Clayton Co. Justice & Court Proceedings
... as reported in the 1879 newspapers
~unless otherwise credited, the articles were contributed by Reid R. Johnson for Clayton Co. IAGenWeb
| January The January Term of the District Court convened on Monday, January 13th. -The State vs. Fred Wegman, obstructing the highway, defendant plead guilty and was fined $100. and costs of prosecution. -The State vs. Henry Anders, larceny, the defendant plead guilty. -The State vs. Henry Ellsworth, obstructing the highway, the defendant plead guilty and was fined fifty cents and cost of prosecution. -The State vs. Sam Culbertson, larceny, the prisoner was arraigned and plead guilty, the judge sentenced him to 6 months at hard labor at the Anamosa penitentiary. ~Elkader Register, Thur., 23 Jan. 1879 -Thomas Logan and M. Howard were sent up to the "Hotel De Benton" [ie: county jail] yesterday, for a term of 30 days, on a charge of vagrancy. -Henry Anders convicted of larceny was sentenced to the county jail for a period of 30 days, and pay costs. -James Unser having plead guilty to the charge of burglary, was sentenced to 10 months imprisonment in the state penitentiary at Anamosa, and bail released. ~Elkader Register, Thur., 30 Jan. 1879. District Court column. ~~~ February Shot Dead - Terrible tragedy at Elkport. Our community was startled on the night of the 6th inst., by a report of a shooting affray with fatal result. Investigation proved the report to be too true. A visit to the scene of the difficulty showed the body of Bernhardt Baugard cold in death, from a gunshot wound at the hands of Christian Sachs. The deceased is a German man about 54 years of age, has been in this county 10 years and as far as known is without relatives here. He had been in Elkport about 8 or 10 months, mainly at the house of Mr. Sachs. Although in reduced circumstances, the deceased gave evidence of considerable culture and was regarded as a peaceable law abiding person. Mr. Sachs at whose hands he met his death, is also regarded as a good citizen, and has heretofore been looked upon as possessed of all those prudential qualities which would make him a desirable resident among us. The origin of the difficulty is somewhat shrouded in mystery. We learn that Baugard having been forbidden in the house of Sachs, absented himself for a while but returning and attempted to force an entrance, was fired upon with the result above stated. Coroner Penfield having impaneled a jury, the following verdict was the result: "The deceased came to his death from a shotgun wound by the hand of Christian Sachs." Sachs having been brought before A. J. Galer, a change of venue was taken to P. Costigan, who, on hearing an argument from T. M. Davidson, of Volga City, released the prisoner and so ends the matter for the present. Later - The defendant was rearrested, and the trial is now going on, with C. B. Kennedy on the part of the State of Iowa, and T. M. Davidson for the defense, with a host of witnesses to be examined. Trouble at the poor house. One of the inmates attempts to brain another with a club. On last Thursday afternoon, one of the inmates of the county poor house, Charles Schultz by name, made an unprovoked assault upon another inmate, named John Simons, with a club, beating him about the head, knocking him down. He continued his assault after Simons was down, and would have undoubtedly killed him, if it had not been for the interference of the Steward. Both men are Germans, and invalids. Shultz is a young man and is afflicted with an incurable disease, and is of a surly, quarrelsome disposition. Not long after since he threatened the life of the Steward, and has once been put in irons for being unruly. The victim of his assault, was a soldier in the Union army, during the war of the rebellion. While working on the river he had his skull fractured by accident, and has never fully recovered from the effects of it. He is very useful about the farm and has a very pleasant disposition. After the assault Schultz was arrested, and on Monday was brought before Justice Ryan, charged with an assault with intent to do great bodily injury. The justice after hearing the evidence, determined to commit Schultz, for a hearing before the grand jury, but in view of his affliction, he ordered him returned to the County Farm, suspending commitment during good behavior. Schultz is a dangerous character and should be well