The history of Lee county, Iowa, containing a history of the county, its cities, towns, &c., Part 55

Author: Western historical co., Chicago. [from old catalog]
Publication date: 1879
Publisher: Chicago, Western historical company
Number of Pages: 898

USA > Iowa > Lee County > The history of Lee county, Iowa, containing a history of the county, its cities, towns, &c. > Part 55

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

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HISTORY OF LEE COUNTY.

names of Henry and Margaret, but no answer came to his eagerly listening ears. Himself an old and feeble man, he hastened away to Cameron's, the next nearest neighbor, and gave the alarm. John and Samuel Cameron went with him to the burning house, and for an hour or more they sought everywhere for the old people, but sought in vain. At last, from one particular place near the door of the house, a blue flame was scen coming from a pile of burning material, to which they directed their attention. Cutting forks from the nearest tree, they commenced exploring the burning heap, and finally drew out the half-consumed bodies of the murdered victims.

News of the horrible affair was carried to other neighbors, and the excite- ment became intense, and it was not long until every neighbor in the vicinity was at the scene of the tragedy. An examination of the debris was soon com- menced, when it was discovered that the furniture, bedding, etc., had been piled upon the bodies of the poor old couple, and then set on fire. Prodding around among the rubbish, a revolver was uncovered, one chamber of which had evidently been discharged by a human hand, and the pistol left at full-cock. This discovery, added to the fact that keys were found in trunks, chest and drawer-locks, with the bolts drawn back, left no doubt that the triple crime of murder, robbery and arson had been committed.

The tracks of two men were found approaching the house that seemed to have been made by cautious walkers. A further search showed tracks made by the same feet, leaving the house on a run, some of the tracks being as much as seven feet apart. Speculation was rife as to who the fiendish perpretators might be. Certain evidences and suspicious circumstances pointed to one Henry Weese and Fred. Knoch, two brothers-in-law, and toward evening, M. S. Chamberlin, a citizen of Fort Madison, filed an information before William Conlee, a Justice of the Peace of Jefferson Township, charging these two men with the murder. A warrant was issued and placed in the hands of Constable James Bullard, Jr., who summoned a posse comitatus, and started to take the suspected criminals into custody. Just before they reached Knoch's house, they heard the discharge of a pistol, which, as afterward proven, was fired by these as a signal to know if the coast was clear before Weese ventured to the house.

Constable Bullard and W. W. Vanattan went into the house and made the arrests. When Weese was told they had a warrant for him, he replied, " I was expecting it, but not so soon." Weese and Knoch were taken to the house of Justice of the Peace Conlee, and then to Union Schoolhouse for examination. By this time, the night was well advanced, and John Bullard and Alexander Bullard volunteered to go to Fort Madison for attorneys for the defendants, and also for the State. It was nearly daylight when they returned with W. C. Hobbs for the State, and J. M. Hamilton for the defendants.

After the arrests, a large amount of silver coin was found in the pockets of Weese's overcoat, but no further search was made until after the arrival of the attorneys, when Constable Bullard and Vanattan made a further search, which resulted in finding over $1,900 which Weese had hidden away in seven different pockets. He had on two pairs of pantaloons, the pockets of which were filled with carelessly rolled up bank bills. The money was musty, and gave indiea- tions of having been packed away among old clothing for a long time. At this discovery, Wecse waived an examination and was sent to jail. Knoch's exam- ination took place in the afternoon, and, while there were many strongly suspi- cious circumstances against him, the positive alibi proved by his wife and mother-in-law overcame them, and he was discharged from custody. Many of the spectators disbelieved the testimony of his wife and her mother, but in the

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absence of positive contradictory evidence or impeachment the magistrate could not do otherwise.

Some time afterward, Daniel Weese, a brother of Henry, was arrested and examined. The main circumstance that led to his arrest was the fact of his paying out a $50 bill-more money than he was ever known to handle before. On his examination, however, he brought two witnesses from Clark County, Mo., who testified that he received a bill of that denomination for cattle during the preceding fall. It was contended by the State that it was unreasonable to suppose that the defendant, whose house and everything in it had been destroyed by fire some time before, and whose family had been quartered upon the charity of neighbors, would keep a $50 bill through all those days of misfortune, even if it were true that he had received one in Missouri the preceding fall. The Justice before whom he was examined decided, however, that the evidence was not sufficient to hold him, and he was discharged.

