USA > Iowa > Jackson County > Annals of Jackson county, Iowa, Vol 1-6 > Part 25
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who were quartered there nine miles back from Helena.
The Major sent
an orderly for horse and equipments, told me I could go out to the 9th Iowa and stay as long as I had a mind to. I went out to the 9th and I met a very large number of acquaintances as there was a company went from Bellevue and Andrew which were in the Regt. Met the parties there, Farrington and Seward, who had informed me of the whereabouts of Washburn, stayed two days with the 9th: was treated like a King; came back to Helena, turn- ed my horse over to the Major; bade him good bye and took a steamboat t Cairo; came home and went to Des Moines and saw the Governor; gave him my petition; he granted a pardon out with any hesitancy saying to me that we needed every man in the army who could do any good; there was no doubt that Washburn was worth more there than he would be in the peni- tentiary.
Washburn informed me that while at Helena and after leaving Bellevue, that he went to a town in Southern Missouri and went to practicing medi- cine and met with the best of success, and when the war broke out he got up a company and the company was attached to the 24th Missouri Cavalry and they elected him Major; that he drilled the regiment and had the most of the command during the campaign. Washburn's family knew nothing of his whereabouts, until I informed them after my return from Helena; they went as quickly as possible down to Helena and I have never heard anything of Washburn since. At the next session of the legislature, a bill was passed relieving all liability on the bond of $500.
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Some of the Criminal History of Jackson County.
(Compiled for the Jackson County Historical Society by J. W. Ellis, Curator )
I have previously stated in my early history writings, that the first settlers of the county were largely made up of rough if not lawless people, and I think that a perusal of the old territorial dockets will convince the most skeptical that my statement was justified; homicides were frequent in the early days. and have continued up to within a few years. I would al- most hazard the assertion that there has been more murders committed in Jackson county since the county was organized, in 1838, than there were of Jackson county soldiers killed in the war of the rebellion. At the first term of court held in Jackson county, William Sublett was indicted for murder and at the April term 1839 Samuel Groff was indicted for the delib- erate murder of his neighbor Thomas S. Davis, and at the same term Coon- rad Hite was indicted for an attempt to kill, and Robert Carey was indict- ed for assault with intent to kill. In the same year Zopher Perkins and Calvin Perkins were charged with assault with intent to kill. and were put under bonds to keep the peace with J. S. Mallard. On the 8th day of January, 1840, James C. Mitchell shot and instantly killed James Thompson and on the first day of April, 1840, there was a factional fight in the village of Bellevue, in which seven men were shot to death and seven more sorely wounded. In 1854 William P. Barger shot his wife to death in Bellevue and three years later was hanged by a mob in Andrew. In 1842 Joseph Jackson killed Zenaphon Perkins on the Maquoketa river at a point about 6 miles above the town of Maquoketa. In 1852 Ab Montgomery killed Andrew M. Brown. a few rods west of the W. St. line of the town of Maquoketa. In 1856 Mrs. Conklin and sons killed the husband and father Wm. Conklin in the north part of Farmers Creek township and in the spring of 1857 Alex Grifford shot and killed John Ingles near Iron Hills. In August 1856 one Micheal Carroll stabbed and instantly killed a young German by the name of Heitman near Lamotte. In January 1867 Samuel S. Cronk was murdered near Cottonville for the money he was supposed to have with him. In 1881 Charles Towne shot Thomas Keithly to death in the street of Bellevue, and in 1885 David Seeley shot William Horan to death with a pistol on the street of the same city. Some time later Herman Ellinghouse was indicted for kicking the life out of Patsy Cook in Bellevue and, still later Henry Weston shot and killed High Hoover at Harmony park just outside of Bellevue and on the 4th day of July, 1896, Christian Eckerliebe shot and beat to death his neighbors daughter, Minnie Keil, some six miles from Bellevue. In April, 1897, Deb Roland was clubbed to death in front of his home 6 miles west of Maquoketa by George Morehead. The above is a partial list of the homicides that are known to have been committed in this county while there has been quite a number of cases where persons have dissappeared from the places that had known them, for ever, and was believed to have been made away with. The writer will review the criminal history of the county not because we enjoy that kind of work, but for the reason that this society desires to preserve the bad as well as the good history in a condensed and tangible form.
