Polk County IA Archives History - Books .....Crimes 1898 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ia/iafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Joy Fisher sdgenweb@yahoo.com April 14, 2006, 9:17 pm Book Title: Annals Of Polk County, Iowa And City Of Des Moines CHAPTER XXII. CRIMES. DURING the first years of the history of the section of country now comprising Polk county, there may have been some murders or at least manslaughters committed, by or among the Indians, but of these we have no record, nor were any of them taken notice of judicially by the courts. At first military law was supreme and there was little appeal from the summary judgment of the U. S. officer in command of the post. There were then no writ of habeas corpus or jury trials. The legal machinery of courts, attorneys, sheriffs, etc., were not at first in operation in this county, and after they were established the people themselves were sometimes prone to administer in their own summary manner what they regarded as justice if not law. THE REEVES MOB. In the early days of the country occurred what was known as "the Reeves mob," and caused considerable excitement in town and country. A family by the name of Reeves had settled at Linn Grove on North River, and were soon suspected and afterwards openly charged with being connected with horse thieves and other criminals, who more or less disturbed a peaceful and generally honest community at that early day. The settlers may not have had legal proof of the guilt of the Reeves family, but they became fully satisfied as to their bad character, and they promptly decided to drive them from the community in which their presence was not desired. Accordingly a large number of the settlers gathered together and going to the Reeves home ordered the obnoxious family to leave the country forthwith, and also stating that a failure upon their part to depart as told would bring upon them certain and severe punishment. The Reeves understood this gentle hint, and immediately left, but to the dissatisfaction of the settlers located in Fort Des Moines, where the citizens, much as they desired an increase in population, did not give them a very hearty reception. The male portion of the Reeves family consisted of two old men and several grown sons. Not long after settling in Des Moines one of the young Reeves managed to get into a difficulty with and shot and seriously wounded a man named Phipps. Reeves was arrested, examined, held to the district court, and for safe keeping placed in the jail at Oskaloosa, there being no jail in Polk County at that time. This again aroused the ire of the settlers on North river and thereabouts, and they became satisfied that the safety of themselves and their property required that the whole Reeves brood should not only be driven from the county, but also from the State. These settlers made up a company of some sixty men, all armed, and determined to march upon Des Moines and there capture and finally dispose of the Reeves family. Some idle threats may have been made at the people at the Fort for having harbored the Reeves family, and a few of the citizens became somewhat alarmed upon hearing it was the intention of the North river army to "clean out the town." Colonel Baker and a few other citizens were alarmed at the wild reports of the savage intentions of the people of North river, and they started out to muster up enough fighting men to save the Fort from "capture, sack and pillage." Scouts were sent out to reconnoitre the foe and other war like preparations were made. But many of the citizens were not alarmed at all of this bluster. They were well acquainted with the North river settlers and knew they had no such sanguinary intentions as wild rumor charged them with. It was known the Reeves family were the only ones that were in any danger, and they were not loved while present and would not be mourned when absent. In about one week after the reports had commenced to circulate, and the morning after the shooting of Phipps, the North river men appeared in the timber near the mouth of the Raccoon river. They sent two men across to find out exactly where the Reeves family were domiciled, and also to ascertain if the citizens of the Fort would make any resistance. These scouts located the sought for Reeves in a house on the outskirts of the town and reported that Colonel Baker and his command were about to lay down their arms while they ate their dinners, and the citizens generally cared little what they done with the Reeves family. They didn't claim them or want them and would not protect them. Forward was the order and the North river troops fording the 'Coon dashed through the town in single file on a gallop, and in a few minutes had the Reeves home surrounded. One of them, Presly, seeing the armed horsemen coming, sought safety in flight across the fields and through the "jimson," but he was soon headed off and captured. The entire family was notified they must leave the State this time, and not stand upon the order of their going, but go at once. Their team was soon hitched to the wagon, their household goods piled in the latter, and the line of march was soon taken towards the south. There was no resistance save in talk on the part of the Reeves family, Colonel Baker's force, or the citizens generally. The thus exiled family was escorted by some of the rangers many miles on the way to Missouri, and there left with orders to get within the boundaries of the State as soon as possible. These orders were obeyed, and Iowa lost and Missouri gained not a very desirable but numerous family. Cameron Reeves, who shot Phipps, remained in jail at Oskaloosa for some time. Then