A few nights after Henry Weese was sent to jail, a demand was made upon Deputy Sheriff Joseph A. Nunn by a band of about one hundred armed and masked men for the person of the prisoner, or the keys of the Jail, both of which were firmly refused. Fortunately, Dr. A. C. Roberts, editor of the Fort Madi- son Democrat, and formerly Mayor of the city, resided near the Jail, and being made aware of the attempt, went and addressed the mob. The Doctor's great popularity with the people, his determined stand and strong arguments in favor of law and order, prevailed, and the crowd thought better of it and dispersed, leaving the law to take its course. On account of this attempt to take Weese out of the custody of the officers charged with his safe-keeping, Weese was sent to the Penitentiary to await the action of the grand jury and the sitting of the District Court.

At the April term, 1878, of the District Court at Fort Madison, two indictments for murder in the first degree were found against Henry Weese, one for the murder of Margaret Graeser and one for the murder of Henry Graeser. Weese was arraigned and pleaded " not guilty." He was represented by J. M. and J. D. M. Hamilton, and the State by the District Attorney, Hon. D. N. Sprague, assisted by Casey & Hobbs.

An application for a change of venue, on the grounds of excitement and prejudice against the prisoner, was made, and the case and motion were con- tinued to the December term. At the December term, the motion for change of venue was pressed, the law firm of J. & S. K. Tracy then appearing for the defendant in addition to the counsel already named. The change was granted, and the case was sent to the District Court of Des Moines County, at Burling- ton.

THE TRIAL.

At the January term, 1879, of the District Court of Des Moines County, the cause of the State of Iowa vs. Henry Weese, for the murder of Margaret Graeser was specially set for the second Monday of the term ; and, accordingly, on the 13th day of January, a jury was impaneled and the trial began.

The State was represented by the District Attorney, Hon. T. A. Bereman, ex-District Attorney, Hon. D. N. Sprague, Casey & Hobbs and Miller & Sons ; the defendant, by J. M. Hamilton, J. D. M. Hamilton, of Fort Madison, J. & S. K. Tracy and J. W. C. Jones. of Burlington.

The trial was one of thrilling interest, lasting from Monday morning at 9 o'clock till Saturday evening at 5 o'clock. During the entire trial, the court- room was densely packed with spectators, all anxious to get sight of the prisoner and to hear the testimony. The appearance of Weese produced a decidedly

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unfavorable impression. He was a large, muscular man, with dark complexion, retreating forehead, and a low and brutal expression. and evidently of a low order of intellect. The evidence against him, with the exception of a confession made to a convict in the Penitentiary, was entirely circumstantial, but the links were all connected and pointed unerringly to his guilt. The most important circumstance was the positive identification of a silver quarter found in posses- sion of the defendant by Jacob Graeser. This was a Mexican coin, old and worn, and stamped with the name of " T. Smith." Jacob Graeser identified this coin as one shown to him some years before by Margaret Graeser as a keep- sake she had received a long time before, from a gentleman in Baltimore, whose name it bore.

The examination of witnesses on the part of the State was conducted by Hon. D. N. Sprague, and the examination was masterly. Nothing escaped him, and nothing that any of the witnesses knew material to the case was left undeveloped.

The evidence was all in at 11:30 o'clock on Friday, and Hon. T. A. Bereman opened the case for the State, speaking till the adjournment of Court at 12:30. At 1:30 Court re-opened, and Mr. Bereman continued speaking for an hour longer. His argument is said to have been able, logical and convincing, and, although on account of a sore throat. he was not able to speak loud enough for all the audience to hear, yet from the attention given by the jury, all could see that he was making his points tell.

The defense throughout the entire trial was conducted with great skill and ability. and nothing that could be done for the defendant was left undone.

At the close of Mr. Bereman's argument, the jury was addressed by J. M. Hamilton on the part of the defense. Mr. Hamilton spoke an hour and a quarter, and his effort was highly complimented by those who heard it. Hon. J. Tracy then commenced his argument for the defense, and spoke until the hour of adjournment. At 9 o'clock Saturday morning. Mr. Traey resumed and did not conclude until half-past 12, making altogether a speech of nearly five hours. This argument was a masterly effort. The acquired experi- ence and accumulated power of many years at the bar were brought to bear in that argument, and at its close the prisoner's chances for acquittal seemed better than at any time during the trial, and even his indifferent expression and stolid look seemed changed to one of positive cheerfulness.

