USA > Michigan > Mason County > History of Mason County, Michigan > Part 52
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" The following is the commencement:
" ' MANISTEE, October 8d, 1869. " . MY DEAR, DEAR MOTHER:
"' Oh tell me, have I yet a friend? This is a beautiful Sabbath morning. I am seated in my cell, in jail, for the dark and bloody crime of murder. The sheriff just handed me your letter of the 26th ult. Now I am writing, but what use to try, when your imagina- tion must in the end do what pen and ink can never do ' realize my feelings.' O how I could talk if you were here, but what use to write, when it will come so far short of my feelings. But I will try to answer a few things. I received your other letter in due time, but was very busy and delayed answering it in order to have my wife write some in it, and (as is too often the case) it was laid aside for the cares of every-day life. Now you ask me to write, ' truth- fully, faithfully, a statement for God and man to read;' you ask it by my hope of heaven and earth, etc. I can do that and call God and the spirit of poor, poor Herbert to bear witness, yet this is scoffed at as mockery and my very innocence is called impudence. But, oh thanks be to God, He knows. He knows, feeling that I am ready to go, ready now and can go smiling at the world's mis- take. My manhood rises with contempt above the man or set of men that would think me so low as to sell my peace of mind in this world and my soul in the next, for a few paltry dollars. But I was to write a statement, so let me go back and bring up the outline, from the date of my last, though I can't exactly remember just when that was. Winter passed and Spring with its warm sunshine set in, mills whistled and the streets put on a look of business. Mr.
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Field, naturally so full of life, at times seemed downcast.' [And so on down to where he begins in court.]
" The following is the conclusion :
" . I leave it with God and time to prove. It has been a pastime for me to write and I would like it printed, but it is badly written, badly spelled and badly put together, besides being long and tedious: still I would like it preserved, as it is probably the fullest statement I shall ever write. The only object in having it printed would be for my friends, though I would rather the world should not have it to hurl against my poor, defenseless wife till after trial. Now my more than mother, I am to close this and say farewell, but first let me say this: Rest easy as to me. I am content, God's will be done, not mine. My heart is right. You have been a true and noble woman and a guide of my life, and I love you for it, and God will reward you for it. You may freely bet your soul on my inno- conce, and when the people tell you that George Vanderpool was a murderer, say to them, ' You never knew him.' If I die for this crime I will not be the first nor yet the last, that have suffered un- justly. Let us hope in God. Remember me kindly to Ada, and may Heaven bless and protect you, is the earnest prayer of one whose only crime was the lack of " education " and wealth.
' Now as ever,
GEORGE VANDERPOOL.'
" And so on down to the time the prison door, at Jackson, closed upon him, he as earnestly protested his innocence; but I shall speak more particularly of his bearing again when I come to the trial and its incidents.
" The citizens of the place generally seemed satisfied that Van- derpool was guilty, and only awaited the coming of court to legally try and convict him; but while this was true there were many good citizens, who, feeling that Vanderpool could hardly do such a deed, were anxious for more light on the subject.
"Such was the state of affairs on the twenty-second day of De- cember, when George Vanderpool was brought before the Circuit Court for the County of Manistee and arraigned for the crime of murder. A vast concourse of citizens gathered to witness the arraignment, packing the court room to its utmost capacity. Many of the audience had never seen Vanderpool and many more had not seen him since he was quietly engaged in his business as banker, and to see him after an imprisonment of three months, charged with the crime of murder, was the curiosity of many. Probably five hundred is a fair estimate of the number of persons present to satisfy their curiosity by a view of him as he appeared before the court that day. And while it is strange, it is nevertheless true, the prisoner walked up the long aisle in that court room, while either side was thus densely packed with people, all eager to get a view of him, unobserved by a large number in the audience as the prisoner, until he arrived at the prisoner's chair and the sheriff was actually taking the irons from his wrists.
