Polk County IA Archives History - Books .....Crimes-Train Robbery 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 15, 2006, 2:26 am Book Title: Annals Of Polk County, Iowa And City Of Des Moines CHAPTER XXIII. CRIMES—TRAIN ROBBERY. THERE were never any railroad train robberies in or near Des Moines save the many large and small burglaries and thefts so often made from the cars standing in the yards of the various railroads centering in Des Moines. But at the time when the James and Younger Brothers were engaged in their notorious holding up and robbery of trains, on the night of July 21, 1873, the east bound train on the Rock Island, due at 10:30, failed to arrive on time, and soon after it was reported the train had been ditched and robbed by a gang of masked robbers between Anita and Adair, some sixty miles west of Des Moines. This report caused the greatest excitement in Des Moines and throughout the country. The report was soon found to be true. The spot selected for the crime was then a sparsely settled stretch of country. The first report was that Engineer Rafferty, of the train, had been shot to death by the robbers, but further investigation showed he had been killed by the falling engine when it was ditched. There were at least seven of the robbers and perhaps more. They held possession of the train for some twenty minutes or more, and the trainmen and others present were compelled at the muzzles of pistols to obey the orders of the robbers, who also compelled the passengers to remain closely in the coaches. The object of the attack was doubtless to capture a large amount of money which it was supposed would be in charge of the express messenger on that trip, but this large sum was not there. The robbers secured by their raid some two thousand dollars. After fully satisfying themselves they had all the money in the express car, the robbers mounted their horses and started rapidly towards the south. All the people in the surrounding country were soon aroused, and many at once started in eager pursuit of the robbers, but the latter, without much difficulty, made a safe escape to their haunts in the State of Missouri. THE JOHNSON MURDER. Prior to his death in 1874, there lived in Des Moines for a number of years John Johnson, an Irishman by birth and a tailor by trade. He was a quiet, peaceable man, and had many friends among the citizens of the city and county. One Sunday, morning, June 14, 1874, his dead body was found on Second street, near Walnut, and from the nature of the wounds and other circumstances, it was at once known that Johnson had been foully murdered. This caused naturally a large amount of excitement. Near where the body of Johnson was found and on the opposite side of the street was a notorious house of ill-fame kept by a woman named Annie Groves. She is said to have once been a school teacher and belonged to a respectable family residing in Greene County. She was not regarded as a cruel or vicious woman, though lacking in chastity, but it was known some vicious characters frequented her house. The presumption was strong, and it was generally believed that Johnson had been murdered in her house and that Annie Groves knew much about the murder. Notwithstanding this no arrests were made, and in fact no special investigation had at the time beyond a brief and unsatisfactory coroner's inquest, which developed little beyond the fact that Johnson had undoubtedly been murdered, but by whom was left an open question. The body of Johnson was duly buried. The murder was much discussed for a time, large rewards were offered for the arrest and conviction of the person or persons guilty of the crime, and then in a short time this tragedy appeared to be on the way to the forgotten past. The suspicions of the officers and others had, however, became fixed upon certain parties, and especially upon Annie Groves and certain inmates and frequenters of her house, and active steps were being taken to find evidence which would connect them with the crime. For more than two months this waiting policy was carried on. Finally, on August 28, the citizens were startled by the arrest of Annie Groves and Charles Howard, charged with the murder of Johnson, or complied therein. This Charles Howard had been a resident of Des Moines for some time. He was a young man of rather prepossessing appearance, generally well dressed and quiet in his manners and address. He had been employed in hotels, and at the time of the murder was barkeeper in a saloon on Third street. It had been ascertained that he was a frequenter of Annie Groves' house, and something of a favorite with the mistress. To the surprise of all who knew the parties it had recently been announced that Howard had been married to Annie Groves. As he was much younger than she was and of a more well bred appearance, and the character of Annie being so generally known, this sudden marriage naturally caused much comment. To those on the hunt of the murderer it furnished what they desired, a sure clue. They reasoned that Howard would never have made this marriage but for the fact that Annie had some