USA > Iowa > Allamakee County > History of Winneshiek and Allamakee counties, Iowa > Part 46
USA > Iowa > Winneshiek County > History of Winneshiek and Allamakee counties, Iowa > Part 46
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Perhaps the most foul murder ever perpetrated in the county was that of Barney Leavy by Charles O Neill, on Lansing Ridge, in 1860, the circumstances being as follows:
Leavy was a teamster between Lansing and Decorah, and much of the time put up at Marsden's, on the Ridge. O'Neill lived not far from there on the same road. One Sunday a young man by the name of Hughes, somewhat intoxicated, was driving back and forth along the road, and stopped with a companion at Mauch's brewery for a glass of beer, where he met Leavy and got into an altercation with him, both being in a mood to indulge in pugilism. One or two Sundays after this occurrence it was being talked over at Mauch's, when Leavy, in the presence of O'Neill, declared he could whip Hughes; whereupon O'Neill, who was an old friend of young Hughes' father, with whom he had chummed in California, resented his language and hot words passed between them. At a later hour, after they had left the brewery, Leavy whipped O'Neill, who then went home and armed himself with a knife and gun, but apparently concluding that the knife would do the work the best, secreted the latter under the fence. He then proceeded to a point on the road where he knew Leavy would pass, and which was darker than elsewhere. the trees at that time
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HISTORY OF ALLAMAKEE COUNTY.
meeting overhead from either side, and lay in wait behind a large stump until his victim had passed, when he sprang upon him from behind and accomplished his work. We may add that Hughes, Sr., father of the young man above alluded to, had also killed a man, in Lansing we believe, some years earlier; but he died of cholera before he was brought to trial.
At the December term of the District Court O'Neill was in- dicted for murder in the first degree. In June following his trial took place; he was found guilty of murder in the second degree, and on the 23d of that month was sentenced to the penitentiary at Fort Madison for life. He was still living at last accounts, but was completely broken down and failing, having become quite aged and decrepid.
Another horrible murder occurred on Yellow River in September, 1867, but the murderer escaped the gallows, which would in all probability have been his end had he come to trial. The circum- stances were these: John Minert and Wm. H. Stafford were neighbors; the former, a well-to-do and respected citizen, owning a mill dam which he was raising and improving. Stafford, a good enough neighbor when sober, was brutal and savage when in li- quor, and had threatened Minert should he raise the dam, as it would overflow some of his land. He came upon Minert with an ax, and without a word from either cut his head open, killing him almost instantly. He then fled the country. Sheriff Townsend immediately offered a reward of $1,000 for his apprehension, and Gov. Merrill afterwards $500. The Board of Supervisors refused to endorse Townsend's reward and it was withdrawn. At a sub- sequent session the offer of $1,000 was made by the Board. A man named Wesley Smith, living near Postville, had been post- ing himself as to Stafford's whereabouts, and as soon as an amount was offered sufficient to pay him for the risk set to work to bring him to justice. Letters were being received quite freely by Staf- ford's family, who were still on Yellow River, from Minnesota. It was discovered that these letters were remailed by friends of the family in Minnesota, and by intercepting them his where- abouts was ascertained to be in Arkansas. Smith, with an assist- ant, went to Arkansas and arrested him, and brought him as far as Memphis, where the prisoner discovered his guard dozing and escaped from the boat. His hands were shackled at the time, but no trace of him was found.
In March, 1862, a press for printing counterfeit money was found in Whaley's mill pond, on Village Creek. It was deposited in the court house at Waukon, where it remained until February, 1868, when it was sold for old iron.
Jas. K. Rinehart and Geo. Rose were arrested for passing coun- terfeit money in the spring of 1868 and lodged in jail at Waukon, On the morning of May 28th Rinehart was found to have escaped by digging through a number of thick plank and the brick wall
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his companion having been bailed out a day or two previous. He was recaptured in August and returned to his quarters. The case against Rose was finally dismissed for want of evidence. If we are not mistaken Rinehart again escaped, but got into the Wiscon- sin penitentiary where he is said to have died.
In November, 1870, Anderson Amos was convicted, at Du- buque, of passing counterfeit money, and sentenced to fifteen years. At the same time Douglas was sentenced for eight years, and others had narrow escapes from implication.
