USA > Iowa > Benton County > History of Benton County, Iowa. From materials in the public archives, the Iowa Historical society's collection, the newspapers, and data of personal interviews > Part 27
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No witnesses were introduced by the defense, no argument made, and the fiend was committed to await trial.
SOME LATER CRIMES IN "HELL'S ACRE." ยท
For several years, in the '70s. one William Hicks and a family named Jones, had been held in bad repute and suspected of being connected with much of the mischief and petty thieving that had been going on in Hell's Arre for years. Unlike the outlaws of thirty years ago, whose principal occupation was stealing horses and passing counterfeit money, their successors were in the habit of stealing anything they could get their hands upon. Having tried the law as a remedy for these petty ontrages and failed, the Regulators determined to take the law into their own hands. Anonymous letters were sent to Hicks and Jones, warning them to flee from the wrath to come, and leave the country. but without
effect. The suspected parties continued to live in the neighbor- hood, and still the petty depredations continued. until on Monday night. July 10. 1878. a squad of persons unknown visited Hick's premises and set on fire his two stables and a small frame building near the cabin in which he lived. Aroused by the fire, Hicks came out and was greeted with a volley of musketry. He was wounded in the head and right leg and foot, but "broke" for the brush and made his escape. The Vigilantes then visited Jones and fired several volleys at the house. but failing to bring anybody ont. they dispersed. After these demonstrations several suspected persons and families left the Red Cedar region.
On Sunday morning, July 7. 1878. John Mason, who had long sustained a bad character, and well known to the officers of the law, was on his way from Cedar Rapids To the house of his sister. in Benton township. When near Mills Creek. he became alarmed by something suspicious in the brush, and leaped from the buggy. He was fired upon by someone concealed in the woods. and fell
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mortally wounded. It is said that Millard F. Tracy was about to fire at the man again after he fell. but was prevented by Henry Fisher, and Mason was taken to Fisher's house where his wounds were dressed. Ile was then carried in a wagon to Tracy's house, accompanied by G. F. MeCoy and Charles Hanover. Between twelve and one o'clock Sunday afternoon. the wounded man was lying on a bed in the southwest corner of the south room in Tracy's dwelling. Hanover was sitting on the east side of the room. Tracy and McCoy. it is said, were seated at a table on the north side of the north room. At this time a party of ruffians. number- ing six or seven. disguised by wearing hoods drawn over their heads and coats turned inside out. appeared at the door of the house. Tracy and McCoy testified that the assassins fired a volley at them as they sat at the table. but did not injure them. However this may be. and their testimony is not received with implicit credence, the murderers passed into the south room to the bedside of Mason, and perforated his body with bullets. Five wounds at least. any one of which would have proved fatal, were found by Dr. Lang- stroth. of Vinton.
Information that a man had been murdered in Benton town- ship. as above stated. was brought to Vinton in the afternoon, and Sheriff Smith, Coroner Kirkpatrick. Dr. Langstroth and others, started for the scene of blood, and found the dead body of the man lying where he had been murdered. The remains were brought to Vinton, arriving about midnight. and an inquest was held in the morning (Monday, July 8th). The verdict of the coroner's jury was, substantially, that the deceased came to his death at the hands of a party of masked men, by wounds inflicted by bullets dis- charged from revolvers.
The body lay exposed to public view on a table in the court house vard for a time. and presented a most horrible and ghastly spectacle.
It is stated that Mason had several hundred dollars in money in his wallet, and a watch in his vest. He took the money out of his vest pocket and put it under his pillow when he lay down in the bed in Traey's house : but after his murder, 'neither vest. money nor watch could be found.
For cowardly brutality and cold blooded atrocity. this murder of Mason has seldom been equaled in the annals of crime. It was a startling culmination of a long-continued carnival of lawlessness, and awakened the citizens of the county to the necessity of prompt
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FRANK A. NOVAK
SENT NOVAK TO PRISON
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and energetic measures for the termination forever of this terrible state of affairs that has been so long a disgrace to the county.
It proved to be one of the last terrible blots upon the reputa- tion of Benton county, and was the commencement of the end of "Hell's Acre." The crime which created the most wide-spread interest of any ever perpetuated in this part of lowa did not originate in "Hell's Acre." or even "Egypt," but in the little town of Walford in the southeast corner of the county, and the cold blooded murder, then so ingeniously committed, is less than fourteen years old.
THE FAMOUS NOVAK CASE.
