On a summer evening in 1921, Fish Warden William E. Shoemaker became the first Pennsylvania Fish & Boat Commission law enforcement officer to lose his life in...... The by Jay Osman

During the evening of August 25, 1921, Peter Walters went to the Spring Hill, Bradford County home of his friend Harry Kunkle (also known as Harry Pond). He hoped they would enjoy an evening of spearing fish in nearby Wyalusing Creek. Kunkle was reluctant because he didn’t have a license, and he

photo-courtesy of the was tired after working all day. Walters Shoemaker family did have a license, and after some coaxing, other son, Myron, to assist him in his duties. That Kunkle relented. It was a decision he evening Myron was unable to accompany his father and brother, as he had on many other occasions. would regret for the rest of his life. William Shoemaker was in his 18th year as a district warden with the Pennsylvania Fish Commission. For About the same time, just north of Spring Hill in two years before his appointment in 1904, he worked as LaRaysville, District Fish Warden William E. Shoe- a warden for the Pennsylvania Game Commission. He maker and his son, Gregory, were at the office of the had received no salary, but was allowed to keep half of local justice of the peace, wrapping up an arrest they all the fines he imposed. When the more secure posi- had made earlier. Later, after dinner at the local res- tion of a salaried, full-time, duly sworn district fish taurant, the pair planned to work their way slowly warden became available, he jumped at the chance. It toward home in Laceyville, patrolling as they went. was a job he truly loved. He loved everything about the This wouldn’t be hard to do because Wyalusing Creek natural world, and he believed whole-heartedly in the paralleled the road for much of the way. Warden Shoe- goals of the Fish Commission. He believed nobody was maker welcomed the recently enacted Special Fish above the law, and he performed his duties diligently Warden (Deputy) Law, which enabled Gregory, and his and vigorously. It was a philosphy that won him the

www.fish.state.pa.us PennsylvaniaPennsylvania AnglerAngler && BoaterBoater 11 William Shoemaker was in his 18th year as a district warden with the Pennsylvania Fish Commission. It was a job he truly loved. He loved everything about the natural world, and he believed whole-heartedly in the goals of the Fish Commission.

photo-PFBC archives respect of officials and right-minded once. Outnumbered and outgunned, vestigated and found the crates of ber- citizens, but did not endear him to the and believing that discretion is the bet- ries outside the express company local population in general, or law- ter part of valor, Shoemaker complied. office, spoiled. The express office em- breakers, in particular. The railroad barred him from board- ployees responsible for this treachery With the exception of the The Sen- ing any more trains for the purpose of were fired, and the balance of that tinel (Canton) and a few others, the “harassing” its passengers. year’s crop reached its destination area newspapers were not kind to Of- Then there was the time he arrested safely. ficer Shoemaker. Most of the the state senator for using an illegal Warden Shoemaker’s career was dot- newspapers fueled the fires of conten- net in the Susquehanna River. Again ted with these kinds of contemptible tion by publishing scathing articles the warden found himself engaged in a acts, but they paled in comparison to about him whenever they could. Con- fist fight, and this time with an un- the tragic events of August 25, 1921. servation laws were relatively new and likely opponent. The politically the consensus was that the government powerful senator was found not guilty The shooting didn’t have the right to regulate the of all charges, and on returning to Har- It was 9:30 p.m. by the time Warden taking of fish and game, let alone risburg tried unsuccessfully to have Shoemaker and Gregory reached charge a fee for the right to do so. Shoemaker removed from his position. Merryall. As they crossed the bridge These two opposing points of view Having failed at that, the senator insti- over Wyalusing Creek, they spotted a clashed on many occasions. gated a boycott against the warden. To light and the outline of two people On one such occasion, Warden supplement his income, Shoemaker standing in the creek a short distance Shoemaker boarded a train to check raised and sold strawberries. The sena- upstream. They continued over the hunters and fishermen returning home tor, using his considerable influence, bridge and parked just off the road. from a day afield. It wasn’t long before saw to it that the local citizens did not Gregory stayed with the car, and War- a dispute broke out, and an irate buy or pick Shoemaker’s berries. Find- den Shoemaker went to investigate. As hunter punched the warden, knocking ing a market for his berries in he approached, he saw Peter Walters him to the floor. On seeing this Binghamton, NY, the warden arranged holding a bag of fish and a lantern, scuffle, the conductor stopped the to have them shipped there by train. and Harry Kunkle with a spear. The train and ordered Shoemaker off at When the berries never arrived, he in- warden confronted the pair and found

