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 57
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At the last trial of the case of Benjamin Westfall, Geo. W. Seevers, who had been connected with the prosecution from the beginning, was engaged by permission of the county, as one of the attorneys for the defense, and Judge John Leonard who had retired from the bench, appeared to assist Mr. William Conner, the district attorney, in the prosecution. ...
None of the other cases have been reached, and at the last, the August term of the Warren county district court, Mr. George Collings, as attorney for the county, and under the direction of the board of supervisors, moved to dismiss all the remaining cases from the docket. The Judge took the matter under consideration, but rendered no decision in it during the term of court. The motion was based upon the following petition from the tax- payers of the county:
"To the tax-payers of Warren County, Iowa:
"The undersigned members of the board of supervisors recommend the cir- culation of the following petition, and would state as their reasons therefor, that the trials already had on these indictments have resulted in nothing but a burden of costs to the tax-payers, and the further prosecution of these canses, should all the indictments be prosecuted, would render our county hopelessly bankrupt, without a probability of a conviction, to say nothing of consuming the entire time of our courts for many years to come, to the exclusion of all other business: that there are now a number of persons confined in our county jail under indictment, who under law, should have a fair and speedy trial, but who must be kept there at a heavy expense to the county, from the fact that their cases cannot be reached for trial while these causes are pending, to the great injustice to the parties in jail, as well as the county.
" We would further state, that each succeeding trial on these indictments has been attended with increased expense to the county, and that the en- tire time of four terms of the court, lasting through four weeks each term, has been consnmed in the trials already had, and no good either to the county or State has yet been accomplished. That the costs that will be in- curred, as well as other disadvantages necessarily following the further pros- ecution of these causes, will render the good name and credit of our county so odious that parties. who may desire to settle among us will not do so, for the reason they do not desire to shoulder this great responsibility, in the
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shape of taxes. In short, we may say, it will not only tend to depreciate the value of our real estate, but will retard the growth and prosperity of our entire county.
"E. W. Perry, Ch'n, -
"J. E. Rawson, Members of Board.".
"H. W. Taylor,
"To the Hon. W. H. McHenry, Judge of Fifth Judicial District of Iowa: "Your petitioners, the undersigned citizens and tax-payers of Warren county, Iowa, in said district, respectfully request that the four indictments now pending in said court, being causes numbered 262, 263, 264 and 271, and respectfully entitled, 'The State of Iowa against Jacob F. Dillard and others,' be dismissed.
"Your petitioners further state, as some of the reasons for the above re- quest, that at the January termin of said court, in 1879, one of the defendants in one of said indictments, numbered 262, namely, Benj. C. Westfall, was tried on the charges stated in said indictment; that this trial was regaded by all as a. test case on the charges made against said defendants; that on said test trial the jury unamiously and promptly found a verdict of ' Not guilty!' that the trials already had have involved the county in over thirty thousand dol- lars costs, and no one of the defendants yet convicted; that the people of this county at this time are greatly overburdened with taxes; that to try the re- mainder of said defendants would yet require thirty-four separate trials, taking at least three weeks of the time of this court for each trial, and at a cost to the connty of more than ONE HUNDRED THOUSAND DOLLARS, in addi- tion to that already made on the former trials; that justice alike to the defendants and tax-payers of this county demands that said claims be dis- missed at once and without further costs or delay.
"Indianola, Iowa, March 27, 1879."
There was about two thousand signers to the above petition, and this was the last movement in the "Tear Down" murder cases. What will be the end, no man can tell. That they have been a shame and a disgrace to the county, besides the cost of the "law's delays", no man can question.
THE MISS OADING MURDER.
