USA > Iowa > Warren County > The history of Warren County, Iowa, containing a history of the county, its cities, towns, &c., a biographical directory of its citizens, war record of its volunteers in the late rebellion, general and local statistics &c > Part 56
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Cassidy was a promising young man, and, like Neeley, well respected in the neighborhood in which he lived. The affair was not generally consid- ered a premeditated one, and many people were never able to believe that Neeley's punishment was just, but he expiated his crime, and may now doubtless become again a respected citizen of the State which punished him.
THE TAYLOR-SLACK CASE.
Another case, similar to the last, though not so serions, occurred in Rich- land township on the 9th of September, 1873. It was thus described in the Warren County Leader, of September 18th:
"The citizens of the quiet little hamlet of Hartford were startled on the evening of the 9th inst., by the intelligence that an affray had taken place between two highly repectable citizens, which would probably result in the death of both the parties. The facts, as we have them, are about these: The parties are brothers-in-law, and their names are Slack and Taylor. The difficulty arose in regard to the division of some property. On the evening of the altercation Taylor was sitting upon the steps, when Slack approached him and broached the subject of the difficulty between them. Taylor had a large pocket-knife in his hand with which he was whittling. After some words had passed between them, Slack threatened to thrash Taylor. Tay- lor replied that he would not fight, and started off, the knife in one hand and an oil-can in the other. Slack followed, and after knocking him down commenced kicking him in the stomach. Taylor then struck backward with the knife, hitting Slack in the abdomen and producing a fearful wound. Slack then caught Taylor and struck him several times, at the same time receiving several severe wounds from the knife of Taylor. Slack then picked up a stone, and would probably have killed Taylor had not the by-standers interfered. Taylor has been in poor health for some years, having been severely injured by falling from a haystack. Slack died on Friday morning. Taylor is in a very critical condition, and his recovery is considered doubtful."
Taylor was arrested, and upon a preliminary examination in the justice's court, was acquitted on the ground of self-defense. It, too, was one of those unexpected sad affairs which grow up out of family or other insig- nificant causes. Taylor was not held in blame for his course, and not only was acquitted of offense in the eye of the law, but in the estimation of his fellow citizens as well.
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HISTORY OF WARREN COUNTY.
THE MALONE-HOPPER SHOOTING AFFRAY.
This event occurred in Greenfield township on the 13th of November, 1871, and is best described in the following account from the Indianola Journal at the time:
"Last Monday morning, Mr. Malone, who lives near North river, on the Indianola and Des Moines road, shot Alex. Hopper, a young man living in the same neighborhood. One shot took effect in the breast, the ball entering near the middle of the breast, glanced along a rib some inches before it came out. Another shot passed through the right thigh. The wounds are quite serions, but not fatal. Hopper fled, Malone followed him some distance, trying to shoot him again, but failed. Sheriff Kuhn has gone in search of Malone, and has probably arrested him. There has long existed a fend between these parties. Malone was prosecuting witness in a criminal suit against Alex. Hopper and his brother in the last term of our district court. This affray has caused intense excitement in the neigh- borhood, and there are grave apprehensions that Malone will be lynched. We trust better counsel will prevail. Leave personal violence to those bitter, fiendish spirits that are moved by ungovernable hate, in defiance of law. Law is our only guarantee of protection of our persons and our lib- erties, and although it sometimes seems to move slow, and fall short of justice, yet to put it aside is to invite anarchy, and put ourselves on a level with lawless characters, the curse of any community."
Hopper recovered, and Malone left the country for a time, but finally returned, and was never tried for the offense.
THE "TEAR-DOWN' MURDERS.
It is now become our duty to chronicle the bloodiest offense ever com- mitted on the soil of Warren county and one of the worst ever perpetrated in the West. We have read of the " vendetta" of Sicily, and other coun- tries, where law and order had long since ceased to be observed, but here we find it in practical operation in the State of Iowa, and even on the soil of Warren county. It was not only all this, not only the open murder of three human beings, but it was a profanation of the service of God to the malice of man.