photos- courtesy of the Shoemaker Family

William Shoemaker (standing, far right) poses with wife, With an automobile, circa 1910, Warden Shoemaker stands on the far running Etta (seated, far right), and other family members. board while wife, Etta, is in the driver’s seat. For most of Warden Shoemaker’s career, patrolling was done by train, horse and buggy, or on foot.

12 PennsylvaniaPennsylvania AnglerAngler && BoaterBoater www.fish.state.pa.us The Line of Duty

Walters to possess a license, but Kunkle confessed he had none. He William Shoemaker made a courageous struggle for his told Kunkle he was under arrest and life. He was conscious and coherent, and remained in ordered him up the embankment. They went single file, Kunkle, then good spirits, occasionally demonstrating a sense of humor. Shoemaker, then Walters. As Shoe- maker took hold of a sapling to help himself up the bank, Walters grabbed the .38 caliber revolver from the train was flagged and the warden was kind of trouble–he answered that he warden’s holster. Feeling this, the war- transported to Robert Packer Hospital, just “lost his head.” den started to turn around. Walters in Sayre. shouted, “I’ll get you now,” and at After firing the shot, Walters Courageous struggle point-blank range pointed the revolver stumbled across the creek and fell William Shoemaker made a coura- down, losing Shoemaker’s revolver. He geous struggle for his life. He was fled into the woods near Merryall. conscious and coherent, and remained Within a very short time, dozens of in good spirits, occasionally demon- local and state police converged on the strating a sense of humor. He had area. A search party using blood- regained some feeling in his shoulders, hounds combed the woods for the rest and partial use of his arms. The doc- of the night, but was unable to find tors were hopeful that Shoemaker Walters. Later that day, Walters would survive his wounds, although he showed up at the farm of his father-in- would be paralyzed to some degree for law, R.E. Junk, and from there turned life. But even in this stricken state, he himself over to the authorities. He had to contend with the unpopular photo-Jay Osman made a full confession to District At- nature of his work. His wife, Etta, who at Shoemaker and pulled the trigger. torney William G. Schrier, but later had remained with him since the The bullet entered the back of the neck would change his story. When asked shooting, stepped out of his hospital and struck the spinal column, in- why he did it–after all, he wasn’t in any room for a bite to eat. When she re- stantly paralyzing the warden from the neck down. Gregory, hearing the shot, thought it was a distress signal from his father, and started running in that direction. He spotted a horrified Harry Kunkle cresting the bank and running toward the bridge. He ordered Kunkle to halt, and fired a warning shot in the air. The panic-stricken Kunkle turned and ran toward Gregory shouting, “I didn’t shoot him, I didn’t shoot him–it was Pete.” Gregory told Kunkle to come with him and together they rushed to the place where the warden had fallen. Shoemaker was still conscious and asked his son to move him off the rocks where he was laying. After mov- ing his father, Gregory waved down a passing vehicle. With the help of its two occupants, and Kunkle, using the top of a discarded piano box as a photo-Jay Osman stretcher, the four of them carried the Present-day site of the shooting at the Route 706 Wyalusing Creek bridge, just north of mortally wounded warden to the Wyalusing. Remains of the old 1921 bridge abutment can be seen in the center of the nearby home of Charles Brown. Doc- photo. After the shooting, William Shoemaker was carried to the house in the tor J.C. Lee was summoned and gave background, then owned by Charles Brown. the warden as much aid and comfort as he could. At approximately 4 a.m., a

www.fish.state.pa.us PennsylvaniaPennsylvania AnglerAngler && BoaterBoater 13 The Line of Duty

