USA > Iowa > Jackson County > The history of Jackson County, Iowa, containing a history of the county, its cities, towns, &c., biographical sketches of citizens, war record of its volunteers in the late rebellion history of the Northwest, history of Iowa miscellaneous matters, &c > Part 41
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" Cox, however, became politically jealous of Brown, and raised a mob to drive him out of the county or kill him. To excite the mob, Cox told his friends that Brown got rich too fast tu get it honestly, and that he thought there was a gang of thieves and counterfeiters at Brown's, and he proposed driving them out of the country. So, with the aid of the Monongahela whisky, he got his friends together at Bellevue, and ordered Brown to surrender or leave the country. Brown told the committee that he would not surrender to the mob, but that he would meet them before any tribunal they might name, at any place or time, and abide the decision. The mob were very drunk, yet they passed the whisky around again, and then swore they would have blood. As every man in the crowd owed Browa more ur less for clothes and living, and being crazed with liquor, and pleased with the idea of getting rid of paying their debts, they proceeded at once to put into execution their murderous intent. I du not remember the number, but think that from seven to nine were killed, several more were wounded, five or six whipped, and ordered to leave the country. William Fox was one of the number whipped. Soon after I met Fox, and he swore that he would never do another day's work while he lived; he said he would rob, steel or murder for a living; they had ruined hie character, and th+ sooner he was dead the better it would be for him.
" Brown's friende in Bellevue and throughout the county were the industrious part of the community, while Cox's friends were those who minded everybody's business but their own. We thought, in those days, the Sheriff was not quite as strict in performing his duty as he should have been, but endeavored to please every man he met-women not excepted-although he was a pretty clever fellow.
" For the truth of the above statement, I refer to E. A. Wood, of Sabula; N. Butterworth, of Andrew ; Shade Burleson and Calvin Teeple, of Maquoketa."
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The Sheriff counseled him to wait until morning. After breakfast they went to Brown's, and Jenkins was introduced as the claimant of the horses, and the marks given. They repaired to the stable and found the horses as Jenkins had described them, and Brown declared that much as he had seen the animals he had not noticed either mark.
Jenkins drew his revolver, and said to the Sheriff in an excited manner :
" Show me the man who brought the horses and I will rid the country of him, and put him where he can steal no more."
The Sheriff hesitated, preferring that the law should take its course, but Brown offered to pilot him to Godfrey. Jenkins discharged and reloaded his pistol to make sure work. Godfrey was at the end of town piling wood for Brown, and as the party approached in search of him he eyed them with suspi- cion. He was pointed out by Brown, and when Jenkins had advanced within thirty paces, drew his revolver. Godfrey, noticing this movement, took to his heels, and Jenkins in hot pursuit. The river was frozen, and Godfrey started for the island, Jenkins firing at him as fast as he could. At the third shot God- frey screamed and fell, but almost instantly recovered his feet and ran on. When Jenkins had unloaded his pistol, Godfrey was gaining on him, and he returned to the Iowa shore, declaring that he was sure three shots had taken effect. The generally expressed opinion was that Godfrey could not survive.
Jenkins got his horses, and after paying Brown for keeping them, and thanking the citizens for their aid, told them that if they ever needed any assistance to send for him, and he would come with fifty men to help rid the town of such a den of thieves. He then departed for his home on Rock River, Illinois, while a number of Bellevne citizens crossed to the island in search of poor God- frey. He was nowhere to be found, and the presumption was that he had crawled away into the high grass somewhere and died. However, the citizens, including Brown, congratulated themselves on being rid of one outlaw.
Brown's actions in this case won for him many friends, and quite a number of the citizens were convinced that Brown had been persecuted, and was not the villain he had been represented. About ten days after the departure of Jenkins a caucus was held for the nomination of a Democratic candidate for the Legis- lature, and Col. Thomas Cox, who was the war-horse of the Democratic party in Jackson County, was apparently the only man talked of. The balloting was regarded as a mere formality, when, to the amazement of Cox and his sup- porters, Brown was declared nominated by a vote of two to one. Cox was a very high-tempered man, and fond of whisky, which frequently had the better of him. He arose then to denounce Brown and his clan. Just after the meeting, two strangers appeared, inquiring for the Sheriff, the elder of whom was recognized as Hon. E. Brigham, of Wisconsin. He was in search of a span of horses stolen from him, which he believed to be the ones advertised from Belle- vue. He gave the same marks which Jenkins had given, besides others, and gradually the truth began to creep over the mind of the mystified Sheriff. Jenkins had been an accomplice, and the neat little game had been played to get possession of the horses again. The pretended shooting and flight of Godfrey was a part of the farce, to remove all doubt from the mind of the Sheriff and citizens as to Jenkins' ownership of the horses. Warren had been completely sold.
