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From September, 1848, until June, 1851, no court was held so came the period known as the "Dark Ages". In 1843 three sons of John Brody settled in Benton County from Linn County. They were Stephen, Jessie, and Hugh. With them came David Wilson (his brother had been shot). Hugh Brody was said to be the "only decent Brody in the county". Principal thing about him was that he would go bail for his brothers, but this was quite natural.
Joel Leverick, who was a leading spirit of mischief and crime, and Chauncy Leverick were suspected of being members of a gang who operated for more than ten years through Benton and other counties. Horse stealing became so common that no one would leave his horsebarn doors unlocked and in many cases owners slept in their stables with rifles by their side. With gangs securing hiding places and so many gangs coming and going, it is no wonder the people lived in constant fear and dread.
About this time the Iowa Protection Company was organized by fifty good citizens who wanted to stop thieves and lynchings.
THE IOWA PROTECTION COMPANY
The Iowa Protection Company was organized of fifty good citizens opposed to thieving and lynching. John Forsyth was president. Elijah Evans was secretary, and George McCoy was treasurer.
The object of the society was to protect the property of the members, especially their horses, against robbers and thieves and to trace out the perpetrators of thefts and rescue and restore stolen property, and assist in administration of law and justice. Meetings took place on "the Saturday before the full of the moon".
John Forsyth was also outstanding in getting the District Court started again.
THOMAS WAY’S BOUT WITH THE LAW
The man who had helped establish law found himself facing trial. "Uncle Tom", as Thomas Way was called, had a son, Berry, who was a horse thief and desperado. During the election of 1849, Berry Way assaulted Tom Kendrick and nearly killed him. He was arrested and taken before Justice Cox of Marysville, with whom Thomas Way arranged to allow his wayward son to plead guilty and pay a fine of $5.00 and cost. Justice Cox assessed the fine accordingly and accepted in payment County Warrants at their face value, thinking they would readily be received by the commissioner of school fund. (Fines were legally paid to him.) When Justice Cox went to pay Commissioner Keyes, the worthy magistrate was very much disgusted and refused them. He demanded Cox pay gold for the sum of the fine. (The warrants, Keyes knew, would only bring about thirty cents on the dollar). Justice Cox paid the gold but was very irritated because he felt Uncle Tom responsible for his loss. Later he procured the indictment against Thomas Way for selling liquor to the Indians. Now Uncle Tom found himself arrested and faced with selling liquor to the Indians. He was technically guilty, although his custom was to offer his jug or his larder freely to red man or white, minister or horsethief, bond or free. While he lived here his cabin was open to all. His large-hearted sociability threw a suspicion over his character. Mr. Rice, Foreman of the Grand Jury, said of Mr. Way, "He is one of the most charitable, open-hearted, generous men I ever knew". When Uncle Tom was arrested all his neighbors stampeded to pay his bail. Since he had planned to go to California the following year with his family, his friends urged him to leave before the trial. He started, but to the surprise of everyone on trial date, rode up to the courtroom, dismounted from his horse, and entered. He said he couldn’t let his friends be bound for his bail. The witness against him had a complete lapse of memory, and the jury disagreed. J. Harlan, prosecuting attorney, convinced Way would not be convicted, suggested to the court an assessment of cost against Way. Uncle Tom agreed to this, paid around $30.00, mounted his horse, said goodbye to his friends, and left for California never to be seen in Benton County again.
UNCLE TOM’S WAYWARD SON
Berry Way, son of Thomas Way, was a reckless desperado, unlike his father. He used to steal horses from the Indians that camped near his father’s home. He was involved in many incidents of stealing. In 1846 Berry Way and another well-known thief of Benton County made a trip through Blackhawk County. He spent a night in a logging camp and the next day with Big Wave, a Winnebago Chief, at Turkey Foot Fork. Next morning before daylight they stole two valuable horses. Twenty of Big Wave’s band pursued them and found them in Center Point at a singing school. The Indians were going to shoot them, but the settlers convinced them that it was better to let the law handle it. They were taken to jail in Marion and soon after escaped. In May, 1851, another long chase by the law. Berry Way and a friend had stolen a horse in Linn County, then a little later two horses from some peddlers. The peddlers gave chase and shot at them in a wooded area, but Berry somehow managed to escape unharmed. He moved on to Clayton County, stole a span of horses and lit out for Benton County, then to Blackhawk County to Moses Bates’ house. He hid there for several days. The Sheriff of Clayton County, hot on his trail, headed for Benton County and directed his steps to Marysville. He asked questions of people, but it was so common then to have an extra sheriff and posse in town, that he passed through otherwise unnoticed. After scouring the countryside they hound him at his father’s house with one stolen horse. He was arrested and taken to a Justice of the Peace. On the way the sheriff tried to get him to tell what he did with the other horses but to no satisfaction, so they stripped him and tried the virtue of "hickory oil" as an inducer. It was magical and he became a confessor. He said that he left the horses at Moses Bates. When they arrived, Bates denied it, but his wife slipped out and told one of the posse where the horses were. They found them and upon returning to Bates’ home found him gone. The Sheriff and posse waited, and when Bates and his son returned, they had guns. The Sheriff leveled his revolver at them and their courage dropped. The Sherrif demanded return of the stolen saddle. Bates told them a spot, but when it wasn’t there it made the Sheriff angry. He slung a rope around Bates, tied him to a tree, and applied the "old hickory". Bates was black and blue for weeks after. The party then took Way to Elkader where he was convicted and sent to prison for one year. He attempted bribing the keeper but when that failed he became despondent. Finally he managed to break jail. Perry Way was never heard of again.