Perhaps no criminal case in Iowa, certainly none in Benton county, and few, if any. in the west, has attracted so much attention as the murder of Edward Murray by Frank A. Novak. The crime was committed on February 2. 1897. Previous to that time Novak was a well known. popular and dashing young merchant and banker of Walford, Benton county. He had been engaged in a large general merchandise business and was operating a country bank in connection with his business. On the night mentioned. his general store and bank was burned. No one saw Novak during or after the fire. Hle disappeared as if the earth had swallowed him up. The very badly charred remains of a human body were found in the ruins and by many this body was supposed to be Frank A. Novak. The fire occurred about one o'clock in the morning. Two hours before that. an easy-going and very little known farmer, Edward Murray, was seen with Novak in his store. Nothing was seen of Murray during or after the fire.
For some time it was thought that two human bodies would be found in the ruins. The most diligent search was made but no trace of a second body could be found. The body found in the ruins was burned beyond recognition. Novak was missing, and his friends claimed that the charred remains were Novak. Murray was missing and his friends claimed that the remains were his burned body. Suspicion arose. The officers investigated.
M. J. Tobin, who a few weeks before was elected county attorney, took charge of the case. A coroner's inquest was held. It took three days. It was scoret. The publie was greatly ex-
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cited. Two different sets of people were claiming the one body. A full hearing was given to all. Careful examinations were made by County Attorney Tobin. During the examination he gathers: facts which satisfied him that Novak was not dead. Two facts demonstrated beyond question that the dead body found in the ruins was not the body of Frank Novak. These two facts cox- sisted of evidence from Novak's dentist, who appeared at the in- quest to identify the body as that of Novak. but after an examina- tion of the teeth he swore that it was not Novak's body : and from the fact that a very small remnant of the shirt worn by the dead! person had been preserved. np under the arm-pit. This was found to be a piece of the shirt Murray wore the day of his death.
Further investigation showed that Novak was on the verge of insolvency : that but a short time before he had taken out a large amount of life insurance, aggregating $29.000.
The county attorney. acting upon these facts. set the machinery of the law in operation and started to run down the murder-". The Thiel Detective Agency was called into service and some of its best operatives were placed in charge. The most intricate work was done by Captain Peterson, of the Chicago office. Step in step Novak was followed in his cunning flight across the country and into the Yukon mining country. This was in the early days of the Klondike and when but very little was known about the cour- try. but the detectives were successful. and found that Novak hai left Juneau to cross the trail for Dawson City. When this fact was established "Red" Perrin. a detective of great endurance and courage, was sent to get the man. lle found Novak going mides the name of J. A. Smith at Dawson City, and in the space of eigh: months landed him in the Benton county jail.
On November 9. 1897. nine months after the commission of the crime. Novak was placed on trial in Vinton. The character of the crime. the mysteries surrounding it. Novak's wonderful flight to the Klondike in those early days, the remarkable seereer of the defective's work and the splendid results attained. caused @ wide and a deep interest to be manifested in the trial. Newspaper- from all over the country had their correspondents present. TE. state was represented by County Attorney M. J. Tobin, who had co-operated with the detectives and had developed the evidence. he
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being assisted by E. L. Boies, one of the keenest and most per- suasive lawyers in Iowa. The defense was represented by a large staff of lawyers, headed by Tom HI. Milner and J. J. Ney. Hon. G. W. Burnham was presiding judge.
The trial lasted thirteen days. They were days of wonderful interest and excitement. characterized by sharp conflicts between the attorneys and sensational evidence, which the defense did not know anything about until presented. For instance, it was clear- ly shown at the trial that the skull of the dead man had been fractured. and a large blood clot found which showed the blow was delivered before death. and that blow caused death. The jury retired for deliberation in the afternoon and remained out until after midnight. At all times the jury stood eleven to one for conviction of murder in the first degree. A compromise verdict was finally reached and the jury brought in a verdict of murder in the second degree and recommended that the defendant be sentenced to ten years in the penitentiary. Judge Burnham dis- regarded the recommendation of the jury and sentenced the de- fendant to the penitentiary at Anamosa for life.
Novak remained in the penitentiary at Anamosa until that institution was changed to a reformatory, when he was transferred to the penitentiary at Fort Madison. At all times since he has been in the penitentiary. Novak has made a good prisoner.
