USA > Iowa > Jackson County > History of Jackson County, Iowa; Volume I > Part 38
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Accordingly, with the assistance of Hon. L. B. Dunham, the senator for Jackson county, they procured from Governor Merrill a reprieve until the following November, before which time the trials of Bucklin and Nelson would have taken place. The appeal would, under the law, have to be argued before the supreme court at their argument term at Dubuque, which was held in Octo- ber and April. The serving of the notice of appeal was not made until after the term at Dubuque in October had passed, and therefore the case could not be heard until April, 1869, the defendant meanwhile remaining in jail at Andrew.
A singular occurrence took place in the winter of 1868 and 1869, showing the coolness of the prisoner, and also his faith in his ultimate discharge. The old jail at Andrew was an offense to civilization. The two cells were little better
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than ovens, one on each side of a narrow hall, lighted at one end by the only window in the jail, and at the other end was a heavy oaken door, in which was a small opening less than a foot square, through which were passed the meals of the prisoners. This door opened into another hall, adjoining which were the living rooms of the jailer and his family. At that time Watkins was the only prisoner, and he evidently got tired of solitary confinement. By this time, too, he had become well known to many of the citizens of that little town, and some of his friends were employed in the stores. These friends were one afternoon astonished at seeing Watkins walk in unattended, telling them he had come to make them a call, and he sat down and chatted for a little while, and then went to another store and made another visit, and after two or three hours went back to the jail, where he found the jailer chopping wood. The jailer not noticing who he was, Watkins asked him for a job, offering to work for his board and clothes, and when the jailer declined, he asked him to furnish him lodging for the night, even if he had to put him in the jail, and when the jailer (old Sam Mc- Kinley) still refused, he said, "Well, Sam, you will have to take me in for no one else in the country would dare keep me over night." At this, old Sam looked up and recognizing his prisoner apparently at liberty, nearly fainted.
Watkins had grown so thin from long confinement and want of exercise, that he had easily wriggled through the opening in the hall door, and "took a walk" unseen. He probably had not strength enough left to make his escape, but though under sentence of death he made no effort to do so.
The appeal was argued orally by Mr. Dunbar and Mr. Wynkoop, Mr. Gra- ham filling a written argument, at the April term of the Supreme Court at Du- buque in 1869, and in June following the court reversed the judgment below, and ordered a new trial. The court held that the indictment upon which he had been convicted was not good as an indictment for murder in the first degree, though good as an indictment for murder in second degree. But instead of re- ducing the punishment to imprisonment for life, or any time not less than ten years, as they might have done, and as they did in another case quite similar, decided on the same day, and as they have done repeatedly since, they granted a new trial because they were not satisfied that the testimony justified the ver- dict of guilty of any offense.
In the meantime Bucklin and Nelson had taken a change of venue to Clin- ton county, and on their trial on substantially the same evidence which was given against Watkins, and which was much stronger against Bucklin than it was against Watkins, Judge Richman ordered a verdict of acquittal. In order to avoid any possible disturbance in Jackson county after the reversal of the case in the Supreme Court, a change of venue was quietly taken by Watkins to Clin- ton, and the district attorney, who had always grave doubts of the sufficiency of the evidence, declined to prosecute the case further, and after an imprisonment of about two years and a half Watkins was discharged.
It has been stated repeatedly in the newspapers that Watkins escaped punish- ment for the murder of Cronk by a technicality. This is not correct. The judg- ment against him was reversed because he could not rightfully be convicted of murder in the first degree upon the indictment. But he was not tried again be- cause the district attorney did not believe that the evidence against him would warrant a verdict of guilty of murder in the second degree.
Watkins' account of himself was that he was born in Richmond, Virginia, and when he became of age he came west to seek his fortune, like a great many other young men. He, in some way, came to Cottonville, and a short time after- ward enlisted, at the same time with Cronk, in the Thirty-first Iowa Infantry, and with that regiment participated in the campaigns under Grant and Sherman. When Sherman's army marched through Richmond, he obtained leave of absence, and went to visit his father. The latter, seeing his son in the uniform of a Union soldier, drove him away from his home with curses, and told him never to let him see his face again, and he never did. He returned with his company to
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Jackson county, and made his home at Cottonville until his arrest, but made one if not two trips across the plains from Omaha to Denver, as one of the escort to a train of merchandise to protect them against the Indians. After his release from imprisonment, he remained in Clinton working in some of the business houses for about two years, and then went to the western part of the state.
