USA > Iowa > Cedar County > A topical history of Cedar County, Iowa, Volume I > Part 26
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Other characters, including the Goodrich, who was among the robbers at Gilberts, were driven from the country and Conlogue is said to have served his time in the penitentiary from Johnson County. As to the facts in the case we are unable to say for the county clerk of Johnson County says-"The court index says the case was docketed here but we are unable to find the record. There- fore we cannot give you any further information." So far as the Brodies in Linn County were concerned the same thing is true. The county clerk reports no record that he can find. If statements that they were in Linn County courts "almost every session" is true, some record should show it.
In the case under discussion, the United States vs. H. E. Switzer, charged with burglary, it is quite remarkable, when one considers the nature of a jury, that one of this jury lives now (July, 1910) and tells of the incidents, as he says, "as though they happened yesterday." To a man ninety-seven years of age events of that time may still be recalled. Mr. Samuel Gilliland served on the Switzer jury along with eleven other men, all of whom are gone from their
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former scenes, and he states the facts of the trial substantially as they have been published but gives the evidence on which the jury divided at first.
At the preliminary trial before the justice, Mrs. McElheny, who was in the house the night of the Goudy robbery, recognized Switzer and identified him as the man before the justice. Before the case came to trial this witness died and the justice gave her evidence. The trial judge, Joseph Williams, in his charge to the jury gave instructions to accept the evidence of the justice as it had been given by Mrs. McElheny. This was misunderstood by the jury-or by at least three of them-and on the first ballot it stood nine to three for conviction. Afterward the judge and an attorney for each side appeared before the jury and repeated this part of the instructions. On this two members-Lewis and Bolton- voted with the nine. The jury had gone out Thursday noon, been partly fed on Friday and were not discharged until Saturday noon. Cline held out against the eleven, and it is said this was due to Switzer's intimidation. He came to a window within sound of the jury and said with an oath: "Cline, hang till you die," meaning, of course, never to agree to a verdict. Mr. Gilliland knew Switzer in the State of Indiana before he came to the territory of Iowa at all.
The jury sat at this time in the office of John P. Cook for the forty-eight . hours and had no regular meals during the time. Wm. Knott was the bailiff and had known Switzer, having been his friend to such an extent that the prisoner asked him for special consideration in case the jury agreed, that he might know by a given signal the truth, supposed to be desired that he might escape through the assistance of Burns, a bully imported for this purpose. During all the time of the trial a horse was kept in readiness by friends of Switzer, which he finally rode away under the impression that the jury had found him guilty. Many things must be supposed in cases so far in the past, but the facts of the trial are well established.228
Switzer was never rearrested although warrant was issued, and his last record was left in California, where men who knew him learned from his own account that he was still lawless even in his days of prosperity.
Mr. Gilliland remembers very well the ruffian Burns who was on hand to assist Switzer in case of need. One man from Missouri, Ridgway, said to Burns -"If you do that way in Missouri they will kill you," and sure enough that was what happened, since he got his deserts in that state a short time after these events.
It may have been fortunate for all concerned that matters ended as they did, as more blood would have been spilled in case any attempt had been made to interfere with the court. Committees for mutual protection were in existence as early as 1837 and outlaws knew well enough of these organizations. Switzer seemed to have some dreadful effect upon those who undertook to arrest him and the county records prove it.
A part of the court record that should accompany the noted Switzer case gives a suggestion of the large territory covered by the officers of the judiciary in endeavoring to arrive at a just conclusion in reference to him. It would ap- pear from the papers that this man Switzer had plenty of friends to care for his interests. It is certain that the counties concerned were put to much trouble and
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expense in endeavoring to convict him. In the quotations given an attempt has been made to show with what and in what way the neighboring counties of Cedar were concerned in this case. To begin with the first appearance was in Linn County or before a justice of the peace in that jurisdiction which led to the appearance of the justice later in the trial to furnish the evidence of one of the witnesses who died before the case came to the final settlement. The original indictment is now on file in the office of the clerk of the courts in Cedar County, number eighty-seven of the files. It contains some interesting details and is drawn and signed by the prosecuting attorney, R. P. Lowe, the governor of Iowa from 1858 to 1860. It reads in substance as follows :
Territory of Iowa.