"And if a stranger had entered immediately after, it would have been quite natural for him to have looked upon the prisoner as some distinguished criminal lawyer, who was there for the purpose of defending Vanderpool. He was usually genteel in his appearance and dress, and while I do not think it can be said he arranged his toilet with more than ordinary care for this occasion, yet his fine black suit of clothes, spotless linen, neatly, fitting kid gloves and glossy silk hat were seemingly in strange contrast with the position he then occupied, and was, at the time, the subject of much remark.
"At the proper time he arose and listened to the reading of the information by the prosecuting attorney, with much calmness and self composure, and yet it was not difficult to detect a deep feeling
beneath the smooth and seemingly unconcerned surface. To the charge he pleaded 'not guilty', and was immediately returned to jail in charge of an officer.
"It needed no extraordinary perceptive faculties to realize that that audience was deeply interested in the case, and watched the proceedings with more than ordinary interest, but, during all, the most perfect order prevailed, considering the crowded situation of the room.
"On the following morning a motion was made for a continu- ance of the case until the next term, on account of the absence of material witnesses, and based upon the affidavit of the prisoner, a copy of which will be found in a subsequent part of the work. Counter affidavits were filed by the prosecution, copies of which will also be found in a subsequent part of this book.
Considerable apprehension was felt and expressed among the citizens that by some technicality, and without just cause, the case would be postponed from time to time; in the meantime, evidence might be lost, and in the end, the prisoner discharged, not because of his innocence, but on account of such a style of conducting the case. Such was the state of the public pulse when the motion for continuance was made, but when the judge decided against a con- tinuance, but postponed the case one month, to give the defence an opportunity to procure their witnesses, everybody was satisfied, so far as we could learn, and the trial commenced in February, with a confidence on the part of the people that the trial was to be fair for the people and fair for the prisoner, and the case was commenced and conducted throughout under these circumstances; but of course, the people were deeply interested in the case, and the spacious, but cold and uncomfortable court room was filled to its utmost capacity, the most of the time, and the trial occupied from the 3d to the 26th of February.
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The prisoner, though he exhibited considerable timidity, when near the crowd, in December, very soon after the trial commenced in February, became very much composed, was quite familiar with those near him and permitted much liberty in the court room, sit- ting near his counsel quietly advising with them, standing at the stove warming himself, sitting at the table writing, passing bits of paper to his counsel (undoubtedly containing suggestions to them), during the progress of the trial, making suggestions to them at will, cracking some little joke with ladies of his acquaintance who sat near him, consoling his loving wife, whenever he pleased, watching the witnesses upon the stand and noting their evidence carefully, and becoming so familiar with the audience that was each day wit- nessing his trial, that during the latter part he would joke with any of his acquaintances who happened to be near him on his way from the court room to the jail. To illustrate: I walked along with him one day and remarked that the end of his trial would come before long. He replied-'Yes, so will Christmas.' At another time, he was walking with an insurance man who was talking insurance business to one of his customers. Vanderpool, hearing it, inquired of him how much he would charge to insure his liberty. The reply was about one hundred per cent. At another time, seeing an acquaintance within hailing distance, he called to him and said - 'You look lonely, see, I have an escort.'
"The trial progressed from day to day, in the presence of a large and deeply interested audience, conducted on the part of the prosecution by Messrs. Bullis and Cutcheon, attorneys of Manistee, and Hon. Thomas B. Church, of Grand Rapids; and on the part of the defence by Messrs. Ramsdell and Benedict, and S. W. Fowler, of Manistee; Judge J. G. Ramsdell, presiding. With a jury selected mostly from the agricultural portion of the country, and, to al appearances, intelligent, calm and dignified, inspired renewed confidence in that time-honored institution, the 'jury', which Justice
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Blackstone, one of the world's most eminent jurists, portrays as the 'principal bulwark of our liberties'.
"The conduct of the prisoner during the entire case, and especially through the trial, was such as to demand the careful study of every person who ever expects in any way to pass upon the liberty of his fellow-being, and was such as can hardly fail to give the case a place in the legal annals of the country as one of the most remarkable cases founded upon circumstantial evidence the world has ever witnessed, a case that should be carefully scrutin- ized by legal minds, for the purpose of determining what effect the bearing and appearance of a prisoner upon trial should have upon the jury in making up their verdict.