Cox and Brigham had served together in the Legislature, and when the former heard the truth in regard to the horses and of his friend's loss, he declared open war with Brown. Previous to this time, he had been one of his strongest allies and had looked upon him as a persecuted man, but he no longer
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hesitated openly to declare him a base villain, nor did he ever relent his enmity toward him, for we will find Cox one of the leaders at the time the thieves were exterminated.
A warrant was sworn out for Brown's arrest, but when it came to be served bad blood and bad whisky enabled Brown and his gang to bid open defiance to the officers. A decided majority of the town was on the side of Brown, who did not then attempt to conceal his true character, and the prospects were not pleasant for those who opposed him. Brigham and his friend left between sunset and sunrise, and Col. Cox was saved from injury by the persuasions of his friends, who induced him to go to his home, having announced himself as an independent candidate to the Legislature, to which he was subsequently elected.
A REAL ESTATE TRANSACTION.
Not long after this occurrence, a gentleman came to Bellevue from the East and purchased real estate of various citizens, mostly of those friendly to Brown but not in league with him. This gentleman gave his name as Pearce. He represented himself as possessed of considerable wealth and paid cash for his lots, mostly in bills on the Bank of Chautauqua, New York. He stayed around for a number of days and inquired as to the character of the citizens, etc., and learning of the ruffianism that was said to exist about Bellevue, declared he would not bring his family to such a place. He offered to sell out at a small sacrifice and in Brown found a ready purchaser. He immediately departed, as he said, for the East.
In Galena, he succeeded in passing some counterfeit money, but was detected, and Sheriff Hallock of that place was put upon his track. He traced him to Bellevue, but as he could learn nothing there of his whereabouts, he returned to Galena. Sheriff Warren, however, got upon his trail, and, leaving Bellevue at 9 o'clock P. M., on a bitter cold night, while the ground was covered with snow, he tracked his man to James D. McCabe's, where Pearce had taken din- ner and had given McCabe a ten-dollar bill, which subsequently proved coun- terfeit, and for which the unsuspecting farmer had given change. The Sheriff, taking McCabe's horse and buggy instead of his own, pressed on to Sabula, to find that his victim had left Sabula at sundown for Savanna. Warren, accon- panied by Mr. Steen, of Sabula, crossed the river and found Pearce at the hotel in Savanna at breakfast. . When he had finished his meal, the Sheriff put his hand on his shoulder and informed him he was his prisoner. The counter- feiter started back and inquired with some independence what authority an Iowa Sheriff had in Illinois. The officer, holding a revolver to his breast, told him that was an authority which any attempt to disobey would cost him his life. The prisoner, submitting to such a strong warrant, allowed himself to be searched. Nothing could be found except a counterfeit ten-dollar bill, about $25 in good money, a bowie-knife and revolver. His overcoat was secured and a search of that revealed in the collar some $8,000 in counterfeit money and about half that amount in good notes. This was sealed up in a package by the landlord and directed to Samuel Smoker, J. P., Galena, Ill., after reserving out enough to repay the loss occasioned by the passing of one or two bills in that vicinity. Pearce had with him a young man about twenty years of age apparently, of very fair complexion and slight build, who inquired whether or not Pearce could give bail there for his appearance at Galena. This was denied and the Sheriff started across the river with his prisoner, the young man hiring a buggy and following. At Sabula, this companion asked the Sheriff's permission to ride with him, which was granted.