One thing which impressed itself on the minds of his counsel was Wat- kin's total lack of appreciation of what they had done for him. He never man- ifested any gratitude for their services, nor even thanked them for their gra- tuitous efforts, nor even offered to refund the money they had expended in his behalf, though afterward able to do so. The last interview the writer had with him was in Clinton, about a year after his discharge, and he was very much out of humor because he was advised that he could not recover damages from Jackson county for his long imprisonment, and at the refusal of his for- mer counsel to bring suit to recover them.
As to the tragedy in Monona county, which finally landed him in the peni- tentiary for life, and where he died, the writer knows only what has appeared from time to time in the newspapers, excepting that a few weeks after his trial there, the writer was informed by one of the counsel engaged in it, that the fact that he had been before convicted and sentenced to death, had a potent influence in procuring a verdict against him for murder in the first degree.
Cronk, the murdered man, had been left an orphan at an early age, and for the most part looked after himself. He was only about fifteen when he en- listed in the army and made a faithful soldier, and was fearless in the discharge of his duty. After his discharge he made his home in Andrew, and for awhile carried the mail between Andrew and Quasqueton, and afterward worked at anything he could find to do which had money in it. He was quite successful in trading horses. Many a time he conveyed the writer over the roads of Jack- son county, sometimes with his own team, and sometimes with a livery team, and all his talk on such occasions was about money getting, and how to in- vest his gains. He had an appointment to meet him on Monday following the murder for the purpose of releasing a lien on his farm, which Cronk had con- tracted to sell. There is no doubt that when he was attacked by those who sought to rob him, he put up a vigorous defense, and it was probably owing to this resistance that his assailants took his life.
Bucklin and Nelson both removed from Iowa many years ago, and it is said that both are dead. The testimony developed against Nelson was very slight, and if his character had been above reproach he would never have been indicted. The writer has never been able to account for the death of Cronk without the presence of Bucklin. Other parties against whom suspicion was directed have also passed away, and now it is not likely that the truth will ever be known. As for Watkins, none of his counsel believed him guilty. His ex- planation to them of where he was and how occupied on the night when Cronk met his death were reasonable and consistent with the facts established on the trial. The most that can be said against him in that connection, to the mind of the writer, is that there is a bare possibility that he might have participated in the murder. There is a greater possibility that after the deed had been committed, he learned who the perpetrators were, and refused to betray them. Be this as it may, the murder of Cronk is probably one of those cases in re- gard to which the whole truth will never be known until Cronk and his mur- derers "stand before God and the books are opened."
KILLING OF MELIUS BOSER BY WATKINS.
In August, 1876, Frank P. Watkins hired a young man by the name of Melius Boser to go with his team and work for him on a large farm that he claimed to own in Marshall county. Since that time nothing has been seen or heard of Boser. But Watkins soon after made his appearance in Dunlap with
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the team, claiming it as his own. Subsequently he took the team to Council Bluffs and sold it to Joe West, for two lots in that place, valued at about fifty dollars each, and seventy dollars in money. He then returned to Onawa, saw Mrs. Boser and undertook to account to her for the whereabouts of the team and the boy. Watkins told a nice story, to the effect that they were in the eastern part of the state, earning two dollars per day at work making cider. ' Then he returned to the Bluffs, and thence to near Dunlap, where he went to work on a farm. The latter part of October, Mrs. Boser not hearing from the boy, became uneasy, made inquiries, and went to Dunlap and had a warrant issued for Watkins' arrest, but he got wind of it and lit out unceremoniously.
About the 8th of November, Mrs. Boser placed the matter in the hands of James Walker, sheriff, who ascertained, as previously stated, what become of the team, secured and returned it to Mrs. Boser. Since that time he has been engaged in endeavoring to ascertain the whereabouts of Watkins. About a week ago he obtained a clue to his whereabouts, and sent to E. W. Jackson, city marshal of Council Bluffs, to arrest the man, but as Jackson moved too slow, Walker started himself for him. He was found at work on a farm eight miles nearly west of Shelby Station, in Harrison county, passing under the name of Harry Wilson. The arrest was quietly made and on Wednesday morning Walker arrived home with him and lodged him in jail.
