Minnesota’s oldest unsolved murder

By: Karl Salkowski

Fort Snelling

Two soldiers met at Fort Snelling in the late 1830s. One of which was Edward Phalen. He wasn’t known to be trustworthy and had a criminal past, but he was going to be discharged at the perfect time. The United States had just signed a treaty in 1837 allowing White settlers to occupy lands on the Mississippi River across from Fort Snelling. Phalen saw this opportunity, but was short on cash, so he enlisted his friend Hays.

Hays was the polar opposite of Phalen: affable, trustworthy, cordial. Hays however was slated to be discharged much later, and by that time all the best land would be taken. Thus, the two of them decided to work together. According to Minnpost.com “Phalen left the army on June 8, 1838. He then rushed to claim two land parcels in what later became downtown St. Paul, along the Mississippi from the foot of Eagle Street to the Robert Street Bridge.”

Once Hays was discharged on April 25th, 1839, he and Phalen decided to begin farming. Allegedly, multiple neighbors heard them get into many heated arguments throughout the next few months. Hays later disappeared in September of 1839. According to Phalen, he had left to find a lost calf. However, Hays was found dead, floating on the Mississippi River three weeks later.

According to Mprnews.org, Henry Sibley, who would later become the first governor of Minnesota, was tasked with investigating the case. Soon he came to the conclusion that Phalen was behind it. Phalen was soon arrested and tried for the murder, making it the first murder in Minnesota to make it to the US courts. Phalen lied in his testimony and his story contradicted what had happened, but against all odds he was found not-guilty due to a lack of evidence.

According to Mprnews.org, it was reported that a Native American had made a deathbed confession admitting to the murder of Hays a couple years later, but most people still believe Phalen was behind it.

Although Phalen was almost certainly a murderer, many things in the Saint Paul area were named after him due to his early land claims. Some of these being: St. Paul’s Lake Phalen, Phalen Creek, Phalen Boulevard, and the Payne-Phalen neighborhood. People have objected to these names since as early as 1876. Williams, the 19th century historian, wrote, “It is a disgrace that the name of this brutal murderer has been affixed to one of our most beautiful lakes.”

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