SECTION VIII.
JUDICIAL MATTERS
submitted by Linda Stoddard, February 12, 2011, pages 301-327

To view illustrations in section click here
In the proceedings of the county commissioners several references are made to the securing of a room in the house of Stephen Toney to use for the District Court. This old house stands now on the river bank almost ready to fall in when a flood comes, and there must have been a room as the commissioners requested, since they paid Toney for the use of it. The only authority for the courts when the History of '78 was written is that statement quoted from Judge Tuthill in which he says "that he saw and examined the old book of records of the district court in 1842 and that he made a memorandum of its contents," from which it appears that the first session of the Court was held at Rochester, and we may suppose at the house of the said Toney, on Monday, May 28, 1838. Present, Hon. David Irwin, Judge, Wm. W. Chapman, District Attorney for the United States, and the name of the Marshall was not given, although he was allowed his mileage.

Robert G. Roberts was appointed the clerk of the court and bond was given in the sum of $2,000 for the faithful performance of his duty. His sureties were Martin Baker, James W. Tallman, Richard Knott, Geo. McCoy, also sheriff later, and Stephen Toney, who, Charley Crawford says, was a little man. The old book says I. C. Hastings was appointed district attorney pro tem, but his initials are given in all the records as S. C. Hastings. Tallman was sheriff. The grand jury for the U. S. on that occasion are given among others in the section dealing with the county commissioners in their first session. Some of them came from as far north as Pioneer Grove. Alanson Pope came from there and W. A. Rigby from Red Oak. At this first session of the grand jury they had no business and were at once discharged.

The territorial grand jury had Charles Whittlesey for foreman. This Whittlesey was the first member of the Territorial Council. Three men of this name are found in office in the pioneer days, William, Charles, and John, a Justice of the Peace, whose name is attached to some documents in the files of the first cases. No business came before the grand or petit jury and after ordering the warrants to issue for the day's pay and mileage the court adjourned until the first day of the next term. The pay was probably given in warrants that could be collected when the money came into the treasury to meet the bills. This was a very indefinite date then.

The district court consisted of a single judge who heard both criminal and civil cases in the district over which he presided. The Hon. David Irwin was the presiding judge in the first sessions recorded. His name appears on page one, book one of the courts. The first case recorded according to the history of 1878 is the one on an action of debt brought up on change of venue from Muscatine County, but there is a case on record which says filed May 28, 1838. This is Scott vs. Fought & Hare, for trespass, Woods and Starr for the plaintiff. The case referred to above by the editor of the old book chronicles the fact of Book A, or one, as it is now labeled, was missing and the first case that was to be found came up in July, 1840. But it happens that this old book was found by Mr. Van Ness when clerk of the district court and the time of his service was from 1873 to 1876, according to the official record, his term expiring two years before the old book was published, hence this record must have been in the county clerk's office at that time.

The time of holding the court, as given by Judge Tuthill, is as the book gives it and the names of the bondsmen of Robert G. Roberts are found on the first page of the record as rebound since it was found. David Irwin, the presiding judge, signed the proceedings on page five. 225  

The next session of the court was held at Rochester on the first day of October, 1838. The presiding judge not appearing the court was adjourned by Harvey B. Burnap, the coroner, the very first coroner of the county and perhaps his first official act. The grand and petit jurors appeared and claimed their attendance and the record says "their travel" (mileage). The Judge did not appear the next morning and the coroner adjourned again. Only part of the grand jury appeared and not a full attendance of the trial jury.

The coroner returned the venire facias ishued (issued) by the clerk of the county commissioners for a grand jury and a petit jury, endorsed, served as commanded, and for serving ten dollars each. This writing is evidently in the hand of Robert G. Roberts, the clerk of the court. It does not quite come up to the standard set by Wm. K. Whittlesey. The court kept adjourning until Friday of the week in which they began on Monday, when court was adjourned until the next regular term. The judge did not appear. The clerk's fees for the month of May amounted to $19.75.

The official oath of Elisha E. Edwards as sheriff of the county appears on page 13, dated the first day of October, 1838. His commission is copied on the opposite page as issued by Gov. Lucas. A note at the bottom of the page says that "the public seal is not yet forwarded."

The bond of the sheriff is signed by Elisha Edwards, Richard Knott, and Geo. McCoy. The commission of Henry Hardman as Justice of the Peace, issued by Gov. Dodge, is recorded on page seventeen. This must have been delayed in the matter of recording, for it appears after the commission of Edwards issued by Gov. Lucas. It is dated the 26th of June, 1838, before Iowa was independent of Wisconsin territory. The same commission in character is issued to Geo. McCoy the same date and recorded on page 19.

The session of the court commencing in May, 1839, was presided over by Judge Joseph Williams. T. S. Parvin was appointed District Attorney for the Territory. The record says: "A disturbance having occurred by noise and profanity in the immediate vicinity of the court and to the disturbance of the same, His Honor, the Judge, ordered the sheriff to bring the offender into court, who thereupon reappeared, having in custody John S. Miller. Ordered that John S. Miller be fined three dollars and remain in custody until the same be paid with costs."

The oath of allegiance of Charles Dallas appears at the session of May 21, 1839, page 29. It was on account of a request for this particular record that the book from which this record is taken was found by the clerk at that time.

The grand jury returned one indictment at this session of the court against three persons for gaming, Wm. and James Stockton and Philip Wilkinson. This is the first indictment recorded. The first case to come up for trial was that of Allen Scott vs. Jacob Fought and Daniel Hare. The case was continued. Thomas Lingle sued Clemon Squires for slander and this was also continued. The latter character will be heard from under another title.

The gaming case came up for trial on the 22nd and the parties were allowed to go "without day" after the counsel had been heard.

The last case in this May term was an amicable suit between O. Bowling and Moses B. Church. The court took the case under advisement and it was continued. Court then adjourned to the September term, 1839.

At the session in September Francis Springer was appointed as attorney for the territory. The amicable suit was settled in favor of the defendant and that the said defendant recover his cost, $2.31¼.

This man Squires begins to feel the arm of the law at this time and the grand jury indicted him for selling liquor contrary to law. They also at this time brought the indictment against H. E. Switzer for assault upon an officer. He was tried and acquitted. Henry Nicholson was indicted for betting on a horse race. On page 54 of this first book of court records appears the long lost report of the locating commissioners of the county seat. Since it could not be found for so long it is placed in the proper connection in the chapter on county organization and government. 226  

The history of '78 quotes Judge Tuthill as saying that in the court of Judge Williams there were as high as twelve cases of contempt. It is not stated what session, but presumably the September term, 1839. However, the number is wrong for there are fifteen cases by actual count.

Beginning on page fifty-two of this first book (1) the remainder, with the exception of four pages for marriage licenses, is given to the recording of commissions issued to the county officers by the governor of the territory. Wm. K. Whittlesey was appointed clerk of the courts pro tem since the permanent appointment could not be made until the next session of the legislature. This is dated Nov. 24, 1838. He must have succeeded Robert G. Roberts contrary to the statement made by the compiler in the auditor's office who made up the list of the clerks of the court.

