The Case of Thomas Dula

The Story: A Narrative Reconstruction

What follows is a narrative account built entirely from witness testimony, court records, and contemporary newspapers. The words in quotation marks come directly from the historical documents. This is what witnesses claimed happened—not necessarily what actually occurred.

Part I: The Tangled Relationships

The Melton Household

In the spring of 1866, a young woman named Pauline Foster came to live at the home of James and Ann Melton as a "hireling"—a hired worker. The household she entered was unconventional by any standard.

Pauline Foster later testified: "I was staying at James Meltons as a hireling... I went there for the first time in March last. Dula was at the house; he was there most every day while in the settlement; he stayed there sometimes at night."

What she witnessed shocked even by the relaxed standards of a frontier community. "I have seen him in bed with Ann Melton, wife of James Melton, frequently," she testified. "There were three beds in the room. James Melton did not sleep with his wife. The prisoner would slip to bed with her after she had gone to bed—he would first lay down with James Melton."

James Melton, a shoemaker, apparently tolerated or perhaps enabled this arrangement. Thomas Dula, age 21 or 22, was a Confederate veteran who had returned from the war to his mother's home in Wilkes County. Ann Melton, also around 22 years old, was described by newspapers as "a most beautiful woman" with "the manners and bearing of an accomplished lady" despite being "entirely uneducated."

The Disease Triangle

But in March or April 1866, something went terribly wrong. Thomas Dula sought medical treatment from Dr. George N. Carter. The doctor later testified: "The prisoner applied for remedies for a venereal disease in the months of March & April last. He told me that he caught it from Laura Foster."

Laura Foster was another young woman, age 22 or 23, who lived five miles away with her father, Wilson Foster. Newspapers described her as "beautiful, but frail"—a polite way of saying she had sexual relationships outside of marriage. Wilson Foster himself testified that he "had seen them [Dula and Laura] in bed together."

The disease created a triangle of infection and resentment. Pauline Foster testified about what happened next: "Ann Melton became sick, the remedies she used were blue stone, blue mass & caustic." When asked by prosecutors what was wrong with Ann, Pauline stated: "Ann Melton told her, not in the presence of Dula however, that Dula had given her the Pock—and that this was said about a month after the witness went to live at Meltons and previous to Laura Foster's disappearance."

"The Pock" was syphilis. Thomas Dula had contracted it from Laura Foster, then passed it to Ann Melton.

Jealousy and Threats

The revelation created jealous rage. Pauline testified: "I have heard Ann Melton say she intended to have revenge or kill her or have her killed." These weren't idle words. Ann Melton, according to multiple witnesses, was fixated on Laura Foster.

And Dula himself made threats. R.D. Hall testified: "The prisoner one day about the middle of May last, at my house, as he was coming from preaching, said to me that he was diseased, and he was going to put them through, who diseased him. I replied, Tom, I would not do that."

The stage was set for violence.

Part II: Thursday, May 24, 1866

"Work Some Devilment Out of Himself"

On Thursday morning, Thomas Dula walked to the home of Lotty Foster, Ann Melton's mother. Lotty Foster testified: "I saw the prisoner at my house on Thursday before Laura Foster disappeared. He came from James Melton's—he asked to borrow a mattock; he got it & started off in the direction of his Mothers house. I didn't see the mattock again under 3 or 4 days."

A mattock is a digging tool, essentially a pickaxe. Why did Dula need it? Thomas Foster, Lotty's son, provided a chilling detail: When Dula borrowed the mattock, "he said he wanted to work some devilment out of himself."

Later that day, Martha Gilbert saw something suspicious. She testified: "On the Wednesday or Thursday before the Friday of Laura Foster's disappearance, I saw the prisoner on the road between Mrs. Dula's & Lotty Fosters—he had a mattock & was skelping along side the path with it."

"Skelping" meant digging or cutting away earth. When Martha asked what he was doing, "he said he was fixing the path & making the road wider so he could go along of nights." The location was telling: "It was between 200 & 300 yards from where I saw him standing to the grave."

