USA > Iowa > Jackson County > History of Jackson County, Iowa; Volume I > Part 59
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"The night was clear and beautiful; the broad, full moon hung splendidly bright near the midheavens, and all creation was still, except when the drunken curses and blasphemies of Thompson vibrated through the frosty night air. It was almost as light as day while they stood talking, about opposite to where Mike Altfilisch's store now stands, when they saw Mitchell approaching them, about one hundred yards off, walking rapidly down the street. Thomp- son and Montgomery immediately advanced to meet him. When nearing each other, Montgomery hailed to Mitchell to look out. Neither slackened their pace ; they met opposite to the brick house of Weston's above Mrs. Hades. Neither of the two attempted to shoot until they were within three feet of each other, when Thompson raised his pistol, presenting it to Mitchell's breast, bursting the cap, and at the same time striking Mitchell across the hand with his bowie knife. Mitchell now fired his pistol at Thompson, the ball taking effect in his heart, and he fell dead in his tracks, with his pistol still clenched in his hand, loaded, with the cap bursted, and his bowie knife lying about three feet from him. Mitchell, finding he was dead, returned to the ball room and told what had occurred to the frightened, white faced people who were there for a night of pleasure, and not to be auditors of such a frightful tragedy as had been enacted.
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"After the fatal shot had been fired, Montgomery ran in the opposite di- rection down the street, to inform me of what had occurred. I was the first, with Montgomery, to visit the corpse. There on the snowy ground lay the once manly form and the once respected James Thompson, a ghastly, lifeless lump of clay. His brief career of crime was ended. The result of the meet- ing between Mitchell and Thompson had been anticipated before the pistol shot was heard that did the fatal work. So, few were surprised when they were told that a bloody encounter had taken place, which resulted in the death of Thompson. I had only time to ascertain that life was extinct, when some fif- teen or twenty of Thompson's friends, armed and equipped, arrived on the spot, all asking, as if in one breath, "Who is killed?" When the facts were made known to them the most bitter curses and cries for revenge were ut- tered against Mitchell, and it was with great difficulty their rage and fury could be restrained long enough to convey the lifeless body of Thompson to his boarding house, where he was taken and laid out on a lounge, and left in charge of two or three men.
"On Mitchell's return to the ballroom, it did not require a statement from him to inform those there of what had taken place on the street. His countenance too plainly told the story of what had transpired, and the only inquiry was, 'Are you hurt?' Surrendering himself to Deputy Sheriff James F. Hanby, and re- questing all the ladies present to depart for their homes, he called upon the gentle- men present to protect him from the violence of Thompson's friends, for he well knew his life would be taken if he fell into their hands. There were but two or three men in the room who were armed, but the others left for their homes to procure weapons, so it left Mitchell with a small force, indeed, to protect himself with. Before the ladies could gather their shawls, preparatory to their departure from the ballroom, Brown and his men were heard coming up the street, swear- ing the most terrible oaths and yelling like a band of savages, 'Revenge ! Revenge !' The scene in the ballroom at that time baffles description; men, women and chil- dren were flying in all directions, leaving their shawls, cloaks and bonnets behind them in their panic, terror and flight, while Mitchell, Anson Harrington and John A. Hall sought safety by going upstairs. Those two gentlemen, being the ones armed, volunteered their services to stand by Mitchell in his hour of need. Hanby went out to meet the approaching mob to stay their vengeance, if possible, but could not accomplish any good, as there was no reason in the enraged devils to appeal to. Mrs. Mitchell, her daughter (who is now the wife of our respected citizen, Mr. N. Kilborn), and two of Mitchell's sisters, Mrs. Abe Brown and Miss Kate Mitchell, with several other ladies, had also taken refuge upstairs. Upon the ar- rival of Brown and his men, they found the lower floor deserted, so he started to go upstairs, ordering his men to follow. He hastily placed his foot on the second step, when he saw Mitchell at the head of the stairs, with a pistol drawn on him, with the firm spoken warning that if he advanced one step he would be a dead man. Brown did not wait for the warning to be repeated, for he knew his man too well to attempt any trifling at that time, so he and his gang, who were at his heels, left the stairway as quickly as their legs would permit them to do so. Baffled in their attempt to ascend the stairs, and knowing that a second attempt to do so would end in the cost of some of their lives, they commenced calling to the women to come down, swearing that they would burn the house. Finding the women would not come, in obedience to their orders, they began firing their pis- tols up through the floor. While this terrible performance was going on, Hanby pressed a cutter into his service, and with it conveyed me to the scene of action. Upon arriving there, I found Brown and his men in the wildest state of excite- ment, determined to have revenge for the murder of their comrade. At all times previous, Brown had been respectful to me, and when I ordered them to disperse, telling them I would take charge of Mitchell and be responsible for his forthcom- ing in the morning, and that I should protect him from mob violence at all hazards, holding him accountable to the law only for whatever crime he had committed,
