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WARS NEARER HOME.

THE WASHINGTON COUNTY CAMPAIGN.

     The first military exploit, pf which we can learn anything, occurred in the year 1842; and was not so brilliant an achievement as it might have been, nor, so sanguinary as was possible, and yet considerable daring and bravery were displayed. In that year, the Indians owned and occupied a por-

tion of the northwest corner of the county, and were encamped at or near Wassonville. A doctor Lee came down to Washington, displaying much feeling and anxiety concerning a white woman, whom he alleged the Indians held as a prisoner, and who desired to leave them, but that the Indians would not let her. The Indians were the Sacs and Foxes. Lee so worked upon the sympathies of the people of the town that a company of about thirty men, pretty well armed, went up to Wassonville, some on horses and some in wagons. These commodities being very scarce in those days, every available horse and wagon was "pressed" into the service. Every preparation having been, completed, the company started for the "seat of war," where they arrived without any incident, except that upon reaching English river, the enemy were perceived marching along in large numbers, whereat one of the valiant men of Washington began to quake in the knees, and ere long deserted, and fled homeward, reaching town the next day. Arriving at the camp of the Indians, a council was held, and a parley had with the Indians, in which a demand was made for the "white woman," but the Indians denied having any "such woman," and refused to accede to the demand. Another council was held by the whites at which it was determined that two of the wigwams should be carried by assault, one of which contained the "white woman," and the other a quantity of arms belonging to the Indians. This was done without serious difficulty, and after securing the "white woman," and conveying her out of the influence of the Indians, it was ascertained: first, that she was not a "white woman," but a half-breed; second, that she was not a "prisoner" desiring to escape, but a willing sojourner and the wife of one of the Indians; and third, that they had been most grievously imposed upon, whereat they vamoosed for their homes. During the negotiations much fear was entertained by the company that they would have to fight, and it was with difficulty the more prudent of the party prevented open hostilities, which were very imminent two or three times. But, happily, no outbreak occurred, and "nobody was hurt." The Indians were considerably exasperated about this impertinent invasion of their domiciles, as were also the white settlers in the neighborhood. But the matter final1y wore off, until the "Indian War" is wholly forgotten, except by a few of the participants. Among these but the following gentlemen remained in Washington till late years, and at least one still lives there who was a veteran of the war: Joseph Keck, M. C. Kilgore, J. H.. Wilson, John E. Martin and S. H. Joy.
     We cannot learn that any citizen of this county participated in the "Missouri War" under Governor Lucas, and so far as can be ascertained, but few were in the Mexican war. No regularly organized company went from this county, although we learn that a "squad" left the county, joining some company in another part of the State. This, however, is not to be wondered at much when we consider that the country was new, containing then a population of only 3,483, and that armies, save for self defence, [defense] are not generally made up in pioneer settlements.

THE SKUNK RIVER WAR.

     Most everybody who resided in Keokuk county or near there during the war, or who has since located in the county, has heard of the Skunk river war. Sometimes it is spoken of in jest, but the bitter feeling which is invariably aroused, if the jesting is carried top far proves that the incidents, of

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that most unfortunate affair are neither too remote nor too trivial to be a serious matter, even at this time. During the period of the civil war there were criminations and recriminations, bickerings and altercations which would not fail to engender strife, and give birth to the most deadly feuds. In many communities throughout the North the rival factions resorted to violence, which resulted in the destruction of life and property. The war party was largely in the majority, and in some instances, doubtless, was arrogant and overbearing; but they were entirely excusable when goaded to this course of action by the utterance of disloyal sentiments; for their brothers and sons were at the front, falling like sheep, before the rebel bullets. The anti-war party were in the minority, and in some instances made too free a use of' the rights of the minority, guaranteed by all civilized nations, in expressing disloyal sentiments and circulating seditious documents; but it must be remembered that their former political allies, and the brothers and sons of many were arrayed on the other side, and the prospect of being conscripted into an army to fight those whom they deemed to be their friends, should have mitigated their conduct in the eyes of the .opposite party. Great national contests have a right side and a wrong side. At the present time there are few enlightened and progressive men who do not admit that the right side of the war of secession was the side of union, freedom and enfranchisement. But, while there was but one right side, the peculiarities of temperament, early associations and the ties of kindred, are circumstances which went far to modify the wrong of the wrong side, and now that the unhappy strife is over, and the bloody chasm has been bridged by the lapse of years, it is a private virtue, and it is public policy to admit the fact.
      In 1848, there came to Keokuk county a family by the name of Tally. They had previously resided in Tennessee, and by birth and education were in sympathy with the "peculiar institution" of the South. Upon the breaking out of the war they arrayed themselves on the side of the anti-war party, believing, as many thousands throughout the North did believe, that unless the erring sisters could be peaceably prevailed upon to remain, they should be allowed to go in peace.
     One of the family, Syphert Tally, was a young man of more than ordinary brilliancy of intellect, and though possessed of meagre education, was an orator of great force and ability. A short time prior to the war he had entered the ministry of the Baptist church, and as far as appears from the evidence of those most likely to know, was, in his private character as an individual and in his public character as a minister, above reproach. Some time after the beginning of the war he was called upon to preach the funeral of a soldier who had died in the Union army. He consented to do so, the place where the appointment was made being Mt. Zion church, in Steady Run township.
     When the congregation had assembled, and after Tally had taken his place in the pulpit, the question of his loyalty was raised by some of the brethren and, at their suggestion, another Baptist minister who was present went into the pulpit and informed him that his loyalty was questioned, and if rumors were true as to certain sentiments which he was reported to have uttered, there were those in the audience who preferred not to listen to his discourse. After a short consultation Tally arose and announced that as there appeared to be objections to his preaching from that pulpit he would dismiss the congregation and those who desired to hear him should go