From the time of the commission of the fatal " Tear Down " murders crime seemed fated to run riot in Warren county, and on the night of October 30, 1877, another fearful crime was committed in Belmont township, in the murder of Miss Angusta Cading. This crime was the more dreadful because of the swift vengeance . which fell upon one of the men who was charged with the commission of the crime. The assault upon Miss Cading will be fully explained in the account which we shall publish in connection with this of the preliminary examination of Reuben Proctor, as detailed from her own lips. We have been fortunate in securing files of the newspapers of the time, giving in all their details the terrible tale, and as the account cannot be made more complete than it is given by these men, who understood the cause in all its bearings, we append them hereto. Proctor was arrested and confined in the Indianola jail, which, on November 12th, was attacked by an armed mob. From the Indianola Tribune of the following week we clip this account:
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"A Tribune reporter, while writing at the time, was disturbed at about . half past eleven o'clock, Monday evening by some noise outside. Thinking it to proceed from some boys who might be out on a lark, no attention was paid to the matter until a number of minutes afterward, when the alarm of fire was sounded by the ringing of the Presbyterian church bell. Hastily opening a window and glancing in the direction from whence the noise proceeded, it took but a moment to comprehend the situation-the antici- pated vigilants had arrived and were endeavoring to burst in the jail door for the purpose of taking therefrom Reuben Proctor, who was awaiting preliminary trial on the charge of having attempted the murder of Miss Cading, of Belmont township. On arriving at the spot the reporter found the jail surrounded by about one hundred men on horse-back, armed with revolvers and pistols, while two were engaged in trying to batter the door of the jail in with heavy sledge hammers. A mock attempt at firing the jail had been made, probably in the hopes of causing the guards, who were enpposed to be inside, to open the door, but this was carried no further. about fifteen or twenty citizens had already arrived, but the number in- creased very rapidly. At first these were kept several rods away, but gradually they closed nearer about the company of mounted men, it being found that when sternly resisted, though threatening to fire, they would not force themback beyond a short distance from the jail. Sheriff. Meek and deputy sheriff Pressley were on hand from the beginning, but their orders to disperse were not heeded. Several attempts were made by citizens who had collected to intimidate the vigilants by making them think that they were all armed and would fire on them if they did not, but they were not to be dispersed in that way. Mr. Todhunter, who had arrived, was re- quested by Sheriff Meek to talk to the men, and endeavor to make them desist. He did so, but not with mueh effect. Others urged them to let the law take its course, but without avail. Listen for a moment they would, after which the blows upon the door would fall swifter and harder. Oaths were uttered by some that they would not stop until they had revenge npon Proctor, even if they had to burn the jail down for the purpose. Others there were who seemed to be influenced somewhat, but they pleaded the justice of their cause by rehearsing the injuries they had suffered at the hands of this man and the other members of the gang. They spoke of the damage, almost ruin, which was done the neighborhood. Thus it went on, the battering of the door, the talk back and forth, and the general excitement. The men showed a lack of thorough organization. But little order prevailed among them after once the excitement had been aroused. The keys were demanded of Meek and Pressley, but they denied knowing where they were, which was doubtless the case, as Burkett, the turnkey, had taken pains to see that they were lost for the occasion. The effort to burst the door open did not seem to have much effect, the strong oak planks, which were covered with heavy sheet iron, and strongly bolted, seeming to resist the power of their tools. Again and again were pursua- sive means and threats used in the hope that the men would give up their purpose, and by degrees they were diverted from it. After working until abont one o'clock they began to disagree among themselves. The men who were supposed to be the leaders ordered a retreat but only a few obeyed, they and the officers starting for home, while the rest began the work with renewed energy. After holding out another hour, or until two o'clock, the effort was given up. Some three hundred citizens had collected here by
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HISTORY OF WARREN COUNTY.
this time, but whether it was because of fear that these would compel them to leave, or because they concluded that the door couldn't be broken, that they decided to leave, is a matter for conjecture. At any rate they made a hasty departure, firing a number of shots into the air as they turned the corner near the jail to leave.
" Hardly were they heard until their arrival at the jail. One gentleman saw them when passing the National House. They proceeded with remark- able quietness, the noise of the horses' hoofs being about the only warning of their approach. Once the order "close up " was given in a hushed voice, but this was all. The officers had had intimations that they were coming, however, and the jail guards had sought the outside, though the vigilants were given to understand that they were on the inside."