peculiar hold upon him. What was the hold? Naturally, as Johnson it was almost certain had been killed in Annie Groves' house, it was suspected that Howard had something to do with the murder, and Annie herself was an eye witness or knew of his guilt. She held this knowledge over Howard, and by it compelled him to marry her. She wished to return to her people in Carroll County as a married woman, and here was her opportunity. Be the reasons therefor what they may, they were legally married and in a short time thereafter left Des Moines, openly and in the day time, and went to Carroll County, at or near the place where Annie's relatives resided. Not long after this the officers discovered, through the talk of some of the parties who had been inmates or frequenters of the Groves house and otherwise, sufficient testimony upon which to base the arrest and trial of Howard and his wife for the murder of Johnson. Hugh Brennan, then a police officer and subsequently city solicitor, armed with a warrant started in pursuit of the suspected persons. Without much difficulty they were both found in Greene County, arrested and brought back to Des Moines. Here they were both held for trial in the District Court. Other arrests were made and much excitement was again aroused among the citizens, and even then there was some talk of summary punishment being meted out to the guilty ones at the hands of an enraged people. Among the other parties arrested for complicity in the murder of Johnson was Charles Ricord. He was a young man of good family, being the son of the then mayor of Iowa City. He had, however, become somewhat reckless and dissipated, and while in Des Moines was a frequenter of Annie Groves' house, and an associate of a number of fast young men. Two young women, Vina Wear and Belle Barton, who had been reared in Des Moines, and had "gone to the bad," were also placed under police surveillance. They had been frequenters or inmates also of Annie's house, and it was believed knew much about the murder, having been in the house on that fatal night in July. Howard and his wife remained in the county jail for some time awaiting trial, as at that time this judicial district embraced several counties, and courts were held here only at stated terms. After a delay of some length Howard was placed on trial in the District Court, Hon. Hugh W. Maxwell presiding as judge. Several attorneys appeared in Howard's defence, but there is no doubt that public feeling was much aroused against him, and this probably was not without its effect upon the court and jury. After a lengthy and at times exciting trial the jury returned a verdict of guilty, which was evidently satisfactory to the hundreds present and to the people generally. But they were dissatisfied in that the jury had not fixed the penalty at death. On Monday afternoon, December 14, 1874, Howard was brought before Judge Maxwell for sentence. This was one of the last judicial acts of Judge Maxwell, who was then retiring from the bench. The court. room was crowded with people, anxious to hear and see the closing words and scenes of this exciting drama. Few supposed that it would soon be followed by a tragedy. The convicted murderer, Howard, had shown much nerve and coolness during the entire trial, and he lost none of this during the closing scene in court. In answer to the usual inquiry of the judge, he said he was innocent of the crime for which he had been convicted, that he had not had a fair and impartial trial, and that at some future day his innocence would be proven. In pronouncing sentence upon him, Judge Maxwell was very severe in his words —much more than many thought he was justified in. During the course of his remarks he intimated very plainly that in his judgment the penalty of death would have been the proper one, and concluded by pronouncing upon Howard the sentence of imprisonment in the penitentiary during the term of his natural life. Howard never flinched during this fearful ordeal, and quietly passed with his wife, who had faithfully stood by him during the entire trial, to the prison cells below. The large crowd quietly separated, and though they may have lingered in groups talking of the trial and its incidents, nothing was visible that apparently portended the wild vengeance of a mob which was in so few hours to follow. Dan M. Bringolf was then and had been for some time the sheriff of the county. Not long after Howard's arrest there had been not a little talk of mob violence and something like an attempt at it had been made. In consideration of these reports and actions Sheriff Bringolf had very wisely increased the guard at the jail, which was in the basement of the Court House. Other preparations were made for the protection of the prisoner, and a careful watch was kept over any movements of the people in the city and county which might portend to mischief. It was naturally supposed that now, when Howard had been tried, convicted and sentenced, and on the next morning would be on his way to the penitentiary for life, that all danger of mob law would be at an end; that the people would now