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Pearce being disarmed and without money, the Sheriff knew there was no danger of his attempting an escape so long as the latter held the $4,000. The party plodded along slowly, and by nightfall reached the house of Anson New- berry, who was then keeping bachelor's hall, on the road between Sabula and Bellevue. After supper, the young man retired, at an early hour, in the only bed in the house. The others talked away until 10 o'clock, when Warren and Newberry, aside, arranged that Newberry should occupy a bunk on the floor with Pearce, while the Sheriff shared the bed with the young man. Pearce strongly objected to this, insisting on sleeping in the bed himself, but to no avail. The Sheriff's arrangements were perfected, and no attempt was made to escape. The next morning, as they approached Bellevue, the young man swore the Sheriff never to tell a secret he was about to confide, and revealed the fact that he (or she) was the wife of a prominent contractor then living in Bellevue, and besought the Sheriff not to make known her disguise, which he did not until she and her husband removed from Bellevue some years afterward. The latter have since kept a large hotel at Niagara Falls, and were well known through the Middle States. It is probable that this woman was sent down to Savanna in disguise for the purpose of securing a part of the booty which Pearce did not have an opportunity to turn over after his operations at Galena, and prospective ones elsewhere. When Pearce reached Bellevue, the parties from whom he had purchased lots and paid for them in counterfeit money were disposed to lynch him, but better counsels decided he should be taken to Galena on the charge of passing counterfeit money.
There he was arraigned before Samuel Smoker, Esq., and having plead not guilty asked for counsel. An attorney named Hodge appeared for him, who demanded the good money belonging to his client, which was handed over. He then waived examination and asked that the accused be released on bail. This was fixed at $1,000, and that amount of money being placed by Hodge in the hands of two responsible citizens of Galena, they became his security. Of course Pearce was never seen again in Galena ; and, owing to some informality in the bond, the security was never paid, the citizens who had accommodated the rascal pocketing the money.
This farcical ending to the matter left the victims of Pearce and Brown, in Bellevue, quite indignant. As has been said, these victims had been Brown's defenders ; they were now clamorous for his life. They finally threatened him with the courts, and Brown, thinking valor's best part was discretion, returned most of the money, and was allowed to remain unmolested.
A further attempt to bring him to justice was unsuccessful, and the process of law seemed entirely inadequate to remedy the grievance.
THE GROFF-DAVIS TRAGEDY.
Not long after Brown came to Bellevue, he opened a meat-market in part- nership with James L. Burtis, from which the citizens of Bellevue were sup- plied with fresh steaks, roasts, etc. Burtis attended the slaughter-house, which was located near where Kilborn & Co.'s upper mill now stands. Brown sold the meat, having in charge the market down town.
It was noticed that these men did not buy as many cattle as one would suppose necessary to supply the market which they had, and by a coincidence, somewhat remarkable, cattle were missed by the surrounding farmers both in Jackson County and on the Illinois side of the river. When the character of Brown and his crew was known, it was not difficult to draw inferences.
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During this time, a farmer, Thomas Davis, who lived in the forks of the Maquoketa, was fattening a fine yoke of oxen, which he valued at $125, and was about to take to Dubuque to sell. A short time before the time he expected to take them to market, they disappeared during the night. There had been a heavy rain, and a careful search for tracks revealed the trail of the cattle in the direction of Bellevue. There could be no mistake as to the identity, as one of the oxen had shoes on his front feet. These were followed to Baker's hill, when all trace was lost.
Mr. Davis proceeded to Bellevue, where he made known his loss, and no one was more eager to assist in the search for the cattle than the urbane and accommodating Brown. They repaired to the slaughter-house, where Burtis said he had killed four beeves the previous evening, but an examination of the carcasses and hides satisfied Davis they were not his cattle.
One of the "gang," who was a little "leaky," a sort of "go-between," informed the Sheriff, who was along with the searching party, upon his return to Bellevue, that the missing cattle might be found in the South Mill creek ravine. He also revealed the fact that one of Davis' neighbors, Samuel Groff, with Troft, one of the Bellevue gang, had stolen the cattle. The oxen were found at the place named, and, when driven into town, Brown and Burtis were apparently as rejoiced as the owner that the cattle had been found and offered him his price, $125, for them, which was accepted.
Groff was then a prominent member of the Methodist Church, and Davis was slow to believe his neighbor guilty of the crime charged upon him, and was of the opinion that the man who had " squealed " was one of the guilty parties. However, the next morning, Davis called at Groff's house and told him of his trip to Bellevue and of the finding of the stolen property. Groff's counten- ance, not accustomed to the ways of sin, betrayed him, and his agitation removed all doubt of his guilt from Davis' mind, who immediately charged him with the theft. Groff indignantly denied any knowledge of it. and the neigli- bors, after some pretty strong language, separated in the worst of humor.
