History of Buchanan County, Iowa, with illustrations and biographical sketches, Part 19

Author: Williams bros., Cleveland, pub. [from old catalog]; Riddle, A. G. (Albert Gallatin), 1816-1902
Publication date: 1881
Publisher: Cleveland, Williams brothers
Number of Pages: 574

USA > Iowa > Buchanan County > History of Buchanan County, Iowa, with illustrations and biographical sketches > Part 19

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

The coroner's jury spent some time in their examina- tion, and finally found that Mrs. Thomas was killed by poison administered by her husband.

An information was filed against Mr. Thomas; and, after an examination that lasted about four days, the justice held him to answer for the charge of murdering his wife by administering poison, to wit: strychnine. On the preliminary examination it was shown by the prose- cution, that when Mrs. Thomas was first taken sick, she and her husband were at home alone; that he gave her some chicken broth that had been prepared by some one for her; that she complained of its bitterness, and shortly after, went into spasms, and that he called in some of the neighbors to assist in taking care of her. To them she stated, on coming out of the spasms, that the broth was very bitter. The physician that was called to see her the next day, testified that Thomas told him that she had these spasms and had been subject to them for some time; that she would die in a spasm some day; that it was no use to doctor her, as nothing could cure her, and told the physician that he need not come again. The doctor who made the post mortem examination, testified that there were no indications that she died from disease ; that her symptoms were those tetanoid convulsions. That strychnine poison would produce tetanus, and the convulsions as testified to by witnesses present when she died, and as shown by the condition of the body when exhumed, and by her general appearance.

* Communicated by Jed. Lake, esq.

HISTORY OF BUCHANAN COUNTY, IOWA.

The chemist, Professor Hinrichs, of Iowa State uni- versity, who analyzed her stomach, testified to finding strychnine that would indicate that she had taken about one-half grain of the poison. The witnesses also testi- fied to the facts as to the intimacy between Mr. Thomas and the widow Fay: that he gave her money frequently, and built her house, and improved her farm. Others that he ordered merchants at Independence to sell her goods that she might want, and he would pay for them; and the fact that he did pay for large amounts of goods that she purchased.

Messrs. Lake and Horman, and Mr. Jamison were employed on the defence by Mr. Thomas. They ex- amined the facts of the case, aside from what was proved on the preliminary examination. After a careful ex- amination, they came to the conclusion that delay was a good defence; and therefore, were not ready for trial. The evidence for the prosecution was mostly circumstan- tial, and the small amount of strychnine, as shown by Professor Hinrich's analysis, left the case in some doubt ; so that the prosecuting attorney was not anxious to urge the case to trial.

Mr. Thomas was confined in the county jail, but, be- ing an old and feeble man, was allowed large liberty by the jailors, and had a fairly comfortable time. He was in the jail where a large number of very tough customers were confined then. They desired to try to break jail, but did not dare to try to get Mr. Thomas to go with them. So they contrived, in some way, to stupify him in his cell. But their plan was frustrated by some other means. They succeeded in getting out of jail, but were all recaptured in a short time. After that, Mr. Thomas, at another time, put the sheriff on the watch for tools that had been prepared by a noted burglar, then confined in jail, to get out. This so enraged the other prisoners that it was deemed unsafe for him to be with them, and Mr. Thomas was removed to better quarters in the jailor's house. His case, in the meantime, was not called for trial, but was continued by consent of counsel. In the spring of 1872 he was taken sick, and, in a short time, died.

Thus the facts, as they might have been found by the jury on a full trial, will never be known. If innocent, the man was most unjustly dealt by. If guilty, he ought to have been tried and punished. He has, however, gone to his reward; and to be judged where all truth is known. The willingness of his attorneys to allow his case to linger on the docket, is evidence that they did not have the most unbounded faith in his innocence.

DEADLY ASSAULT, MURDER, AND SUICIDE.

On Sunday evening, February 17, 1878, Mr. Sidney Toman and Miss Matie Sherwood were returning to In- dependence from Fairbank township, where the latter had been stopping two or three days, visiting friends. They were in a covered buggy, and it had become dark (or rather, moonlight) before they reached town. Near the southwest corner of the Catholic cemetery young Toman stopped the horses for a moment to adjust the buffalo robe, when some unknown person leaped upon

the back part of the buggy, thrust his hand through the cover and discharged a pistol. The discharge not taking effect, Toman attempted to whip up the horses, but could not make them move-the supposition being that an accomplice of the ruffian was holding them. There- upon, resolved to sell his life as dearly as possible, if killed he must be, Toman jumped from the buggy and seized the man who had fired the pistol. A scuffle ensued, during which several more shots were fired, two of them taking effect on the left side of young Toman's head and face. One was slight, though causing the blood to flow profusely. The other was more serious, the ball lodging among the muscles of the face, where it remained until removed by the physicians.