be content to allow the law to take its course. The guards, however, were retained at the Court House and jail, and Howard was placed with his wife in a large cell, which was closely guarded, and where it was supposed they would be allowed to pass their last night together in such peace as they could extract from their dark surroundings. That evening the members of the Bar gave Judge Maxwell a farewell supper at the Savery, now Kirkwood, House, and heartily enjoyed themselves with the pleasures of the table, toasts and speeches. Their festivities continued up to about midnight when they adjourned. About this hour a rumor was started that an attempt at illegal vengeance upon Howard might be made, and to the credit of the Bar be it said they almost to a man cheerfully volunteered to arm and defend the supremacy of the law. The sheriff and others immediately started out and search as they did could nfid [sic] no real basis for the rumor, and it was finally set down as one of the idle tales which had previously been placed in circulation, and all went to their homes. Sheriff Bringolf, on leaving the Court House, about 1 a. m. directed the deputy sheriff, jailor and guards not to allow any person or persons to enter the jail upon any pretext whatever and not to deliver the keys to anyone. He then left the officers to discharge their duties, not one of them suspecting the tragedy which was soon to follow. Suddenly between 2 and 3 o'clock in the morning of December 15, 1874, a mob of men, most of them with blackened faces, estimated as numbering one hundred to two hundred, quietly surrounded and entered the Court House and jail, and in a few minutes had overpowered the guard and officers, and were in full possesion. They were determined men and their manner of procedure was thus told by B. Wise, the jailer, in his sworn testimony: "I was awakened about half past two 'oclock by a knock at the door of my bedroom in the basement of the jail; supposed it was a policeman with a prisoner; opened the door and a man drew a hatchet on me; I caught him by the throat; a second man drew a revolver on me; three others clinched and threw me down and tied me; one then put his knee on my breast and pointed a second revolver at my head; the hall was full of men; I was thrown down and tied in my own room. The men demanded my keys or my life; then bound my hands and took the keys from my pocket. The first time they did not get all of them and came back to get the others; did not threaten to hurt me then; all seemed to be large men and handled me lively. They did not speak much; the man who talked to me did so in a very coarse voice. All of them that I saw had blackened faces. They seemed to be stern and were very cool and sober. Did not see Howard as they passed out with him; saw his body afterwards hanging to a lamp post. Always carried the keys in my pocket or kept them under my pillow at night; was asleep when they first came, about 2:30 a. m." Clinton Wise, son of the jailer, who had been on guard for some two months, testified that he was in the sheriff's office when another guard rushed in saying "the mob has come." He rushed out and found the main hail of the Court House filled with men. He managed to slip down the back stairs, but was intercepted by men in the basement. He struggled to get to his father, but the men forced him to go with them and unlock the inside door. He then threw the keys down and ran into the hall. The men pulled him back inside to the women's cell, and learning there were none but women there, they shoved young Wise up to the door of the cell where Howard and his wife were confined. Wise was there ordered to unlock the door, but sturdily refused to do this. Then one of the men unlocked it, and they soon had hold of their victim. Wise says Howard did not make any noise only asking once or twice that he might be given a minute or two of time to say farewell to his wife. Mrs. Howard was screaming, begging for mercy and reproaching the men. A rope was called for and one was brought in and one end of it placed around Howard's neck. He was then hastily dragged from the cell. The doomed man was in this manner dragged up the stairs into the main hall of the Court House, and from there down the front stone steps, and from what is known is supposed to have been stunned if not killed by the brutal dragging over the stone steps and the stone and gravel of the outside walk. There was nothing on him but an undershirt, and his body was much bruised. The mob dragged his body to a lamp post on the northeast corner of the Court House square, and there it was suspended with the rope by the neck, his feet reaching within a short distance of the ground. Then there was yelling by the mob, accompanied by the firing of pistols., guns, etc. Having accomplished their deadly purpose the mob quickly dispersed, going, in separate parties in different directions. Some went down Fifth, while others went down Court avenue, some crossing the Des Moines and others the Raccoon. Not a few of them had horses, which had been left a few blocks away, and these no doubt came from the