taken care of, or the lives of the inmates of the county farm will not be safe. Such men are better in the penitentiary, than out side of it. ~Elkader Register, Thur., 13 Feb. 1879 (Note: Read the rest of the story! Also see the obit of Charles Schultz died 1879) Last Saturday Christ Samp was arrested and brought before Justice Keeling, charged with assault and battery, plead guilty, was fined; refused to pay and was sent to Fort Benton (the county jail). ~Elkader Register, Thur., 20 Feb. 1879. Volga City column. W. Perzura, of Jefferson township, was arrested last Thursday, on an information sworn out by Fred Schiermann, charging him with stealing a grindstone from the premises of complainant. A hearing of the case before Justice Galer resulted in his conviction. A fine of $5. and costs was imposed, making $10.70 in all, which he paid and went home a wiser if not better man. ~Elkader Register, Thur., 27 Feb. 1879. Elkport Locals column. ~~~ April Last Thursday Pat Corcoran, of Read township, was arraigned before Justice Finnegan, of that township, for wife beating, and was sent to jail for ten days. He was released the fore part of this week, some of his friends going on his bond to keep the peace. ~Elkader Register, Thur., 17 Apr. 1879. The regular boarders at Hotel De Benton are increasing. On Thursday last Thomas Burns, a drunk and disorderly, was sent up for thirty days, by Justice Papin, of Elkader. On Saturday, Ole Anderson was sent up from McGregor, for 20 days on charge of vagrancy. ~Elkader Register, Thur., 24 Apr. 1879 Note: Hotel De Benton ie: County Jail ~~~ May John Tyme, a McGregor drunk, was brought up to the jail last Saturday, and will work for the county 30 days. ~Elkader Register, Thur., 08 May 1879. Town and County News column. ~~~ June Sebastian Koeher, an old man whose locks are tinged with gray, but who has not forgot the joys of boyhoods day, when he used to get on a "tear", thought he would try it on again, but the unfeeling constable carted him off to jail Tuesday, and yesterday morning he appeared before Justice Young and was given 5 days in the cooler. ~, Thur., 19 June 1Elkader Register879 ~~~ July Two prisoners named John Van Buskirk and Albert Shook, were brought down from Fayette, last week, to serve 29 days sentence in Hotel De Benton (County Jail). They were sent - as one them expressed it - "for stealing a dirty little heifer." They like the bill of fare first rate at their new quarters. ~Elkader Register, Thur., 03 July 1879. Town and County columns. -John Keen, a tramp, was arrested Monday by constable Oglesbee, and taken before Justice Papin, who gave him 30 days on Benton's stone pile (ie: County Jail). -John G. Passmore is a tramp, and one of the cheekiest of his kind. He came to Elkader last Friday and proceeded to beg money enough to get on a "high old lonesome," and on Saturday he was arrested, taken before Justice P. C. Young, who gave him a little fatherly advice and - 30 days in the cooler. ~Elkader Register Thur., 24 July 1879. Town and County columns. ~~~ August -Eugene Riley got drunk and was taken to the cooler Sunday night by Constable Oglesbee. Monday he was brought before Justice Young, who assessed him $10., which he paid. -J. J. Doyle was found wandering about the streets Monday, on the verge of an attack of Delirium Tremans. He was taken before Justice Young, and given 30 days at Benton's Hospital (ie: County Jail). ~Elkader Register, Thur., 14 Aug. 1879. Town and County columns ~~~ September -On Wednesday the 10th inst. Julius Wagner, who had been in the employ of Henry Schumacher, of Garnavillo, for a short time, settled up and left, coming over here. After his departure it was discovered that a watch had been stolen and it was suspected that Julius was the guilty man. J. F. Schumacher and Fred Cook followed him here, and with constable Oglesbee arrested him, finding the watch in his possession. He was taken back to Garnavillo and on trial, was given 20 days in the county jail. -State vs. Henry Shadle, assault with intent to murder, This is a case from Volga City, and the affray occurred in December, 1878. Shadle and a man named Wm. Fry had some words in a saloon, but did not come to blows. They met on the street next evening, and the quarrel was renewed, resulting in Shadle's pulling a revolver and shooting Fry, the ball taking effect in the leg. On being arraigned, Shadle plead guilty, and was