It occurred on Saturday night, February 19, 1876, on the way home from a revival meeting, at the so-called " Tear-down " church, of the Chris- tian denomination, near the center of Greenfield township.
It was a neighborhood brawl, one which had existed for many years, and had become hot and intense, in which many citizens of the neighborhood had taken sides, while but few, as will be seen, had taken part in it. We have to do more with the canses which produced a state of affairs from which such a result could possibly grow than we have with the mere de- tails of the trial, because, in the latter, the public has lost sight of these facts, and have lastened to know merely, and only, the facts connected with the fatal night and what followed it, when these really have little to do with its history.
In order that the public may understand the causes of that dark ruin which has came over that neighborhood, it will be necessary to look back a few years to its beginning. A few years ago, and repeatedly, David Howry made the charge to his neighbors that Reuben Westfall had been found in
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his corn-crib, at night, in an attempt to raise corn in an easier way than in obeying the old commandment by tilling a field and producing it. Con- cerning the truth of the charge, nothing further is known than that Howry stontly affirmed its truth, and Westfall as stoutly denied. No legal pro- ceedings were taken by the one for theft or by the other for slander, and. Westfall had never resented the imputation, after the fisticuff manner of his class, but had borne it, and only increased his malice against his neigh- bor each day as he brooded over it, and thus the inatter was permitted to smoulder, in time to produce the destruction, not only of the peace of these, two families, but to a large extent, that of the neighborhood as well. As was perfectly natural, the breach was made wider and wider each year until the two families were thoroughly possessed of the idea that there was some- thing which made enemies of them. There were young lads in each, which, as usual, were ever ready to defend the injured name and honor of their families. The breach was made more apparent when, some years since, a difficulty grew out of that always present source of trouble, with men in- clined to be quarrelsome, viz: a partition fence. The results of these further differences produced quarrels and fights between the children at school, and fights also between the heads of the families. The trouble was further hastened two or three years before by a difficulty abont the estab- lishment of a new road, another potent influence for neighborhood quarrels and wranglings. Into this, as usual, the neighbors were drawn, and thus the family of George Dillard, one of the wealthiest men in the township, was allied with the quarrel on the side of the Westfall family. Fiercer quarrels and fights resulted by this accumulated fighting force, and the. families were involved in a common broil. However, nothing very serious had ever resulted from the troubles of the family except contused and in- jured bodies and increased uproar in the neighborhood.
Dillard was always considered one of the most reliable and prosperous men in the township, but, considering his wealth and position, he had per- mitted his family to grow up in a sort of moral darkness, and he himself had lent all his energies to the accumulation of money, meanwhile neglect- ing to give that training to his family which would have kept them from such broils, either on their own account or that of others. But his family. consisted largely of boys who sought for adventure and amusement, and with their training and development, nothing was inore natural than that, fights and quarrels should come to be in their line. And they did so be- come.
The Westfalls had little position in society, and little cared to have any .. The old man, Reuben Westfall, was of that character of men who gener- ally keep on the outskirts of civilization. He was not deemed a bad man, and left to himself was not, but he permitted his boys, of whom he had three almost grown, at the time of the vendetta, to enter into his quarrels and to make new ones of their own without discouragement from himself, and even with encouragement when he himself thought they might come out in good condition and defend what such men generally regard as the honor of themselves and their families. The old man was one of those very positive men who, without culture or training other than that of the rudest: order, was yet, always positive and assertive in his opinions, and shrunk from nothing which might draw him into a discussion, and if need be, a fight. It is little wonder, then, that his family grew up to take his quar- rels off his hands and to imitate him in all essential actions. He was gen-
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erally an industrious man although he was not a successful one, having ac- cumulated but little property aside from a homestead of forty acres with fairly comfortable accommodations upon it.