There will probably be no trouble in securing his conviction for larceny, and unless he accounts for the whereabouts of young Boser, he may have a heavier job on hand, as it is quite generally surmised that he made way with him for the sake of gaining possession of the team.
Much credit is certainly due to Sheriff Walker for the faithfulness with which he has managed the case, and for his prompt action in the premises when he obtained a clue.
Last Friday evening, May 4th (1877), a party of men bound for the Black Hills, camped on or near Battle Creek on the Dunlap road, in Jordan town- ship, Monona county, in the vicinity of the farm of Mr. Ransom. The next morning, Saturday, one of the party started out in search of game, thinking he might be able to find a rabbit for his dog-a large grayhound. He followed up the creek some ways and came upon the clothing of some man; thinking it strange that he should find such articles in that out of the way place, he pur- sued his investigations farther, and came upon human bones. He then re- turned to his party, and they, feeling confident there had been foul play, dis- turbed nothing, and carefully marked the place with a stake, and at the inter- section of the Dunlap road placed another one, and then proceeded on their way westward. At Castana they told their story in the store of Mr. F. A. Day. Mr. O. M. Morse was present, heard the story, and as he was justice of the peace, at once proceeded to act as coroner in accordance with the provisions of the code. A jury was immediately subpoenaed, consisting of Messrs. F. A. Day, S. A. Rice, and A. J. Hathaway, and they proceeded to the spot indicated by the travelers. It is regretted very much that the names of the travelers were not obtained, as they are certainly deserving of credit for the careful manner in which they conducted their part of the matter.
The coroner and jury found that the clothes were lying at the foot of some willows, with every appearance of having been carried there by high water. The bones were also scattered around some, with every appearance of having been disturbed by the action of the water, but were all laying within a radius of about ten feet.
Every indication seems to go to prove that the remains found are those of young Boser, and that he was here murdered by Watkins. The place where they camped last summer on a bluff close to Battle Creek, and but a few rods from the Dunlap road, is plainly marked. The remains of the campfire are still there and some of the partially burnt fagots yet remain. The exact spot where the wagon and horses stood can plainly be seen. Near where the wagon
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stood are traces of blood, and the ground looks as though there might have been a struggle there. And again there are traces that would go to show that the body had been dragged first to one place, and that not suiting, it was dragged back to the wagon again, and thence along the bluff to the point and from there thrown into the creek. Battle Creek starts from a small spring near the scene of the murder, and at that time there could have been but a few inches of water in it. Since then the high water has evidently carried the bones and clothing down the stream and lodged them where found.
The skull was broken in a number of pieces, death having evidently ensued from blows upon the head. The bones are undoubtedly those of a young man ; the wisdom teeth had started, but they were not yet through the jaw bone.
The clothing consists of a pair of pants, a pair of suspenders, a ruffled shirt, a stocking and a hat. Quantities of hair were found and also a jack knife.
Mrs. Boser identified the pants as a pair she made for Melius with her own hands, and produced a piece of cloth she had left which matched exactly. The shirt is also one she made. The hat she readily recognized and said she bought it at Elliott's and paid one dollar and twenty-five cents for it. The knife, she says, is one Melius traded for with one of the Allen boys. So it would seem that there can be scarcely any room for doubting that these are the remains of Melius Boser, and that they will fix the crime upon Watkins.
It is known that Watkins sold Boser's watch in Dunlap, and that he had there with him also Boser's coat, and his dog and gun.
On Sunday the remains were brought to Onawa by Mr. Morse and deliv- ered into the custody of Sheriff Walker.
While these are not the particulars in full detail, yet they contain all the vital facts and may be taken for a general summary of all that is now known.
Watkins is a hardened criminal, and his history of crime would fill volumes. His real name is Samuel P. Watkins, as shown by his discharge papers; but while operating in this vicinity he passed under the name of Frank P.
