USA > Iowa > Jackson County > History of Jackson County, Iowa; Volume I > Part 41
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Levi Keck, ex-county attorney of Jackson county, said he was present at the finding of the revolver, club, cylinder of revolver and all other things that were
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found. He identified the revolver and other articles. Mr. Keck's story was the same as that of Sheriff Mitchell and Deputy Sheriff Hennegar, and he was not cross examined.
Dr. George Menges, of Dubuque, said he personally examined the spots on the coat, vest, and shirt, given him by Justice Campbell. That he used all possible methods known to him, and he is positive the blood on the articles was that of mammalia. The spots in the garments had the appearance of having been washed.
On cross examination witness said that most of the blood was on the shirt bands of the wrist and the lining of the coat sleeves. Court adjourned to 9 in the morning.
Thursday .- At nine this morning court resumed. Dr. Menges was recalled and said that he could not positively state that the blood found on the clothing was human blood.
Fritz Keil, brother of the murdered girl, said he had known Chris Eckerlebe for years, and went to school with him. Witness was sick all day July 4, 1896. He had the quinsy. He said defendant called at the Keil house July 4th, about 6 a. m. and said he and Chris were going to Bellevue together. Eckerlebe asked where Mina was going to spend the day and witness told him she was going to at- tend the ice cream party, and dance at a neighbor's. Defendant stayed at the place fifteen or twenty minutes. He sat out on the porch. When he left he walked up the road toward Bellevue. Witness did not see him any more that day, but on July 5th he was over to the Keil house and helped fix a binder. Witness told the story of finding the body. The witness was subjected to a severe cross examina- tion on the part of the defendants, but they were unable to shake the substance of the testimony. 'Dr. Menges was then recalled, identified the clothing on which the blood spots were, and said they were the clothes Chris Eckerlebe wore. The clothes were then offered as evidence.
John P. Murphy, the tramp, was then called. He said he was confined in the county jail May 9, 1896, on the charge of assault with intent to do great bodily injury upon a man by name of Miller. He had been in the jail continuously- left it only when he was in charge of the sheriff or jailer. He was kept in a steel cage. Eckerlebe was confined in the cell with witness. The defense then tried to keep the witness from stand, and the jury was excused and witness questioned as to the conversation. The objection raised by the defense was that the alleged confession was given through fear and on the promises of hope. The court overruled the objection and the jury was brought back and Murphy told the story of the alleged confession in the following words: I told Eckerlebe I was being held for assault with intent to do great bodily injury on a man, and if he would tell me about his crime I would tell him about mine, and tell him what I would do if I was in his place. I told him I thought he was the murderer of Mina Keil, and had seen something on his pants that would hang him in a minute of the authorities only knew it. He asked me what it was and I told him that on the seat of his pants was some blood and hair. Eckerlebe then took down his pants and I showed him the spot, but it proved to be syrup and the fuzz off the blanket on our bed. I then told him I knew he was the murderer of the girl or he wouldn't have been so eager to examine his clothes. I told him to tell me all about his crime; that I was his friend. I made no promise to him to help him out of the scrape, only told him I would tell him what to do if it was my case. At first he said he did not kill the girl. I then told him he could not prove where he was from noon until 4 o'clock that day and that was where the state had him. After some time I told him there was no use of him lying. That I knew he killed that girl, and that he might just as well tell me as not. Eckerlebe then told me that he killed her shortly after dinner July 4th. He said he left home early in the morning and went to Chris Keil's home. He and Chris were to go to Bellevue and get an eighth of a barrel of beer. At the house he said he learned from Fritz Keil that Chris had gone to Bellevue. He said he stayed there for ten or fifteen minutes and asked Fritz where Mina was going
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to spend the day. Fritz told him she was going to the ice cream social and to the dance in the evening. Eckerlebe then said he left Keil's and went to the hillside near the Keil house. There he stayed until about 10 a. m .; then he went home and got something to eat. He returned to the hillside and stayed until Mina came along. I asked him why he went back there and he said he went back to see Mina and ask her why she told the girls about him. He said he waited at the hillside until Mina came along and he thought it was then after din- ner. As she passed him he caught up to her and called : "Mina, O Mina!" She turned and said : "Go on, you crazy fool."