The would-be assassin, having emptied all the cham- bers of his revolver, succeeded in releasing himself from his intended victim; who though weak from his struggle and the loss of blood, managed to get into the buggy and drive into town, Strange to say, the assailant, as the buggy started, leaped again upon the back part of it and remained there until it arrived near the Central depot, when he jumped down and disappeared. Whether or not he tried to reload and finish his work, will never be known.

The first suspicion, so far as the public knows, con- cerning the perpetrator of this diabolical outrage, fell upon a roving and dissipated character, named Jim Strohl; who, with an unknown companion, was seen near the Central railroad station, on the afternoon before the occurrence. He had recently been in the peniten- tiary, and it was said, was harboring a grudge against young Toman for some things that had been said about him in the Independence Bulletin, of which paper Mr. Toman was local editor. One of the suspicious circom- stances implicating Strobl and his companion, was the finding of some wet handkerchiefs, one of them stained with blood, in the pockets of their overcoats, which had been secreted under the plank-way at the Independence mill. Considering all the circumstances, it was thought best to have them arrested on a charge of vagrancy, that the authorities might have time for further investigation. This was accordingly done, and they were sent to jail for ten days. Before the ten days were up, it was thought that sufficient facts had been discovered to implicate them in the attempted murder. Being rearrested on that charge, they waived examination and were recom- mitted to await the action of the grand jury.

That body met about the middle of March; and, after a three days' hearing, the two accused boys (for Strohl had hardly reached his majority, and the other, Rourke, alias Henderson, was only seventeen) were held in the sum of three thousand dollars each to appear at the next term of the district court. The chain of evidence which led to this result was about as follows:

The boys left Raymond, the second station west of here, between twelve and one o'clock, Sunday P. M. While there they were seen to have in their possession a pistol known as a "four shooter." They arrived here, and were seen on Main street bridge about half past five. About six, three persons were seen near the central

HISTORY OF BUCHANAN COUNTY, IOWA.

crossing, one of them identified as Henderson, and another wearing a coat and cap similar to those shown in court as the property of Strohil. About dusk three persons (supposed to be the same) were seen going in a northwesterly direction up the slough. Mr. Hayes saw three persons, a little later, near the place where the shooting occurred, but could not identify them. Mr. Morse, living in that vicinity, heard the shooting --- "four shots in quick succession, and only four were fired." This corresponds with the four-shooter shown by the boys at Raymond, but not with the recollection of young Toman. These circumstances, with the threats made by Strohl against Judge Toman and family, made a bad looking case for the boys. Still, many puzzling questions were asked by those who doubted that the boys were the guilty parties. Two things were evident: First, that the motive of the assault was a grudge of some sort; and second, that the person or persons who planned and perpetrated it, knew that Toman was to pass that way about that time. If, therefore, Strohl and his companion knew it (arriving in town late as they did Sunday even- ing) they must have been informed by some third party. But no such party was ever found.

The case was called for trial at the next session of the district court, on the seventh of May. Rourke had been bailed by his friends, and was not to be tried at this session. The case was managed, on the part of the State by District Attorney Powers, assisted by Mr. Holman, of Independence; and on the part of the defence by Charles Ransier and an attorney by the name of Gannon, of Davenport. The trial lasted four days-that is, until Saturday night, the tenth of May, when the case was given to the jury. After being in consultation over it all night, they brought in a verdict of guilty. Strohl re- mained in jail until the June session of the court, when, on Saturday, the twenty-second of that month, the appli- cation for a new trial having been overruled, he was sentenced to five years imprisonment in the penitentiary at Anamosa.

THE SEQUEL

of this strange trial is too tragic, the events which com- pose it are too recent, and the living whose hearts bled, and still bleed in consequence of it, are too numerous to justify a minute description here. But this history would be imperfect, and its patrons would have some right to complain of injustice, if all allusion to these events, as notorious as they are sad, were to be avoided. While, therefore, any mention of them must doubtless be pain- ful to some, we will endeavor to make our comments upon them so brief, and withal so charitable, that none shall have just occasion to censure us.

