Livengood-Telyea Murder Trial, Installment # 2

LIVENGOOD, TELYEA, TELLYEA, RICHMOND

Posted By: Mary Durr (email)
Date: 3/25/2007 at 21:10:51

Decorah REPUBLIC, Thursday, March 21, 1861

THE MURDER CASE AGAIN

Re-arrest of Livengood!

The Arrest of Albert Richmond!

TRIAL OF THE TWO!

Ever since the examination at Burr Oak the people of that township have been more or less engaged in searching for evidence in the case. The chief endeavor has been to obtain a clue to [the] body's whereabouts. Sinkholes have been examined, the river searched, and we don't know what else done. The rumors have been plenty as prairie chickens in the fall and it would take something less than a ream of paper to record all the wonderful stories told by that ubigquitous (sic) undefined character known as "They Say". At one time the clothes are found; or the sled marks traced to the river where a hole was cut in the ice and the dead body placed therein. Again in a marvelous sink hole (where only one man can go and he has to be let down with a rope or chain) the body is reported found. This rumor was received on Friday and was what caused the re-arrest of John Livengood and the arrest of Albert Richmond, a witness at the former examination. L. Bullis, Esq., made the complaint and Livengood, being in town at the time, was arrested here. Deputy Sheriff Bloomfield arrested Richmond at his home in Plymouth Rock, on Saturday.

It was understood that Livengood was here after his wife, who accompanied Mrs. Tellyea to jail last week, and staid (sic) [stayed] with her until that Friday morning. He was seen conversing with Mrs. Tellyea through the grated windows of the jail in the afternoon.

From necessity the examination was postponed to Monday at 1 o'clock P.M. On that morning nearly all of Burr Oak, and a good part of the rest of the northern townships, made their appearance in town. Again the rumors came that so exasperated were those engaged in the search that they had resolved, all but one man, to take Mrs. Tellyea out of jail and make her confess the crime; and the whereabouts of the body. This, like the other reports seemed to have no foundation in fact. The trial commenced at shortly after one o'clock before Justice McKay, in the Court House. The audience present filled all the seats, the Judge's bench, before which the Justice, prisoners, and counsel were, the bar, and many were standing in the aisles. The District Court is seldom so well attended as was this trial. Mr. A. Moore and L. Bullis, Esq., conducted the prosecution, and John T. Clark and M. V. Burdick, Esqrs. the defense.

The defence (sic) agreed that the testimony given at Burr Oak should be read and take as evidence, in the trial; and prosecution proceeded to call its witnesses.

George Culbert, of Burr Oak, sworn. Knows Charles Tellyea, and where he resided; was at his house a week ago last Saturday and saw several boards with blood and hair on them; in the stove they found where some clothes had been burned, which looked like blue denims, also found and picked up three pieces of broken saucer, in one of the pieces was some blood, which at the top looked as though it had been crisped, and in the bottom was soft and would adhere to the finger; the ashes in the stove, underneath, looked as if they had been wet and had a reddish cast. Witness saw Tellyea last on Tuesday before the 22nd of Feb'y he then had on a black hat and blue denim pants. He walked down the road with witness 30 or 40 rods. Tellyea's hair is a dark flax color, as near as it could be described (Witness examined the specimen of hair taken from the cellar.) Should call this Tellyea's hair, or very like it.

D. G. Bolles, of Bluffton, sworn. Stated that he knows Defendants. On the morning of the 22d of February, Livengood came into witness' store, about 7 o'clock and told him (witness) that Tellyea had cleared out; witness asked if he tho't he had gone for good and Livengood thought he had, he then asked Livengood what he had cleared out for, and the answer was he didn't know; witness asked where Tellyea's family were and the Defc. [defendant] said they were at his house. This was on the morning of the 22d of Feb.; knows it because Livengood purchased an article and it was charged to him; is certain it was that day. Richmond came into the store about the same time or shortly after; the main conversation took place before Richmond came into the store. Either at that time, or shortly before, the witness held a conversation with Livengood about the difficulties between Tellyea and his wife. Defc. [defendant] said Tellyea had abused his wife, had struck her on the side with a club; that he had attempted to poison, mentioning several times; one it was supposed by mixing poison with a dish of beans, and at another time by preparing some roots for her when she was sick; she did not take them; they were thrown away, she said. Livengood remained at witness' store about a half an hour; he resides about three quarters of a mile down the river from Bluffton, on Pine Creek bottom; had held frequent conversations with him about Tellyea and his wife; Livengood generally introduced them; sometimes witness introduced them; to the best of witness' recollection these conversations commenced about January last.