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my speech to them had the desired effect, and a few words from Brown quieted his men, when they left, swearing if Mitchell was not forthcoming tomorrow they would hold me personally responsible for his nonappearance. Going upstairs I found the three men above mentioned, with their pistols in hand, looking terribly grim and pale with excitement. They had taken the stove from its place and put it near the head of the stairs, for the purpose of tumbling it down on the attack- ing party, should they attempt to ascend. The women were as pale and silent as death, and the two men joked as though they were gladiators waiting to be called into the dead arena of mortal combat. When I informed them that Brown and his gang had gone, and that there was nothing more to fear that night, the relief such welcome intelligence gave to the ladies had a very singular effect on some of them. Mr. Mitchell's two sisters, who had stood bravely by their brother with such weapons as they could defend him with from the mob, now, when danger was over for the present, sank into their seats weak and exhausted from the ter- rible ordeal of fright and excitement through which they had passed. All their courage and strength forsook them for a time; then reason was dethroned, and they acted more like raving maniacs than they did like the sensible, rational beings they usually were, and it was some time before they could be calmed down enough to again become reasonable and possessed of their better senses. About this time Hanby came and whispered to me, saying Brown was at the door below and wished to see me. On going to the door, Brown advised me to station a strong guard around the house, because, as he informed me, the boys were all getting drunk, and there was no telling what might happen under the circumstances. I ordered Hanby to summon a posse of the best men in town, which he did as soon as pos- sible. The posse was put in charge of Henderson Palmer, a man that Brown's men not only respected but feared. Peace and quiet was restored, and the morn- ing dawned on the eastern horizon just as beautiful as though no night of horrors had been passed by these terror stricken few who had remained with Mitchell in that hour when his blood was so loudly called for by his enemies. All the ladies, except Mrs. Mitchell and her daughter, had departed for their respective homes, never to forget, while they live, that terrible night and its scenes and fears that almost froze their blood with horror. Mitchell had become calm, regretting very much the necessity that had driven him to take the life of a fellowbeing. At 9 o'clock in the morning, Mitchell was escorted by a strong guard (more for the purpose of protecting him from violence, than any fear of his making his escape) to the justice's office. In the meantime, a coroner's inquest had been held over the body of Thompson. The verdict was that Thompson had come to his death from a pistol shot in his heart, fired by James C. Mitchell. Mitchell being ar- raigned before the court, Thompson's friends were kept at a respectful distance, while the preliminaries of an examination were going on. Mitchell waived an ex- amination and was committed to answer the charge of murder before the proper tribunal. He was not admitted to bail, but taken to a room, placed in irons, under guard, there being no jail in the county at that time. The board of county com- missioners were notified to meet at once, and make arrangements for his safe- keeping. Thompson was decently interred in the burying ground above town. The board that indicated his last resting place has long since disappeared from the face of the earth, and I don't know of any person now living who can point out the particular spot of the grave of one whose brief career is unparalleled in the annals of crime anywhere. The board of county commissioners answered promptly to the call, the late William Morden being one of them, a man in whose integrity and judgment the people had the most abiding confidence. Brown honored and respected him so much that a word from Morden to Brown was almost the same as law to the latter. On arriving in town, Morden addressed the citizens. Brown and his gang were all present. He deprecated mob law and pointed out in a for- cible way the evils and injustice always attending and resulting from it. Advis- ing moderation, he appealed to them to let the law' take its regular course, pledg- ing himself that Mitchell should be forthcoming on the day of trial, and also, that
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Mitchell should have a fair and impartial hearing. His speech was received with marked attention and respect, and frequent applause greeted him from both par- ties. His very presence seemed to inspire the restoration of order and law, and all felt hopeful that quiet would again be in the ascendant among them. The com- missioners, after considering as to the best plan of keeping Mitchell, concluded to place him under guard in his own house, believing his family would, to a great ex- tent, deter the bandits from molesting him there. The fact, too, that his house was a strong building, the window shutters being of oak, two inches in thickness, made it the most secure place for Mitchell's personal safety and retention. The excite- ment being over and the effects of bad whisky having died out, order was again re- stored and the death of Thompson ceased to be the absorbing topic of conversation."
