Harrison County Iowa History - Notorious Criminal and Civil Cases

IMPORTANT CRIMINAL AND CIVIL CASES.

CHAPTER IX.

Extracted from the History of Harrison County Iowa
Chicago
National Publishing Company
1891

The subjoined is a synopsis of the more important criminal and civil actions within Harrison County, together with a brief account of some of the dark deeds—murders and kindred crimes, which have been committed, since the early settlement. The pages of every county and State history have always been darkened by more or less of crime’s work. The first one tried within the county on charge of murder committed therein, was that of the State of Iowa vs. James E. Triplett. This happened in 1863-1864 and caused as much commotion and general comment s as any case in Iowa at that date. The defendant was charged with the murder of his wife, by the use of poison given by his own hands, while she was seriously ill; it was given her under the guise of medicine. Nothing was suspected until his wife had been buried fourteen months, when strange circumstances came up, among which was the delicate condition of one Miss Maggie Snyder, his employer’s daughter. Finally at the instigation of Dr. J. H. Rice, George G. Downs, Nathaniel McKimmey, Isaac Bedsoul and Joe H. Smith, all repaired to the cemetery at Magnolia at midnight and exhumed the corpse of the deceased woman. They took from it the stomach and sent it to a chemist at Omaha, who found large amounts of strychnia. The husband was arrested and held until the May term of court in1864. The first jury not having been properly chosen were discharged and July 18 another jury took the case. After a long, hotly contested trial the jury brought in a “not guilty” verdict, believing the poison had been given though a mistake. However, subsequent developments proved to most minds that he was guilty, as another wife went from earth the same way. Triplett finally died a most miserable death.

During the days of the Civil War, another crime was committed, a brief mention of which will be made. It was the case of the State vs. John W. Mecham who was charged with the murder of George W. Mefferd who was shot directly through the heart. The trouble arose of a custom which always prevails in new prairie countries, where one person goes out and cuts a swarth around a large tract of hay-land, for the purpose of claiming it as his own. Mefferd had thus surrounded a tract of grass and Meecham disputed this time honored custom, and claimed the hay which he had cut on such land subsequent to Mefferd having cut around it. Mecham repaired to his home and procured a No. 2 Colts Navy fire-arm, cleaned it up and went over to the scene of the murder and there committed the bloody deed, the first example of which Cain set for mankind in the killing of Abel. Mefferd was a promising young man, aged twenty-three. Meecham was a dare-devil; had enlisted in the Twenty-ninth Iowa Infantry, but became frightened at the thought of going South and shot two fingers off to avoid going—but he was pressed into service and remained six months. His trial for murder consumed ten days. The Jury was out twelve hours and found a verdict of “not guilty.” The only circumstances which could cause the jury to so find was the fact of there being several of the Mefferd family—men grown, engaged in the scene of the quarrel, whereas the defendant was alone. The first case of bigamy came up in 1872, at the March term of court. The defendant was Henry Ackerman, who came to Magnolia in 1871, resided with wife number two, for a year, when wife the first put in an appearance. He was tried and convicted, but only sentenced for one year. In this connection must be recorded the bloodiest page in the criminal chapter of Harrison County history. It is the case wherein Stephen Ide was killed by Louis W. Weirich, in the summer of 1872, at the village of Logan. Stephen Ide was a large, rough, brutal and overbearing man and looked upon as an outlaw in the vicinity. Weirich was running a butcher shop and upon the fatal day, he and Ide had been engaged at poker playing in a hay loft in Logan and Ide won a dollar worth of meat from Weirich, and over the weight of said meat, a quarrel arose. Ide being a powerful man seized little Weirich and severely choked him on the meat-block at three different times. They were parted by bystanders, but soon Ide came in again to have revenge, whereupon Weirich grasped a butcher knife and thrust the same into Ide’s heart. The men both fell—Ide still clinching Weirich by the throat and fell upon him, full weight. There upon the floor of the meat market flowed the crimson blood of Ide, which spurted into the nostril and mouth of Weirich, almost strangling him, until death had palsied the firm grip of Ide. The case was tried in one day and the Jury was only out an hour and returned with the verdict of “Guilty.” He was at once sent to State Prison at Fort Madison for life. He left a wife and one child to battle on in life alone. The scene of their final parting was indeed one well suited for the drama. After having served ten years, the same man who had with all the powers of an able attorney succeeded in convicting the culprit, was the instrument in the hands of the law, (aided by the plea of common humanity and the fact that Weirich’s health had failed and he longed to die outside the prison walls) of securing a pardon for the unfortunate man—more on account of his wife and child than upon any other ground. He only lived a few months and soon followed his wife who died a noble type of true, self-sacrificing womanhood—although broken hearted. The long years of toil at the wash-tub, by which to earn money and buy things for the health and comfort of her husband, in prison, together with the long drives, against a fierce winter storm, with but little clothing on to shield her from the elements against which few men would dare expose themselves, should ever remain as a monument to the true, never-dying faithfulness of this poor woman. But few such cases can be pointed to.