Johnson and Linn Counties.
District Court for said Counties. May Term, A. D. 1840.
The grand jurors for the body of Johnson and Linn Counties which has been by an act of the legislature of said territory attached to Johnson County for judicial purposes, duly elected, empaneled, and sworn, upon their oaths present that Henry Switzer and Lester Wallace, late of the county of Linn, and William Long, late of the county of Cedar, and one other wicked and evil-disposed person as yet to the grand jurors unknown, on or about the fourteenth day of April in the year of our Lord one thousand eight hundred forty, about the hour of eleven on the night of the same day with force and arms, in the county of Linn afore- said, the dwelling house of one John Goudy there situated, wilfully, forcibly and burglariously, did break open and enter with intent, the goods and chattels of the said John Goudy, and one Thomas McElheny and E. Homan being then and there in said dwelling house, then and there to wilfully, forcibly and burgla- riously to steal, take and carry away from the said dwelling house forty dollars in bank papers upon the state bank of Indiana of the value of forty dollars, one hundred twenty dollars in silver coin, of the value of one hundred twenty dol- lars, seven pounds of sugar of the value of eighty-seven and a half cents, the money and property of the said John Goudy, one silk handkerchief of the value of one dollar, the property of said Homan, one silver watch of the value of fifteen dollars, one bag of the value of fifty cents, and two handkerchiefs of the value of two dollars, the goods and chattels of the said Thomas McIlheny in the said dwelling house being then and there found, then and there wilfully, forcibly and burglariously, did steal, take, and carry away against the peace and dignity of the government of the United States and the statute in such cases provided.
And the grand jurors empaneled and sworn as aforesaid upon their oaths aforesaid further present that Henry Switzer and Lester Wallace of Linn County and William Long of Cedar County and one other wicked person to the grand jurors unknown, on or about the fourteenth day of April in the year afore- said, about the hour aforesaid, with force and arms in the county of Linn, enter with intent the goods and chattels of said John Goudy to steal and carry away, and did threaten with dangerous weapons and committed personal abuse upon the said Goudy, against the peace and dignity of the United States and the statute in such cases made and provided.
Signed, R. P. LOWE,
Prosecuting Attorney.
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HISTORY OF CEDAR COUNTY
This day Henry Switzer being arraigned and hearing the indictment read plead not guilty and puts himself upon the county and the district attorney did the like.
On this same sheet of foolscap paper at the bottom of the last page, as it is a half sheet written on both sides, appears the affidavit of the county clerk of Washington County which explains itself.
Territory of Iowa,
Washington County.
I, Thomas Baker, clerk of the district court in and for the said county, do certify the foregoing to be the original indictments as they came to my hands, and afterwards ordered by the courts to be sent back to Johns(t)on County. In testimony whereof I have hereunto set my hand and affixed the temporary seal of said court.
At Washington, Iowa, this 22d day of October, A. D. 1840.
Seal Attached.
THOMAS BAKER.
On a folder enclosing the formal indictment and probably at the time a part of the same sheet, the following statement is written :
Now to wit, May 14, 1840,
This case came on for trial whereupon the defendant in this case, Lester Wal- lace, being arraigned and hearing the indictment read plead not guilty to the sev- eral counts in said indictment and puts himself upon the county for trial and the district attorney did the like and the issue was joined."
Another affidavit appears here from the county of Johnson :
"Territory of Iowa,
Johnson County, ss.
I, Stephen B. Gardner, Clerk of the District Court in and for said county, do hereby certify the annexed to be the true and original. indictment against the parties therein named as originally filed in my office. In testimony whereof I have caused hereunto to be set my hand and affixed the seal of said court at Iowa City, this the 14th day of November, 1840."
Signed, STEPHEN B. GARDNER,
Clerk District Court, Johnson County.
Seal attached.
This seal is a piece of paper cut in the form of a diamond and attached by the impression of some plain instrument upon the sealing wax.
