older than Horn and before her marriage lived in Cape May Court House. The couple had one child, a little girl who was four or five years old.  

At that time Cape May had no organized police department. Records show that James J. Doak, who lived at Jefferson and Washington streets, was made Chief of Police in 1881.  We can only assume that it was the mayor or the coroner who empanelled a group of leading citizens for the coroner’s investigation hearing of evidence in the case.  This was not the trial. It was an inquest into the facts of the murder and the circumstances surrounding it. Prominent citizens were put on the panel to determine the cause and manner of death.  

Alderman Ware held the inquest at his home on Perry Street. William F. Cassidy was made foreman. Others on the panel were Dickerson Moore, George Finley, J. L. Lansing, G. W. Barnes, Eldredge Johnson, John H. Benezet, Levi K. Moore, F. K. Duke, William Messick, Theodore F. Townsend, and W. E. B. Davis. The group met at the crime scene at 8 o’clock in the evening. After examining the body and the surroundings, they adjourned to Alderman Ware’s Perry Street office for consultation and examination of witnesses who had information concerning the circumstances of the murder. (Aldermen were both a member of Council and a Justice of the Peace until 1875.) 

The first witness sworn in was Victor Denizot. He said that at half past six he was walking down Jackson Street toward his house. He had reached Rice’s store when he heard a gun shot. A little further down he met Dan Horn on the same side of the street repeating to himself, but still loud enough to be heard, “I’ve shot her, I’ve shot her.” At the time, the comment made no sense to Denizot, but while crossing the street to his house, he saw a woman standing in front of a house near the bridge (the small bridge where Jackson and Perry streets come together – where the Cape Island Creek is piped underground)  pointing toward the Horn house and yelling in an excited manner. Suspecting something was wrong, Denizot made his way to the Horn house and found the door open. He observed Mrs. Horn lying on the floor, her face covered with blood from a wound on the side of her head. He was satisfied that she was “beyond surgical aid.”  

The next witness was Mayor Ware who testified that Dan Horn came to his house in an excited manner and said, “My God, I’ve killed my wife.”  Mayor Ware said that he asked Horn what he meant, and his reply was he “had blown Mary’s brains out.” He then told the mayor that he had “done it because she had acted bad with other men.” He also asked that Mayor Ware take charge of his little girl. The mayor also testified that Dan Horn admitted that his troubles with his wife started three years prior when he discovered she was running around with other men. 

Next to be sworn in was Dr. James Mecray. He testified that he was summoned by a neighbor of Horn’s about a quarter of seven, that evening. When he reached the house, there was a crowd around the entrance. He examined the body and said it was evident that death had occurred from the affects of a gun shot wound to the head. The wound, he attested, had taken out the entire right ear and part of the right side of the skull. He said that the edges of the wound were well burned from gun powder. He judged that the muzzle of the gun was no more than 18 inches from Mary’s head when it was discharged.

Next sworn was Joseph Hanes who was returning from work about 25 minutes of seven. After he crossed the bridge he testified that he heard a woman scream.  As he got to the front of Horn’s house, Dan came out. He heard him say something to the effect that he “would put a hole through her and stop her whoring.”  He also heard a voice from inside the house saying, “You’re a liar.”  Continuing on, he stopped at his boarding house near there, but looked back a few times to see what was going on with the Horns. A short time later he heard a gun fire and went into the street where he saw Horn, with the gun in his hand, enter Smith Bowen’s house. It appeared to him that Dan had been in a tussle with someone. Then he saw Dan go up the street and speak to several people. 

Smith Bowen testified under oath that he saw Dan about three o’clock and said that he was going to go away to board, that he could not live with his wife any longer. Later that evening was the next time he saw Dan when he rushed into his house and seized his gun which he kept hanging on the wall. It happened so fast that he did not have time to speak to him. Within a few minutes, Dan returned with the gun and said to Bowen’s wife, “I’ve shot Mary,” leaving immediately.  

The jury, having taken the sworn evidence, and after a short consultation, rendered their verdict that Mary Horn had come to her death from the affects of a gun shot wound from the hands of her husband Daniel Horn.  

