The murders of Lawrence Smoyer and William Wathen
Albion, Boone County, Nebraska · 1937
Overview
On the morning of Thursday, June 17, 1937, Boone County, Nebraska, Sheriff Lawrence Smoyer, 41, and Constable William Wathen, 53, drove into a cattle pasture about 25 miles northwest of Albion to check on a suspicious car and trespassing complaint that a rancher had reported several days in a row. They were shot by two well-dressed men in a stolen black 1937 Ford Coupe with Colorado plates. Smoyer died instantly. Wathen, shot in the hips, lived 108 days and died on October 3, 1937, after leaving a detailed written account of the men, the car and its plate. Investigators identified Charles Orville Doody and Marion Armstrong Cooley, two career criminals from Colorado, within three days, and about a year later had enough evidence for a first-degree murder warrant for Cooley. But Cooley was in a Colorado prison, nobody knew where Doody was, and by the time Cooley was paroled in 1948 the original investigators had retired, died or been scattered by the war. Nobody was ever tried. The case stayed open until late December 2014, when a man who said he was Doody’s son phoned a Nebraska sheriff and said he was convinced his father was involved. After a three-year effort that included tracking down decades-old case files, the Nebraska Attorney General’s Office announced on October 3, 2017, eighty years to the day after Wathen’s death, that the two men, both long dead, were responsible.
How it was solved
Nothing in this solve was new science; it was old paper, found again. Wathen, wounded in the pasture, wrote down descriptions of both men, the car, its license plate and the shooting, and recorded that he had shot at the car several times, according to the Attorney General’s report. Within three days investigators learned the Ford had been stolen in Denver, with plates taken from a Boulder mining company, and Colorado authorities identified the thieves as Doody and Cooley. The car turned up in Cheyenne, Wyoming, with bullet damage. The report said three eyewitnesses independently identified Cooley, a plaster of Paris cast matched his footprints, and when he was apprehended in Cheyenne his shoes were black and white saddle shoes dyed black, as Wathen and a witness had described. About a year later there was enough evidence for a first-degree murder warrant for Cooley, but he was serving a third Colorado term and, under the law then, Nebraska had to wait until his parole in 1948, by which time the original investigators had retired, died or gone to unknown military posts. No warrant was obtained for Doody, whose whereabouts were unknown. The Associated Press reported that the files were shuffled when the Nebraska State Sheriff’s Association was reorganized into the State Patrol and were not found again until about three years before the announcement. What reopened the case was a phone call in late December 2014 from a man who said he was Doody’s son; he had read a Nebraska Life magazine story and told the Seward County sheriff he was convinced his father was involved. The sheriff, who had spent years going through the files, scrapbooks kept by Wathen’s daughter and conversations with Smoyer’s brother, teamed with Bill Black, an investigator for the Attorney General’s Office. On October 3, 2017 the office announced that Doody, who died in 1995, and Cooley, who died in 1965, were the shooters. Neither was charged, because both were dead.
Sources
- Resolution to 80 Year-Old Case Announced in Albion (October 3, 2017)
“The suspects responsible for the homicides were Charles Orville Doody and Marion Armstrong Cooley, who are tied to the crime scene by numerous articles of evidence.”
- Suspects identified in 1937 murder case (October 3, 2017)
“A plaster of Paris cast matched Cooley’s footprints to the scene of the crime.”
- Nebraska attorney general: 1937 killings of 2 lawmen solved (October 3, 2017)
“It was a phone call urging renewed scrutiny of the unsolved 1937 killings of two eastern-central Nebraska lawmen that helped lead to a re-examination and solving of the case, Nebraska investigators said Tuesday.”
- 80 years later, Boone County murders resolved (October 2017)
“Plus, witnesses in Albion identified Cooley as one of the men in the car, and plaster of Paris casts of Cooley’s footprints and tire tracks of the car matched Cooley’s footprints and the tires of the Ford Coupe.”
- Cold case finally closed after 80 years (October 3, 2017)
“found the suspects lied about their whereabouts the day of the shootout”
- Nebraska cold case solved: 1937 murder of two Boone County officers (October 3, 2017)
“She said they all knew the story and that her uncle, Scout Smoyer, who took over as sheriff when Lawrence died, knew all along who had done it.”
- 80-year-old Nebraska cold case solved (October 3, 2017)
“The Nebraska Attorney General's Office says they've identified the murderers as Charles Orville Doody and Marion Armstrong Cooley.”
- Nebraska attorney general: 1937 killings of 2 lawmen solved (Associated Press, October 3, 2017)
“Investigators say a re-examination of long-buried case files shows that two known criminals were responsible for a shooting that killed Wathen and another Nebraska lawman in 1937.”
- Nebraska Attorney General’s Office Announces Resolution to 80 year-old Albion Cold Case (October 3, 2017)
“It was Wathens detailed, written account that provided enough clues leading to the eventual solving of the case.”