Miss Matie Sherwood, the young lady who was with Sidney Toman at the time of the assault related above, and who was commonly understood to be engaged to him in marriage, had another lover, Clarence Shaw, who seemed to be completely infatuated by her many attrac- tions; and who, on the other hand; seemed to exercise over her a strange sort of spell. It is not our intention to give anything like a history of this ill-starred attach- ment; but we cannot forbear to say that the terrible re-

sults of it should prove a warning to all young people to keep the sentiment of love within the strictest bounds of honor, morality and religion. Especially should everything like love making between two parties, either of whom is affianced to a third party, be frowned upon, not only as dishonorable, but as an actual crime against society, by all, both old and young, who have the good of society at heart.

It is not known that the rivalry of the two young men, in regard to the young lady in question, had ever pro- duced any open rupture between them ; but both must have been either more or less than human, if it did not cause at times, on the part of both, a pretty strong feel- ing of jealousy.

During the trial, and after it, the feeling was general, even among those who believed Strohl to be guilty, that there was a third party yet undiscovered more guilty than he. This feeling was so much intensified after Strohl's conviction, that a detective was employed to ferret the matter out. Suspicions began to point to young Shaw as this third party, and these suspicions coming to his ears, annoyed and disquieted him greatly. His conduct became more and more strange, and many of his actions and words, on the day of the fatal deed, partook strongly of the character of insanity.

But whether, or not, he was guilty of the shooting of Toman, it is not probable that remorse, or the fear of apprehension, alone, impelled him to the terrible act which he finally committed. Toman was alive and well. A frank confession that he had assaulted him in a mo- ment of frenzied jealousy, accompanied by an openly avowed resolution to atone, as far as possible, for his crime, by a future course of virtuous living, would un- doubtedly have saved him from the penitentiary, and re- gained for him at length the good opinion of the com- munity; whereas, the double crime with which he left the world, would be looked upon by many as a confes- sion of the smaller crime of which he was suspected. No, the infatuation of a misplaced and hopeless love, was probably the principal cause that goaded poor Shaw to the commission of murder and suicide.

What little we have to say in regard to this fearful tragedy, will be taken mainly from a long account of the affair, published in the Independence Conservative, of July 10, 1878 -- the Wednesday after the act was com- mitted

To lay before the readers of the Conservative an account of the re- cent sad occurrence, is, indeed a painful task. Last Saturday night, at ten o'clock, Clarence Shaw, aged nineteen years, and an employe of this office, shot Miss Matie Sherwood, twenty years old, daughter of Thomas Sherwood, and then shot himself. The shooting was done at the residence of W. S. VanOrsdol, sheriff of this county. They had gone thither after tea, by appointment, to meet Miss Minnie VanOrs- dol, and Mr. John Evers. After conversing for a while, the four start- ed out for a walk. They had not gone far when the two couples sepa- rated-Clarence and Matie proceeding to the river for a boat ride During the walk the strange actions of both had excited the apprehensions of Mr. Evers and Miss VanOrsdol ; and, after the for_ mer had gone to the river against their expostulations, the two latter hastened to the store, where Charlie Sherwood, a brother of Matie, was employed, and informed him of their fears concerning his sister and Clarence.

Charlie hastened to the river and got there just as Clarence was pushing the boat off. Charlie rushed into the water and pulled the

HISTORY OF BUCHANAN COUNTY, IOWA.

boat to shore. He then told his sister to go home, and she started, Clarence accompanying her and Charlie following behind. They passed directly along Genesee street until they arrived on the corner at Dr. Hunt's. Clarence then said that they must go to Mr. Van Orsdol's and get their things.

The narrative does not say whether anything had really been left there, or whether this was merely a ruse for the sake of carrying out the fatal programme. However this may be, the three returned to Mr. Van Orsdol's. Clarence and Matie went in and Charlie re- mained at the door. After being admitted Clarence asked Miss Van Orsdol for some water lo wash his hands, "as the rope on the boat had dirtied them." He was shown to a bedroom, which he entered-Miss Sher- wood following. Miss Van Orsdol, after pouring some water into a bowl, stepped out for a moment, but scarcely had she gone six steps when she heard the report of a revolver twice. Charlie Sherwood rushed in and found them both lying across the bed, shot through the head. Matie lived about twenty minutes, and Clarence about an hour after. Physicians were summoned, but nothing could be done.

Messengers were sent to inform the parents of the unfortunate young persons. We forbear to dwell on the sorrowful scenes witnessed when tidings of the terrible tragedy were imparted to the parents. The bodies, after being cared for, remained at Van "Orsdol's until Sunday morning, when they were taken home.