"An attempt to describe in detail his conduct and appearance would simply be a failure, but a general view may be expressed by saying he was calm, composed, and seemingly attending the trial because it was necessary under the circumstances that he should be there; interested in its progress, apparently, like anybody else; in attendence for the purpose of disposing of so much work that had to be done and ascertaining the result and assisting his attorneys what he could in conducting the case; expressing his opinion of the incorrectness of the testimony as it was being given at times, and at other times going so far as to say to the witnesses themselves, immedi- ately upon leaving the witness stand, during intermission of court, that he had no fault to find with them; occasionally consoling his wife, who was an anxious spectator, yet exhibiting the greatest confidence in her husband's innocence.
"The fair and enlightened manner in which prisoners are per- mitted opportunities to defend themselves against charges of crime in this day and age of the world, and in America, are but indica- tions of the permanency of our free and independent government and institutions; and in this case, though a terrible murder had been committed in our midst, and a very general, amounting almost to a united opinion, had been formed in the community, that Van- derpool was the murderer, the great freedom and familiarity of the prisoner during the progress of the trial, and the privileges afforded him to present his defense, were such as to elicit the admiration of liberty-loving and law-abiding citizens generally.
" The interest manifested was intense, and through the whole of the twenty-sixth day occupied by this remarkable trial, a dense crowd packed the seats and lined every avenue of Thurber's Hall, where the court was held. The incidents of the trial sufficiently appeared in the reporter's notes of the evidence and proceedings. Thirteen days were consumed in taking the evidence, and six more in summing up to the jury by counsel. On the first day of Feb- ruary, 1870, the Circuit Court for the County of Manistee was called for the purpose of trying George Vanderpool. Twenty-four days afterward George Vanderpool made his final statement to the jury, which occupied three hours in its delivery, and was universally acknowledged to be one of the most remarkable efforts, in point of ability, apparent candor, and manner of delivery, ever made by a perjurer at the bar.
" After the charge of the judge, the jury took the case, and in six hours returned a verdict, ' Guilty of murder in the first degree.' The awful silence that followed was broken by a wail of agony; it came from a young heart, bruised, broken and bleeding-Mrs. Van- derpool had fallen, almost insensible, into the arms of her beloved husband, now a branded murderer. The scene can never be for- gotten by those who beheld it.
" The next morning, February 26, the prisoner was arraigned for sentence, and when asked why the judgment of the law should not be pronounced upon him, spoke as follows:
" YOUR HONOR-I got upon that stand the other day and said a few words, and it was afterward said that I play-acted. I merely
told the same story that I wrote last October. I never knew before that it was a crime for a man to tell the same story twice alike. I have heard of people being condemned for telling the same story differ- ent at different times, but never before heard it charged as a crime to tell a story twice alike. I got up there and told the truth, as I was advised to do, and counsel here have denounced me for daring to dispute the evidence that I knew to be an error, in the case of many very respectable people. I do not think it will avail me any- thing to get up here and charge respectable people of Manistee with intentionally doing wrong. I stated then, as I do now, and I know my feeble voice will have no effect. The evidence is taken as law, while my words are as chaff, but I gave them because I know them to be God's truth. I give them as such now. I don't think these people mean to do wrong. The people of Manistee are as warm- hearted as any in the world; I think they mean to do right. That they are over zealous is not for me to say. I believe that the jury have done their part faithfully. There is no question about it. Yet there are facts that I know, as I said the other day. I know these facts, and if sworn to by one man, or ten thousand, I know to the contrary. I don't get up here to denounce them, because I know my words have no effect. The jury have passed in a verdictof guilty, and I stand here to receive the sentence. I am, from the result of my position and circumstances, the sufferer of a crime of which I am not guilty; this I cannot help. There are people in this house that will live long after the cold earth will have closed over my clay, and I hope they will learn of my innocence. I want every one to remember these words-that George Vanderpool is an innocent man, and he knows not where there is one dollar of Field's money, or anybody else's that I have not given a strict account of. Before God I swear it. I swear it here before the people and before God. I stand here, and my words have no effect. I go out of the world; my people are bowed into the grave. This world is as bright and sunny to me as to others. These people are persecuting me, and I know not the reason. I have nothing to say to them; they are but human. My life is as sweet to me as theirs is to them; my loved ones are as near and dear to me as theirs are. ] am not the first, nor yet the last, that has suffered unjustly. I have but to live, and I know that I shall die, and we all will. I hope to meet these people at the bar of God, and there it will be decided who is guilty of this crime. I say here again, before God and man, that I am an innocent man. I don't say it thinking people will believe it. I say it because it is Almighty God's truth. Do you think that I have no heart or feeling? Oh, I hope no person in this room or city may suffer what I suffered last night. I have been condemned for smiling. Oh, I have lain for months,-and as the time approached for trial my heart quickened at the thought that I should have justice. As I stepped upon the street I felt that the time was drawing near for my delivery. The prosecution have charged me with being a murderer, a thief, and denounced me as a liar. I had not the power to open my mouth. And I said there is an end to all of this. But now the cloud is darker than ever. All I say is worthless breath, and I will waste no more of it on people that will perhaps forget in a minute. Farewell to all.'
