USA > Iowa > Iowa County > The history of Iowa County, Iowa, containing a history of the county, its cities, towns, &c. > Part 55
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The case came up for trial on the 15th of April, 1867, and the following jury was impaneled to try the case:
C. W. Fenner, Homer R. Page, Thomas Heaton, James G. Mullikin, S. B. McLean, M. A. Malone, Alex. McCoy, E. R. McKee, C. L. Roberts, John Minseer, John Wood and A. F. Page.
After the jury had been impaneled, Hon. M. E. Cutts, special prosecutor, proceeded to read the indictment. The indictment is somewhat lengthy and is not reproduced here. Mr. Cutts' associate counsel for the prosecu- tion was Maj. H. W. Wells; the counsel for the defense was J. S. Buckles, H. M. Martin and Judge Howe, of Illinois. The first witness placed upon the stand was Mrs. Lucy M. Showers, mother of Claiborne Showers, the boy who was murdered. She testified as to the time when her son left for the West, that Kirk G. Vincent returned about the last of June, and of his peculiar conduct when she met him and inquired about her son. She fur- ther testified to the identity of the head in the possession of Dr. Conway. She stated that her son and Vincent were cousins, and so far as she knew had always been good friends.
28
446
HISTORY OF IOWA COUNTY.
. John D. Randall, a farmer living in Illinois, near Cambridge, testified that he had loaned his wagon to Vincent and Showers when they started on their journey.
Several other witnesses from Cambridge were sworn, who testified with regard to the departure from that place of Vincent and Showers.
George Haine, of Monticello, Iowa, was then sworn, who testified to hav- ing seen Vincent in that city in April, 1863, of a boy answering to the description of Showers, who was with him, of the team which they drove and other facts going to show that Vincent had been in Monticello with Showers during an entire week in the latter part of April, 1863. A. J. Yarvel, of Monticello, also testified to his having seen the two boys to- gether in Monticello during the spring of 1863. C. H. Pierce, of Mon- ticello, also testified to having seen the boys together at that place in the spring of 1863. The same fact was testified to by James Middaugh, who saw the boys in Marengo in April, 1863. Mrs. Arabella Tinker, of Bear Creek township, Poweshiek county, testified that during the first week in May, 1863, she was out looking for the cows when she found the body of the murdered boy.
The next witness introduced by the prosecution, and probably one of the most important ones, was Sampson Manatt, of Bear Creek township, Poweshiek county. We give his testimony in full:
About May, 1863, resided about four miles east of Brooklyn; still re- side there; had resided there about fourteen years then. About the first of May, 1863, there were a couple of young men stopped at my mother's to stay over night, and camped in the barn-yard. They cooked their own victuals and slept there over night. I have seen the head of one of those boys since; I have seen the other. The first time I saw one of them after they left there was in Cambridge, Henry county, Illinois. Saw the body of the one that was killed, and the head that was found. I do recognize this defendant as one of them; I am positive. They had what I would call a dun team, medium sized and well matched. Cannot describe the wagon very well; do not think it was new; it was a very good two horse wagon, with a white canvas cover. They got there sometime before sun- down, perhaps an hour before. Do not recollect the color of the manes and tails of the horses. Was with them in the evening till ten o'clock or after and some time the next morning. Spent the evening with them; had con- versation with them. They stated they were from Wisconsin; they gave no name that I heard. We had a kind of a jovial time in the evening; a little cutting up, dancing, fiddling, etc. The oldest of the two fiddled some, a few tunes; this defendant, was the larger one of the two, and did the fiddling. The smaller one danced some; he was quite an active jig dancer; he danced considerable; could not say that he tried to mimic any one. ยท Think they left between the hours of seven and eight next morning; was not at the house when they left. Don't know which one claimed to own the team. They said they were going to the gold mines; cannot say whether to Pike's Peak, or where. Think they came there Friday; am not positive. Think they left on Saturday morning. I first saw that body a half mile west of where we lived. Could not tell what day of the week it was. It was sometime during the next week after the boys left, perhaps six or eight days after. The body was lying just at the edge of some small hazel-brush, not concealed, and I think lying on the back. The head was found a rod or a rod and a half from the body, covered up with leaves,
447
HISTORY OF IOWA COUNTY.
