USA > Missouri > Nodaway County > The history of Nodaway county, Missouri, containing a history of the county, its cities, towns, etc., biographical sketches of its citizens > Part 40
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tory, near the Colorado line, on Crow Creek, and on the main road from Cheyenne to the coal diggings and pineries of the Black Hills, in Colo- rado Territory. I was then attending to the bar, at Little Jack's Ranche. I there met John T. Callicutt on the 29th day of December, 1867. I know it was on that day, because it was on the day before last Christmas. He came to the ranche from the direction of Denver City, Colorado. He came about ten o'clock in the morning and remained until about half past one, in the afternoon of the same day. While he was there, I gave him three or four drinks at the bar. We had a long talk about old times and acquaintances. During the conversation, I called him John Callicutt. While he was there, we ate dinner together, and I made a great many inquiries of him, in reference to mutual acquaintances in Page County, Iowa, and particularly about my father's family, and my relatives with whom he was acquainted. When he came to the ranche, he was traveling on a mule, and appeared well dressed. I observed him have twenty dollars. He was about twenty years old. I am positive he was John T. Callicutt.
Henry A. Huston's deposition : I am a printer by occupation, and reside in Hawleyville, Iowa. I was intimately acquainted with John T. Callicutt. I last saw him on the 17th of August, 1866, in my store in Hawleyville. About four weeks after defendant and Callicutt went for the apples, I went to St. Joseph. On the way I passed Savannah, and near the old Nebraska Hotel, my companion called my attention to a person. I checked up the horses, and observing the person alluded to, thought to myself it was John T. Callicott. Knowing the trouble about his absence, I felt some interest in identifying him. I began to get out of the wagon, but before I had done so, the person commenced walking rapidly away, and passing between two buildings on the north side of the square, disappeared. My companion in the wagon was Dinc- baugh, but I have forgotten the last name. The person supposed to be John T. Callicutt was standing, when I first saw him, on the porch of the hotel. It was after sundown when I saw him. I am not positive it was John T. Callicutt ; but, to the best of my belief, it was he. After- ward, a conviction was gradually induced in my mind, by the talk about his death, and the circumstances connected with defendant's return, that I was mistaken.
Daniel G. Goodman's deposition : I live in Hawleyville, Iowa. I saw John T. Callicutt in August, 1866. After that time I saw a man I thought to be he, about a mile below Savannah, Missouri. I was about one hundred yards distant from him when I saw him. It was about noon. Then, there were three wagons standing near the roadside. I drove up to within fifty yards of them. There were several other persons with him. They were all seated around the tail-gate of the wagon, which they were using as a table, and were eating their dinner. My
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two little brothers were sitting on the rear end of my wagon. I spoke to them and said, "What is that ?" They spoke and said, " It is John Callicutt." I then drove up within twenty-five yards of them and shouted : "Hallo! John Callicutt." He then jumped up, ran behind the wagon close to the rear wheel, and began dancing. I then drove on, but kept watching him till I had gone about one hundred yards. He then went and sat down at the table again. I thought he did not want meto see him. I felt certain at the time that the person was John T. Calli- cutt. Nothing has since changed my opinion, except the reports of his death.
James B. Goodman : I reside in Hawleyville, Iowa, and am twelve years old. I was with Daniel R. Goodman, my uncle, and William Goodman, when we saw a person about a mile from Savannah, whom we thought to be John T. Callicutt. We approached within fifty or seventy- five yards of them (three men) and Uncle Daniel asked us who one of them was? We told him we thought one of them was John T. Callicutt. Presently that one jumped up and ran behind the wagon. I think before he ran behind the wagon, uncle shouted to him: "Halloo! John Calli- cutt." The party addressed then commenced dancing and kept looking at us over the wheel. We were within thirty-five yards of him. From his size and manner of acting, I thought it was John T. Callicutt.
William Goodman, a lad fourteen years of age, who was with Daniel B. Goodman and James E. Goodman, testified in his deposition to the same facts as his brother, James E. Goodman.