Thomas Dula was digging a grave.

Ann Melton Disappears

That same Thursday, something equally strange occurred at the Melton household. Pauline Foster testified: "Ann Melton left her husbands house on the Thursday before that Friday in May after dinner, with the canteen of Liquor which had been filled for the prisoner, and went in the direction of the ridge road."

Where did she go? "She was absent from that time until an hour before day on Friday." All night long, Ann Melton was gone. When she finally returned, "she came and got in bed with me; I left her in bed when I went to work; her dress was wet & so were her shoes—she laid in bed until after breakfast."

Her clothes were wet. Where had she been? What had she been doing all night?

Part III: Friday, May 25, 1866 — The Disappearance

Laura Leaves Home

Before daybreak on Friday morning, Laura Foster left her father's house. She took his mare, riding bareback, and carried a bundle of clothes with her. Wilson Foster testified: "When I got up Friday morning, I missed Laura & my mare. The mare came back with the halter rope broke."

On the road, Laura encountered Mrs. Betsy Scott. In testimony that would later cause the first trial to be reversed on appeal, Mrs. Scott described their conversation. Laura told her she was going to meet Thomas Dula at a place called "the Bates Place"—an isolated location used for clandestine meetings.

Did Laura think she was eloping? Getting married? The bundle of clothes suggests she planned to be gone for some time. But she would never reach her destination—or if she did, she would never leave it alive.

Dula on the Move

That same morning, multiple witnesses saw Thomas Dula traveling on paths that led toward the Bates Place.

C. Carlton testified: "On the morning Laura Foster left, I saw Dula walking through my yard soon after sun up—he was going in the direction of the Bates place; his clothes were wet with dew."

Hezekiah Kendall saw him around 8 AM: "I saw the prisoner on the Friday morning that Laura Foster disappeared, going in the direction of the Bates place... his pants were wet below the knees. I asked him jokingly if he had been after the women. He said 'No, I have quit that.'"

Later that morning, Pauline Foster witnessed a strange scene at the Melton house: "This was the morning I mentioned that Dula stood over her [Ann Melton] & talked with her while she was in bed." Thomas Dula, leaning over Ann Melton's bed, speaking in a low voice. What was he telling her?

The Search Begins

When Wilson Foster's mare returned without Laura, he grew concerned. He waited. Days passed. No Laura. Wilson Foster testified: "I went in pursuit of Laura. I tracked my mare from my house to the Bates place by a peculiar mark on one of the hoofs."

The mare had gone to the Bates Place. But where was Laura?

Weeks later, Wilson Foster found something else. "I found a piece of the rope about 3 weeks or a month after Laura disappeared. It was hanging to a dogwood on the ridge near the Bates place. I made this rope & I know it."

The broken halter rope—the other piece was found tied to a tree near the Bates Place. Laura Foster had been there. But what happened next?

Part IV: The Secret That Wouldn't Keep

Dula Returns

On Saturday morning, the day after Laura disappeared, Thomas Dula came to the Melton house. Pauline Foster testified: "On Saturday morning Dula came early—he and Ann Melton conversed together in a low tone for half an hour. He said he came for his fiddle & to get his shoes mended."

Pauline, perhaps suspecting something, made a pointed remark: "I remarked to him 'I thought you had run away with Laura Foster'—he laughed & said, 'I have no use for Laura Foster.'"

No use for her. Not anymore.

Dula stayed that night, sleeping with James Melton. "Dula was there every day or night after that as long as he remained in the settlement," Pauline testified. "He remained in the settlement some 4 weeks after the disappearance of Laura Foster & then left for Tennessee."

The Strange Preparations

The afternoon before Dula fled to Tennessee, Ann Melton did something bizarre. Pauline Foster's testimony is detailed and specific:

"In the afternoon of the day before Dula left for Tennessee, Ann Melton tore a Clapboard off the house & scraped the dirt & made a hole through the chinking & tied a string to a nail on the outside & put the other end in her bed. She also put a knife under the head of the bed."