A few days before Governor Cummins resigned as governor of Iowa, in order to become United States senator. he pardoned Novak, which pardon was to take effect in 1911. So that next year Novak. under the pardon of the governor, will be set at liberty. This action of Governor Cummins has never been explained and it has met with almost universal opposition and condemnation from the people of Benton county. It goes without saying that if Novak was believed to be innocent. his pardon should have been made immediate. On the other hand if Novak was believed to be guilty. on account of the cold-blooded. premeditated and mereinary character of the crime. he should have remained in prison during his natural life.
Vol. I-20
CHAPTER XV.
THE BENTON COUNTY DOCTOR.
A CONTEST FOR HEARTS-MISSION OF THE FRONTIER DOCTOR- VINTON'S FIRST PHYSICIANS --- FIRST BELLE PLAINE PHYSICIAN --- DR. MARION MEREDITH-DR. C. C. GRIFFIN -- DR. STEPHEN M. COOK- DR. CHARLES B. CHENOWETH-BENTON COUNTY MEDICAL SOCIETY -IOWA UNION MEDICAL SOCIETY.
The householder of 1910, whether living in the city or country. especially if he is of this generation, knows little of the warm place into which the faithful old-fashioned country physician settled among the frontier people of the west. In those days circuit rider and country doctor were true brave missionaries together, breasting the heats and blasts of all seasons. breaking through the often woodless and trackless forests. and. when not striving with all the strength of their manhood, to bring succor to the suffering in mind, body or estate, building their cabins and plowing their fields with their widely scattered fellows.
A CONTEST FOR HEARTS.
It was a beautiful contest in the pioneer times of Benton coun- ty, as in every other frontier region, between the minister and the doctor-an unconscions contest, on the part both of the principals and those to whom they brought either relief in suffering. or com- fort in afiliction; it was a Christian strife for the possession of hearts on one side, and ofttimes. an awkward and homely attempt by backwoodsmen and women to show their gratitude for the sal- vation of souls aud bodies dear to them, or their appreciation of unavailing efforts. It is not for us to decide who won the deepest or the warmest honors.
MISSION OF THE FRONTIER DOCTOR.
The year 1910, when medical relief in any part of Benton conn- ty can be summoned through the telephone, or telegraph, at half
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an hour's notice, is not 1850. when it might mean a wild and breath- less ride of miles before the country doctor could even be told that a loved one was lying perhaps at the point of death. Even now the waiting is long and heart beats fast with dread that the shadow may be approaching. but you may jealously guard your treasure to the best of your powers until more skilful help replaces yours; but then someone deeply concerned had to summon the doctor personal- ly, and perhaps it was hours before help arrived. Perchance, after riding miles through forests and over a trackless prairie, a father, brother. or even mother or sister. would route out the doc- tor's household in the middle of a stormy night, or dreary dawn, only to find that their looked-for savior had been summoned to at- tend some other distressed family miles away.
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But with the safe and successful delivery of the message, and the speeding of the messenger to the waiting ones at home, with what pale. eager. almost awed faces did the family of the wilderness wait for the coming of the country doctor! The dear child of the house is perhaps gasping in the burning waves of a fever, or shaking like a leaf with a malarial chill. The usual household remedies have all failed and the fight between life and death has been sub- mitted to the doctor and to God. The good man is welcomed with open hearts and openly tearful fares. Perhaps he has no medical diploma and would not pass the 1910 board of examiners. But he has "pulled through" a father or a mother before, and may do the same for the blossom of the family.
The good country doctor does not charge for his services by the hour. or keep his watch before him to time his visit. He sees his patient over the danger point. if the stage of the disease is critical. He stays the withering of the blossom. forces back the hot waves of fever or stills the spasms of malaria : the little one falls into a natur- al sleep : the country doctor puts on his big coat: the man of the honse leads his saddled horse from the shack called a barn. and young and old stand at the door to see him off, gratitude beaming from every tired eve. As long as men, women and children are of the human kind. live upon the earth and prefer the warm touch of hands and the kindly light of the loving eye. they will fall down before the faithful doctor who has kept their dear ones here a little longer ; and when he so grandly honors his calling and his manhood. as did the physicians of Benton county sixty of seventy years ago they would not go far amiss to look upon him as a worthy brother of the frontier missionary of the Cross.
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VINTON'S FIRST PHYSICIANS.
Dr. J. C. Traer was the first physician to locate at Vinton and one of the first in the county. IIe practiced several years after locating there in August, 1851, but afterward studied law in which he became also prominent. As he was the city's first banker and ' has a fine public record, Dr. Traer should be awarded the palm, among the pioneers of Benton county. for versatility, ability and all-around usefulness.