Twenty commissions issued by Robert Lucas are copied here verbatim. For Cedar County the commissions were issued to John Whittlesey, E. E. Edwards, William Green, Washington Rigby, David Burns, Henry Hardman, Jehu Kenworthy, William Mason, Joseph Crane, as Justices of the Peace for Cedar County. Israel Mitchell was appointed Probate Judge for the county of Lynn (Linn), James Tallman Probate Judge for the county of Cedar, George McCoy, Sheriff of Cedar County; William Abbe, John McAfferty, Justices of the Peace for the county of Lynn (Linn); Calvin C. Read, John G. Josslin, Moses Garrison, Orvil Cronkhite, Justice of the Peace for the county of Jones also Thomas S. Denson for the same office in Jones county. The last one on the list after all these are searched through is the appointment of Hugh Bowan as Sheriff of Jones County.

On January 5, 1839, a marriage license was issued to Charles M. Swetland and Eliza Morgan, daughter of Jonathan Morgan, returned by the Rev. Martin Baker. Jonathan Morgan was married himself the eighth of the same month. Feb. 23 a marriage license was issued to William Walton and Thyrza Davis, returned by John Whittlesey, Justice of the Peace. May 4, 1839, Allison I. Willets was an applicant for a permit to marry Miss Lucy Abbe. This took place in Lynn County before John McAfferty, J. P. Here is the date of the issue of the license to Samuel Gilliland and Martha Comstock, July 13, 1839, returned by William Mason. Martin Baker and Isaac Gray filed copies of certificates that they were ministers of the Gospel in January, 1841.

There were only three judicial districts in Iowa when it first became a territory, and Judge Williams was appointed to this district the second. He will be mentioned in the discussion of the legal profession in the proper place.

He heard all the early cases in this county up to the time of his appointment to a higher position. The temptation is very great to enlarge here upon his characteristics. In a single case three men who afterwards became prominent in the territory and state were concerned. These were the Judge, and S. C. Hastings for the defendant and Francis Springer for the plaintiff. The case that of Scott vs. Fought and Hare. It involved $150 dollars on a section of land, and the claim was contested on the point of the land being of insufficient value and want of consideration. This was the section where the town of Centreville was afterwards located.

The territorial laws were evidently enforced in the case of prairies set on fire without authority. Harvey G. Whitlock was indicted for this as well as that good man, Moses B. Church.

Selling liquor to the Indians was a cause of indictment in several instances. In the case of U. S. vs. Howard for larceny he got one year in the penitentiary. That is the first criminal sentence recorded, in which the penalty was imprisonment.

In the matter of recording instruments Stephen Toney had the honor to give the first mortgage on record. It was for $262 and given to Capt. Higginson. Toney got two hundred dollars in cash for the consideration, and the time was twelve months only. It is signed by S. Toney and Evelina Toney. It was satisfied on page 155, book O, of mortgage record. The description is S. E. one-fourth, section seven and it is in township seventy-nine, range two, hence in Rochester Township. Several people own fractions of that quarter now.

In the administrator's report concerning the estate of Robert G. Roberts, the items amount to $13.79, Wm. Hoch, Administrator.

The county judge administered affairs under the law of the state in place of the commissioners from the latter part of 1851 until 1861. The first of these in the report was S. A. Bissell, 1851-55; Wells Spicer followed him for a little more than one year, and then Geo. S. Smith served for the same time, W. P. Cowan closing the "period of the judges" in 1861.

In book B of the court records of the county an illustration of the method of "binding out" is of interest, since the present has no custom that will exactly compare with it. The language explains the purpose of the indenture and it is only one of many found in running over these books.

"And now on the seventh day of August in vacation comes Isaac Stonebrunner, a minor over the age of twelve years and having no father or mother or legal guardian, makes application to be bound by letters of apprenticeship to Thos. Dawson, which, being considered, it is ordered to be done."


Articles of indenture follow: This indenture made this seventh day of August, A. D. 1856, between the said Isaac Stonebrunner, a minor, of the county of Cedar, State of Iowa, son of Isaac Stonebrunner, deceased, late of Muscatine County, said minor having no father nor mother or legal guardian, does of his own free will and with the consent of Wells Spicer, judge of Cedar County, signifies by his signature and seal who does place and bind him, the said Isaac Stonebrunner, as a servant or apprentice to the said Thomas Dawson from date hereof until said minor shall have attained the age of twenty-one years, which will be on the fifteenth day of May, in the year 1863, during all of which time the said Isaac Stonebrunner will well and truly serve and obey the said Thos. Dawson as a good and faithful servant in all such lawful business as the said Isaac shall be put to concerning and pertaining to the art of farming and the other matters concerning said Dawson and honestly and decently behave himself towards the same Dawson and toward the remainder of the family.


The said Dawson agrees on his part to furnish meat, drink, washing, lodging, and apparel for summer and winter and to instruct in reading, writing, arithmetic or accounts and in morality, and in all respects treat the said minor the same as his own children. At the expiration of said time the said Dawson is to give the minor a suit of clothes, one hundred dollars in money or enter eighty acres of land for him, as he chooses." The agreement is signed by the parties and approved by the judge.


His mark
Isaac X Stonebrunner
Thos. Dawson. 19-B

The region that includes Cedar County was not exempt from those experiences of outlawry due to a new and in some respects "lawless" country. Lawless in the sense of not yet being provided with police protection sufficiently strong to make thievery dangerous enough to deter the unprincipled from committing crimes against the law abiding. To find cases of marked character in the earliest days of settlement it is necessary to draw largely from a few sources. Details are wanting in the very early times but some things illustrating the period are used to begin this chapter.

The history of the "regulators" and their doings of fifty or more years ago are fairly set forth in the papers of the time—much more fully there than in any other place—and this source has been freely drawn upon. Not in remote, but in recent times, the unprincipled man has always found his way into the first settlements of a productive country. He is forced to go on from his old haunts when he becomes known and when "law" is able to enforce its penalties. The pioneer of honest purpose had more to contend with than the elements and his want of food and shelter for thieves of various kinds and of apparent honest countenance, besides defrauders met him frequently where he might expect fair treatment.

It is not fair treatment for the lone settlers to be held in contempt by the desperado who can for the time muster more weapons or allies of his kind than the honest man he opposes. It is farther than this, as one sees it at this distant day, a most discouraging thing to be in possession of what one calls money, only to find at last that it is the counterfeit article—a common occurrence for twenty years of the early history of this county and its neighboring territory.

It was about 1837, or a year after the settlement of the county, that counterfeit money became so frequent that it is said to have been as common or more common than the genuine article. To find the source of such manufacture became well nigh impossible, since settlers were far apart and government officers not numerous. It may have been sent into the county from some distance and the ones who furnished the distributing point were but agents working on commission. A few men were powerless to trace the matter to a conclusion. It was fortunate that the people of that time had little use for money or it would have been worse for the trader than in later days when he must carry a book to learn his discounts on the wildcat bank currency.

Certain signs and carriage of person often indicated to the skillful observer the occupation, or lack of occupation, of the professional thief or counterfeiter. If he showed plenty of cash in a country usually a little short or if his apparel indicated prosperity it was well to be suspicious or at least careful in all business transactions. A common method of dealing in an apparently honest way was to buy a horse and pay some cash, probably in good money, but getting possession to ride the animal away to some safe place of concealment or some market, never to return with the remainder of the purchase money.

