Iowa
Old Press
The Advocate-Tribune
Indianola, Warren County, Iowa
Thursday, April 14, 1892
A FIGHT FOR LIFE.
Or the Great Murder Trial, State of Iowa vs. Frank Pierce.
The searcher is a product of prohibition and his track is stained
with blood. Frank Pierce is a typical searcher, petted, praised,
almost worshiped by prohibitionists and so called temperance
organizations, because of the reck- lessness with which he
pursued his avocation of searcher. He had not long pursued this
calling till he manifested an utter disregard of human life. He
never argued a case or called for help, but would as
unceremoniously shoot down those who opposed him as he would
shoot a dog. Nominally an officer of the law he soon came to defy
the law and was a law unto himself.
The case now on trial is said to be the sixth in which he killed
or dangerously wounded his victim. Heretofore he has managed to
slip through the meshes of the law and there is much interest
manifested in this trial to see if his luck will still follow
him.
The case is brought to Warren county on change of venue from
Polk, in which his last victim was killed. Last term of court the
case was continued on the ground of the alleged serious sickness
of the defendant, a sickness that even the court was not
satisfied was genuine, but said he would give the defendant the
benefit of the doubt.
On Monday, April 11, the case was called for trial. The
indictment charges that "the said Frank Pierce, on the 30th
day of June, 1891, in the county of Polk and State of Iowa, in
and upon the body and person of one E. H. Wishart, then and there
being, wilfully, feloniously, deliberately, pre- meditatedly and
of his malice aforethought, did commit an assault with a deadly
weapon, being a revolver, then and there held in the hand of the
said Frank Pierce, and loaded and charged with powder and leaden
balls, and then and there the said Frank Pierce did with the
specific intent to kill and murder said E. H. Wishart, wilfully,
deliberately, felonious- ly, premeditatedly and of malice
aforethought, shoot off and discharge the contents of said deadly
weapon, at, against, into and through the body of the said E. H.
Wishart, thereby wilfully, feloniously, deliberately,
premeditatedly and of his malice aforethought, inflict upon the
body and person of said E. H. Wishart a mortal wound, of which
mortal wound the said E. H. Wishart did languish and languishing
did lie until the first day of July, A. D. 1891, and on said
first day of July, A. D. 1891, in said county aforesaid, the said
E. H. Wishart of said mortal wound did die.
The punishment for the crime charged is death or im- prisonment
for life, and of course the defendant is making a fight for life.
He will leave no stone unturned in his effort to avert his
threatened fate. The work of empannelling the jury began shortly
after 11 o'clock. Twelve men were called into the box and F. W.
Powell on behalf of the State began the examination. Wil- liam
Keller in answer to his questions said he had read about the case
in the Des Moines Register and Leader and had heard people
talking about the case. He had formed such an opinion as would
prevent him from render- ing an impartial verdict on the evidence
and instructions given in court.
James McCahill had read about the case in the ADVO- CATE-TRIBUNE
and Des Moines Leader and his mind was made up in regard to the
guilt or innocence of the accused. John C. Hook had read of the
case in the Register and Indianola Herald, but believed his mind
was not made up as to guilt or innocence of accused. C. H. Kirk
had heard and read about the case but had no definite opinion on
it. Adjourned till 1:30 p.m.
On convening of court the examination of jurors was continued.
John Bauer, J. L. Hayes, C. L. Bain, S. B. Speer, Lee Fred, S. D.
McClelland, Mark T. Graham, J. G. Wallace and Wm. Keller were
examined and each answered that he had heard and read a good deal
of the case, but that his opinion had not been so made up that he
could not render a true verdict on the evidence and the
instructions of the court. James McCahill was excused on State's
challenge for cause and D. R. Lockridge was called in his place.
Defendant challenged Wm. Keller for cause. Challenge overruled.
W. H. Berry, on the part of defense, examined the jurors for
cause, asking what papers each one had read, with whom they had
talked about the case, as to whether they had form- ed or
expressed any opinion, whether they had any bias or prejudice,
etc. Each juror was thus severally and carefully examined.
Defendant challenged D. R. Lockridge for cause. Chal- lenge
overruled. Also Lee Fred for cause, and Fred was excused and W.
J. McCleavy was called. Defendant "passed for cause"
and State made peremptory challenge. A new mode of peremptory
challenge was adopted, a secret challenge. A. L. Putnam was
called to take the place of the first one marked off the list.
John McVay was called and challenged by defendant for cause.
Challenge overruled. State waives second challenge and defendant
marks off his second man. W. M. King was called. Defendant
renewed his challenge against John McVay for cause. Challenge
sustained. W. F. Petre was called and excused for cause. Calvin
Haworth was called and passed for cause. The State marked its
third man and J. M. Graham was called. G. R. Morris was called to
take place of defendant's third challenge. State marked its
fourth man and A. J. Roach was called. Defendant challenged him
for cause. Challenge overruled. Defendant made his fourth
challenge and E. L. Willets was called and excused on defendant's
challenge for cause. John Gildow called and passed for cause. On
State's fifth peremptory challenge E. M. Foust was called and
passed for cause. On defendant's fifth challenge Abe Ash was
called. De- fendant challenged for cause. Challenge overruled. On
State's sixth challenge J. R. McMeen was called. On defendant's
sixth challenge Thomas Long was called. Court adjourned till 9
o'clock to-morrow.
TUESDAY, APRIL 12.
Examination of jurors continues. Frank Keller, James Clement, J.
