History of Lucas County, Iowa containing a history of the county, its cities, towns, etc, Part 62

Author:
Publication date: 1881
Publisher: Des Moines, State Historical Company
Number of Pages: 761

USA > Iowa > Lucas County > History of Lucas County, Iowa containing a history of the county, its cities, towns, etc > Part 62

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To show that Iowa has exerted these influences and restraints to a wholesome degree, it is only necessary to state, that out of a population of over a million and a half of people, from all nations and climes, there were only 1,446 convictions in the entire state, for all grades and classes of crime, during the year 1879. Of these 570 were for nuisance; 205 for larceny and burglary; 74 for burglary alone; 72 for selling intoxicating liquor; 65 for assault; 39 for assault and battery; one, only, for illegal voting; 41 for keeping gambling houses, besides for other minor offenses. For the higher crimes-felonies-there were eight convictions for murder in the first degree, and seven in the second degree; for arson, four; assault,

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with intent to commit murder, fifteen; assault, with intent to kill, six; attempt to bribe a court, one; forgery, twenty-seven; grand larceny, twenty-five; perjury, two; robbery, twelve. This aggregate, of less than fifteen hundred persons convicted of crime, is a small per cent out of a population of more than a million and a half, and speaks highly for the good government of Iowa, and the moral, religious, and social influences of her people.

During the same period, the year 1879, there were six convictions by the district court in Lucas county, of which three were for burglary and two of the perpetrators were sentenced to the penetentiary-one for nine months, the other for five years-and the third one to the county jail for thirty days. The other three of the six were convicted-one for assault and battery, and fined five dollars and' costs; another for malicious mis- chief, and sentenced to the county jail for fifteen days; and the other one, a druggist, was convicted for nuisance and fined five dollars and costs. The total amount of fines imposed by the district court of the county dur- ng this year was $10. The total amount of fines collected during this year, which included fines imposed previous years, was $76.45. The total expenses of the county that year, because of criminal prosecutions, not including district attorney's fees, $3,502.06; the total amount paid the district attorney by the county as fees for criminal prosecutions during 1879, $144.59. In 1878, there were seventeen convictions by the district court in the county, thirteen of which were against saloon keepers, for keeping nuisances, who were fined $300. Thus it will be seen that the laws and good order are very well observed in Lucas county, which speaks well for the moral and social culture of the people. The more thoroughly and carefully the children, especially the boys, of a locality are trained in the ways of right doing, through parental care, and the influ- ences of. the school, the church, and moral and social example, the less crime there will be, and the less need of reform schools, jails and peneten- tiaries.

In the earlier days of Lucas county, when the country was newer, and the influences which maintain good order to-day, were not so effectually organized and strong as now, crime was bolder and more desperate in its sway.

But, one tragedy has left its bloody stains upon the fair name of Lucas county. It was a double tragedy-an eye for an eye, a tooth for a tooth. A murderer's hand struck down a respected citizen and a faithful officer of the law, which was avenged by an excited populace, the moment his life became extinct. The Chariton Democrat of July 12, 1870, gave a full account of the terrible affair, written upon the ground at the time of its occurrence, which we copy in full, as follows:

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Last Wednesday was a day of terrible excitement in Chariton, and one that will long be remembered. It was fruitful in crime, and speedy in retribution. Sheriff Lyman was murdered in cold blood upon one of the public streets, by a horse-thief, and the murderer expiated his double crime at the end of a rope. We herewith give a full statement of the melancholy events.