The name of the foreman of the grand jury that made this indictment is found under the item on the folded sheet and signed, "Jesse B. McGrew, Fore- man." The names of three of the witnesses in the case are on the same part of the sheet, John Goudy, Thomas Goudy and Mrs. McIlheny. It was presented and filed in open court on the 13th day of May, 1840, which is certified to by Luke Douglass, Clerk of the Courts then for Johnson County. It was filed in Washington County June 15, 1840, and in Linn County October 20, 1840. Re- turned as stated to Johnson County in November of the same year.
Here is the warrant for the arrest of the three men indicted : Territory of Iowa,
County of Johnson, ss.
May Term, District Court, 1840.
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HISTORY OF CEDAR COUNTY
To the Sheriff of Johnson County, greeting :
You are hereby commanded to take the bodies of Lester Wallace, Henry Sweitzer and William Long, and keep them safely so that you have them forth- with before the district court now in session at Iowa City in and for Johnson County aforesaid to answer to the United States of America in an indictment for burglary, whereof fail not under the penalty of the law and have you then and there this writ with your doings herein.
Witness the Hon. Joseph Williams, Judge of the second judicial district and presiding judge of this court, with the seal hereunto affixed, this the 13th day of May, 1840.
It is evident that the paper was not served, as there is no return upon it, and the next record is that of the justice of the peace, John G. Cole, before whom Switzer appeared with his bondsman, James Leverich, and gave bonds for his appearance in the district court in Linn County and to keep the peace toward John Goudy in the meantime. The court in Marion met in May, 1841, when the attorneys for the defendant made a motion for his discharge, these attorneys being Hastings and Richman. Judge Williams overruled the motion. On being arraigned a plea was made for a change of venue to Cedar County. The reasons given in the plea are as recorded in the papers accompanying the transcript of the proceedings of the court in Linn County. Defendant plead that great feel- ing and excitement in relation to the matters named in the indictment in the county of Linn, and that prejudice against him made the securing of justice impossible asking for the change as mentioned. The plea was sworn to before the clerk of the courts in Marion, S. H. Tryon, on the 25th day of May, 1841.
To this trial in Marion witnesses were summoned from Linn, Cedar, Mus- catine Counties, who will probably appear at the trial in Cedar. John Huber was the assistant prosecuting attorney in this trial.
In October, 1841, the court assembled in Cedar County when the attorney for the defendant, Stephen Whicher, moved to discharge the prisoner because he had not been duly tried at the term of court next succeeding his arrest, and because the certificate of Johnson County regarding the indictment was not such as the law required and because the clerk of the courts of Linn County had not made out the record according to the order of the court and affixed his hand and seal. The result is given elsewhere at the end of the trial in the court of Cedar County and a warrant is on file for the arrest of Sweitzer dated October 25, 1841, which states that he could not be found. This must have been after he left the court so suddenly on the swift horse placed at his disposal after the jury had disagreed. In the matter of final settlement there is some interesting history.
The United States of America to the clerk of the district court in the county of Cedar:
Whereas the Supreme Court of the Territory of Iowa being lately notified of the record of the proceedings in a certain cause which was in the district court for the county of Cedar and Territory aforesaid, wherein the United States was plaintiff and H. E. Sweitzer defendant; in which cause judgment was rendered against Linn County for costs, from which judgment the said Linn County sued out a writ of error from the said Supreme Court and the said court having ex- amined the record and proceedings aforesaid in the premises at Iowa City on the
ยท
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HISTORY OF CEDAR COUNTY
6th day of January, 1844, did affirm the judgment aforesaid as tendered in the court below.
Wherefore, you are commanded that, with that speed which of right and ac- cording to law you may, you proceed in the same manner as if no writ of error had been sued out and presented in this court; anything in the record and pro- ceedings of the aforesaid, heretofore certified, to the contrary notwithstanding.
Witness, the Hon. Charles Mason, Chief Justice of the Supreme Court, with the seal of the said court hereunto affixed at Iowa City this 2d day of February, 1844.
Signed, GEO. S. HAMPTON, Clerk of the Supreme Court, Territory of Iowa.
The last record of the matter was the presentation of a long itemized bill of expenses to Linn County for the trial of the case in Cedar. It runs officially as follows as between the two counties:
Territory of Iowa,
Cedar County, ss.