A string running through the wall from outside to her bed. A knife hidden under the bedframe. Why?

When Dula arrived that night, "he looked disturbed," Pauline testified. She described an emotional farewell: "He came to the bed where she was & took hold of her hand & she of his... both were sobbing & crying—this was kept up an hour or more."

Before leaving, "Ann Melton put her arms around the prisoner's neck & they seemed unwilling to part." Then Thomas Dula left for Tennessee.

Pauline's Dangerous Joke

Meanwhile, the community was buzzing with suspicion about Laura Foster's disappearance. And Pauline Foster, for reasons that remain unclear, made a catastrophic joke.

Witnesses Ben Ferguson and Jack Atkins testified that Pauline joked with them, saying "Tom Dula and me killed Laura Foster." She later admitted under oath that she had indeed made this statement, though she claimed it was said "in a joking way."

The joke backfired spectacularly. Pauline Foster was arrested and thrown in jail.

The Fight

At some point, Ann Melton confronted Pauline about what she had told the authorities. The encounter turned violent. Mrs. James Scott testified about what happened at her house:

"Ann Melton and Pauline Foster got into a quarrel at my house. Ann caught hold of Pauline by the throat & choked her—said Pauline had said enough to Jack Atkins & Ben Ferguson to hang you & Tom Dula—or to hang her ownself. Ann also said 'Come out Tom Dula & let us Kill some more.'"

After the fight, Ann Melton tried to ensure Mrs. Scott's silence. Scott testified: "Ann Melton enjoined me to let it be a dying secret & threatened to follow me to Hell if I told it."

Part V: The Discovery

The Jail Confession

Sitting in jail, facing possible charges herself, Pauline Foster made a decision. She told authorities where to find Laura Foster's body.

She described how Ann Melton had once started to show her the grave. "One day I was going to Lotty Fosters, when Ann Melton called me back & told me to go with her. We went some distance on the ridge... Ann Melton led me to a place where leaves had been raked up & she covered the place with her foot—told me to go no further. She stopped & I went on."

Using this information, searchers went to the ridge in late August or early September 1866.

The Horse Snorted

Col. J.M. Isbell, who would later draw the map used at trial, described the moment of discovery:

"I was at the grave at the time of its discovery; my father in law was with me... we went with her [Pauline Foster] to the ridge, came to the log, saw where dirt had been removed—This was the spot where she stated she stopped following Ann Melton. After half an hour's search we found the grave 75 yards from this place. The earth had been carried away & the sod replaced. It escaped our observation until my companions horse snorted & gave signs of smelling something. We then searched narrowly about the spot & by probing the ground discovered the grave."

The grave was shallow, carefully concealed beneath replaced sod and leaves. "It was dug in a bed of leaves in hard ground," Isbell testified. "The mattock prints could be seen in the side of the grave."

The Grim Identification

Wilson Foster was called to identify the body. His testimony is heartbreaking in its specificity:

"I saw the corpse of Laura—knew it by the teeth & by the shape of the face, which looked natural. I recognized her cloths, she had on two dresses—one store clothes, the other home made. I knew her shoes, had a hole in them which I remembered. James Melton made them. I recognized her fine tooth comb. Before leaving home she had boils about her shoulder."

Dr. George N. Carter examined the body: "I saw the body of Laura Foster... There was a stab on the left breast... between the 3rd & 4th ribs... If the point of the blade had been a little elevated it would have cut the heart. The wound was an inch wide and apparently six inches deep."

Laura Foster had been stabbed through the heart and buried in a shallow grave in a laurel thicket. The bundle of clothes she had carried was found in the grave with her.

Part VI: Justice—Or Something Like It

The Arrests

Thomas Dula was tracked to Tennessee, where he had been living under the assumed name "Hall." He was arrested and brought back to North Carolina. Ann Melton was also arrested. Both were charged—Dula as principal, Ann Melton as accessory before the fact, accused of inciting, moving, abetting, and procuring him to commit murder.