David Howry was a man of an entirely different character. He was not a man of great culture or many attainments, but he was an honest, indus- trious, hard-working, straightforward man, who, as a general thing, at- tended to his own business. He had been successful in accumulating a competence, having a fine farm of 240 acres in the heart of Green- field township, and had gathered around him such of those com- forts as generally go with such a farm. He was not a man to seek a quarrel, but being in, he was not a man to give it up from any sentimental considerations, or from fear, because he knew neither. His children were much more promising than either the Westfalls or the Dillards, attended school with greater regularity, advanced more rapidly in their studies, en- gaged less in quarrels and fisticuffs, and generally stood much better in the society of the community. They were industrious, and like the Dil- lard boys, expended their energies on their father's farm, while the West- falls were compelled to go out for service because of the lack of work at home. But they, like their father, never failed to take up the glove when it was thrown down to them, and had been impelled, in company with other boys in the neighborhood, whom they enlisted on their side, to take up their quarrel with the Westfalls and Dillards, and the usual school-boy taunts and jibes, were passed with the usual backwoods result, that some- body got licked, but nobody hurt, other than in his feelings. The neigh- borhood had been a bad one for many years, indeed, ever since its settle- ment, and, as a consequence, has always been known as "Arab." This church, as county churches sometimes will be, had been the rendezvous for many a pitched battle, and more broils, and much mischief of a mis- cellaneous character, and was generally regarded, because of these sur- roundings, as more of a reproach than an honor to the cause to which it had been dedicated.
This, then, was the character of the various actors in the tragedy, and also the condition of the neighborhood, and it will be seen that it was a ground well watered for a most bloody harvest.
Two ministers of the Christian church, the Rev. Mr. Lamb and the Rev. Mr. Gardner, seeing such a condition of affairs, sought to sow in its midst the good seed of the Cross, and had been for some days holding a protracted meeting there. Service had been continned and ended on Satur- day evening, February 19th, 1876, without any more than usually overt acts on the part of the contestants in this neighborhood quarrel. The ser- vice of God closed about nine o'clock, and they started on their way home- ward, all compelled to pass along the same road. When they had pro- ceeded about forty rods north from the church, David Howry, the father and leader of the Howry faction, became involved in a quarrel with one of the boys of the opposite party. From this blows followed between those two until all the members of both parties were involved in a fierce hand to hand conflict, which had not proceeded far until fire arms began to come into use, making the air more than musical with these implements of war- fare. Very little execution or harm was done with these, however, as no one but David Howry was injured by a ball, and his injuries were only slight.
This party consisted of Benjamin Westfall, about twenty-two years old,
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Lewis Westfall, sixteen years old, and Levi Westfall, about twenty years old, sons of Reuben Westfall ; Thomas Dillard, abont twenty-three years old, Fremont Dillard, about twenty years old, and Jack Dillard, about twenty-one years old, sons of George Dillard; Frank Battles, a young man, the adopted son of B. Battles, one of the best men in the township ; and Thomas Flannagan, a hired man of Mr. Dillard's, eight persons in all.
The Howry party consisted of David Howry, the father, his son George, about twenty-two years old, and his son John, abont nineteen years old ; and a young Irishman named James Grum, who took the Howry side in the quarrel and subsequent fight .. No others became mixed up in the mat- ter, although it was charged, but never proven to be a certainty, that Reu- ben Westfall was in a field near by waiting to take a hand in the conflict. But the persons mentioned were supposed to be in the thick of the fray.
The fight only lasted a few moments, but when the field was examined it was found that George Howry had fallen dead in his tracks, cansed by a wound under the shoulder blade, made with a knife, which had entered the left lung, and another knife wound below the shoulder joint. John Howry, stabbed in the left side of the spinal column and a second wound near the first, walked about forty feet when he fell against a tree and died in a few minutes. Neither of the boys were wounded by the shots from the revolvers, but the fatal work had been done all too well with knives with which the Westfall party was seemingly armed to the teeth. The father, David Howry, was shot in the upper lip, the ball passing through the upper jaw. Another flesh wound from a shot was his left ear, an ugly gash made by a knife, over his left eye, and a deep gash over his right eye, as if made by a boot-heel or some dull instrument. It seemed, for some time, that he could not possibly recover, but a strong and vigorous consti- tution, united with pluck, combined to bring him through. His strength, however, was much impaired, and he will probably never recover the health that was his before that fatal Saturday night. James Grum was found to be stabbed above, and to the right of the breast bone, the knife having en- tered. his right lung, and a stab in the back which had entered the left Inng, besides an ugly flesh wound. He lingered for a day or two when he, too; died, as the third and last victim to be offered up on that fatal altar of blood. In his declaration made just before his death, when he knew he must go into the beyond, he said that both his wounds were given him by Benjamin Westfall, who closed with him in combat, only to plunge the fatal knife into his vitals, and that after he fell to the ground a helpless victim to fiendishness he. stabbed him again.