" Immediately after they had gone a crowd collected about the jail win- dows, where, after being assured that he was now safe, Proctor was con- versed with. It was evident that he had been terribly scared, his voice trembling as he answered the inquiries of those who spoke to him. Thos. Rice, a Palmyra young man, who has been in jail for abont two months, awaiting the Jannary term of conrt, to answer the charge of grand larceny, though evidently badly frightened also, appeared at the window and took the more prominent part in answering the questions put. Rice seemed to possess a nature for looking on the humorous side of the case. On being asked how he liked it, he replied that he would a 'gol-darned sight rather be out husking corn' at the time. Now that the crowd outside was assured of Proctor's safety, they seemed to think that it was meet that he should be tortured by fears of the return of the armed men. He was in- formed that they had only gone back a little ways to reorganize; that four other companies had been awaiting the call and were to return with those who had left, and that they were going to tip the jail over. Nothing seemed to be too much strained for him to believe, and he begged to be taken out. On being informed that the lock had been so demoralized that it would be impossible to open it, he asked for a crow-bar, saying that he would not be long in opening the thing. After tormenting the man sufficiently long, the citizens began to return to their homes. Early Tues- day morning many of them were out to see how near the vigilants had come to getting Proctor. Nearly seventy bolts had been torn out of the door, leaving it in a critical condition. But little further effort would have been necessary to have completed the job." .
It was decided that the preliminary examination of Proctor should be held in Belmont township, and the following article from the Indianola Herald, of November 22d, 1877, written by an eye witness of the affair, gives a very graphic account of the examination, and his subsequent exe- cution by the mob, as well Miss Cading's own account of the assault upon her, and all which preceded it. The account was as follows:
"The preliminary examination of Reuben Proctor upon the charge of assault with intent to murder, was to be resumed on Wednesday, the 14th, before 'Squire Van Gilder. Since the assault made on the jail on the Monday evening previous, it had been variously discussed that if Proctor should be taken back to Belmont township he would be lynched by the citizens. Many believed this probable, while others contended that after the failure at the jail no further attempts would be made in this di- rection. Proctor's friends, frequently during the day, Tuesday, and be- fore starting to Belmont, advised him to waive preliminary examination
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HISTORY OF WARREN COUNTY.
and thus save any exposure to danger from the mob by re-appearing at Belmont township, if such dangers really existed. This Proctor stubbornly refused to do; affirming his innocence of the crime of which he was charged, and promising to be able to prove his innocence. On Tuesday afternoon some of Miss Cading's friends, and prominent citizens of Belmont township, were in this place, and employed Mr. G. W. Seevers to appear on the day following, and conduct the prosecution of Proctor on the part of the State, at that time it was understood, also, that Messrs. Williamson & Parrott would appear as counsel for the defense. With this understanding, on Wednesday morning, about seven o'clock, Sheriff Meek, with deputies Pressley and Burkett, accompanied by Messrs. Culbertson, Clark and Van Pelt as a special force, left the jail in charge of Proctor to convey him: to Van Gilder's, in Belmont township. Mr. Seevers, representing the State, in company with Mr. Eli Townsend, a prominent and wealthy citizen of. Belmont, also started from here with the same company. Everything ap- peared quiet about the city and along the road until they came within the neighborhood of Hammondsburg, where it was observed some little excite- ment was occasioned by the appearance of Mr. Proctor, and from that point to Schonburg it was noticed that a considerable number of men were riding on horseback about the country, but no demonstration was noticed along the road threatening any violence against the prisoner. When the party arrived at Schonburg, however, they found collected there about 200 men and boys who seemed to have considerable feeling against the prisoner. Immediately after arriving at Schonburg, Proctor was taken to the room provided for holding the examination. Mr. Seevers reported the State ready for hearing. The justice inquired if Mr. Proctor was all ready, to which he replied he was, as soon as his attorneys arrived. Mr. Seevers en- quired whom he was expecting. He answered: 'Messrs. Williamson & Parrott promised to come and defend me. Deputy Pressley then said that they need not delay the trial waiting for those attorneys, as he had driven to Williamson's house that morning, and that gentleman informed him that he was not coming. Proctor remarked that that was strange as Mr. W. had promised to come only the evening before. Proctor then inquired if there was any one else there whom he could get to defend him. The justice informed him that O. O. Morrison was an attorney, and was pres- ent. Proctor then asked to see Morrison, which he did, and Mr. M.'s ser- vices were soon enlisted in his behalf. Mr. Seevers was then informed that Miss Cading, the girl whom Proctor was accused of shooting, was failing fast in strength, and might live but a few hours longer. This fact he stated to the court, and asked that an adjournment be made to Miss Cad- ing's house for the purpose of taking her testimony, and perhaps her dying declaration. This was agreed to by the justice and defendant's counsel, who immediately prepared to go to the house, about three miles distant. Before this adjournment was had, however, both the witnesses for the State were called and sworn. Proctor swearing in behalf of his defense, his father, mother, sister and wife only, and for the purpose, as he stated, of showing that he was at home at the time, on the evening when the crine was said to have been committed. Proctor also stated that he might also have other witnesses, before the trial was concluded, but no others were called or sworn. After coming out of the house, preparatory to starting to Cading's house, some one asked Mr. Seevers how long they would prob- ably be gone. He replied that he thought the testimony could be taken in
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HISTORY OF WARREN COUNTY.
