USA > Iowa > Jackson County > History of Jackson County, Iowa; Volume I > Part 31
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Xenophon Perkins had entered the land on which S. N. Crane lived and pros- pered 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 bargained nor sold it; but it appeared he had sold this claim and others claimed 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
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that Perkins forfeited the claim and the money that he had paid for it, consequently the government got two dollars and fifty cents per acre for that quarter of a sec- tion. Henry Mallard, we believe, entered that land, and one occasion Mallard and Calvin Teeple and Vosburg began breaking on the claims with cattle. Teeple was driving the cattle, and while passing a clump of bushes a 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 meant for him. When the plow- man got to the end of the land Mallard sat down by the waterpail and said to Teeple and Vosburg, "I'll take care of the water and you go and see who fired the shot."
A glance over the old District Court dockets in those territorial days convinces one that human life was held very cheap at that time. Judge Thomas S. Wilson was the presiding judge for many years and his docket would be a fortune for a relic hunter. At nearly every term of the court some one would be indicted for murder or assault with intent to kill. The party indicated 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 times, the defendant by his attorney, would move the court that the indictment be quashed, and the defendant 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 nor money. When he had abandoned all hope of reprieve or executive interference he made the fol- lowing 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 substantially 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, 1801, in Madison county, Kentucky, and raised in the county of Bourbon, ten miles east of Paris, one and one-half miles north of North Middleton, and was engaged in transacting business and driving 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 and property and through the interfer- ences of the friends of my wife caused her and I to live a disagreeable 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 never had 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 Ambler. 'Twas then the commencement of my misfortune took place. The misfortune I 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 a mile or such of a matter from home. He then hid it in a hollow of log. I then feeling dissatisfied about it inas- much 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 characters of his daughters who were grown up. On the 4th day of December I showed Isaac Dye and Jorasley Crawford where Perkins put the lead he had
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stolen. I then inquired what I should do in such a case, and they replied that they would say nothing about it on account of his family. I then from the advice of the three above named persons concluded to say nothing about it. Some days after that Mr. David Scott and myself were going to Dubuque, and I still not feeling satisfied about the lead affair I named it to him, and advised with him as to what he would do in such a case. He replied that on account of Zopher Perkins' family he would let it alone a while. I then advised him to say nothing about it, fearing that Perkins would take advantage of it.
"Scott however afterward told it to Joshua Beer, and he meeting Perkins asked Beer where he had been. Beer told him that he had been to George Long's to see who it was that followed Perkins and myself from Dubuque. Perkins asked Beer what for. Beer told him something about a piece of lead. Then Per- kins drove his team on to Thomas Coffee's turned out his cattle and went back home to get another yoke of cattle, he came back that night bringing no other yoke of cattle with him and went off to Squire Taylor's and filed an affidavit against me for having stolen property in my possession. I appeared on trial and finding there was no signature on the affidavit pleaded nonsuit, the justice refused to grant it, saying the signature to affidavit was unnecessary. I told him that was the law desiring him to refer to it which he refused to do. He gave judgment against me requiring me to give security or go to jail. I gave security and then told Squire Taylor that Zopher Perkins was the man that stole the lead, and demanded a writ against him which Taylor refused to give. I then went to Squire Nathan Said and filed an affidavit demanding a writ against Zopher Per- kins for stealing the lead. He was brought before the aforesaid justice and suc- ceeded in having the trial put off seven days, on account of the absence of his brother which he wanted for a witness. On the seventh day we appeared for trial ; judgment was rendered against Zopher Perkins for stealing the lead, and at the instance of the magistrate he was bound over to keep the peace.