Watkins, while living in Jackson county, was tried for complicity in the murder of Samuel S. Cronk, committed on the 23d day of January, 1867. He was convicted and sentenced to be hung Friday, February 20, 1868. The ma- terial for erecting his scaffold was unloaded in front of his prison window, but caused no visible fear to show itself upon him. He was subsequently acquitted through some legal technicality.
SENTENCED TO PENITENTIARY FOR LIFE. From Gazette, October 4, 1877.
The trial of Frank P. Watkins for the murder of young Boser, came off at the last term of the District Court at this place. The trial commenced on Wednesday evening and lasted until Saturday afternoon. The evidence not only confirmed what particulars were published in the Gazette last spring, but made the testimony even stronger. It would be very difficult to find a case based on circumstantial evidence alone where the chain was any more com- plete than in this case. The prosecution was very ably conducted by Geo. B. McCarty, district attorney, assisted by Messrs. Joy and McMillan, and was characterized by unusual fairness. Messrs. Monk and Selleck and Lucas ap- peared for the defense, who did all that lay in their power to see that the de- fendant had a fair trial. The case absorbed a great deal of attention and the court room was constantly crowded, and during the pleading many ladies were present. The case was given to the jury at 2 o'clock, Saturday, and, after an absence of about fifteen minutes, they returned a verdict of murder in the first degree. That evening Judge Lewis sentenced the prisoner to the penitentiary for life. In delivering the sentence he recounted the scene and incidents of the murder and moved even the stony hearted perpetrator of the deed and
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caused him to bow his head in shame. To the very last, in court, Watkins maintained his innocence. Subsequently on Sunday evening he confessed to Sheriff Walker and his counsel that he killed Boser, but did it in self-defense. He said that he and Boser got into a quarrel, when the latter drew a revolver and fired at him, when he shot Boser with his shot gun, putting two loads of buckshot into his breast. This statement is not believed, as it conflicts with all the testimony. During the trial he persistently lied to his counsel, and no confidence can be put in any statement that he may make, unless the testimony will substantiate it. Sheriff Walker started on Monday with Watkins for the penitentiary. During the trial he remarked to the sheriff, "You'll never get me to Fort Madison, I can tell you that." "Well," said the officer, "I'll get enough of you there to get a receipt for it." And subsequently the sheriff took away from him a large needle and a piece of glass which he had secured for the pur -- pose of committing suicide, and afterwards he gave up other dangerous pieces and said he had given up the idea of taking his life.
The judge paid a very high compliment to our county officers and especially the sheriff, for the excellent manner in which the case was made ready for trial.
The counsel for the defense made a motion for a new trial, which was over- ruled, whereupon they excepted, and the case is now in position to be carried to the Supreme Court if they deem it advisable.
This information was furnished through the kindness of Hon. E. M. Cas- sady, of Whiting, Iowa, who was one of the jurors that found Watkins guilty.
Watkins was tried September 29, 1877, found guilty of murder in first de- gree, sentenced to penitentiary for life, and taken to Fort Madison, October 2, 1877.
INDICTMENT.
To the District Court of said state, within and for said county, at the September term thereof, in the year of our Lord one thousand eight hundred and seven- ty-seven.
The jurors of the grand jury of the State of Iowa, within and for said county of Monona, legally convoked, impaneled, tried, sworn and charged in the name and by the authority of the State of Iowa, upon their oaths do aver, find and present and accuse, Frank P. Watkins of the crime of murder in the first degree, committed as follows:
IST. The said Frank Watkins heretofore, towit: On or about the 8th day of August, A. D. 1876, in the county of Monona and State of Iowa aforesaid, did then and there willfully, deliberately, premeditatedly and of his malice aforethought, and with intent to kill and murder, one, Melius Boser in man- ner and by means of instruments and weapons to the grand jurors unknown, then and there did inflict a mortal wound on the person of said Melius Boser, of which said wound so inflicted as aforesaid by the said Frank P. Watkins, the said Melius Boser then and there did die; so that the grand jury aforesaid say that the said Frank P. Watkins on or about the 8th day of August, A. D. 1876, at the county of Monona, in the State of Iowa, in manner and form as aforesaid, did willfully, deliberately, premeditatedly and of his malice afore- thought, feloniously kill and murder the said Melius Boser.