country. Apparently the whole affair had been carefully planned before hand and was relentlessly carried out to the end. This brutal work of a mob naturally caused intense excitement in town and county. The Register, with true newspaper enterprise, in a few hours after the tragedy had been enacted, published a full account of the same. The body of Howard was taken down in a short time after the mob dispersed and soon a coroner's jury, was empaneled to investigate, under the direction of Dr. A. M. Overman, at the time coroner of the county. The three jurors were: James F. Kemp, Will. Porter and AY. P. Hearty. The demand was such that the body of Howard was placed in a room in the Court House, and during the day thousands of curious men, women and children crowded there to look upon the bruised and dead body. While a few expressed more or less disapprobation of the action of the mob it was noticeable that but little sympathy was expressed in regard to the dead man. Few had any sympathy to extend in that direction. On that day and also on the day following large meetings of the citizens were held at the Court House, at which speeches were made and resolutions were adopted denouncing the action of the mob, and calling for the arrest, conviction and punishment of those who had engaged in this illegal work. And in addition the city and county police officers were urged to greater diligence in the prevention of crime. But at the same time few expected or even hoped that any of the members of the mob would be exposed and punished. The coroner's jury continued its investigation for three days, and while having a well-grounded suspicion as to who some of the guilty men were, at the same time were so baffled by contradictory evidence, etc., that they could not, much as they may have desired, name any of the men with the assurance that the proof thereafter would sustain the charge. They finally returned the following verdict: An inquisition held at Des Moines, Polk County, Iowa, on the fifteenth to the eighteenth days of December 1874, before A. M. Overman, coroner of said county on the body of-Charles Howard Nelson, then lying dead by the jurors, whose names are hereto subscribed. The said jurors, upon their oaths, do say: That the said Charles Howard Nelson came to his death on the fifteenth day of December, by being dragged and hung by the neck until he was dead, by the hands of some persons to us unknown, acting as a mob; and that the same was done feloniously. In testimony whereof the said jurors have hereunto s*et their hands the day and year aforesaid. WILL PORTER, W. P. HEARTY, JAMES F. KEMP. Approved: A. M. OVERMAN, Coroner. No real effort was afterwards made to discover and punish members of the mob, and it must be confessed that for some time thereafter the hanging of Howard had a very salutary effect upon the roughs of the city and county. They feared they might meet with the same swift punishment. The writer was a member of a subsequent grand jury, then composed of fifteen members, and charged with the investigation of the Howard lynching. One day members were joking each other about having been with the mob, when some one suggested they each and all take an oath that they had not been members of that mob. Immediately nearly all raised a hand to take the oath, when the writer quietly but pointedly whispered to one of the jurors: "You can't take that oath." Quickly his face paled and flushed and his hand dropped to his side. The oath was not taken, and the writer was then convinced of the truth of what he had before suspected, that one or more of the grand jury had been active participants in the Howard mob. This grand jury reported no facts or indictments, and the Howard lynching passed into history, without any of the participants therein ever being known to the public. The mob and its action was long, a disgrace to the city and county, and was felt to be such by most of the best citizens, though it may have been not altogether without its compensation. Charles Ricord, indicted for complicity in the murder of Howard, was after considerable delay placed on trial in the District Court, and after a legal struggle of some length was acquitted by the jury. The main counsel in his defense was Judge Sam H. Fairall, of Iowa City. George Jamieson, another young man who was also connected with the crime, was also let go free. Annie Groves or Mrs. Howard was also, after a time, discharged from custody. Vina Wear and Belle Barton, the young women who were occupants of Annie Groves' house at the time of the murder, and knew nearly all about it, were also allowed to go free. In a short time afterward Vina Wear married Charles Ricord, and went to live with her husband at Iowa City, his old home. Not many months after it was announced she had died very suddenly, and under somewhat suspicious circumstances. Belle Barton married George Jamieson, and they took up their residence in Omaha, Neb. She, too, died suddenly. There may be no foundation in fact for it, but the belief was general among those more or less familiar with the circumstances, that both of these young