USA > Iowa > Washington County > The history of Washington 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, portraits of early settlers and prominent men > Part 64
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pose to give an account of all of them, but shall refer only to such as seem to have been the most peculiar.
The same is true of accidents, which have been of such frequent occurrence that a detailed account of each would require an amount of investigation and labor which is not warranted by the interest that the general public has in them. A few, however, which seem to be especially deplorable, and at the time of their occurrence occasioned widespread interest and sympa- thy, will be attended to.
THE KILLING OF PERRY BY SEARCY.
The first murder, as appears from the court records, was that of Peter Perry by Elijah Searcy, on the 31st day of May, 1841, in Clay township. Searcy was indicted by the grand jury in November following, and the bill is signed R. P. Lowe, district attorney. William A. Davisson was foreman of the grand jury, and the following persons were the witnesses: John Miller, G. Wilmouth, Elias Whetstone, John B. Graves, Wm. Sercy, and Cyrus Jourdan. On the 2d day of June, 1841, James M. Smith, a justice of the peace, issued a warrant for Searcy's arrest, which was executed by John Pennington, constable, on the 4th day of June. When trial being had it was "from the evidence adjudged that the said Elijah Searcy be committed to jail." On the 9th day of June an inquest was held on the body of Perry before Orson O. Kinsman, a justice of the peace and acting coroner. The jury was composed of Moses Hoskins, Sr., Robert Pringle, John Wasson, John Brier, James Higginbotham and A. M. Overman, who returned the verdict that Perry came to his death by a wound received by a club in the hands of Searcy. On the 7th day of June, Searcy sued out a writ of habeas corpus, before Judge Joseph Williams, by Olney and Negus, his attorneys, but nothing appears to have been done. On the 9th day of June, a recog- nizance was taken by J. W. Houston, for Searcy's appearance to court, which is signed by Elijah Searcy, William Searcy, Cyrus Jourdan, John A. Miller, and Robert Searcy for $1,000, by which it would seem he was re- leased from confinement. On the 25th of November, 1841, the indictment having been found, a warrant was issued by the clerk of the district court for Searcy's arrest, and a capias on the 5th of May, 1843, both of which were returned without service, the criminal in the meantime having disap- peared. The case was never tried.
THE JOHNSON MURDER.
The next case was that of Job Peck for the murder of William Johnson, in Mahaska county, on the 9th day of September, 1843. The circumstances of this murder are given somewhat elaborately, but as the affair was of national notoriety and was quite romantic as well as criminal, we deem it of sufficient interest to be given in full.
During the winter of 1841-2 there appeared at Iowa City a stranger who gave his name as Col. Wm. Johnson, and who was accompanied by a young woman whom he represented as his daughter, and whom he called Catha- rine, or, usually, Kit. Both were of more than ordinary strength of char- acter, and well educated. Johnson claimed to have been the hero of the Canadian revolt, which took place in 1838, and was the occasion of consid- erable diplomatic correspondence, and came so near causing war between Great Britain and the United States. The girl, he stated, was the "queen
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of a thousand isles," and authentic history so far corroborates his story as to mention the fact that on the St. Lawrence there was a certain young woman who gave aid and assistance to the patriots in this border trouble. Johnson succeeded in cutting quite a figure in Iowa City during the ses- sion of the legislature. He was honored by a seat on the floor of the house, and was toasted and banqueted by some of the law-makers of the then State capital. In 1842 Johnson located at the geographical center of Buchanan county, where he proposed laying out a town, and where he ex- pected by his fame and prowess to draw around him a band of followers, and secure the county-seat. This excited the jealousy of the first settler of that region, Wm. Bennett, a notorious character, who had laid out a village where Quasqueton now stands, and where he hoped to enrich him- self by securing the county-seat of the new county. Bennett gathered a few congenial spirits about him, went over to Johnson's, loaded up his effects for him, then tied him to a tree and flogged him, though with what severity is unknown, as accounts differ. Johnson went to Marion, where he lodged complaints against his persecutors, and the sheriff of Linn county rode up to Quasqueton to arrest Bennett. The latter awaited him at his cabin door, armed with his rifle and a pair of pistols. The sheriff modestly retired and went back for a posse. Bennet and his companions became convinced that they had better leave Quasqueton for a while. On their way to a place of escape they suffered terribly from intense cold. Some of the parties perished, and others were frozen so as to be mutilated for life. This, of course, aggravated Bennett still more, and he and John- son became deadly foes.