The funeral of Shaw took place Sunday afternoon at five o'clock; that of Miss Sherwood on Monday afternoon at two o'clock.

How the thoughts crowded in upon our minds. Two days before who would have thought of such an event? Saturday evening on earth; Monday, the souls in eternity and the bodies in the cold grave. Sad the thoughts; sadder the scenes; saddest the stern reality.

Miss Matie Sherwood was a pleasant, interesting and engaging young lady-romantic, sympathetic. She moved in the best society, and had many warm friends. Her death, and the terrible tragedy con- nected therewith, will long be felt in this community.

Of Clarence Shaw we wish to say a few words. Having been in our employ for four years, we believe our opportunity for knowing his character was better than that of any other person, excepting his par- ents. He came to us a boy, in September, 1874. An almost daily intercourse with him from that time forward, has led us to regard him only with the kindliest feelings. He was strictly honest and temper- ate, and withal intellectual; and had he not become enmeshed in the toils of an infatuated love, we believe he would have made more than an ordinary man; but a morbid sentimentalism got the better of him, and one thing led to another until he struck down himself and the girl he worshipped. It was in this that he showed a weakness that surprises us.

Here we close our extracts from the Conservative, and let the curtain drop upon the awful tragedy. Whether it was Shaw who made the deadly assault upon Toman- whether Matie Sherwood was consenting to the sacrifice of her own life with his-whether he was of sound mind when the dreadful act was committed, and what amount of guilt rests upon the souls of both for its commission- are solemn questions upon which the grave has set its seal till the great day of final account. We shall not attempt to forestall the decisions of that day.

Mainly on account of the evidence adduced before the coroner's jury, Strohl was released from prison on his own recognizance, pending an appeal which had been taken to the supreme court. That court reversed the decision of the court below, and sent the case back for a new trial. But the district court dismissed the case without a hearing. Rourke, of course, was never brought to trial.

CHAPTER XI.

COUNTY SOCIETIES.

THIS chapter will comprise the history of all the asso- ciations of a public character, whose membership ex- tends over the entire county.

We begin with the

EARLY SETTLERS' ASSOCIATION,

not because it is first in the order of time, but because it seems more nearly related than any other to the first settlement of the county.

Owing to the comparatively recent date of its organ- ization, we are enabled to give our readers a fuller ac- count of the meetings held, addresses delivered, etc., than would be practicable if its history extended over a much longer period.

The first formal organization of the pioneers of the county took place in the autumn of 1875, Several of the old residents of Independence and vicinity united in a call for a meeting, to be held on the ninth of Sep- tember. It was intended to hold the meeting in a grove near the town, but, the weather proving unfavorable, it was held in the court house. Quite a good number of the early settlers came together, and unanimously adopt- ed the following

CONSTITUTION :

We, the pioneers in the settlement of Buchanan county, assembled at Independence in said county, this ninth day of September, 1875, having resolved for our mutual interest and happiness to unite ourselves into a permanent organization, do hereby, for that purpose, make, or- dain and adopt the following constitution, to wit :

ARTICLE I. This organization shall be known and desingated as "The Early Settlers' Association of Buchanan county, Iowa."

ARTICLE II. The officers of this society shall consist of one presi- dent, one secretary, one treasurer ; and also one vice-president from each township having resident members of this association.

ARTICLE III. All officers shall be elected annually, at the regular meeting of the association, as hereinafter provided; and shall hold their office until their successors are elected.

ARTICLE IV. The president shall perform the usual duties apper- taining to that office; shall countersign all orders drawn upon the treas- urer; and, in case of his absence or inability to act, the duties of presi- dent shall devolve upon the first on the list of the vice-presidents able to act.

ARTICLE V. The president and vice-presidents shall constitute an executive committee, whose duty it shall be to make all necessary ar- rangements for meetings of this society; examine and audit all claims against this society, and attend generally to all business thereof, not otherwise provided for.

ARTICLE VI. The secretary shall keep a record of all proceedings of the society and of the executive committee; also a record of all deaths of members of the society, so far as shall come to his knowledge, and attend to all necessary correspondence of the society, and draw orders on the treasurer for the payment of all claims allowed by the executive committee, keeping a record thereof; receive all money paid to the society, and hand the same over to the treasurer, keeping an ac- count thereof.

ARTICLE VII. The treasurer shall receive all the money from the secretary, belonging to the society, safely keep the same, and pay it out only on orders of the secretary; report to the executive committee, at each annual meeting, the amounts received and expended, and pay over to his successor in office any and all moneys remaining in his hands, belonging to that society.