bark and dirt. I recognized the head at first sight as being the smaller of the two boys that were at our house, that is, as soon as I saw the face. Re- cognized the pants, which was all the clothing I recognized. He had on a pair of pants, pair of socks, and three shirts, no coat, vest or hat. I took the younger one to be from seventeen to nineteen years of age. Could not give the color of his eyes and hair, only that he had dark hair. He had no whiskers; but a very light moustache, if any. The larger one had no moustache, or if he had any it was light; conld not say in fact. He had on light colored pants and vest, a dark cloth cap and dark coat. Did not notice where the wagon was made. I next saw defendant in Cam- bridge; did not recognize him at first, but the second day was satisfied in my own mind after I saw him about more, from his general appearance, that he was the man. At first he did not seem tall enough. The first time I saw him he was sitting in the court-room. When I saw him at my mother's place he was moving about most of the time. I found the dead body in Poweshiek county, Iowa.
The most remarkable circumstance of the trial was the evidence of C. W. Kyle, of Illinois, who testified to having seen Showers in the army in October, 1864, a year and a half after the murder was committed. The following is a part of his testimony:
" The last time I saw Claiborne was in the army, at Altoona Pass, Georgia, on the 7th of October, 1864. We were sent to reinforce the Twenty-third Army Corps, at Altoona Pass. They had a fight there Friday evening, October 5, 1864. We got there and I saw him on Sunday morning, the next day after the battle. I was sitting on a log there with some more of the boys, and he came and inquired if there was a man there by the name of Charley Kyle. I said there was; could not at first call him by name; he was dressed in soldier clothes; knew his countenance. Said I, 'You are ahead of me !' Said he, ' Don't you know Claiborne Showers ?' I then knew him and shook hands with him. He took my tobacco and filled his pipe, and sat down on the log and talked with me for about twenty minutes-talked about the folks at Cambridge. Said he ' God ! I hustled my boots out of Cambridge !' I went with him up the side of the moun- tain where the battle had been fought. Suppose we had been there fifteen minutes together, and I left him there on the battle-field. A soldier of the One Hundred and Twelfth Illinois was about to be buried with military honors, and I left him to go down and see him buried. He remarked about the dead bodies as we were going over the field. Have no doubt but that was Claiborne Showers. It was the same boy I saw at Mr. Showers' when he was keeping hotel, and at those parties. I came home from the army in August, 1865. I had not then any knowledge of the charges against the defendant; was not acquainted with him; believe I had seen him before hauling stone for the new jail; never had seen him but three times before I came here this time."
Nine days were consumed in taking the evidence of the witnesses, and the argument of counsel began on the tenth day. The first address to the jury was by Major H. W. Wells, on behalf of the prosecution. J. S. Buckles then addressed the jury on behalf of the defense, who was followed on the same side by H. M. Martin. The jury was then addressed by Judge Howe on behalf of the defense. His argument was a most able and ex- haustive one, and occupied about four hours.
The closing argument on behalf of the prosecution was made by the Hon.
448
HISTORY OF IOWA COUNTY.
M. E. Cutts, and the effort was one of the ablest ever made by this able attorney. His address was quite lengthy and it is to be regretted that we are not able to reproduce it as it was delivered.
The arguments of the counsel occupied three days, making the entire time consumed in the trial twelve days.
The charge to the jury was then read by Judge Sampson. It was quite lengthy, consisting of forty-three paragraphs, to each and every paragraph of which the counsel for the defendant excepted. The jury retired to their room for consultation on Saturday evening, April 27, and after an absence of about six hours returned the following verdict:
" We, the jury, find the defendant, Kirk G. Vincent, guilty of man- slaughter.
" AARON PAGE, Foreman."
On Monday, April 29, the prisoner was brought into court to receive his sentence, which was pronounced to be eight years in the penitentiary and a fine of one hundred dollars.
Vincent served the term of imprisonment, somewhat shortened by good behavior, and is now living in Illinois.
So ended one of the most remarkable murder trials which ever occurred in the State, and which at the time created quite an excitement throughout Iowa county, as well as in the county where it occurred.
SAD TERMINATION OF A BOAT RIDE.
Miss Mary Crane, of Mt. Pleasant, Iowa, was drowned in Bear Creek, on Thursday, July 29, 1875. The young lady was visiting her sister who re- sides in Marengo, and had gone out with a boating party, and the sad news which soon came back from the party threw the people of Marengo into a state of excitement which will long cause them to remember the melan- choly mishap.
The party consisted of Mellville Shaw, Douglas Westervelt, Minia Shaw and Miss Crane. The boat was an ordinary skiff and Bear Creek was con- siderably swollen by the recent rain.