In January, 1869, Frank May shot his nephew, Charles May, dead, at their place on the Iowa near New Galena, they having had some dispute as to the division of the crops. The murderer declared it was done in self-defense, but nevertheless took him- self out of the country, it was supposed. About the first of Oc- tober following some unknown person attempted to take the life of James May, brother of the one killed the previous winter, firing at him a charge of buckshot, which, however, did not take effect in a vital part. The assassin was supposed to be the missing uncle who we believe was never apprehended.
On the night of July 30, 1869, a man who gave his name as Fredrick Shaffer, broke into the Kelley House at Postville, but being discovered fired at Mr. Kelley, who returned the fire, break- ing Shaffer's thigh, near the body. He was lodged in the county jail; but in November he escaped by digging down and under the foundation wall-"gophered" out-and upon a horse he stole, or which was stolen for him, he rode to near Monona and took the train for Chicago. There he was arrested in December for a burglary committed at Beloit, Wisconsin, the summer before, and recognized as an old offender by name of Frank Leonard with many aliases. His career, as narrated in a Chicago paper, includ- ed a robbery in Michigan, burglary in Juneau, Wisconsin, a bank robbery at Nashville, Tennessee, and burglary and shooting at Dubuque. In each of these cases he had been arrested, some- times escaping from custody, and again being released upon re- vealing the whereabouts of his "swag," or serving his term. He had also engaged in bounty jumping during the war. In his Be- loit affair he was arrested but escaped by shooting and wounding two officers. The last heard from he was sent to the Wisconsin penitentiary for five years in March, 1871, for crime in that State.
January 20, 1872, John Martinson fatally stabbed Christian Hanson at a dance in Lansing. Martinson fled the country, but in July of the following year, 1873, he was arrested in Chicago, brought to Lansing for examination, and lodged in the Waukon jail. At the next December term of the District Court he was convicted of manslaughter and sentenced to five years in the pen- itentiary, but received a pardon about September, 1876.
In December, 1872, F. H. Bartlett plead guilty to the larceny of a horse, and received two years in the penitentiary.
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HISTORY OF ALLAMAKEE COUNTY.
In October, 1873, Chas. Van Hooser, in a misunderstanding at Postville, knocked J. N. Topliff down with a club. In June, 1874, he was convicted of assault with intent to commit great bodily in- jury, and fined $200 and costs.
June, 1874, James Gillman plead guilty to larceny and received six months in the penitentiary.
In 1874, were developed the facts of the defalcation of J. G. Orr, of Lansing, who left the country and his whereabouts are not known to this day. It seems that in his official capacity of post master of that place, he had defrauded the Government to the tune of $3,000-or not far from that sum- and as collector of Lansing City and township had appropriated as much more be- longing to the county, and Lansing incorporation, making a grand total sum of $6,000. The affair created quite a stir at the time, of course, and his bondsmen have good reason to ever bear it in mind, as they were called upon to settle Orr's delinquencies, though we believe the settlement was made as easy for them as possible, the full amount of the deficiencies not being exacted.
On the night of May 17, 1875, at a Turn-fest ball in Post- ville, a quarrel occurred, during which Matt. Beuscher was shot in the side and not expected to live. D. B. Tapper, a young man, whose parents were in good circumstances and lived near Monona, was arrested, with one Joseph Ingalls, and bail fixed at $15,000 and $500 respectively, pending the result of the shooting. Beuscher recovered; Ingalls we believe was discharged from custody; Tapper was brought to trial in December, 1875, convicted of assault with intent to commit great bodily injury and paid a fine of $200.
In April, 1876, T. C. Smith's store at Dorchester was burglar- ized, for which one Charles Thompson was arrested at Calmar in Winneshiek County. In June following he was convicted of bur- glary and sentenced to one year at hard labor in the peniten- tiary.
Dec. 21, 1876, Andway Torfin, who lived on the Iowa River in Hanover township, while returning home from Decorah with others, got into an altercation near Locust Lane with a party of Winneshiek Norwegians, one of whom gave Torfin a blow upon the head with a sled stake, from the effects of which he died three days later. Three of the party were arrested, only one of whom was held, Helge Nelson by name, and in June following he was convicted of manslaughter.