At 1:30 o'clock P. M., W. C. Hobbs commenced the closing argument for the State, and closed at 4:40. During the delivery of Mr. Hobbs' speech, the court-room was more densely packed with people than it had been at any other time during the exciting trial. Many were attracted to the court-room on account of the wide-spread reputation of the speaker. All expected to hear a great effort, and none were disappointed.

A gentleman of judgment, and one who has attended many criminal trials in the State of Iowa, and who was present while Mr. Hobbs was speaking, says : " Mr. Hobbs met the position taken and theories advanced by defendant's coun- sel with the most logical arguments and irrefutable reasoning ever presented to a court and jury in the State. From first to last, his speech embodied an array of facts and logical conclusions that no sophistry could oppose, and con- vinced all of his hearers that Weese was guilty. The closing portion of his speech abounded in the most pathetie and thrilling eloquence, coupled with facts and blended with arguments that fully established his reputation as a profound reasoner, as well as a polished orator.'

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The Court's charge occupied some twenty minutes in the reading, and at 5 o'clock the jury retired. At 8 o'clock the following morning (Sunday), the jury returned a verdict of guilty. A motion for a new trial followed shortly afterward, which the Court overruled, defendant excepting, and Henry Weese was sentenced to the Penitentiary of the State at Fort Madison for the term of his natural life. He was taken to the Penitentiary, and, as he put on the con- vict's uniform, he remarked, " It is no fault of mine that the Court didn't sen- tence me for twenty-five years longer."

Henry Weese barely escaped death from the scaffold, as the crime for which he was convicted was committed before the law restoring the death-penalty went into effect.

MORMONISM AND MORMON OUTRAGES.

JO SMITH, THE PROPHET AND RELIGIOUS IMPOSTOR.

The greatest mountebank and impostor that ever disgraced the cause of Christian religion, by professing acknowledgment of its sublime truths, in any day or age of its existence, from the birth of Christ to the present, was Jo Smith, the Mormon Prophet, whose near presence and devilish teachings caused a reign of terror to exist for several years in Lee County. His power and influence for evil to the honest settlers was all the greater, because of the fact that a number of his disciples were located in different parts of the county, and, under the garb of honesty, seemed intent upon making farms, or pursuing other callings of peaceful industry, when, in fact, they were only wolves in sheep's clothing, watching and seeking whom they might devour.

Jo Smith, the Prophet and founder of the Mormon Church of Latter-Day Saints, was born at Windsor, Vt., on the 23d day of December, 1805. In April, 1815, when he was not quite ten years of age, his parents removed from Vermont to Wayne County, N. Y., and settled at Palmyra. In March, 1820, a Rev. Mr. Lane, of the Methodist Episcopal Church, was conducting a revival meeting at Palmyra, and the embryo prophet professed a change of heart. Although he was only about fifteen years of age at that time, the traits of char- acter that made him so notorious in after-life began to be wonderfully devel- oped. Soon after his conversion, he claimed to have received a revelation from on high, and stated that, while engaged in prayer in the woods, the power of the Holy Ghost fell upon him, and that God, the Father, and Jesus Christ, the Son, appeared unto him, saying that his sins were forgiven him ; that all the old Christian organizations and denominations were wrong, and that he was chosen of the Lord to re-instate His Kingdom and re-establish His Gospel on earth. When Smith communicated these revelations to his associates and neighbors, there were those who believed him, and straightway he became a kind of prophet in their midst. Even then, he understood the weaknesses and religious superstitions of mankind, and he determined to make these weaknesses profitable unto himself.

Smith kept up his faith until September, 1823, when he fell from grace, and, for a season, he indulged in drunkenness, lying, swindling and cheating. Then, while he slept, messengers of the Lord again appeared, and a second revelation was made unto him. This time he was given to see the hiding-place of a history of the ancient people of America, which was engraved on plates of gold. The angel directed him where to find this hidden treasure, the embryo prophet again reformed, and, on the 22d of September, he went and digged at

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the place indicated by the angels, and lo! he found the plates. The place has been described as on a hillside, between Manchester and Palmyra. When the earth was removed, a stone box first appeared. When he attempted to take the box from its secret place, a great conflict arose between the devil and the angels that surrounded Smith. The angels conquered, and the box was given into Smith's keeping. When the box was opened, the plates were revealed to his sight, and his fame and power increased.

About 1828 or 1829, the plates were translated by Oliver Cowdry, acting as clerk, who, with himself, Smith declared to have been baptized by John the Baptist, who also appeared unto them and ordained them as priests, and com- manded them to baptize and ordain each other.