It was not always easy to tell who might be the confederates or who might harbor the real thief after his booty was secured. Some settler, from outward appearances, strictly up to standard of honesty, frequently was found as black as any known outlaw, and worse from a social point of view, since he did his deeds under the garb of respectability. To illustrate this point it is only necessary to study the cases of robbery referred to in 1856 to '60.

"One-thumbed Thompson" was an individual that was well known to the early settlers of Jackson, Jones, Linn and Cedar Counties. He was a man about twenty-eight years of age, rather above medium size, well formed, good looking, and of pleasing address. So different in appearance and manner from those of his associates was he that one could hardly believe that he was one of the leaders of the banditti that infected these counties.

His first appearance in Bellevue was in the spring of 1837 under the assumed name Burton. I (Capt. Warren) was introduced to him by Lyman Wells, a man of suspicious character and who in fact was known as "one of the gang." Burton left for the West after some days, leaving his wife at the house of Wells.

Some two weeks later I received a letter from Linn County signed by Israel Mitchell, Mr. Scott and others, requesting me to come and to bring some of the citizens with me and to meet at Mitchell's, who lived on the Cedar some distance below where Cedar Rapids is now located. They said that the country was infested by a band of outlaws and that their depredations had become so frequent and of so serious a nature that something must be done at once. I was then sheriff of the three counties.

Accompanied by three other citizens I set out in January for the appointed place of meeting. A winter's day or more brought us to the Wapsie river, and after a night spent here we proceeded to the end of our journey. The delegates from Cedar County were Messrs. Whittlesey, Culbertson, Roberts and others. Mr. Roberts will be remembered as our member of the territorial legislature, who is always recalled by the expression, "Is Cedar in that ar bill?" But he was true to his constituents. The object for which we met was to devise ways and means for concerted action against the thieves and desperadoes that were preying upon honest settlers. As one said, "You cannot reach them with the law, for when one of the band is arrested there is always one of their number ready to prove an alibi for him." 227  

These few lines in the beginning indicated the first steps taken to control the lawless element and also the territory included in the organization. No one county as now understood by county lines was able to make any progress in the matter of matching the cunning of the thief or worse than thief.

Severe measures were applied by the outraged settlers when a man was caught in the game of robbery. Mercy was not common, judging from what can be learned, because the time for mercy had passed. It is related that about 1839 the citizens first organized for protection and forced the crowd known as the "Brodie brood" to leave the county. This family, consisting of father and four sons, came to Linn County from Illinois, and their career is traced as far as Ohio, always of the same nature. This family and their associates are connected with the story of outlawry in this entire region. Their record is in Linn County, but from this side of the line they drew some of their associates. Horse stealing was their favorite form of obtaining property unlawfully.

Among the early settlers at Gower's Ferry, at one time called Washington's Ferry, now Cedar Bluffs, there were several who proved themselves renegades of the baser type. There were Squires and Gove, Conlogue and Stoutenburg, who lived either in this county or near its borders operating in several directions either as counterfeiters or burglars. Under the strain of so many outrages the people became insecure, feeling perhaps an unnecessary uneasiness because of these, and one must be charitable in judging if they seemed cruel in administering punishment when opportunity offered.

During the time of the county seat contest and for some time, when caucuses or conventions were called for political or other purposes, they met at some settler's home, presumably for want of any public place. We read of these meetings being held at Goudy's or Gilbert's in Linn County because that county was in a district which included Cedar.

This man Goudy was reported to have some means and, as was customary in those days of no banks, the only place for money or securities was in some concealment about the premises of the owner. While this was unsafe so far as the property was concerned, it was still more unsafe for the possessor if any would-be thief found it out, since in emergencies such a character does not hesitate to shoot.

There is a character in Cedar County history whose name appears among the first on record in the office of the county clerk of the courts. His name is Switzer and his case as recorded refers to an assault upon an officer of the law. This was in territorial days and the United States was the prosecutor in those days. But this man was not silenced then, for his name became a synonym for boldness in thievery. He was concerned in the attempt to steal nine thousand dollars which the elder Goudy possessed or at least was supposed to possess. This was a deal of money in those days and one doubts the possibility of any man tempting the loose citizenship by such a quantity of wealth.

At any rate Switzer, whose place of residence was in the opposite direction from the present county seat, made an excuse of a loan to find out the truth concerning the Goudy money. It is inferred from this that loans were made under somewhat free conditions and, if we may judge by the later habits of men who did business under the name of banks, more depended upon the man personally than upon any security he might furnish.

Switzer's loan being refused he failed to find out the true situation, but the gang did not hesitate, and on the chosen night after all had become quiet the raid was made upon the household. The demand for the money being made all the money was turned over that was likely to be discovered. No nine thousand dollars could be found and some was overlooked that even passed through the hands of the searchers.

A daughter of Mr. Goudy, Mrs. Shane, wife of Judge Shane, has related the events as they occurred and states that strict search was made for the large amount, during which search some hundred twenty dollars was found, besides the small amount surrendered by Mr. Goudy. While searching the premises one member of the family recognized Switzer as the one who had been there to borrow the money before.

From this attempt they left for the house of William Gilbert, referred, to as the popular place on the border of the two counties, and made a second attempt at robbery in the same night. Disguised, as they were, recognition was not supposed to be possible, but here an incident occurred that revealed the character of one neighbor of the Gilberts. The drawer of a secretary was opened by a secret spring and was supposed to be known only to members of the family, but a member of the gang of three concerned in this attack seemed familiar with the surroundings and was able to find the supposed secret opening. He was afterwards found to be a neighbor who heretofore had not been suspected. Sheep's clothing had up to this time concealed the wolf, who only waited an opportunity to reveal himself. This suggests the statement made in the beginning that apparently faultless people were often the most untrustworthy and it was not easy to select one's confidential friends.

When news of these events became known the county at once became alarmed for the future and took steps to find the guilty ones.

Capt. Thomas Goudy, who lived near his father, and had some experience in military affairs headed a group who endeavored to apprehend a man by the name of Wallace, one of the suspected parties. Col. Prior Scott, of Pioneer Grove, who came to that place in 1837, as related by his daughter, Mrs. Albaugh, now of Mechanicsville, was asked for his counsel in this case, as was Mr. J. W. Tallman, of Antwerp, a town then an aspirant for the county seat but no longer on the map. Col. Scott went about organizing a protection association, and this, so far as records go, is the first mention of any organized movement for mutual assistance against repeated outrages.

The man Wallace was finally captured over in Illinois, above Muscatine. One is reminded here of the freedom of arrest in any place outside the county or state or this territory without any preliminary arrangements or formality. Perhaps the pursuers felt that the pursued were very informal in their thieving and they had some right to be informal in the pursuit and even arrest if nothing further was anticipated.

Switzer was arrested and after preliminary examination both were held under bonds to the district court to be held in Tipton in October, 1841. Some apprehensions were felt by the authorities in the attempt to arrest Switzer and James Tallman, mentioned before, and secured assistance in making this capture as the suspected party was known as a desperate and powerful man. During the night the house of Switzer was surrounded and a demand made for his surrender, when, as expected, it was refused. The posse waited until morning, when he gave up in spite of the fact that he was prepared to resist if the inside of his cabin indicated the true state of affairs.

