USA > Iowa > Shelby County > Past and present of Shelby County, Iowa, Vol. 2 > Part 19
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fect's 21st of September, and we was invited to come and spend the day and take dinner with them. So we started up there about 9 o'clock and I went part way with my wife and then told her to go on, and I would go across to Hy Baughn's and see him, as I understood he had a small place to rent, and I would come back to Perfect's by noon. So I went to Hy Baughn's farm and came back by home. and Jap and the old man was there. The old man wanted to know if we could settle up our business now, as they wanted to leave as soon as possible. I said. I guess so. Well, I paid him $125 dollars a few days before, in which, when we undertook to settle, we got in a dispute over, and one word brought on another, until I called them d-d liars. Jap took it up by reaching in the trunk and getting his revolver. as I walked out in our room and got and put my pistol in my pocket, not with the intention to use it if I could help it. I stood in there meditating what to do, whether to finish paying them, or to let them have the team and all back again; but either way would cause me to be out $25. So, while I was meditating about this there, they both went down to the barn. So I made up my mind to go and compromise with them and finish settling. So I started for the barn, and I guess them thinking I was coming for other purposes. Jap pulled his revolver again and discharged it twice. One of the shots struck the barn door and the other whistled by my head outside. I jumped back and came in at the other door, making the best use of myself and revolver. and in which I did kill and conceal them there in the barn until night. and never went to Perfect's at all, and my wife never got home until dusk, and when she came I told her they was gone away. I had their clothes all hid. so she would not think or suspicion anything else, and that night I slipped out and left her in the house and put them away, and she didn't know where I was or what I was doing. And their clothes. I burnt some of them and other things. un- knowing to my poor wife. So I say she is innocent as any woman or child in this country. I have never told her any better to this day. O. God knows she is innocent of this, and for God's sake do not punish her for what I do. Let her go home to her people. for God's sake, and give her what belongs to us and let her go, God bless her! I hope and trust you all will, and don't punish the innocent. for she is innocent. I put those bodies across the bridge at the corner of the field, down over the bank, in the edge of the river. where they throw trash over the bank. And my wife can't tell you nothing of this ; it is all unknown to her, so let her go, will you please, for God's sake.
"J. K. CUMBERLAND.
"I pronounce her and babe and all eternal farewell. May heaven bless her and baby."
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It will be noticed that the confession bears the date of September I, 1889. It was in fact, however, written since the confinement of Cumber- land in jail. The paper on which it was written was a letter head of the sheriff's office. It was apparently written at a time when Cumberland feared mob law, which was threatened, and it was no doubt written to shield his wife and babe, for whom, in spite of his horrible depravity, Cumberland had feelings of affection.
After the confession Cumberland broke down completely and told the officers all about the tragedy and gave, as near as he could, the location of the bodies. The bodies were buried in the soft ground on the bank of the Nishnabotna, just across the bridge situated north of the Shelby county fair ground. Cumberland also wrote a very pathetic letter to his wife.
Shortly following the writing of this letter Cumberland was taken to Avoca by Deputy Sheriff Stone for safety and the next day, at Avoca, Dep- uty Stone, in company with Attorney F. A. Turner, induced Cumberland to dictate, sign and swear to a confession, which was substantially the same as the first, except that it located the bodies more definitely and had the ad- vantage of being witnessed by a notary public. In this confession, Mr. Cum- berland stated that he went from Harlan to Missouri Valley, and that after remaining there three or four days, he then went to Council Bluffs, from Council Bluffs to St. Joseph, and then went to work on a railroad, running from Fort Scott, Kansas, to Rich Hill, Missouri. He then went to Carthage, Missouri, where he worked on a railroad and then went to Springfield. Missouri, where he conducted a wood yard for some months, and then ran a job wagon, which he was still running when arrested.
Search was soon instituted for the bodies, King Honeywell and W. R. Honeywell being particularly active in this work. The bodies were finally discovered by King Honeywell at a point very near that described in the confession. The exact location was two hundred and twenty feet northeast of the bridge over the 'Botna, on Robertson's farm, under the high bank of the creek which runs very close to the highway. This point had been fre- quently used as a dumping place for rubbish, which prevented the creek from encroaching further upon the highway. The bodies were found in a hole four and one-half feet deep and thirty feet from the river bed. The skull of Jasper contained two holes. one in the forehead and one at the base of the head, the condition of the bullet hole at the front of the skull showing that the shot had been fired from behind. James Robertson's skull had been crushed.
The verdict of the coroner's jury was that James Robertson came to his death by a blow on the head with some blunt instrument, and Jasper Robert-
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son probably by shooting through the head, all at the hands of J. K. Cum- berland.