Soon after, Johnson, loving his popularity, left Buchanan county, got in with a gang of horse-thieves, and fled to Mahaska county to escape the law, bringing with him the girl Kit, and another man and woman. .Johnson seemed to have had this girl entirely under his control, and in his fits of pas- sion, it is said, threatened to kill her, in consequence of which she was in mortal fear of him. Johnson located on Middle Creek, about eight miles northeast of Oskaloosa, in a grove now owned by James K. Woods. He there built a shanty. In the spring of '43, a family by the name of Peck came to a point on Skunk river, about four miles from Oskaloosa, where Russel Peck, with his son-in-law, Geo. N. Duncan, built a grist-mill. Johnson and his daughter, so-called, lived for some time with the Duncans and Pecks. Several times, it is related, during the time he staid with them, strangers from the north came there and asked to stay over night. They were kindly treated, lodged, and nothing charged them. This made John- son very angry, the reason for which being, as was afterward learned, that these were of Johnson's enemies in Buchanan county, who, for some rea- son, did not get an opportunity to accomplish their purposes, i. e. revenge on Johnson. During this time an attachment sprang up between Kit and Job Peck, son of Russel Peck, a young man of about twenty-one years. Johnson was greatly enraged on discovering this, and removed to his own cabin above mentioned, taking the girl with him. Wm. D. Neely was en- gaged to Peck's sister, Sarah. An elopement was planned. While John- son was away one evening, about dusk, Kit was stolen away, and the two couples started in an easterly direction. The following day they reached the house of a relative of Peck's, about four miles from Fairfield, where they were married and lodged for the night. Upon his return home John-
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son set out in search for them, came to the house where the fugitives were near one o'clock at night, entered the house, and, with drawn revolver, dragged Kit from the bed, compelled her to dress herself, and mount be- hind him and ride thus to his house.
The following evening, about seven o'clock, Johnson was shot dead through a crevice in his cabin, while standing in front of the fire. Job Peck was arrested on charge of the murder, taken to Washington county and lodged in jail. His lawyers were J. C. Hall of Mt. Pleasant, and Colonel Thompson. These gentlemen, learning that a warrant was out from the northern part of the State for the arrest of Kit, as being an ac- complice of Johnson, it was arranged that the girl should be secreted until she could be provided for. This was done, and a young law-student of Hall's, named Wamsley, was sent with a buggy to Mahaska county, to the girl's hiding-place. This Wamsley, while fording the Skunk river, a short distance from Oskaloosa, met a man on horseback in the midst of the stream. The stranger stated to Wamsley that he was in search of a girl, giving her description, being the same one that Wamsley was after. The latter, to throw the officer off of the track, told him he had seen such a girl in a certain house in the direction in which he had come. The officer started in pursuit, and Wamsley proceeded about three miles and a-half to Kit's hiding-place. She was taken to Burlington, put on a steamboat, and sent by Hall to Pittsburgh, Pennsylvania. Job Peck was acquitted, hav- ing proved an alibi. Some time after the murder, and during Peck's im- prisonment, a stranger stopped at Duncan's and informed them that his name was Bennett; that he was one of the men who had stopped with them, and whom they had so kindly treated; that he and Johnson had been deadly foes. He told the Duncan's that they need not be alarmed in regard to Job's acquittal, as he (Bennett) knew Peck was not guilty, and gave the Duncan's to understand that he knew who was.
At the October term 1843, of the district court, Peck was indicted for this murder. James P. Carlton was district attorney; Thomas Henderson, foreman of the grand jury; J. C. Hall, Wm. Thompson and Wm. Church- man were counsel for the prisoner. Peck was tried at a special term of court held in November, 1843, before Hon. Joseph Williams, judge, and the following jury: James Mount, George Hendrickson, John W. Hous- ton, Francis Hulick, Jacob Westfall, Jeremiah Hollingsworth, John Baker, John S. Stark, John Scott, Matthew Boughton, John Earl and Samuel Em- . bree, and was acquitted.
