Anderson County KS Archives History - Books .....Chapter XXII 1877
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Book Title: THE HISTORY OF ANDERSON COUNTY, FROM ITS FIRST SETTLEMENT TO THE FOURTH OF JULY, 1876.

CHAPTER XXII.

  Murder of Allen G. Poteet—Escape of his murderer—Murder of James Jackson by D.
R. Pattee —Murder of James Day by David Stewart-Murder of William Hamilton by
John W. Chamberlain— Trial of Dr. Medlicott for the murder of I. M. Ruth.

  IN October, 1866, Allen G. Poteet left his home in Garnett for Kansas City, in
company with Henry W. Grayson, to bring a load of goods in a two-horse wagon.
Grayson reported that he intended to return to his home in Indiana. Poteet
failed to return; two weeks elapsed, and grave suspicions arose that he had been
murdered. Parties went in search of him, and the last trace that could be found
was that he and Grayson were seen six miles beyond Paola, on the Kansas City
road. After the search had been abandoned, it was supposed that Poteet had fled
the country, for some cause to them unknown. On the day of the election, in
November, a letter was received stating that a man had been found, dead, by an
Indian, while hunting, supposed to be Poteet, in the eastern part of Johnson
county. Parties were sent hither at once, and recognized it to be the body of
Poteet, though mutilated and considerably decomposed. The body had been dragged
about by hogs, and one arm was missing. The body had been hidden away in a
hollow. Poteet had been shot in the back of the head, and it was believed that
Grayson had killed him and thus hidden the body away, and taken the wagon and
team belonging to Poteet, robbing him of what money he had in his pants pocket,
not searching his vest pocket, which had a part of Poteet's money in it, being
found with the body. No trace of the wagon or team could be found. Rewards were
offered by the county for Grayson, or any information that would lead to his
capture, but nothing has ever been heard of him since. It is supposed that
Grayson took the wagon and team and departed over some isolated road in
Missouri, and escaped the vigilance of the law, after perpetrating the
diabolical murder.

  In March, 1870, a difficulty arose between a man named James Jackson and
William Cardy, in Pattee's saloon, in Garnett, when D. R. Pattee ordered them
out of the house, and closed the door after them. Jackson turned and threw a
stone against the door, knocking one of the panels out, upon which D. R. Pattee
fired at him, through the opening, with a pistol, the ball striking Jackson in
the back. He fell, and was carried away, and skillful medical aid called.
Jackson lingered until about the middle of May, and died from the effects of the
wound. Pattee was tried for the killing of Jackson, found guilty of manslaughter
in the second degree, and sentenced to the State penitentiary for a term of five
years. He was pardoned by the Governor, after remaining in the penitentiary for
about two years.

  About the first of March, 1874, a party of men from Middle creek, in Linn
county, Kansas, came over to Greeley, in this county, and after becoming
considerably intoxicated started for their homes. They had not gone far on their
way until a quarrel ensued between James Day and David Stewart, two of the
party, being in the same wagon. Stewart jumped out of the wagon and started
away, and Day jumped out and followed him, running about two hundred yards. Day
caught Stewart. Day being a man of great physical strength, and Stewart being of
less than ordinary physical ability, thereupon drew a pocket knife and stabbed
him several times, killing him instantly. Stewart was at once arrested, and put
upon trial for murder in a few days, before the popular mind had calmed from the
shock of the spilling of human blood, and was convicted of murder in the second
degree, and sentenced to the State penitentiary for the period of twelve years.
It was one of the unfortunate difficulties which arise from intemperance.
Doubtless had the trial been postponed until the minds of the people had become
quiet, and reason and justice enthroned, Stewart would not have been .convicted,
as he was evidently fleeing for the safety of his life. Stewart and Day, up to
that time, had been on intimate terms, no ill feeling between them existing.

  In 1868 a young man by the name of William Hamilton, of Ohio, located in
Garnett. He was affable and energetic, and soon became a popular citizen, opened
a boot and shoe shop, being a boot maker, and soon thereafter opened a boot and
shoe store, and was doing a good business. In 1870 he married Miss Susan J.
Chamberlain, a young lady highly respected and possessed of considerable
property, with whom he lived happily until his death. In 1875 John W.
Chamberlain, a brother of Mrs. Hamilton, visited them and shared their
hospitalities, remaining about two weeks; then went to Texas, and while there
wrote several letters to Hamilton, requesting the loan of money, to which
Hamilton replied that he could not spare it from his business. About the last of
November Chamberlain returned, and visited them again, and Hamilton let him have
one hundred and fifty dollars. Chamberlain left, telling him that he was going
to his home in Ohio; but on the afternoon of December 16, 1875, he returned, met
Hamilton at the postoffice, and conversed in a friendly manner, walking along
with him to the Citizens Bank, where Hamilton made his daily deposits.
Chamberlain followed him into the bank. As Hamilton approached the counter,
Chamberlain drew a revolver and shot him in the back of the head, at the base of
the brain, killing him instantly. Chamberlain was arrested and held for trial at
the March term of court thereafter. He obtained a change of venue to Douglas
county, where he was tried at the June term of that court, 1876, found guilty of
murder in the second degree, and was sentenced to hard labor in the State
penitentiary for twenty-one years.