"THE GUNPOWDER PLOT."
"The fine body of timber on the island opposite Bellevue, which belonged to the government, was culled by Brown, who had had more than one thousand cords chopped off during the winter. As the island was subject to overflow, it became necessary for Brown to devise means to have it conveyed to the Iowa shore while the ice was good. In about ten days after the death of Thompson, Brown's stable was stocked with twenty or more as fine horses as had been seen in town. Brown had reported that he had sent Fox and Long to Michigan for them, and that they were taken in payment for outstanding debts he had due him in that state when he left it. Mr. William Graham purchased a span of these horses from Brown and the rest were rigged with harness, sleds and drivers to convey the wood over the river to Bellevue. The sound of the ax had ceased on the island and those who had swung it abandoned it to ply the whip instead, so that one continued stream of teams were hourly crossing and recrossing the river with wood. Cording it up on the Iowa shore gave things in Bellevue a live appearance, and one not know- ing the character of these men thus employed, would be loath to believe they were anything but hard working men, striving to make an honest living by the sweat of their brows. The most of the wood had been hauled from the island and the long line of cords on this shore gladdened the hearts of steamboat men, for in that day captains of steamers often found it difficult to procure wood to run their boats with. When the wood business stopped, it left Brown's men in idleness, when, for want of honest employment, they resorted to their old habit of gambling and drinking bad whisky, which, of course, disordered their tempers more than ever. Their sullen, morose looks foretold that there was some mischief brewing. Wells, who still had their confidence, and was ever on the alert, told me I had best stay about town, as there was damnable plotting going on, and they had resolved by some plan to have the life of Mitchell, if possible, which plan Wells said was not matured yet. The chief movers in the plot were Aaron Long, Chichester, Baxter and Fox; Brown being as ignorant of their intention toward Mitchell as I was. Wells had joined with them in their plotting, so he could notify me of their in- tended movements. Our best and most substantial men were secretly apprised of the information Wells had given, when they readily volunteered to assist in guard- ing Mitchell's house. Long and his associates, finding that the guard had been in- creased, had to devise some other means of taking Mitchell than that of storming the house. They were not long in hitting upon another damnable plan, which was to place a keg of powder under Mitchell's house and blow it and its occupants to atoms. This plan Wells opposed, saying it would be too great a sacrifice of life, but finding that his oppositon had the effect of still more exciting their passions and vindictive spirits-whisky having been freely drunk-they were ripe for any- thing, no matter how diabolical or desperate the performance was to be. So Wells fell in with their terrible purpose, and volunteered to apply the torch. J. K. Moss' store was broken into and a tin can containing fifteen pounds of powder was stolen to blow up Mitchell's house with. It was near midnight, and all creation was hushed in deathlike stillness. The guard in Mitchell's house had
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all been relieved except Aaron Harrington, who was sitting up, reading, in the back part of the house.
"There was a shed used for a summer kitchen, and from this shed a stairway entered the cellar in which the can of powder was deposited for the blowing up of the house. Wells had got himself into an extremely embarrassing predicament by offering to apply the match to the combustible that was to blow Mitchell, his house and family into eternity without a moment's warning. Gladly would he have notified me of the plot, had it been possible for him to have done so; but he had no time nor opportunity to do this, as the plot, great and desperate as it was, had been concocted upon the spur of the moment, to be carried out almost immediately. They had imbibed freely of whisky, in order to nerve themselves for the diabolical tragedy they had determined to enact on that eventful night, in which a dozen or more innocent persons were to be blown to atoms in order to satisfy their thirst for revenge against Mitchell, whom they hated with more than mortal hate. Their confederate in crime had been slain by Mitchell, and they had sworn, in their wrath, that nothing but his life could atone for the wrong which they pre- tended he was guilty of. They well knew, from testimony that was given at the inquest over Thompson's dead body, that Mitchell was justifiable in the act of killing Thompson, and that no honest jury would ever convict him of murder. These facts staring them in the face, and the strong guard protecting Mitchell's house while he was a prisoner, unable to protect himself, forced the bandits to adopt the desperate plan they did to take the life of Mitchell, as they well knew that to storm the house would result in the death of many of their number. Rogues and outlaws are always natural cowards, and never engage in a struggle when there is personal danger to themselves. So with these men, who would rather sacrifice an innocent family and other innocent parties than to hazard themselves to any danger in taking Mitchell's life.