The Evening Times (Sayre) extensively covered the shooting and trial. Note the questionable use of the word “finally” in the headline.

turned, she found a nurse slapping and bored any feeling of enmity against punching the helpless man as hard as the warden are not worthy of citizen- she could. The nurse, the daughter of ship in this country.” a man Shoemaker had arrested and He spoke of the warden’s “exem- heavily fined, was immediately dis- plary traits of character” and “faithful On Sunday, September 25,1921, missed, and Etta would never again performance of his duty.” He told Warden William E. Shoemaker was laid leave her husband alone. those gathered to look around at the to rest in the family plot at the Lacey As doctors were becoming more and number of distinguished people Street Cemetery in Laceyville. more optimistic with every passing present, and let that “silently speak day, the warden’s condition took a sud- volumes” about the type of man War- The trial den turn for the worse. Over the den Shoemaker was. To the grieving Peter Walters was then charged with period of a week, he became weaker by family, Reverend Bennett offered the first-degree murder. He pleaded not the day. following recitation: guilty. Unable to hire his own council, At 6:30 in the morning of September the court appointed attorneys Ben- 22, 1921, 28 days after being shot, War- jamin Kuykendall and T.S. Hickok to den Shoemaker died. The autopsy handle the defense. District Attorney would show that the bullet had struck “If we could look beyond the William Schrier would prosecute the and broke the last vertebra in his neck, gate, so lately opened wide; case personally and seek the death pen- pushing part of it into the spinal cord. And see the dear one’s happi- alty. The presiding judge was the The official cause of death was degen- ness, upon the other side; Honorable William A. Maxwell. The eration of the spinal cord. Perhaps our grief would lighter trial was held in the Bradford County grow; our hearts be satisfied. Courthouse in Towanda. Jury selec- “No night there” tion began on December 14, 1921. The funeral of Warden Shoemaker Beyond earth’s latest sunset, Over 85 prospective jurors had to be was attended by Pennsylvania Fish there is a land most bright; called before the required number Commission officials, politicians, state Where a fadeless day is glowing, could be found. The points of conten- and local officials, prominent busi- beyond the reach of night. tion were disapproval of the death nessmen, and law enforcement Beyond earth’s final heartache, sentence, strong opinions about Shoe- officers, including most of his fellow there lies a country fair; maker, or strong opinions about district fish wardens. There were more Where grief can never find us, Walters. people paying their last respects than nor sorrow enter there. The trial began on December 17, the Baptist Church in Laceyville could with Harry Kunkle taking the stand hold, and many stood outside. There Beyond earth’s latest suffering, first. He proved to be an accurate, were so many floral offerings, it was there lies a land of peace; credible witness. Gregory Shoemaker described as a “wilderness of flowers” Where trouble never cometh, was next, and he described the events by the Reverend Lew Cass Bennett. and pain and dying cease. of August 25 with meticulous detail. Reverend Bennett, a long-time friend No night there, no sorrow and He told the court his father was con- of William Shoemaker, was well aware no fears; scious when he first approached him, of what the warden had endured No night there, no pain, no and that the warden had told him, “Pe- throughout his career. But he would death, no tears. ter Walters did it–he did it with my see to it there would be no animosity No night there, all care has own gun.” shown Warden Shoemaker on this day. passed away; The defense kept Peter Walters from He began the service with a stern warn- No night there, but endless, testifying because he was anything but ing, “that no man...should mention fearless day.” remorseful. He was described as seem- anything derogatory of [Warden Shoe- –author unknown ing “almost proud” of what he had maker] if that man desired the done. The The Evening Times (Sayre) speaker’s respect...those men who har- quoted him as saying before the