The first person murdered in Harrison County, was one of the wives of a Frenchman named Charles La Ponteur, who at the date referred to—1850, lived near the village of Little Sioux. This Frenchman was an Indian trader and had previous to this time married two Omaha squawa, and both were living with him at the time mentioned. The Omahas and Sioux were at war with each other , at that time, and in the spring of 1850, while these squaw wives of La Ponteur were planting corn, the Sioux Indians numbering about twenty warriors, secretly stole upo0n them. One of the wives had a daughter, not quite fourteen years of age, and while the bloodthirsty Sioux were advancing the mother told her daughter as soon as any shots were fired to fall to the ground and feign death, and to remain in that condition until an opportunity arose for her escape. The mother saying that she would run for the river and possibly might escape, “for” said she, “the Indians will shoot at me and I may be wounded, and if you fall they will think they missed me and shot you.” Scarcely had this strategy been planned before the shots were fired, and the girl true to orders, fell prone to the earth, but the mother wounded as she knew she would be, ran to attract the attention of her invader and thus save the young girl; but by the she had reached the Little Sioux River, was captured, tomahawked and scalped, the girl in the meantime making good her escape. The next Indian murdered was in Clay Township in 1864.

A band of Omahas and Pawnees, were at work in the timber cutting cord-wood and saw logs and one of their number, a young man, was chopping, whereupon a young, vicious, dare-devil named William Brown, took aim with his rifle and deliberately shot and killed the young Indian. It is supposed the stories then being told regarding the Indian massacre in Minnesota had created a morbid thirst for Indian blood, upon the part of the heedless young man. But as this was in the midst of the Civil War and very exciting times, no action was ever taken in the matter. In 1869, an old Omaha Chief, named Yellow Smoke, was murdered in cold blood, by white men in Dunlap. He was a common beggar and frequently visited country school houses and made teacher and pupils give him their dinners upon which he might gorge himself. He was also an expert gambler and one night, while at Dunlap, taking part in a game of gambling cards, he was quite successful and over it a quarrel arose and finally culminated in murder, as the following morning Yellow Smoke was found dead near the depot, with his skull broken in several places “by hands unknown.” Thus the life of an uncivilized and aged Indian was taken by the hand of christianized, educated white men, whose crime must be accounted for in the world to come, as no bill could be found by a Harrison County court!

The first case to be taken to the Supreme Court was that of Robert Hall vs John Mathers. This invalued the title to an eighty-acre tract of land in Allen Creek Valley. Hall having obtained a decree quieting the title thereto in him, gave the defendant the thought that the court had erred in judgement, and therefore the case was appealed, but was affirmed and stood as before.

State of Iowa, }

vs. }

S, Hopkins. }

This case was tried in 1885. It came by change of venue from Le Mars, Iowa, and proved to be a very interesting case. The defendant was charged with burning the extensive roller mills at Le Mars. One Murphy, alleged accomplice, and who had been previously convicted, was, by order of the court, brought from the penitentiary to testify against the man Hopkins. His testimony was of the most positive character and very strong. He testified he and Hopkins fired the mills and gave the circumstances in detail. After a long and wearisome trial, the defendant was acquitted. S.M. Marsh, the District Attorney, and an attorney from Dubuque, appeared for the prosecution, while George W. Argo, L. R. Bolter, and C. C. Cole defended.

State of Iowa, }

vs. }

Artemus Baker. }

This case came up for hearing in 1875. The defendant was charged with murder, having killed a young man named Frank Crow, near Woodbine. The defendant relied on a plea of self-defense, and was acquitted. The District Attorney and L. R. Bolter with W. S. Shoemaker appeared for the State, and B. F. Montgomery for the defense.

State of Iowa, }

vs. }

John Richardson. }

Mr. Richardson was, in 1888, charged with murder in the first degree, for the killing of Lemuel Harker of Missouri Valley. The trial consumed seven days’ time, and resulted in acquittal, on the plea of self-defense. The attorneys who had charge of the case for the State were J. S. Dewell, J. H. Smith and L.R. Bolter & Sons. The attorneys for the defense were L. Brown and S. H. Cochran.

P. C. Spooner, }

vs. }

Board of Supervisors }

Of Harrison County. }

This was a case tried in 1879, where, by, injunction, the plaintiff sought to restrain from the collection of heavy taxes, for the construction of the “Spooner Ditch” in the western part of the county. S.H. Cochran appeared for the plaintiff, and W. S. Shoemaker for the defense. The plaintiff succeeded in defeating the collection of about four thousand dollars in taxes.

James McCoid, }

vs. }
John Noyes. }

This was an action brought to abate a coffer-dam, near what is now McCoid’s flouring mill, at Logan; also claiming six thousand dollars in damages, by backwater. This was tried in 1879, and resulted in a verdict for the defendant. The counsels for the plaintiff were A. W. Clyde and L. R. Bolter, while J. H. Smith and S. H. Cochran appeared for the defense.