"Wells' long association and intimate knowledge of the character of these men, and of how utterly reckless they were in executing their plans, when once determined upon, induced him to volunteer his services, in order that he might prevent the horrible disaster that would inevitably have followed the plot, had it not been for him. The can of powder was placed in the cellar by Fox, assisted by Wells, who was to prepare the train from the cellar to the outside of the house. A dark lantern was brought into requisition to light them in laying the train of destruction. To all appearances, things were fixed up to Fox's satisfaction, when he and Wells returned to their comrades, to tell them of the success they had had in placing the powder in the cellar, and laying the train, without having been dis- covered by anyone. This news occasioned the passing around of the bottle, which was repeated in rapid succession until the whole party, except Wells, were crazy drunk, and each eager to apply the match of destruction. It was 2 o'clock in the morning, the moon having gone down, and the night hushed into a sort of omi- nous stillness, which impressed the very atmosphere with the prophecy that a ter- rible, sickening crime was about to be committed. But when the question was raised as to who should apply the fatal match to the powder train, even the drunken courage of these heartless outlaws forsook them, as none seemed willing to do the horrible deed. As Wells and Fox had planned the whole affair, and made every- thing ready for the final explosion, they reasonably contended that it was no more than fair that another of the party should touch it off. It was then agreed that they should cast lots among themselves, and by it determine who should apply the match. The lot fell upon Chichester, who, without a moment's hesitancy, pro- ceeded to the doomed house and lit the slowmatch, and then betook himself out of the way. A small report was raised, which aroused the guard, who ran out with lanterns in hand, looking for the cause of the disturbance. Seeing no one around, they supposed some one had attempted some damage on the house, and then fled. They then placed a patrol on the outside of the building, who stood guard until daylight. Nor did they know until the next evening, of the deadly
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plot that had threatened them the night before. Wells had sought an opportunity, and informed me of the whole transaction. He said after he and Fox had de- posited the powder can in the rear part of the cellar from the door, he managed to deceive Fox by pretending to pour powder in the train to the door, when he put none there. About three pounds of powder had been filled into a bottle for the purpose, but Wells left the bottle at the cellar door, and from there to the out- side was as far as the train really etxended, so that all the explosion that took place was from the bottle which aroused the guards within the house.
"Upon receiving the information from Wells, I could not believe his story to be true, or that men could become so crime hardened and begotten of hell as to voluntarily attempt the commission of so appalling and dark a crime as this one would have been. It took many corroborating circumstances to convince me that this statement was true. Wells, seeing that I doubted him in what he said, remarked that if I would go with him into the cellar, I could find the powder there, and then I could also ascertain from Moss if his can of powder was not missing. Wells, for more than a year previous resided on his farm near Deep Creek, afterward known as the Carpenter farm. This step he had taken to rid himself of these bad associates in crime. His occasional visits to Bellevue were as a spy, and not for the purpose of plunder. His reforma- tion was brought about by his estimable wife, who was a sister of one of Jackson county's best citizens, John S. Dilly. Wells took his departure for his home, but before going, he said to me, 'I see you doubt me. When I come again, it will be after I am sent for ; it will not be voluntary on my part; the risk is too great, and I see that you have not the confidence in me that I think I am entitled to.'