The Trials

Dula was tried twice—the first conviction was reversed by the North Carolina Supreme Court due to improper admission of hearsay evidence. At the second trial in January 1868, he was again convicted. Throughout both trials, he maintained his innocence, aided by former Governor Zebulon B. Vance and other prominent attorneys.

Newspapers reported that Ann Melton attended both of Dula's trials and "heard his sentence without exhibiting any visible emotion."

The Final Night

On April 30, 1868, the night before his execution, Thomas Dula did something unexpected. The New York Herald reported:

"Before being finally left for the night by the jailer he requested that Mr. Allison, one of his counsel, be sent for, and while charging him with the strictest injunction as to secrecy while he was living, handed him the following, written in a rude manner with a pencil: 'STATEMENT OF THOMAS C. DULA. I declare that I am the only person that had any hand in the murder of Laura Foster. APRIL, 30, 1868.'"

A confession. But given in secret, to be revealed only after his death. Why?

That same night, the jailer discovered Dula had "filed through his shackles with a piece of window glass." He had been planning an escape but never attempted it.

The Gallows

On May 1, 1868, nearly 3,000 people gathered in Statesville to watch Thomas Dula hang. Before the execution, he gave an hour-long speech. He talked about his childhood, his army service, politics. He accused witnesses—particularly Col. Isbell—of committing perjury against him. He said "had there been no lies sworn against him he would not have been there."

But he never publicly confessed to murdering Laura Foster.

At 2:24 PM, the cart was moved. Thomas Dula dropped about two feet. His neck did not break. "He breathed about five minutes and did not struggle," the Herald reported. "The pulse beat for ten minutes, and in thirteen minutes life was declared extinct."

Ann Melton Walks Free

Five months later, in October 1868, Ann Melton was tried at Wilkes County Superior Court. Despite much of the same evidence that had convicted Dula twice, the jury deliberated and returned a verdict:

"Not Guilty of the felony and murder as principal accessory before the fact."

The court ordered: "It is adjudged by the Court that the prisoner go."

Ann Melton walked out of the courtroom a free woman.

Epilogue: The Violence Continues

Two years after Thomas Dula's execution, the Statesville American reported an incident that showed the case still divided the community:

"BARN BURNT.—We regret to learn that the barn of Mr James Horton, a most worthy citizen of Wilkes county, was fired by an incendiary and totally consumed, with a quantity of grain, wagons, &c., recently... The incendiary is thought to belong to the 'Ann Melton' set, in revenge for something connected with her trial in the Laura Foster murder case and Tom Dula."

The "Ann Melton set"—she had supporters. People who believed her innocent, or who at least believed the case against her was unjust. And they were willing to use violence to settle old scores.

The case of Thomas Dula was over. But the wounds it left in Wilkes County would take years to heal.

What Really Happened?

That's the story as told through witness testimony, court records, and newspaper accounts. But crucial questions remain:

• Did Thomas Dula act alone, as his written confession claimed?
• Was Ann Melton involved in the actual killing?
• Where was Ann Melton all Thursday night, and why were her clothes wet when she returned Friday morning?
• Was Pauline Foster telling the truth, or inventing a story to save herself from jail?
• Why did Dula insist his confession remain secret until after his death?
• Why was Ann Melton acquitted when the evidence against her seemed so strong?

We don't know. The documents tell us what people said happened. They cannot tell us what actually happened on that Friday morning in May 1866 when Laura Foster rode away from her father's house and never returned.

The case of Thomas Dula remains, in essential ways, a mystery.

Timeline of Events

Follow the case from crime to execution through court records and contemporary newspapers.

The Evidence

The State built its case entirely on circumstantial evidence - no one witnessed the actual murder.