Judge George G. Wright, then of Keosauqua, but for many years a prominent resident of Des Moines, was employed by Reeves to defend him from the charge made. P. M. Casady was the prosecuting attorney, through whose cool judgment and prompt action Reeves had been saved from summary punishment in the court of judge lynch. Phipps having made an assault upon Reeves with a big stone prior to the shooting, it was more than probable the shooting could be justified under the plea of self-defence, and all the other members of the Reeves family having been banished, Mr. Casady under the circumstances wisely determined to make no resistance to the discharge under the writ of habeas corpus of Cameron Reeves, provided the latter would bind himself to never return to Polk County. The pledge was cheerfully given, and Reeves was released. These Reeves were descended from a noted Virginian family of that name. This branch had run down, but afterwards made advances in the right direction. They all had ability. The trouble was to give it the right direction. In later years this same Cameron Reeves became a prominent citizen of Omaha, and was sheriff of the county for several years. A. D. Jones, who laid out the original town of Fort Des Moines, married his sister. EARLY KILLING AT LAFAYETTE. One of the early murders occurring in the county happened near the small village of Lafayette in May, 1852, and for a time caused much excitement among the early settlers. Two men living in that neighborhood, by the names of Collins and Atkins, excited by a too free indulgence in the whisky of that day, got into a fight. Collins threw Atkins to the ground and then beat him so severely with his fists that he, Atkins, died in a few hours thereafter. Collins was arrested for his criminal act, but in some way not explained managed to escape from custody and fled the country. What finally became of him is not known to the historian. FOUTS KILLS HIS WIFE. The first murder in the county, of which we have any judicial record, occurred in August, 1854, and that was the worst of all murders—that of a wife by her husband. Pleasant Fouts and his wife for some time previous had lived on a farm of their own in Jefferson township, in this county. They had a family of several children. There had been more or less trouble between the husband and wife, and finally a separation was agreed upon—Fouts to go further west and there remain. He went according to the agreement, and remained away for some time, but becoming dissatisfied returned to his former home and besought his wife to again live with him. To this she finally consented. Before going west the house had been rented, and Fouts could not again obtain possession until the tenant's term was out, and it would be some time before this would occur. In the meantime, he and his wife made their home in a tent a short distance from their house. From some cause their former troubles must have been renewed, for on the evening of August 9, 1854, Fouts returned shortly after dark to the tent where his wife was busily engaged in the ordinary household work, and rushing upon, seized and stabbed her with a knife. She screamed, and breaking away from her murderous husband, sought safety and help from the house near by. She rushed against the door, bursting it open, and fell to the floor. Fouts soon appeared there, claiming he had been attracted by the cries of his wife, and that he had rushed to her defense, and was admitted. He came in stained with her blood, and with the knife in his hand. No sooner had he gained admission than he again attacked his wounded wife with bloody fiendishness, and before he could be prevented, finally cut her throat. The poor woman died in a short time in the care of the horror-stricken women of the house. After the completion of his horrible work, Fouts fled from the scene, in an effort to escape the consequences of his crime. But in a short time he was arrested, and in the custody of W. H. McHenry, subsequently district judge, and then sheriff of the county. He was taken to the log jail at Des Moines, and strongly guarded to prevent his escape and also to prevent the shocked and indignant people from taking the law into their own hands, and executing swift judgment upon the guilty wretch. He employed three leaders of the bar in his defense, Attorneys Parish, Bates and Finch, and when arraigned for trial before Judge McFarland in October, 1854, entered a plea of not guilty. To save him from the death penalty his attorneys applied for and obtained a change of venue to Jasper County. When the cause was called there his attorneys, fearful of the judicial wrath of Judge McFarland, asked for another change of venue to Warren County, which was then in another judicial district, presided over by Judge Townsend. This change was granted. At the following term of court in Warren County, Fouts was placed on trial for his life. The prosecution was in the hands of Barlow Granger, Prosecuting Attorney of Polk County, and Lewis Todhunter of Warren. The attorneys for the defense, able and alert tried every resource to save the life of their client, but after a lengthy and exciting trial, the jury returned a verdict of murder in the first degree. Judge Townsend promptly overruled a motion for a new trial, holding that the finding of the jury was fully sustained by the facts proven, and duly sentenced Fonts "to be hung by the neck until he was dead, and that the execution of the said defendant take place at some public and convenient place within one mile of the town of Indianola, within the county of Warren, on the 15th day of December, 1854, at 1 o'clock, p. m., of said day." The convicted murderer was remanded to the