"The next morning after the trial Zopher and Xenophon Perkins came over to my house before daylight cursing and swearing, saying Jackson and his wife had sworn to so many damned lies they are holed up and dare not come out. The family being aroused by the noise awakened me. I got up, put on my clothes and went out and told Zopher Perkins he was doing wrong, that to recollect that last night he was bound over to keep the peace, he said g-d the peace, and then called out, 'Xen, come and attend to Jackson.' I told him he need not call to Xen, for I did not want any fuss with them. I turned to go into the house when Xen came running around the yard fence. I passed him going into the house and just as I raised my foot to step over the yard fence Xen threw something and struck me in the back. I then whirled and pitched at him. Then Zopher Perkins and Xenophon both ran. In pitching after them down the steep bank of the river I went with such force into the ice that I could not stop myself until I got onto the opposite bank. I then turned and walked two or three steps back from them towards my own house. After I had turned I turned my face back towards them to see where they were and they both struck me with clubs over the head which knocked me blind. I drew my pistol out of my pocket and fired with a view of scaring them away until I could get out of their reach, having no inten- tion of killing either of them when I fired my pistol. As for Zopher Perkins stat- ing that I took deliberate aim, it is false. I do not believe the lapse of time ex- ceeded five minutes from the time of the conversation between them and myself and the end of the affray. I will now give a statement of the evidence adduced which was incorrect.
"Zopher Perkins stated that they came over to my house peaceably ; this was false which you may see from the former statement above made by me. He also stated that I said, 'Zopher Perkins, g-d your soul, did I not tell you to not cross the river ?' This is also false. Three or four other times previous to that morning they came over to my house to raise a quarrel, at which times I went out of the way and would have went that morning had I been out of bed. To Mrs. Dutell's
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evidence, it is false ; as there was never any conversation between her and myself on the subject, having conversed with Peter Dutell previous to the trial he told me that Zopher Perkins was such a liar that he could not be believed, and was a very low character, and his oath should not be taken and now when he was on this trial stated that Perkins had a good character; one of his statements must have been false. Henry G. Mallard came to me personally himself at Corbett's and stated that he was summoned as a witness in my case; he stated to me that neither of the Perkins could be believed under oath, and that he should have to swear that at the trial and requested me to tell my lawyer how to put the question to him. He also stated that they were very low characters, but when called out at the trial his evidence was that he would have to believe them, one or the other of his statements must have been wrong. I take the testimony of Elizabeth Perkins to be entirely false from the fact that I believe it impossible that she could see any- thing of the affray from where she said she stood.
"As my time is short I must come to a close, and in conclusion I give my re- ligious sentiments. My present belief is that all mankind shall be happy here- after. But I wish to have the public distinctly understand that whatever I have done that is wrong in the sad affair that has brought me to my unfortunate con- dition, or may have done in other respects, is not to be ascribed to my beliefs, and I would say most solemnly and in the presence of God that I am sorry for these wrongs, and I would make all the restitution in my power. I have not been a member of a Universalist church or society nor has my life been such in all respects as that of a Universalist."
KILLING OF ANDREW M. BROWN BY ABSALOM MONTGOMERY.