The Motive: Disease, Jealousy, and Revenge

Dr. George N. Carter testified that Thomas Dula came to him in March/April 1866 for treatment of syphilis. Dula told the doctor he "caught it from Laura Foster."

Pauline Foster testified that Ann Melton told her Thomas Dula "had given her the Pock" - syphilis that he contracted from Laura Foster.

Pauline Foster's testimony about Ann Melton saying Dula gave her "the Pock" (syphilis)

R.D. Hall testified that in mid-May 1866, Dula said: "I am diseased, and I am going to put them through, who diseased him."

R.D. Hall's testimony about Dula's threat to "put them through, who diseased him"

The prosecution argued this created dual motives: Dula's anger at Laura for giving him the disease, and Ann Melton's jealousy over Dula's relationship with Laura.

Preparation for Murder

Multiple witnesses testified to suspicious behavior on Thursday, May 24, 1866:

The Mattock

Lotty Foster (Ann Melton's mother) testified that Dula borrowed a mattock on Thursday and didn't return it for 3-4 days.

Thomas Foster testified Dula said he wanted to "work some devilment out of himself."

Lotty Foster's testimony about Dula borrowing the mattock

Thomas Foster's chilling testimony about "work some devilment out of himself"

Digging Near the Grave Site

Martha Gilbert saw Dula "skelping" (digging) along the path with the mattock on Wednesday or Thursday, 200-300 yards from where the grave would be found. When asked what he was doing, Dula claimed he was "fixing the path & making the road wider so he could go along of nights."

Martha Gilbert's testimony about seeing Dula "skelping" with the mattock

Ann Melton's Absence

Ann Melton left her home Thursday afternoon and did not return until Friday morning before daybreak - her clothes were wet. Where was she? What was she doing?

Physical Evidence

The Geography

Col. Isbell's hand-drawn map showing the locations central to the case

The Grave

• Found in a laurel thicket on a ridge
• Shallow grave, approximately 2.5 feet deep
• So carefully concealed it escaped discovery for months
• Mattock prints visible in the hard side of the grave
• Laura's body badly decomposed
• Bundle of clothes found with the body

The Rope

• Laura's father's mare returned with broken rope halter
• Weeks later, the matching piece found tied to dogwood tree near Bates Place
• Wilson Foster testified he made the rope and recognized it

The "Blood Spot"

• Discolored earth about 200 yards from the grave
• Offensive smell different from surrounding earth
• Broken bushes piled on top
• Suggested Laura was killed at one location and moved to the grave

The Body

Wilson Foster identified his daughter's decomposed body through:

• Her teeth and facial structure
• Her clothing (two dresses, one store-bought, one homemade)
• Her shoes with a distinctive hole that James Melton had made
• Her fine tooth comb

Wilson Foster's painful testimony identifying his daughter's body

Dr. Carter testified to a stab wound in the left breast, one inch wide and six inches deep, between the 3rd and 4th ribs. If the blade was elevated, it would have penetrated the heart.

The Star Witness: Pauline Foster

Pauline Foster was the prosecution's key witness, but her reliability remains controversial.

Her Testimony Included:

• Frequent sexual relationship between Dula and Ann Melton
• Ann telling her Dula "gave her the Pock"
• Ann leaving Thursday with liquor canteen for Dula
• Ann returning Friday morning with wet clothes
• The night before Dula fled (sobbing, embracing, string through wall, knife under bed)
• Fight with Ann Melton where Ann said enough was said "to hang you & Tom Dula"
• Ann Melton leading her partway to the grave location

Questions About Her Credibility:

• She was in jail when she provided information about the grave
• She had joked to others that "Tom Dula and me killed Laura"
• She admitted to her own venereal disease
• She admitted sitting in Dula's lap and sleeping with him at Ann's request
• She had complex personal relationships with all the accused

However, Dr. Carter testified that her testimony at the second trial was "substantially the same" as the first trial with no conflicts. Much of her testimony was corroborated by other witnesses and physical evidence.