custody of Sheriff McHenry, and his attorney appealed his cause to the Supreme Court, and this court finally decided that he could not be convicted of murder under the indictment. Several other errors were pointed out but at last by agreement, Fouts was convicted of murder in the second degree, and sentenced to imprisonment for life. Sheriff McHenry had charge of Fouts from the time of his arrest, and in illustration of the manner in which the death penalty and imprisonment for life are regarded by murderers, says that while in the coach on his way to Iowa City, then the capitol, during all the fun and jollity then so prevalent in a coach load of passengers, Fouts never smiled or in any degree relaxed in his solemnity of face and manner. He then was under sentence of death. In the coach from Iowa City to Fort Madison, Fouts was apparently the jolliest and most happy man in the coach. Then the sentence of death had been commuted and he was on his way to the penitentiary where he was to be imprisoned during the remainder of his life. The first convicted murderer of Polk County remained in the penitentiary until some time about the year 1877, when death released him from all earthly imprisonment, after having been in confinement for a long period of twenty-three years. After his death, his two daughters, who were then living in the State of Kansas, applied for a settlement of his estate. During all this time it had been in the honest hands of William Ashworth, and this gentleman, under order of court, made a final settlement and remitted the proceeds to the daughters. THE HAMLINS. In the summer of 1848 there was much excitement in the eastern portion of the county over the supposed murder of a man named Knisely, who had lived on Indian creek immediately east of the county line. Knisely was a German who did not mingle much with his neighbors. He suddenly disappeared about this time, and his whereabouts were unknown. Two brothers named Hamlin, whose reputations were not of the best, lived near Knisely's cabin, and being questioned as to Knisely's disappearance gave what were considered evasive answers. They were also insolent to questioners. The result was that soon every one in the neighborhood suspected the Hamlins had murdered and robbed the missing Knisely. The Skunk river was dragged and searched, but no body was found. Finally a mob of settlers gathered and capturing the Hamlins, took them to the woods. There they were suspended by the thumbs and hanged by the neck, but no confession of guilt could be extorted from them. Finally, at the suggestion of the more law-abiding citizens present the Hamlins were turned over to the officers of the law and taken to the Oskaloosa jail for safe-keeping. The Hamlins employed as their attorney the noted Enoch W. Eastman, afterwards Lieutenant Governor. He at once set to work making an investigation, and the result was that during the progress of the trial a brother of the supposed murdered man, came from his home in Missouri to testify that his brother, the supposed victim, had gone to California, where he then was a very live man, so far as he knew. The Hamlins were discharged from custody, but for years afterwards many of those in that neighborhood firmly believed that Knisely had been murdered and the Hamlins were guilty of the crime. SQUIRE MEACHAM'S ARRESTS. Among the noted of the first settlers was William H. Meacham, who for some years was prominent in the history of the town and county. He was justice of the peace and for several years a county commissioner, and also became noted for his energy, untiring zeal and undoubted courage in running down and capturing or driving out of the county horse and other thieves, who generally infest all newly settled communities and countries. But sickness and other causes had their effect upon him, and in his later years he became almost a monomaniac in his pursuit of those whom, in his mind, he regarded as guilty of crime. An instance may be given. In the winter of 1856-57 a horrible murder had been committed on or near a public road in Poweshiek County, and some parties then residing in Camp Township in this county were suspected of being connected with this crime. The excitement was naturally great and liberal rewards were offered by the State and county for the arrest of the perpetrators of the horrid crime. Every suspected person was closely watched. These facts stirred up the fitful energies of "Squire Meacham," and after a time his suspicions rested upon one Van Shoich, who was a son-in-law in the then notorious Ridgway family, living in Camp Township. Meacham, with an armed party, made a sudden descent upon the supposed guilty parties. Van Shoich was seized, chained, and by Meacham and his assitants taken to Poweshiek County, and delivered over to the legal authorities. After an investigation it was decided that Van Shoich was not the man wanted and he was discharged from custody. A short time after this Meacham claimed to have received further evidence of their guilt, and with a few others went to their home and again arrested Van Shoich and also his father-in-law, Ridgway. They were hurried into a sleigh, being threatened with sudden death if they resisted, and again started on their way to Poweshiek County. The weather was intensely cold, the roads much blocked, and it was finally determined to bring the men to Des Moines, and here they were brought by Meacham and surrendered to the sheriff. He really had no testimony against them, and they were again discharged by the magistrate. They commenced an action against Meacham for kidnapping, but the condition of his mind was known to the court, and he was acquitted of the charge. And yet