Clayton
Co. Justice & Court Proceedings
... as reported in
the 1878 newspapers
~compiled & transcribed by Reid R. Johnson for Clayton Co. IAGenWeb
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August Becher was arrested on Tuesday by Constable Moran, on a charge of stealing a silver ring from A. B. Moreland's jewelry store. The ring was found in his possession. He was brought before Justice Regan and plead guilty, on which he received a sentence of thirty days to the county jail at hard labor.
Elkader Register, Thur., January 17, 1878
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Friday Morning was devoted by Judge Noble to the sentence of the criminals convicted during the term.
The first convicted criminal brought in was Henry Gilmore, charged with breaking open a store in North McGregor. Judge Murdock spoke for the prisoner, entering the plea of his being an accessory only, and asking the court to consider him in the light of one led astray. Judge Nobel, in passing sentence, reviewed the case to some extent, rendering judgement that the prisoner be confined in the Anamosa penitentiary for two years. Gilmore is 24 years old; 5 feet, seven inches high, with black hair and eyes. He is a native of Massachusetts. He says he is very well satisfied with his sentence; considers that he got off with a year or two less than expected.
R. K. Ross, the next prisoner arraigned, was the principal in the North McGregor robbery. Mr. Hatch, his attorney, made a protest in behalf of the prisoner, saying that he thought it injudicious and unwise to discriminate between Gilmore and Ross. The court in passing sentence thought the prisoner had been ably defended and had fair trial before an able jury; that the prisoner's countenance and general appearance denoted that there was no excuse for the crime committed. The prisoner's appearance and the known ability he possessed stamped him as a man to shrewd to be led astray by others, or enticed into anything criminal against his will. His sentence was four years. His case, will, however, be reviewed by the supreme court. Ross was born in Virginia; is five feet nine inches high; light hair; 28 years old. He has an intelligent countenance. He thinks he has much more of a dose than his crime warrants, and is in hopes of getting back for a new trial.
James Brown, the third prisoner, broke into the house of John Cloutier, in McGregor. In passing sentence the judge said his case was a peculiar one, and he would like to hear what the prisoner had to say in explanation of his conduct. Brown said he was under the influence of liquor on the night in question, and when he used liquor he lost all control of himself; said he had no recollections of being in the house that night; liquor had got him into the trouble. The court said it was evident that the prisoner was not an adept as a robber or highwayman, and reviewed the evidence at some length, concluding with an effecting appeal to the young man that this instance of wrong doing under the influence of liquor ought to be a warning which would be lasting in effect. In consideration of the surroundings in his case the sentence was made for six months, giving him ample time to reform and return to enter the next harvest a better man. Brown was born in Suffolk county, New York; is 34 years old; 5 feet, 8 inches high, with light hair. His appearance denotes a man of considerable intelligence; but old King Alcohol got him into the first offence against the law.
The fourth prisoner for sentence was Frank Schoultz, who was born in New York state, and is 23 years of age; 5 feet 9 inches high. He is a cunning shrewd criminal; not at all displaced in appearance before the court. He has been there before; indeed, he was Judge Noble's first prisoner to the penitentiary and then sentenced to the legislature, which sentence was modified for prudential reasons, the penitentiary being the most fitting place for the prisoner. He was now up for breaking into a school house and stealing a few school books. The court said if he had stole something of use to him, either clothing or something to eat, there might be some excuse in his theft, but to steal school books, it looked and appeared as though the deed was done through pure cussedness; pure meanness. In passing sentence the court had forgotten his former imprisonment, and hence he had made up his sentence without the knowledge of the past; if, however, this sentence did not have the effect designed, and, he came before the court again, he would be lucky if he did not get a sentence for life. His sentence for this offense is two years, and he is apparently well satisfied with dose number two; thinks he got off with a comparatively light sentence.
Emanuel Jarrett was the 5th prisoner up for sentence. He bears the impress of a pretty hard case. He was convicted on a charge of seduction. Mr. Hatch appealed for him on the ground that the girl was possibly not without fault. Judge Murdock for the prosecution thought that Jarrett had no equal; that he was a very bad man. The remarks from the court were of a character that should have weight with the prisoner. He got two years and proposes an appeal from that sentence. Jarrett was born in Jackson county, Iowa; is 5 feet, 8 inches high, and 25 years of age. He evidently felt the force of his sentence, and would rather not don the stripes. He has a wife and four children living in Dubuque.
