Lavinia Burnett

Case details

Lavinia Burnett (née Sharp) died November 8, 1845. She was executed by hanging on November 8, 1845. She was the first woman executed in the state of Arkansas.

Lavinia Burnett, her husband Crawford Burnett, and their son John Burnett were arrested, tried, and convicted of the murder of Jonathan Selby, who lived near Fayetteville, Arkansas. Selby was a bachelor and was murdered at his home several miles outside of Fayetteville.

The offence

Jonathan Selby was murdered, and the theory was that Selby had been killed for a large sum of money he supposedly kept hidden in his home. Suspicion fell on the Burnetts after Selby was killed.

A daughter, Minerva Burnett (about fifteen years of age), informed authorities that all three—Crawford, Lavinia, and John Burnett—were involved in a plan and were present when it was carried out. Minerva reported that her parents had planned the murder and that her brother John had executed it. In later accounts, it was stated that there was a consensus among well-known and influential attorneys after the death of the three Burnetts that Minerva lied about her parents and brother out of revenge.

Investigation

Suspicion fell upon Crawford Burnett, his wife Lavinia Burnett, and their son John after Jonathan Selby was murdered. The Burnetts were taken into custody, but John Burnett had left for Missouri before the arrests and could not be found at first.

Arrest

Crawford Burnett and Lavinia Burnett were taken into custody following the arrests, while John Burnett had gone to Missouri and was not taken into custody at the time. Soon after the execution of Lavinia and Crawford, John Burnett was arrested in Missouri and returned to the county.

Trial

Charges and trial structure

The defendants were tried at a special term in October 1845. Crawford and Lavinia Burnett were tried separately.

At the special term, the opening day was October 3, 1845, with Circuit Judge Gibson G. Sneed presiding. Sheriff Elijah O’Brian was ordered to summon 38 men for a grand jury. The grand jury was empaneled, instructed by the prosecuting attorney, A.H. Greenwood, and retired to deliberate.

Thomas Wilson, foreman of the grand jury, reported that the jurors indicted Crawford and Lavinia Burnett on a charge of murder in the death of Selby.

On Saturday, October 4, 1845, both defendants pleaded not guilty and asked for a trial by jury. Judge Sneed ordered the sheriff to secure a jury panel and released Minerva Burnett until Monday, October 6, 1845, under a $100 bond. A second witness, Hardin Sharp, was freed under a similar bond.

On Monday morning, October 6, 1845, the Burnetts’ attorney Charles G. Baylor asked to be relieved of his duties. Judge Sneed complied and appointed Isaac Strain and James P. Neal as defense attorneys. Isaac Murphy also volunteered his services for the defense.

Crawford Burnett trial (October 1845)

During the trial of Crawford Burnett, the principal witness was his daughter Minerva, who testified about the alleged plotting and involvement by her parents and her brother. The jury returned a guilty verdict of first degree murder.

Lavinia Burnett trial (October 1845)

During Lavinia Burnett’s trial, Minerva Burnett again testified that she had heard her parents plotting the death of Selby with her brother John. The jury returned a guilty verdict after brief deliberation.

Sentencing remarks and dates

Judge Sneed pronounced sentence on the two defendants on Tuesday, October 10, 1845. The sentence ordered them taken to the common gallows and hanged by the neck until dead. The sentencing required execution between 12 o’clock noon and 3 p.m.

Sentencing

Lavinia Burnett was sentenced to be hanged on November 8, 1845, less than thirty days after the trial.

Outcome

At the appointed time, a gallows was erected on the hill south of town, not far from the National Cemetery. Lavinia Burnett was hanged on November 8, 1845, in the presence of a large crowd.

The hanging was reportedly well attended, with almost the entire county who were able to reach Fayetteville on that day on hand by the time of the executions.

Aftermath

Soon after the execution of her parents, John Burnett was arrested in Missouri and returned to Fayetteville for trial. John Burnett was indicted by a grand jury on December 1, 1845, and efforts to select a jury began the following day.

John Burnett was tried promptly in circuit court before Judge Sneed, found guilty, and sentenced to death. His attorneys were Isaac Murphy and A. M. Wilson. John Burnett was hanged on December 26, 1845, on the same scaffold where his parents had met their deaths less than two months before.

Other details

• Lavinia Burnett was also referred to as “Mrs. Lavinia Burnett” in the accounts.
• The outcome that Lavinia Burnett was executed on November 8, 1845, made her the first recorded execution of a woman in Arkansas history, and it was also described as the only such execution until the year 2000.
• Isaac Murphy later served as governor of the state during Reconstruction.