Cross Examined -- Mrs. Livengood and Mrs. Tellyea are half-sisters. Witness is not likely to make mistakes in entering charges on his books; if a mistake had been made there would be no means of detecting it 2 or 3 weeks afterwards. Livengood bought a fiddle string that morning. Could not be certain as to the date independent of the date in the book.

Direct Ex. resumed -- Witness had examined his books in connection with the case, and is certain the charge is dated right; certain sales made the day previous were charged on the 21st and recollects distinctly that certain articles were sold to a person in Bluffton on the evening of Thursday, the 21st and the dates correspond correctly.

Cross Examination resumed -- The sales made the day previous were to Mrs. Hartwell, and that was the last charge made that day.

Dr. W. F. Coleman and Dr. John M. Green were sworn together, and Dr. Coleman first examined. He testified that he had microscopically examined a specimen of blood, taken from Tellyea's house, in connection with what was known to be human and animal blood, that the blood from the house was like human and unlike animal blood; that he had come to the conclusion that it is human blood, though he should not wish to swear positively to it; the globules are like the human under the microscope and unlike animal. Dr. Green testified that he had examined two specimens, (one he had taken from the house, and another from a board brought down by Mr. Clark) in connection with human and animal blood, and found quite a similarity in them to the human blood, as well as quite a difference between the specimen and animal blood; that he could not say positively it is human blood; but that is the opinion he had formed. He had examined the matter, and believed that it was either brain matter or spinal marrow; from its softened state it is difficult to determine which it is.

On the cross examination they both testified that the animal blood was from an ox, and that they had not examined any other animal blood.

A. Am Moore sworn. Testified that he lived in Burr Oak and practices law; that he has seen the defendants before and had had conversations with Livengood and Mrs. Tellyea previous to the former examination. He asked Mrs. T. if JJohn Livengood was at her house on the morning of the 22d and she said no, then asked her what man was there and she said John Livengood.

Patrick Brady, of Canoe, sworn. Knows Livengood; saw him on the 22d of Feb. on the road, about 2 and 1/2 miles from Bluffton, and one half or three quarters of a mile from Tellyea's house; this was some time in the forenoon, thinks it was the 22d because there was a ball that night at Bluffton and witness went there, could not tell what time in the forenoon it was, maybe between 9 and 10 o'clock; he had a bag with him containing something; there was nobody with him.

Cross Examined. -- Was chopping wood by the side of the road ___rods from him; couldn't tell how much there was in the bag.

E. Anderson sworn. Resides in Decorah and is Sheriff. Had a conversation with Livengood about 4 weeks ago, while going to Plymouth Rock; it took place about a mile from McIntyre's. After passing the compliments of the day Livengood asked what could be done with a man who abused his wife; he said there was a man who had tried to poison his wife, and beaten her so there were striped on her back; he wanted to know the best step to pursue, and if there was any redress. Witness answered that he supposed there was a remedy, but he had better go to an attorney and take his advice. Livengood said it was a secret and he did not want anything said about it. That the man's name was Tellyea, and was married to his (L's) wife's sister.

D. Kinnison sworn. Knows Livengood; lives about a mile from Tellyea's residence, saw Tellyea last coming out of Burr Oak, with a pair of steers, about a month ago; never heard deft. [defendant] say anything against Tellyea. Saw the brains when they were dug up; they appeared as though they had been covered up; in breaking up the dirt after it was dug, they were found with the hair and blood; they were buried up scant four inches.

Barney Harmon or his son called for. -- No one responded immediately. A little commotion took place in the back part of the room and after a little the Sheriff brought forward an individual whether father or son or some other Barney we don't know and doubt if he could clearly establish his own identity at that moment. Owing to the apparent inebriation of the witness his testimony was dispensed with.

Ira Bloomfield, of Decorah, sworn. Know Livengood, had the custody of Mrs. Tellyea the night after the examination at Burr Oak; during that night she said to Livengood, "Well, John, it won't be long before we must part," to which he answered "yes". She then said, "I have kept my word, haven't I?" to which he again answered, "yes"; then she said, "That's better than all Decorah."