Davis was about to commence prosecution, but, finding he had no witnesses he could use, dropped the matter, but the bitter feeling between the neighbors remained unchanged.
Some three weeks after this, a gentleman from Illinois arrived in Bellevue in search of a horse, which, from its description, was very similar to one which Groff had had in his possession. The stranger was sent to Davis', who would, it was said, go with him to Groff's and see if the horse was the same. When the Illinoisan came to Davis', the latter was not at home, and he was accompanied to Groff's by Davis' son, a lad of perhaps seventeen years. No such horse was in Groff's stable, and he denied that the horse referred to, which he claimed to have bought of Brown, was of that color. He said that he had sold it to a traveler, and that it was no longer in that section of the country.
During the evening, which the stranger spent at Davis', Mr. Richard Guard, a neighbor, called at the house and left the information that a man living west of Mr. Esgate's had a beast very like the one in question, and, as the owner was not a responsible party, he might not have come by it honestly.
The following morning, the gentleman from Illinois found his horse at the place designated, the keeper not claiming the animal. He stated it had been left there by a stranger, and that he was to receive pay for its keeping. Upon the payment of charges, the horse was surrendered to its owner. As there was no certainty that this was the horse brought into the neighborhood by Groff, no further action was taken in the matter.
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In the mean time, Davis, when opportunity offered, publicly charged Groff with stealing his cattle, and also of having a stolen horse, all of which increased the ill-feeling between the neighbors. A dispute also arose in regard to a piece of land in Davis' possession, which Groff claimed. A lawsuit resulted, which was set for the April term of court, 1839.
W. W. Brown, who was Groff's attorney, told him there was not much show for his winning the case, and it was given as testimony, on Groff's trial, that Brown told his client that the best thing he could do would be to kill his opponent.
On Monday morning, the first day of court, Groff was seen in a saloon, loading a rifle loaned him by W. W. Brown, and, while putting in the ball, was heard to say it would be the death of Davis.
Davis was informed of these threats and warned to keep out of the way, but replied that Groff was a coward and would never dare to shoot him, unless in the back. Not long after, in passing down Front street, Davis was shot, the ball striking him in the back and passing out through the breast, a little to the left of the heart. He died in about thirty minutes, and never spoke after he had fallen.
Groff had rested his gun on a picket fence and taken aim at Davis. Shad- rach Burleson was standing near. but supposed Groff was shooting at some niark. As soon as he saw Davis fall, he stepped close behind him, with the purpose of knocking him down should he attempt to shoot any one else or do further injury. Groff walked down deliberately past the dying man, and, as he turned the corner, Burleson, who had kept within easy reach of him during the whole distance, said, " Groff, give me that pistol" (he holding his gun in one hand and pistol in the other). He turned, and immediately handed over the arms. Sheriff Warren appeared, and asked Burleson to take the prisoner down to Hankins' blacksmith-shop and have him heavily ironed. Groff went along peaceably, begging his captors to save him from the mob, and declaring he had to kill Davis; that the latter had tormented and abused him so he could not stand it.
There was then no jail in the county, and shackles, connected by a chain, were placed about his ankles, the shackles weighing at least ten pounds, and made of wagon-tire iron. He was taken to a room and strongly guarded. At the Coroner's inquest held over the body, the verdict of the jury was that Mr. Davis came to his death by a rifle-ball fired by Samuel Groff.
During the term of court, which was to begin on the day of the murder, Groff was brought before the grand jury. About Bellevue, Groff's friends were in the majority, and the Judge, in his charge to the grand jury, urged them to perform their duty fearlessly. They indicted the prisoner for murder, and he was brought into court, where he pleaded "Not guilty," Mr. Reeves, of Dubuque, appearing as his counsel, and J. V. Berry conducting the prosecu- tion as United States Attorney.
As the law then was, a prisoner could not be brought to trial at the same term of court at which he was indicted. Jackson County being without a jail, and there being no term of court for six months, it was agreed between the Judge and counsel that a special term should be called for the trial of Groff, and he was remanded to his room under a heavy guard.