On October 24, 1872 Daniel Horn was brought to trial for the murder of his wife Mary.  This would be the first murder trial ever in the county’s history. The trial took place in the old Court House building (which still stands and is still used from time to time today) in Cape May Court House. Judge Van Syckle of the superior court and Judges Marcy, Edmunds and Swain, of the county courts, occupied the bench. It was reported that there was average attendance for the trial. When court opened at 10 o’clock, a list of jurors was called and the oath administered. 

Mr. Morgan Hand furnished an impartial stenographic report of the proceedings of the trial. Witnesses were called by the state’s attorney, but when it was found that some of the most important witnesses were not in court, a constable was immediately dispatched with the authority to produce the absentees. This necessitated a delay. Court adjourned until 2 p.m.  At this time the sheriff was instructed to place the prisoner at the bar.  The courtroom had filled to capacity, with standing room only. 

When the prisoner was brought forward, accompanied by Sheriff Eldredge, a dead silence swept over the courtroom. He was escorted to a seat just inside the railing. Daniel Horn, who was a strong, robust man less than six months before, looked like a moving corpse.  It was reported that his body was emaciated, his flesh was colorless, his eyes sunken and vacant, and he looked like one raised from the grave. The startling change in his looks in such a brief period to those who had known him sent chills through them.  

His defense attorney’s were Mr. Pancoast, who sat on the defendant’s right, and Mr. Huffman, seated to his left. The state’s attorney was. S. H. Grey of Camden. It was time for the jury to be selected. The judge ordered the sheriff to return a panel from the selection of jurors whose names appeared on his list. 

The first name called was Victor Denizot. The clerk asked whether a challenge was desired since Denizot was also an eye witness to the events. There being none, he was sworn in as a juror. Other jurors selected included Charles C. Reeves, Henry Rutherford, George H. Lovett, E. Clinton Hewitt, Daniel Bailey, James H. Two prospective jurors, Curtis Gandy and Richard Ross, were challenged by the prisoner, which was allowed in those days. The remaining jurors were Alfonso D. Lee, Dr. Henry Kennedy, Jesse Finley, Aaron Garretson and the twelfth was Joseph Bruton.  (Many of these men were well known and intricately involved and woven into Cape May’s early history.) 

The jury, being duly qualified, made way for Mr. Grey to open the trial on behalf of the state. The indictment against the prisoner was a lengthy document that in essence said the grand jury had heard sufficient evidence to believe that Dan Horn had murdered his wife on the 21^st of May, 1872 and should be tried in superior court.  

Dr. James Mecray, M. D. was the first witness called on by the state, who reiterated the statement he made the evening of the murder at the coroner’s inquest. The next state’s witness was R. B. Swain who was a surveyor residing in the City of Cape May. He presented detailed drawings of the crime scene and the surrounding buildings. Smith Bowen was sworn. He resided on Jackson Street near the bridge and lived but a short distance from the Horns’ house. He owned an oyster house which stood between his house and the Horns’. This was the house that Dan Horn abruptly walked into taking the gun from the wall which he was subsequently used to shoot his wife. Bowen’s testified that Horn told him, “I’ve shot my wife.”  

The next witness, Victor Denizot, testified in great detail about the events but the damning testimony was that he heard Dan saying, “I’ve shot her, I’ve shot her.” Furman L. Richardson testified that he was a resident of Cape May and was acquainted with the defendant. He was a dealer in groceries and provisions. Dan Horn, he said, was in the habit of dealing at his store and he also knew the defendant’s wife.  He saw Horn the night before the shooting. Horn, he testified, told him not to allow his wife any more goods on his credit. He went on to tell Richardson that he could not live with his wife anymore and that he was going to leave her. He had also said that his wife had behaved very badly by running around with other men.  

Lydia Crowell, mother of the deceased, was called to the witness stand. She claimed that she had heard Dan Horn threaten her daughter’s life about the first of January, while both were on a visit to her home in Cape May Court House. She heard Dan tell her daughter that he could not live with her anymore. Mary, her daughter, asked him why he did not go, and his reply was that he would see her “heart’s blood first.” 