DASTARDLY OUTRAGE
One of the most dastardly crimes in the history of Iowa, at the period, was committed in Urbana Saturday, November 11, 1899, and resulted in the death of a young well-known citizen, Clarence Burrell, who worked in his father’s store.
At 2:10 a.m., the citizens of Urbana were awakened by a terrific explosion which shook every building and was reportedly heard for miles around. Men, women, and children rushed into the streets to see what had happened. Clarence, son of J. D. Burrell, was among the first to reach the street. He started from the house, (located near by) to see if anything was wrong at the store. His brother, Will, was close behind, and as Clarence reached the front door of the store ,there was a second explosion. The whole front door of the building being blown out and he was instantly killed. His head was nearly blown off and his body thrown across the street. Every bone above his waist was broken and a splinter was driven through his heart. Will was uninjured. After recovering from the shock he carried his brother’s body to their home.
The first explosion was that of the Monitor’s office which was wrecked and destroyed, undoubtedly by dynamite. The second explosion occurred in the hallway of the Burrell building, a two-story structure, which blew out the front of the building. Immediately after, the building was consumed by fire and it was only by the united effort of the townspeople that the adjoining buildings were saved. Scores of men and boys passed water in buckets to save them. The Burrell home was badly scorched and a Moore residence close by got so hot that it nearly burned.
The first floor of the building was filled with a complete stock of general merchandise, the basement with machinery of various kinds, and the second floor housed Masons, Odd Fellows, Woodmen, and GAR Lodges. J. D. Burrell also had a huge safe from which he did some banking business. It was first believed that the motive was robbery but examination showed that the safe had not been tampered. The fire could have been caused by four gasoline lamps, but was thought by more persons, to be drenched with kerosene or gas on the inside.
This was the third time Mr. Burrell had been burned out at the same location. His loss was heavy and he carried only $3,200.00 insurance on the building and stock which he had just renewed a few days before.
But the greatest loss was that of their son, for which they could never be compensated. Mr. Burrell said of this disaster, "I have no idea of the motive which prompted the fiends to destroy my store and kill my son, unless they intended to get revenge for some fancied wrong."
It was difficult for people to believe that anyone did it for revenge as Mr. Burrell, a very successful businessman, never crowded anyone for money and had extended favors to many people and was well liked. But there are ingrates in every community and this may very well have been the case.
The explosion at the Monitor’s office is believed to have been planned to add mystery to the crime. The newspaper office did not burn, but it was completely wrecked. The dynamite charge was a small one, probably a pound, and was slipped under the floor at the rear of the building. Every stick of furniture in the office was blown into kindling wood. A back of a chair was blown up through the ceiling. Slivers from furniture and floor protruded through the shingles in several places. Mr. Fisher telegraphed for new type and put his weekly paper out on time.
Experiments with fuse indicated that two men must have planned the crime and worked together, since one man couldn’t have covered the ground between the two buildings. The Monitor’s office was 200 feet northeast on a side street from Burrell’s.
A number of officers from Benton, Blackhawk, and Buchanan Counties were on the scene by daylight to investigate. No effort was made to cool off the debris since there was a scarcity of water. It remained hot coals for several days. The people of Urbana had subscribed $1485 for a reward to anyone able to apprehend the criminals. They felt they could not possibly escape. Lynching was first in their minds. It was said that two men were seen running from the rear of Burrell’s building at the time of the fire. These men were known and watched. Also, a buggy was heard to drive rapidly across a bridge south of town shortly after the explosions.
Suspicions were headed in certain directions but no one was ever apprehended or punished for this horrible crime. To this day it remains a mystery.
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