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Ninetieth Birthday Anniversary.
Last Sunday was the ninetieth birthday anniversary of Anson H. Wilson, the oldest living pioneer of the Mqauoketa valley, who came here of his own accord as a full grown man. Quite a number of friends and neighbors assembled at his home to help celebrate in a titting manner so important an event. The writer secured the following names of persons present with date of their coming to Iowa.
A. H. Wilson, came to Iowa, 1839.
A. J. Phillips,
1837.
J. N. Nims, 66
1846.
Mrs. J. N. Nims, 66 66 1861.
Nelson Current,
1851.
Mrs. N. Current,
William Current,
David Gish, .
1851.
J. W. Ellis,
66
1852.
W. P. Dunlap,
66
1858.
CharlesNoir
.
Mrs. Charles Noir
66
1868.
Mrs. William Botkin “
1868.
Wellington Current '
1856.
Mrs. W. Current
1843.
Volney Wilson
1850.
Mrs. Volney Wilson “
66 1858.
John B. Phillips
66
1861.
Mrs. John B. Miller “ 66 1869.
1845.
Mrs. J. W. Ellis,
1853.
Mrs. W. P. Dunlap, “
1841.
1865.
1862.
William Botkin
A great many old pioneers and old settlers were deterred from attend- ing on account of the cold rainy, disagreeable day, but those present had a very enjoyable time listening to Mr. Wilson's reminiscence of the early days in the Maquoketa valley. Uncle Anse, as his friends call him, was feeling fine for a man ninety years old, and seemed to enjoy the occasion quite as much as his visitors. Col. Dunlap, Bill Botkin and Nott Nims also had something to say when they could get the floor. A splendid ban- quet was served which Uncle Anse said was in contrast to the first meal he ate in the valley which consisted of mush and sweetened water. All who were present expressed the wish that he might reach the 100 mark and his appearance indicated that he might do so. J. W. ELLIS.
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Groff Commits Murder and is Acquitted.
(Compiled for the Jackson County Historical Society by J. W. Ellis, Curator.)
In 1838-39 there was living near the North Fork of the Maquoketa, on what later became section one South Fork township, a man by the name of Samuel Groff. His cabin stood about 40 rods from where Mrs. Fitch now resides. In the same neighborhood about one mile north lived one Thomas Davis. Both men had families and were very good friends until some time in the spring of 1839. In those days there were no bridges and the fords at crossing places of the streams were named for the nearest resident to the said fords. Davis lived about half a mile from the ford used by people going from the forks to Fulton and the crossing was known for many years as the Davis Ford. Davis was an energetic kind of man and stood well among the people of his acquaintance. Groff was also an active, prominent man and especially prominent in the Methodist church and being auf exhorter in that persuasion had an extensive acquaintance throughout the county.
Davis, at one time, had a fine yoke of cattle which he was fattening for market, driven off in the night. The oxen were tracked to the vicinity of Bellevue and with the assistance of the sheriff and other parties were final- ly located in a ravine near Mill Creek. Davis was told that his neighbor Groff and another party by the name of Troft had driven his cattle off and brought them to that vicinity. Davis at first could not believe that his neighbor Groff for whom he had a friendly feeling could be guilty of such a despicable crime. But on his return home he called upon Groff and inform- ed him that he had recovered his cattle, and from Groff's actions he became convinced that Groff was guilty, and at once charged him with the crime. Groff denied any knowledge of the matter and the neighbors had hot words, and parted bitter enemies. Some time after this a party came from Illi- nois looking for a stolen horse, and Davis sent them to search Groff's prem- ises, sending his son with them. The horse was not found there, but this incident helped to widen the breach between the neighbors. Davis took every opportunity to denounce Groff as a thief, and the fact that Davis held possession of a piece of land which Groff claimed and that the settle- ment of the claim was pending in April, 1839, and was to be tried in "Squire Forbes" Justice court increased the enmity. The same day that the term of the district court was to begin in Bellevue, April 9th, Squire Forbes, who was personally acquainted with both men, was doing all in his power to get the men to settle their difficulty. Finally Davis said if it was not settled it would not be his fault.