Joseph Malcoms, of Bluffton, sworn. Testified that he knows defendants; knew Charles Tellyea; he resided about a half a mile from witness; saw him last on the 21st of Feb.; he and wife came to witness' house about dusk and left between 10 and 11 o'clock at night, has not seen him since; at that time he had on a black hat, moccasins, blue denim wrapper and pants, had no vest; has seen him about 20 times this winter; and his dress has always been the same; when he left the house he picked up a shawl belonging to his father-in-law's folks that was laying there, and witness told him to take and wear it, because it was cold and sleety weather; he took it saying he would return it in the morning. Witness had been at Tellyea's house 3 or 4 times this winter; Tellyea owned a pair of steers, two cows, two calves, and 2 sheep; saw this property on the Sunday following; witness and another person went there and saw the cattle running around without anything to eat. The shawl was not returned the next morning; it was brought home last Wednesday week. Livengood was frequently at Tellyea's house all along through the winter.

Cross Examined. -- Tellyea burned a coal pit about two weeks before he disappeared and got the dirt to cover it from his cellar.

Direct Examination resumed. -- He sold the coal to Taylor in Burr Oak. (The defence (sic) admitted that Livengood collected the pay for the coal of Taylor in behalf of Mrs. Tellyea, about nine days subsequent to the disappearance.)

Thomas Hendrickson, of Decorah, sworn. -- Testified that he knew Livengood and Tellyea, the former is witness's sister's son; witness was up to Bluffton a few nights before Christmas last, the Tellyeas and Livengoods all met together at a dance at Mr. Richmond's and appeared to enjoy themselves and be first rate friends; Livengood came down to witness' house last Friday night to see his wife; did not attempt to get a buggy to take them home; tried to get one at Mr. Protheroe's to go to a dance, but failed and went afoot.

Major M. Ferguson, of Burr Oak sworn. -- Testified that he knew deft. [defendant] and Tellyea; was at Livengood's house on the Thursday following the 21st of Feb., and saw goods laying in the dooryard; they were bedsteads, chairs and household furniture; saw a sled and Tellyea's oxen hitched to a tree; saw some clothing, bedding, stove, &c. [etc.]; Livengood's wife said they were Mrs. Tellyea's; that she moved down there; saw nothing particular about them; saw marks of blood on the sled; the marks had not been on long, and appeared fresh.

Cross Examination. -- The sled stood in front of the house, where it would be passed in going from the road to the house; the bedstead and chairs were right in front of the door; the blood was on the rave near the hind end of the sled, saw nothing that indicted an attempt to conceal anything.

Examination adjourned until evening.

EVENING SESSION:

Dr. Green recalled. -- Testified he had examined the blood on the boards presented in court, and found it similar in all respect to the blood previously examined; and examined the cape, but could not tell anything about it, as it had to be examined on the cloth, the cape was given to witness by Mr. Howard and Mr. Leach, did not know how it came into their possession. Had examined the matter and found it impossible in its so frened (sic) state to tell what it was.

Dr. Bullis testified. -- That he had examined under a microscope only a small portion of the blood, and that was what Dr. Green said he brought down from Tellyea's house, thinks it is human blood with a doubt.

Cross Examined. -- Determines it is human blood by the shape and number of corpuscles in a given quantity and by the distribution of them; the surface examined was between half and one fourth of an inch; don't know how many corpuscles there were; did not count them, there are from 4000 to 6000 corpuscles in a square inch of animal blood; the corpuscles in all human blood are the same except in color.

Sarah Malcolm, wife of Joseph Malcolm. -- Resides 4 miles south of Burr Oak. (Testified to the same facts that her husband had previously testified to, and identified the shawl then produced in court.) The shawl was returned last Wednesday week by john Livengood, there were spots upon it, such as were not on it when it was borrowed; there were no spots when it was loaned that witness knows; he did not say anything about Tellyea wearing it off; witness received the shawl and a pair of pillow cases and a sheet wrapped up in it.

Cross Examined -- It is an old shawl; never examined the shawl particularly before it was loaned but saw it every day.

Direct. -- Thinks she would have noticed the spots if they had been there before it was lent.

Cross Examined. -- have not counted the spots; do not know how many holes there are in the shawl.

The State called for Mrs. Tellyea as a witness. Defence (sic) objected, and the matter was argued by the counsel. The court decided her testimony inadmissible.

The substance of the testimony taken at Burr Oak was read, and the prosecution rested.

The defence (sic) submitted a motion to discharge the prisoners, and proceeded to argue the point. At a late hour the arguments were ended; and Justice McKay decided the evidence insufficient to hold Richmond, and reserved his decision in Livengood's case until 10 A.M. Tuesday.

On Tuesday the decision was rendered that John Livengood remanded back to jail to await further trial. This ends the matter until the June term of court sits. The fate of the prisoners will depend upon the developments of the ensuing two months.