women were foully dealt with, and that their deaths were the result of the knowledge they had concerning the murder of Johnson. The fate of Annie Groves or Mrs. Howard, is not generally known, although it was reported she had again married and reformed, and may yet be living somewhere in the West. The murders of Johnson, Mrs. Barrett and Mailand all occurred in one year—Johnson being murdered in June and Mrs. Barrett and Mailand it was supposed on the same night in September, and Howard was hung in December—making the year 1874 famous in the criminal annals of Des Moines and Polk County. KIRKMAN MOB. The same week in which Howard was hung another mob gathered in Washington Township, in the extreme northeastern corner of the county, and made threats against a man, although it did not take his life. Not much was published at the time in regard to this affair, and afterward an effort seemed to be made to prevent all reports of it reaching the public. The newspapers of the day made only brief mention of the facts. It appears there had resided in that portion of the county for a number of years an old man named Kirkman, who had gathered considerable wealth, but had the reputation of being a very disagreeable neighbor and very unpleasant husband and father. Finally his treatment became so bad the wife was compelled to leave him and take refuge with her son-in-law, Zinsmaster. This angered the old man, not only against his wife, but also against the son-in-law, Zinsmaster. It is said he made threats of injury to the latter. Be that as it may Zinsmaster's large barn was fired and destroyed with five head of horses, several hundred bushels of grain, farming implements, etc. This fire and the suspicions concerning its origin caused great excitement in the neighborhood, and it was not long before some one hundred and fifty to two hundred of the farmers and others of that rural community gathered together and made a visit to old man Kirkman. Nearly all were satisfied that the old man was in some way responsible for the fire and destruction of valuable property. This was denied by him and there was no proof to substantiate his guilt. A few thought that perhaps some miscreants had perpetrated the crime, rightly thinking that on account of the feud between the old man and Zinsmaster, the crime, would be charged upon the former. The assembled farmers, however, had Kirkman in their power, and for a time his life was in some danger. Some of the crowd were willing to waive proof of his guilt as an incendiary and hang him on general principles—that he was a bad man to have in the neighborhood and his death would be a benefit to the community generally. But the better sense and love of justice of many of those present finally prevailed, and Kirkman was let go a free but somewhat frightened man. The gathered farmers then dispersed to their respective homes, no doubt feeling much better satisfied with themselves than they would if they had pursued the matter to a fatal termination. Kirkman did not escape so well some time after when in Story County he came to his death at the hands of a mob of citizens, some of whom may have been residents of Polk County. THE BARRETT MURDER. Johnson, for whose murder Howard was hung by a mob, was murdered June 14, 1874, and another murder, which occurred a little more than two months after had much to do with ultimately causing the death of the latter at the hands of the mob. This was the horrible murder in Des Moines of a young woman named Ellen or Ella Barrett. This murder was perpetrated on the night following August 27, 1874. This fiendish crime aroused the people of the city and county as they never were aroused before or since. Had the perpetrator of the crime been found at once, and his guilt fully established, he would have met with summary punishment at the hands of a shocked and indignant people, who would not have feared to execute their vengeance in the broad light of day. The Register of the next day after this murder was discovered gives so full and clear an account that we do not think we can do better than to copy it entire. "The most horrible murder in the history of Des Moines was committed on Thursday night in the building on the corner of Seventh and Walnut streets, the lower story of which is occupied by McFarland's dry goods store. How or when the murder was committed is still a part of unknown history, the terrible deed not having been discovered till about noon yesterday. "Mrs. Ellen Barrett, the victim, from all that we have been able to learn, came to Des Moines about two weeks ago. Monday, August 17th, she went to Mr. McFarland to rent the three rooms over his store, stating that she desired to engage in the business of dressmaking and family sewing. Mr. McFarland at once told her that he did not like to let her have the rooms as she was a stranger, and as she could not give any city references, she might not be a proper character. At this she grew very indignant, replying that while a lone and friendless woman was always subject to distrust, a man, no matter what his character might be, was always treated as