The Squire went home to make some change in his attire before the
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time to call the case. In the meantime Groff had borrowed a gun and load- ed it and was heard to say that the bullet he loaded it with would be the death of Davis. Davis was told of these threats, but said Groff was too big a coward to shoot unless he could shoot a man in the back. But Groff made his word good. He watched for an opportunity and it came. Davis was seen walking along the street, and Groff rested the rifle on a picket fence and shot Davis in the back the ball passing near the heart, and killing him in a few minutes. Groff walked cooly down to where his victim lay, and was arrested by Shade Burelson and turned over to the sheriff. He express- ed no regret but claimed that Davis tormented him so, and made his life a burden, and he had to kill him.
The grand jury indicted Groff on the same day of the murder, and a special term of court was set for the first Monday in May. In the mean- time, Groff was heavily ironed and guarded by volunteers until the time for trial came. J. V. Berry was United States district attorney and R. D. Parker was Groff's attorney. The case came on for hearing the 6th of May and a jury was empanelled on the 7th. The evidence on the part of the United States was overwhelming but Groff's attorney took the ground that his client was insane, and proved up several of Groff's acts that indicated that he was insane. The jury was charged on the 9th day of May, 1839, and were out but a short time before they agreed upon a verdict. The court room was crowded when the jury returned'and it is safe to say that nine out of ten expected a verdict of guilty of murder, and it was like throwing a wet blanket on the audience when the foreman announced that the jury had found the defendant not guilty. The district attorney had the clerk call the names of the jurors and each one answered thereto that it was his verdict. He then denounced them as a set of perjured villians, and wanted the verdict set aside but the prisoner was ordered discharged.
That night the people of Bellevue hung the jurors in effigy. The coun- ty was too hot for Groff to stay in, and according to W. A. Warren he went to Minnesota and was soon after killed by the Indians. Absalom Mont- gomery, one of the jurors, afterwards killed Brown near Maquoketa. A friend of the writer who himself was an old pioneer, said that he saw Groff in California since the war, and that he was then or had been a Mor- mon bishop. So that would, or should show conclusively, that he was not killed by Indians. The Davis family had left the forks prior to 1850.
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The Only Legal Execution of the Death Penalty in Jack- son County.
(Written by J. W. Ellis for Jackson County Historical Society.)
Although there has been several sentences passed by the courts of Jack- son county, there has never been but one carried out up to this time, and that was the case of Joseph T. Jackson for the killing of Xenophon Perkins in the winter or spring of 1842. Xenophon Perkins and Zopher Perkins were living, as far back as 1839, on the south fork of the Maquoketa in sec- tion 13 Monmouth township, and Joseph T. Jackson was living in a cabin that belonged to the Perkins on the opposite side of the river.
Jackson and Zopher Perkins were great friends at one time, working together and hunting together, on one occasion they went to Dubuque with a team and wagon or sled, and on their homeward journey they passed a place where a quantity of pig-lead had been hauled to the top of the hill from the smelter for shipment. There was no one near to watch the proper- ty and Perkins proposed to Jackson that they take a pig of the lead home with them for bullets. The proposition meeting with Jackson's approval, they took the lead.
Some time after March. Jackson and Zopher fell out over some trivial matters, and in order to even up things with Jackson, Perkins tiled an in- formation accusing Jackson of the crime of larceny in the stealing the lead from the Dubuque parties and notifying the Dubuque people. At the trial of the case before a justice of the peace, Thomas Coffee, Zopher testified that Jackson stole the lead and Xenophon Perkins swore that Jackson told him that he (Jackson) had stolen the lead, and that Zopher had nothing to do with the stealing of it. Jackson was terribly incensed at the treachery and false swearing of his former friends, and especially at Xenophon, to whom he said: "Xen. Perkins, you have sworn to a lie, and you know it; now mark my words I'll kill you for it."
