THE FIRST LOUISA COUNTY HOMICIDE
( Contributed by by James R. Smith, Esq., of Columbus Junction)

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The first homicide in Louisa county was the killing of George Stump, better known as Nevill, this being the name of his stepfather.

This tragedy occurred in the spring of 1850. The Nevill family, which included several sons, half brothers of George, who were grown to manhood, and Wm. Franklin, his slayer lived in the town of Toolesboro. There was enmity between the two families. How it originated was never clearly shown. One day in the spring of 1850, Stump and Franklin came together on the street and Stump, who was a big, strong man, attacked Franklin, who was much inferior to him both in size and strength, and gave him a cruel beating, kicking and battering him in a shameful manner. Stump and his brother. Mike Nevill, at once decamped across the river into Illinois.

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Several weeks elapsed, during which time Franklin was nursing his wounds and his wrath. After a short absence the Nevills returned, calling at the house of a man by the name of Philips, said to be a relative of the Nevills. The house occupied by Philips stood where Mrs. G. H. Mosier now lives. Most of the people then living on the hill in Toolesboro obtained their water from a well located at the rear of a brick building belonging to Wm. L. Toole. The lower story was at this time used as a store room in which John Bradley was clerking, the upper rooms being occupied by Hooker Trask and family. On coming into the house of Philips, Stump complained of hunger and Mrs. Philips told him to bring some water and she would prepare him some dinner. Taking the bucket he went to the well before mentioned and was in the act of drawing the water from the well with a windlass when Franklin, who had warning of his coming and was concealed behind an out building near the well, with an Allen revolver, came around the corner of the house and opened fire on him from a distance of about ten feet, the first shot taking effect in Stump's face. Franklin advanced, firing one shot after another as fast as his weapon would revolve. Stump dropped his bucket and fled in terror, first running towards Susan Trask, who was hanging out clothes in the yard. Terrified, she fled to the house and Stump then made for the board fence that surrounded the grounds. Against this he fell, knocking off the top board, followed by the enraged Franklin, who, having emptied his revolver, grasped him by the hair and began pounding him on the head with the empty weapon. Tearing himself loose, Stump staggered bleeding up the street, and was met by his brother Mike, who assisted him to the Nevill home, where after lingering a couple of weeks he died.

The writer of this sketch, at that time a boy of ten years, was a witness both of the attack on Franklin and the killing of Stump.

Immediately after the shooting and prior to the death of Stump, a warrant was issued by Isaac Parsons, justice of the peace, on an affidavit of James Keever, charging Franklin with "assault with intent to kill." This warrant was placed in the hands of Justice Warn of Wapello on whose docket is found the following entry: "April 2nd, 1850. A warrant being brot to me, Samuel Warn, a justice of the peace of the township of Wapello, in Louisa county, by John H. Haskinson. constable of said township, which warrant was issued by Isaac Parsons, of Jefferson township, in said Louisa county, which warrant was issed on the affidavit of James Keever as follows:" Here follows the wording of the warrant. The judgment of Justice Warn reads as follows: "April 2nd, 1850. Said Franklin was brot before me by the Officer Haskinson, constable of Wapello township, in said county, for examination, and Springer and Bird Attys for defendant, moved to quash the warrant for these defects 1 for the reason of their being no such class of acts in the state of Iowa, and 2 other defects. It is therefore considired that the prisoner be discharged and the county pay the costs of the suit taxed at $4. 33 cts."

Being acquitted on a technicality it seems Franklin now demanded a trial on the charge of assault, so on the following page of the docket we find the following entry: "Now on this 2nd day of April, A. D. 1850, came the Deft and gave himself up to the custody of the law for an assault on George Stump, and asked that the cause might be investigated. Francis Springer and John Bird recognized themselves for his appearance on Saturday, the 6th inst."

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The result of this trial is given in the judgment of the court as follows:

"April 6th, 1850, the day and hour for the above examination having arrived and one hour having relapsed after the return hour the parties being called, the criminal appeared by his Attys, Bird and Springer, and went into the examination, and after hearing the testimony in behalf of the State of Iowa, said witnesses being 24 in number, and it not appearing to be testimony enough to bind said William Franklin over to court, It is therefore considered that the said Franklin be discharged and that the county of Louisa pay the costs of this investigation taxed at $35.02^. This April 6th, 1850.
                “Samuel Warn.”
               Justice of the Peace.”

So ended this celebrated case, the list of witnesses was nearly a poll of the male population of Jefferson township with quite a number from Wapello. Stump's reputation as an outlaw and bully largely influenced the result, the general opinion being that he got only what was coming to him. This proves that in those early days as today, the mills of justice grind coarse or fine according as the gauge is set by public opinion.

One impressive fact in this connection is the cheapness of judicial procedure in those days. Fifty years later a man was stabbed to death on the streets of Wapello in the presence of half a dozen witnesses, dying almost immediately. The murderer did not deny, but boasted of the deed, and expressed regret that he was unable to add others to the list. And yet a coroner's jury was empaneled to ascertain how and why the man died, a lawyer was appointed to defend him, and all to prove a fact that everybody knew and nobody denied. This travesty on justice cost the county some six or eight hundred dollars to convict (?) a man who denied nothing and plead guilty to every charge.

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