Iowa
Old Press
The Daily Iowa Capital
Des Moines, Polk County
Wednesday, July 1, 1891
IT PROVED A MURDER
The Tragedy of Yesterday Developes Into a Murder---Death of
Wishart.
Frank Pierce Placed in the County Jail Charged With Murder--An
Inquest Started.
The tragedy of yesterday at the crematory grounds has developed
into a murder. Mr. Wishard died at 1 o'clock this morning at
Cottage Hospital to where he was removed yes- terday afternoon.
He died surrounded by his weeping wife and children. Yesterday
afternoon when Pierce was put in jail he de- manded bonds. An
information of assault with intent to commit murder was filed
against him. Bonds were fixed at $3,000, but he failed to get
bondsmen.
CHARGED WITH MURDER
When it was learned that Mr. Wishart could not live Solicitor
Brennan was sent for and he drew up an informa- tion, charging
Pierce with murder in the first degree. Pierce stayed in jail
last night. This morning Auditor Baker went down and notified him
of his victims death. He took it very cooly and lightly expressed
his sorrow. About 8:30 he was taken before Justice Eggleston for
arraignment. His attorney, Mr. Haskins appeared with him and
asked time to plead. He was refused bonds, and taken to the
county jail and turned over to the sheriff.
The sheriff empannelled a jury composed of L. B. Thomas, Orsin
Luin and Theo. Johns to hold an inquest with Coroner Griffith.
The body of Mr. Wishart was removed to Shank Brothers' place this
morning and Drs. Schooler, Carter, Wiley and Latta held an
autopsy of the remains, tracing the course of the bullets. The
coroner's jury met at the court house this afternoon and began
its investigation.
EVIDENCE OF WITNESSES.
From the evidence given by those who saw the shooting there
appears to be little doubt that the murder was without
provocation, and was to a certain degree premeditated. This fuss
between Pierce and the authorities dates back to the time when
the mayor refused him a license as scavenger. He was finally
granted one, but since then he has had a good deal of trouble
with Becker who has had charge of the grounds at the crematory.
Yesterday morning Pierce went into the chief of police's office
and said he was going to dump his refuse at the foot of Fourth
street. The marshal told him that he would have him arrested if
he did. Pierce said he was then going to dump the refuse on Ninth
street near the crematory, and he would lay out any one who
opposed him. He started out and going down there with his teams,
cut down the fence and drove away, leaving his men to dump the
stuff. Officers arrested the men but could not find Pierce, who
had driven away.
In the afternoon Pierce had two more loads ready to dump and
strapping on a belt and two revolvers he went down to the
crematory. He ordered his men to dig holes along the fence and
put the stuff in them. Mr. Wishart who has charge of the
crematory and ground came up and told him that the ground
belonged to the city and that they could not dump there as it was
against orders. Pierce ordered his men to go ahead and dig as he
was going to dump there, and no one was going to stop him.
Wishart protested and finally told Pierce that he was an officer
and for him to consider himself under arrest. Pierce jumped from
his buggy and pulled his gun, said, "I'll arrest you."
Pierce then fired and poor old Wishart fell to the ground with a
mortal wound through his body. Pierce then started to run away
but came back, and an officer who soon arrived tried to arrest
him. Pierce refused to come without a warrant, and the officer
started for police headquarters to get out a warrant. As soon as
Chief Stutsman heard of the affair he ordered his men to go and
arrest Pierce dead or alive without a warrant, and jumping in a
buggy was on the ground, and Pierce, seeing that no foolishness
would be allowed, submitted to arrest.
Andrew Berry, John Murphy, J. Miller, G. W. Thompson and John
Smith were eye witnesses to the whole affair. Their testimony,
sifted down, is about as told by Mr. Berry, as follows:
"Pierce and his men came down to the crematory and he
ordered them to dig holes inside of the fence to dump in the
cesspool stuff. Mr. Wishart told him it was against orders and
that he would not allow them to do it. Pierce began to rave and
swear and jumped from his wagon and told Wishart that he would
arrest him and drew his gun. He ran around my wagon and Wishart
tried to get out his gun. Pierce began to shoot and fired out
from under his horse. Wishart dropped his gun and fell. I can't
tell how many shots were fired, but counted four. Pierce fired
the first shot, I know, but after that I didn't see much until he
shot the old man in the back. The shooting was unpro-
voked."
Mr. Wishart was visited at the Cottage hospital by Chief
Stutsman, Mayor Campbell, a notary public and several physicians.
An operation had been performed by which some of his intestines
were removed; and his kid- neys were inflamed while it looked as
if a general inflam- mation of the wound had set in. He was
conscious and under the influence of opiates was resting as easy
as could be expected. His weeping wife and children sur- rounded
him and it was a sad scene. He greeted the mayor and chief and
said: "Pierce told me yesterday that he was coming back
today and if I obstructed him or if anyone did he would kill
them. I only tried to do my duty and he didn't scare me a bit
when he rushed up with his gun." The room was cleared of all
but the nurses and those who were authorized to stay and Wishart
made his ante- mortem statement, as it was believed he would not
sur- vive the night.