April 20, 1877, at Lansing, Andrew Soderlin, a Swede, and Mathew Carey, Irish, had a quarrel, during which the latter struck the former, who retaliated with a stake from a wagon, striking such a blow over Carey's head that he died after but a few hours. Soderlin was arrested, and at the June term indicted for manslaughter, but was acquitted on the grounds that the blow was in self-defense.
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PATRICK KEENAN
HISTORY OF ALLAMAKEE COUNTY. 427
A case of assault occurred in Center township May 7, 1877, which attracted a great deal of attention, the victim being a res- pectable young lady of that township, who had been engaged to one Olaf T. Engebretson, a young fellow about twenty, but her parents knowing him to be a shiftless, worthless fel- low, had induced her to cast him off and refusehis attentions. Monday morning Miss was to commence teaching in the neighborhood, and as she went to her school Enge- bretson was seen with a shot gun, apparently going to in- tercept her, but she arrived at the school house before him. Fol- lowing her up he rapped at the door, there being but a few small children present, and as she appeared in the door-way he grabbed hold of her, declaring that as they were about to part forever he wanted a "farewell kiss," and attempted to bite off her nose, in which he was nearly successful, lacerating that member so as to horribly disfigure her face. He then disappeared, and all efforts of the Sheriff to find him were fruitless, until the following Friday when he put in an appearance at Harper's Ferry, where he was arrested and taken to Waukon. Waiving examination he was re- leased upon $300 bail to appear at the next term of District Court. Early in July he again invaded Miss - -'s school- room, flourished a revolver and badly frightened both teacher and pupils, but the opportune arrival of a director prevented any mis- chief. Failing to appear at the November Court, he was re-ar- rested in April following, and convicted of assault with intent to commit great bodily injury, receiving a sentence of one year in the county jail.
A shooting affray occurred in a Lansing saloon July 5th, 1878, the saloon keeper, Philip Bieber, killing a man named Seiple. Bieber was arrested and gave bail in $2,000. When his trial came on he plead guilty of assault with intent to commit great bodily injury, and escaped with a judgment of $50 and costs.
A fatal affray occurred in Waterville October 20, 1878. James G. Savage was an experienced railroad hand and section boss on the narrow gauge. He was an intelligent, well disposed man, and peaceable when sober; but the demon of intemperance had gained the mastery of him, and he was given to indulgence in "regular sprees," at which times he was an ugly customer, as liquor made him wild and quarrelsome. In the few months preceding he had figured prominently in numerous fights and one serious stabbing affray. In company with several congenial spir- its, Sunday morning, Savage went down to Johnsonsport by hand- car and procured liquor, returning to Waterville in the afternoon considerably intoxicated. In this condition his party went to the Adams House, a tavern kept by Ed. Neudeck, and called for liquor. They were refused, whereupon Savage proceeded to de- molish things generally, throwing bottles, glasses, etc., out of doors, and treating the "boys" all around. They afterwards went
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out, and returning about dusk, found the doors locked, and Neu- deck warned them to keep away, and that he would shoot them if they forced an entrance. Regardless of this in his drunken bra- vado, Savage kicked in the door, and as he did so Neudeck fired one barrel of his shot-gun, the charge not taking effect, and im- mediately fired again as Savage pressed forward to seize the gun, whereupon the unfortunate man fell to the floor, and Neudeck in the excitement slipped away. Neudeck was a man of more than ordinary intelligence and ability, a miller by trade, who came from Clayton county the preceding fall. The next day he presented himself to the Sheriff at Waukon, and was lodged in jail. At the next November term of the District Court he was acquitted, on the ground of self-defense.
In March, 1880, Daniel McLoud, of Linton township, was ar- rested upon a charge of rape, the victim being his own daughter, only fourteen years of age. At the May term of court he was convicted, and sentenced to ten years in the penitentiary.