a person of decency and honor. She seemed very much hurt at Mr. McFarland's hesitancy about letting her have the rooms. Seeing this, and fearing that he had wronged the lady in questioning her, rented her the rooms and she paid a month's rent in advance. "The same day she bought furniture of Merrill, Keeney & Co., and fitted up her rooms, to be used as a dressmaking and sewing establishment, and as a lodging place. Securing work a day or two afterward she seemed to be in excellent spirits, as Mr. McFarland saw her as she passed back and forth to the Avenue House, where she had engaged meals. "A day or two ago Mr. McFarland thought there was too much running up and down stairs for a lady without friends, and after thinking the matter over concluded to notify her to move out. Thursday afternoon, soon after dinner, he called her down stairs and informed her that she must seek other quarters at once, as she had betrayed confidence with him and he would not permit her to remain any longer. She replied that she could not get away that day, but she knew where she could get other rooms, and would move out the next day. This was the last time Mr. McFarland saw her alive. About eight o'clock that night he heard her come down the back stairs and lock the door from the inside. At nine o'clock he closed his store and went home. At that hour everything was quiet, and just before leaving he heard Mrs. Barrett walking around on the floor above. "Yesterday morning when he came to the store he noticed that the curtains were still down in Mrs. Barrett's rooms, and thought it a little singular, as she was in the habit of rising early. Shortly afterward a negro boy went up the stairs and knocked at her door. Eliciting no response he came down into the store and asked where she was, as she had some work he had been sent for. No one being able to inform him he went away. About 11 o'clock a woman came, with the same result. Just before going to dinner Mr. McFarland remarked to some of the attendants in the store that the woman must be sick and that as soon as he returned if they did not hear from her some of them must go up and see if she needed assistance. "When McFarland came back, nothing having been heard from her, he proceeded to the back door. On opening it he was horror-stricken to find the steps covered with pools of blood. "His fears were at once aroused; he sent a boy to notify the police, and seeing Alderman Rollins and several other city officials across the street, he called them over, and they proceeded at once to the place of horror. "At the head of the back stairs they found the corpse on the floor, the head all covered over with blood, the eyes upturned as if the last thought and act had been a plea for mercy. The murderer had evidently been obliged to perform the horrible task of dragging her up stairs, the passageway being so narrow and short that he could not shut the door after him as he went out without the corpse falling out, or a portion of it protruding through the open door. "The murdered woman was of medium size, with light complexion, face slightly freckled, dark auburn hair, and light blue eyes. She had on, as left by the murderer, a dress, chemise, and gaiter shoes. Dr. McGorrisk was among the first at the scene, and gave it as his opinion that the murder had been committed about midnight on Thursday night. The corpse being, as he expressed it, 'stiff enough to have been murdered at 11 o'clock last night.' "There is but one opinion as to how she was murdered. The shoes and dress clearly indicate that hearing somebody at the back door she had arisen from bed and quickly slipping them on, had gone down to the back door to ascertain who it was. In further support of this opinion her stockings and garters were found lying on the floor at the side of the bed, and the bed itself looked as if some one had arisen from it. Arriving at the foot of the stairs and opening the door to her cold-blooded murderer, the supposition is that he struck her on the forehead with a hand-ax before she had an opportunity to ascertain who he was or to raise a cry for assistance. No evidence of a struggle having taken place was visible, and the only marks visible in the narrow stairway were two indentures made in the firm studding by the fall of a small ax, hatchet, or some equally blunt instrument. "The wounds are thus described bv Drs. McGorrisk, Rawson and Davidson, who made the examination: 'The first incised wound of the scalp was in the right mastoid region, extending from the ear backwards and upwards, with fracture being four inches in length. The second wound two and a half inches above the first, fracturing the right parietal bone, extending some three inches from the parietal ridge to the middle of the skull. The third wound two inches above the second, two inches in length, cutting down to the bone without fracture. The fourth wound, one and a half inches long, extending from the left parietal, or the left side of the head, backwards, cutting also the bone. The fifth wound, about one inch below the fourth wound, and about three inches above the left ear, two