Frank Scholes was the 6th prisoner at the bar. He was convicted of stealing a watch and some money. He was born in Alleghaney county, Penn., and is 24 years old; 5 foot, 10 1/2 inches high, and tips the scales at 180 pounds. He is firm in the opinion that he has been made the scape-goat for the crime; he believes that another party is guilty of the theft and the stolen property put in his possession through a trick which he is unable to solve. He is intelligent, smart looking, and his actions since his arrest denote the very best qualities of manhood. We are inclined to share in the belief that he was somewhat blameless; and we would not be surprised if it yet came out that he was innocent of the transaction. The court gave him a sentence of three years, but took off one year at the request of the prosecuting counsel. There is room for doubts in this case.
Wm. Kisbach, aged 14 years; born in Clayton Center, in this county; 5 feet high; tips the scales at 103 pounds; light hair; light complexion. Convicted on the charge of committing a rape. He was sentenced to the Reform School with the admonition to behave himself, which, if he did, might have a bearing in the length of time the authorities would retain him in custody.
Gilmore, Scholes, Jarett, Ross, Brown and Schoultz, were, on Monday, furnished with shackles, duly riveted, and conveyed to the Anamosa penitentiary, in charge of Sheriff Benton, accompanied by James Corlett, as assistant. Each of these prisoners will have time to reflect on the misery they have caused others and the disgrace they have brought upon themselves. It is to be hoped a fair portion of the crew will come out better men, capable of atoning in some measure for the crimes committed.
Elmer Benton took charge of the candidate for the Reform School. Elmer gave his prisoner the honor of wearing a light pair of ankle ornaments, rather lighter than those worn by the gang under the charge of his father. He thought he could command that 103 pounds of human ugliness with the greatest ease, and he did it.
~Elkader Register, Thur., January 31, 1878
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Charles Benning is the name of the young man sent up to the Benton mansion on Tuesday, from, McGregor, for breaking into the high school building and purloining books, pencils, etc. - His partner in the same escaped. Benning pleads guilty, and awaits the September term of court for further action on his case. The Prairie du Chien (Wis.) authorities want Benning for a like offence on their school house.
~Elkader Register, Thur., February 7, 1878
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An Old Settler Skips Out after Fleecing His Friends of $8,000
Frank Behnke is the name of a farmer who has resided in Farmersburg township for the last seventeen years. He was supposed to be pretty well fixed and up to within a few days had enjoyed the confidence and respect of the community. His farm, consisting of about 120 acres, is located near Wm. Koss'. Of late, suspicious actions on his part made it apparent that all was not as it should be, though no one seemed desirous of an investigation. But the denouncement came on Friday last when it became known that Behnke had left for parts unknown.
His case is stated as follows:
While he operated his farm in a profitable manner, it turns out that he borrowed largely of neighbors and friends, and must have gathered a considerable sum for his destined trip to other lands. His farm is covered with two mortgages, one for $500 to A. Pearsall, of McGregor, and one to John Lent for $1,000. Besides these two there are notes given for $700 more which are so arranged as to come in on third preference of claims. These notes are signed by August Buck as security. A laborer who has been in his employ, Fred Voss, is out $500 loaned to Behnke in installments. It is his hard earnings and the loss comes to him particularly hard. Another laborer, in the employ of Behnke, is also out $100, which is a dead loss. The personal property on the farm is mortgaged to Charles Wedemeyer, who is security on several additional notes given by Behnke to parties from whom he borrowed money at different times. From all accounts it seems that Behnke borrowed money, not only on every piece of property he owned, but secured means through the signatures of friends and individual paper, which is now worthless, or so considered. He made debts wherever he could, borrowed of whomsoever would lend, fully testing the confidence of friends, hoarding up the ill-gotten gains until Friday, when he departed for other lands, deserting his wife and four children.
The case is one of misplaced confidence, and with Behnke's sudden departure financial distress is entailed upon many who had thought better of the man. Behnke has secured through this mode of procedure about $8,000 in money. His farm is unpaid for; in fact he didn't pay for anything; he took his friends and neighbors; deserted his family and is now a wanderer, running away to escape the consequence of dishonorable acts. Possibly he may be caught; those who have been fleeced would be particularly delighted to meet him just now. Undoubtedly he would get a warm reception, topped off with a few years in one of Iowa's popular institutions.
~Elkader Register, Thur., February 14, 1878
(Transcriber's note: No resolution to this case could be found in the Elkader Register thru Dec. 1879.)
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On Monday Hugh Swift, who has been at work in Reed township for several years past, was arrested on the charge of forgery. It appears that Swift came into town and procured a blank note and filled it out for the sum of $25, payable to himself, and signed the name of John Lynch, a well-to-do farmer, residing in Reed township, and for whom Swift had been at work the past summer. With his note he went to Volt Boller, druggist, and negotiated for goods. Something transpired by which the trick was discovered, and the offender arrested. He is now in the county jail, bound over to appear at the September term of the district court.