The United States of America, to the Sheriff of Linn County, Greeting :
You are hereby commanded that of the goods and chattels, lands and tene- ments of Linn County you cause to be made the sum of Two Hundred Ninety-six dollars and thirty-seven and a half cents costs which was adjudged at the May term of court, A. D. 1842, for Cedar County, against the said Linn County in a certain cause wherein the United States was plaintiff and Henry E. Sweitzer was the defendant, together with all legal costs that may accrue by virtue of this execution and that you make due return of the same of the above mentioned sum within seventy days from the date hereof and have you then and there this writ.
Witness, the Hon. Joseph Williams, Judge of the second judicial district with- in and for said territory and the seal of said court hereunto affixed at Tipton, this 13th day of February, 1844.
Signed, PATTERSON FLEMING, Clerk District Court, Cedar County.
This is returned with the following indorsement :
I return this writ not served by direction of the clerk who issued the same. March 20, 1844. Signed, H. W. GRAY, Sheriff.229
June, 1857, the county became aroused over the tendency of the people to take the law into their own hands so far as certain groups of men were concerned. This perhaps not without reason. The constant attempts of organized gangs to possess the property of honest citizens made patience no longer a virtue and "mob law" seemed the only remedy. According to the story of the time this movement was initiated from Jackson County. As the account of that day puts it this infected region of outlaws lay in the northeastern part of the county and near to the east line, although thieving was common in all parts this was a centre.
One Alonzo Page lived in Springfield Township near Yankee Run. For a number of years his house had been the headquarters of horsethieves, burglars, counterfeiters and perhaps worse characters who did not hesitate to kill. This is said to have been an admirable place to secrete horses and other stolen property. The neighborhood had known for some time that this was a den of villains, that for a long time stolen horses were tracked directly to this place. Sometime
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HISTORY OF CEDAR COUNTY
during the year of 1856 counterfeit money came from this quarter on which occasion a body of neighbors sought the vendors only to find that they had fled on the approach of the mob. On this occasion Page was notified to leave the country or to cease his harboring of the gang. He paid no attention to this warning and the place became more and more dangerous for law-abiding citizens. The people were threatened in case they attempted to interfere with the proceed- ings of the gang.
After nearly a year of endurance until the time mentioned, June, 1857, the people, meaning by the people the able-bodied and suffering also, for the imposi- tion had been on all alike, lost patience and forming a mob made a raid on Page and his followers. He was at home and on the approach fired several shots from his window. This did not stop the mob but rushing on when Page attempted to escape he was shot and wounded before he could reach the timber.
On the following night the horsethieves made another expedition into the vicinity taking a span of horses from Mr. Chase, but the community being aroused they were pursued and compelled to abandon their booty. An attempt was made by a mob of one hundred fifty men to find these thieves but no one was captured.
The opinion was then current that a "vigilance committee" was a beneficial or- ganization when it could clear the county of desperadoes that courts had failed to convict. When this was the only remedy it must be used, but it was liable to great abuse.
One of the Page gang mentioned above later passed west on his way going through Tipton and escaped the penalty that afterwards befell his companions. It appears that the mob which assembled at Page's had warrants legally issued for Wm. T. Denney, who had gone west, before further action, for Page, Gleason, Conklin, Sergeant, Clute, Johnson and Baird. Later in June of 1857, a large number of men assembled at the home of a Mr. Hoyte. The warrants were placed in the hands of Mr. Wm. H. Hammond as deputy-sheriff. The number assembled here was two hundred fifty-eight but as many as five hundred it is estimated would have been present had the night not been dark and rainy. This body proceeded once more to the home of Page but found no one but his family.
On their departure from this point they arrested a young man on suspicion who protested his innocence since he had been in the state but a short time. He, however, gave the names of the gang of counterfeiters saying he had been offered a commission on all the money of that kind he could pass, and he had also been invited to engage in the business of horse stealing. The young man was "advised" and set free.