inches long, and cutting through to the bone without fracture. The sixth wound was a contused wound, as if made by some blunt instrument, on the left; frontal bone, immediately above the left eye. Upon examination it was found that the skull was fractured in the most shocking manner. The right parietal bone and the right and upper side of the occipital bones were crushed to atoms. Also there was a contusion in front of the right ear, fracturing the rames of the lower jaw, and causing blood to pass freely from the meatus of the right ear in the region of the wound. The physicians state that either of the four more prominent wounds would have killed her, and that her death must have been instantaneous.' In the front room, which was occupied by Mrs. Barrett as work and bedroom, was found the rifled trunk, which had been dragged from the corner to the stand, on which the lamp sat, still burning at the time the examination was made, which had been lighted by the murdered woman or her murderer the night before. The murderer had evidently made a hasty examination of the trunk. The drawer had been taken out; and set on the floor and then thoroughly overhauled. A few articles below the drawer had then been taken out, when, probably finding what he was seeking, he left the remainder of the trunk just as he had found it. An examination of the trunk by the coroner and police resulted in finding a number of letters, photographs, a bank book, containing some twenty or more canceled checks, and a number of keepsakes and trinkets. The letters covered a period of four years, including probably the last letter written by Mrs. Barrett, which was dated August 28, 1874. It was probably written the night before, and dated with the view of having it bear the same date as the postmark. The contents of these letters we are not at liberty to make public, as the evidence contained in them may be of value in ferreting out the perpetrators of the bloody deed. "The woman lived entirely alone and employed no help. Her situation, therefore, as her fate came upon her, was one of a lone, friendless and defenceless woman. Dramatic skill can add nothing to the unveiled horror of the tragedy. It is utterly black and wholly fiendish in all its features. Imagination of man or woman can supply nothing to make it more horrible. "It is evident from the many letters found in the trunk, and those from her husband, that the woman was originally from Clearfield, Pennsylvania, and that she afterwards visited Quincy, Illinois, Atchison, Kansas, and Washington and Iowa City, Iowa. Among the photographs found, two or three dozen of them, was one marked 'my husband, 1873,' and another with the name of a gentleman, whose address was Davenport. "The woman was of good appearance, and probably twenty-eight or thirty years old." From the character and manner of this brutal murder, or from other causes, it was at once suggested that the crime had been committed by one or more negroes. The writer remembers visiting the scene shortly after the discovery of the dead body, in company with James S. Clarkson, then the editor of the Register. After making an examination they retired together, when the question arose, "Who could have done it?" After a pause, with a tone of deep conviction, Mr. Clarkson answered, "This horrible crime was committed by one or more negroes." The people were very much excited over the murder and many rumors as to suspected persons were in circulation. The officers of the law, to their credit be it recorded, were indefatigable in their searches for the criminal. It was evident from the first that robbery was not the object of the murder. It must have been committed for revenge, or for some other purpose, perhaps to silence the woman who might have had some hold upon some man. The manner in which the letters and private papers of the murdered woman had been overhauled added to this suspicion. Among these letters were found some from prominent men in other cities in this and other States where the woman had temporarily resided, which, had they been published, would have caused trouble and grief in a number of homes, but the coroner prudently withheld them from the public, and they were finally destroyed. After a time, and when the officers judged they had proper evidence, a number of arrests were made, all of these arrests being negroes. Three of these, well known in the city, were indicted at the next term of the District Court, namely: Henry Red, Andy Smith and Archie Brown. Red was a stout, surly negro man, who was looked upon as being somewhat brutal and desperate. Smith was a more pleasant and popular negro, though he had been in several difficulties prior to this. Archie Brown was the popular porter of the Savery House and known and much liked by hundreds of persons who had in the years of his service been guests of the hotel. The general belief was that Red, whose character was known and who had previously had a trifling quarrel with the woman, had himself used the bloody hatchet and committed the murder, in which he had been aided and abetted by Brown and Smith and perhaps others. It