Here Mrs. Keil, mother of the murdered girl, broke down and was taken from the court room.
Murphy continued : Eckerlebe said, "I started to catch up with her, and she put down her basket and I caught up with her, and said, 'Mina, what is the rea- son you told the other girls not to dance with me, and called me a scamp?' She jerked away from me and again said, 'Go away from me you crazy fool.' I re- plied, 'Mina, you must tell me, for I have you.' She then turned to go away from me, and we had a scuffle, and she nearly got away from me, when I got my revolver and tried to hit her. She grasped it with both hands and came near getting away from me."
Murphy then said he asked Eckerlebe why he did not shoot. Eckerlebe said, "O, my God, I did. I shot three times. The first shot only a little blood came. The second time I couldn't see any. But the third shot-(an oath)-you ought to have seen her throw up her hands. The blood spurted fully three feet." Murphy said he asked him how it came he had not much blood on him. He re- plied : "Oh, I jumped to one side and as she fell I hit her with the revolver on the side of the head." Murphy asked him if the bullet killed her, and he answered and said, "I was afraid to leave her there, for fear she wouldn't die and then I would be hung and she would live. So I had to kill her and I took the revolver and went to where she was lying. Her eyes were rolling and she was looking at me and tried to get up. But I hit her several times with the end of the revolver, and she was dead. When I saw what I had done I tried to kill myself, but like a
fool I had bent the handle of the revolver and I could not cock it. I broke thing all to h-11. When I found I could not kill myself I took the cylinder out of the revolver and threw it into a brush pile. I also hid the revolver the
in the brush pile. As I was leaving I saw Mina move a foot. There was a club near there and I took it and beat her head with it. Then I threw the club away and went to Bellevue as fast as I could. I got there at 5 o'clock p. m. I went to a saloon and drank some beer. I got six glasses for a quarter. John Guinther was with me then. I walked around town for a while and went to another saloon and got more to drink. I was met there by a man named Roberts, who went to Keil's saloon with me, where we got more liquor. I stayed there until I went home.'
At another time Eckerlebe told the witness that the piece of cloth they found was from Mina's skirt as he tore it as he kicked her when they were scuffling. Eckerlebe also said that he lost a cuff button and when they found Mina's body he went up and found his cuff button. That he had it in his pocket when arrested, but threw it into an outhouse at Wick's after he wa's arrested and taken to Belle- vue at the preliminary hearing, as he was afraid it might go toward finding him out. Witness said he told John Tubbs, the jailer, what Eckerlebe had told him. Murphy was put to a cross examination, where it was shown that he was a tramp and moved from one town to another selling spectacles and other articles. Dur- ing the time the witness told the story Eckerlebe sat perfectly motionless and never moved his eye from the man.
On redirect examination witness Murphy said that by trade he was a brick- layer, had served an apprenticeship and worked at the trade. John Tubbs, the jailer who has Murphy in custody, was recalled, and said that the communication he had taken to Sheriff Mitchell while he was at Mrs. Keil's on the IIth of
1
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July, was from Murphy and referred to location of revolver. Communication was produced, read to jury and made a part of the evidence. It read as follows : He killed her. Go to Kilborg farm, look in every ditch and ravine and under a brush pile. In one of the little ditches you will find a revolver which was the weapon that she was murdered with. Nobody knows he had this gun except his father, mother, four brothers and a man living in Maquoketa by name of Lafay- ette or Lafayette something. One side of hill he threw club, which he hit her with once. Did not hit her with rock or two clubs found beside her. Got this revolver from firm far off, said one thousand two hundred miles. Got it about a month ago from catalogue. Piece of linen found beside girl came from her skirt. Girl fought him. First lick he hit her was side of head. Knocked her down. Can't say any more, now 2 o'clock.
Said he received communication subsequently from Murphy telling where cylinder would be found, another as to location of box of poison, another regarding location of club; that in each instance information was given to Sheriff Mitchell. No one communicated with Murphy while he was in cage. No one in cage with Murphy except Eckerlebe, the defendant.
