Livengood-Telyea Murder Trial, Installment # 7

LIVENGOOD, TELYEA, TELLYEA

Posted By: Mary Durr (email)
Date: 3/25/2007 at 21:26:00

The DECORAH REPUBLIC
Decorah, February 13, 1862

THE TRIALS

The trials in the Livengood and Tellyea cases have resulted in the discharge of Mrs. Tellyea, and the conviction of Livengood, of murder in the second degree, and he is sentenced to Penitentiary for life. In the trial of Livengood, a state of facts was developed which makes it probable that Mrs. T. was not present when the murder was committed, but she was accessory to the crime "after the fact". She concealed it after it was done; and may have known that the crime was contemplated. It is supposed the murder was committed early Friday morning between 6 and 7 o'clock. Livengood could not account for his whereabouts at this hour. On the other hand it was proved that Mrs. T. was at a neighbor's at this hour, and borrowed some bed clothing; and when Livengood returned to his house, it is proved that he had the same identical bed clothing with him. This showing that he had been where he had met Mrs. T., and that meeting was probably at the house of Mrs. T., and over her husband's dead body. It is thought, Livengood went to the house of Mrs. Tellyea, and found him alone when an alteration ensued, and the fatal crime was committed. It might have been premeditated murder, but nothing of this was proved, and in the absence of such proof, both the law and humanity require the conclusion that the crime was the result of "momentary passion", and therefore "murder in the second degree". It is supposed the dead body was thrown into the cellar where it remained that day, and the night following it was removed to the place where it was found.

There seems to be a general satisfaction with the results. No doubt the woman has murder resting upon her soul, but then the proof was wanting to convict her. We understand she has gone to some friends in Wisconsin.

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The CLAYTON COUNTY JOURNAL
Thursday, February 13, 1862

A SORT (sic) SENTENCE FOR A LONG TERM.

John Livengood, convicted of the Murder (sic) of Charles Telyea was brought into Court on Monday morning last, when Judge Williams asked the prisoner whether he had any thing to say why sentence should not be pronounced upon him. The prisoner answered in the negative. When the Judge said, "Your (sic) are sentence to State Prison for life." The Judge don't make a circumlocution office of his Court.

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Submitter notes: As it mentions in the book HISTORY OF WINNESHIEK COUNTY on page 214, John Livengood was pardoned out of prison at the end of ten years and went to live somewhere in Northern Wisconsin.