Dr. C. W. Buffum, who came to Vinton the same year, gave his time more to politics and the popular "jug" than to his profession. Hle was elected clerk of the district court in 1850, and in the follow- ing year was forced to resign under a black cloud which rested heavily on his moral character.
FIRST BELLE PLAINE PHYSICIAN.
In 1863 Dr. Crawford settled at Belle Plaine as its first physi- cian, and in that year (the town was platted in 1862) built one of its first residences.
DR. MARION MEREDITH.
The late Dr. Marion Meredith came to Vinton in 1866, after having served in the Civil war as surgeon of the Sixty-eighth Indiana Volunteer Infantry. He was a very successful and popu- lar practitioner and at one time held the office of trustee of the Towa Union Medical Society, and physician for the State College for the Blind. Dr. Meredith was a Hoosier, but received his pro- fessional education in the Medical Colege of Obio. from which he graduated shortly before coming to Vinton. JIe died at Vinton December 28, 1904. The doctor was not only prominent in his profession, but assisted in the organization of such institutions as the Iowa Canning Company and the People's Savings Bank.
DR. C. C. GRIFFIN.
Dr. C. C. Griffin has practiced at Vinton continuously for more than forty years, and is one of the pioneers of the profession. He served in the Civil war, after which he took his medical course at
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the Michigan University, from which he graduated in 1868. The doctor has since continuously practiced at Vinton.
DR. STEPHEN M. COOK. .
Dr. Stephen M. Cook has practiced at Belle Plaine since 1877, first visiting the place in July, 1864, when the Northwestern rail- road was being built. He had just been discharged from hospita. service in the Union cause, on account of ill health, and was seeking a location; but the place did not then appeal to him as promising anything for an aspiring physician and surgeon.
DR. CHARLES B. CHENOWETH.
Dr. Charles B. Chenoweth has practiced at Newhall since 188-1, and is a native of Eden township, this county. His father, Isaac N. Chenoweth, was a cooper and farmer of Indiana, who, in 1852, located on the north half of section 2. that township, and, with the sturdy help of a good wife, founded the homestead there. He built the second house in Eden township, retiring to Vinton in 1886 and dying at that place in 1902. The widow joined him in 1910. Isaac N. Chenoweth was among the leading Republicans of the county, serving as one of its supervisors for ten years and treasurer for two. Dr. Chenoweth has also been active in politics, business and public service at Newhall, having been its postmaster at differ- ent times for more than ten years.
BENTON COUNTY MEDICAL SOCIETY.
The first organization of Benton county, under this name, was formed at Vinton, January 26, 1571, by Drs. Wagner, of Blairs- town; Lewis, of Florence; Horton. of Shellsburg; and Lathroy, Boyd, Meredith, Griffin, Clingun and Bergen, of Vinton.
The present Benton County Medical Society was organized at Vinton in the office of the late Dr. M. Meredith on September S, 1903, the preliminary work having been done by Dr. J. E. Luckey. Dr. Geo. E. Crawford of Cedar Rapids, distriet organizer, was present, and made a statement of its aims and purposes and the following physicians became charter members: H. A. Angus; O. B. Beller; C. B. Chenoweth; J. R. Bielenberg; I. S. Boles; A. J. Bryant; A. R. Fellows; C. C. Griffin; C. C. Griffin, Jr .; R. T. Jewell; O. W. King; B. F. Kirkland; J. E. Luckey; Geo. M.
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Luckey ; M. Meredith; Jas. McMorris; G. E. MeCorkle; R. Heslop Payne; C. E. Simpson ; G. A. Wagner; S. H. Watson; J. P. Whit- ney ; J. A. Williams ; J. Worles; G. L. Wykoff; W. A. Vincent.
Dr. M. Meredith was elected president and continued so until his death, when the vice president, Dr. S. IL. Watson, became presi- dent and continued so by reelection until May, 1900, when Dr. J. P. Whitney succeeded him. Dr. J. E. Luckey has been the secretary of the society continuously since its organization. The society has been represented in the state society by its delegates, Dr. Jas. McMorris, Dr. Chenoweth, Dr. A. J. Bryant and Dr. S. H. Watson. succeeding each other in the order named. The censors for 1909- 10 are Dr. Geo. M. Luckey, Geo. Wagner and Dr. E. E. Lashbrook.