Squire Meacham was getting close to the truth. Another son-in-law of Ridgway, one Thomas, or "Come-Quick," as he was called, was afterwards arrested, charged with this murder and hanged by a Poweshiek County mob. Of this more is given in another place. EARLY JUSTICE. This brings to memory another matter in which this same Ridgway was prominently concerned. In the spring of 1857 this Isaac Ridgway came to Des Moines and going before the late Judge W. H. McHenry, then mayor, told a story of how a large number of men on horseback had come to his home in Camp Township and in decided language ordered him to pack up his movables inside of five or ten days and leave the country. They informed him that they were very tired having him and his gang around, and they must go. Ridgway swore he was afraid of being killed by them and demanded warrants for their arrest. The warrants were issued and some eight or ten of the best citizens of Camp Township were brought to Des Monies. After a hearing before the mayor, held in the old court house, and it was shown they had given Ridgway the pressing invitation to leave the country, the mayor decided that under the circumstances, he would not hold them to the District Court, and they were discharged. Then they turned the tables on Ridgway, and had him arrested and charged with committing perjury in their trial. The writer was then a justice of the peace, and he was called upon to examine, as magistrate, the charge against Ridgway. There was some strong swearing all around during this examination. The justice finally decided that there was probable cause enough to hold Ridgway for perjury to the District Court. The Camp Township men were jubilant over this finding. But when the justice turned to them and administered a severe lecture for their unlawful conduct in acting under mob law when they ordered Ridgway out of the country, they were mad and the high popularity of that justice immediately sank many degrees below zero. The trial closed late in the evening, and Ridgway begged not to be sent to jail, and stated that if the constable would go with him on the next day to his home, he would there furnish good security for his appearance at court. This was agreed to and Ridgway and the constable passed the night at the leading hotel. In the morning the justice privately instructed the constable not to let any good man sign the bond through sympathy, but to get as many as possible of the Ridgways and their connections to sign it, and then turn the prisoner loose. This was done, and the bond was approved and sent to the District Court. The result was as anticipated. Before the cause was again called in court, Ridgway, his family and most of his connections, had departed from Polk County, and were then blessing Missouri and Kansas. Thus was Ridgway banished from Polk County, in due accordance with law, and that justice's popularity arose several degrees in the estimation of the good people of Camp Township. MURDER AND SUICIDE. In the spring of 1858 a murder was committed within the corporate limits of Des Moines, and immediately followed by the suicide of the murderer. All the persons directly concerned in the tragedy were of English birth and parentage. A young Englishman by the name of Charles Rosseter had been for some time paying attention to Miss King, a young lady of English birth, whose parents then resided on the Peet property, then well out towards the northern limits of the city. Rosseter had become dissipated and reckless, and if there had ever been any engagement between Miss King and him it had been annulled by his own misconduct. At the same time there resided in Des Moines another young Englishman, named James Chandler. He was one of the best of men, honest, cheerful and industrious, a steady worker, and at the same time fond of hunting and other sports, and popular with all men who knew him. James Chandler was intimate with the King family, and on a pleasant Sunday evening accompanied Miss King to church services. While upon their return and when they were walking along the road on the hill near where Rutherford Chapel then stood, suddenly and stealthily behind them came Charles Rosseter. He was crazed with drink and jealousy, and armed with a shotgun. Without any warning he raised his gun and fired a charge of large shot into the back of Chandler. Miss King, frightened into wild terror, ran rapidly up the road when he fired another shot at her and she fell in the road, but fortunately not seriously injured by the shot. Chandler was killed instantly, shot through the heart, he probably never realizing what the trouble was. Then Rosseter, after gazing upon the tragic scene before him, and supposing that Miss King was also his victim, reloaded his gun and with desperate suicidal intent fired a heavy charge into his own body. His aim was not as true as when directed towards Chandler, and his wounds, though terrible, were not immediately fatal. The shots and the cries soon brought help, and notice was at once sent to the writer, who with others, hastened to the scene. Miss King had been removed to her home, and it was soon learned that her injuries were not fatal. Chandler lay as he had been shot, a pleasant smile playing, as it were, over his features. His happy look in life had become fixed in death. The murderer had been removed to a rough cabin near by, where he lay moaning while the doctors examined his wounds and pronounced them mortal. Then the dying man, in piteous tones, appealed to Rev. Dr. Peet, who was intimately acquainted with all the parties, to know if there was any hope for him in the great hereafter. The good doctor, wrought up as he was by the death of one friend and the