Many suspicious circumstances surround the cases of summary arrest and floggings mentioned by those who have now passed from the scenes of these occurrences. It is probably impossible to establish the facts in such cases, and while they may not be of any value as facts, in a narrative they serve only to show the tendency of the times to come to some law-abiding standard that should be lived up to by all persons no matter what their former training or experience.

The Conlogue and Stoutenburg mentioned in the beginning were punished severely and made to confess their accomplices and then to leave the country. The particulars are not entertaining if true and it only serves to illustrate the earnestness or determination of the prosecutors or persecutors to say they were flogged almost to death if not quite.

Other characters, including the Goodrich, who was among the robbers at Gilberts, were driven from the country and Conlogue is said to have served his time in the penitentiary from Johnson County. As to the facts in the case we are unable to say for the county clerk of Johnson County says—"The court index says the case was docketed here but we are unable to find the record. Therefore we cannot give you any further information." So far as the Brodies in Linn County were concerned the same thing is true. The county clerk reports no record that he can find. If statements that they were in Linn County courts "almost every session" is true, some record should show it.

In the case under discussion, the United States vs. H. E. Switzer, charged with burglary, it is quite remarkable, when one considers the nature of a jury, that one of this jury lives now (July, 1910) and tells of the incidents, as he says, "as though they happened yesterday." To a man ninety-seven years of age events of that time may still be recalled. Mr. Samuel Gilliland served on the Switzer jury along with eleven other men, all of whom are gone from their former scenes, and he states the facts of the trial substantially as they have been published but gives the evidence on which the jury divided at first.

At the preliminary trial before the justice, Mrs. McElheny, who was in the house the night of the Goudy robbery, recognized Switzer and identified him as the man before the justice. Before the case came to trial this witness died and the justice gave her evidence. The trial judge, Joseph Williams, in his charge to the jury gave instructions to accept the evidence of the justice as it had been given by Mrs. McElheny. This was misunderstood by the jury—or by at least three of them—and on the first ballot it stood nine to three for conviction. Afterward the judge and an attorney for each side appeared before the jury and repeated this part of the instructions. On this two members—Lewis and Bolton— voted with the nine.

The jury had gone out Thursday noon, been partly fed on Friday and were not discharged until Saturday noon. Cline held out against the eleven, and it is said this was due to Switzer's intimidation. He came to a window within sound of the jury and said with an oath: "Cline, hang till you die," meaning, of course, never to agree to a verdict. Mr. Gilliland knew Switzer in the State of Indiana before he came to the territory of Iowa at all.

The jury sat at this time in the office of John P. Cook for the forty-eight hours and had no regular meals during the time. Wm. Knott was the bailiff and had known Switzer, having been his friend to such an extent that the prisoner asked him for special consideration in case the jury agreed, that he might know by a given signal the truth, supposed to be desired that he might escape through the assistance of Burns, a bully imported for this purpose. During all the time of the trial a horse was kept in readiness by friends of Switzer, which he finally rode away under the impression that the jury had found him guilty. Many things must be supposed in cases so far in the past, but the facts of the trial are well established. 228  

Switzer was never rearrested although warrant was issued, and his last record was left in California, where men who knew him learned from his own account that he was still lawless even in his days of prosperity.

Mr. Gilliland remembers very well the ruffian Burns who was on hand to assist Switzer in case of need. One man from Missouri, Ridgway, said to Burns —"If you do that way in Missouri they will kill you," and sure enough that was what happened, since he got his deserts in that state a short time after these events.

It may have been fortunate for all concerned that matters ended as they did, as more blood would have been spilled in case any attempt had been made to interfere with the court. Committees for mutual protection were in existence as early as 1837 and outlaws knew well enough of these organizations. Switzer seemed to have some dreadful effect upon those who undertook to arrest him and the county records prove it.

A part of the court record that should accompany the noted Switzer case gives a suggestion of the large territory covered by the officers of the judiciary in endeavoring to arrive at a just conclusion in reference to him. It would appear from the papers that this man Switzer had plenty of friends to care for his interests. It is certain that the counties concerned were put to much trouble and expense in endeavoring to convict him. In the quotations given an attempt has been made to show with what and in what way the neighboring counties of Cedar were concerned in this case.

To begin with the first appearance was in Linn County or before a justice of the peace in that jurisdiction which led to the appearance of the justice later in the trial to furnish the evidence of one of the witnesses who died before the case came to the final settlement. The original indictment is now on file in the office of the clerk of the courts in Cedar County, number eighty-seven of the files. It contains some interesting details and is drawn and signed by the prosecuting attorney, R. P. Lowe, the governor of Iowa from 1858 to 1860. It reads in substance as follows:

Territory of Iowa.
District Court for said Counties.
Johnson and Linn Counties.
May Term, A. D. 1840.


The grand jurors for the body of Johnson and Linn Counties which has been by an act of the legislature of said territory attached to Johnson County for judicial purposes, duly elected, empaneled, and sworn, upon their oaths present that Henry Switzer and Lester Wallace, late of the county of Linn, and William Long, late of the county of Cedar, and one other wicked and evil-disposed person as yet to the grand jurors unknown, on or about the fourteenth day of April in the year of our Lord one thousand eight hundred forty, about the hour of eleven on the night of the same day with force and arms, in the county of Linn aforesaid, the dwelling house of one John Goudy there situated, wilfully, forcibly and burglariously, did break open and enter with intent, the goods and chattels of the said John Goudy, and one Thomas McElheny and E. Homan being then and there in said dwelling house, then and there to wilfully, forcibly and burglarIously to steal, take and carry away from the said dwelling house forty dollars in bank papers upon the state bank of Indiana of the value of forty dollars, one hundred twenty dollars in silver coin, of the value of one hundred twenty dollars, seven pounds of sugar of the value of eighty-seven and a half cents, the money and property of the said John Goudy, one silk handkerchief of the value of one dollar, the property of said Homan, one silver watch of the value of fifteen dollars, one bag of the value of fifty cents, and two handkerchiefs of the value of two dollars, the goods and chattels of the said Thomas McIlheny in the said dwelling house being then and there found, then and there wilfully, forcibly and burglariously, did steal, take, and carry away against the peace and dignity of the government of the United States and the statute in such cases provided.


And the grand jurors empaneled and sworn as aforesaid upon their oaths aforesaid further present that Henry Switzer and Lester Wallace of Linn County and William Long of Cedar County and one other wicked person to the grand jurors unknown, on or about the fourteenth day of April in the year aforesaid, about the hour aforesaid, with force and arms in the county of Linn, enter with intent the goods and chattels of said John Goudy to steal and carry away, and did threaten with dangerous weapons and committed personal abuse upon the said Goudy, against the peace and dignity of the United States and the statute in such cases made and provided.


Signed, R. P. LOWE,
Prosecuting Attorney.


This day Henry Switzer being arraigned and hearing the indictment read plead not guilty and puts himself upon the county and the district attorney did the like.

On this same sheet of foolscap paper at the bottom of the last page, as it is a half sheet written on both sides, appears the affidavit of the county clerk of Washington County which explains itself. Territory of Iowa, Washington County.

I, Thomas Baker, clerk of the district court in and for the said county, do certify the foregoing to be the original indictments as they came to my hands, and afterwards ordered by the courts to be sent back to Johns(t)on County. In testimony whereof I have hereunto set my hand and affixed the temporary seal of said court.


