USA > Minnesota > Wright County > History of Wright County, Minnesota > Part 23
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Among the many settlers who came into the county in 1857 was Ilenry A. Wallace, who took a elaim on the southeast quarter of section 2, township 119, range 25. A native of Antrim, N. II., about twenty-eight years old, unmarried, genial, well-educated,
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a gentleman by birth and training, and reputed to be wealthy, he soon became a general favorite. In the spring of 1858 he had already made considerable progress in farming, had built a sub- stantial log house, and had quite a large clearing. At the organi- zation of the town of Rockford he was elected assessor.
About the same time that Wallace settled in the county, Oscar F. Jackson and his wife arrived from Pittsburgh, Pa., located on the southeast quarter of section 3, in the same township, erected a erude house and made a small elearing. At the organization of the town of Rockford he was elected supervisor and justice oľ the peace. Apparently a poor man, he often neglected his own farming in order to earn eash by working for the other pioneers. Ile and A. W. Moore each lived about a mile and a half from the Wallaee place, but no roads had been built to it.
In the early part of August, Wallace started haying in a meadow on the eastern line of his claim. He was assisted by Jackson, who for his services was to receive half the crop. So far as is known, Wallace was never again seen alive by any of the settlers.
On September 8, the pioneers began to wonder as to Wallace's whereabouts, and search was at onee instituted. His body was found in a clamp of bushes in the hay meadow, the head bearing the marks of a severe blow with some blunt instrument. Near by was a drag, such as the settlers often made by nailing eross pieces onto slender poles. The drag was broken, and had evi- dently been used as a means of conveying the body to its plaee of concealment. The settlers buried the dead man and swore vengeance on the murderer of their genial comrade.
Suspicion soon rested on Jackson as the guilty one. This feeling was strengthened by the fact that he had in his posses- sion certain bank notes on the Amoskeag Bank, of Manchester, N. H. At this time, on account of the financial stringency of 1857, most of the settlers were without money, and unable to obtain any. Business was paralyzed, and many banks had sus- pended payment. Few bank notes were in circulation, as wild- cat currency had made the people wary. When a bank note did pass from hand to hand in a small settlement, it could readily be traced to its source. Consequently the whole neighborhood knew that Wallace was the original owner of all the Amoskeag Bank notes in circulation in Wright county. Jackson explained his possession of the notes by saying that he had sold his half of the hay to Wallace. He declared that he had not seen Wallaee since he had been haying with him, and that he knew nothing about the murder.
But the settlers believed him guilty. On September 16, 1858, Guilford D. George went to Monticello, and after relating the settlers' version of the affair, secured a warrant. James R.
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Lawrence, of Minneapolis, prosecuting attorney for the Fourth judicial district, in which district Wright county was included, was not consulted. The warrant was in the handwriting of Edward Ilartley, afterward captain of Company E, Eighth Min- nesota Volunteer Infantry, and was signed September 27, 1858, by Cyrus C. Jenks, justice of the peace. It alleged that Jackson had murdered Wallace with an axe or other deadly weapon, on or about August 27. Jackson was arrested by Sheriff George M. Bertram, September 27, 1858.
The justice court, with Cyrus C. Jenks on the beneh, was held at Rockford. No lawyers being present, Guilford D. George, the complainant, acted for the state, and Thomas R. Riggs, not at that time a member of the bar, made a nominal appearance for the defense. A large number of people was present, and prejudice against the prisoner was intense. Many witnesses were called for the prosecution. Their combined tes- timony was to the effect that in July and August, Jackson had repeatedly said that he had no money and had frequently tried to obtain eredit, that he had later had in his possession several bills issued by the Amoskeag Bank, that he was known to have been haying with Wallace a few days before the body was found, that though he had been frequently with Wallace during the spring and summer he had expressed no curiosity as to Wallace's absence, and that when questioned about the matter he had shown an absolute indifference as to Wallace's fate, and had not joined in the search for him. The evidence for the state having been heard, Jackson presented no testimony in his own defense, but rested on his previous statement that he had received the bills as payment for his share of the hay, that he had been too busy with his work to interest himself in the Wallace matter and that, unlike the others in the locality, he was not in the habit of minding his neighbors' affairs.