Mary E. Spalding's deposition : I live in Hawleyville, Iowa, and was acquainted with John T. Callicutt. About the 15th of August, 1866, I think it was on the day before he went away with Solomon McAlpin, I had a conversation with him at our house. He came there and said he was troubled. I asked him on what account. He said he was going away to be absent three years; that he was going to make money, and did not care a d-n how he made it; that he did not intend his mother to be fretting after him any longer; that he was a poor, worthless cuss, and nobody seemed to care for him ; and that perhaps if he would go off and return with plenty of money he might be respected.
Sarah McAlpin, sworn : The defendant is my son. It was some time in the fall-I do not remember the year-defendant and John Callicutt went for the apples. It was between sundown and dark when they started. My son, Robert, the defendant, and John T. Callicutt were in the wagon together, and when they went John T. Callicutt left at our house his cloth gaiters and a black jockey hat, but nothing more. He directed that the gaiters and hat should be sent to his mother. He wore away a pair of boots that belonged to the defendant. The boots were of common, coarse leather; the tops were of one piece. The boots had been placed in his bed room, and when I came home at night I exam-
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ined them. They had been greased. I asked the defendant why he had greased them, and he replied because he had sold them to John T. Calli- cutt. Defendant returned from his trip for apples on Monday about 4 o'clock in the afternoon. I saw some blood on the wagon cover, but none on the blankets. Defendant told me they killed a pig and threw it on the wagon sheet. The blankets were left out that night after his return, and it rained on them. Mr. Painter, at the request of the Calli- cutts, took the blankets, the hats and the shoes on Wednesday morning after the defendant had returned. John T. Callicutt, when he left, had a goods box for a mess box. Old Mr. Callicutt called my attention to the box, and the name, John Randolph, upon it. About three months before they went for the apples John T. Callicuct left a letter at our house for his father, and then went to St. Joseph, where he remained about a week. I went part way with Mr. Kelley to the funeral in Peoria. When we started we passed Callicutt's. John was sitting on the fence. I told him not to go for the apples until I returned. He said he thought he would not go until I returned, as William R. Callicutt had to collect some money for him. On Thursday, after defendant returned, Dr. Saddler and Mr. Buckingham came for him to our house. I knew of no difficulty existing between John T. Callicutt and defendant at the time they went for the apples. The latter was often at our house, visiting the defend- ant. Defendant, when he left, wore a soldier's blouse with one button. The button was a large black one, which I had taken off of his father's coat, and sewed on the blouse just before he left. On this account I am positive as to the appearance of the button. It was stamped with flow- ers. Defendant brought home a blouse, but not that one ; he said he had exchanged with John T. Callicutt. The wagon sheet hung on the front fence for several days, and the blood on it any one passing could have seen.
Cross-examined : It was on Friday we started to Peoria. I only went to Quincy. I came back on Saturday, and the boys started on that day, between sundown and dark, for the apples. Defendant had worn for about one month the boots which he sold to John T. Callicutt. I do not know what kind of a hat Callicutt wore when he left, but defendant wore a woolen one. Callicutt wore away a white linen coat, but I did not see him have a blouse. Callicutt did not have much money when he went away. Defendant had two dollars and a-half, which he had received of Callicutt for the boots. Defendant told me that Calli- cutt informed him on Sunday night after they left, that he did not intend to buy apples ; that he was going to the plains, and come back when he got money, but that he might never come back. They went two miles that night, and on Sunday to Ulmer's Bridge. There they parted on Monday, about ten o'clock in the forenoon. Defendant is twenty-three years old, and enlisted in the army in 1862 or 1863.
26
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James McAlpin sworn : I am the brother of the defendant. I know when he and John T. Callicutt started for the apples. It was on Sunday, but the month and year I have forgotten. John Callicutt bought a pair of boots from brother Solomon. They were coarse, heavy boots ; he left at our house, when he went away, a pair of old gaiters and an old jockey hat. The tops of the boots were all of one piece. I saw him have the boots on Saturday, the day before he left. He put them on. About two or three weeks after they had gone for the apples, my brother and I went down into Missouri, and our horses got lost, two or three miles south of Mr. Deck's.