THE ANTE-MORTEM STATEMENT.
He said: "Pierce and his men came down to the crem- atory
shortly afternoon with two wagon loads of cess pool stuff and
said he was going to dump it there. I told him that he could tear
down Mr. Becker's fence at his own peril, but he could not dig
holes inside of the fence on the crematory property and dump the
stuff as it was against orders. I told him I was an officer and
that he had no right to dump there. He began to threaten and I
told him to consider himself under arrest. He jumped from his
buggy and ran at me with a gun in his hand, and I drew my gun; I
did not intend to shoot, and he stuck his gun in my face and
fired. My gun wouldn't work, and he jumped behind his horse and
shot from under its belly. As soon as I was hit I dropped my gun
and never fired a shot. My gun had only three loads in it."
THE VICTIM.
Mr. E. H. Wishart was an old soldier and has been a resident of
Des Moines many years. He was a native of Portugal. He was a man
of unusually quiet temper- ment and inoffensive habits, one of
the last men in the world to engage in a quarrel. His entire
record is that of a peaceable, orderly, quiet man. He was a
member of Co. K, Second Iowa Infantry, and enlisted in 1861 at
Ottumwa. He served in the army until 1865 and was honorably
discharged. Alex Graham and Wm. Christy of this city, served with
him and have known him for thirty years; they speak very highly
of him. He was a member of Kinsman post, Friends church, and
Keokuk Tribe of the Order of Red Men which is now entertaining
Mr. Donnalley in the city. He lived at 614 South East Sixth
street and has a family of a wife and four children. He was
placed in charge of the crema- tory by Mayor Campbell and was
sworn in as a regular police officer to protect the property and
to enforce the health ordinances.
EXCITEMENT ON THE STREETS
The tragedy has caused great excitement. The public unites in
condemning Pierce. A crowd of several hundred people were
gathered about the police station last night discussing the
affair until early this morning. The police looked for some
attempt to take Pierce out, but there was no move of that kind
made except by talk. If they had a leader there might have been
some thing done. It would not have taken much to excite the crowd
to make a raid on the jail. The shooting is the topic of
conversation everywhere. Everyone expresses sympathy for the
family of Pierce's victim. His remains were this afternoon taken
to Sealover's place and will later be taken to the family re-
sidence on South Sixth street. The funeral will occur tomorrow.
[transcribed by M.C.B., April 2006]
The Daily Iowa Capital
Des Moines, Polk County
Thursday, July 9, 1891
THEY'LL BE RELIEVED.
North Des Moines Citizens Discuss the Sewer Question Before the
Council Committee.
The committee appointed by the city council at its last session
to look into the matter of sewering North Des Moines held a
meeting at the council chamber yesterday afternoon and listened
to opinions advanced by a number of representative North Des
Moines citizens. The committee is composed of Solicitor Brennan,
the board of public works, Engineer Laird and aldermen Lane,
Smith and Rollins.
Mr. George Sanderson read resolutions passed by a mass meeting
held by citizens of that portion of Des Moines North of North
street June 7th, which in substance amounted to a petition or
demand that the city council take immediate action toward
relieving North Des Moines citizens from the dangers encountered
by the lack of sewerage. Mr. Sanderson stated that everyone
conceded the necesity of sewers in that portion of the city, and
that the only difference lay in what manner the territory should
be drained.
Dr. J. B. Hatton said that the matter of sewerage of North Des
Moines was a matter of great importance both to citizens there
and to the committee as preservers of the city's health. He
discussed the question from a sanitary view and told how the
entire territory had become impregnated with the contents of cess
pools, which had to be used in the absence of sewers. He said
that owing to the loose nature of the earth in this vicinity the
contamination of the cess pools extended over sixty feet and
poisoned the water, causing typhoid and malarial fever. He
contended that to continue to live in North Des Moines under
these conditions would be almost suicide; that every one was
constantly in danger of disease and he called upon the council
for protection. He read the interview with an ice man which
appeared in the CAPITAL Tuesday, and argued that a few private
interests should not be considered equally with the lives of
citizens. The water in the Des Moines river was now poluted to a
certain extent by half a dozen private sewers running into it in
North Des Moines and he ventured the statement that the
difference would not be noticeable in the water if the whole
territory was likewise drained. The ice men should go above the
Sixth street bridge, anyway. They are getting impure ice when
they cut below it. Remarks were also made by Dr. Royal, Dr.
Pippino and Judge Bishop.
Mr. Finkbine expressed his disapproval of the plan to polute the
water with temporary sewers and asked Judge Bishop if according
to his recent decision in the Eighteenth street intercepting
sewer case, the city now would be acting legally if they
anticipated sufficient money to North Des Moines for their
relief.
Judge Bishop said the case was identical with the former, and he
believed his decision was good law then and believed it yet. This
appeared to solve the question, and in all probability the
committee will report in favor of such a move. It was found that
there was $7,000 in the sewer fund and that the tax of another
year could be anticipated in payment for the remainder of the
cost. It would take about four months longer to build the
intersecting sewer than it would to build the other sewer into
the river.
[transcribed by M.C.B., May 2006]