At the close of the hearing, Jackson was bound over to await the action of the grand jury. He was taken by Sheriff Bertram to the Ramsey county jail. Two months later he was taken to Fort Ripley, but was subsequently returned to the Ramsey county jail.
In the meantime, Hiram L. Wallace, brother of the murdered man, came from Antrim, N. H., and had the body removed to St. Anthony. Search was made for a missing rifle, gold watch and blanket shawl which the dead man was known to have owned.
While awaiting trial, Jackson exhibited to the authorities a letter which he claimed that his wife had forwarded to him. This letter alleged that the writer was then living on the Mis- souri river, that in August, 1858, he had been traveling through the Big Woods in Wright county, had come upon a man mowing in a meadow, had been moved with cupidity, had murdered him
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with an axe, and had then taken his riffe, watch and money, and made good his escape. His object, he said, in writing the letter was to save an innocent man from hanging. The letter was not presented at the trial, and was consequently not made a matter of judicial investigation.
The district court convened at Monticello, March 27, 1859, with Judge E. O. Hamlin on the bench. The grand jury indieted Jackson of murder in the first degree, and the trial began March 29. James R. Lawrence, district attorney, appeared for the state, while the prisoner was defended by George E. II. Day, of St. Anthony, and Charles King and W. A. Gorman, of St. Panl. When only nine jurors had been selected, the panel was exhausted. A special venire was issued for six jurors and three were accepted. Almost all the veniremen from Rockford and Buffalo were chal- lenged for actual bias. J. W. Mulvey, Samuel Wilder and Will- iam Powell were appointed triers. The jury consisted of John W. Washburn, Calvin Blanchard, Benjamin Bursley, John Zack- man, John Black, John D. Taylor, Miranda R. Swartout, Alvah Cooley, Michael Kinna, John B. Rich, Alonzo T. Boynton and Hiram C. Colbough.
The state had a large number of witnesses. Nearly half of the adult male residents of Rockford were put on the stand, and many from Buffalo, and from Greenwood, in Hennepin county. The defense also had a number of witnesses from Rockford and elsewhere. The able attorneys on both sides worked hard, and the trial was long and exciting. The evidence was a reiteration of that brought out at the justice trial, the state repeating the story of Jackson's poverty, his sudden possession of the Amos- keag Bank bills, his haying with Wallace, and his indifference as to Wallace's fate; while the defense endeavored to sustain Jackson's previous declaration that, while it was true he was a poor man, he had received the bills from Wallace as payment for his half of the hay, and that what the neighbors ealled indif- ferenee was merely an absence of meddlesomeness.
The ease was submitted to the jury at 3 o'elock in the after- noon, on April 2. Judge Hamlin followed the usual judicial procedure of instrueting the jury that if in the minds of the jurors there was any reasonable doubt as to actual guilt, the doubt must be construed in favor of the defendant. During the evening session the jurors asked further instruction on the subject of "reasonable doubt." The judge explained at some length the legal meaning of the term, and again instructed them that they could not convict the prisoner if they found, in reviewing the testimony, a reasonable doubt as to his guilt. The jury again retired and at 9 o'clock on the morning of April 3 brought in a verdiet of "Not guilty." The prisoner was discharged and immediately left the county.
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IIe stayed a while in Stillwater, and, about April 12, went to Minneapolis. The men who had previously worked for his con- viction as a murderer and did not agree with the verdiet of the eourt, were anxious to get him baek to Wright county, where' they could wreak their hate upon him unmolested. Accordingly, through an improperly issued warrant, they had him arrested and brought before a Wright county justice, who had been per- suaded to go to Minneapolis for that purpose, the charge being the lareeny of molasses, flour and money from Wallace's house. But before the plans of the complainants were matured to the point of rushing him back to Wright county, his friends secured a writ of habeas corpus and he was released, the justice who had figured in the case having no jurisdiction or legal authority in Hennepin county.