At the point where the boat upset the water is very swift, and there was a branch of a tree just above the, water and one under the surface, neither of which were seen by the party by reason of a quick turn in the stream. Just as the boat was about to pass under the upper branch, two of the per- sons leaned toward the other side, at the same instant the bow of the boat struck the branch beneath the surface of the water by reason of which the skiff was capsized and the occupants were thrown into the stream.
As soon as the unfortunate persons arose to the surface they all tried to reach the shore; Shaw could not swim but succeeded in reaching the shore where he caught hold on some bushes and managed to help himself to dry land.
Mr. Westervelt was a good swimmer and grasping Miss Shaw assisted her to the land. Owing to the swiftness of the current the latter gentle- man drifted some distance down the stream before he conveyed his charge to a place of safety. While trying to gain a foothold on the treacherous bank Mr. Westervelt saw Miss Crane floating by, about eight feet from the bank. Mr. Westervelt immediately went to Miss Crane's assistance but the water
449
HISTORY OF IOWA COUNTY.
being very swift and muddy he was compelled to abandon his search, the body already having disappeared beneath the angry, turbid waves.
The three hastened to town and gave the alarm and many citizens has- tened to the scene of the disaster. After searching for sometime the body of the unfortunate lady was found and several physicians, who had been summoned, did all they could to bring back to life the cold body; but in vain; the spirit had forever departed.
The remains were conveyed amid a sorrowing multitude to the Clifton House where additional and persistent efforts were made to restore the body to life.
Finding that there was no longer any hope of restoration the body was forwarded to Mt. Pleasant.
The congregation of the M. E. Church took the following action in refer- ence to the sad affair:
" In view of the sad accident which occurred in our midst; viz., the drowning of Miss Crane, of Mt. Pleasant, Iowa, who worshiped with us last sabbath, and but last evening met with us in social church gathering we feel that some expression on our past is due on this occasion; therefore,
Resolved, That we deeply sympathize with the bereaved family and friends, and offer our devout prayers that the Divine Comforter may sustain them in their great sorrow.
" And in view of the preservation of the lives of three of our young friends in the same accident, two of whom are members of our communion,
Resolved, That we offer sincere thanks to Almighty God and trust those lives will be ever- more consecrated in his service."
FATAL BURNING.
About 5 o'clock on Friday evening, August 23, 1872, Mrs. Elizabeth S. McConnell, Marengo, started to make a fire in the cooking stove. After placing the kindling wood in the stove she proceeded to pour kerosene over it to facilitate the burning. Some fire must have been in the stove, as in an instant the flame flashed up igniting the oil in the can and causing it to explode and scattering the burning fluid over the person of the unhappy woman. She ran out of doors and threw herself upon the ground vainly attempting to extinguish the flames.
The fire was not extinguished till the body was burned into a crisp, the flesh in some parts being burned to the bone. Medical assistance was promptly at hand and the best known remedies were applied, but in vain. The victim lingered in great pain for a few days when she expired.
Mr. John R. McConnell, the husband of the unfortunate woman, was absent in the north part of the State at the time of the accident, but being notified of the calamity returned in time to be with his wife during her last hours.
SUICIDE OF JACOB HAAS.
Jacob Haas, an old and highly respected German, living on a farm south of Marengo, committed suicide September 11, 1872.
He had been unwell for sometime and frequently complained of a pain in his head. In the morning of the fatal day he was about as usual telling his son to hurry and get ready for the threshers. About 11 o'clock Mrs. Haas left the house for a moment leaving her husband alone in the room.
450
HISTORY OF IOWA COUNTY.
She had barely got outside the house when she heard the report of a gun, and speedily returning to see what was the cause of the report, a ghastly spectacle met her sight.
Mr. Haas had taken the gun from where it hung over the door, laid it on the bed, sat down in a chair, and then placing the muzzle to the right temple discharged the piece, the charge entering his brain and producing death instantaneously. When Mrs. Haas entered the room her husband was- still sitting in the chair, with the muzzle of the gun pointed at his head.
The victim was a native of Bavaria. He emigrated to this county in 1856, and at the time of his death was about fifty years old.
DESTRUCTIVE FIRE.
On Monday evening, Oct. 21, 1872, a destructive conflagration occurred in Marengo.
The fire originated in a building on the northeast corner of the square, owned by Jacob Franz.
It soon bocame apparent that all efforts to extinguish the flames and save the burning building would be unavailing, and therefore the energies of the citizens were directed to remove what articles they could secure from the building and then prevent, if possible, the further spread of the flames.