Flight and Consciousness of Guilt

After the search for Laura Foster began, Thomas Dula fled to Tennessee. He changed his name to "Hall." When brought back to North Carolina, he attempted to escape.

The prosecution argued this showed consciousness of guilt - an innocent man would not have fled.

The Legal Journey

The case wound through multiple courts over nearly two years, involving complex evidentiary issues that reached the North Carolina Supreme Court twice.

Wilkes County Grand Jury (September 1866)

The Grand Jury returned True Bills against:

• Thomas Dula - charged as principal in the murder
• Ann Melton - charged as accessory before the fact (inciting, moving, abetting, counseling, and procuring)

Ann Melton charged as accessory before the fact, accused of stirring up and procuring Dula to commit murder

Solicitor W.P. Caldwell entered nolle prosequi on the count charging Ann Melton as accessory after the fact (harboring Dula after the crime).

Change of Venue Granted

Both defendants filed affidavits claiming they could not receive a fair trial in Wilkes County due to:

• Extensive public discussion ("canvassing") of the case
• "Much excitement" in the community
• Public prejudice making an impartial jury impossible

The court granted the motion and moved the case to Iredell County.

First Trial - Iredell County (October 1866)

Severance Granted

Thomas Dula filed affidavit requesting separate trial from Ann Melton, claiming her "confessions" would prejudice the jury against him. The court granted severance - they would be tried separately.

The Trial

• Judge: Hon. Ralph P. Buxton
• Defense: R.M. Allison, R.F. Armfield, and former Governor Zebulon B. Vance
• Prosecution: Solicitor W.P. Caldwell, assisted by J.M. Clement and N. Boyden
• Duration: Friday morning through Saturday night (October 19-20, 1866)
• Witnesses: Approximately 90-100 witnesses examined

The Wilmington Daily Dispatch reported the courtroom was "thronged with spectators and deep interest manifested in the result."

Contemporary newspaper describing the crime as one where "the calendar of crime contains not a darker deed"

The Verdict

Judge gave his charge to the jury after midnight. At daybreak Sunday morning, the jury returned:

GUILTY of felony and murder

The jury's verdict from the first trial

Sentencing

At 8:00 AM Sunday morning (October 21, 1866), Thomas Dula was sentenced to be hanged on November 9, 1866, between 10 AM and 4 PM.

The formal death sentence: "be hung by the neck until he be dead"

The defense immediately appealed to the Supreme Court. The execution was stayed pending appeal.

First Supreme Court Appeal (January 1867)

The Key Issue: Hearsay Evidence

Judge Buxton had admitted testimony from Mrs. Betsy Scott about what Laura Foster told her on the morning of May 25, 1866. Laura said:

• Tom Dula had come to her house "just before day"
• He had "gone around to flank Manda Barnes"
• She expected to meet him at the Bates Place

Chief Justice Richmond M. Pearson held this was error. While saying she was going to the Bates Place might be admissible as res gestae (part of the act itself), her other declarations about Dula were pure hearsay - not verified by oath or subject to cross-examination.

Chief Justice Pearson's handwritten opinion on the hearsay error

The Second Issue: Co-Conspirator Declarations

Judge Buxton had allowed Ann Melton's acts and declarations to go to the jury, instructing them to disregard them if they weren't satisfied of a conspiracy. The Supreme Court held the judge must decide the preliminary conspiracy question himself before admitting such evidence.

Result

CONVICTION REVERSED - New trial ordered

Wilkes County was ordered to pay the costs of appeal.

Second Trial - Court of Oyer & Terminer (January 1868)

Governor Jonathan Worth commissioned Judge William M. Shipp to hold a special Court of Oyer & Terminer (a special court for trying capital felonies) to expedite the case.

The Trial

• Date: January 20-24, 1868
• Judge: Hon. William M. Shipp
• Defense: Governor Zebulon B. Vance, Messrs. Furches and Allison
• Prosecution: Solicitor W.P. Caldwell, Messrs. Boyden and Clement
• Witnesses: Over 100 witnesses summoned

Newspapers described it as "one of the most thrilling trials that ever took place in this State." The court house was "crowded with an eager multitude who listen with breathless attention to the evidence."