  On the 26th of April, 1871, Isaac M. Ruth, of Lawrence, died very suddenly,
and under very suspicious circumstances. A post mortem examination of his body
developed the fact that he had come to his death by means of poison. The
coroner's jury returned a verdict that he died from the effects of poison,
administered to him by one John J. Medlicott. Medlicott was arrested on a charge
of murder, and committed to jail to await a trial on such charge, at the next
term of the district court of Douglas county. An information was filed against
him for the murder of Ruth. The defendant (Medlicott) filed a petition for a
change of venue from the county of Douglas, on account of the bias and prejudice
of the citizens of Douglas county against him. The court granted a change of
venue, and ordered that the cause be removed to Anderson county for trial, at a
special term of the district court of said county, begun on the 9th day of
October, 1871. Present: O. A. Bassett, judge; G. A. Cook, sheriff; G. M.
Everline, clerk. On the opening of the court the Judge announced that this term
of the court had been called for the trial of the case of the State of Kansas
vs. John J. Medlicott. The following gentlemen appeared as counsel for the
State: Thomas Fenlon, Esq., of Leavenworth; John Hutchings, Esq., county
attorney of Douglas county; Col. C. B. Mason, county attorney of Franklin
county; and John S. Wilson, county attorney of Anderson county. The defendant
was represented by his counsel, Judge S. O. Thacher and W. W. Nevison, Esq., of
Lawrence, and W. A. Johnson, of Garnett. Two days were consumed in the selection
of a jury. The following is a list of the jurors finally selected and sworn to
try the cause: A. Stevens, J. E. White, C. G. Ellis, Sewell Kidder, H.
Bevington, John Aldridge, J. J. Douglass, Melvin Cottle, John Forbes, Robert
Burke, Michael Glenneh and J. Q. Hutchinson. Col. C. B. Mason delivered the
opening address on behalf of the prosecution.

  This case occupied some eighteen days in its trial. The jury were kept
together in charge of the sheriff for twenty-two days. It was one of the most
important criminal trials that has been tried in the State. Most of the leading
papers of the country had representatives here reporting the proceedings of the
trial, which were published each day as the case progressed. Many eminent
scientific witnesses were brought here to testify on the trial of the case.
Prominent among them was Prof. Wormley, professor of chemistry and toxicology in
the Sterling Medical College, Columbus, Ohio, and author of "Wormley on the
Micro-Chemistry of Poisons."

  On the morning of the 27th of October the jury, after being out over night,
returned into court with a verdict of guilty of murder in the first degree, and
the court thereupon sentenced the defendant to be executed by hanging by the
neck until dead. The defendant's counsel filed exceptions to the ruling and
judgment of the court, and appealed the case to the Supreme Court. On the
hearing of the case in the Supreme Court it reversed the judgment of the
district court and a new trial was granted. The Supreme Court held that the Ruth
letter was improperly admitted in evidence, there being no evidence going to
prove that it was written at a time and under such circumstances as to entitle
it to be received as the dying declarations of Ruth.

  At the March term, 1872, of the district court in Anderson county, the county
attorney of Douglas county appeared and entered a nolle prosequi in the case.
The Ruth letter having been held not to be proper evidence against the
defendant, and it being all the evidence that tended to connect Medlicott with
Ruth's death, Medlicott was discharged from jail and immediately left the State.

  There were many theories and divisions among the people as to the cause of
Ruth's death and the guilt of Medlicott. The matter is still a mystery, and will
probably so remain.



Additional Comments:
THE HISTORY OF ANDERSON COUNTY,
FROM ITS FIRST SETTLEMENT TO THE FOURTH OF JULY, 1876.
BY
W. A. JOHNSON,
CHAIRMAN OF HISTORICAL COMMITTEE.

PUBLISHED BY KAUFFMAN & ILER, GARNETT PLAINDEALER,
1877.

Entered according to act of Congress, in the year 1877, by
KAUFFMAN & ILER, In the office of the Librarian of Congress,Washington, D. C.


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