Dr. Mulholland called for the defense : There are from four to five cusps on the first and the second molar tooth. When there are three cusps on the outer edge of the face, there are generally two on the inner edge. After a tooth has been extracted the cavity left in the jawbone by its roots will generally close up and disappear by absorption, in from three to five months. The rule in respect to the chin bone is, that the angles on each side in front, just below the eye-tooth, are equally promi- nent on each side. There is a very marked protuberance of the bone on the right chinbone of this skeleton. Perhaps not more than one person in every hundred has such a one. I have examined about two dozen skeleton, but never observed such a protuberance on any of them. The cavity in this lower jawbone, where the first molar tooth has been extracted, is almost entirely closed.
William Hurst, sworn : I now live in Andrew County. Was with John T. Callicutt three years in the army, and know him well. I cannot state positively that I saw him about September 1, 1866. On that date I was going from Andrew County to Iowa, horseback, and about nine or ten miles below Maryville I crossed a slough, and passed two men in a spring wagon, at the distance of thirty or forty yards. One of the men called out to me, "How are you, Bill Hurst ?" It was my impression at the time that the person who thus addressed me was John T. Callicut. After passing me, he turned his head and looked back at me. When I reached Iowa I learned of his disappearance, and being asked if I had seen him, I made the above statements.
Cross-examined : Callicutt's hair was of a darkish brown, (the hair found with the skeleton was of a lightish brown-the color might have faded by exposure.) It was about the color of Col. Hepburn's hair.
VERDICT.
The jury retired at eleven o'clock on Friday night, and at noon on Saturday returned their verdict, finding the defendant "guilty of mur- der in the second degree," and fixing his punishment in the penitentiary for ten years. In the afternoon, the defendant was arraigned to receive
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his sentence. He seemed stupefied, and shook his head when asked if he had anything to say.
The court then proceeded to pass sentence on him, in substance, as follows :
THE SENTENCE.
Solomon McAlpin, it now becomes the painful duty of the court to pass upon you the sentence of the law. Twelve men, selected alike for their honesty and unbiased purpose, acting moreover under the solem- nity of their oaths, have sat with patience throughout your protracted trial, and heard the testimony for and against you. They have found you guilty of murder in the second degree, and fixed the period of your imprisonment in the penitentiary. Whether you are guilty of the heinous crime charged against you, can be known beyond the possibility of a doubt only to yourself and to the Searcher of all hearts. Let me say to you there is no human sin, however dark, that may not be par- doned, and if you have, indeed, imbrued your hands in the innocent blood of your fellow-being and your friend, though you may choose that the secret of that crime shall forever rankle unrevealed in your own heart, yet I trust you may find repentance, and in God's mercy be for- given.
Your father and mother, and your young wife, all bound to you by the strongest chords of affection, having followed you here to stand by you in this last desperate crisis of your fortunes, have thus becanie, unwillingly, the painful witnesses of this final spectacle of your infamy.
It is the sentence of this court, that the sheriff re-conduct you to the prison whence you came, that he thence take you under safe conduct and deliver you to the warden of the penitentiary of this state, and that you be confined therein, at hard labor for the period of ten years.
By a recent merciful provision of the law, if you continue exem- plary in your deportment while there and render perfect obedience to all the rules of the prison, when you have served out three-fourths of the period for which you have been sentenced, the warden may recommend you to the governor who is empowered to discharge you for the remain- der of your term. You can gain nothing there by obstinacy or disobe- dience. Guard well, then, your conduct, and keep this advice in remem- brance.
TANSEY TRAGEDY.
" All murders past, do stand excused in this,- And this so sole, and so unmatchable, Shall prove a deadly bloodshed but a jest, Exampled by this heinous spectacle."
One of the most diabolical murders known to the annals of this state, was committed in this county near Burr Oak Grove, about the 18th day of August, 1872.
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On the 20th day of August of that year, as James Griffey was pass- ing a mover's wagon on Clear Creek, some four miles southeast of the town of Clearmont, in Atchison Township, his attention was attracted to the wagon by a peculiar and disagreeable odor which was emitted therefrom. He discovered that the wagon had been recently left, by some one, and concluded to examine it and discover, if possible, the cause of the terrible stench. On lifting the cover of the wagon, he beheld the decomposing bodies of five human beings ; two men, one woman, and two small children.