Both Ann Melton and Thomas Dula were present throughout the trial. They "bear themselves very calmly and appear to take great interest in the proceedings, frequently rising to suggest inquiries and to prompt their counsel."

Key Evidentiary Correction

This time, Judge Shipp carefully avoided the errors that caused the first reversal:

• He heard evidence on the conspiracy and made his own preliminary finding before admitting Ann Melton's acts and declarations
• The Solicitor initially offered Laura Foster's declarations to Mrs. Scott, but later withdrew the testimony and asked the court and jury not to consider it

The Verdict

GUILTY of murder

The Wilmington Post reported: "The address of Gov. Vance to the Jury was ingenious, eloquent, and distinguished for legal lore of the highest grade; but failed to inspire the minds of the Jury with a 'reasonable doubt.'"

Dula was sentenced to hang on the second Friday in February 1868, but again appealed to the Supreme Court.

Second Supreme Court Appeal (January 1868)

Chief Justice Pearson again wrote the opinion. This time, the Court held:

• Judge Shipp had properly determined the preliminary conspiracy question
• Ann Melton's message via the "little girl" was admissible as part of the act, not a naked declaration
• Laura Foster's words to Mrs. Scott were technically admissible as res gestae, but since they were withdrawn, the issue was moot
• Technical objections to the indictment (singular "saith" instead of plural; "North Carolina" only in caption) were "not tenable"

Result

CONVICTION AFFIRMED

Wilkes County was ordered to pay $9.25 in costs.

Final Sentencing (April 1868)

On April 24, 1868, Judge Anderson Mitchell formally sentenced Thomas Dula to be hanged on Friday, May 1, 1868.

At the same session, Ann Melton's case was ordered removed back to Wilkes County for trial.

Ann Melton's Trial (October 1868)

Five months after Dula's execution, Ann Melton was tried at Wilkes County Superior Court - back where the case began.

The New Indictment

She was charged on three counts:

1. As principal (wielding the knife herself)
2. As accessory before the fact (inciting, moving, procuring, counseling, hiring, and commanding Thomas Dula)
3. Alternative count as accessory before the fact

The Trial

Trial lasted from October 19-26, 1868. "The whole day consumed in the examination of the witnesses."

The Verdict

NOT GUILTY on all counts

The jury found Ann Melton "not Guilty of the felony and murder as principal accessory before the fact"

The court ordered: "It is adjudged by the Court that the prisoner go."

Ann Melton walked free.

The Acquittal Mystery

Why was Ann Melton acquitted when much of the same evidence had convicted Thomas Dula twice?

The documentary record provides no explanation. Possible factors:

• She was tried alone, without Dula present
• Juries in the 1860s may have been reluctant to convict women of capital murder
• The jury may have believed Dula's written confession exonerating her
• The evidence against her depended on proving conspiracy, which may have been less compelling without Dula
• Public opinion may have shifted in the five months since Dula's execution

We simply don't know why the jury acquitted her.

The Unresolved Mystery

Despite 281 pages of court transcripts, 8 contemporary newspaper articles, and census records, fundamental questions remain unanswered.

What Actually Happened?

Did Thomas Dula Act Alone?

His written confession said: "I declare that I am the only person that had any hand in the murder of Laura Foster."

But:

• Why did Ann Melton leave home Thursday afternoon and return Friday morning with wet clothes?
• Why was there a "blood spot" separate from the grave - suggesting Laura was killed at one location and moved?
• Could one person have moved the body half a mile to the grave location?
• Why did Dula give the confession with "strictest injunction as to secrecy while he was living"?
• Why did he never confess publicly, even on the gallows?

Was the Confession True?