At Washington, Iowa, this 22d day of October, A. D. 1840.
Seal Attached. THOMAS BAKER.

On a folder enclosing the formal indictment and probably at the time a part of the same sheet, the following statement is written:

Now to wit, May 14, 1840,
This case came on for trial whereupon the defendant in this case, Lester Wallace, being arraigned and hearing the indictment read plead not guilty to the several counts in said indictment and puts himself upon the county for trial and the district attorney did the like and the issue was joined."

Another affidavit appears here from the county of Johnson:

"Territory of Iowa,
Johnson County, ss.
I, Stephen B. Gardner, Clerk of the District Court in and for said county, do hereby certify the annexed to be the true and original indictment against the parties therein named as originally filed in my office. In testimony whereof I have caused hereunto to be set my hand and affixed the seal of said court at Iowa City, this the 14th day of November, 1840."

Signed, STEPHEN B. GARDNER,
Clerk District Court, Johnson County.
Seal attached.

This seal is a piece of paper cut in the form of a diamond and attached by the impression of some plain instrument upon the sealing wax.

The name of the foreman of the grand jury that made this indictment is found under the item on the folded sheet and signed, "Jesse B. McGrew, Foreman." The names of three of the witnesses in the case are on the same part of the sheet, John Goudy, Thomas Goudy and Mrs. Mcllheny. It was presented and filed in open court on the 13th day of May, 1840, which is certified to by Luke Douglass, Clerk of the Courts then for Johnson County. It was filed in Washington County June 15, 1840, and in Linn County October 20, 1840. Returned as stated to Johnson County in November of the same year.

Here is the warrant for the arrest of the three men indicted:

Territory of Iowa,
County of Johnson, ss.
May Term, District Court, 1840


To the Sheriff of Johnson County, greeting:
You are hereby commanded to take the bodies of Lester Wallace, Henry Sweitzer and William Long, and keep them safely so that you have them forthwith before the district court now in session at Iowa City in and for Johnson County aforesaid to answer to the United States of America in an indictment for burglary, whereof fail not under the penalty of the law and have you then and there this writ with your doings herein.


Witness the Hon. Joseph Williams, Judge of the second judicial district and presiding judge of this court, with the seal hereunto affixed, this the 13th day of May, 1840.

It is evident that the paper was not served, as there is no return upon it, and the next record is that of the justice of the peace, John G. Cole, before whom Switzer appeared with his bondsman, James Leverich, and gave bonds for his appearance in the district court in Linn County and to keep the peace toward John Goudy in the meantime. The court in Marion met in May, 1841, when the attorneys for the defendant made a motion for his discharge, these attorneys being Hastings and Richman. Judge Williams overruled the motion. On being arraigned a plea was made for a change of venue to Cedar County.

The reasons given in the plea are as recorded in the papers accompanying the transcript of the proceedings of the court in Linn County. Defendant plead that great feeling and excitement in relation to the matters named in the indictment in the county of Linn, and that prejudice against him made the securing of justice impossible asking for the change as mentioned. The plea was sworn to before the clerk of the courts in Marion, S. H. Tryon, on the 25th day of May, 1841.

To this trial in Marion witnesses were summoned from Linn, Cedar, Muscatine Counties, who will probably appear at the trial in Cedar. John Huber was the assistant prosecuting attorney in this trial.

In October, 1841, the court assembled in Cedar County when the attorney for the defendant, Stephen Whicher, moved to discharge the prisoner because he had not been duly tried at the term of court next succeeding his arrest, and because the certificate of Johnson County regarding the indictment was not such as the law required and because the clerk of the courts of Linn County had not made out the record according to the order of the court and affixed his hand and seal. The result is given elsewhere at the end of the trial in the court of Cedar County and a warrant is on file for the arrest of Sweitzer dated October 25, 1841, which states that he could not be found. This must have been after he left the court so suddenly on the swift horse placed at his disposal after the jury had disagreed. In the matter of final settlement there is some interesting history. The United States of America to the clerk of the district court in the county of Cedar:

Whereas the Supreme Court of the Territory of Iowa being lately notified of the record of the proceedings in a certain cause which was in the district court for the county of Cedar and Territory aforesaid, wherein the United States was plaintiff and H. E. Sweitzer defendant; in which cause judgment was rendered against Linn County for costs, from which judgment the said Linn County sued out a writ of error from the said Supreme Court and the said court having examined the record and proceedings aforesaid in the premises at Iowa City on the 6th day of January, 1844, did affirm the judgment aforesaid as tendered in the court below.


Wherefore, you are commanded that, with that speed which of right and according to law you may, you proceed in the same manner as if no writ of error had been sued out and presented in this court; anything in the record and proceedings of the aforesaid, heretofore certified, to the contrary notwithstanding.


Witness, the Hon. Charles Mason, Chief Justice of the Supreme Court, with the seal of the said court hereunto affixed at Iowa City this 2d day of February, 1844.


Signed, GEO. S. HAMPTON,
Clerk of the Supreme Court, Territory of Iowa.

The last record of the matter was the presentation of a long itemized bill of expenses to Linn County for the trial of the case in Cedar. It runs officially as follows as between the two counties:

Territory of Iowa,
Cedar County, ss.


The United States of America, to the Sheriff of Linn County, Greeting:
You are hereby commanded that of the goods and chattels, lands and tenements of Linn County you cause to be made the sum of Two Hundred Ninety-six dollars and thirty-seven and a half cents costs which was adjudged at the May term of court, A. D. 1842, for Cedar County, against the said Linn County in a certain cause wherein the United States was plaintiff and Henry E. Sweitzer was the defendant, together with all legal costs that may accrue by virtue of this execution and that you make due return of the same of the above mentioned sum within seventy days from the date hereof and have you then and there this writ.


Witness, the Hon. Joseph Williams, Judge of the second judicial district within and for said territory and the seal of said court hereunto affixed at Tipton, this 13th day of February, 1844.


Signed, PATTERSON FLEMING,
Clerk District Court, Cedar County.

This is returned with the following indorsement:

I return this writ not served by direction of the clerk who issued the same. March 20, 1844.
Signed, H. W. GRAY, Sheriff. 229  

June, 1857, the county became aroused over the tendency of the people to take the law into their own hands so far as certain groups of men were concerned. This perhaps not without reason. The constant attempts of organized gangs to possess the property of honest citizens made patience no longer a virtue and "mob law" seemed the only remedy. According to the story of the time this movement was initiated from Jackson County. As the account of that day puts it this infected region of outlaws lay in the northeastern part of the county and near to the east line, although thieving was common in all parts this was a centre.

One Alonzo Page lived in Springfield Township near Yankee Run. For a number of years his house had been the headquarters of horsethieves, burglars, counterfeiters and perhaps worse characters who did not hesitate to kill. This is said to have been an admirable place to secrete horses and other stolen property. The neighborhood had known for some time that this was a den of villains, that for a long time stolen horses were tracked directly to this place. Sometime during the year of 1856 counterfeit money came from this quarter on which occasion a body of neighbors sought the vendors only to find that they had fled on the approach of the mob. On this occasion Page was notified to leave the country or to cease his harboring of the gang. He paid no attention to this warning and the place became more and more dangerous for law-abiding citizens. The people were threatened in case they attempted to interfere with the proceedings of the gang.