attempted murder of another, could not give the dying man those assurances he now so much desired. The murderer and suicide lingered and suffered terribly in mind and body for some hours, when death came to his relief, and he followed his victim before the bar of God, there, and not before the courts of the earth, to answer for his crime. His dead body was laid in the ground followed by much more anger than sorrow. Many sorrowing friends surrounded the burial place of genial "Jimmy" Chandler and deeply mourned his untimely and cruel end. Miss King in time fully recovered and subsequently became the wife of one of the prominent citizens of Des Moines. CURIOUS FATALITY. And this murder of Chandler calls up the somewhat sad history of five young Englishmen, who in the latter part of the fifties resided in Des Moines, and were much thrown together, and often hunted and fished, with each other. Of the deaths of Chandler and Rosseter an account has been given. Another one of the five, W. J. Payne, on the Fourth of July, was handling his gun, when it in some manner was discharged, the shot entering his head and causing instant death. James Gaut was another of the five. He was also an indefatigable hunter, and one day while hunting on the ice was killed by the accidental discharge of his gun. John H. Watson was another, who enlisted in the Second Iowa Infantry, was Gen. Crocker's orderly and went with him to the Thirteenth Iowa Infantry. He was afterwards commissioned a second lieutenant, was wounded at the battle of Shiloh and died three days afterwards. All five of these voung Englishmen died in the space of less than five years from gunshot wounds. KILLING OF SMITH. Aaron Smith, one of the early settlers of Polk County, in the spring of 1SG4, was shot while driving along a road leading from Saylorville to Polk City, near the township line between Saylor and Crocker Townships. The ball, which was evidently fired from a rifle, entered Smith's back, making a fatal wound. Smith lived but a short time, but before he died stated the fatal shot had been fired by his nephew, C. C. Howard, and that he had fired at him from the brush by the side of the road, and that he had seen the accused, Howard, trying to make his escape immediately after the shot was fired. The neighbors made a search for young Howard, and he was found at a house some four miles distant from where the shot was fired. At a preliminary examination young Howard was bound over for trial in the District Court. As the Howard family was among the first settlers and well known in the county, and the Smiths also not unknown, the trial in court was watched with much interest, and was earnestly fought. Attorneys Polk, Dorr and Bartle appeared for the prosecution, and Dan O. Finch and Stephen Sibley for the defense. There was no positive proof against Howard, except the dying statement of Smith, and this was much weakened by occurrences prior to the shooting. Young Howard, the defendant, was a son of Robert Howard, who was a brother-in-law to Aaron Smith. The previous year Smith's unmarried daughter gave birth to a child which she alleged was the child of her own father, and Smith was arrested upon the charge of incest. Smith was arraigned in March, 1874, upon this charge, "but his daughter then refusing to testify he was acquitted of the charge. He blamed the Howards for urging on this prosecution, and there was had blood between the parties. Shortly after Smith was acquitted he and the elder Howard had a dispute about some cattle, and as Smith was about to strike his father young Howard rushed to his rescue. Whereupon Smith stabbed young Howard in the abdomen with a knife. The wound was a serious one, but not fatal, and not long after this Smith was shot and died, as previously stated. The trial of young Howard for the murder of Smith occupied the attention of the court for a number of days, and attracted much attention and interest. The jury finally returned a verdict of not guilty, and Howard was at once discharged from custody. He afterwards removed to Des Moines, where he lived many years, sustaining an excellent reputation. A " TRUSTY" MURDERER. An incident happening in the latter part of the fifties, though not especially pertaining to Polk County, may be worth noting. The man had been convicted in Davis County of murdering his wife by poison and sentenced to suffer death by hanging. His attorneys appealed to the Supreme Court, and Sheriff Spaulding, of Polk County, was sent after the prisoner and brought him to Des Moines to appear before the court. This court finally affirmed the proceedings of the lower court, and the sheriff was ordered to return the prisoner to Davis County, to there he executed according to law. Judge Trimble, the well known jurist, had told the sheriff he could trust the prisoner, that he would not attempt to escape; and he was right. When the sheriff was starting back with his prisoner in a buggy, sudden business required he should remain in town an hour or more longer, and in the meantime he left the prisoner in the Journal newspaper office in charge of the writer. The prisoner was invited to take a chair and look over the newspapers. He sat quietly reading, when the writer was also suddenly called down town on business. He went, and forgot all about the prisoner for a half hour or more, when he remembered his charge and hastened back to see what had become of him. He found him there all right and felt relieved, but learned afterwards he made some inquiries of the printers, who supposed he was a personal friend of the sheriff and the editor, and the prisoner had then walked quietly down the stairs and out on the street. After an absence of some time