Sometime prior to the year 1852, one Dr. Rhodes. of Maquoketa, had entered forty acres of timber land on the Maquoketa River a short distance below Pinhook. The land was valuable only for the timber, as it consisted of bluffs and bottom land liable to overflow. Absalom Montgomery, who had figured quite conspicu- ously in the court records of Jackson county since 1838, lived at the time near where Wesner's house now stands, and owned eighty acres of the fine land be- tween there and the city, and forty acres across the road which extended down to the river and adjoined the land entered by Dr. Rhodes which he, Montgomery, claimed and warned all persons against trespassing on the land. It was claimed by Montgomery's friends that an offer had been made to Dr. Rhodes to reim- burse the latter. On the other hand a son of the doctor, who still resided in Maquoketa, maintains that the doctor offered to surrender his interest on payment of the money that the land had cost him. At all events Montgomery warned Dr. Rhodes that he would kill him or anyone who attempted to haul wood from the land. The doctor had a son-in-law, one Andrew M. Brown, who was living at that time where Henche's old mill now stands. On the morning of the 30th of April, 1852, Brown took Dr. Rhodes' team and started for the land in dispute to get a load. Brown was fully advised of the threat made by Montgomery, but said he was not afraid to set out for the timber. Wm. Y. Earl then lived in a house a few rods west of Struble's nursery and the road leading to the timber turned north and ran past Earl's house. About the time Brown reached the woods, Montgomery was seen by some members of the Earl family going in that direction with a gun. Just what took place that day in the woods will never be known, but it is well known that Brown was shot with a rifle, the ball entering his stomach near the breast bone. Brown fell down in the bottom of the box and lay there help- less and dying. The team, frightened, doubtless, by the report of the gun whirled and went in the direction of town. When the team reached the Earl place Mrs. Earl heard someone calling from the wagon and thought it was someone intoxi- cated, but finally ventured out and discovered Brown in the wagon and he lived long enough to tell her Montgomery shot him. Mrs. Earl sent some of the chil- dren to town for help, Mr. Earl being from home at the time. On the day of the
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murder Erastus Gordon, who later lived in Maquoketa, was plowing a piece of ground on Montgomery's farm for oats, having rented five acres of ground for that purpose. Gordon had been dickering with Montgomery for a young horse, had offered him seventy-five dollars for the animal, but Montgomery wanted more.
On that day Montgomery came to the field and told Gordon if he wanted the colt for seventy-five dollars to get out his money. Gordon "shelled out the money" very promptly, well pleased with his bargain. Some time after Montgomery's visit to the field T. E. Cannell came to Gordon and told him that Montgomery had killed Brown and he wanted him to go and help hunt Montgomery. Gordon tied one horse to the fence and mounting the other went with the others in the direction they had heard Montgomery had gone, which was west. When the party reached the hill where the schoolhouse formerly stood in the Buck Horn district and could see over in the valley where Shade Burleson lived, they recognized Mont- gomery in Burleson's yard. Gordon' was told to remain with the horses behind the schoolhouse, and the other men went down to the house, and in some way communicated with Burleson without letting Montgomery see them. Burleson managed to get both of Montgomery's guns out of his reach and the men stepped in and arrested him. He was taken back to Maquoketa and guarded in the upper story of the Goodenow hotel by Gordon and others for several weeks. He was indicted by the grand jury for murder. The following is an exact copy of the indictment :
MAY TERM OF THE DISTRICT COURT OF, JACKSON COUNTY, A. D., 1852. STATE OF IOWA VS. ABSALOM MONTGOMERY-INDICTMENT FOR MURDER.
A True Bill. David Sears, Foreman of the Grand Jury.
Witnesses names-Peter Conover, Erastus Gordon, Hanna Battles, Thomas E. Cannell, Achilles Gordon, Judson Earl, Archibald Lambertson, John McCol- lum, Miss Amelia Earl, Shadrach Burleson, Fayette Mallard, William Ellis, Dr. P. L. Lake, Francis B. Rhodes.
Presented in open court in presence of the grand jury by the foreman and filed this 18th day of May, A. D., 1852. H. Scarborough, Clerk.
