"The History of Decatur County, Iowa: 1839 - 1970"

by Himena V. Hoffman
Published by Decatur County Historical Society, Leon IA, 1970
 
Law and Order: Mercer Gang, Pages 88 - 89
Transcription by Carmelita
 
In Garden Grove S. H. Amos opened his office in 1878 after study with Judge Harvey. W. W. Peasley was an attorney at Davis City from 1875 to 1885.

There were others who practiced law in the county between 1865 and 1880, but these listed seem most important. After 1880 other attorneys enter practice. W. W. Miller was at Garden Grove two years. R. W. Critchfield opened a law office in Weldon in 1883. W. A. Albaugh read law with Harvey and Curry and was admitted to the bar. Marian Woodward opened an office in Decatur in 1883, then moved to Leon. Stephen Varga graduated from law school at the University of Iowa and for one year was a partner of Major Young. In 1892 he and his father purchased the abstract books from the Farmers and Traders Bank, and he devoted his major attention to the abstract office.

V. R. McGinnis, who came to the county as a teacher, was admitted to the bar in 1894 and soon became known for his oratory and his activity in the Democratic party.

Others who took up the practice of law during this period will be mentioned in the next section and others were here only for a brief time.

In 1866 James Alfrey, teacher and lawyer, was shot and killed by a man named Williams. In that same year Dr. Parmentus Mullinnix of Pleasanton was killed and John Crawford tried for his murder but was acquitted. As the killing occurred just over the state line, the case was tried in Missouri. However, at the preliminary hearing Joseph Warner represented the prosecution, and Samuel Forrey the defense. In 1877 John Sall confessed to the ax murder of Jo Burton, a crime that took place in Woodland township.

In 1881 a crime was committed in Decatur County which caused great excitement. On November 16, Hiram and Valentine Mercer killed John Enloe on the main street of Davis City, wounded the town marshal whom Enloe was attempting to assist in the arrest of Valentine Mercer, and injured two innocent bystanders one of whom was a woman.

As one reads the accounts written at that time which speak of the ' Mercer gang' and link the Mercers with the James brothers and other outlaws, and then compares the charges with the actual facts in the case, it seems that an exaggerated estimate was made of the Mercers and that no gang of outlaws existed.

The truth seems to be that Henry and Celia Ann Mercer were decent, hardworking people who came to Decatur County in 1878 with a family of five sons and several daughters. (The oldest son remained in Missouri.) They had little else. Even at the height of feeling against the Mercers, no charges were brought against Henry Mercer, his sons Ephraim and Henry nor the much younger son Sherman. As for the oldest brother, Canada, he seems to have come willingly to Leon to testify after his brothers were shot down by a Christian County, Missouri, posse.

As to redhaired, hot tempered Hiram and blackhaired, black-eyed Valentine, Hiram was being arrested on a complaint that he had used insulting language.

Valentine tired to rescue his brother and fired at the Marshall. In the gun battle that followed a man died and three were injured. On December seventh a posse killed Valentine and Hiram who had escaped to Missouri.

Sheriff A. J. Allen and E. J. Sankey, who had arranged for the posse and returned to Leon, went to Missouri and brought their bodies back to Leon where the open coffins were propped against the courthouse to be viewed. A hearing was held and Celia Ann and her husband brought to Leon to identify their sons. Red-haired Hiram and Valentine of the black eyes are buried somewhere in the Leon Cemetery.

On Dec 14, E. J. Sankey claimed and was paid the $1000 offered for "the capture of the Mercer brothers, dead or alive." So ended the so-called "Mercer gang."
 
 
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