Shocked, as he was, by this terrible discovery, Mr. Griffey knew that the person lately in charge of the wagon, and who had left it stand- ing where he had found it, must necessarily know something concerning the dead bodies, and being apprehensive that such person had attempted to abandon the wagon with its contents, and effect an escape, he at once aroused the neighborhood and informed the people that a myste- rious crime had been committed in their midst, and that search should immediately be instituted to discover, it possible, the perpetrator.
Parties started to the town of Clearmont, where it was supposed the party lately in charge of the wagon might be found. On their arri- val at that place, it was ascertained that a stranger had been there having a neckyoke repaired ; that this stranger was at the time some- what intoxicated, and that he might still be found in the town. The stranger was soon pointed out to those in search, and was immediately taken into their custody.
The news of the awful discovery spread from one to another, until the entire population of Clearmont looked and wondered. Business was for the time suspended ; hasty inquiries were made on all sides. Citi- zens might have been seen hurrying about hither and thither to learn the details of the startling transaction. The frightened housewife looked in vain into the excited face of her husband to decipher there what had happened. Household duties were forgotten. The windows and doors of that little village were filled with women and children, while from many a threshold the anxious inquiry went forth -" What does this all mean ?"
Quite a number of citizens repaired with the prisoner to the place where Mr. Griffey had found the wagon. The prisoner refused to dis- close anything upon the subject. On the way from Clearmont, many questions were put to him, but he refused to answer or talk about the persons found in the wagon. When the party reached the spot where the wagon stood, they began to look about the grounds surrounding it. There they discovered that the prisoner had broken his neck-yoke while attempting to cross a ravine. By the side of the wagon lay an ax with which he had tried to mend it. While thus looking about, the prisoner sprang to get the ax, which lay within a few steps of him, but was pre-
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vented by the timely action of one of his guards. This maneuver upon his part broke the spell.
A coroner's inquest was held, after which the bodies were removed from the wagon and buried.
The enraged citizens now determined to extort from their sullen prisoner. some intelligence concerning the bodies found in his wagon. A few had favored burying him with the unfortunate ones found in his possession ; but it was suggested that all hope of getting a statement from him was not exhausted, and the better counsel for the time pre- vailed.
After the last sad rites had been performed for the dead strangers. and the day was drawing to a close-a day during which the blood of the angered citizens had been greatly excited-a party of men might have been seen on Clear Creek adjusting a rope over a limb of one of the forest trees which skirt its margin.
The prisoner was a witness of that proceeding. When the rope was properly adjusted, the noose prepared, the prisoner was told to prepare for the worst ; that if he had anything to say about the dead people found in his wagon, he would have an attentive audience. He still obsti- nately refused to answer any questions, or to reveal what, if anything, he knew concerning their death. He was then told to step under the limb, the noose was placed about his neck, his arms were pinioned, and, without further ceremony, his body was suspended in mid-air until his life was almost extinct. He was then lowered to the ground and allowed to revive sufficiently to talk, when a few leading questions were put to him concerning the dead parties. He again refused to divulge anything. The rope was again adjusted, and his body suspended. This process was continued with solemnity and severity, until the prisoner signified his willingness to tell what he knew about the matter.
The rope swung loosely from the limb, all parties drew near, and he was told to proceed with his statement.
The prisoner said that his name was Osburn ; that the parties found in his wagon were Ormes, his wife, and their two little children, and a man by the name of Daniel Dickerson. He stated that all of these par- ties had been killed several days prior at Holton, in the State of Kansas, by a man named Joseph Williams ; that the cause of the murder grew out of a love affair between Williams and Mrs. Ormes. He stated that Williams had followed the family from the State of Minnesota to Kan- sas with the avowed purpose of killing them ; that after he had mur- dered them, he had employed him, Osburn, to put them out of the way, and had paid him the sum of seven hundred dollars to do so. He said that he left Holton, Kansas, with the dead bodies, intending to throw them into the Missouri River, but was unable to reach a point on the river where he could do so unobserved ; that he crossed the Missouri
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River at White Cloud ferry, traveled through Holt County, and pene- trated this county to the point found without finding an opportunity to unload them without being detected. He said that he had supplied himself with whisky at Quitman, and, to kill his remorse and deaden his sensibilities, had drank freely since he left that place, and had thrown the money he received of Williams away by the roadside, between Quit- man and the place where the wagon was found.