People who knew the Robertsons placed no credence in Cumberland's claim that Jasper had shot at him. as both of the Robertsons were inoffensive, kindly men. The fact is the Robertsons had some money and Cumberland owed them for a team and wagon, thus by committing murder he paid his own debt and got their money.
Much credit for the ferreting out of this terrible crime was due to At- torney R. P. Foss. Attorney D. O. Stuart. County Attorney J. B. Whitney and Sheriff George S. Rainbow, who for many years maintained a fine repu- tation for clever work in running down criminals.
After some years of delay. occasioned by a hard-fought trial in the dis- triet court and by an effort to induce the governor of the state to intervene, as well as by an appeal to the state supreme court of Iowa, which affirmed the decision of the district court, Cumberland was sentenced to be hanged and was executed in 1891, at Fort Madison. The defendant was prosecuted by T. R. Mockler, county attorney, and by Attorney D. O. Stuart. He was defended by Byers & Lockwood.
TRAGIC STORY OF THE LAST DAYS AND DEATH OF WILLIAM H. WHISLER.
Shelby county has produced many brave and adventurous spirits. Per- haps none of her young men ever had a more unusual or striking career than that of William H. Whisler.
During the late seventies Mr. Whisler resided for several years in Shelby township and worked in the town of Shelby, and also on several of the farms in that vicinity. Apparently tiring of what must have appeared to him to be a somewhat monotonous life. he went to Omaha and enlisted as a private in Company F, of the Ninth Infantry of the United States Army, on August 13, 1879.
In 1881 Gen. A. W. Greely. who is now a resident of Washington, D. C., was selected to command an American Arctic Expedition, known as the Lady Franklin Bay Expedition, which, in conjunction with twelve others, formed a circumpolar chain of scientific stations for meteorological and other observations in the Arctic regions. The expedition penetrated to the then farthest north, latitude of eighty-three degrees, twenty-four minutes, cross- ing Grinnell Land. Their supplies ran low and a majority of the men died of starvation. When rescued by the third relief expedition at Cape Sabine. under Commander W. S. Schley (afterward a famous naval commander during the Spanish-American War), on June 23, 1884, the party was reduced
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by death to seven members, who were all on the point of starvation. General Greeley himself had practically abandoned hope of living, as indicated by entries in his diary.
In his work, entitled "Three Years of Arctic Service," published in 1885, descriptive of the Lady Franklin Bay expedition. General Greely, in a diary kept by him and published in that work, details occurrences in the life of William H. Whisler.
From the tragic record one learns that the first birthday celebrated by the ill-fated expedition was that of Private Whisler, upon the completion of his twenty-fourth year. At this time the practice was inaugurated and in- variably followed of exempting from duty the man whose birthday was being celebrated, and allowing him to select a dinner from the entire list of pro- visions and dainties in stock. Mr. Whisler was frequently chosen to do par- ticular work for the expedition. For instance, with Sergeant Ellison, he was sent to Cape Merchison with a dog sledge to repitch the tent and put it in good condition, for future travelers. General Greely sent Whisler with two other members of the party, and with two sledges, in an attempt to cross Grinnell Land coast to the westward to establish a cache for a future party. During the long, lonesome winter the men had a checker tournament, in which Whisler won a prize.
When the last day of winter came and with it the long-expected return of the sun it was Private Whisler, with Lieutenant Kislingbury, who climbed Bellot island and saw the whole disk of the sun, when the temperature was forty-six and six one-hundredths degrees below zero. The rest of the party contented themselves with a view of the upper limb of the disk, from the station.
When General Greely found it necessary to make an exploration cover- ing fifteen or twenty days, Mr. Whisler was one of the three persons chosen to accompany the General. At this time Whisler and Greely, himself, dragged one of the sledges. .
General Greely speaks of Whisler as having great energy. He appears. also, to have been a close observer. for Greely mentions him as having seen small fish, as having shot a ptarmigan and a hare, and as having sighted some musk-oxen. One member of the party, named Sergeant Rice, had in- jured his shoulder badly and Whisler was placed in charge of him. General Greely speaks of this service in the following words, found in Volume I. at page 168 of the work hereinbefore referred to: "The latter ( Whisler), in his extreme zeal to be of assistance, had left the station without orders, and was far too thinly clad for such exposure. The weather was moderately
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SHELBY COUNTY, IOWA.
warm (29-33.90), but the over-exertion, followed by a reaction, so af- fected him physically and mentally that he would have perished from cold had it not been for Sergeant Rice's judicious and persistent efforts in his behalf. The success of his action was all the more creditable. The exposure affected Private Whisler's mental faculties in much the same manner as was vividly described by Kane in the experience of his party, in which several men eventually perished. It was several hours after his return to the station before Whisler was entirely in his right mind."