14 PennsylvaniaPennsylvania Angler Angler & & Boater Boater www.fish.state.pa.us www.fish.state.pa.us warden’s death, “wasn’t it a pretty top of the courthouse and replace it good job for a little fellow like me to with a mocking clown.” get up behind him and shoot him with The case was turned over to the jury his own revolver?” of 12 men at 5 p.m., December 23. At 9 Osman photo-Jay To everyone’s astonishment, p.m. that same evening, Judge Maxwell Epilogue Walters’ lawyers argued was informed that the S. Gregory Shoemaker was deeply af- he was acting in self-de- jury had reached a ver- fected by this tragedy and moved from fense. They claimed dict. He assembled the the area soon after the shooting. He Shoemaker intimidated court, and Jury Foreman would never again have anything to do Walters, and he feared Encell Taylor read the with law enforcement work. For the re- the warden would harm verdict: “Not guilty of mainder of his life, he avoided talking him. At one point, they murder but guilty of vol- about his father’s death, even with family suggested the fatal bullet untary manslaughter.” members. He died in 1978 at the age entered the front of the It was considered a of 86, and is buried in Vestel Hills neck, proving that Shoe- stunning victory for the Memorial Park Cemetery, Vestel, NY. maker was attacking defense, but more accu- Myron E. Shoemaker was appointed Walters, but they failed rately it reflected the district fish warden, his father’s posi- to explain how it was strong feelings of that tion, the day after the shooting. He that Walters had the era against conservation remained with the Fish warden’s revolver. None officers. Judge Maxwell Commission until of their self-defense would later comment 1941, when he ac- theory could be proven, that he believed the de- cepted a position with and it directly contra- cision was lenient, and the National Wildlife dicted the autopsy attributed it to the Federation. He went report and the testimony defense’s plea to the on to champion con- of Kunkle, who said that jury that Walters be servation causes and the warden had little to shown mercy because he became a sought-after do with Walters after he had a wife and children lecturer, writing two books and many displayed his license. to support. Walters was articles on the subject. He’s listed in It was generally thought freed on $5,000 bail un- “Who’s Who in Conservation,” and be- that the defense had pre- til his sentencing. came an honorary member of many sented a weak case. But in Sentencing took place conservation groups throughout the light of the overwhelming evi- on February 13, 1922, in the Court- United States. He died in 1984 at the dence against Walters, there was little house. Judge Maxwell read, “Not less age of 91. He is buried in Laceyville be- else they could do to defend him. than nine years and not to exceed 10 side his wife, mother, and father. In his closing argument, District years...and a fine of $100.” On the Inscribed on the headstone he shares Attorney Schrier told the jury “...if same day, in the same courtroom, a with his wife, Anna, are the words, “Mr. Walters is not convicted, you might as man was sentenced to the same & Mrs. Endless Mountains.” well take the Statue of Justice from the amount of time and a stiffer fine for Etta Gregory Shoemaker remained stealing an automobile. in Laceyville in the same house she had shared with her husband. She never remarried. She died at age 73. Harry Kunkle remained in Bradford County, where he raised a large fam- ily. He died December 29, 1983, at the age of 78. Peter Walters was incarcerated Feb- ruary 14, 1922, at Eastern State Penitentiary, in Philadelphia. In 1928 he was transferred to Graterford Prison. The verdict: “Not guilty of murder but guilty of voluntary manslaughter.” It was considered He was paroled on February 13, 1931, a stunning victory for the defense, but more accurately it reflected the strong feelings of that having served the minimum sentence era against conservation officers. The sentence: “Not less than nine years and not to exceed of nine years. After his parole, he con- 10 years...and a fine of $100.” On the same day, in the same courtroom, a man was tinued to live in the Wyalusing area with sentenced to the same amount of time and a stiffer fine for stealing an automobile. his wife and children.– JO. photo-courtesy of the PA Game Commission of the PA photo-courtesy

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