After nearly a year of endurance until the time mentioned, June, 1857, the people, meaning by the people the able-bodied and suffering also, for the imposition had been on all alike, lost patience and forming a mob made a raid on Page and his followers. He was at home and on the approach fired several shots from his window. This did not stop the mob but rushing on when Page attempted to escape he was shot and wounded before he could reach the timber.

On the following night the horsethieves made another expedition into the vicinity taking a span of horses from Mr. Chase, but the community being aroused they were pursued and compelled to abandon their booty. An attempt was made by a mob of one hundred fifty men to find these thieves but no one was captured.

The opinion was then current that a "vigilance committee" was a beneficial organization when it could clear the county of desperadoes that courts had failed to convict. When this was the only remedy it must be used, but it was liable to great abuse.

One of the Page gang mentioned above later passed west on his way going through Tipton and escaped the penalty that afterwards befell his companions. It appears that the mob which assembled at Page's had warrants legally issued for Wm. T. Denney, who had gone west, before further action, for Page, Gleason, Conkiin, Sergeant, Clute, Johnson and Baird. Later in June of 1857, a large number of men assembled at the home of a Mr. Hoyte. The warrants were placed in the hands of Mr. Wm. H. Hammond as deputy-sheriff. The number assembled here was two hundred fifty-eight but as many as five hundred it is estimated would have been present had the night not been dark and rainy. This body proceeded once more to the home of Page but found no one but his family.

On their departure from this point they arrested a young man on suspicion who protested his innocence since he had been in the state but a short time. He, however, gave the names of the gang of counterfeiters saying he had been offered a commission on all the money of that kind he could pass, and he had also been invited to engage in the business of horse stealing. The young man was "advised" and set free.

They went next to the home of the widow Denson's who afterwards was known as Mrs. Warn. Mr. Warn it appears was present and being quite independent in his attitude was handled somewhat roughly, after which he became quite peaceable. Mrs. Denson was notified to leave in ninety days which she promised to do. She and her children had a fine farm. C. W. Clute one of the gang was her son-in-law. An indictment was found against him for horse stealing before these events.

The mob now dispersed agreeing to meet the same week on Friday night at the courthouse to form what was called a "protection society." 230   Reports are made to the effect that in the attempt to capture Page two old citizens, Reason and Harvey Parr were seriously injured. The posse sent to capture these men was not composed of the rough and lawless element, but of the most respected and oldest citizens of the time. They had borne the outrages too long to be blamed for taking summary action in extreme necessity.

During the same period, probably the same week, the vigilance committee of Clinton County were doing the same service for that community. It is stated that four hundred men assembled at Clamshellford on the Wapsipinicon, and going to the house of an old man by the name of Warren arrested him and three others. Evidence being found against him he was hanged, the three others being held in custody. The excitement did not cease for it is related that five hundred men could be brought together on short notice. Gleason was tracked from his hiding place to a point three miles south of Tipton, but the crowd failed to get him.

There were rumors of all sorts due to the excitement and one must have had difficulty in finding what was true until after the noise had disappeared. Clute was followed nearly to Davenport and was once in the hands of the mob, but was released for want of evidence against him. It was later found that he was deeply concerned in the affairs of the gang and a second capture meant one of two things in the language of the day—"planting" or "suspending" him. It is very conclusive from records made during that period that no one county was concerned. Jackson, Clinton, Scott and Muscatine Counties were aroused at the same time. A big meeting was held at Big Rock over the county line and it was addressed by Judge Bissell, Wells Spicer and others.

About this time a horse was taken from the farm of David Wright, three miles south of Tipton, and one also from the stable of Mr. Ford. Both of these are supposed to have been run off by Gleason and his confederates. A man caught with horses in his possession for which he could give no good account was in a very dangerous situation.

At the Big Rock meeting the best of spirit prevailed, the only object being a determination to rid the entire portion of the state of these renegades.

On July 2, 1857, word was brought to Tipton that Gleason and others were in the woods south of town and at once large numbers of men went in pursuit, returning at noon with the three—Alonzo Gleason, Ed. Soper and Van Ausdel. They were in charge of the sheriff who headed the posse. When they entered town they were led by a martial band of music, some two hundred men all armed to the teeth. The prisoners were in the centre of a hollow square of footmen who acted as a guard. Behind them came a long train, composed of both horses and wagons.

Great excitement prevailed over the entire community, the town being filled with hundreds of men all carrying arms. An eye witness of the capture of Gleason put it in the following words: "I was a boy then and remember distinctly the occasion of Gleason's capture in the brush near my father's farm. He was concealed in the underbrush and not easily located. When the mob came close upon him instead of resisting he rose straight up, threw up his hands and surrendered. No one seemed to realize that he was the man wanted and it took some time to call the men off the hunt. Gleason was shaking from head to foot, for well he knew the consequences of capture by an uncontrolled mob. Seeing my father he approached him and said, 'Howdy do, Mr. B.' Once in charge of the sheriff his bravado returned to him and the cringing fear was not noticeable." 231  

In the evening of the same day, Thursday, the last posse returned, having in custody Walter Cassiday, who was taken with the Wright horse in his possession. He said he went in search of the horse for Mr. Wright and found it. Called before Justice Long his wife made complaint against him to keep the peace since he had treatened her life, and she also swore that he did steal the horse and was returning it to obtain the fifty dollars reward offered for its recovery.

The three men were in the hands of Sheriff Bireley at the end of the day, Thursday, July 2. On the next morning at one o'clock, when plans were matured two of these men were removed from the custody of the sheriff who made an attempt to protect them. On the afternoon before it was a foregone conclusion as to what would happen before morning. A rider was seen to leave the county seat and head for the northeast where the vigilance committee had its headquarters. Fathers who had sons in the town urged them to come home. None knew better than these the tragedy about to occur.

Gleason and Soper were taken in the manner best described by the local news of the day:

"Friday morning.
"Last night about one o'clock a mob numbering several hundred went to the court house, where the prisoners were placed under a strong guard, took Gleason and Soper and then left for the country. Sheriff Bireley and the guards made a desperate resistance, but it was useless against such numbers. Gleason and Soper are probably hung. We have just taken a view of the court house where the prisoners were placed. The door is broken, the stove, table and other furniture smashed and thrown around, giving evidence of a hard struggle."
"P. S.—Word has just reached us that Gleason and Soper are hung." 232  

To give a full description of what occurred in the attack on the court house at this time one would need the story from several sources. It has been summed up in a vivid way from which certain facts are drawn bearing on the general history of the case and showing the spirit of the county which was only one among a group determined to rid their respective environments of the menace of the lawless element.

In the attack on the guards the mob were well organized and made three attempts, so it is said, before succeeding in overpowering the protecting force. Many were injured and had to be carried away. All were disguised. The signal for assembly was a pistol shot when two hundred men came from everywhere to break in the door with a "battering ram." As soon as Gleason and Soper were taken they gathered in their wagons previously removed outside, leaving Cassidy in the hands of the sheriff, Van Ausdel having been already released supposedly as innocent. All was quiet the next morning and the day passed off without bringing any news of the "regulators." Such a condition today would of course be impossible. The rural phone allows no such condition, but then it was necessary to send a messenger in case news came at all.