A. Morgan, C. P. McGriff, Andrew Kessler, were called and passed
for cause. George Keeney was challenged by defendant for cause
and challenge overruled. J. M. Goldi- zen was called on State's
last challenge. Defendant waived his last challenge and the
following were announced as the jury: John C. Hook, J. C. Hayes,
D. R. Lockridge, A. L. Put- nam, E. M. Foust, Abe Ash, Thomas
Long, J. A. Morgan, C. P. McGriff, Andrew Kessler, George Keeney,
J. M. Goldizen. The defense did not exercise its tenth and last
challenge.
W. A. Spurrier, county attorney of Polk county, read the
indictment and made a statement of the case to the jury, calling
attention to its importance, outlining the circumstances
connected with it. W. H. Berry said that the defendant pleads
"not guilty" and had no further statement to make.
PERSONELS OF JURY.
John C. Hook, age 39, farmer, lives in White Breast town- ship;
has lived in county 15 years; is a native of Ohio, a Democrat, a
Methodist and not a prohibitionist.
J. C. Hayes, age 24, farmer, has lived in Palmyra 18 years,
native of Pennsylvania, a liberal Republican, not a prohibition-
ist, not a church member.
D. R. Lockridge, age 25, has lived in Jefferson township all his
life, is a Democrat, not a prohibitionist, not a church member.
A. L. Putnam, age 38, farmer, has lived in Richland 28 years, a
native of Iowa, a Republican, a prohibitionist to some extent,
not a church member.
E. M. Foust, age 61, farmer, has lived in Greenfield 40 years, a
native of Ohio, a Republican, not a prohibitionist, a member of
the Christian church.
L. F. Pyle, age 50, farmer, has lived in Richland 35 years, born
in Indiana, a Republican, a little of a prohibitionist, not a
church member, an old soldier, Company A 48th Iowa.
Thomas Long, age 53, farmer and hotel keeper, has lived in
Summerset 9 years, came from Lucas county, had lived there ten
years, born in Ohio, a Republican, not much of a prohibitionist,
not a church member, an old soldier, 4th Illi- nois cavalry.
J. A. Morgan, age 51, grain and commission merchant, has lived in
Virginia township 20 years, came there from Wapello county, born
in Ohio, a Republican and prohibition- ist, not a church member,
an old soldier, 1st Ohio heavy artillery.
C. P. McGriff, age 47, farmer, has lived in Squaw 22 years, a
native of Ohio, a Republican, prohibitionist, Meth- odist, an old
soldier, Company E 89th Indiana infantry.
Andrew Kessler, age 46, farmer, has lived in White Breast
township 12 years, is a native of Germany, came to this country
when 7 years old, a member of the Catholic church, a Democrat,
not a prohibitionist.
George Keeney, age 40, farmer, has lived in Allen township all
his life, is a third party farmers' alliance Demo- crat, a total
abstainer, but not a prohibitionist, not a church member.
J. M. Goldizen, age 35, has lived in Palmyra ever since a few
weeks old, was born in Indiana, a Democrat, not a prohibitionist,
not a church member.
THE TRIAL BEGINS.
Andrew Berry was called sworn and testified that he was present
at the foot of Ninth street on the day of the homicide, June 30,
1891, had driven a load down there. Pierce's men brought three
wagon loads of cesspool stuff to dump. Pierce came in his buggy
and after some talk ordered his men to dig holes there in the
foot of Ninth street and dump their loads into them. Wishart
forbid him dumping this stuff in the street. Said it was his
business to look after that. Pierce got out of his buggy and went
toward Wishart holding a gun on him, then told him to consider
himself under arrest and give up the gun or he would kill him.
Pierce had a gun in his hand pointing at Wishart. Wishart refused
to yield to arrest and went to raise his hand. Then there was a
kind of clinch and witness took refuge behind his wagon. Two
shots were fired in quick succession, but he couldn't tell who
fired them. Pierce retreated behind the wagon and Wishart stepped
up to a tree and snap- ped at Pierce, but his gun wouldn't go
off. Pierce shot twice at Wishart. The latter dropped his gun and
Pierce picked it up. Witness went to Wishart. He said,
"Berry send for the patrol wagon. I am shot. My Heavenly
Father he's shot me and I believe it will kill me. Frank told me
yesterday he would kill me or any other man who would molest him,
but I didn't think he would do it."
D. M. Reeves testified that he was present at the shooting. His
testimony was in the main like Berry's. Said that when Pierce
went toward Wishart he grab- bed with his left hand as if to
catch Wishart's gun, holding a revolver at him all the time.
Wishart jerked his hand to keep Pierce from getting his gun and
it was discharged, but was not pointed at Pierce. After the
shooting Pierce flourished his revolver and told the crowd that
was rushing up to stand back or somebody might get killed yet.
Witness said Wishart had a police star on at the time of the
shooting.
Mayor Campbell testified that Wishart was a police officer and
was on duty at foot of Ninth street at the time of the homicide,
and it was his special duty to prevent indiscriminate dumping of
filth at this place.
James Miller witnessed the killing, but added little new
evidence. Said Pierce flourished two revolvers at the crowd and
told them that if Des Moines didn't know who Frank Pierce was
they would learn who he was.
A. J. Stevenson testified he was the first police officer on the
ground after the shooting. He had the wounded man cared for and
tried to get Pierce to go with him to police headquarters, but he
refused to be arrested without a warrant. This was a very cool,
deliberate and convincing witness.
[transcribed by M.C.B., April 2006]