Early on the morning of August 24, 1879, two burglars went through the office and safe of the mill company-Hemenway, Barclay & Co., at Lansing; first overpowering the night watch- man, R. G. Edwards, whom they beat nearly to death and left bound and gagged, and in an insensible condition. They blew the sate open with powder, but for all their trouble obtained scarcely fifty dollars. They then joined their companion who was await- iag them with a skiff, and escaped At first it was supposed there were four men in the transaction, and a party of that number were arrested below McGregor in a skiff the next day, but proved to be not the ones wanted. Two of the burglars, Charles Wood, alias "Pittsburg Kid", and Frank Lucas, were captured at La- Crosse two or three days later, with tools in their possession and checks of the firm. Wood owned up the crime, and tried to ex- onerate Lucas from any participation in the affair, further than rowing the burglars to the scene and away again, claiming that his companion was one James White, alias "Sandy," or "Red;" and this one was arrested at Lansing shortly after. They were all placed in the Decorah jail to await the next term of the district court, our county jail not being sufficiently secure. It was ascertained from Wood, or the "Kid" as he was generally called, that he was one of the parties who burglarized two or three stores in Waukon the previous spring; and it was evident he was a hardened criminal and skillful cracksman, besides being much older in years than his looks would imply. The three had been in the Decorah jail but a short time, when they one night made an unsuccessful at- tempt to overpower the Sheriff and escape. November 12th fol- lowing, indictments were filed against them, and the "Kid" at first plead guilty with the view of being sent to the reform school, but the law fixing the age of admission to that institution at un- der sixteen years, the plea was witherawn. That night they en-
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HISTORY OF ALLAMAKEE COUNTY.
deavered to gopher out of the county jail, but were discovered and their plans frustrated. The "Kid" had his trial at this term, and received sixteen years in the penitentiary. The cases of the oth- ers were continued, and they remanded to the Decorah jail, fron which they escaped on the evening of January 22d following, by sawing off a bar to a window. Lucas, and another prisoner by name of Bernard, were re-captured in the Yellow River timber, not far from Myron on the following evening, but White got clear off and has not since been heard of to our knowledge. Lu- cas, trial came on in May, 1880, when he was convicted and sen- tenced to twelve years. On an appeal to the Supreme Court, a new trial was granted, which took place in May, 1881, with the same result-a sentence of twelve years, less the time already served.
CHAPTER IX.
County Seat Contests; Selecting the " Old Stake;" The First Elec- tion; Second Election, Columbus Carries the Day; Lansing rs. Columbus; a Commission Selects Waukon; Commissioners' De- cision Ratified at the Polls; Other Rivul Claimants; Waukon Again Ahead; Lansing Once More in the Fight; Waukon Wins; Another Election, and Re-Location of County Seat, this Time at "The Point;" A New Election, and an Appeal to the Courts; Waukon Finally Wins a Conclusire Victory; Interesting and Exciting Episodes.
The county seat contests since the organization of the county form an important feature of its history; but at times they created so much excitement and bitter sectional feeling that it is a delicate matter to treat of them even now in such a manner as would seem to all parties strictly impartial. Of course the loca- tion of the seat of county government at any place was consid- ered to be a great advantage, and numerous villages, which can now hardly be called villages, at one time or other each had high hopes of securing a prestige thereby that would establish their prosperity on a permanent basis. They who entertained these hopes were doomed to disappointment, however, and when the contest was narrowed down to the principal towns of the county, the other sections turned in on one side or the other, according as they were moved by feelings of local advantage, public weal, or disappointment and revenge, and the contest between Lansing and Waukon was prolonged and bitter, until repeated decisions by the public voice settled it permanently in favor of the latter place.
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HISTORY OF ALLAMAKEE COUNTY.
In January, 1849, at the time of passing the act for the organi- zation of Allamakee county, the General Assembly appointed three commissioners, viz .: Wm. Linton. John Francis and James Jones, to select a suitable location for the future county seat, and, as we have previously stated, they fixed upon a point in Jefferson town- ship, since known as "The Old Stake." This selection was prac- tically useless, however, as points of more importance were at- tracting attention. and at the April election of 1851 the ques- tion was submitted to a vote of the people, the contesting points being Vailsville (now Harper's Ferry), Reuben Smith's place on the Yellow River, in Post township, and Columbus, on the Missis- sippi. This election resulted in no choice, neither place receiving a majority of the votes cast, and another was ordered for the first Monday in May. Vailsville being out of the contest at the elec- tion, Columbus received a small majority and became .the county seat.