State of Iowa, Jackson county, ss: In the District Court of said county, of May term thereof, in the year of Our Lord one thousand, eight hundred and fifty-two. The grand jurors legally convoked, empaneled and sworn in open court to inquire into indictable offenses committed within the body of the county of Jackson aforesaid, in the name and by the authority of the State of Iowa, upon their oath present: That Absalom Montgomery, late of the county of Jackson aforesaid, on the 30th day of April, in the year of Our Lord one thousand, eight hundred and fifty-two, with force and arms at and in the peace of said state, then and there being feloniously, willfully, deliberately, premeditatedly, and of his malice aforethought, did make and assault; and that he, the said Absalom Montgomery, a certain gun, called a rifle gun, then and there charged with gunpowder, and one leaden bullet, which said rifle gun, he, the said Absalom Montgomery, in his hands then and there, feloniously, willfully, deliberately, premeditatedly, and of his malice aforethought, did discharge and shoot off too, and against, and upon the said Andrew M. Brown; and that said Absalom Montgomery with the leaden bullet aforesaid, then and there by force of the gun- powder aforesaid by the said Absalom Montgomery, discharged and shot off as aforesaid then and there feloniously, willfully, deliberately, premeditatedly and of his malice aforethought, did strike, penetrate and wound him, the said Andrew M. Brown, in and upon the stomach of him, the said Andrew M. Brown, giving to him, the said Andrew M. Brown, then and there with the leaden bul- let aforesaid, so as aforesaid discharged, and shot out of the rifle gun aforesaid by the said Absalom Montgomery in and upon the stomach of him, the said Andrew M. Brown, one mortal wound of the depth of six inches and of the
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breadth of half an inch, of which the said mortal wound, he, the said Andrew M. Brown, then and there died. And the jurors aforesaid do say that the said Absalom Montgomery, him, the said Andrew M. Brown in the manner and by the means aforesaid feloniously, willfully deliberately, premeditatedly, and of his malice aforethought, did kill and murder, contrary to the statute in such case made and provided, and against the peace and dignity of the State of Iowa. Joseph Kelso, Prosecuting Attorney for said County.
And the jurors aforesaid upon their oath aforesaid, do further present: That Absalom Montgomery, late of the county of Jackson, aforesaid laborer not hav- ing the fear of God before his eyes, but being moved and seduced by the insti- gations of the devil, on the 30th day of April, in the year of our Lord, one thou- sand, eight hundred and fifty-two, with force and arms at and in the county aforesaid, in and upon one Andrew M. Brown, in the peace of God and the said state, then and there being feloniously, willfully, deliberately, premeditatedly, and of his malice aforethought, did make an assault; and that the said Absa- lom Montgomery, a certain gun the value of five dollars, then and there loaded and charged with gunpowder, and one leaden bullet, which gun he, the said Absalom Montgomery, his hand had and held, to, against, and upon the said Andrew M. Brown, then and there feloniously, willfully, deliberately, premedi- tatedly, and out of his malice aforethought, did shoot and discharge; and that the said Absalom Montgomery with and bullet aforesaid, then and there by force of gunpowder, and shot sent forth as aforesaid, the said Absalom Mont- gomery in and upon the left side of the belly of him, the said Andrew M. Brown, in the region of the stomach and median line of him, the said Andrew M. Brown, then and there feloniously, willfully, deliberately, premeditatedly, and of his malice aforethought, did strike, penetrate, and wound, giving to the said Andrew M. Brown, then and there with the leaden bullet aforesaid, so as afore- said shot, discharged and sent forth out of the gun aforesaid, by the said Absalom Montgomery, in and upon the said left side of the belly of him, the said Andrew M. Brown, one mortal wound, he, the said Andrew M. Brown then and there immediately died. And so the jurors aforesaid, upon their oath afore- said, do say, that the said Absalom Montgomery, him, the said Andrew M. Brown, in the manner and by the means aforesaid, feloniously, willfully, deliber- ately, premeditatedly, and of his malice aforethought, did kill and murder, contrary to the statute in such case made and proved, and against the peace and dignity of the State of Iowa. Joseph Kelso, Prosecuting Attorney.
Montgomery was tried at the June term of court, commencing the 23d day and on the 25th, the jury charged by the court, and returned a verdict of "mur- der in the first degree." The attorney for the defendant moved for a new trial and got it on a writ of error and took a change of venue to Deleware county. The case was tried at Delhi in 1853, and the defendant was acquitted. Mont- gomery owned a fine farm, but Platt Smith got it for defending him. The property finally went into the possession of the notorious Piper, who erected the finest mansion that the county afforded at that time and it was generally believed he burned it for insurance. Montgomery's victim, Andrew M. Brown, who was about twenty-eight years at the time of his death, left a wife, Jane Brown, who has remained true to his memory all these years, and a son, W. F. Brown, a cripple from childhood, born after his father's death, who lives with his mother in Maquoketa. Those who knew Montgomery well say of him, that he never did much work, that he drank a good deal of whiskey, did much talking and was away from home a large share of his time.