fined $100., and to stand committed until the fine was paid. -State vs. John Becker, appeal from justice court, selling liquor without a permit, Mr. Becker resides in Millville, and was charged with selling intoxicating liquor without a permit. He was convicted in the court below and appealed to the District Court. He was fined one dollar and costs of the suit. -State vs. Catherine Kluth, assault and battery. This was an appeal from justice court, but on being arraigned, she plead guilty, and was fined $.50 cents and costs of the suit. -State vs. Mark Flemming, uttering forged notes, two counts. Thesee are cases wherin Mr. Flemming, who had been acting as agent for an agricultural firm at McGregor, had forged the names of two farmers to notes, and turned them over to his employer, in place of cash that had been paid him. On being arraigned, he plead Guilty, and was given 6 months on each count at hard labor in the additional penitentiary at Anamosa. -State vs. A. L. Robbins and William Robbins, burglary. This case was from Millville twp., the young men being charged with having entered the smoke house of a farmer, and taken meat therefrom. They plead guilty and the judge after giving them some good advice, sentenced each of them to 100 days at Anamosa (penitentiary). ~Elkader Register, Thur., 18 Sept. 1879 -State vs. John Simon, murder. This case is of such recent occurrence that details are unneeded. He plead guilty to murder in the second degree, and was sentenced to 20 years at the Anamosa penitentiary. (Note: See the obit of Charles Schultz and 1882 History of Clayton County) ~Elkader Register, Thur., 18 Sept. 1879. District Court column. -State vs. William Smith, bastardy. The case was closely contested, but the jury brought in a verdict of guilty, and the judge ordered the payment of $1.50 per week, for support of the child, until it was 14 years of age. -State vs. Chas. Ward, larceny, 2 counts. These cases are from Elk township, where Ward had played detective, in the fall of 1878, getting possession of a horse, saddle and overcoat, and had gone in search of a horse stolen from G. Smith. Failing to return, officers were sent in search for him, and in June, he was arrested by Sheriff Benton in Buchanan county. He plead guilty, and was sentenced to 1 year one one count and 6 months on the other, at hard labor, in the penitentiary at Anamosa. -State vs. James Murphy and Geo. Whalen, 2 counts, burglary and larceny. These cases were from Giard twp., where the young men had broken into the residence of a Mr. Driscoll and taken some clothing. They plead guilty, and were each given 1 year for the burglary and 6 months for the larceny, at Anamosa. ~Elkader Register, Thur., 25 Sept. 1879. District Court column. ~~~ October -John Keenan, a vagrant, was arrested Tuesday by constable Oglesbee, and Justice Papin kindly allowed him thirty days hash at the expense of the county. (Sent to county jail for 30 days.) -John Simmons was brought up to the jail from McGregor, last week to serve out a sentence which he received 3 years ago, for petty larceny. While being brought to jail he escaped from the officer, and was recaptured last week. ~Elkader Register, Thur., 02 Oct. 1879. Town ad County column. ~~~ November Tom Connell imbibed too much benzine Saturday ad becoming quite noisy, was lodged in the cooler. Monday morning he was brought before Justice Skinner on a charge of drunkeness and fined $5. and costs. ~Elkader Register, Thur., 06 Nov. 1879 Michael Henry, Alex. Henry and James Farmer, of Cox Creek, were brought before Justice Skinner, Saturday, charged with participating in an affray at Osborne, contrary to the statues made and provided. They plead guilty and were each fined $5. and costs, amounting to $10.62, which they paid. Elmer Benton left yesterday morning, for Dubuque, having in charge Edward Simmon's. who is wanted as a witness in the U.S. District Court, now in session at that city, in a counterfeiting case. He has been confined in the jail at this place for some time, having been sent up from McGregor for disorderly conduct. ~Elkader Register, Thur., 20 Nov. 1879. Local News columns. Elkader Register ~~~ December Louis D_ckerville [missing letter looks like an a or e] was sent up to the jail, from McGregor, last Saturday, for sixty days. He was drunk and disorderly, and was also carrying concealed weapons. ~Elkader Register Thur., 11 Dec. 1879 |