Great interest was manifested in the forthcoming trial. The County Com- missioners made but poor provision for the guarding of the prisoner, making a special appropriation of county orders worth about eighty cents per day for that purpose. A public meeting of the citizens was called, and it was resolved that
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Groff should be cared for by volunteer guards, which was done; and when the time came for trial, the prisoner was forthcoming. Considerable difficulty was experienced in impaneling a jury, as the murder had been very generally talked of, and most of the citizens had expressed an opinion. Finally, after considerable wrangling, a panel was completed, containing several men who were known to have expressed themselves in favor of the guilt of the prisoner, and the general belief was that Groff would be convicted. The jury was com- posed of Chauncey Ferguson, Riley McPherson, Walter W. Thomas, James Wood, Alexander Hays, Allen W. Pence, Charles H. Stowell, John Francis, Samuel Burtis, Sr., David Dyas, Thomas Marshall and Absalom Montgomery.
The testimony in favor of the prosecution is said to have been overwhelm- ing. The defense, as managed by Mr. Reeves, set up the plea of insanity, and testimony was brought to show the crazy acts of Groff previous to the murder. The counsel for the defense, in making his plea, claimed that the accusations of Davis, as made against a sensitive man, such as Groff, were enough to unbalance the strongest intellect, and claimed for his client full exemption from punish- ment.
The case was not tedious. It was given to the jury about supper time, May 9, 1839, and court adjourned. In the course of an hour or more, the court received word of a verdict, and re-assembled. The expectation was general that the prisoner was convicted, and when the Foreman, Thomas Marshall, arose and said, "We, the jury, find the defendant not guilty," the astonish- ment was universal. The State's Attorney demanded the poll of the jury, and every man re-affirmed his vote. The prosecutor arose and denounced the men in the jury-box as a perjured set, and moved the court to set aside the verdict, which motion was denied, and the prisoner was permitted to go free.
That night, the jury was hanged in effigy by indignant citizens, and the verdict declared an outrage.
Groff soon afterward removed to the Territory of Minnesota, where, it is said, he was killed by Indians.
A CHECKERED LIFE.
A man whose real name was Burton, but who usually was known as "One- 'Thumbed Thompson," made his arrival in Bellevue not long after Brown came there, accompanied by a woman whom he claimed as his wife. They stopped at the house of Mr. Wells, who was one of Brown's friends, but who, as we learn elsewhere, occasionally communicated valuable information to the citizens, and who, apparently, had a conscience which would not allow him to remain quiet when those who were worthy were about to be imposed upon by the gang. Mrs. Thompson was a woman of more than ordinary personal appearance, not handsome, indeed, but possessed of those graces of mind and person which spring from good breeding. Thompson seemed proud of her, and took care to introduce her to all his acquaintances. She, however, was retiring and modest- appearing, and very different from most of the other ladies of the village. Thompson remained for a time in Bellevue, and then started toward the west, as he said " on business."
He went to Linn County, and was there implicated, as was firmly believed among the settlers, in the murder of a peddler, who was selling pills and a book known as "Dr. Gunn's Medical Work." Thompson was seen in possession of the peddler's team after his mysterious disappearance, and evidence was sub- . sequently found which indicated that he had been murdered. There were no proofs, however, upon which any one could be convicted. Some months later,
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Thompson was found on the forks of the Wapsipinicon with some stolen horses in his possession, which he was compelled to deliver up into the hands of Sheriff Warren.
Thompson had now been absent for some months, and his wife had all this time been leading a quiet and retired life at Wells', seldom appearing on the streets or in company. In the mean time, it was disclosed to Wells that this woman was not Thompson's wife, but a girl of good family in Missouri, who, on account of the cruelty of a step-mother, had been induced by Thompson to leave a good home and elope with him, under promise of marriage. When she heard from Sheriff Warren and others of the sort of life Thompson was living, and of his real character, she was in great distress, and determined, if possible, to return to her home in Missouri, if she could effect a reconciliation with her parents. The unfortunate and deceived girl mailed a letter to her father, with an accompanying indorsement from several reputable citizens, testifying to her good conduct and respectable demeanor while in Bellevue, and asking his for- giveness and the privilege to return home. An answer from her step-mother brought the intelligence of her father's death, and gave her but little encourage- ment to come back to the mother whose unkindness had driven her out into the world. Through the kindness of J. K. Moss she was offered a comfortable home in the house of the latter, until she could secure a position somewhere as a teacher. Meantime, through the assistance of friends, arrangements were made to secure to her, if possible, the share due to her from her father's estate. This inheritance, which amounted to some $2,000, eventually came into her possession.
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