ARTICLE VIII. The society shall also report annually; and both secretary and treasurer at any time when requested by the executive committee.

ARTICLE IX. Any resident of the county, who has resided therein for twenty years, may become a member of the society by presenting his name to the secretary for record.

HISTORY OF BUCHANAN COUNTY, IOW.1.

ARTICLE X. The expenses of the society shall be paid by voluntary subscription, unless the society shall, at a regular meeting, provide some other method.

ARTICLE X1. The annual meetings of the society shall be held on the first Thursday of September of each year, at some place near the centre of the county, designated from time to time by the executive committee.

ARTICLE XII. The executive committee shall meet annually, at the time and place of the meeting of the society, and shall hold such special meetings as may be called by the acting president, or by a ma- jority of the members of said committee.

ARTICLE XIII. This constitution, or any by-laws or rules adopted thereunder, may be altered or amended at any annual meeting of the society, by vote of a majority of the members present and voting.

After the adoption of the above constitution, the so- ciety proceeded to the election of officers for the ensuing year, which resulted as follows:

O. H. P. Roszell, president; J. S. Woodward, secretary; James Jamison treasurer; J. B. Ward, Madison township; C. H. Jakeway, Buf- ffalo township; Samuel Sufficool, Hazleton township; Francis Pingree, Fairbank township; Charles Melrose, Perry township; Ephraim Miller, Washington township; S. G. Pierce, Byron township; James Fleming, Fremont township; A. Risley, Middlefield township; S. Swartzell, Liberty township; A. C. Blakely, Sumner township; Peter Ham, West- burgh township; George Frinke, Jefferson township; Eli Norton, Homer township; John Newell, Cono township; Charles Hoover, Newton township; vice-presidents.

The following names of members were taken at this meeting, in accordance with article nine of the constitu- tion:

Willian A. Jones, David Cill, B. C. Hale, S. Swartzell, E. A. Cam- eron, C. Jakeway, J. G. Litts, C. Wilson, John Carson, D. L. Lee, John Cameron, John H. Anderson, L. D. Ingall, Charles Melrose, Jesse Ozias, B. B. Warren, A. C. Blakely, Joel Fisher, Thomas Scar- cliff, D. Robinson, J. Slaughter, David Agnew, S. M. Eddy, Peter Ham, Harvey Norton, Eli Ozias, Thomas Ozias, Eli Norton, S. G. Pierce, H. Sparling, W. O. Curtis, M. A. Glass, J. C. Glass, E. Cobb, E. B. Older, Eben Little, J. J. Travis, M. Burbridge, J. M. Blakely, John Logan, E. Miller, B. W. Ogden, J. W. Plumerfelt, A. M. Bryant, Rebecca Chitister, J. C. Neidy, Lovina Sparling, J. S. Woodward, O. H. P. Roszell, James Jamison, Mary Jamison, John L. Frinke, J. R. Megonigan, J. 1 .. Norton, Charles Hoover, Rufus Brewer, F. W. Car- don, E. Mosher, Charlotte Minton. Alice J. Burroughs, Charles A. F. Roszell, Mrs. S. C. Little, C. H. Little, F. M. Curtis, Charles Kautz, J. C. Wroten, James Poor, E. B. King, S. S. Allen, John S. Bouck, C. Gideon Ginther, Lyman R. Varguson, George McFarland, William Bunce, Alexander Risk, J. Wiley, G. Walker, William Slaughter, Wil- liam H. Gifford, A. E. Morphy, S. G. Gifford, Mrs. J. Wiley, Asa Blood, W. G. Cummings, Z. P. Rich, Martha Hoover, Warren Chase, Thomas Edie, D. G. Dunlap, Don F. Bissell, Samuel H. Miller, John O. Cummings, William Waggner, Margaret A. Waggner, Mrs. Almina Miller, J. C. Stevenson, Lovinia Edie, Mrs. E. M. Sampson, Lydia Rich, Janet Glass.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

History of Buchanan County, Iowa, with illustrations and biographical sketches, Part 19

Author: Williams bros., Cleveland, pub. [from old catalog]; Riddle, A. G. (Albert Gallatin), 1816-1902 Publication date: 1881 Publisher: Cleveland, Williams brothers Number of Pages: 574

Author: Williams bros., Cleveland, pub. [from old catalog]; Riddle, A. G. (Albert Gallatin), 1816-1902
Publication date: 1881
Publisher: Cleveland, Williams brothers
Number of Pages: 574