The next morning after the trial the Perkins brothers had occasion to pass the cabin of Jackson as part of their feed was stored on that side of the river, and they kept some stock over there. The river was frozen, and they crossed on the ice. As they passed Jackson's cabin they taunted him with being a thief, and dared him out of the house. Jackson was in bed and did not get up at first, but when they came back from feeding, and re- peated their insults, he hurried into his clothes and seizing a small pistol from over the door rushed out. When the Perkins saw the pistol they ran for home pursued by Jackson. Just as they reached the opposite bank of the river, Zoph Perkins, who was behind, turned on Jackson and struck
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him on the head with a club making an ugly wound which partially stun- ned him. Jackson pointed the gun at Xenophon, who was twelve or fifteen steps distant, and tired inflicting a wound which caused his death in a few days. Jackson went back to his cabin and Zoph went up to Shade Burle- son's on horseback and called for a gun, telling Burleson that Jackson had shot his brother and that he wanted a gun to defend himself with. The gun was loaned him and Burleson and his son, William, went across through the woods to Perkins' cabin. Zopher's wife had helped Xen. into the house and a doctor was sent for.
Zopher Perkins reached the cabin just ahead of the Burleson's and Jean- ed the gun against the fence. Burlesons' arrived a minute later and could hear the groans of the wounded man in the cabin and heard Zopher say, "I can't stand this, I must have revenge." Shade Burleson picked up the gun and tired it off, the report bringing Zopher to the door and he demanded why Burleson had fired off the gun? Burleson said to him, "You stay here and take care of your brother, if you attempt to cross the river Jackson is armed and will kill you."
The Burlesons started across the river to Jackson's cabin, but were chal- lenged by Jackson, who demanded to know whether they came as friends or enemies. Shade responded that they were friends, and Jackson admitted them. Burleson asked Jackson why he didnt' get on a horse and fly, from the country; told him that the fact of his killing Perkins after making the threat he had the day befroe would be against him, and advised him to fly while there was time. But Jackson insisted that he had only acted in self defense, and would not run away.
Jackson was arr & ted and kept in custody of the sheriff, there being no county jail, until the June term of court, when he was indicted by the grand jury on the 7th day of the month. A special term of court for the trial was convened on the 13th of June, and a jury was empannelled on that day, and the trial of the case begun. The jury was charged on the 16th and brought in a verdict of guilty of murder. A motion was made to set aside the verdict and grant a new trial. Judge Wilson sei the 18th for argument on the motion for a new trial. After hearing the arguments on that day he overruled the motion and passed judgement as follows: "That the defendant, Joseph T. Jackson, be taken hence, and remain in the close custody of the sheriff of the county until the 15th day of July next, on which day it is further ordered by the court that the said Joseph T. Jackson shall be taken from the place of confinement by the said sheriff, between the hours of ten of the clock a. m. and two of the clock p. m., to some place within the town of Andrew, Jackson county, Iowa Territory, and hanged by the neck until he shall be dead."
There was a general feeling of sympathy for Jackson, and some went so far as to say, that he done a good deed in ridding the country of Perkins, as the Perkins' were a bad lot, but there had been a perfect holocaust of murders committed in the county, and no atonement, and it was felt that some one must be made an example of. Samuel Groff had shot his neigh- bor, Thomas Davis, to death on the streets of Bellevue, and was cleared by a jury. James Mitchell had killed James Thompson on the streets of the
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same town, and was found not guilty at the same term of court at which Jackson was convicted. The fight between the factions in which a dozen men were killed or seirously wounded, and those of the victorious faction not only exonerated for their part in the strife, but were made heroes by the pen of the wily sheriff, W. A. Warren.
On the 15th day of July. 1842, the little town of An rew was thronged with men and women from far and near to witness a public execution, Capt. Mallard's company of United States Volunteers were present to preserve order. The prisoner was confined in the upper story of Butter- worth's log hotel from which he was taken after dinner, and escorted by the volunteers to the place of execution. There was no provision made by the county commissioners for the expense of a scaffold, and the sheriff had to utilize a tree from which a rope was suspended with a noose. Jackson was placed on a box in a wagon under the tree, the rope was adjusted around his neck, and the wagon pulled from under him. Jackson had been told that if his neck was not broken the doctor would resuscitate him; that he would be cut down in thirty minutes and the doctor would take charge of him and bring him back to life. With this idea in his mind Jackson laid his head back in the rope in away to prevent there being any slack, and of course his neck was not broken but the sheriff let him hang more than thirty minutes and until such time as he was dead, in accordance with the sentenc f the court.