In 1830, the Mormon Church was founded, and in June, of that year, held its first Conference at Fayette, N. Y., Joseph Smith, the Prophet, presid- ing. In August, Parley P. Pratt and Sidney Rigdon were converted to Mormonism. Pratt and Rigdon were sent out to spread the doctrines of the new church. Rigdon, in his perambulations, came to Kirtland, Ohio, where he succeeded in awakening a great revival interest. Many people were con- verted and gave their adhesion to the doctrines first proclaimed by Jo Smith. In January, 1831, the Church, through Smith, its prophet, was commanded to establish itself at Kirtland, and there gather all the saints and found and build a temple. In May of the same year, the Elders of the Church were sent out by twos to preach the Gospel according to Smith, while Smith started a bank called "The Kirtland Safety Society Bank." He also started a store, and Bishop Whitney built a mill. In March, 1832, the bank failed, and on the 22d of that month Smith was tarred and feathered by the people upon whom he had imposed and whom he defrauded. It is impossible to follow the arrant impostor in all his transactions, and only a few of his most prominent acts are here quoted as a preface to his appearance at Nauvoo, and the outrages that were perpetrated on the people of Lee County through his devilish teach- ings and influence.

The temple commenced at Kirtland, in 1831, went on to completion in 1836. About the time the bank failed and Smith received his coat of tar and feathers, Rigdon and a number of the other high Church officials fled from Kirtland. and it was not long until Smith received another revelation, in which he was shown that the "promised land" was in Western Missouri. He was com- manded to remove to Independence, in Jackson County (a few miles below Kansas City ), and there establish a new Zion. In 1834, nearly all the Kirt- land band had followed him there, and the erection of a second temple was commenced on what is now known as "Temple Hill," the name coming from the commencement of the temple at that place. A few years ago, the founda- tions of the temple, which were laid early in 1839, were still traceable. The site was a very beautiful one, and, in 1871, had not been occupied with build- ings. The space was open and used for show purposes. But trouble came upon Smith and his people there, as it did at Kirtland. They incurred the enmity of the Missourians, and were finally forced to abandon their promised Zion and seek refuge from "persecution " elsewhere.

On the 9th of May, 1839, Dr. Isaac Galland presented Smith with a large tract of land at Commerce, Ill. Then Smith had another revelation. The angels of the Lord again appeared unto him and told him that there he should found another Zion and build a new temple. He caused a town to be laid out, which he called Nauvoo. He called the saints from the ends of the earth, and sold them town lots at fabulously-high prices. In 1841, Nauvoo was incorpo-

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rated, the Nauvoo Legion was organized, Jo Smith was made Lieutenant Gen- eral, and the corner-stone of the new temple was laid with great military pomp and display. At one time during his reign, he mustered 6,000 men in line, all well armed and equipped, which were passed in review by Gen. Singleton.

Lieut. Gen. Smith had a numerous staff of high rank, and "it was amus- ing," says an eye-witness of the times and events, "to see the gaudy uniforms, gilt buttons, gold lace and shoulder-straps they wore. They represented every rank from Major General down to Lieutenant Colonel. He had an army of staff officers, and his parades were never surpassed. On grand review occasions, Lieut. Gen. Joseph Smith was invariably accompanied by a large number of ladies-the pick and choice of Nauvoo-on horse-back."

Smith's Nauvoo charter was a strong one, carefully worded and conferring extravagant and dangerous powers upon the Mayor and other city officers. As an instance, it gave the Mayor power to try writs of habeas corpus, 'so that when a Mormon was arrested for any crime, no matter how infamous, he was always sure of acquittal and discharge. The Mormons were a political power in Illinois, and neither the Whig nor the Democratic parties dare array them in- hostility. Their hostility was to be avoided; their friendship to be courted. Both parties were friendly to the Mormons. The members and adherents of the Church were recruited from all parts of the world, and included all grades and characters of men and women. Jo Smith was the power behind the char- ter that guided and directed the choice of not only the city officers, but of county officers, members of the Legislature and Congressmen. What Jo Smith decreed, the Church and the politicians carried out. Under such circumstances, Nauvoo became a breeding-place and a hotbed for outlaws of every character. Fugitives from justice from other places, to secure protection not only for past offenses but for offenses to be committed in time to come, needed only to iden- tify themselves with the Church of Mormon to be assured of protection. For such characters, there was always a hiding-place in Nauvoo. If detected for unlawful depredations upon honest people who lived abroad, perjurers were always in readiness, as witnesses, to prove an alibi. As the Church increased in membership, criminals increased in numbers, and their crimes extended to all parts of the country-to the west side of the Mississippi River as well as upon the east side.