Early on Wednesday morning a young man arrived in town, having in his possession a horse, and his efforts to sell it aroused the suspicion of some of our citizens that he had stolen it. He finally sold the horse to Capt. W. I .. Robison, for $50 and a watch. Sheriff Lyman, becoming confirmed in his suspicions, took the fellow in charge, while he was at a saloon jnst south of the southeast corner of the square. The prisoner still insisted that he was innocent, said that he lived near Freedom, in this county, and could bring men to testify as to his good character. The names that he gave were those of persons unknown to the sheriff or any others who heard them, and they told him so. He then wanted to go alone and bring persons who, he said, would vouch for him. The sheriff was willing that he should go, but that he should also go with him. To this the thief objected, and moved off a few steps as if about to walk off alone. The sheriff told him to "hold on," and also started, as if to follow him. The young man stopped, turned around, pulled out a large navy revolver, and told the sheriff to stop-that if he did not, he would shoot him. Sheriff Lyman was him- self unarmed, but he hardly believed that the man would shoot, and deliberately made another step or two toward him-when the fearful report of the pistol in the man's hands showed that he was as desperate as he pretended to be. The sheriff threw up his hands, and exclaiming, "Oh Lord ! he has killed me," fell forward upon the sidewalk. The murderer at once started upon a run, and turning around the corner of Dennis & Kittredge's wagon factory, made for the alley running east, closely followed by one or two men. Reaching a farmer's horse that was tied in the alley, he was cutting it loose as his pursuers came nearly up with him. He pointed his pistol at the foremost one in such a manner as to cause them to stop a moment, when he jumped upon the horse, and broke for the timber, about half a mile east of town, known as Baker's grove. Reach- ing the fence that encloses the timber, he dismounted, left the horse, and sight of him was lost. The alarm was speedily raised, and the whole town turned out. Those who could raise weapons armed themselves, and all who could procure horses followed after him as fast as their horses could carry them, two or three hundred others followed on foot. The shooting took place at half past eleven o'clock, and by one o'clock nearly three hundred persons were in and around the grove hunting him. The search continued for three or four hours, but as no system has as yet been established, it promised to be fruitless and many of those who had missed their dinners began to wend their way homeward. About four o'clock, however, organization was secured, and the company started through the brush from south to north, in regular picket line, men being also stationed at regular distances to watch for the game. Mr. Copeland, the banker, was the first man to discover him, and while he started to find assistance and direct others how to proceed, two young men-mere boys-named Thomas Mar-

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tin and Solomon Dawson, came upon him-neither party seeing the other until they had come within five or six feet of each other. The thief and murderer was coming toward them in a stooping attitude, with his pistol pointed at Mar- tin, and demanded of him in a sharp whisper to "keep still." Martin made for him, and when the man saw there could be no escape without a fight, he fired at Martin, the shot passing over his shoulder. With that, Martin struck him over the head with his gun, partially stunning him and almost knocking him down. He then sprang upon the desperado, threw him down, and in a moment more assistance had come, when the villian surrendered. He was immediately pin- ioned, and brought to town, his captors having hold of each arm. He came very near being lynched in the woods, but a statement to the effect that Sheriff Lyman desired to see him, was all that saved him then. When the crowd arrived in town, the excitement reached a high pitch, and he would probably have been hung the moment he reached the square, had not another request come from the sheriff for permission to see his murderer. A small party took the prisoner in charge, and conducted him to the sheriff, who recognized him. The fellow told the sheriff that he was the man who had shot him, that he was sorry for it, and asked his forgiveness. Lyman unhesitatingly expressed forgiveness, and the murder was taken back toward the court house. At this juncture a man appeared with a new rope in his hand and raised the cry of " hang him!" " hang him!" and then such an excitement occurred as but few men ever before witnessed. Some well-disposed citizens interfered, and counseled respect for · the laws, and asked that the culprit be given a chance for his life, or at least a fair trial by jury; and with great efforts the mass of the crowd was kept back, and the prisoner was fairly whirled into a small room in the court house, and the door closed. The feeling of the crowd seemed to subside, and by six o'clock hopes were freely expressed that the people would let the law have its proper course. This, though advocated by a majority of the well-disposed citizens of the community, was strongly opposed by others, and there seemed to be a deter- mination on their part that the murderer should not escape. They maintained that it looked like imbecility to spend time and money to punish this man, as all knew he ought to be punished, and there were those who would not depart until the ends of justice should be satisfied. The terrible news becoming spread through the country, the " vigilantes" or anti-horse thief society, begun to put in an appearance, each one seeming to understand the situation, and evincing great coolness with determination. At half past ten o'clock, it was announced that Gaylord Lyman, the victim, had breathed his last, and then the doom of his murderer was sealed. A crowd was at the court house, a rope had been pro- cured, and a formal demand for the prisoner was made by the captain of the vigilantes. The officers, of course, refused to deliver him up, but about that time two heavy beams came against the door, and the prisoner was soon at the mercy of an outraged community. He was taken to the south door of the court house, and the rope being adjusted about his neck, and the other end being passed in at a window upstairs, he was asked if he had anything to say, and here is his reply:

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"Gentlemen-I want you all to forgive me; I am a poor boy; my mother died when I was small. It is the first time I ever committed crime; I was in liquor at the time."