The bodies of the two murdered boys were taken to the house of Mr. George Bishop, about twenty rods distant from the scene of conflict, there to await the verdict of the coroner's jury and to be prepared for Christian burial. It was an awful scene. There, in the clear sunlight of that Christian Sabbath, lay the bodies of two young men, cold and stark, in the embrace of the awful messenger-death, called into the presence of their Creator withont a moment's warning, having committed no crime and sent into that Awful Presence by their fellow-men. It seemed, then, scarcely right, in view of this fell calamity, to boast, as a people, of civilization and our Christianity, when the laws of both God and man were set at defiance. Such a scene would scein bad enongh when done with all the parapherna- lia and pomp of war, when horrors are expected, but when they occurred
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here in Christian Iowa, on the way home from the service of God, its hor- rors were thereby rendered more horrible.
It will be seen that the murdering was all done by one set of men, and that the other were the only victims of the prey. Such a result is stronger proof of the real situation of affairs than could be gathered from the pub- lication of pages of evidence. It shows that both sides were prepared for a fight, perhaps, of the old kind, which liad often happened between them before, but only one side was prepared for murder, and did murder. And no matter what the manipulations of the courts may have developed, no matter what time and an unfaltering determination from the first to wear ont the public in these cases, this one " damned spot," that three victims on one side met deatlı, and a third injuries which he will carry to his grave, while not a person on the other side had even the slightest injury; this will not " out" any more than that which haunted the soul of Mac- beth.
After the battle the victors returned to Mr. Dillard's house, where Sheriff Meek arrested them about noon the next day, Sunday. The arrests made were as follows: Benjamin and Levi Westfall, Thomas, Jack and Fre- mont Dillard, Frank Battles and Thomas Flanagan. They made no resist- ance, but went with the sheriff and liis depnties, accompanied by George Dillard and Renben Westfall, and were lodged in the lower part of the jail.
The preliminary examination was soon begun before Justice A. L. Kim- ball, and continued from day to day until closed.
The case selected for trial was for the murder of John Howry; and Lewis Westfall was discharged, as no sufficient evidence seemed to appear against him to warrant holding him, but Reuben Westfall was included with the others, and suffered the same fate of going to jail or giving bail. The prisoners then waived examination for the murder of George Howry and James Grnin, and the justice fixed the bonds of Ben Westfall and Levi Westfall at $25,000 each, and of Reuben Westfall at $15,000; of Fremont (Col.) Dillard, $25,000, of Jolin Thomas Dillard and S. Jackson Dillard at $15,000 each, and Thomas Flanagan, $5,000. All gave bonds with the ex- ception of Benjamin and Levi Westfall, who were taken to Ft. Madison for safe keeping until the Angust term of the District Court.
The counsel for the defendants were Williamson & Parrott, and H. McNeil for Battles; for the prosecution, Bryan & Seevers.
Pending the examination before the justice and its continuance, there were serions apprehensions that violence would be offered to the prisoners, and they were very much alarmned .. The feeling against them was strong, the sheriff was watchful, and the indignation began to cool and better coun- sels prevailed.
At this term they were all indicted, including Lewis Westfall also, first each one for the murder of George Howry; second, each one for the murder John Howry; third, each one for the murder of James Grum, and fourth, each one for an assault with intent to murder David Howry. They were again admitted to bail in about the same sumn as fixed by the justice on the preliminary examination.