The execution of Jackson took place nearly 64 years ago, but there are some people living in Maquoketa now who witnessed it. Calvin Teeple was first lieutenant and commanded the company of soldiers who participated in this hanging. Mrs. Joel Higgins of Dubuque county was also an eye witness, and has a vivid recollection of the tragic scene as did E. D. Shinkle, and there are doubtless many more in the county.
Xenophon Perkins had entered the land on which S. N. Crane lived and prospered for so many years, but in entering land those days the person had to swear that they were obtaining it for their own use, and had not bar- gained nor sold it: but it appeared he had sold this claim and others claim- ed it and a lawsuit was the result. The case was tried in Dubuque, and the papers sent on to Washington. Before judgment was rendered Perkins was . killed. The department decided that Perkins forfeited the claim and the money that he had paid for.it, consequently the government got $2.50 per acre for that quarter section. Henry Mallard we believe entered that land, and on one occasion Mallard and Calvin Teeple and Vosburg began breaking on the claim with cattle. Teeple was driving the cattle, and while passing near a clump of bushes the report of a rifle rang out, and the bullet struck one of the oxen back of the shoulder, passing through the backbone as the shot was almost in line with where Teeple was walking there was little doubt but what the shot was intended for him. When the plowmen got to the end of the land, Mallard sat down by the water pail and said to Teeple and Vosburg, "I'll take care of the water and you go and see who tired the shot."
A glance over the old district court dockets in those territorial days con- vinces one that human life was held very cheap at that time. Judge Thos. S.
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Wilson was the presiding judge for many years and his docket would be a fortune for a relic hunter. At nearly every term of court some one would be indicted for murder or assault with intent to kill. The party indicted would be called into court and enter into a recognizance to appear at the next term, and after the case had been continued a few time, the defendant by his attorney, would move the court that the indictment be quashed, and the court would order and adjudge that the case be quashed, and the defen- dant went forth free Of all the men indicted for murder while Wilson was on the bench, poor Jackson was the only one to suffer for his crime, and Jackson had neither friends or money. When he had abandoned all hope of reprieve or executive interferance he made the following confession which the writer copied from the Andrew Courier, a paper published in Andrew at that time.
"I Joseph T. Jackson, being of sound health, both in body and mind, do in view of the shortness of the time I have to live, make the following confession, as the last act of my life, whatever is stated here is subtantially correct, perhaps there may be a slight variation in date of some of the early transactions of my life, but the substance matter is correct and written by my particular request.
"I was born on the 28th of November, 1 01, in Madison county, Ken- tucky, and raised in the county of Bourbon, 10 miles east of Paris, 112 miles north o North Middleton, and was engaged in transacting business and droving in and from the last mentioned county for Lindsey and Hutchcraft. While I lived in Kentucky I lived a peaceable life, and nothing was ever alleged against me there that I know of. In 1825 I was married to Nancy Neal. In 1828 we moved to Sangamon county, Illinois, where I followed my above business for A. Heredith and A. G. Slow & Company of Alton. I also done business for myself in driving stock to the mines. There we lived in peace and contentment for several years, and then meeting with several losses of property and through the interferences of the friends of my wife caused her and I to live a disagreeatle life, she claiming a divorce from me, and after claiming it a number of times we mutually agreed to part. I then removed to Wisconsin and after being there some time made an agreement with Mary Ambler to marry her but never could from the fact that I had never been divorced from my former wife. I then with Mary Ambler removed to Iowa Territory calculating at the spring term of court to get a divorce from my former wife and marry the said Mary Am- bler. 'Twas then the commencement of my misfortune took place. The misfortune referred to I will here enumerate.
"On the 30th of November, Zopher Perkins and myself were coming from Dubuque, and at the foot of Hamilton hill the said Perkins stole a pig of lead. I endeavored to dissuade him from retaining it. He persisted in keeping it and hid it in his sleigh until he got within a half mile or such a matter of home. He then hid it in the hollow of a log. I then feeling dissatisfied about the matter, inasmuch as I was in company with him, mentioned it to Mary Ambler. She advised me on account of his wife and family to say nothing about it as it would injure the character of his daugh- ters who were grown up. On the 4th day of December I showed Isaac Dye
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