Further remarks were cut short by a severe tightning of the rope, and Hiram Wilson, a confessed horse-thief and murderer, had severed his earthly connec- tion. Hiram Wilson is the name that he gave. He said that his father's home is in Putnam county, Missouri, about five miles from Warsaw, in Wayne county. He was twenty-one years old, sandy complexion, red hair, shock headed, five feet eight inches high, and would weigh about 155 pounds. He had a bad look, apparantly brutalized in all his nature, and betrayed but little anxiety for bis situation until the final demand was made upon the officers, when he begged of them to save him, and on being told that his time had come, he plead to have his shackles taken off, and that was all. he asked. He was a despetate character, and would have fought like a tiger. He met his fate as he would a dinner or an ordinary business matter, and seemed, to the last, to feel that he was still worth several dead men. When the church-bell commenced tolling for Lyman, Wil- son had "passed in his checks," and was shortly after cut down, life having been pronounced extinct. His body was taken into the court house, where it remained until Thursday morning, when, an inquest having been held, he was taken by the sexton and buried in the "Potters' Field," and his relations were notified of what had taken place. The statement of Wilson that he was in liquor when he did the shooting, was wholly untrue, and no one who saw the deliberation and coolness with which he committed the deed, and his activity in escaping, will believe that he had been drinking to excess.

Perhaps we should have stated earlier that the sheriff, immediately after being shot, was taken into Uncle Billy Lewis's house, when medical aid was at once called. Doctors Gibbon, Stutsman and Heed did all that could be done to relieve his sufferings, but they knew that his life must be brief. The ball entered his right spine, about the third or fourth rib, penetiating his lung, and lodging somewhere near the spine. He lived just eleven hours after receiving the wound. The deceased leaves a family of four or five children, and a wife, whose death has been hourly looked for several days past. He was in limited circumstances, which will make the sad occurrence still more painful to the bereaved family, which so much needed his fatherly support. The sad occur- rence spread its gloom over the entire community, and while there may be a few who do not endorse the means by which justice was administered to the criminal, yet there is not a man who can say that he did not deserve all that he got. In moment of sober reflection there is not a community in the land where it would be more difficult to raise a mob than in Chariton, and we do not believe that when the facts in the case go out into the world, there will be many who will censure us for what, under other circumstances, might be looked upon as law- lessness. The necessity for such summary measures is to be regretted, but there are cases where statute laws fail to accomplish their object, and our citizens were determined that this should not prove an instance of that kind. And while they well knew that the crime deserved the punishment visited upon by the cul-

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prit, they also thought best to make an example of him, in the hope that it might havea salutary effect, and secure us from such high-handed outrages in the future.

While we write, the funeral of the sheriff takes place. A gloomy sadness is visible upon every countenance. Business is suspended, the work-shops are closed, and people of all classes have turned out, en masse, to accompany the remains to their last resting place. The Odd Fellowe and other societies are out in full strength, and the quietness and earnestness of the demonstration, would be sufficient to convince any one that the tragic termination of Sheriff Lyman's life is regarded as a calamity upon the community. He was respected and liked by all who knew him, and if there were any who had ever conceived an unkind feeling for him, that feeling gave place to real sorrow at his death.