Dula's written confession raises as many questions as it answers:

• It was given the night before execution under extreme psychological duress
• It contradicted his consistent public denials
• He insisted it remain secret until after his death - why?
• Was he protecting Ann Melton? Or establishing a narrative for posterity?
• Was it true, false, or partially true?

The New York Herald observed: "His theory seemed to be that he would show the people that he could die 'game' with an awful crime resting upon his soul."

The Witness Credibility Problem

Can We Trust Pauline Foster?

The prosecution's star witness had serious credibility issues:

• She was in jail when she provided information about the grave
• She had joked about killing Laura Foster
• She had her own venereal disease and complex personal entanglements
• She admitted sitting in Dula's lap and sleeping with him
• The defense suggested she was bargaining for her freedom

But:

• Her testimony was consistent across two trials
• Much of it was corroborated by other witnesses
• The grave was found where she said it would be
• Dr. Carter testified she had "no conflict in her evidence"

Was she telling the truth, or inventing a story to save herself?

Mary Dula vs. Jesse Gilbert

Tom Dula's mother testified he was home Friday morning. Jesse Gilbert testified he saw Mrs. Dula Friday afternoon and she said she hadn't seen Tom that day.

One of them was lying. Which one? We can't know.

Dula's Accusations

In his gallows speech, Dula specifically accused Col. J.M. Isbell of perjury. Was Isbell lying? Or was Dula attempting to cast doubt on the prosecution's case with his dying breath?

The Unanswered Questions

About Thursday Night

• Where did Ann Melton go Thursday afternoon/night?
• Why were her clothes wet when she returned Friday morning?
• Was she with Dula preparing the grave? Or at the murder scene?
• If she was involved, why was she acquitted?

About Friday

• Did Laura Foster actually reach the Bates Place?
• Was she killed there (at the "blood spot") or elsewhere?
• Who was present at the actual murder?
• How was her body transported to the grave?

About the Evidence

• The knife is mentioned in the indictment ("value of five cents") but was never found - what happened to it?
• Was Laura Foster pregnant? One newspaper reported "it was believed" she was, but this was never proven
• What was the "blood spot"? If she was killed there, why move the body?
• Why was the grave so carefully concealed?

About the People

• Who was "Manda Barnes" mentioned in Laura's statement to Mrs. Scott?
• What was James Melton's role? Why did he tolerate the relationship between his wife and Dula?
• Did the New York Herald's rumor about Dula murdering someone in Wilmington during the war have any basis?
• What happened to Pauline Foster after the trials?
• What happened to Ann Melton after her acquittal?

Why Did the Jury Acquit Ann Melton?

This is perhaps the most puzzling question of all.

The evidence against her included:

• Testimony about conspiracy with Dula
• Her absence Thursday night and return with wet clothes
• Her jealousy as motive
• Her having the same venereal disease
• Her behavior (string through wall, knife under bed) the night Dula fled
• Her fight with Pauline Foster where she said enough was said "to hang you & Tom Dula"
• Her leading Pauline partway to the grave location

Much of this same evidence had convicted Dula - twice.

Yet the jury found her not guilty on all three counts (as principal, and two counts as accessory before the fact).

The documentary record provides no explanation for this verdict.

The Nature of Historical Truth

This case demonstrates the limits of documentary evidence in establishing historical truth.

We have:

• 281 pages of sworn testimony
• Supreme Court opinions analyzing the evidence
• Contemporary newspaper accounts
• A written confession from the convicted man
• Census records establishing ages

And yet we still cannot definitively answer:

• Who killed Laura Foster?
• Was Ann Melton involved?
• Which witnesses were telling the truth?
• Why was Ann Melton acquitted?

The documents tell us what people claimed happened. They cannot tell us what actually happened.

"This analysis presents the historical record of what was claimed and what legal proceedings occurred. It does not - and cannot - definitively establish what actually happened. The case of Thomas Dula remains, in many respects, an unsolved mystery."

Primary Source Documents

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Document Transcriptions

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Court Documents

Contemporary Newspapers