This story appeared unreasonable. The prisoner was suspended once more by the neck until his life was almost gone. When he recov- ered he repeated substantially the same story as first narrated.
A consultation was held by the parties in charge of the prisoner, in which it was decided that there might be some truth in what he had told them, in which case it was highly important to effect the arrest of Joseph Williams before the news of the discovery reached him at Holton, Kansas, where it was presumed he was. To add to the precau- tion in this respect it was decided to keep from the public, so far as possible, what the prisoner had told them. Several persons were started on the back track, said to have been traveled by the prisoner, to discover the truth or falsity of his statements. The sheriff of the county was notified to go to Kansas in search of Joseph Williams, while, in the meantime, certain persons were delegated to take charge of the pris- oner and await developments.
Many difficulties surrounded those who were left in charge of the prisoner. The whole country for miles around was wild with excite- ment. It would not do to take the prisoner to Clearmont, or even to one of the dwelling houses in the neighborhood, on account of threat- ened violence to his person and life. It was imprudent to tell a curious and excited public all the facts they had learned from the prisoner ; his statement might be disbelieved, and only tend to heighten the great danger of his immediate execution. So it was determined to take the prisoner into the heavy timber just east of the Nodaway River, and there conceal him until the truth or falsity of his statement had been ascertained.
Accordingly, the prisoner was concealed in the Nodaway River bottom, the greater part of two nights and one day, awaiting the return of those who were following his trail. The prisoner was closely guarded, and was frequently moved from one bend in the river to another through the underbrush, to avoid the threatened violence of the people.
This action, commendable as it was upon the part of those in charge of the prisoner, had a tendency to increase the excitement of the people. The news of the murder had traversed the country in every direction, and hundreds of people flocked to the scene of excitement. Strange rumors were circulated among the throng concerning the action of the guards. It was openly asserted by some that the prisoner was a
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Mason, and that the Free Masons were endeavoring to conceal him and shield him from deserved punishment.
As ridiculous as such an assertion may seem, there were those who breathed the breath of life and were said to walk in the image of their maker, who actually believed such assertions were true.
As time rapidly passed the prisoner began to grow apprehensive, and on the morning of the second day of his confinement made known the falsity of his first statement to his guards. He then acknowledged to those immediately in charge of him his guilt, and stated that his only reason for making the first statement was to obtain time. He was con- scious that the truth would be discovered, and seemed to dread the return of the parties from Kansas, who were hourly expected. He desired to be taken to some private place, where, sheltered from the fate which now seemed inevitable, he might write out his full confession.
The guard then took the prisoner to the dwelling of William S. Lamme, where, in an upstair room, he spent the forenoon in writing the details of his dark crime.
What a pitiful sight ! and how pitiable his condition ! He had sown the wind and must reap the whirlwind. The storm was gathering thick and fast about him, and must soon break forth with terrible fury over his head.
By noon three or four hundred men from far and near had gathered around the dwelling which shut out from view the cool, calculating man- slayer. The party had returned from the search upon the prisoner's trail. They spoke forth the falsity of his first statement to the public. At Burr Oak Grove, some six or seven miles southwest of Quitman, they had discovered the camp where the two men, the woman and little children had yielded up their lives to satiate the thirst for blood of the imprisoned demon. Their statements sent a thrill through that swaying mass of people. Not a few were the curses breathed forth and threats of immediate and dire vengeance upon the prisoner were heard upon all sides. Minutes seemed hours. To those who had been mislead by the falsehoods of the prisoner, his promised written confession seemed valueless. Calls were made for the murderer to come out and state in the presence of the people what he had to say. The prisoner was lead out on the front portico of the dwelling, and there, surrounded by some of the most resolute citizens to prevent his being killed, then and there, in plain, measured tones, he told the multitude how he, alone, had mur- dered the five human beings found in his wagon. He there gave his name as Alexander Worth Tansey. He stated that he had a wife and mother-in-law living near Mount Ayr, Ringgold County, Iowa ; that he had been in Kansas, and there fell in company with the murdered family ; that he was traveling with them to his home in Iowa. He said he was out of money, and while in camp at Burr Oak Grove the thought
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