On cross examination Mr. Tubbs said that he was away from jail on several occasions and had no personal knowledge as to whether any one communicated with Murphy on those occasions.
Attorney Levi Keck recalled and stated that he was present when communica- tion was given Sheriff Mitchell by Jailer Tubbs, regarding location of revolver. The revolver was afterward found. That up to that time he had no knowledge or information that girl had been shot.
Sheriff Mitchell recalled and said that revolver, cylinder and club were all found after communications from Murphy were received. Had no knowledge or information that girl had been shot before receiving these communications. Piece of gate, upon which it is claimed poison was placed, was introduced and placed in evidence. (Conceded by defense that Murphy would swear Eckerlebe told him he put poison on gate. This was done to dispense with form of recalling Murphy.)
Deputy Hennegar recalled and testified that he removed the board or piece of board, in evidence from the gate at south end of the Keil lane, connecting lane with pasture. Also that revolver was not found until after Tubbs brought information to the sheriff. Had no knowledge or information before this that Mina Keil had been shot. The state rests.
The trial is rapidly drawing to a close. The defense finished its evidence in chief yesterday, occupying not quite the entire day. The state will introduce witnesses in rebuttal this morning, followed by rebutting evidence for the defense, and it is thought all evidence will be closed today. The attendance was large yes- terday at both sessions, there being more people in the court room than at any time since opening the case.
Friday's Session .- The first witness called for the defense was Dr. J. C. Den- nison, of Bellevue, who, it will be remembered, testified in behalf of the state re- garding examination of the body of Mina Keil, on the evening of July 5th, the day after the murder took place, and who also assisted in the autopsy held at the cemetery on the 15th of July. In response to question by Mr. Gibbs, concerning the conditions of the organs of the dead girl on the evening of July 5th, he stated that there was no evidence indicating that the girl had been ravished; that from evidence of a reliable character, ascertained in that examination, she was, in his opinion, a virtuous girl.
On cross examination Dr. Dennison stated that his examination of said organs revealed no signs whatever of violence or force.
Stephen Roberts, a farmer living in the vicinity where Eckerlebe resided prior to July 4th, was called, and testified that he had never heard anything concerning defendant's reputation as regards moral character ; was good in that community. He never heard or saw anything out of the way with the defendant.
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John Guenther, another farmer living near the Eckerlebe and Keil places, tes- tified that he had never heard anything concerning defendant's reputation as re- gards moral character prior to July 4th. That no one ever told him that defendant was good or bad.
Wm. J. Mangler, uncle of the murdered girl, was placed on the stand to testify in regard to character of Eckerlebe. Said that he did not know what his reputa- tion was.
Henry Eckerlebe, father of defendant, was examined by Mr. Bauman. He said that he was sixty-two years old and for twenty years previous to December of last year had resided in Washington township, Jackson county. That defendant was twenty-four years old last March. Defendant lived at home and worked on his farm until he was twenty-one years old, since which time he has worked out. Was at home last summer from the Ist of May until his arrest, and during that time helped with the work on the farm. When defendant was three years old he fell into a cellar, striking his head on a rock, producing temporary unconscious- ness ; but his head must have crushed in, as there is still a deep impression at the place where he struck. That lump formed on back of his head soon after this ac- cident and had been growing ever since. For two years after he fell in cellar the boy would scream out in his sleep and have to be taken from his bed and quieted ; that during these spells he would clutch at his mouth and face with both hands. He seemed to have a kind of fit. These spells continued on for two years, growing less frequent. He was sent to school, but made very slow progress ; was not as bright as other boys. Never had much to say unless it was called out of him. His conduct towards his parents was good; was always a pretty good boy and never gave witness a cross word. Witness said that Fred Keil told him and his boys that he had put out some rat poison to kill wolves and for them to keep up their dogs. Fred Eckerlebe said in same conversation that he had put some poison under manger in horse barn at home and that the chickens must have got at it. Said his mother thought the chickens had the cholera, but that he knew about what kind of cholera it was. Witness said that he had five children living and tliree dead; that one of those dead was a daughter who lived until she was seventeen, but never had any memory. She went to school but never could learn anything, not even the a, b, c's.