If we are correctly informed, and we have good authority, the most ro- mantic part of this story is yet to come. During the time that he was imprisoned Peck knew nothing of his wife's whereabouts, nor was he in- formed by his lawyer until some months after his release. Finally her ad- dress was given him and he set out for Pittsburgh. There he found her living with people of the highest respectability, in most elegant style. Peck himself stated to our informant that the house was furnished with a grandeur that he had not dreamed of; that his wife was a fine musician; that she had played for him on a piano in that house, and that he had these evidences of her accomplishments, which he had not before conjectured. She was ready to come away with him, did come, and for several years lived near Oskaloosa with him. Parties now living remember her well; say that she was a woman of fine education, of refinement and unblemished character, wrote a beautiful letter, and gave every evidence of a good " bring-
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ing up." No one believes-she herself denies-that Johnson was her father; but who she was, or who Johnson was, possibly her husband, cer- tainly her husband's family never knew. She lived happily with Peck in California, until the latter's death. She has a noble family, and is again married to a devoted husband Her portrait of late years has nothing of the romantic in it, but every lineament marks her intelligence and happi- ness. To-day this "Queen of a Thousand Isles " is queen of a happy household in a far western home.
Since writing the above we have been cited to an article in " Scribner's Monthly" for April, 1878, entitled " Among the Thousand Isles." From this article we make the following extracts:
"Of late years perhaps no event caused such a stir of excitement in this region as the so-called patriot war in 1838, a revolt of certain Canadians dissatisfied with the government of Sir Francis Bond Head then Governor- General of Canada, which was joined by a number of American agitators, ever ripe for any disturbance.
" It was a wild, insane affair altogether, and after some time consumed in petty threats of attack, finally reached a climax in the burning of the Cana- dian steamer 'Sir Robert Peel,' one of the finest vessels upon the St. Law- rence. The most prominent actor in this affair was Bill Johnson-a name familiar to every one around this region-whose career forms a series of romantic adventures, deeds and escapes, followed by his final capture, which would fill a novel. Indeed, we understand that a novel has been written by a Canadian Frenchman on this theme, though we have not had the good fortune to find any one who has read it.
"Johnson was originally a British subject, but turned renegade, serving as a spy in the war of 1812, in which capacity he is said to have robbed the mails to gain intelligence. He hated his native country with all the bitter- ness which a renegade alone is capable of feeling. He was one of the earliest agitators upon the American side of the border, and was the one who instigated the destruction of the 'Peel.' A reward was offered by the governments of each country for his apprehension, so he was compelled to take to the islands for safety. Here he continued for several months, though with numbers of hairbreadth escapes, in which he was assisted by his daughter, who seems to have been a noble girl. Many stories are told of remarkable acts performed by him, of his choking up the inlet of the Lake of the Isle with rocks, so as to prevent vessels of any size entering that sheet of water; of his having a skiff in which he could outspeed any ordi- nary sailing craft, and which he carried bodily across necks of land when his enemies were in pursuit of him, and of his hiding in all manner of out- of-the way spots, once especially in the Devil's Oven, previously described, to which his daughter, who alone was in his confidence, disguised as a boy, carried provisions. He was finally captured and sent to Albany, where, after suffering a slight penalty for his offense, he was subsequently released, although he was always very careful to keep out of the clutch of the indig- nant Canadians."
MURDER OF FERDINAND COFFMAN AND CHILD-CONVICTION AND EXECUTION OF WILLIAM M'CAULEY.
The third case was that of William McCauley, who was indicted for the murder of Don Ferdinand Coffman, in English River township, on the 4th day of August, 1844. The indictment is signed by Edward H. Thomas,
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district attorney. David Anderson was foreman of the grand jury, and the following were the witnesses: Ira A. Parker, - - Watters, Walker Coffman, Dr. G. H. Stone, Mrs. Isophena Coffman, Leonard Robinson, Thomas Stoddard, David Bunker, Marcus Hull, John B. Hobbs, N. M. Mc- Farland, William C. Massey and Isaac Gillam. A change of venue was had to Van Buren county, where he was tried, convicted and hung. The cir- cumstances of this case were about as follows: An intimacy, as McCauley claims, grew up between him and the wife of his victim, which terminated in a quarrel between the men. Many threats were made by each against the other until the day of the tragedy, when Coffman, on a horse, with a child, rode through a lane, and McCauley coming through a field with a gun, when he reached the fence at a point about eighteen feet from the vic- tim of his hate fired, the ball passing through the body of the child, killing it instantly, and entering the body of Coffman, causing a wound from which he died the next morning. He also claims that Coffman's wife and others persuaded him to commit the murder. The testimony shows McCauley before, at the time, and subsequent to his arrest, admitted the murder, claiming that he did not intend to kill the child.