A few days later Jaekson returned to Wright county of his own volition, with a view to looking after his property. On the night of Wednesday, April 21, he was seen near his elaim, and before morning his house was surrounded by fifteen armed men. Before Thursday night, thirty men were on guard. The siege was continued for several days. In the meantime the rumor spread that Jaekson was prepared to defend himself with fire- arms, so the thirty armed watchers determined to again call to their aid the support of the law. A. W. Moore went to Buffalo and swore out a warrant before Justice Jackson Taylor, charging Jackson with stealing flour and other articles from Wallace's house. Sheriff Bertram, with a posse consisting of Jackson Taylor, James Sturges and Abner Hinman, started for Roekford to serve the warrant. Jackson was found in his home totally unarmed. The sheriff assured him that he would not be harmed, that the posse would protect him, and that he must go to Buffalo. Jackson still manifesting some doubt, the sheriff went outside and had a consultation with the men who had been besieging the cabin. He then reported to Jackson that the mob had all left, that there would be no further trouble, and that all the neighbors desired was that he should leave the county. This Jackson agreed to do, and started for Buffalo in company with the sheriff and the posse. A short distance from the house, the sheriff sent Abner Hinman ahead to give the alarm if there was any prospect of trouble.
Of the tragie events that followed, Farnham onee wrote: "If the mob had promised the sheriff that they would not molest them on the way to Buffalo, or if he had any faith in their prom- ises, why did he send Hinman ahead to look for danger? They had proceeded about sixty rods and were just opposite the Knights house, afterward Roloff's, when Himman shouted, "Look out, they are coming." The sheriff turned to Jackson and said, "Run for your life; save yourself." People have often asked
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why Jackson did not run, as he had at least thirty rods the start, and in a short time would have had the darkness to aid him in eluding his pursuers. But Jackson knew very well the character of the men with whom he had to deal. They were nearly all practiced hunters, good marksmen, skilled by long practice in chasing swift-footed deer, and if he had separated himself from those with him a bullet would probably have ended his life then and there. The sheriff, the posse and Jackson ran into the Knights cabin and elosed the door. In a few minutes the door was broken open and the cabin was filled with armed men. While the sheriff and the posse quietly submitted to being held up by arms the leaders of the mob bound Jackson and led him away to a neighboring house to wait until morning. The sheriff and the posse returned to Buffalo.
So far as is known no effort was made in the hours that followed to assert the majesty of the county in behalf of the man who, having been taken into custody had the strongest of claims on organized society for protection and succor.
All night long a wretched human being crouched in the pres- ence of his eaptors protesting his innocence, all night long the wife sobbed in her cabin, all night long the blood-lust ran like fire in the veins of wild-eyed, frenzied men. Constituted author- ity raised not its hand. The law had received its supreme test, and those who were sworn to support it had failed. All night long messengers went from town to town calling upon those who believed Jackson guilty to meet at Wallace's house in the morning.
Mr. Farnham continues: "On Monday, April 25, 1859, repre- sentatives from at least four townships were wending their way to the Wallaee house. Those who had the prisoner in charge arrived with him about noon. A stiek of timber about twenty feet long and six inches in thickness was put into the gable-end of the house, one end resting on the upper floor, and the other projecting about six feet. A rope was thrown over the end. In the meantime guards were placed around the small elearing to prevent any interference with their purpose. When all was ready, a hangman's noose was placed about Jackson's neck, and the leader said, 'Pull him up; we will make him confess.' After life was nearly extinet the victim was let down and revived. Facing Eternity as he was, Jackson was again asked, 'Are you guilty of the murder of Wallace?' and he answered 'No.' Then he was asked about the watch, the rifle and the blanket, and as before he declared that he knew nothing about them. About this time the stricken wife evaded the guards and rushed into the elearing. She was pinioned, and in a swooning condition was carried toward her home. Jackson was then hauled up again, nearly to the beam, and the leader fastened the end of
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the rope by winding it several times around the projecting log, leaving several feet of slack rope in the hands of his assistants. This work had been hastened by a shot heard a short distance from the elearing, and the leader had shouted, 'The rescuers are coming : pull him up.' Scarcely had Jackson hung a minute from the end of the beam when the order 'Hands off' was given to the men who held the slack. The body of Jackson fell abont five feet, instantly breaking the neck. Then the lynehers fled, leaving the body hanging from the beam.