2nd. And the grand jurors aforesaid of the county of Monona, and State of Iowa aforesaid, in the name and by the authority of the State of Iowa, fur- ther say : that the said Frank P. Watkins on or about the 8th day of August, A. D. 1876, in the county of Monona, and State of Iowa, did then and there upon the body of one Melius Boser, then and there being feloniously, willfully, de- liberately, premeditatedly, `and of his malice aforethought, commit an assault with a deadly weapon, the exact nature, character, name and description of said deadly weapon to the grand jurors unknown; then and there the said Frank P. Watkins, by lying in wait with the specific intent to kill and murder
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the said Melius Boser, willfully, deliberately, premeditatedly and of his malice aforethought with said deadly weapons, the name, character and description of said deadly, etc., etc.
SHOT DOWN WHILE DEFENDING HIS SISTER'S HONOR.
Following is the evidence before the grand jury in the case of the State of Iowa vs. Charles Town for the killing of Thomas L. Keithley in Bellevue on the 23d of March, 1881 :
I, Thomas L. Keithley, being duly sworn, and recognizing the fact that this is my last illness, and in consequence of my near approach of death, tes- tify as follows: In the first place, he, Charles Town, insulted my sister, Maria Keithley ; I told him I wanted him to apologize to her, at which he made fun of me, and then I slapped him with my left hand open ; he jumped back and came at me, shooting with a revolver ; he fired, to the best of my knowledge, four shots; at least, there are four holes in me, one in the back of my head, two near my right arm pit, and one in my groin ; I had no weapon of any kind or description ; when he commenced shooting I caught hold of him and kept close to him in hopes to prevent his shooting me, and threw him down, and was grappling for the revolver, when Tony Kemp came out of his place of busi- ness, grabbed the revolver and in doing so severed the stock from the barrel; I got up and started home; had not gone far when I found myself growing weak from loss of blood; with the aid of Chas. Mann we reached Dr. Hollis- ter's office. This, my last statement, I make fully, recognizing that I will not recover, and that it may be used as evidence in the trial of the case of the State of Iowa by Charles Town, for my murder. Thomas L. Keithley.
John W. Keithley, being sworn, says: On the 24th day of March, 1881, my son, Thomas L. Keithley, was shot in four places-two in the right breast near the nipple, one in the head, one in the right groin. I have reason to believe that Town did the shooting ; do not think my son will live until 6 o'clock today. Drs. Reed, Hollister, and Miller have attended him; my son is about twenty- four years old.
James Campbell, sworn, says : I was standing in the recess of the doorway of Keglar's store on Wednesday evening, March 23, 1881, talking with Mr. Town and saw Thomas L. Keithley coming up the street, and said to Town, "There may be a fuss." He said, "I think not, it is his brother that is mad at me." Keithley came up and said to Town, "What did you insult my sister on Sunday evening for?" He said he did not, that he supposed it was another girl that he was acquainted with, and he stepped one side and let her pass. Keith- ley said he did insult her, caught her by the shoulder and shoved her against the fence. Town denied it, said, "Tom, you know I would not have spoken to her if I had known who it was;" Keithley spoke and said, "Look here, Town, don't ever insult a lady on the street ; see who it is before you say anything to her; never insult a sister of mine again." I said to Keithley to go on and not make any fuss. Then Town said to him, "Go away and mind your business, for I do not want any fuss with you;" Keithley said to him to not be sassy about it, and struck Town across the back of his face with the back of his hand, seized him by the coat and pulled him onto the sidewalk. Just at that time I saw Town draw a revolver; they scuffled for a very short time when Town fired; his revolver was pointed at Keithley's breast and very near his body; they scuffled on the sidewalk about four feet more, and then Town fired the second shot, the revolver pointed about the same as before; then they scuf- fled down the sidewalk about six feet and Town backed up on a snowdrift and the third shot was fired, pointed about the same as the others. I then went into a stairway out of sight and heard the fourth shot fired ; looked out in very short time and they were still clinched; they were about twenty-five feet north of where I saw them last. I saw Tom Kemp take hold of Town. About that
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