The purpose of the society can be best learned from the follow- ing extract from its constitution : "The purposes of this society shall be to bring into one organization the physicians of Benton county. so that by frequent meetings and full and frank inter- change of views they may secure such intelligent unity and harmony in every phase of their labor as will elevate and make effective the opinions of the profession in all scientific, legislative, public health. material and social affairs, to the end that the profession may receive that respect and support within its own ranks and from the community to which its honorable history and great achieve- ments entitle it; and with other county societies to form the Iowa State Medical Association, and through it, with other state asso- ciations, to form and maintain the American Medical Association.
"Every legally registered physician residing and practicing in Benton county, who is of good moral and professional standing and who does not support or practice, or claim to practice, any exclusive system of medicine, shall be eligible for membership."
JOWA UNION MEDICAL SOCIETY.
Many of the physicians of Benton county are also members of the Iowa Union Medical Society, whose officers for 1909-10 were as follows: Dr. A. Crawford, Mt. Vernon. president; Dr. J. B. Kessler. Iowa City. vice president ; Dr. F. G. Murray, Cedar Rapids. secretary ; and Dr. G. P. Carpenter. Cedar Rapids, treasurer.
CHAPTER XVI.
THE CITY OF VINTON.
INCREASE IN POPULATION -- PASSING OF THE RED CEDAR -- RATH- ER "SHADY" FIRST SETTLER-PIONEERS OF VINTON-LOOKING FOR THE COUNTY SEAT-VINTON'S (FREMONT'S) FIRST REAL FOURTH- FREMONT BECOMES VINTON-"VINTON EAGLE" ITEMS 1856-9- MUNICIPAL OFFICERS 1869-1910-OFFICIAL ENDORSEMENT OF GOOD MEN-VINTON'S FIRE DEPARTMENT -- WATER WORKS-ELECTRIC LIGHT PLANT-FREE PUBLIC LIBRARY-THE TELEPHONE COMPANIES -- ''BOOSTER" CLUB OF VINTON-WORLD'S LARGEST CORN-CANNING FACTORY --- GREAT EXPECTATIONS NOT REALIZED-MINNE ESTEMA PARK-THE MASONS OF VINTON -- THE ODD FELLOWS-KNIGHTS OF PYTHIAS-MODERN WOODMEN OF AMERICA-THE EPWORTH LEAGUE.
When the town of Fremont, now Vinton, was platted as the county seat of Benton county, more than sixty years ago, its site was recognized as the one which nature clearly pointed out as almost ideal for a prosperous and healthful town. Situated on land which gradually rises from the southwestern banks of the Red Cedar river, assuring it comparative freedom from overflows and the pioneer's scourge, malaria, with a stretch of heavy timber two miles in width on the opposite shore, the little town grew stalwart and fulfilled the early expectations.
INCREASE IN POPULATION.
By 1854 Vinton had, by actnal connt, two hundred inhabitants. In 1861 the population of the town was 1,010, and of necessity, re- mained about stationary, or slightly decreased, during the war. Its first railroad entered in 1869, shortly after the incorporation of the city, and within ten years Vinton was a community of some 2,500 souls. In 1885 its population was 2,710; 1890, 2,865; 1895, 3,150; 1905, 3,467 ; and the census figures for 1910 are estimated at about 3,700. But many influences and persons contributed to the birth of the little frontier town on the Red Cedar and its develop-
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VINTON LOOKING WEST FROM HIGH SCHOOL.
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ment into one of the prettiest and best towns in Iowa, and, keeping in mind an avoidance of repetition, an attempt will be made to briefly present them.
PASSING OF THE RED CEDAR.
Several years before Fremont was platted the site of the town is said to have been covered by a grove of red cedar, which was cut down by one Thompson and rafted to the St. Louis market. Somewhat later "Cedar" Johnson had a logging camp further up the stream and in 1845 James Newell cut a raft in Black Hawk county, which is believed to have about exhausted the timber in
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WASHINGTON STREET LOOKING SOUTH, VINTON.
this region which gave the river its name. Tradition even pictures as the pioneer logger long antedating Thompson. a creature named Dyer-"a misshapen, hump-backed creature who could neither read nor write."
RATHER "SHADY" FIRST SETTLER.
In 1845, after the site of Fremont had been cleared of its cedar grove. Chauncey Leverich built a cabin near the river, within the present limits of Vinton, but after about a year sold his claim
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