There were many exciting and ludicrous incidents connected with the tragedy and the chase. Old Joe Johnson was one of the first to follow the murderer, and when he was about to jump upon the horse, "old Joe" came rather close to him. Wilson pointed the pistol at him and told him to get back, and he got. John Reed was the first to arm himself, and could have shot Wilson, had not some women and children, who had been called to the street by the excitement, been in range of his gun. Capt. Leeman was the first to follow him on horse, and they had an exciting race to the timber-Leeman being not more than twenty steps behind him when he ran into the bush, and had he been armed, he could easily have shot him. But he saw where Wilson ran into the bushes, and dis- covered the direction he had taken, which aided greatly in the capture. During the hunt in the woods, Wilson at one time, fell in with the line and pretended to join in the search. Squire Gallagher thought he recognized him as being the man they were after, and asked him where he came from, who he was, etc.

After the prisoner was brought to town, he pointed out Ed. Lewis and said that fellow would have ridden over him once, while he was in the weeds had he not drawn up his feet. Jesse Coles was also so close to Wilson at one time that the latter was on the point of shooting him and taking his horse, and would have done so had he not just then heard other voices near at hand. By a statement heretofore published, an impression was created that the marshal brought the fellow into town. Such is not the fact. The marshal was in town when the news came that Wilson had been arrested, and he then took a horse and went out and met the party that had him in charge, just as they reached the outskirts of town, when he assumed the direction of their movements; but he had no more to do with it than anybody else had. Martin and Dawson kept their hold upon their prisoner until they reached the square. Among those who were most clamorous for the hanging of Wilson, we noticed a Methodist preacher and while we can easily account for his feelings upon the subject, we cannot see how he will be able to reconcile his acts with his professions of love and merey for the unfortunate. Another preacher, we are told, was quite officious at the hanging, and was the first to approach the hanging man, and feeling his pulse, pronounced life extinct. He probably looked upon it as a work of love and mercy. We might go on indefinitely with the mention of similar circumstances, but we believe that in giving the foregoing report, we have done our duty to the public.

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The press of this section of the state gave much expression concerning this tragedy, of which the following, from the Burlington Hawkeye, is a tair measure :

The shocking tragedy at Chariton on Wednesday adds another to the too numerous list that already makes up a dark page in the history of our state. The crime leading to the summary execution of the murderer was very unpro- voked and aggravating. A quiet, inoffensive, law abiding citizen, and an officer of the law in the proper discharge of his duty, was suddenly shot down by a horse thief whom he had arrested, and in a few hours expired. His family of little children left fatherless, and his wife almost a maniac, and even threatened with death on account of her sudden and overwhelming grief. The perpetrator, a miserable out-law from Missouri and doubtless a member of one of those gangs of horse thieves and cut throats who have long infested southwestern Iowa, and whose conviction, even after arrest, has been almost impossible on account of their strong organizations and accomplices in almost every county.

Under the circumstances we are not surprised that summary vengeance was taken on this guilty wretch. The provocation was very great. Still'we can but deeply regret that the citizens there could not have saved their community and the state from the reproach which attaches to every such case of summary ven- geance. If there was a case of justifiable lynching in Iowa this was probably one. And yet with all our knowledge of the circumstances and sympathy with the crually bereaved family of Sheriff Lyman, the certainty of the criminal's guilt, and the long series of outrages of which this was the culmination, we cannot approve or even excuse the conduct of those who hurried the murderer into eternity without judge or jury.

Sheriff Lyman was an Odd Fellow, and the following tribute speaks for itself :

To the officers and members of Chartion Lodge No. 64, I. O. O. F .:

We, your committee, appointed to draft a resolution, expressive of the feelings of this lodge in reference to the death of brother Gaylord Lyman, respectfully submit the following:

WHEREAS, our worthy brother, Gaylord Lyman, while in the discharge of his official duty as sheriff of Lucas county, was on the sixth day of this month, stricken down by a shot from a revolver in the hands of an outlaw, whom he was trying to arrest, and taken from his family, our lodge and his usefulness, in the prime of life.

Therefore, be it resolved by the lodge, that we deeply deplore the loss of our worthy brother, who was true to his profession, and who endeared himself to us by his gentlemanly deportment.

That by his death a most worthy brother, a faithful officer, genial and gener- ous friend, a kind and effectionate husband and father has been lost.

That we will cherish affectionately his memory, and recommend the usual badge of mourning to be worn by the members of this lodge.