he returned and took a seat. The printers were much astonished when told this quiet man was a convicted murderer, whom the sheriff was taking on his way to the gallows. He went peaceably with the sheriff to Davis County, where he was afterwards hanged, in accordance with the sentence of the courts. SQUIRE MORRIS' STORY. Squire Absolam Morris, so well known in Des Moines in years past, delighted to tell a story on Stephen V. White, then a lawyer of Des Moines, and a later prominent broker and financier in New York City. Sheriff Spaulding was taking a prisoner to the Fort Madison penitentiary who had been convicted in the State courts of counterfeiting or passing base coin. White was going east, and to save expenses was appointed a guard by the sheriff. Upon arriving at Pella, and while dinner was being prepared, the sheriff went out in town, leaving the prisoner in charge of White. The prisoner, who was a bright, talkative man, immediately commenced an argument, raising the legal point that the State courts had no jurisdiction in his case, and he should have been placed on trial in the United States Court. The rascal made a plausible argument and soon had White deeply absorbed in considering the legal points involved. Finally, stepping to the door, the prisoner politely said, "Mr. White, I know you are a lawyer, and a good one, and that you are impressed with the legal points I have raised. Think them over and hereafter we will discuss them. Good day." And out the prisoner walked, and was soon making tracks through an extensive cornfield near by. White continued in deep meditation, until the arrival of the sheriff and the hasty query: "Where is the prisoner?" made him instantly see the point the prisoner was aiming at. The sheriff and White, after a hard afternoon's work, and with the assistance of many citizens and farmers, late in the evening captured the argumentative rascal some five or six miles from Pella. White became absorbed in no more legal arguments until after the prisoner was safely inside the walls of the penitentiary. MARSH KILLS KING. Among the exciting crimes in the early history of Des Moines was the killing of King by A. N. Marsh, then marshal of the young city. This occurred in 1862. Marsh had been a resident of the town for a number of years, was a native of Kentucky and had served in the cavalry battalion from that State in the Mexican war. He was an enterprising, trading man, and had accumulated, some wealth in real estate, and owned the lots upon which Central Presbyterian Church now stands. He had a fair reputation, but was known to be a man of strong passions and fearless nature. Even his friends feared his hasty temper might get him into trouble while city marshal. King was an Irishman, of splendid physique, and while a little prone to be quarrelsome at times, had many friends. He and Marsh had gotten into a difficulty over the impounding of some pigs belonging to King, and met at the Sherman building. Marsh had arrested King, or at least was going with him to the office of Mayor Thomas Cavanaugh, on the third floor of the building. On the second flight of stairs King struck at Marsh, or in some manner resisted him, and after a short scuffle, Marshal Marsh drew a knife and gave King a fatal stab. The dying man staggered up the stairs and entering the office of the mayor fell to the floor and died in a short time. Marsh, seeing his victim was a dying man, descended to the street at once, walked rapidly towards his home, some eight or ten squares distant, and soon from there took his flight to parts unknown. All this had happened so quickly that before the facts of the tragedy were known to the citizens generally Marsh had disappeared. The people were much aroused, and especially the hot-blooded and warm-hearted Irish friends of the murdered man. Threats were made of summary vengeance to be wrought upon the murderer, and parties were soon in eager pursuit of him. At the same time his pursuers knowing how desperate Marsh might be under the circumstances, acted with more or less prudence in their hunt. He was not found or captured, though for several days reports were circulated he had been seen in or near the town. King's body was duly buried, and it was soon known Marsh had left the county and State, but where he had gone remained generally unknown. The remembrance of this murder was passing away, as the years went by, when the people were again excited by the news that Marsh had been located. Tallmadge E. Brown, a noted lawyer and capitalist of Des Moines, had visited Texas on a speculative mission and had there encountered the missing Marsh. It was stated the latter had laid plans with associates to rob if not murder Brown, who carried with him a large amount of money. In this he aroused the wrong man. Brown was a resolute man of abundant nerve, and he determined to hunt the hunter. This he did so effectually that Marsh was captured and turned over to the Texas authorities until the arrival of the Iowa authorities to bring him back here to answer for the killing of King. In due time Sheriff McCalla, of this county, was sent to Texas for the prisoner, and took with him Jonathan Stutsman as an assistant. They proceeded to Texas, secured Marsh, and started by a gulf steamer to New Orleans. When the steamer arrived at the latter port Marsh was not with them. In explanation they stated that while coming from the mouth of the Mississippi, Marsh, who had repeatedly said he would never return alive to Des Moines, had suddenly sprung from the deck of the steamer into the turbid waters of the broad and swiftly flowing river. They said that he was heavily ironed at the time, and must have gone down to a speedy