The last entries made by General Greely in his diary touching the last days and death of Whisler were as follows :
"May 9 ( 1884) : I wrote out wills today for Whisler and Salar.
"May 19: Isrel and Whisler have quite broken down.
"May 23: Whisler managed to get up the hill alone. He became weaker, however, in the afternoon, and is unconscious this evening. [ It ap- pears from the diairy that the tent in which the few survivors of the party were living was moved on this date. ]
"May 24: Whisler was unconscious this morning and died about noon. I read the service over him and he was left outside near the tent where he had died, for the present.
"May 26: The stronger of the party succeeded in burying Whisler this morning. One man was shot because of his persistence in stealing food. which at this time was so scarce that the whole party was in danger of dying."
It should be remembered at this time that the men alive were eating the oil-tan cover of a sleeping bag, and lichens and moss. One person ate his own boots, and seal skin thongs were made into a stew.
In his work, General Greely pays this tribute to Private Whisler : "Whisler was a man of fine physique, who had always labored his best to advance the interests of the expedition." On a map showing the Garfield mountains, there is a mountain, named Mt. Whisler, which is undoubtedly named for the brave Shelby county boy, who was one of the best explorers of the party, energetic and faithful. One of the photographs or cuts shown in the work represents Long and Whisler returning from Archer Fiord.
The funeral of Mr. Whisler occurred at Delphi, Carroll county, Indiana, August 13, 1884. A newspaper of that town contains the following account of the funeral, together with some additional information concerning the dead hero:
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WHISLER'S FUNERAL AUGUST 13. 1884.
"The body of William H. Whisler. the Carroll county boy, who perished in the Greely polar expedition, arrived in this city on Sunday last, and was immediately placed in the corridor of the court house, where it lay in state, under guard. until Tuesday morning. Hundreds of visitors passed through the building, viewing the casket and a photograph of the Greely crew con- taining the likeness of the deceased. The entrance was decorated with the national colors.
"Governor Porter arrived Monday evening and was taken to the resi- dence of Mr. and Mrs. Enoch Rinehart. On Tuesday morning the Clinton Light Guards of Frankfort, and Company C, of Lafayette, also arrived. At nine o'clock the procession formed on the south side of the square. Preceding the body was a martial band. carriage containing the governor. Col. John H. Gould and family, and following were the military companies: Company C, First Veteran Regiment. Lieutenant Bennett, commander : Company H. First Veteran Regiment. Lieutenant Gresham, commander; Clinton Light Guards, or Company K, Third Regiment, Indiana Infantry, Captain Hunt- singer, commander ; and a long line of citizens, in carriages and on foot. The military companies formed a part of the cortege until beyond the city limits and, returning, took the regular train for the scene of the funeral services. The train was packed to its utmost capacity, even the baggage and express cars and platform being jammed. The railroad company had kindly ar- ranged for the comfort of the attendants on the funeral and accordingly the train stopped at the crossing near the place arranged for the ceremonies. Several hundred people left the cars here and marched to Shistler's woods, where the stand had been erected and handsomely decorated. Both in front and to the rear it was covered with the national colors. Immediately in front was a large picture of the entire Greely party, which was viewed with much interest by every one. At this time the grove contained an exceedingly large concourse of people.
"The funeral sermon was preached by Rev. J. W. Hott, of Dayton, Ohio. He chose as his text the thirty-sixth verse of the thirteenth chapter of Acts. 'After he had served his own generation he fell asleep.'
"Addresses were also made by Rey. S. R. Seawright. Colonel Gould, and Rev. W. E. Loucks, of Logansport. Indiana.
"Governor Porter, of Indiana, being present, Captain Gross next intro- duced him. He said that he had had no idea of taking active part in the
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ceremonies of the occasion, but was simply present as the chief executive of the state, to represent it in person upon so solemn and yet so great an occa- sion. He said that the fame of the young hero did not belong to the county alone, nor yet to the state, or even the nation, but to the workl. The gov- ernor's remarks were dignified. fitting and appropriate. His presence, con- duct and remarks made an excellent impression.
"The body was interred with full military honors, the companies form- ing on the south side of the open grave and firing three rounds.
"Thus ended the solemn ceremonies. Today. just five years ago. William H. Whisler enlisted in the regular army, and his time would have expired on this, the 13th day of August, 1884.