As showing the feeling in the county at the time, and also as explaining the existence of an organization to which we have not yet referred, we ap- pend the following anonymous communication, published in the Indian- ola Herald, of March 9, following the tragedy. It was entitled, "The Vigilants Heard From," and was as follows:
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" Messrs. Editors: In these days, when the laws of the land, and also the laws of the great Creator, are openly violated, and when those whose duty it is to bring offenders to justice, display such sympathetic feelings toward those who barbarously infringe upon the lives and property of their fellow-men, when such unnecessary expenses are incurred in prolonged, needless litigation, to prove that which is too well known, is it to be won- dered at when law abiding citizens, feeling their insecurity of life and property, should form themselves into associations for self-protection? Neither is it to be wondered at that those associations thus formed should bring down upon themselves the abnse and slander of those who palliate with law and justice, and speak of them as the reckless vigilants. Among the different organizations for self-protection is the " North River Detective Association." The objects of which are to bring to justice those who are guilty of mis- demeanors against the members of the association. This is an incorporate body; their charter recorded in Polk and Warren counties. Its officers are, president, vice-president, secretary and treasurer, captain, first and second lieutenants, with every member a standing committee for the sup- pression of crime. Its members are scattered over a territory of about twelve miles square, extending from Middle river, in Warren county, to the precincts of Des Moines, in Polk county, north and south; from Car- lisle to Norwalk, east and west. Its members are not as professionals style them, the renegades of society, but law-abiding citizens, only thus organ- ized through force of circumstances, because the laws of our land are not enforced as they should be, because of this sickly sentimentalism that per- vades our courts of justice, and onr legislative halls toward offending criminals. The society has four regular meetings in the year: Two at Elm Grove school-house, in Polk county; two at Dowell's school-house, in Warren county, and at other times as emergencies arise. Its object is not to take the law in its own hands, or February 20, 1876, would have been a a dark day in the annals of history, when they submitted to the quiet ar- rest of the assassins, who had imbued their hands in the blood of one of their number, but the actions of those who are called to places of trust and responsibility govern the actions of the North River Detective Association. That this society has done good in this neighborhood no one doubts, a good deal of salutary advice has been tendered, which generally has had the desired effect. We have no code of laws governing the mode of pun- ishing the offenders, but circumstances govern the case. Thus we stand before the world, asking that the laws be faithfully executed by those in authority, protesting also against unfair means to turn loose upon society those who have forfeited their lives by taking the lives of their fellow-inen, pledging ourselves for the innocent, at the same time demanding that the guilty be punished. VIGILANT."
The first trial was at the Jannary, 1877, term of the district court, when Benjamin C. Westfall was put npon trial on the indictment which charged him with the murder of George Howry. The attorneys engaged in the case, at this trial were as follows: Williamson & Parrott, Judge C. C. Cole, of Des Moines, and H. McNeil, Esq., for the defendant. For the prosecu- tion, district attorney Hiram Y. Smith, and Bryan & Seevers. The case was carefully tried and occupied nearly three weeks and the verdict was guilty, of murder in the second degree, and Westfall was sentenced by Judge Leon- ard, to the penitentiary for twelve years. The case was appealed to the su- preme court of the State, which reversed the judgment below, on the ground
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of the admission of improper testimony, and the failure to admit other tes- timony, and remanded the case to the district court, in which it was tried at the January term of 1879, and the defendant pronounced " not guilty."
The next case was the trial of Colonel Fremont Dillard, on the same in- dictment, i. e., for the murder of George Howry, at the August term, 1877. The same attorneys appeared also in this trial, as in the previous case, and the prisoner was found guilty of murder in the second degree, and was sen- tenced to twelve years imprisonment in the pententiary. This case was also appealed to the supreme court, where it is now pending.
The next case was on this same indictment, the trial of Thomas Dillard, Simeon Jackson Dillard and Thomas Flanagan, for the murder of George Howry, at the February term of the Madison county district court, in 1877. Before the beginning of this case, a settlement was made with Bryan & Seevers, and they withdrew from the case. The verdiet was guilty as to Thomas Dillard and Simeon J. Dillard, and not guilty as to Thomas Flana- gan; and the Dillards were each sentenced to twelve years in the peniten- tiary. This case is also pending in the supreme court.
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