death. They brought with them some of his possessions, etc., and, though a few doubted, it was generally believed this was the earthly end of Marsh, murderer and suicide. Before many months, however, it was known that if Marsh had thrown himself heavily ironed into the Mississippi River, his life through some miraculous means had been saved. He was certainly very much alive and free. James F. Kemp, a well known citizen of Des Moines while temporarily stopping in New Orleans, on his way to Texas, there met and talked with Marsh, whom he had known in Des Moines. Marsh told him he had been or was then chiefly engaged in dealing in Texas cattle. Other Des Moines men at other times had seen or heard of Marsh, but no steps were again taken to bring him to justice for his crime committed in this city. No one here now knows where he is or whether living or dead. PEACEABLE NEGRO KILLED. An unprovoked murder was committed in 1864, on Walnut street, between Second and Third, in front of Ensign's livery stable. The site of this is now occupied by a brick building recently erected by Dr. W. H. Dickinson. At that time a number of the soldiers of the Tenth Iowa Infantry were at home on veteran furlough. One of these soldiers, named McRoberts, became drunk, and after threatening to shoot S. A. Robertson, who fortunately escaped his crazy wrath, hailed a quiet, peaceable colored man, named Brown, who happened to be passing along the sidewalk. The negro halted, when the soldier fired a pistol and his victim fell, dying almost instantly. The murderer was afterwards arrested and placed in jail. But he was never placed on trial, found guilty and hung, as he should have been. He escaped or was quietly released and hurried off to the army, then in the field. After the close of the war and his discharge from the army, it is said, the reckless murderer visited Des Moines, and no effort was made to apprehend him. The man he wantonly murdered had been long buried and forgotten. TURBULENT NEGRO KILLED. In 1875, a young Irishman named McNerney was a member of the city police. He was a prompt and efficient officer, quiet and gentlemanly in his conduct. One night there was a disturbance on Third street, near Walnut, and Officer McNerney endeavored to quiet the same. One of the worst men in the row was a negro, whom the officer attempted to arrest. The negro resisted and assaulted the officer. To save himself the latter drew a pistol and fired at the negro. The wound proved fatal. Officer McNerney promptly surrendered himself to the law, and some time after, by a close vote, was indicted by the grand jury. His trial took place in the District Court before Judge Leonard. In defense it was plead that under the circumstances he did right in shooting and that the killing of the negro was justifiable homicide. The court and jury took this view of it, and the defendant was promptly acquitted. McNerney remained some time on the police force, but took a great distaste to it and finally engaged in other pursuits. He continued brooding over the unfortunate killing of the negro until his mind became so affected he was pronounced insane and sent to one of the State hospitals. He could not be cured, and pined away and died. THE DISAPPEARANCE OF JACK HINER. A simple story of Polk County, and yet ending in a tragedy. The disappearance from this earth of one man in the very prime of vigorous life, causing grief to a few, and no doubt a lifelong regret to others who, outside of and in direct violation of the law, human and divine, took upon themselves voluntarily the heavy responsibility of taking the life of their fellow man. The victim has been dead for many years, his grave has remained unknown to all save the comparatively few who know whether or not his body ever had burial, and a majority of these have since died natural deaths, had proper graves made for their bodies, were buried and wept and mourned over by relatives and friends, and, if we are to believe in divine revelation, have been or will be called upon to answer for the deed performed upon that dark night of years ago. It is not for us to say or even surmise as to the judgment of the Great Jehovah in this matter. Among the early settlers of this section was one Jack Hiner, who became well known to a large majority of the limited number of citizens then dwelling in the neighborhood of the Raccoon fork of the Des Moines River. He was a splendid specimen of physical manhood and especially in his youth would have been called handsome. His education was limited and his morals it must be admitted were not of the best. He drank, perhaps gambled to some extent, and yet he was even tempered and never regarded as a naturally vicious man. He, however, was not a hypocrite. He made no special pretensions to goodness. He was something of that class of men called "never-do-wells." He was not regarded as particularly lazy, for at times he would work, and work hard and diligently. There were stories about at times of his having some connection with horse and other thieves, who were then hunted down without much mercy by angry honest settlers, but it does not appear that it was clearly proven that Jack Hiner ever stole a horse or any other plunder, or aided others in doing this. Rumor and report may have said he was guilty. That he had perhaps done that which is now called "boot-legging" may be true. He may have also had with him in his travels through the country and to neighboring towns, some women who were not exactly like Caesar wished his wife to be, above suspicion. This all was bad enough, but Jack Hiner only a short time before his disappearance when cautioned by the writer as to what might and did happen, solemnly