On cross examination Mr. Eckelebe said he did not know that Chris hit his head on a stone when he fell in cellar, but thought he did. He was unconscious when picked up. No doctor was called and no remedies used, except an application of vinegar and water. The boy was up and around next day. The lump commenced to form on his head soon afterward. Don't know that his skull was really broken. He was unconscious a couple of minutes. Began going to school when he was five or six years old, and continued until he was sixteen. Learned to spell, read, write, and figure, but is not as bright as the other boys. Did all kinds of farm labor, and after he was twenty-one, worked out, making his own contracts and supporting. himself. The daughter that had defective memory worked about house and oc- casionally in field. Her death was caused by measles.
Chas. Rihal, of Maquoketa, testified that during the month of July, last year, he lived in Bellevue, and on the 7th of July he went with a party of eight to the scene of the Mina Keil murder, to search for anything that might be found which would furnish a clue to the murder. Arrived at the ground about 9:30 in the morning and made a careful search of the ground, brush piles and ravines; said that all brush piles in vicinity of where body was found was examined by looking under and through them. Crowd were looking for revolver, bloody shirt, a club or anything that would furnish a clue. Found nothing in brush piles or on the ground excepting a hair pin belonging to the murdered girl. The distance from Bellevue to the Keil or Eckerlebe place is about six miles.
On cross examination said that brush piles were not lifted from the ground 11or torn apart. At this time had not heard it intimated that the girl had been shot.
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Had heard she had been killed by a bull. Walter Dorlan, of Bellevue, told him she had been killed with a stone.
Samuel Campbell, of Bellevue, supervisor of Jackson county, was one of the searching party mentioned by Mr. Rihal, and described the search substantially as former witness.
On cross examination said brush piles were not torn apart.
Fritz Eckerlebe testified that he was a brother of defendant, Christian Ecker- lebe; that he was in Bellevue on the 4th day of July, having walked in from home with his brother Henry, starting at about sunrise and arriving about 9 o'clock. Saw Chris Eckerlebe, the defendant, at Bellevue that day at 10 o'clock. He was near the Dierk's drug store, corner of Second street when he saw him. The reason he knew it was 10 o'clock was that after he saw him he walked to Kucheman's store and noticed the hour on the clock, which faced the door. The next time he saw defendant on that day was just at noon. He came into the back room of Kucheman's store where witness was eating some crackers and cheese and joined him in eating. Saw him again on that day at 4 o'clock in Hipton's yard.
On cross examination Mr. Wynkoop kept the witness going at a pretty rapid gait. He was badly confused at times and apparently failed to comprehend many questions that were asked. His statements as to the time and places at which he saw defendant, however, were not contradicted. Said he was twenty years old; that when he came to town on July 4th, he went to Kucheman's store; from there he strolled over on Front street, where he remained for some time, then started back to Kucheman's store again and as he was passing the Dierk's corner he saw defendant ahead of him; that he (witness) went on over to Kucheman's store and remained there until noon and until he had eaten his dinner.
C. F. Hilar, of Bellevue, foreman of a lumber yard in that city, said that he knew defendant and had known him since 1884. That he saw him in Bellevue on the 4th day of last July at corner of the Merchant's hotel, located on east side of Second street. This was between 2:30 and 3:30 o'clock in the afternoon. Said that after eating his dinner he had taken a nap, waking up at 2:30, and at that time started up town; heard of a fight at Stile's saloon and went up there to find out about it. Was in Stile's saloon fifteen or twenty minutes. When he came out met the defendant on walk, who spoke to him. Went from there down to Weck's hotel office and noticed by the clock there that it was 3:50 o'clock. The hotel is the dis- tance of two blocks from the saloon ; was on walk ten or fifteen minutes.
Mr. Hilar said on cross examination that he didn't know, as a matter of fact, whether the clock at Weck's was correct or not. Said there was quite a crowd in the corner when he saw Eckerlebe.
Mrs. Gertrude Damon testified that she lived in Bellevue ; was married four months ago; that on the morning of the 4th of July she, in company with the gentleman who is now her husband, drove to the latter's father's farm twelve miles below Bellevue. They left town at 8:30 o'clock and when driving over stony point, about a mile from town, they met Chris Eckerlebe the defendant. Had known him by sight for a good many years and was sure she was not mis- taken. He was alone. Her husband spoke to him.