An eye witness makes a statement of what actually occurred at the execution. The summary of his statement is as follows: The two men were taken in the wagons to Yankee Run. As many as three hundred men assembled and a jury of twelve men was empaneled, giving the prisoners the privilege of objecting if they chose. They expressed themselves as satisfied. An examination was held lasting two or three hours, the persons being separated during this examination.

The jury deliberated but a short time when a verdict of guilty was rendered, after which the prisoners publicly confessed the same. They gave the regulators the names of thirty or more who belonged to the gang of horsethieves and counterfeiters. The execution followed. At this time those implicated by the confession suddenly left, never to return. It is said that several left as soon as they heard of the arrest and before any confession. Many men of good circumstances were implicated.

Word was sent to the friends of the victims to come for the bodies in accordance with which notice the mother and brothers of Soper took his body to Tipton and deposited it in the burying ground. What became of Gleason's body is not stated, but it is probably buried where it was cut down, if rumors are to be relied upon to any extent. The morning after the prisoners were removed from the court room was one of curious interest as to what had occurred, although one would suppose that it did not require a very fertile imagination to picture the events that really transpired. Every one coming in from the north or east was" questioned about the news of the day. Everybody had gone to the hanging. Travellers wishing to cross the Wapsie had to be ferried over by women as "all the men had gone to the hanging." No one was at home but the "women folks" as "all the men had gone, etc."

The confessions of these two men led to a stir in Jones County. A committee of several hundred citizens assembled above Rome in Jones County and arrested two men who confessed to many things, but promising to reform were pardoned or set free for some good reason. The mob then went to Rome to wait upon a merchant and a landlord to effect some change in their future actions it is said.

Countless rumors arose in near-by counties of what was transpiring in Cedar and doubtless some false stories were set afloat. It may be that many are not to be depended upon for a grain of truth and it was a long time before quiet was restored.

A mob assembled in Mechanicsville to punish two men implicated by the confession of those executed and the sheriff was called upon to take a hand. These men had left the county for safety but after the excitement had passed returned, when a mob took them into custody. A jury was selected to try them. On promise of good behavior they were discharged although it was stated they confessed to passing counterfeit money.

The "Muscatine Journal" reported some good service by the Cedar County regulators in warning two citizens of that county, suspected of horse stealing and counterfeiting, to leave the country in ten days. It hoped that such extreme measures as hanging would not be resorted to but the persons whose names were mentioned ought to be arrested and the charges against them investigated according to law, for they have long been suspected of such nefarious operations.

In August 1857, seven men were arrested by Sheriff Huber in Massillon Township upon the charge of being concerned in the lynching of the two men at Yankee Run. They were brought before Judge Tuthill and admitted to bail in the sum of one thousand dollars each to appear at the next term of court for trial. Most of these men were old settlers and with the exception of this affair had always been peaceable and law-abiding citizens. Further record of public nature is not mentioned. 233  

Men now living know who were concerned in some of the activities of the watchful committees for mutual protection, but they are silent on these subjects although the case is so far past it would matter little now if the particulars were put on record. Correspondence fails to bring any answers to questions on the subject. Though facts may do no harm they cannot be had.

The lynching of Roberts was late enough in county history for a complete record to be obtained if those who know could be induced to tell about it. His case is not different from others beyond the fact that he was taken over the county line into Jones and that brought the indictments from Jones upon the supposedly guilty ones here.

Roberts was said to have confessed to any number of crimes, especially to counterfeiting, but he was a victim of his associates in the beginning, for had he not kept constant company with the suspicious element he might have avoided such serious consequences. He made his headquarters in this county at the home of Jim Hanlin, whose name appears on a document under a patriotic title during the Civil war, but the purpose of which was evident from the form of agreement—namely, to resist the government in case of draft. Here Roberts was taken and carried, or hustled we would say, to the farm barn of George Saum, whose biography one may find in a recent Jones County history, and here after summary trial somewhat confusing as to exact details Roberts was hung to a beam.

Subsequently a number of Cedar County men were placed under bonds to appear for trial and a hundred or more citizens signed for their due appearance. The grand jury of Jones County never brought any indictments and when one considers the close relation of the counties in their efforts to rid the territory of loose characters it is not strange that the people took care that their servants in executing the guilty in such a summary manner did not in the end suffer much inconvenience. This was almost the last of the active service of the vigilants and they ceased to be needed. Yet one finds them with annual meetings and new members as the following pages show.

While the immediate need for mutual protection societies passed away after the "reign of terror" in the fifties, and the horse thieves disappeared for a time the organization was kept up to a much later date. An account of a meeting of one of these is given by a member: "In the year 1857, twenty years ago (1877), the citizens of Red Oak and vicinity organized themselves into a mutual protective association and after administering several doses of their kind of justice, horse stealing and destruction of property have become rare occurrences.

On the eleventh inst. (June, '77) this mutual protective association, alias Regulators, met at the Safley school house for their annual session. It was called to order by the president, new members were admitted and the usual form of business conducted. The reports of the officers were read and found correct. Committee on finance reported funds enough inthe treasury for any common emergency. There used to be an idea afloat that all they wanted was an excuse to act but it is only stern necessity that compels the Regulators to act. The election of officers in 1877 resulted in the following: President, Wm. M. Knott; Secretary, Henry Walters; Treasurer, Samuel Yule; Trustees, Moses Bunker, William Dallas, James Davidson and John Graham. 234  

Between three and four o'clock on the morning of the twenty-third of April, 1873, what has been pronounced the most daring robbery ever committed in the town of Tipton occurred, by one Crawford, who was supposed to have entered the town from far distant territory for the express purpose of robbing the office of the county treasurer. In this undertaking he was baffled, for it happened that some one remained too long on the grounds for him to act.

Being of a disposition to improve his opportunities he turned his attention to the jewelry store of Mr. Rowell which he entered through a broken front window. The noise had aroused the residents of the vicinity but before the alarm was given the safe was blown and its contents carried away. Geo. S. Hicks had rooms directly across the street and gave the alarm later and then the pursuit began. Crawford had his team ready and took a direct line for the river. The booty he carried amounted to less than five hundred dollars but such is the foolishness of men who prefer thievery to honest work that he risked his neck to get it.

By the time the sheriff and deputy, the detectives and the marshal, and the owner of the property were sufficiently aroused the culprit was several miles on his way of escape. There was no way of heading the man off as now, not even a telegraph line nearer than nine miles, so the only way to make chase which immediately began. Across the country to Lowden two men came upon the trail first. These were O. W. Porter and Eugene Holtslander. Here they summoned aid in the person of Barney McCabe, and continued the lively chase to Bellevue, Jackson County, where they arrived at one in the morning. The fugitive had crossed only a few hours before and the ferryman set them over the river on their way toward Galena whither they supposed the law breaker had hurried. In this they were compelled to go over several miles of overflowed territory through which the generous ferryman had shown them the way.

Arriving at Galena they made search of the livery barns and found the Crawford team the worse for wear after the long drive of seventy miles over the country roads. Calling the city marshal they searched the town, when in a short time they found the burglar fast asleep as if innocent of any misdemeanor. His conscience appeared to have no sense of guilt and one wonders in what particular his brain structure was different from that of the ordinary mortal. Why should he be made a matter of history because he happened to steal some bauble of decoration? The result to a citizen of the town made the case one of unusual record.