asserted that, bad in some respects as he may have been, he had never stolen a horse or any other thing or aided others in perpetrating or hiding thefts, and the writer believed and advised him accordingly. Jack said then he did not believe those who knew him would ever do him grievous harm. He seemed perfectly confident of this. A short time after this Jack Hiner was arrested, charged at the time with stealing some harness and other property. The vigilance clubs or associations of Allen Township and of Four Mile and adjoining neighborhoods were somewhat excited at the time. There had been a number of petty depredations of late, and the conclusion became fixed in the minds of many that a summary stop must be put to it. Hiner, when arrested, was taken before F. K. Prentice, a highly esteemed old settler who then resided a few miles east of the Capitol and was a justice of the peace. The late Hiram Y. Smith, who had then just commenced the practice of law, appeared as attorney for the defense of Hiner. Witnesses were examined as the trial proceeded, but no legal proof of the defendant's guilt was forthcoming, and as night came on the justice was forced to discharge Hiner from custody. At the trial a number of neighboring farmers and others from a distance had gathered together, and much more than the usual whisperings and private consultations had been going on during the trial. The result of this was immediately seen when the justice discharged Hiner from legal arrest. He was at once taken in charge by a number of resolute men. Young Attorney Smith's horse was ordered out and he was quietly but firmly told to mount and make his way to his home in Des Moines as speedily as possible. Neither his legal services nor his presence were any longer desired at that time in that neighborhood. It was useless for him to resist. He could not save his client. These men had the power and the will to exercise it. What followed has never been clearly told, at least publicly. Hiner was taken to the Four Mile timber. He began to realize his danger, and yet it is said he faced it manfully. He protested his innocence to the last, made no threats, and as was but natural plead for his life, even if this entailed banishment from home and country. A well known citizen then, and now living on the south side of the river is said to have made the greatest speech of his life on this occasion. He has made not a few political speeches and has been a candidate for high office, but no speech like this. He plead out of the generosity of his heart for mercy to be shown to the victim then within the dread shadow of death. As he so plead the eyes of poor Jack Hiner were fixed upon him at times with the wild glitter of hope and again with the blankness of despair. He was pleading for a life. And years afterwards those eyes would ever and anon haunt his memory day and night His pleading was unavailing. He withdrew from all further connection with the swift coming tragedy, and Hiner saw with sinking heart his last hope for mercy depart. Another prominent citizen, recently deceased, in a few emphatic words, denounced the whole affair and departed, as did several others from the scene. What followed has never been told, save perhaps when the actors in this tragic scene in days and nights thereafter whispered of it to each other. That Hiner died that« dark night there is no doubt. A rope was taken from the well on the farm of N. J. Miller, now superintendent of mails in the Des Moines postoffice, and it was generally supposed it was utilized for the purpose of choking the life out of poor Jack Hiner. On that dark night that dark deed was committed within a few miles and now within sight of the gold-gilded dome of the Capitol of the State, where laws for the government and protection of all citizens of the State are made and where sit the Supreme Judges of the law. There was Jack Hiner "lynched," or murdered, as each may see fit to call it. His widow sought in vain for knowledge of his burial place. Reports were started that he had suddenly left the country, and again that his dead body had been found, and later that human bones, supposed to be his remains, had been seen in a hollow log where he was known to have been taken when alive, or that his bones had at last been found partly covered with sand and gravel in the river bed some distance below the mouth of Four Mile Creek. But none of these stories were ever verified; Jack Hiner's grave remains unknown. Many of those supposed to have been present when the tragedy was enacted are now dead, gone to be judged at a higher court; several removed to other sections of the country, and a few yet live in this county. Of one of the supposed principals in this midnight deed it is told that from that time he was apparently pursued by ill fortune. A wealthy farmer he became poor. He tried different countries, but everywhere financial and other misfortunes overtook him; and now he is an aged and broken down man, utterly disappointed and without hope. And yet some of the early settlers and their families to this day at times propound the now old query, "What became of Jack Hiner?" Additional Comments: Extracted from: ANNALS OF POLK COUNTY, IOWA, AND CITY OF DES MOINES BY WILL PORTER. "And this volume, dedicated to its people, sets forth in attractive style all the facts and incidents that go to make up the history of which all citizens are justly proud." —Major Hoyt Sherman. GEO. A. MILLLER PRINTING COMPANY, PRINTERS AND PUBLISHERS, DES MOINES, IOWA, 1898. File at: http://files.usgwarchives.net/ia/polk/history/1898/annalsof/crimes50nms.txt This file has been created by a form at http://www.genrecords.net/iafiles/ File size: 45.8 Kb