was also generally believed that some white man was behind the tragedy and was the backer of Archie Brown in all his connection therewith. These rumors, however much foundation they may have had in fact, were never proven to be true. Brown, however, never lacked for help or money in his defense. He was finally tried upon the indictment at Ottumwa, in Wapello County, a change of venue from the county and judicial district having been taken, and after an exciting trial was acquitted. He lived in the city for years afterwards, and died some three years ago, after a lingering illness. Henry Red was also granted a change of venue and was placed on trial at; Newton, in the adjoining county of Jasper. After a lengthy trial he was found guilty, and sent to the penitentiary for life, he was removed to Fort Madison, where after a time his health failed and finally death came. It is stated on good authority, that when he saw and realized that his earthly end was near, on the day before he died, he confessed his guilt and acknowledged he had murdered the woman very much in the manner indicated on his trial. While confessing this he obstinately refused to the last to state why he murdered her, or who his accomplices were, if, as was supposed, he had accomplices. Andy Smith, the last of the trio, was tried in Polk County, and was ably and earnestly defended by Josiah Given, now one of the judges of the Iowa Supreme Court. The judge believed in his innocence from first to last, but the jury took another view of the testimony and Smith was convicted. MAILAND KILLED AND ROBBED. At about the time, or the same night of the Ella Barrett murder, Farmer Mailand, an eccentric bachelor, living on Mud Creek, in Camp Township, was also murdered. He lived in a farm house in the timber alone on his farm, and a quarter of a mile or more distant from his nearest neighbor. Those acquainted with his character spoke of him as being of a timid, cautious disposition, never permitting any strangers to be about his habitation after dark. Then he would not open his door to any persons unless he was well acquainted with them. He was generally understood to be well supplied with money, and frequently loaned his neighbors small sums. On the afternoon of October 1, 1874, a young man of the neighborhood went to Mailand's house for the purpose of borrowing a farming implement, and entering the house was horrified to see Mailand's body lying on the floor, cold and stiff in death. The alarm was given and the startled neighbors soon gathered and entered upon an investigation. The body when found was lying in the front room, face upturned, eyes staring wildly, and the palms of the hand clutched as if in great pain. The body was clad in pantaloons and shirt, the remainder of his ordinary clothes being on a chair near the bed. Three wounds appeared upon the body, either one being sufficient to cause death. One was under the right arm and one on each breast. They were evidently made by balls of large size from a revolver. The appearance indicated that some person or persons had aroused the murdered man in the night, and, hastily slipping on his pantaloons, he had gone to and partly opened the door to see who was there. Then the first shot was fired, and as he staggered back into the room two more were fired into his body, when he fell to the floor dead. Robbery was no doubt the intent of the assassins, though they evidently failed to obtain the booty they sought, as on the body of the dead man was found a pocket book containing over two hundred dollars in bills, and in the straw tick upon which he had been sleeping were a number of valuable papers. Mailand was, so far as known, last seen alive by his neighbors on the Monday previous, when he finished threshing his wheat and paid off his men. This was about 4 o'clock in the afternoon and several of his neighbors testified at the inquest that about 9 o'clock on the same evening they heard pistol shots in the neighborhood of Mailand's house. One neighbor said he was at the creek only about one quarter of a mile distant, talking with some emigrants returning from Kansas, when he heard the shots. Nothing strange seemed to have been thought of the shots and the house was not visited until Wednesday afternoon, when the murder was first discovered. It was also found that a valuable horse belonging to Mailand had been stolen, and probably was ridden off by the murderer. This murder having probably occurred about the time that of Ella Barrett in Des Moines it was at first supposed the same persons had committed both. But this theory was soon abandoned. Maliand's [sic] missing horse was soon found not far from its home. The coroner's inquest was held and the body of the murdered man duly buried. The people were much aroused, and talked of swift punishment of the murderer when found, but he never was found. Who killed Mailand was a mystery then, and a mystery it has remained even unto this day. 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/crimestr51nms.txt This file has been created by a form at http://www.genrecords.net/iafiles/ File size: 41.8 Kb