Mr. Pancoast opened for the defense and in an address to the jury stated that there was no dispute about the killing of Mrs. Horn. Dan Horn had admitted to the killing of his wife. However, the defense would insist that it was not a willful, deliberate or premeditated deed as set forth in the indictment and, therefore, not murder in the first or second degree. The defense stated that the frenzy and passion into which the defendant had been driven by one of the greatest of all provocations was only that of manslaughter.  The defense would show that Mary Horn had pursued such a course of events as to drive her loving husband into a rage of absolute madness. They would show that he frequently found her with other men and that he endeavored to dissuade her in every manner to stop her from running around. In spite of all that Dan did, his wife continued to disgrace herself and her husband in her unfaithfulness. On the night in question, the defense maintained that Dan had come home from work. He and his wife again had words and soon the argument got out of hand. His wife Mary threw a butcher knife at Dan. After that, Dan went to the Bowen’s house, grabbed the gun off the wall, went back to his house, had a few more words and shot her. Dan, as previous testimony showed, turned himself into the mayor for his crime and admitted to the shooting of his wife.  

The second day of the trial court convened at 10 a.m. with Judge Van Syckel taking his seat on the bench. At this time the prisoner, Dan Horn, took the stand in his own defense.  He testified he was married in Court House on January 26, 1866 and lived there for two years before moving to Cape Island. He said he always gave his earnings to his wife, except to pay the store bills. After two or three years he did not get along very well with her, but he did not in the least lose his affection for her. There was a young man known as Kit Church who was in the habit of coming to his house, but Dan did not notice anything wrong until one evening in the summer of 1871. He came home, but did not find his wife there and went to look for her. It turned out that his wife had been with Mr. Church. He started to believe that there was something wrong and that his wife and Mr. Church were having an affair. He tried to get his wife Mary to go to church on Sunday, but she would not go. 

On one occasion he went looking for his wife, he found her coming out of the woods and saw Church running in the opposite direction. When he questioned his wife, she informed him it was none of his business. At another time on a Sunday morning he found his wife and young Church at the foot of a haystack near the woods and “in a most unbecoming position.”  He continued to testify that on that occasion he turned from the spot without speaking, feeling very bad over it, went home and cried. Dan Horn continued for several hours, giving testimony about his wife’s unbecoming behavior. 

When court reconvened that day at 2 p.m., the prisoner took the stand for cross examination. Dan appeared to look faint and muttered something about feeling sick. He then fell back and fainted on the stand. The judge immediately adjourned the court until the next morning and the prisoner was placed under the care of Dr. Downs. 

On the third day court convened at 9 a.m. Mayor Joseph Ware, Esquire and Jeremiah Edmunds of the West Jersey Railroad gave testimony corroborating the defendant’s testimony about his wife. George Rabeau testified he resided in Cape May and was a switch tender and night watchman for the West Jersey Railroad.  He said he knew Horn and had seen changes in his attitude and he had heard Horn tell stories about his wife running around. He knew of the relationship between Dan Horn’s wife and Kit Church and he had witnessed them several times, arm in arm. He also knew of a fight that had taken place between Dan Horn and Kit Church because of the affair. 

Next the defense called several reputable citizens as character witnesses. Colonel H. W. Sawyer of the Chalfonte Hotel was sworn in. He knew the defendant well and had seen him the same day of the shooting in front of Edmund and Son’s Store on Jackson Street.  He did not think there was a man in the county that bore a better reputation for peace and quiet. He had always heard people speak well of his character.  

As the trial wore down the prosecution still asked the jury for a verdict of murder in the first degree. Mr. Pancoast, for the defense, addressed the court, making an argument for his young defendant that he was of a good reputation; he was industrious, peaceful, and had orderly habits. He also said that it was hard to comprehend the suffering which had wracked his mind that was put into motion by his wife’s bad habits. Mr. Huffman, Dan Horn’s other attorney, also gave a very effective closing argument for two hours emphasizing that the defendant did not know right from wrong when he shot his wife as she had driven him to a mental state that made him lose control.  

The judge then gave the case to the jury for deliberation. The jury was out for about three hours when they returned with the verdict. The verdict was that of manslaughter and not murder one or murder two. The judge, after hearing the verdict of the jury, sentenced Daniel Horn to seven years in the state prison. The prisoner at this time thanked the judge and the judge ordered the court adjourned.  

So went Cape May’s and Cape May County’s most famous historic murder case.