Heroic efforts were made to save the residence of Mrs. C. D. Hostler, which in the meantime had become ignited, but in vain; this building also had to be given over to the devouring element.
It then became apparent that in order to prevent the further spread of the fire it would be necessary to remove a frame building which stood next in the direction that the fire was moving. This was accomplished with much difficulty and by that means further spread of the fire was luckily prevented.
The loss on the two buildings burned amounted to six thousand dollars upon which there was no insurance. The origin of the fire was a mystery and as usual was attributed to an incendiary. The identity of the incendi- ary and the motives which impelled him to the deed were not ascer- tained.
FATAL RAILROAD ACCIDENT.
An accident occurred on the Chicago, Rock Island and Pacific Railroad between Homestead and Marengo, July 1st, 1870, whereby William Til- ford, a citizen of Marengo was killed.
The train was behind time and was running somewhat faster than usual. When about two miles west of Homestead the tender was thrown from the track, resulting from the breaking of an axle; two passenger cars were also thrown from the track. Mr. Tilford was at the time standing on the plat- form of one of the coaches and either jumped or fell off and was caught un- der the overturning coach and was dragged some distance. Both of his legs were torn off above the knees and his head was badly injured; he lived but a short time after the accident.
The unfortunate man had served through the war in an Indiana regi- ment and upon being discharged came to Marengo which was his home till the time of his death. At the time of the accident Mr. Tilford was acting as brakesman on the train.
451
HISTORY OF IOWA COUNTY.
A FATAL SPREE.
Mr. P. M. Merrill was at one time a lawyer of considerable reputation but owing to his ungovernable appetite for strong drink his clients left him and his professional career virtually ended. He became in course of time an object of charity as well as of pity and at length realizing his condition resolved to free himself from the grasp which alcohol had fastened on him. To be the better able to carry out his good resolution he removed away from his old associations and settled in Greene township this county.
On the 29th of October, 1870, he went with a team to Lytle City and while there was led into temptation which he was unable to resist, and be- came grossly intoxicated. Leaving his team and procuring a jug of whisky he started home on foot. The night was very dark and stormy, so much so in fact that it was barely possible for a sober man to find the road. When he arrived within the vicinity of the Catholic church he fell into a ditch from which he was unable to rise. The following day the jug of whisky and the unfortunate inebriate were found lying in the ditch. Help was summoned and upon taking the body from the gutter it was found that life had long since departed.
Mr. Merrill was a talented man, well educated, and when sober was highly respected.
OFFICIAL CROOKEDNESS. ..
In October, 1875, William B. Taylor was elected to the office of county auditor. He entered upon the duties of the office on the first of January, 1876. For a year and more the business of the auditor's office was man- aged by Mr. Taylor apparently in a satisfactory manner.
Early in May, 1877, Deputy Treasurer Baird began to suspect that all was not right in the auditor's office and he called the attention of Treas- urer Baumer to certain suspicious transactions. Mr. Baumer was free to admit that certain bills were rather large but, being himself of unim- peachable honesty he was slow to accuse another of deeds which were ab- horrent to his instincts.
On Tuesday evening, May 22d, the deputy treasurer and Mr. E. E. Al- verson made an examination of the books. It was found that changes had been made in the registration of warrants aggregating the sum of four hundred dollars. A called session of the board of supervisors was imme- diately held and upon being charged with dishonesty Mr. Taylor confessed his guilt.
The series of forgeries did not date back more than a month or two but during that time Mr. Taylor had accumulated property very rapidly, buy- ing a large amount of things, both useful and ornamental, such as fast horses, sewing machines, organs, etc.
Mr. E. E. Alverson was appointed by the supervisors to examine fully into the matter and the following orders were found to have been raised:
No. 89, raised from
$ 1.00 to $51.00
No. 129, raised from
1.00 to
54.00
No. 148, raised from
.90 to
39.00
No. 294, raised from
2.60 to 32.00
No. 668, raised from
.60
to 51.60
No. 1055, raised from
2.25
to 32.25
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HISTORY OF IOWA COUNTY.
No. 1582, raised from.
$ 1.00 to $21.00
No. 169, raised from.
.60 to
27.60
No. 373, raised from.
5.00 to 75.00
No. 478, raised from
1.50 to 14.50
No. 482, raised from
11.00 to
11.80
No. 762, raised from .
6.80 to
36.80
No.
769, raised from
8.70 to
28.70
No.