"I made known to Harrington, Sublett and many others the story Wells had told me, when we proceeded to Moss' store and related the same story to him. He at once looked for his can of powder, and found it missing. Harring- ton and Sublett then went to Mitchell's cellar, found the powder and brought it back to the store. This fully convinced us of the truthfulness of Wells' story. The first course of action against the plotters was to have them ar- rested and summary justice dealt out to each one of them. To convict them, proof was necessary, and that could not be obtained without Wells on the stand. We could not produce any other testimony, except that of a circum- stantial kind, to corroborate Wells' statement, and then it would subject him to their vengeance, expose him as a spy, and destroy his usefulness as an informer forever afterward. Taking all these circumstances into consideration, we con- cluded to keep the whole matter to ourselves, not even letting Mitchell or his family know what a narrow escape they had from destruction, and it was not made known until Mitchell's trial. New troubles were daily making the gang more uncomfortable, now that their attention began to be withdrawn from Mitchell to the more important matter of defending themselves from the many charges made against them, by people who had been robbed or swindled by these bold depredators. Their criminal operations had become so barefaced and frequent, that good citizens all over the county began to inquire if there was no law in the territory to protect them from the depredations of this organ- ized band of plunderers and murderers, who laughed to scorn the idea of any law punishing them for their crimes. It was the unheard of atrocity of these crimes and the agitation of the above named questions that brought on the Bellevue war, which soon followed the performances described in this and a subsequent chapter.
THE THIEVES' LAST HAUL.
"As we have heretofore stated, Brown's stables were stocked with many of the finest horses in the country. A few days before the happening of the powder plot, I received a letter with a handbill inclosed in it, from Freeport,
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Illinois, giving an elaborate description of two horses that had been stolen from that town early in the fall. This description answered so well the two horses Brown had sold to Mr. William Graham, that there could be no reason- able doubt that they were the very identical horses that had been stolen from Freeport. I immediately informed Mr. Tut Baker, who had sent me the hand- bills, of the whereabouts of the horses. On receiving my letter, Mr. Baker, accompanied by Mr. Spencer, the owner of the horses, started in haste for Bellevue. Arriving about noon on the same day, we were consulting together in reference to the atrocious gunpowder plot. J. K. Moss and myself went with Baker and Spencer to Graham's, who lived about three miles north of town. On arriving there, Mr. Graham was informed of the object of our visit, and, being innocent in every particular, had no hesitancy in showing us the horses. But before going to the stable, Mr. Spencer so accurately described the animals and their peculiarities in work, that Mr. Graham expressed his belief that the horses belonged to Mr. Spencer, saying that no man but one who had owned them a long time could describe them so well. The horses were harnessed, and the whole party of us drove down to Bellevue, when Brown was made ac- quainted with the claims of Mr. Spencer.
"He received Mr. Spencer very courteously, but declared that the best judges were liable to be often honestly mistaken in identifying stock, especially horses ; that he did not doubt but what Mr. Spencer believed the horses were his property, but in this case, as in all other things, there were two sides to the question. He declared he could show, beyond possibility of doubt, that Mr. Spencer was mistaken, for the men from whom he purchased the horses were still in his employ-good, honest fellows, and farmers from Missouri, who were incapable of a dishonest transaction ; that the horses had been raised by their father, in Missouri, they knowing them from the time they were colts until they disposed of them to Brown. Here he remarked, with great earnestness, that he could prove every word he had repeated, indignantly saying, at the same time, that he would be a great fool to attempt the sale of stolen prop- erty to Mr. Graham or any one else so immediately near his own home, when it could be so easily discovered. He said he was not such a consumate ass as this would make him amount to, whatever other misdoings the community might charge him with. Mr. Baker, who, in that day, was looked upon as a sharp detective, was taken aback by Brown's boldness and shrewd acting in this matter, and saw at once he had no ordinary man to deal with. An hour before, the horses were virtually in his possession, requiring nothing more than the form of an oath to establish Mr. Spencer's title to the team. But the delusion of ownership vanished before the logic of Brown's little speech, so that Baker saw there were breakers ahead of this hitherto smooth sailing ves- sel, and that an attorney must be consulted as to the proper legal steps to be taken for the recovery of the stolen property. J. K. Moss was advised on the subject, while Mr. Graham expressed his belief that the horses were Mr. Spencer's; but Brown had notified him not to give up the horses without process of law threatening, if he did so, he (Brown) would not be responsible for the loss. Moss, who had the confidence of Brown and was his legal adviser in matters of business, proceeded to lay before him all the facts he had learned in relation to the stolen horses, and stated to him his opinion that Spencer was the right owner of the property, and that it would be exceedingly indis- creet, not to say dangerous, for Spencer to be put to the trouble and expense of proving his title to the property in dispute, inasmuch as it would awaken the community's ill feeling against Brown and his gang. The two boys, as Brown termed them, Long and Baxter, were simply two of his scamps, not worthy of belief under oath, or anywhere else, and Moss advised him to bring them to justice, and thereby gain the community's good will by showing such a purpose to do right.
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