"On the morning of April 26, Samuel Holdship, a brother of Mrs. Jackson, went to Buffalo to seeure assistance in caring for the body. Ile was sent to Edward F. Tillotson, deputy coroner, then living on the Monticello road near Lake Pulaski. Tillotson summoned a coroner's jury, took down the body and held an inquest. The verdict was that the deceased had come to his death by hanging at the hands of some person or persons unknown to the jury. The body was taken in charge by Mrs. Jackson and the male members of the Holdship family, and taken to Stillwater for burial. The family did not return to the county."
The hanging of Jackson by a mob after he had had an impar- tial trial and been acquitted, created quite a sensation throughout the state, and there was a demand all over the country that the guilty persons should not go unpunished. Lynchings had also taken place in other parts of the state, and the reputation of Minnesota suffered severely throughout the civilized world. Press and publie demanded that this bloody overriding of the law must be stopped.
"All lovers of law and order were anxious that the lynchers should be brought to justice. On May 2, Governor Henry H. Sibley, by proclamation, offered a reward of $500 for the arrest and conviction of the person or persons who participated in the hanging.
"Thus matters rested until July 26, 1859. At this time there was a celebration by the Sons of Malta at Minnehaha Falls, and being a large affair, it was attended by many citizens, among whom was Aymer W. Moore, of Rockford, who was supposed to be one of the lynchers. One of the Holdship family, a brother of Mrs. Jackson, was also there, and when he saw Moore he at onee returned to St. Paul and informed his sister, who went before a notary publie and swore ont a complaint.
"Governor Sibley immediately issued an order on the com- plaint directing Chief of Police Corsely, of St. Paul, or the sheriff of Ramsey county, to arrest Moore and convey him to Wright county and deliver him to the proper authorities. The order also directed Attorney General Berry to proceed to Wright county and proseente the case on behalf of the state. Accord- ingly Moore was taken into custody ; and the sheriff and Moore,
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accompanied by Mrs. Jackson, Holdship, Attorney General Berry and Distriet Attorney J. R. Lawrence, started for Wright county. "Upon reaching Montieello, they sent for Samuel Bennett, a justice of the peace who resided some three miles from the village. By the time the proper complaint could be made before him, and the warrant issued, night had fallen, and the hearing of the ease was postponed until the following day. The prisoner was placed in the custody of Deputy Sheriff Blanchard, and as there was no jail in the county, Blanchard took Moore to his own home to await examination in the morning.
"There were no telegraph lines at that time and no railroads, and the mail from Minneapolis to Rockford arrived but once a week by stage. But in some manner the news of Moore's arrest traveled rapidly, so that in a few hours after he was apprehended at Minnehaha Falls, it was known all over Rockford and Buffalo. Great excitement prevailed, for Moore was believed to be easily frightened, and it was feared that he would expose all those implicated in the lynehing. In the afternoon of the day that Moore was taken to Monticello, about thirty men from Roekford and Buffalo met at a house in the latter town, near the line of the former, and after arranging various disguises, and preparing a large quantity of charcoal and burnt eork for the purpose, started in squads of twos and threes for Monticello by different routes, a point of meeting after dark having previously been agreed upon.
"Just after 9 o'clock that night a rap was heard at the Blanchard home, and upon the door being opened, the house was instantly filled with men with blackened faees. The deputy sheriff was quieted by threats, and Moore was released. A strong guard was left in and about the house for an hour, and then the mob left. The pursuit which the deputy sheriff and eitizens instituted availed nothing."
A report was made to Governor Sibley, who at onee issued the following state paper :
"Proclamation. By the Governor of the State of Minnesota : For the first time in the history of the State it has become the stern and imperative duty of the executive of the State to employ a military force to suppress a combination against the laws in one of the counties in the State. Twee has an armed mob in Wright county outraged publie sentiment, first by the unlawful hanging of Osear F. Jackson after he had an impartial trial and had been acquitted by a jury of that county, and subsequently on the third inst., by reseuing an alleged participant in that crime from the civil authorities. To assert the majesty of the law and to subdue the spirit of ruffianism which has manifested itself by overt aets, prompt measures will be taken.