They went next to the home of the widow. Denson's who afterwards was known as Mrs. Warn. Mr. Warn it appears was present and being quite in- dependent in his attitude was handled somewhat roughly, after which he be- came quite peaceable. Mrs. Denson was notified to leave in ninety days which she promised to do. She and her children had a fine farm. C. W. Clute one of the gang was her son-in-law. An indictment was found against him for horse stealing before these events.
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HISTORY OF CEDAR COUNTY
The mob now dispersed agreeing to meet the same week on Friday night at the courthouse to form what was called a "protection society." 230
Reports are made to the effect that in the attempt to capture Page two old citizens, Reason and Harvey Parr were seriously injured.
The posse sent to capture these men was not composed of the rough and law- less element, but of the most respected and oldest citizens of the time. They had borne the outrages too long to be blamed for taking summary action in extreme necessity.
During the same period, probably the same week, the vigilance committee of Clinton County were doing the same service for that community. It is stated that four hundred men assembled at Clamshellford on the Wapsipinicon, and going to the house of an old man by the name of Warren arrested him and three others. Evidence being found against him he was hanged, the three others being held in custody. The excitement did not cease for it is related that five hundred men could be brought together on short notice. Gleason was tracked from his hiding place to a point three miles south of Tipton, but the crowd failed to get him. There were rumors of all sorts due to the excitement and one must have had difficulty in finding what was true until after the noise had disappeared. Clute was followed nearly to Davenport and was once in the hands of the mob, but was released for want of evidence against him. It was later found that he was deeply concerned in the affairs of the gang and a second capture meant one of two things in the language of the day-"planting" or "suspending" him. It is very conclusive from records made during that period that no one county was concerned. Jackson, Clinton, Scott and Muscatine Counties were aroused at the same time. A big meeting was held at Big Rock over the county line and it was addressed by Judge Bissell, Wells Spicer and others.
About this time a horse was taken from the farm of David Wright, three miles south of Tipton, and one also from the stable of Mr. Ford. Both of these are supposed to have been run off by Gleason and his confederates. A man caught with horses in his possession for which he could give no good account was in a very dangerous situation.
At the Big Rock meeting the best of spirit prevailed, the only object being a determination to rid the entire portion of the state of these renegades.
On July 2, 1857, word was brought to Tipton that Gleason and others were in the woods south of town and at once large numbers of men went in pursuit, returning at noon with the three-Alonzo Gleason, Ed. Soper and Van Ausdel. They were in charge of the sheriff who headed the posse. When they entered town they were led by a martial band of music, some two hundred men all armed to the teeth. The prisoners were in the centre of a hollow square of footmen who acted as a guard. Behind them came a long train, composed of both horses and wagons. Great excitement prevailed over the entire community, the town being filled with hundreds of men all carrying arms. An eye witness of the cap- ture of Gleason put it in the following words: "I was a boy then and remember distinctly the occasion of Gleason's capture in the brush near my father's farm. He was concealed in the underbrush and not easily located. When the mob came close upon him instead of resisting he rose straight up, threw up his hands and surrendered. No one seemed to realize that he was the man wanted and it took
GROUP OF FIRST ROCHESTER BUILDINGS
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HISTORY OF CEDAR COUNTY
some time to call the men off the hunt. Gleason was shaking from head to foot, for well he knew the consequences of capture by an uncontrolled mob. Seeing my father he approached him and said, 'Howdy do, Mr. B.' Once in charge of the sheriff his bravado returned to him and the cringing fear was not notice- able." 231
In the evening of the same day, Thursday, the last posse returned, having in custody Walter Cassiday, who was taken with the Wright horse in his possession. He said he went in search of the horse for Mr. Wright and found it. Called before Justice Long his wife made complaint against him to keep the peace since he had treatened her life, and she also swore that he did steal the horse and was returning it to obtain the fifty dollars reward offered for its recovery.
The three men were in the hands of Sheriff Bireley at the end of the day, Thursday, July 2. On the next morning at one o'clock, when plans were matured two of these men were removed from the custody of the sheriff who made an attempt to protect them. On the afternoon before it was a foregone conclusion as to what would happen before morning. A rider was seen to leave the county seat and head for the northeast where the vigilance committee had its headquar- ters. Fathers who had sons in the town urged them to come home. None knew better than these the tragedy about to occur.
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