CONVICTION OF HERRIMAN FOR THE MURDER OF MILLER. PREPARATIONS FOR
HIS EXECUTION. THE GALLOWS CHEATED OUT OF ITS VICTIM. .
The next case was that of John C. Herriman, who was indicted for the murder of David H. Miller, on the 9th day of August, 1848, on the farm of A. J. Disney in Marion township. This was the most exciting circum- stance of the kind ever perpetrated in the county, owing to its cool and de- liberate, as well as unprovoked character. The indictment was found on the 5th day of September, 1848, signed by Autis H. Patterson, prosecuting attorney, Abel Todd, foreman of the grand jury, and the following witness- es: A. J. Disney, William Moray and David T. Sewell. On the 10th day of August before Thomas McMillan, justice of the peace, the case was exam- ined, and Herriman committed to jail. At the September term, 1848, of the district court, Edward H. Thomas was appointed to assist Mr. Patterson in the prosecution of the case, and David Rorer and George Achison were ap- pointed attorneys for Herriman. After arraignment and plea of "not guilty," the following jury was impaneled: John English, Alfred Meacham, Elijah P. Hagler, Peter Buck, Martin Scranton, Alva B. Rose, Edward Farley, Joseph Neal, Jesse Evans, William Corbin, Jacob Roam and Reason Vert, but no trial was had owing to a continuance of the case. At this term the defendant moved that some indifferent person be appointed Elisor to summon a jury and act as sheriff during the trial, as he verily be- lieves "that Jonathan Wilson, the sheriff of said county, is prejudiced against him." Accordingly at a special term held on the 30th day of Octo- ber, 1848, before Hon. George H. Williams, judge of the first judicial dis. trict, Robert Kinkade was appointed such Elisor for that term. The follow- ing jury was then sworn: William G. Stewart, Ephraim Adams, George L. Crain, John Martin, Alexander Evans, Thomas Abbecrombe, James McClure, J. T. Smead, James Maley, Lewis W. Day, Lorenzi H. Sales and John Curry, who on the second day of November returned as their ver- dict: "We, the undersigned jurors, find the defendant guilty of the charge of murder as stands in the indictment." The following sentence was then passed by the judge:
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"By the law of the land and the judgment of your peers, it now becomes the painful duty of the court to fix your earthly doom. You have been prosecuted with all the leniency the law would allow. You have chosen your own time and place for trial. You have selected the persons to make deliverence between you and the people, and you have been ably and faith- fully defended by your counsel, but notwithstanding all this, twelve impar- tial men have said upon their solemn oaths that you are guilty of the crime of murder. In consequence of this conviction you must suffer the awful penalty of the law which you have transgressed, and die a premature and ignominious death. Though you hurried a fellow being into the eternal world without a moment's warning, the law will be more considerate and merciful toward its victim, and give you a reasonable time for reflection and repentence. Improve with sleepless diligence the brief remnant of your earthly existence, and let the proceedings of this day impress upon your mind the necessity of a suitable preparation to stand in the presence of that Judge whose frown is eternal death. The condemnation of this tribunal will sever all the ties that bind you to this world and its fleeting concerns, and leave you entirely free to secure the favor and grace of Him who has power and will to forgive the penitent. Would to Heaven that you could live long and be a blessing to society, your friends and family, but you have made the forfeit of your own choice. The stern mandates of the law must be obeyed, and you must die.
"The sentence of this court then is, that you be remanded back to the jail of this county and remain there in confinement until Friday, the 17th in- stant; that on that day you be taken thence to the place prepared for execu- tion, and there between the hours of one and three o'clock of said day, you be hung by the neck until you are dead, and may God have mercy on your soul."
Previous to this sentence being given the defendant moved an arrest of judgment and sentence, which was overruled and the case was taken to the supreme court on a bill of exceptions, assigning twelve errors. The su- preme court reversed the judgment of the district court and ordered a new trial, which was held upon a change of venue at Fairfield, where a verdict of manslaughter was rendered, and Herriman sentenced to eight years con- finement in the penitentiary at Fort Madison. About three years after Governor Hempstead pardoned him and he was released.