"Over three thousand people followed the remains to the cemetery. On the casket was the inscription : W. H. Whisler. Private Ninth Infantry, U. S. A., Died May 24, 1884, Age Twenty-seven.'
"The casket containing the remains of Private Whisler was made of boiler iron, one-fourth of an inch in thickness, the bottom and sides being in one place. The ends and the top were bolted with half inch bolts. two inches long, and then sealed perfectly air tight. Strict orders were given prohibiting the opening of it.
"The mother of William H. Whisler died in Shelby county. Iowa. May 27, 1877. His father was C. C. Whisler, a native of Franklin county, Penn- sylvania. and his mother was Leah H. Catherine Whisler. His brother, Clarence J. Whisler. was famous as a wrestler, having died in Melbourne. Australia. February 15, 1885.
"William H. Whisler was the second child. He was one of the five hundred men who volunteered to go with Lieutenant Greely's expedition to the Arctic regions. Being a young man of remarkably fine form and hand- some physique, he ranked highest in medical examination and was the first selected out of five hundred volunteers. The expedition sailed from St. John's, New Foundland. on July 7. 1881. From this point he wrote a letter to his friends, in which he realized the dangers that beset the enterprise. He asked the prayerful consideration of his friends and closed with a 'goodbye' that now seems sadly prophetic. He was the last of the seventeen to die. and passed away May 24, at Melville Bay. 1884. aged twenty-seven years."
Perhaps no better tribute to William H. Whisler himself could be given than General Greely's dedication of his "Three Years of Arctic Service." in these words, laconic and stoical, in the literary style of the trained soldier :
"To the Lady Franklin Bay Expedition. these volumes are dedicated : to its dead, who suffered much-to its living, who suffered more. Their
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energy accomplished the farthest north ; their fidelity wrought out success : their courage faced death undauntedly : their loyalty and discipline in all the dark days ensured that this record of their service should be given to the world."
LAYING OF CORNER STONE OF COURT HOUSE.
One of the great days in Shelby county history was Thursday, August 4, 1892, on which the corner stone of the present court house was laid, in the presence of more than five thousand people. The day was opened by a base- ball game between the stone cutters and brick masons working on the build- ing, which was won by the former by a score of fourteen to twelve. A wheel- barrow race was won by Ed. Parker. A bicycle race was won by Fred Mills. The fat man's race was won by William Bartrug. R. L. Kent, of Monroe township, afterwards county recorder of Shelby county, won a foot race, with E. Philson, of Jackson township, second. James Tague won an egg race, with Garfield Long second. Charles Weiggart won a potato race, with William Fritz second. Charles Long took first prize in the second potato race, and Charles Potter second. The hundred-yard free-for-all foot race was won by Gus Moore, now better known as Dr. E. A. Moore, George True, second, and John Quigg, third. all these persons being well known members of the famous W. L. Baughn Hose Team. A race for the old soldiers was won by T. M. Harford, of Irwin; second, John Honeywell. of Harlan. The two-hundred-yard foot race was won by Gus Moore, with Frank Hille, sec- ond. . Throughout the entire forenoon balloons were sent up and during the entire time between eight o'clock in the morning and noon. music was fur- nished by the half dozen bands present, among them the celebrated Earling German Cornet Band, which is now in existence, with a number of players who were present at the laying of the corner stone.
The nine o'clock train brought up Masonie Grand Master Phelps and several other gentlemen from Atlantie, besides large delegations from Shelby and elsewhere in the south part of the county. The incoming visitors were met at the stations by committees with carriages and by the band and escorted to the public square.
At II :30 o'clock dinner was announced at Wyland's Park, which is now the Park School ground. Here a score or more of waiters looked after the needs of the hungry crowd. Everybody had enough to eat and an abundance was left. After dinner the crowd assembled on the public square, where a procession was formed in the following order :
The Harlan Bicycle club, Earling band, Masons, Danish band of Har-
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lan, Masons, officers of the Masonic Grand Lodge, Harlan cornet band, Har- lan hose team, Kirkman band, Knights of Pythias, Panama band, citizen -. stone cutters and brick layers, ragamuffins. The procession marched south on Third street to Baldwin, and thence west to Second, where the line of march turned north to the square, and thence to the court house, where the laying of the corner stone took place. The ceremonies were opened with prayer by Chaplain J. W. Chatburn, of the Latter-Day Saints church, following which the choir rendered music. "The stone was then hoisted into position ready for receiving the box containing the deposits, a description of which was given by Grand Secretary C. F. Swift. after which the box, hermetically sealed, was placed in the cavity prepared for it, and lowered to its place. After this the ceremonies were wholly Masonic, consisting of the application of the plumb, square and level to the stone, and the declaration that it was true and correct in all these particulars according to the Masonic ritual. After all these ceremonies were completed Grand Master Phelps delivered a short address, reciting the advance. growth and prosperity of our people in every material. art and science. This completed the ceremony of laying the corner stone of Shelby county's new court house.