On cross examination said her maiden name was Schwab. Never had been introduced to Eckerlebe and never was at party or public gathering with him, but was positive the man she met that morning was Chris Eckerlebe. Didn't remember how he was dressed.
Nicholas Devlin, of Bellevue, was called and stated that he knew Ecker- lebe the defendant, and remembered seeing him at Bellevue on the 4th of July, but didn't recollect what time in the day it was. Eckerlebe was in front of the Merchants' hotel leaning against a tree. Couldn't give the exact time but thought it was late.
Guido Worth, of Bellevue, engaged in the law, real estate and insurance business in that city, testified that he knew Christian Eckerlebe, the defendant. Saw him in Bellevue on the 4th of July at about 12:30 o'clock. He
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was leaning against a tree in front of Stile's place. Witness said he was on opposite side of street talking for five or ten minutes, and that it was while he was there that he saw defendant.
Cross examination brought out the statement that witness occupies office with Squire Campbell, before whom preliminary examination was held. At the time he saw Eckerlebe he (Eckerlebe) had on a black suit and wore black hat.
Dr. J. C. Langan, of Clinton, testified that he was practicing physician and surgeon. Had called at jail to see Eckerlebe, at suggestion of Deputy Sheriff Moran, in December last. Had made an examination of his head, found a marked depression on back of head. Depression was two by three inches and over half an inch in depth. Stated that such depression might be caused by a blow or fall and as it was over the center or brain, in which organs of mem- ory are located, would affect memory by causing absorption of brain matter. The greater the length of time the depression existed the more marked would be the deficiency in memory. Dr. Landon on cross examination said that from his examination he ascertained that defendant's memory was not up to the standard. Tested it by asking him about his ancestry, his grandparents and brothers and sisters. Didn't know whether he was feigning or not. Did not examine him as to his sanity or insanity. Applied no test for purpose of de- termining his knowledge of right or wrong. In answer to his hypothetical question, in which was incorporated a statement of the facts concerning the history of defendant as brought out during the trial, the doctor said if the statements then were true there was not a loss of memory as a result of the injury received in childhood. He said that in the examination made of de- fendant he discovered an absence of the reflex of the eye, which is indicative of allesion of the brain.
Stephens Roberts recalled, and stated that he saw defendant near Stile's saloon on the 4th day of July, between 3:30 and 4 o'clock and spoke to him. At this point defense rests. County Attorney C. H. George, of Clinton, first addressed the jury on behalf of the state and spoke for an hour and a quarter, making a careful review of the important testimony and presenting a strong argument to sustain the jury in not holding the defendant guilty of murder in the first degree, but for fixing punishment at the extreme penalty of the law. The law, said Mr. George, must be enforced as it exists even though the duty laid down by that law might not be a pleasant one. The jury had been carefully examined and sworn to try the case upon the evidence pre- sented, impartially and without prejudice. According to the instructions of the court the jury would have the right to find defendant guilty of murder in the first or second degree. If in the first, it lay with the jury to say whether punishment be fixed at imprisonment for life, or at the extreme penalty- death. It would appear from the evidence, urged Mr. George, that whoever killed Mina Keil, is unquestionably and undeniably guilty of murder in the first degree. There can be only one conclusion and that that the murder was com- mitted premeditatedly, deliberately and maliciously, and the law demanded that the murderer of this innocent girl should have the extreme penalty meted out to him. Mr. George reviewed Murphy's testimony and argued with great force and convincing earnestness that it had been fully corroborated in every detail. Up until the information furnished by Murphy there was no knowl- edge that the girl had been shot. The body had been buried without that fact having been discovered. The information told that the girl had been shot and where revolver could be found. The body was exhumed and the bullet im- bedded in the skull, corroborated Murphy; the wounds upon the head cor- roborated Murphy; the finding of the body and cylinder at the place where information said they would be found, was further positive corroboration; the club discovered in like manner, more proof. In fact everything stated by Murphy in his information secured by him in a confession from the defendant
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