From the time Jo Smith secured the incorporation of the city of Nauvoo until his tragic death, on the 27th of June, 1844, and until his followers were driven from the country by an indignant and outraged people, crime held high carnival in all the country roundabout. The lives and property of no anti- Mormons were safe. Nauvoo and the Church of Mormon were the great center of debauch. Smith planned and directed ; his " saints " executed. But there came for him a day of reckoning. On the 6th day of May, 1844, he caused the office of the Expositor newspaper, which had arrayed itself in hostility to his measures, plans, purposes and impostures, to be destroyed. The press, type and fixtures were hurled into the street or thrown into the river. The excitement and indignation of the honest people, which had been gathering force under oft-repeated outrages, culminated in a grand uprising at this act. The aspect of affairs was threatening in the extreme. The Governor ordered out the State militia, of which he took command in person. Smith had been arrested on a charge of treason and destroying the liberty of the press. Pend- ing a trial of the case, he was taken to Carthage and lodged in jail-more, perhaps as a precautionary measure against mob violence than because he could

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not give sufficient bail. While he was in jail and under guard, the excitement was gaining force and strength, and Ford, in his ". History of Illinois," says that on the 27th of June, 1844, believing that he was about to be attacked and murdered, Smith made an attempt to escape through a window of the building used as a jail, and was shot to death. Another authority says he was killed by a party of disguised men, upon whom he had first fired with his revolver. The last statement, however, does not hold good. in the fact that it is hardly probable he was committed to jail in possession of his revolver.

Only separated from the Mormon center of crime by the Mississippi River. and its soil equally as fertile as the soil of Hancock County, it is not strange that numbers of Smith's followers and adherents settled in Lee County. Such settlement was in the interest of the " Church of Jesus Christ of Latter-Day Saints."

To make his band of thieves and murderers as effective as possible, Smith spared no effort. He had an ingenions mind-in faet, it was a kind of devil's work-shop in which all kinds and grades of crime were matured. When the plans were matured, he had his sworn emissaries and determined assassins to carry them to successful execution.

During the time the Mormons remained at Independence, Mo., Smith organized a band which he called the " Daughters of Gideon ; " but the name was subsequently changed to that of

THE DANITE BAND.

This band was composed of the most desperate members of the Church- men whose very souls were steeped in blood, and who would scruple at nothing commanded by their more desperate leader, the prophet.

Dan W. Patton, whom Jo Smith styled " Capt. Fearnot," was first com- mander. In a fight with the citizens or militia, under Capt. Bogart, he was killed near Richmond, Ray Co., Mo. The Mormons indulged in many Bible quotations, and any ignorant, fanatical Mormon could quote Scripture by the chapter. Hence, it is not strange that the name of the Danite Band, at one time under the leadership of the Mormon Bill Hickman, the terror of Lee County, should derive its name from a scriptural quotation. Genesis xlix, 17 : " Dan shall be a serpent by the way, an adder in the path, that biteth the horses' heels so that his rider shall fall backward."

When the reign of Jo Smith at Nauvoo was in the zenith of its glory, and his power and influence in high feather with the politicians, the Church had no less than two thousand members. They held seeret meetings of their conelave and called themselves the Destroying Angels. They were bound together by oaths of the most solemn character, and the punishment of traitors to the order was death. John A. Murrell's band of pirates, who flourished at one time near Jackson, Tenn., and up and down the Mississippi River, above New Orleans, was never so terrible as the Danite Band, for the latter was a powerful organization, and was above the law. It was ordained of God, who, in a reve- lation to Jo Smith, commanded its organization. The band made threats of death, and they were not idle threats. The threats were made in terrible earnest and carried into terrible execution. They went about on horse-back, under cover of darkness, disguised in long white robes, with red girdles. Their faces were covered with masks to conceal their identity. Bill Hickman, who became Captain of the band, once lived near Nashville. He owned a fast and blooded stallion, and was frequently absent from home. He was taciturn and uncommunicative among his anti-Mormon neighbors, and, decided andsilent, he

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The history of Lee county, Iowa, containing a history of the county, its cities, towns, &c., Part 55

Author: Western historical co., Chicago. [from old catalog] Publication date: 1879 Publisher: Chicago, Western historical company Number of Pages: 898

Author: Western historical co., Chicago. [from old catalog]
Publication date: 1879
Publisher: Chicago, Western historical company
Number of Pages: 898