in about an hour, and they would probably be able to complete the testi- mony and return within an hour and a-half from that time. He also stated that it was the request of the family that the taking of the girl's testimony should be as quiet as possible in order that she might not be distressed more than necessary by the taking of the testimony. He also requested that the crowd should not attend at Mr. Cading's, but should remain at Schonberg until the girl's testimony was taken, and that upon their return and before the trial was concluded, they would have an opportunity of knowing the substance of her story. The crowd seemed perfectly satisfied with this, and all expressed their willingness to remain away. The Sheriff then started, in charge of Proctor, for Cading's, accompanied by the jus- tice, Seevers, and Morrison, as Proctor's attorney.
" When the party arrived at Cading's they found several prominent citi- zens of the township there awaiting them. The sight of Proctor at the house, although he was taken there at his own request, created consider- able feeling on the part of the father, uncle and other relatives of the girl, as well as other gentlemen present, although, so far as our informant knows, not a demonstration was made against him, nor a harsh or angry word spoken. Proctor also, when brought in front of the house of his alleged victim, who was then announced as lying 'in extremest and intensest suffering,' manifested a nervousness and twitching of the muscles, with a downcast and broken look, he had not been before noticed to exhibit. He glanced eagerly about the premises in the direction of the school-house, where the masks used on the night of the robbery were said to have been made, then to that of his own house, all' visible from where he stood. His eyes turned nervously again upon the door of Mr. Cading's house, watching it intently as if expecting it to open and the object of his search to be made visible; then his eye turned again npon the little crowd of perhaps half a dozen who stood in the yard about the house; then he sank his chin upon his breast in a downcast, meditative attitude, from which it was not raised for any length of time during the entire stay at Mr. Cading's. After some consultation it was thought that the condition of the girl would not bear the presence of Proctor in her sight, upon which it was agreed that the attorneys and the justice would go quietly to Miss Cading's room and re- turn without taking the prisoner in her presence, and take her testimony. This they did, but owing to the very feeble condition in which they found Miss Cading, the taking of her testimony was necessarily tedious. She seemed to be perfectly rational and fresh in the recollection of every par- ticular of the transaction, even to the minutest detail. She testified sub- stantially that she had known Proctor intimately for the last year; that he had been at their honse a number of times, but quite frequently within the past few weeks; that Proctor lived about one-half a mile west of her father, on the road between her father's and Indianola; that immediately after it was understood her father had sold his farm, Proctor came to their honse, and her father being from home at the time, he enquired of her as to the fact of the farm having been sold, the price obtained, asking many questions, but making known no business of his own. These visits were repeated, and became frequent within the two weeks immediately preced- ing the robbery. About one week before the difficulty, Miss Cading testi- fied, her father started early in the morning to drive their hogs to Indianola, going by Proctor's house. In the afternoon on that day Proctor called and enquired of Miss Cading where her father was, and what he was gone
.