In the afternoon the people were entertained by different sports and exercises. A part of the immense crowd was entertained by a literary pro- gram, at which Judge J. W. Chatburn acted as toastmaster. Mayor W. J. Davis, of Harlan, one of the well-known early settlers of the county, spoke of "Shelby County as It Has Been." in a five-minute speech. Attorney T. 11. Smith, at present a pioneer attorney of Harlan, discussed the topic. "What a Lawyer Should Be." J. W. White, of Jackson township, on behalf of the farmer, discussed the topic assigned to him. "Who Pays the Freight?" At- torney H. W. Byers, later attorney-general of lowa, discussed the topic. "What Shelby County Will Be." Attorney D. O. Stuart, also one of the pioneer lawyers, of Harlan, had for his subject, "The Town of Harlan." W. T. Shepherd responded to the toast. "The People of Shelby County." "Father" William McGinness, who had been assigned a place on the program. was unable to be present by reason of the infirmities of age. Attorney G. W. Cullison, also assigned a toast, had been called away on business, and Senator W. F. Cleveland was also prevented from speaking by the pressure of other business. In the evening there was a two-hours' display of fireworks.
A committee, consisting of C. F. Swift. N. Booth and Prior Tin-ley. collected and had deposited in the corner stone, written and printed history. books, pamphlets, etc., as follows :
A copy of the Holy Bible, donated by the American Society.
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A brief history of Shelby county, containing its date of organization. an account of its early settlements, its various resources, a list of the first and present officers.
A copy of the proceedings of the board of supervisors relative to the submission of the question of voting a tax, to the qualified electors of the county, for the purpose of raising funds for the erection of a new court house, the returns of said election and the result.
Deposit of Parian Lodge No. 321. Ancient Free and Accepted Masons, Harlan, Iowa, containing date of charter, charter members, first officers, pres- ent officers and present membership.
Deposits in the corner stone were made by the following seeret. civic. benevolent and miscellaneous organizations, etc .: Guardian Lodge No. 441. Free and Accepted Masons, Defiance, Iowa: Sardius Lodge No. 444, Free and Accepted Masons, Irwin, lowa: Olivet Chapter No. 107, Royal Arch Masons, Harlan : Mt. Zion Commandery No. 48. Knights Templar, Harlan ; Lebanon Chapter No. 8, Order of the Eastern Star. Harlan : Shelby Chapter No. 67, Order of the Eastern Star. Shelby: Harlan Lodge No. 267, Inde- pendent Order of Odd Fellows, Harlan ; Canopy Lodge No. 401, Independ- ent Order of Odd Fellows, Shelby: Ellsworth Lodge No. 473. Independent Order of Odd Fellows. Irwin ; Defiance Lodge No. 99. Independent Order of Odd Fellows. Defiance: Carthage Lodge No. 65. Knights of Pythias, Har- lan ; Prudentia Lodge No. 258. Knights of Pythias, Shelby: Defiance Lodge No. 259. Knights of Pythias. Defiance: Dick Yates' Post No. 364. Grand Army of the Republic, Shelby : Gen. W. T. Sherman's Camp No. 231, lowa Division Sons of Veterans, Harlan: General Schofield Camp No. 162, Iowa Division Sons of Veterans, Harlan : Woman's Relief Corps No. 178, auxiliary to Harlan Post No. 197: Methodist Episcopal church of Defiance: Metho- dist Episcopal church of Kirkman: Methodist Episcopal church. Shelby ; Danish Baptist church of Harlan; First Baptist church of Harlan; Baptist church of Bowman's Grove: Congregational church of Harlan: Church of Christ of ITarlan : Church of Latter-day Saints of Harlan : Church of Latter- day Saints of Galland's Grove; Presbyterian church of Shelby: Evangelical church of Harlan : Woman's Christian Temperance Union of Harlan ; Harlan Literary Club: Shelby County. Alliance : Harlan Fire Department ; the Shelby County Anti-Horse Thief Association: the publishers-one copy of the Harlan Tribune. Shelby County Republican. Industrial American, Shelby News, Panama Herald and the Defiance Enterprise. newspapers published in Shelby county: Woman's Political Equality Club of Harlan: Methodist
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