in a sort of, sheath on his leg, and he succeeded in terrifying some of the witnesses to such an extent that they would not tell what little they knew. Lowell was committed to the jail of Polk County until his supposed crime could be placed before the grand jury. Judge McKay ordered a special term of the district court to be convened at the house of Judge Evans for the disposal of this case. A grand jury was called and charged, consisting of Joseph P. Robinson as foreman, Samuel Heistand, John H. Keigley, William D. Evans, Jennings Wilkinson, David Wilkinson, Jeremiah Cory, William K. Wood, Hiram Vincent, David B. Neal, Judiah Ray, Horace Heald, John G. Sellers, Nathaniel Jennings and John Zenor ; William Arrasmith served as bailiff. The principal officers, of the court were, judge, William McKay, of Des Moines; Frank Thompson, clerk ; Eli Deal, sheriff, and W. W. Williamson, of Des Moines, district attorney. As seven of the jurors were near neighbors of the accused, and under the excitement of the case had prejudged it and already condemned him, and as the foreman had already acted as the examining and committing magistrate, it is not surprising that the indictment was promptly endorsed " a true bill," and returned into court. The sessions of the grand jury were held in an unfinished house in course of erection by William D. Evans.
The opening of the court and investigation by the grand jury occupied two days. The interest in the case was very great, especially among the citizens of the eastern part of the county, and they attended the court in large numbers. The distinguished visitors, attorneys, and officers of the court, among whom were D. O. Finch, John A. Hull, and " Old Timber," slept in the court-house, and took their meals with Judge Evans, but the general crowd must needs lunch and sleep as best they could in fence corners and under the trees, or around the blazing heaps of burning logs. The trail made by the travel to and from this trial by the crowds from the eastern part of the county was used for many years as the leading highway in that direction.
On being arraigned, the accused took a change of venue, and he was afterward tried at Des Moines, found guilty, and sentenced to the penitentiary, where he died.
Although the judgment of the people was quite unanimous as to Lowell's guilt, and is entitled to respect, yet to such an extent has a sickly sentiment within the past thirty years hedged in the criminal, that it would be now difficult, if not impossible, to convict a man on the evidence of the crime alleged to have been committed by him.
At this first term the court "ordered, that the clerk use the eagle side of a United States half dollar as the temporary seal."
On the 17th of October, 1864, some children following a path near the ravine, on the west side of the creek, about, the west line of Block 36, in Nevada, discovered appearances of a hasty interment of a human body. The locality was but a short distance from the line of travel, near what was then called the "lower ford," and was covered with a growth of hazel. Being near the creek, it afforded water, and was used as a camping place. An investigation discovered the mutilated body of a man. Inquiry showed that two men, traveling together, had camped there quite recently. The trail of the outfit was soon struck. Active pursuit was made. The destination of the survivor was discovered to be not far from Springfield, Ill., and he was arrested there. His name was McMullen.
Photographs of the murdered man were distributed, and he was identified as one Townsend, whose home was in Southwestern Wis-