781, raised from
1.40 to
11.40
No.
893, raised from
1.60 to
21.60
No. 912, raised from
2.20 to
22.60
No. 918, raised from
1.80 to
4.20
No. 1013, raised from
2.60 to
32.80
No. 1545, raised from
1.00 to
11.00
No. 1717, raised from.
3.60 to
23.60
No. 1777, raised from
1.00 to
21.00
No. 1781, raised from
1.60 to
31.60
-
Two informations were immediately filed against Mr. Taylor; one charged him with cheating and fraudulently obtaining money under false pretenses, and the other charging him with fraudulently making false entries as au- ditor of Iowa county. He was arraigned for preliminary examination and placed under bonds amounting to fifteen hundred dollars. After remain- ing in custody for a short time Taylor was released on bail, his father finally agreeing to go on his bond. The amount of the defalcation at this time was supposed to be about twelve hundred dollars.
After having made a full examination of the books and papers, Mr. Al- verson made his final report on the fifth day of June, when it was made to appear that the defalcation, instead of amounting to twelve hundred dollars, aggregated the sum of $2,677.80.
The following is a synopsis of Mr. Alverson's report:
To the Honorable Board of Supervisors of Iowa County:
Having at your request made an investigation of the condition of affairs of the auditor of said county, and the business and transactions done by W. B. Taylor, late auditor, from January 4, 1876, to May 25, 1877, the said Taylor having been charged with malfeasance in office; to-wit., drawing county warrants for larger amounts and for other purposes than authorized by law, or the action of your honorable body, I herewith submit the follow- ing report as the result of my investigation :
The investigation has been made with difficulty, owing to the absence of several of the lists which accompanied a return of the warrants, and quite a number of the warrants themselves. Another difficulty has been in the arrangement of the papers and the records of business which are in many instances in a condition which can be only the result of inexcusable careless- ness or gross incompetency. The late auditor is guilty of many criminal acts, hereinafter specifically set forth, some of which he has attempted to conceal, but in no case has the attempt been successful. The criminal acts have been so bunglingly done that their traces can be readily discovered by any one familiar with the books and the method of doing business in this office. The examination has been careful and critical as the time and circumstances have permitted, and I would have been glad had I further time to investigate, but I am confident that this report will be found cor-
:
453
HISTORY OF IOWA COUNTY.
rect and reliable. Every item, except some comparing, having passed un- der my own observation. The examination includes the following:
1. Redemption of lands sold for taxes.
2. Fees in road matters.
3. Warrants on county fund.
4. Warrants on bridge fund.
5. Warrants on poor fund.
6. Sales of Codes of 1873.
7. Salary drawn by auditor.
On these several items the defalcations were as follows:
Due purchasers of lands sold for taxes
$ 80.86
Due Spering & Crenshaw 5.00
Warrants fraudulently drawn
1,890.99
Warrants fraudulently drawn on bridge fund 65.00
Codes of 1873 9.00
Salary overdrawn
662.00
Total
$2,713.63
Cash on hand
35.83
Total defalcation $2,677.80
In conclusion, it is with pleasure that I state that the investigation shows no other person to be connected with these unlawful transactions, and fully exonerates the deputy auditor from any complicity in the de- plorable affair. Mr. Taylor's own statement is to the same effect, and the truth of the statement is, in my opinion, plainly apparent. The first crim- inal act of the late auditor in this matter was done July 31, 1876; his last May 23, 1877.
It is not necessary to report the many changes and erasures in the regis- ter of warrants, as they are apparent upon an examination of the books.
I have not examined as to the fees received by the late auditor, as time has not been sufficient and they are a part of his salary, and the auditor is required by law to make a report of fees received to the board at each ses- sion.
Respectfully submitted,
Marengo, Iowa, June 5, 1877.
E. E. ALVERSON.
Taylor was arraigned for trial in 1878 at the February term, and in the following August was sentenced to a term of imprisonment in the State prison. Prior to his sentence, Taylor prepared a statement to make to the court, but from some cause it was not made to the court, but was afterward published in the Marengo Democrat. We herewith give a brief extract from the statement, but before doing so it will be necessary to give a few words of explanation. After the defalcation was made known and before Taylor was brought to trial, he turned over all his property to his bonds- men and removed to Oregon. Sheriff Bolton followed him thither and ar- rested him and brought him back. It seems that Taylor had received as- surance, or at least supposed he had, that if he would turn his property over to the bondsmen and leave the country, he would not be disturbed.
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