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HISTORY OF WARREN COUNTY.
for; what time he would probably return, remarking that as he (Cading) had driven his hogs on that day, he could not return before some. time that night. These conversations, Miss Cading testified, made her quite familiar with Reuben Proctor's voice. On the evening of the difficulty, which oc- curred about seven o'clock in the evening of the.30th of October, she was sitting at a table near the door of the north side of the house, with her back to the door, her two little sisters, aged six and .fourteen years respect- ively, sitting by her at the same table. Her brother, still younger, was asleep, and her mother, an aged woman, who has been a helpless invalid for the last seven or eight years, was at the time in a bed in an adjoining room. These were all the persons then about the house. As they were sitting alone, and without having heard any noise abont the house pre- viously, the door just behind where Miss Cading was sitting was suddenly thrown open, and a man masked and with a revolver, cocked, in his hand, stepped suddenly into the room. He did not speak, but made a noise as ' hem!' or ' hal' to attract her attention. She turned quickly, and faced her intruder, but as she did so he pointed a cocked revolver distinctly at her head. She stood for an instant looking firmly into the face of this ter- rible messenger of death, held at her with steady land and deadliest aim, and then surveyed quickly the masked demon who stood behind and di- rected it. She hesitated but an instant, then with a boldness and courage that would do credit to the bravest of the brave, she sprang with a tiger's bound and strength into the very jaws of death. With her left hand she seized the revolver, and pulled it down; with her right, at the same time, she canght and tore from the head of the would-be murderer the mask that concealed his face. As she did this, the assassin fired, the ball taking effect directly below the nipple of her right breast.
"But with this Miss Cading did not release her hold upon the assassin, but crowded him backward toward the door through which he entered. As she did this he fired at her a second shot, this time the ball taking ef- fect in the fingers of the right hand. While this combat was going on an- other man, also masked and disguised as the first, stood in the door about two steps behind the first, and after the second shot was fired inquired of Miss Cading, 'How do you feel now?' This man, testified Miss Cading, 'was Reuben Proctor. I knew him from his voice when he spoke and from his general appearance also.'
" After she had thus forcibly put these men out of the house, the girl closed and bolted the door and also bolted the other doors about the house, and then fastened the windows, also pulling some heavy articles of furniture about the house against the cellar door, to prevent the men from re-enter- ing the house should they attempt to renew their murderons attack upon her. She then sank down exhausted upon the bed, from which she never arose until death kindly released her from her terrible suffering. In this situation her father and brother found her about one hour afterward, upon their return from Indianola, whither they had gone that day.
"The man from whom the mask was torn had his face blackened also, in order to make his disguise more secure. The masks were made of old white muslin, sewed up in the shape of a small poke or sack, drawn over the head, with holes cut for the eyes and mouth; about these holes were marked black lines and stripes in such manner as to make the mask most hideous, and in this at least they were eminently successful, for more hideous look- ing objects could not well be imagined. At the time Miss Cading was
0
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giving her testimony she was suffering intensely at times from her wounds, which caused the examination to consume longer time than was expected when the party left Schonburg. On this account the crowd who had re- mained quietly at that place, became apprehensive that the sheriff had un- dertaken to return Proctor to Indianola, by means of some by-road. About half way back from Cading's those who had gone were met by a party of horsemen, who when the sheriff and Proctor passed quietly turned and rode back to Schonburg. This crowd of horsemen showed unmistakable signs of violence toward Proctor. Long pieces of new rope were exhibited in the hands of different parties, one of the ropes was passed from one man to an- other, and by the second was adjusted with a hangman's knot, and then withont a word was quietly passed back to the first. Our informant also observed another fact; that was, this crowd was not composed of boys, or idle, thoughtless men, but of old and responsible citizens, not only of Bel- mont township bnt from very remote parts of the county. Prominent and leading men in the neighborhoods where they reside. Sober, thoughtful, quiet, well-meaning men. It was also evident that that collection of men had not come together by accident. Remorse and pride, with timid dread, to do and dare, had long held balance over many a mind, until conviction came at last, and then with swiftest justice pointed out the way. Thus every man had formed his purpose-no other man that purpose knew so fully. Each knew his neighbor's mind so well they stood side by side and they did not care to speak concerning it, while a few outsiders, who did not really know the full intent and purpose of the many, talked freely of their duty and their purpose, the more responsible and thoughtful men, the men who listened, heard and thought, and really meant to act, spoke seldom and said but little. And thus the day was passed outside among the crowd that numbered several hundred.
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