It is sufficient to say that the arrest was not resisted and the prisoner returned without requisition papers. His kit of tools was found in his possession which indicated his professional training.

He was returned to the place of the crime and arraigned before the justice, J. S. Tuthill, who sent him to jail in default of the bail fixed.

Indictment followed, of course, in due time and he came to trial in November of the same year, six months after arrest, such is the speed of the courts of justice, and the sentence upon conviction was nine years in the penitentiary. He served six months in jail and six months in the penitentiary when a gracious pardon was extended to him on account of some secrets he possessed that were said to be useful to the future prosecution of some other burglars.

But the incident that resulted in the narrow escape from instant death of the jailer, Simons, is the only thing that makes this narrative at all necessary or of great interest.

One Thompson had been sent to jail for some minor offense and had during the time engaged with the man Crawford to help him to make his "get away" after the former had served his time in the county reformatory. This he undertook to do, like any inexperienced hand, and in so doing came to battle with the jailer at close range. Securing the duplicate keys from the office of the sheriff he went to the jail where the confusion awoke the jailer, who came down stairs with a loaded shotgun.

At this presentation Thompson fired at him striking him in the breast and inflicting a dangerous wound. The fire was returned by Jailer Simons and the left arm of the would-be rescuer was shattered to pieces. The noise of the two shots aroused the entire town. On the arrival of assistance the wounded officer of the law threw his gun to John Kiser who had instructions to shoot the first man attempting to make his escape. Crawford who had now succeeded in unlocking the cell door with the keys furnished him understood that all escape was impossible and returned to his cell in despair and with signs of childishness, because he could not restrain the tears.

Meanwhile the injured Thompson escaped to the country and stopped west of town at the home of William Kettell for assistance. At two o'clock in the morning when honest folks are sound asleep he aroused the quiet family and demanded aid for a wounded man, shot in the arm, and suffering intensely from pain and weak from loss of blood. Think of it! Aroused at the midnight hour by such a request, in a country farmhouse, with no surgeon near and to care for a man with an arm shot to pieces!

Neighbors were summoned through the aid of two small boys of the Kettell household and the suffering man was returned to the authorities where the arm had to be cut from his body to save his life, all that was worth saving. This operation was performed by men from the county and two of them are dead, the other being in the far west.

There is usually a woman in the case and this was no exception for one came to the assistance of the prisoner, Crawford, early in the period of his assignment to the county jail. She claimed to be his wife, which was easy, and secured quarters with the deputy sheriff, which was convenient for her purpose of finding a way of escape for the unwilling boarder in the jail. Her first quarters were at the Fleming house but that did not quite meet her tastes when the purpose was explained, and a convenient reason was found.

On the night mentioned when the attempted delivery took place she was arrested as an accomplice and committed to jail along with her spouse. Habeas corpus proceedings secured her release and after another short stay in the vicinity of the near-tragedy she left for parts unknown. This is the end of her story so far as we are concerned. As mentioned Crawford was tried in November and sent to Anamosa. Thompson was indicted on the charge of attempting to kill and sentenced to four years. He too was pardoned after half his term.

Crawford sued the sheriff while in confinement in the county jail on the charge of cruelty to prisoners. Just as if any one could be more cruel than himself who had brought the man Thompson to the penitentiary for four years and left him with one arm for life. The jail was under guard all the time after this event until the trial and the removal to the stronger place of confinement. 235  

A case of more than ordinary interest in the state, as well as in the county and criminal record because of the recent law governing such cases, is the one known by the title of the Kidnapping Case in which the offender was one August Leuth and the injured an aged couple, Mr. and Mrs. John Telsrow.

Through some wild scheme of quick riches this individual sought to extort money to a large amount, some say fifty thousand dollars, but it makes little difference in the case of penalty, from the wealthy man by taking possession of the person of his aged wife and holding her a prisoner for a ransom. 236  

The particulars are about as follows:

Sometime in August, of the year 1903, the youth, Leuth, rode up to the door of the old couple and stated that he had come in for them to go at once to the bedside of a sick son near Walcott This was at the dead of night and the old gentleman at once planned to hitch his own team to go at once. Through the urgency of the case the kidnapper persuaded the parents to hurry away with him to the scene of the dying relative. To make this scheme more plausible the son had been ill and the doubt, if any at all in the minds of the parents, was whether he would live until their arrival.


When they arrived at a certain point in the journey the driver, Leuth, pulled a gun and demanded of the old gentleman the fifty thousand dollars saying he would keep Mrs. Telsrow a prisoner until the money was forthcoming. He ordered the husband to return to the home and to make no attempt to give an alarm as other men were watching him and he would be in great danger if he attempted to do so. The poor old man obeyed and returned directly to his home making no outcry until morning fearing that all the things that had been threatened would happen if he did, his houses and barns burned, his poor old wife hidden away and never recovered if he did not forthwith get the fifty thousand dollars and return to that very spot the next night as the robber had said.


Meantime the woman in the case was taken to the Unity school house where the kidnapper locked the kidnapped in the coal house for sometime while he went away probably to find a more secure retreat to conceal his hostage. Returning some time later in the early morning, it must have been about two a. m., he took the prisoner to the cellar of an old deserted house on a vacated farm and told her stay there on penalty of death.


Under the conditions the fright left her little inclination to run away and she remained here, more dead than alive one should suppose, until the light of morning came to show her the way out, when she escaped without mishap, to the house of Mr. Agnew. Then the news spread and the whole county was notified of the deed. 237  


The sheriff and deputy were summoned and made haste to find the accused which happened in due time, after some search on tracks that anyone skilled in crime could never have left.


It is sufficient to say here that the culprit was supposed at once to be some person familiar with the entire vicinity and he was found asleep in an oat bin like any tired individual after a night lost. He was lodged in jail to await further developments. The thousand dollars reward offered by the husband of the lost woman was fruitful in an early capture. At that time the case attracted wide attention and it occupied the attention also of the courts for more than one session as will be seen from the record. 238  


While confined in jail in June, 1904, Leuth endeavored to make good his escape and broke away from the jailer under circumstances that showed his ability to plan well under emergencies. He was captured soon after, having been traced through Durant to his brother's house near Sunbury.


After trial he was sentenced to the penitentiary for ten years, the maximum, and was sent there awaiting appeal to the supreme court.

In reviewing the case the Supreme Court covered the ground substantially as mentioned heretofore and in addition made the comment on certain parts of the evidence to show what kidnapping was under the law.

At the time of this occurrence the defendant was but eighteen years of age and had been in this country but two years or less. He was shown to have been an industrious person, but to have been out of work the two weeks previous to this event. He could not speak the English language but during the time he was confined in the county jail he learned to read the daily papers in that language. 239  

All the witnesses agreed that he could, and did speak nothing but German at the time of the arrest. The court affirmed the decision and sentence of the lower court. After four years of confinement in the penitentiary Leuth was paroled by the governor upon recommendation and he is now somewhere in Oklahoma, having been finally pardoned by the recommendation of the board governing such cases. One member saying that this was the first case of pardon by this board where the applicant was not making the plea on account of sickness.

These are the circumstances of the case and its merits must be left to the future to determine.

It is worthy of mention that the judge of the Supreme Court before whom the argument was finally made was willing to recommend a parole on presentation of the plea of attorney for defense. 240