That in behalf of his bereaved family this order is respectfully requested to

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enter these resolutions upon the records of this lodge, and the secretary furnish a copy of these resolutions to the family of the deceased brother, and also a copy of the same be furnished to each of our city papers for, publication.

N. B. GARDNER, E. E. EDWARDS, Com.

J. A. McKLVEEN, -

Attest: N. B. GARDNER, secretary pro tem.

A neighborhood episode of a criminal nature occurred in Cedar town- ship, on the Christmas of the centennial year, from which death ensued. The trouble was of small beginning, as neighborhood difficulties usually are. Two farmers, one, Israel Hixon, the son of an old settler of the township, Reverend Mr. Hixon, who is still living at an advanced age, at Russell; the other, Paul Cryle, became involved in a controversy over the trespasses of the stock of the latter, upon the premises of the former. As is frequently the case among farmers, the dog was employed to drive the tresspassing cattle from the fields of Mr. Israel Hixon, which, however, seemed to displease Mr. Cryle, and he killed the animal, for which act Mr. Hixon remonstrated, and angry words ensued which led Cryle to assault Hixon with the butt of his gun, the hammer of the lock of which penetrated the latter's skull, causing his death. For this grave offense Cryle was arrested, tried by a jury of his peers, and by them found guilty of manslaughter, and was sentenced by the court for a term of three years in the penitentiary, which term he served out, and returned to his old home, where he still resides.

The fatal blow which closed the life of Hixon, was struck in the pres- ence of his wife and his father. Whose sufferings have been the greatest, that wife and that father who saw the fatal act and who lost a husband and a son, or he who thus struck the fatal blow?

And still farther back in the earlier days of the county, a similar occur- rence disturbed the peace and dignity of Otter creek township. In 1856, misunderstandings arose in a neighborhood of which Alexander Lamb, William Davis, David Ragin, J. G. Woodard, Joel Carter, W. D. Reming- ton, Oliver Harvey, S. E. Carmichael, John Crawford, A. B. Danner, J. Nyswonger and others, were members, all well to do and respectable citizens. Of these, Alexander Lamb, was prominent, and generally res- pected among his neighbors, though, as is generally the case, he was not without his enemies, for this reason or that. The intrusion of the stock of William Davis, who lived on the Marke's farm, upon the premises of Alexander Lamb, and the rough treatment of it by the dog of the latter, is said to have given rise to the troubles which followed. These little annoy- ances seemed to have engendered a malicious spirit in some one toward Lamb, through which the latter suffered in the destruction of his barn and agricultural implements by fire, destroyed his honey bees, and maimed

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his animals. This destructive species of vandalism aroused, not only the alarm of Mr. Lamb, but that of his neighbors, as well; and though no evidence as to who perpetrated these acts could be directly uncovered, yet suspicion, in the minds of Lamb and his neighbors, pointed its finger to William Davis, and a relative named David Ragin, who resided with the former. The suspicion was regarded as too intangible for the course of the law, but tangible enough for mob force. The excitement of Lamb's friends was ripe for the latter course; and, armed for the emergency, they gathered in the spirit of earnest work, and on a night in August, of that year, they proceeded to the house of Davis. Ragin,taking in the situation, rushed out of the house armed with a gun making attempts to shoot, but without effect, whereupon he made a hasty retreat for the corn field near by, through which he made good his escape for parts from which he never returned.

Davis stood his ground, declaring that he had no hand in the acts of which his unwelcomed visitors accused him, and demanded that they desist from the unceremonious and unlawful act of inflicting upon him the corporal flagelation which they expressed their purpose to inflict. This demand, and his offer to submit to a legal investigation, had no terror for, nor mollifying effect upon the avenging throng. Their blood was hot, their purpose unyielding, and William Davis was the recipient, the victim, of an unmerciful flogging, the effects of which, it is said, he carried to his grave.

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History of Lucas County, Iowa containing a history of the county, its cities, towns, etc, Part 62

Author: Publication date: 1881 Publisher: Des Moines, State Historical Company Number of Pages: 761

Author:
Publication date: 1881
Publisher: Des Moines, State Historical Company
Number of Pages: 761