(Transcriber's note: No resolution to this case could be found in the Elkader Register thru Dec. 1879. See the entry of 20 June 1878, below.)
On Friday night, about ten o'clock, Andy and Thomas Loony got up a little excitement which drew together a considerable number of citizens, who found ere the fracas was through that it was safe to scatter and not be an eye witness to deliberate murder. Andy and Tom yanked their coats and pitched into each other, squaring off in Benecia Boy style, but both being somewhat under the influence of cheap benzene did not come up to the scratch at each successive round in a style creditable to prize fighters. Now they would roll in the mud, then get up and dance around like a Banta rooster with his head cut off. This kind of skirmishing lasted for some little time, attracting the attention of quite a number of citizens who were on their way home. Finally Andy drew a revolver and commenced a promiscuous shooting,, seeming not to care who he hit, or the result that might follow from his reckless management of the six shooter. Fortunately no one was hit, though the balls came uncomfortably near. At this stage of the fracas a few citizens turned in to arrest the scamps. Andy lit out, up the noble Turkey, stopping over night three miles out on the West Union road. Thomas concluded it best for him to give himself up, so he took lodging in the county jail. The next morning Andy came in and surrendered, when the two were taken before Justice Skinner, and pleading guilty, were fined respectively: Andy $20 and $7.80 costs; Thomas $5 and $2 costs, making $34.80 the Grand Meadow boys contributed for their foolishness before the Elkader public.
~Elkader Register, Thur., February 21, 1878
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John Isch, who, it will be remembered we made note of as under arrest for violation of the internal revenue law, has had his trial before the U.S. District Court at Dubuque. Verdict, fine $100. and 30 days imprisonment in the county jail.
~Elkader Register, Thur., April 25, 1878
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Frank Brown is the name of the new boarder at the county jail, sent up for thirty days from McGregor for misdemeanors unbecoming a good citizen. Gottlieb Goodyear is sent over from Fayette county for three days confinement on assault and battery.
~Elkader Register, Thur., June 6, 1878
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The last seven days have been quite exciting in and around our little city. Officer Hopkins, of Dubuque came and took Hugh Pugh out of our midst under a charge of manufacturing and selling tobacco, taking him to Dubuque. $1,000 bail asked. At the same time his son, W. Pugh, was arrested and brought before Esquire Newman at this place for stealing money out of Mr. Voss' store at Mederville. Trial held on the 14th, resulting in Mr. Pugh being sent to jail under a fine of $10. Constable Hayes lodged him safely in the county boarding house.
~Elkader Register, Thur., June 20, 1878
(Transcriber's note: No resolution to the tobacco charge against Hugh Pugh could be found in the Elkader Register thru Dec. 1879.)
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J. W. Blake in the name of an individual arrested in this place on the 4th for carrying concealed weapons, and lodged in jail for three days rations. Before his time expired the sheriff of Winneshiek (county) called for him on a warrant charging him with stealing a harness, and took him to Decorah, where he is now confined bound over for a hearing before the district court. The harness he sold to Sergeant Bros. of this place. Evidently he has harnessed himself to a term of years in the penitentiary.
~Elkader Register, Thur., July 11, 1878
(Transcriber's note: No resolution to the harness theft charge could be found in the Elkader newspaper thru 1878.)
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Last evening Sheriff Benton returned from Bloomington, Ill., with James Gray, alias James Davis, the noted Strawberry Point bank robber. He is a spruce looking chap, dressed in good style, and with the air of dignified innocence declares himself not the fellow that is wanted for the Point Bank robbery. The sheriff met with considerable opposition in attaining possession of his prisoner, and was obliged to fight his way through courts before getting him, having one or two writs to break down. Money and perserverance, with a heap of pugnaciousness finally won against the Illinois authorities, and before any new plan of attack to be hit upon, Capt. got his man safely into Iowa. (Transcriber's note: See the 19 Sept. 1878 entry for James McDermott below. Also, no resolution to this case could be found in the Elkader Register thru Dec. 31, 1879, under either man's name.)
Casper Merting, Garnavillo, occupied a few hours in jail for assault and battery on John Merting. He was let out on his own personal recognizance, his case coming up before the district court. His wife and three children were with him. (Transcriber's note: No resolution could be found in the Elkader Register thru Dec. 31, 1879.)