State of Iowa, }

vs. }

Jonathan Jones. }

This was a case, in 1879, wherein Jonathan Jones was brought to Harrison County from Council Bluffs, charged with murder. The attorney for the State was L. M. Marsh, and the defense employed C. R. Scott and Maj. Lyman. Jones was convicted, but subsequently the case was appealed and he was released.

State of Iowa, }

vs. }

P. & W. C. Cadwell }

This was among the most exciting and much talked-of cases ever tried within the county. It was a case wherein a banking firm, doing business at both Logan and Woodbine, was charged with fraud. The defense was beaten in the District Courts and appealed to the Supreme Court, which affirmed the former decision of conviction. For the State appeared J. S. Dewell, J. H. Smith and S. H. Cochran, and for the defense J. W. Barnhart and Hon. L. R. Bolter. The case was tried in 1888

Dr. F. M. Comfort }

vs. }

L: D. Kittle (Sheriff), }

This was a peculiar and very interesting as well as quite important case that came back to the courts in 1889. It was a habeas corpus case. Dr. Comfort, of Logan was arrested by order of Judge Ladd, on the ground that he refused to give bonds to appear as a witness in the case of the State vs. Phineas Cadwell, The case was brought before Judge Alesworth, of Council Bluffs, who, on hearing, discharged the plaintiff. The Sheriff thereupon appealed the case to the Supreme Court of Iowa, where it was affirmed—Judge Beck alone dissenting. L. R. Bolter & Sons and J. W. Barnhart were the attorneys for the plaintiff, and S. H. Cochran and Joe E. Smith for the Sheriff—Mr. Kittle, of Monona County.

This case has suddenly and unexpectedly changed what has been looked upon as good law for forty years in Iowa. It virtually asserts that a man cannot be imprisoned, though he refuse to give bonds for his appearance at the court. Hundreds of men in Iowa, even thousands, have been from time to time placed in the county jail because they could not, or would not, give such bonds. This decision shows that in Iowa, at least, a witness cannot be placed in jail for what knowledge he may or may not possess, bond or no bond. Hon. L. R. Bolter had held this to be law for a quarter of a century, but he never had a cause by which to test until this one came up.

LAUGHABLE LEGAL INCIDENTS

Connected with the strong, severe arm of the law, there many times arise amusing incidents between counsel and clients. Especially was this true at an early day when the judges, justices of the peace and attorneys were not noted for superior educational qualifications themselves. We will not cumber the pages of this book with more of these matters than seems proper as illustrations of pioneer justice. Only the gist, or “point,” of a few cases of this character will be given—the reader must draw on his fancy for the remainder: In 1857 there came up an attachment case for hearing before a Calhoun justice of the peace. The papers were not in legal form, consequently one attorney filed a motion to “quash the writ.” The motion was argued with great force, and when the justice came to pass on the motion, he sustained the same; and in order to “quash the writ,” he laid the document on the table in front of him and said: “By virtue of authority vested in me as Justice of the Peace, I hereby squash ye.” –then striking his hand, tore it to fragments. It was “squashed!

In 1865 a case was being tried before Joel H. Patch. A jury was demanded, and the constable went out to select one, and happened to stumble on Joshua B. Acres, who had only a few moments before been united in marriage. The officer served the writ on him. When it was known to two of the “juryman, viz: Norman B. Hardy and George R. Brainard (who seemed for the time being possessed of the devil), they both willfully and with premeditation “hung the jury” all night, and until 8 o’ clock the next morning, so as to play a “goake” on the bride and bridegroom. It is related Acres agreed to pay the plaintiffs claim and costs, if the jury would only agree and let him go. But Hardy said the defendant should not have a

Cent, no matter who paid it. Brainard was not over anxious to “agree” either.

A Cass Township justice—in early days—opened his court on occasion by going to his door, climbing a seven-rail fence, and at the top of his voice yelled, “Hear ye, hear ye, the Honorable court of the Hon. John_____, will begin business in mighty short meter; come if you want to.” During the case his little son kept scrambling about on his father’s lap and became fretful, whereupon the Justice said to the offender, “Sonny, stand away; keep off; you greatly retard the administration of justice, besides you are a bothering his Honor, this ere court.” The evidence being heard the court entered the following judgement; It is hereby found that plaintiff git of the defendant the sums of ten dollars and six bits and my costs, and the next case for trial in my court is the “dog case.’”

In the trial of a case before Samuel Sharpnack, of Clay Township, Capt. William Hill appeared for the defendant and Joe H. Smith. When Smith undertook to testify himself by presenting a certain account book, he was objected to by Capt. Hill, on the ground that section 2388, of the 1851 code, read: “But an Indian, negro, mulatto or black person shall not be allowed to give evidence in any case wherein a white person is a party.” “Now.” remarked Capt. Hill, “look at Smith and determine if my objection is not well taken.” The court sustained the objection, whereupon a scene occurred in which books flew in the air and all was not tranquil, for the complexion of Attorney Joe Smith is like that of Gen. Logan, dark and swarthy, though a full-blooded Caucasian and an honored attorney of the county to-day.

Transcribed by Alvin Poole, April 12, 2019, pages 86-91