" When he commenced speaking he spoke in a clear, firm, unbroken voice, that betrayed no emotion, but in the latter part of his address his voice quivered and broke, and was overcome by his emotions. It was a solemn and impressive scene, and brought tears to the eyes of many in the large audience.
"It was a sad and pitiful scene, to see one in the very flower of young manhood, surrounded with so many things to make life pre- cious and attractive, thus untimely consigned to a living tomb.
"On Sunday, the 27th, at 11 o'clock, P. M., the sheriff quietly took his prisoner in a two-horse sleigh, accompanied only by a
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neighbor, and started on the last ride the prisoner ever expected to take on this fair earth.
" A hundred miles through forest and field, a hundred miles of weary, mournful passage along the silver sheen of the great lake- and Grand Haven meets the view of this poor victim to his own cupidity and baseness; or, otherwise, to the toils of circumstantial evidence, that seemed to the jury conclusive. At Muskegon and other places he received the greetings and farewells of old friends, many of whom still firmly believed in his innocence. On the cars he wrote to the Grand Rapids Eagle as follows:
" .March 1, 1870.
" 'MR. TURNER, EDITOR OF THE GRAND RAPIDS Eagle :
" I am seated on the cars on my way to Jackson. The hour is near when I am to say farewell to this beautiful world and God's loving sunlight, and shall be entombed in a living tomb. You asked me to-day if I thought I had a fair trial. I don't remember my reply. Will say it may be fair in the eyes of some-but I am not satisfied, as the same assistance was not granted me as was granted the people. They had at their command all the talent of the legal profession, a united and enthusiastic people, and the county treas- urer to pay the bills, while I had not a dollar to bring distant wit- nesses, and people are slow to give aid or evidence in an unpopular cause. With the same aid I cannot but feel that my case would appear far different. I here, too, remember that the jury was taken from that same people; but they have rendered their verdict, and I must abide the law, and say farewell to all that is near and dear- to all that makes life desirable. And branded with a dishonor worse than death, I leave this world in the prime of life, yet an inno- cent man. GEORGE VANDERPOOL."
" The iron doors close, the gloom of the cell, bordering on the gloom of the grave-heaven's sunlight is shut out and dark despair settles around. If guilty, justice has been done; if innocent, God in mercy right the wrong. There, for the present, we must leave George Vanderpool.
"But here the press of the state, and the people generally, were not content to leave him.
" Immediately on the close of the trial his counsel took steps looking to a new trial.
" Soon after a public meeting was called at Muskegon, a com- mittee of sixteen were appointed to raise funds, and an appeal made to the people of the state for material aid to secure attorneys and defray the expenses of a new trial. The press and the people took sides, a part contending that the trial was fair and conclusive, while others thought the evidence unsatisfactory and inconclusive."