About this time there existed a spirit of rivalry between Lans- ing and Columbus, which developed into a jealousy on the part of Lansing (which had become an aspiring little town) toward her next door neighbor, and induced her to attempt to deprive Colum- ibus of her honors and the advantages accompanying them. Al- though Columbus had really no natural advantage which would entitle her to the county seat, except that of a boat landing, her proprietors and their friends were too powerful to warrant a direct issue, and so Lansing resorted to strategy, and urged the propriety of a re-location of the county seat at the geographical center of the county. Of course the settlers in the western por- tion were nothing loth to enter into this movement, and a meet- ing was held at Ezra Reid's, in Ludlow township, December 4, 1852, to consider the matter. Edward Eells was selected as chair- man of the meeting, and John W. Remine, of Lansing, and C. J. White, of Makee, were secretaries. The result was that the General Assembly was petitioned to have another point designated as the future county seat of the county. In January, 1853, the Legislature granted the petition, and for the purpose of selecting such point, appointed a commission consisting of Clement Coffin, of Delaware County. John S. Lewis of Clayton County, and Den- nis A. Mahony, of Dubuque. The third section of the act estab- lishing this commission, reads as follows:
"Said commissioners shall locate the county seat of the county aforesaid as [near the geographical center as a due regard for the present and prospective interests of the county shall appear to them just and proper; they shall, also, be influenced by the com- parative eligibility of locations, and the convenience of water, roads and building materials as also by the comparative facilities of acquiring for said county suitable building lots, or blocks, if the county seat should be located by them on private property."
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HISTORY OF ALLAMAKEE COUNTY.
The commissioners were directed to meet at Columbus, then the county seat, on the first Monday in March; and they performed their duty by selecting the point where Waukon now is, forty acres of land being donated by Geo. C. Shattuck for county purposes.
The decision of the commissioners was submitted to a vote of the people at the following April election, in 1853, and after an exciting contest was ratified by a two-thirds vote.
That the re-location of the county seat at Waukon was not ac- cepted by the proprietors and friends of Columbus without a strug- gle, may be imagined. At the first term of District Court held at Waukon in June, 1853, Hon. Thos. S. Wilson, Jndge, the mat- ter was at once brought up, and we quote from an old file of the Lansing Intelligencer relating to it, as follows:
"A motion was made by Ben. M. Samuels, Esq., who appeared on behalf of the proprietors of Columbus, to adjourn the Court to that place. The grounds stated for this motion were: first, that the law providing for the re-location of the county seat, was un- constitutional, relying. in support of the position, on the 10th ar- ticle of the Constitution of the United States, wherein it is de- clared that 'no State shall pass any law impairing the obligation of contracts.' It was argued that the proprietors of Columbus, by deeding to the county two acres of land under the act of 1851, providing for the location of the county seat of Allamakee County, thereby made a contract with the county, and that the Legislature had no right to pass a subsequent act providing for a re-location. It was further argued that the town of Columbus was a close cor- poration and had acquired a substantial legal interest in the county seat, and that the Legislature, in passing the original act for the location of the county seat, had an eye to the permanent benefit of the town of Columbus. The act of 1851, authorizing the people to vote on the question, declares that 'the point receiving the largest number of votes shall be and remain the permanent seat of justice of said Allamakec.County, provided that the owner or owners of such town or point, shall, within ten days after the result of said election has been declared, make and execute to the Board of Commissioners of said county, a satisfactory and suffi- cient deed for at least two acres of land in said point.' Consider- able emphasis and reliance were placed on the word 'permanent,' which appears in the clause quoted, and it was argued that inas- much as the word appeared in the act, the Legislature had thereby forestalled all subsequent action with regard to the matter. The other objections which were made, more particularly pertained to the action of the County Judge, who, it is well known, had re- fused to discharge any of the duties enjoined on him by the act of the Legislature. Some other reasons, of minor importance, were adduced, but the foregoing were the most noticeable. Mr. Samuels made quite a pathetic oration in behalf of Columbus (as a close cor- poration), and spoke in a very affecting manner of her alleged rights.
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"The motion was opposed by John W. Remine, Esq., of Lans- ing, and Jas. Burt, Esq., of Dubuque.
"The court overruled the motion, and gave at length, and in a very plain and clear manner his reasons. As to the objections on account of the unconstitutionality of the act, he said, that the town of Columbus had, in law, acquired no interest in the matter of the county seat, that no contract existed between the proprie- tors of the town and the county.
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