"I, Henry H. Sibley, Governor of the State of Minnesota, in
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view of the fact that the civil officers of Wright county are per- fectly powerless to enforee and execute the laws, do hereby deelare the said county of Wright in a state of insurrection, and I enjoin upon all the good citizens of that and adjoining counties that they lend their aid to suppress violence and disorder, and solemnly warn the actors in these ontrages in Wright county, that any further attempts on their part to obstruct or resist the course of publie justice will bring inevitable ruin on their own heads, and may be desolation and misery on their families.
"In testimony whereof I have hereunto set my hand and caused the great seal of the State to be affixed this fifth day of August in the year of our Lord one thousand eight hundred and fifty-nine, and of the State the second. By the Governor, Henry H. Sibley. Francis Baassen, Seeretary of State."
"With the execution of justice seemingly in the hands of a mob, with the civil authorities apparently powerless to prevent gangs of armed men from lynehing acquitted citizens and then delivering arrested alleged lynchers from custody, a display of the state's foree seemed necessary for the preservation of life, decency and order. The regular eivil officers of Wright county declared that they could neither curb nor punish these illegal acts. Governor Sibley saw that he must eradicate this defiant lawlessness or merit the censure of civilization for an abject surrender of the rights and protection of the people to a few rebellious citizens.
"He at once ordered the uniformed and equipped militia of the state under arms, and on August 5 dispatched three com- panies to Montieello, to arrest the rioters and enforce the law. The Pioneer Guards of St. Paul, under command of Captain Western, started for Wright county by way of Anoka. The St. Paul papers of that day speak in great praise of Captain Western and his men and of the alaerity with which they got under way and started for the seene of the outrages. The guards numbered forty-two men, rank and file, and were dressed in regulation army uniforms and armed with United States muskets. Each soldier also earried a revolver. The trip was made in large army wagons furnished by the quartermaster general. The next day, August 6, the Stillwater Guards, consisting of forty-five men under Captain boomis, and furnished with the same equipment as the Pioneer Guards, also started out in army wagons. The same day, the City Guards, of St. Paul, under Captain O'Gorman, also started out in wagons. They were armed like the others, but in place of the regulation uniform wore a costume of black trousers and blue flannel shirts. A St. Paul paper of that date says, 'They were a hardy set of boys and went off in high spirits.' The three com- panies were under the command of Lieutenant Colonel John S. Prince. With them were Colonel Francis Baassen, aeting adju-
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tant general, and his assistants, Messrs. Simpson and Hunt. The adjutant general issued orders that there should be held in readi- ness : Company D, 25th Regiment, Captain Crooks; Company A, 13th Regiment, Captain French; Company C, 25th Regiment, Captain Shaw ; Light Cavalry, 25th Regiment, Captain Starkey.
"Such preparations were sanetioned by publie sentiment, and the newspapers and people were back of it. The newspapers said : 'Crush out the rebellion at once, wipe out these outrages to law and order, even if Wright county has to be wiped out.' The ' Minnesotian,' which afterward strongly eensured Governor Sibley for the expense of this trip, was one of the most bitter in its demmeiations of the outrages, found fault with the governor for not offering a larger reward, and insisted that the rioters must be brought to justice regardless of who or what stood in the way.
"While the military forces went up the river route, a police foree of about thirty-five men under command of Chief of Police Corsley, of St. Paul, was sent out by way of Rockford. They eamped near Rockford one night, but did not make any arrests at that time. The rioters had again become ordinary citizens, and stealthily watched the police force from places of eoneeal- ment. From Roekford the force went to Monticello by way of Buffalo. Twenty-three persons, mostly residents of Buffalo and Rockford, were taken into custody by the police and special constables. The militia made no arrests but their presenee had a salutary moral foree.
"Meantime the lynehers and reseuers were seattered all over the county, especially in the timbered portions. One spent a week under a haystack, another was hid in a cornfield, another in a tamaraek swamp, another in the eellar of a deserted eabin, and others took refuge on an island in Lake Beebee, in the southwest part of Frankfort, where their friends fed and guarded them. The excitement had died out, the guilty ones were thoroughly frightened and remorseful, and all began to realize for the first time that their hands were wet with the blood of a fellow being, and their reputations forever blasted among all good people by their defiance of the law.
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