The following are the names of the jury obtained from one hundred persons: William Tunwell, Richard N. Doyle, Charles Rockwell, Elisha Richman, Robert Green, Caleb Groat, James Mckay, Phil. J. Conklin, Lucius F. Arner, Henry Arnold, Jr., John W. Allen, Henry A. Austin.
The pamphlet also contains the full report of the trial, the result of which we have quoted.
The result of the efforts in Vanderpool's behalf was that a new trial was granted; venne changed to Kalamazoo County. At the the conclusion of this trial the jury disagreed, and the following year another trial was again had, in Barry County, which resulted in his acquittal.
The accused returned again to the world, but for him it was all changed. Whether in the sight of an all-seeing God he was inno- cent of the great crime charged against him or not, the brand of Cain was upon his forehead, and he went forth a wanderer in the earth. He has since been engaged in various pursuits, and is still among the living.
Miss Hill, the woman who had aided Field with funds, and
whom he called "aunt," purchased a small house on the north side of the river, after the trial, and there she lived entirely alone. She was in some respects an eccentric person. She never married. In personal appearance she was not prepossessing, and it may properly be said that she became the benefactor of Field through a freak of friendship. During the latter part of her life she was a great suf- ferer from neuralgia, and on that account was in the habit of taking morphine freely. One Winter's day Dr. Ellis, in driving past her little home, noticed that the curtains were down, the door step was unswept, and there was no mark of any foot-step in the snow that had recently fallen. His suspicions were aroused, and he stopped to see if there was anything wrong. He found the door fastened, but succeeded in raising a window, and discovered the occupant of the house dead in her bed. In her suffering she had taken a fatal dose of morphine, and sank into that sleep that knows no waking.
THE GREAT FIRE OF 1871. .
The City of Manistee was one of the victims of the great fire period of the month of October, 1871. Its partial destruction was simultaneous with that of Chicago, Holland, Peshtigo, and several other towns. The total loss of property burned in Manistee was about $1,000,000. Immediately after the fire, Gen. B. M. Cutcheon visited Grand Rapids for the purpose of securing relief for the home- less and destitute, and prepared a very accurate and most graphic description of the fire for the columns of the Grand Rapids Eagle, which was widely copied at the time. We copy so much of that article as was purely descriptive of the fire, as follows:
"ORIGIN, PROGRESS AND EXTENT OF THE CONFLAGRATION.
"First, to describe the locus in quo. Manistee Lake is a body of water nearly five miles long, and from one-fourth to three-fourths of a mile wide, lying nearly parallel with, and about a mile to two miles from Lake Michigan. Near the northern extremity it is con- nected with the latter lake by the Manistee River, a large navigable stream, from 75 to 125 yards in width. On the north side of this river, between the two lakes, lay the First Ward of the city, and on the south side of the river, and adjacent to it, divided nearly equally by Maple Street, on which was the swing bridge, lay the Third Ward, next the Manistee Lake, and the Second Ward to the west, next the 'big lake.' To the southeast, bordering on the 'little' lake, was the Fourth Ward. The Third Ward was the most pop- ulous and embraced the greater part of the foreign and poor popu- lation. The Second Ward was the best built part of the town, especially that part between Oak and Maple Streets.
"Within the city limits, and directly south of the space em- braced between the latter-named streets, was a tract of about twenty acres of dead hemlock forest; the trees partly standing and partly lying upon the ground, but the whole as dry as tinder and as com- bustible as gun-powder.
"On the fatal Sunday, October 8, the fire alarm sounded at about 9 A. M., and the fire department hastened with the steamer to the vicinity of Gifford and Ruddock's mills in the Fourth Ward, where an old chopping was burning furiously, and threatening destruction to that part of the town. By the most unwearied efforts, continued all day, the fire was subdued and that part of the town was saved.
"About dark the engine returned to its quarters. It was scarcely housed when the wind, which had been blowing highly all day, rose to a perfect gale.
"At about 2 o'clock P. M., while the fire in the Fourth Ward was raging, an alarm whistle was heard from the east side of Man- istee Lake, and through the thick smoke it was discovered that the
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RES. OF R. G. PETERS,, MANISTEE, Mich.
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