At the time of Herriman's trial in this county much feeling was mani- fested, and after the sentence the necessary preparations were made by sher- iff Wilson to carry it out. A gallows was erected on the ground east of and adjoining the cemetery in the southwest part of Washington, and the rope bought. On the day appointed for the execution, the town was full of peo- ple, but their curiosity was not satisfied, as a messenger bearing a stay of proceedings from Judge Mckinley, of the supreme court, arrived about three hours before the time for hanging. Much chagrin and disappoint- ment was manifested, but no disturbance took place, and the people quietly went home.
The circumstances of this murder were as follows: Some time previous to the election it was rumored about that Herriman was a convict, who had served his time in the Ohio penitentiary, and that consequently he was not entitled to vote, and threats were made by several persons to challenge his right to vote. These facts reached the ears of Herriman, who being a quar- relsome and dissipated man, threatened in return to "show any man" who
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should do so. Herriman was not challenged at the election, however, and several days after Herriman went to the residence of Mr. Disney, where were also Messrs. Moray and Sewell. He was intoxicated and it was with much difficulty a quarrel, and perhaps a fight was prevented then, as Herri- man seemed determined to chastise somebody for the insult given him. After considerable persuasion, he was somewhat quieted, and the party went to the fence in front of the house. About this time, Miller, the murdered man, rode up on a horse, having a child with him. Miller stopped, and Herriman accosted him with: "And you're another of the God damn sons of b --- who was going to challenge my vote." Miller setting the child off the horse, got off himself, saying: "Well, what are you going to do about it?" Herriman replied, "I'll show you"; at the same time raising his gun and shooting Miller, and killing him almost immediately. Herriman was, after considerable struggling, in which he was knocked senseless with a club, arrested by the other men present.
THE MURDER OF JONATHAN DEWEES.
On the 15th of July, 1859, Jonathan Dewees was killed in Marion town- ship. The circumstances were about these: Near the Crooked creek ford at Van Doren's mill, stood a small house which was used as a bawdy house. Proceedings were so disreputable and annoying to the neighbors, that they concluded to take the law in their own hands and abate it as a nuisance. Accordingly on the evening of the day stated, about a dozen of men pro- ceeded to the house to carry their determination into effect. Meeting with resistance a fight ensued, the assailing party being fired upon by the in- mates of the house, one shot taking effect upon Mr. Dewees, who lived but a few moments, the ball entering the back between the shoulders and passing through the chest. There were four persons in the house at the time-two men and two women-but it is presumed that Arnold Custar, one of the men, fired the fatal shot. In the confusion he escaped. He was indicted for the murder by the grand jury, but has never been, and probably never will be arrested, and the indictment still stands against him.
THE KILLING OF DR. SALES.
On the 18th of August, 1868, Dr. J. T. Sales was shot by Dr. L. E. Hogue, on the streets of Brighton, from the effects of which he died one week afterward. Hogue escaped; was never brought to trial. The cir- cumstances in the case were as follows:
Mr. Sales, in connection with others, had given Hogue a letter of credit to a Chicago house where he bought $300 worth of jewelry. Soon after returning Hogue packed up his things and sent them to Fairfield, and himself left the next morning. The gentlemen who had signed the letter of credit followed him to Fairfield and attached the goods. Hogue re- turned to Brighton, paid the costs of the suit, and had a team ready to leave. Dr. Sales met him on the street and began to remonstrate with him for his conduct. Sharp words followed and Sales took hold of Hogue and began to shake him, whereupon the latter drew a pistol and shot his assail- ant. The county offered a reward for the apprehension of Hogue, but he was never found.
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THE M'NALLY-KING MURDER.
At the term of district court held in October, 1869, John McNally was tried for the murder of Thomas King. The jury brought in a verdict of murder in the second degree. Judge Sampson sentenced the prisoner to the penitentiary for life. The case was then taken to the supreme court and a new trial was ordered, which was taken to Muscatine on a change of venne. The attorney for the defense setting up the plea of insanity, a com- mission was appointed to pass on his sanity. The jury finding the defend- ant insane, he was directed to be sent to the State asylum at Mt. Pleasant.
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