Few, if any, persons had any doubt about his guilt, but he had means, and when a man has plenty of means the lawyers do not allow him to suffer any- thing more serious than the depletion of his bank account, or the proceeds of the sale of his farm. Platt Smith, who defended Montgomery and cleared him, had prosecuted the unfortunate Joseph T. Jackson and hanged him, said after-
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ward that he had done wrong in both cases, that Jackson ought to have been cleared, and Montgomery ought to have hanged.
On the 27th day of July, 1906, the writer visited Mrs. Brown in her cozy home in the first ward, and gleaned some facts in relation to the murder of her husband that I did hot formerly know of. She said that about a week before her husband's murder, he brought a letter from the postoffice for her father, with whom they lived at the time. The letter was from Montgomery and warned Rhodes or any member of his family against trespassing on certain land that Rhodes had bought and from which Montgomery had been getting his firewood. Mrs. Brown said that her husband remarked that barking dogs never bite, and knowing Montgomery to be a hard drinker was not afraid of him. Mrs. Brown is a very sprightly lady for her age, being past seventy-eight, is a little below medium height, her hair is white as snow but her faculties as clear as ever. She thinks her husband was shot about 2 o'clock p. m., but lived until 6 p. m., was carried into Mrs. Earl's house, where his team had taken him and died there.
THRILLING CRIMES IN PIONEER DAYS.
One of the early pioneers of Jackson county, who led a checkered life, made a great deal of expense for the county, and died an ignominious death, was William P. Barger. Prior to 1850, Barger, with his wife and three children, were living on a claim in section 13, Brandon township, Jackson county, but in 1851 Barger got the gold fever and went to California with Hon. William Morden and others. Fortune did not smile on him, however, he had a long run of fever and nothing but hard luck, and it was three years before he was enabled to return to his home, in the meantime he had been reported dead. During his absence, his wife Delia, had been living or cohabiting with one David McDonald, and we have been in- formed by those who were neighbors of the Bargers at the time, that there was a child born to Mrs. Barger during the absence of said William P. Barger, which was a bone of contention between the couple after Barger's return. At all events Mr. and Mrs. Barger could not get along together after his return, and at the April term of court, 1854, Delia Barger petitioned for a divorce from W. P. Bar- ger, and F. Seaborough was appointed to take evidence in the case.
At that time Barger was under indictment for assault with intent to do great bodily injury, we presume on Mrs. Barger, and at the above named term of court gave bond for his appearance and got change of venue to Jones county. . At the September term of court, 1854, the divorce case came up for trial and a jury was empaneled which gave Mrs. Barger a divorce and custody of all the children ex- cept the oldest, who was at that time seventeen years old. Barger was enraged at the action of the court and threatened to kill Delia. He was arrested for ma- licious threats and the same being proven, he was held to keep the peace, but as he could not give bond of five hundred dollars, the amount stipulated, he was put in charge of the sheriff. The sheriff had confidence in Barger and allowed him to come and go wherever he pleased. A short time after and during the same month the divorce was granted, Barger went squirrel hunting with the sheriff's rifle, but instead of returning that evening, he concealed himself in a lot opposite to Rev. Kirkpatrick's place in Bellevue, where Mrs. Barger was staying at the time. The lot had a high board fence near the street. Through one of the boards Barger cut a hole with his knife, through which he could put the rifle and remained there with the stoicism of an Indian. Mrs. Barger was warned by her brother in law Kirk- patrick not to go outside the door, but said she was not afraid, and in the early morning stepped out to wash when the sharp crack of a rifle was heard and the woman fell with a bullet hole through the heart.
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