Petty Thieving - Small boys led into bad ways through Melville Ellis - In a fair way to be punished - Candidates for the Reform School
For some months past it has been known that a few unruly boys were engaged in thieving, and though nothing direct could be proven against them, suspicion rested upon the right ones, as the sequel will show. In the successful prosecution of the work the boys had a leader, one who planed the work to be done, guarded them while in the act and then meaningly and selfishly took the spoils all to himself. Melville Ellis is the name of the young ring leader, about fifteen years of age, and a shrewd, cunning schemer as the manager in the nefarious schemes of robbing and petty stealing. His reputation has been none to good; every gardener has declared a want of confidence in the young man, averring that fruit and mellon patches were sure to suffer from his well known familiarity of the exact time and place for a raid. Chicken-coops, turkey roost and pig styes were not wholly free from his list of conquest; indeed he appears to have held a high hand in running his little company on a basis that proved decidedly exciting and exhilerating, if not profitable. The last exploit proved a clincher; this time he is fairly caught with a reasonable assurance of spending a few years in the State Reform School, where, if all the evidence is true, he should have been placed long ago.
On Friday afternoon he got in his company and under his command two or three trusty youngsters and proceeded to visit Stauer & Co's. lumber yard. In the rear of the office building is a small hole, rather to small to allow Ellis' body a free and easy passage through, so he stands guard and sends in the youngsters, Cliff Place and Al Slator. Mr. Floete had changed clothes to go to his meal, leaving his money in the pocket of the pants taken off. The boys rifled the pockets and also secured a pistol and some other little trinkets. It appears the Mr. Floete has missed small sums of money on several occasions, and thinks he lost, altogether about $14, but Ellis, says it is more than that. On Monday Ellis was arrested and brought before Esq. Regan. The examination resulted in his being sent to jail, preparatory to sending him to McGregor to be examined by Judge Noble, with a view to giving him a place in the State Reform School
The boys, young Place and Slator, it is to be hoped, have learned a lesson which will cure them for all time. At least they should take warning from this exposure of their boldness and hereafter pursue a more honorable career. (Transcriber's note: Nothing more could be found in regard to the resolution of this case in the Elkader Register thru 31 Dec., 1879.)
~Elkader Register, Thur., July 18, 1878
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An altercation occurred last evening between F. I. Preston and Geo. Kriebs, between whom blows were passed. This morning the parties met again and had a regular rough and tumble fight. Preston was arrested this morning and the trial is in progress before Justice Regan.
~Elkader Register, Thur., August 1, 1878
(Transcriber's note: No resolution to this event could be found in the Elkader Register thru 31 Dec. 1879.)
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The District Court conclude its labors on Saturday, on Friday the convicted prisoners were brought into court and sentenced as follows:
James McDermott, pleaded guilty to the charge of robbery. He was one of the Strawberry Bank robbers, and in consideration of his having furnished evidence to bring to justice the high-toned gentleman that now awaits trial (Thought to be a reference to the James Gray, or James Davis, mentioned in the above entry of 18 July 1878.), he received only ten months service at the Anamosa penitentiary.
Thomas Flaherty, was another of the worthies up for sentence. He is better know as Yankee Tom, and from all accounts has led a rather wild and reckless life. Judge Nobel before passing sentence read Thomas a very strong lecture, one that should have made a deep impression on his mind, but which very likely fell on unwilling ears. He received ten years in the Anamosa penitentiary, and if he serves out the full term will be in the neighborhood of 50 years of age.
Charles Schroeder makes the third on the list, a half-witted fellow, about 45 years old, with mischief in his eye. He goes to Anamosa for five years on the charge of an assault with intent to kill. His plea of guilty did not come to his favor as much as it might, and perhaps would, had it not been for the heinousness of his crime.
Frank Martin was to much married; he had two wives, with no perceptible means for their support. He had grossly misrepresented things to wife number two; in fact he had got her under false pretenses. For this indiscretion he received a splendid judicial lecture and gets three years at the Anamosa penitentiary.
Charles Morton was a bold young highwayman; he charged his man to stand and deliver, and for this Dick Turpinism gets five years at Anamosa.
The above named five worthies were duly ornamented with prison jewels and started for Anamosa on Monday, under the care of Sheriff Benton and his aids.
Albert Jordes, the man of adulterous proclivities, the jury having disagreed in his case, came before the court and plead guilty, receiving a sentence of sixty days in the county jail, which he is serving to the satisfaction of his keepers. His paramour has returned to her liege lord; they have taken up their residence at Giard in the home made vacant by Albert. Doubtless when Albert gets loose he will cause a scattering, compelling Mr. Simmes to vacate right hastily.
~Elkader Register, Thur., September 19, 1878
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