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to a certain school-house near by. He thereupon left the church and started for the school-house followed by the greater part of the audience, but upon his arrival at the place found the school-house locked and the sub-director refused to give up the key. They then went to a grove where the funeral sermon was preached and the audience dismissed. The circumstances attending the preaching of this funeral gave rise to bitter disputes and bickerings in the neighborhood and party feeling ran high. Encouraged by his friends Tally became still more pronounced in the expression of his political views and soon after abandoned the pulpit and took the stump. Numerous opposition meetings were held in the county and Tally was invariably the chief speaker. He soon became quite a hero and received and accepted invitations to speak in various parts of the adjoining counties. On every hand he was extolled and lionized by those of a like political faith. Thus flattered and petted it is not at all remarkable that as young a man as Tally should become bold to commit some very indiscreet deeds and make some very unwise statements. In his public speeches he used language which was very offensive to the war party and threats were made in some parts of the county that Tally could not speak there. Whenever such threats were made the friends of Tally seemed to be particularly anxious that he should speak at those very places, and urged forward by the injudicious counsels of these friends improved the very first opportunities which presented themselves in making good the assertion that he could speak and would speak at any place in the county where he chose to. To these meetings people from all parts of the county would flock, many of them well armed. Such was the condition of affairs when occurred the tragic event which put an end to the eventful career of young Tally.
     On Saturday, August 1, 1863, a Democratic mass-meeting was held near English river, in Keokuk county. The speaking occurred in a grove, about one-half mile from town. The chief speaker was Tally. Several hundred persons were present at this meeting, most of whom had come in wagons, in the bottom of which was hay or straw, and therein secreted were arms of different kinds, which fact was developed at a later hour in the day. Speeches were made during the forenoon, and as some Republicans were present, party spirit ran high. As an illustration of the excitement, it is related that in a stripping of butternut badges the clothing was almost torn from a couple of ladies present who displayed the objectionable emblem. Wild and perhaps idle threats were made that the party would come up in the afternoon and clean out the town of South English, which was quite a Radical stronghold. Reports of these threats were carried up into the town, where, from the balcony of a hotel, a Republican was addressing a meeting of his party, and in the town the Radical feeling was also quite strong. To be prepared for emergencies, the citizens were armed as far as there were weapons for their use. In the afternoon the Tally party came up to the town in wagons. In the front wagon were several men, including Tally, who stood up in the rear part. The Republican meeting had just closed, and arms were freely displayed. Some persons warned Tally that he had best not go through the town, as there would be trouble; but he claimed he meant no injury to anyone, and merely asked the privilege of the street. As the first wagon came into the crowd, there were cries from the street of "coward!" "copperhead!" "afraid to shoot!" etc. Previous to this time no weapons had been displayed by the party in the wagon, but upon these cries they came up from the bottom of the conveyance. Just

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then the street became so crowded that it was necessary to stop the wagon for a moment. At that instant a citizen accidentally, as he claimed, discharged one barrel of his revolver into the ground. This was the occasion for a general firing, and it is marvelous that the loss of life was not much greater. It has been estimated that one hundred and fifty shots were fired, which is evidently a great exaggeration. Tally, stood in the back part of the wagon, with revolver and bowie-knife in hand; he evidently fired twice, as two chambers were empty, when he fell from the wagon dead, having been shot once through the head and twice through the body. One of the horses attached to the wagon was wounded, which caused the team to run, and probably avoided more serious consequences. The only other party seriously wounded was a man by the name of Wyant, who recovered. Upon receiving the fatal shot, Tally fell prostrate in the wagon, and it was not known that he was dead until the driver of the team succeeded in controlling the horses, when an examination revealed the fact that life had already departed. The next day being Sunday, preparations were being made at the home of Tally, whither his remains had been conveyed the previous evening, for the funeral, while messages were sent in every direction informing Tally's friends of his death, and calling upon them to avenge it. At the solicitation of certain influential citizens of Sigourney and elsewhere, a committee, consisting of S. A. Evans, Wm. H. Brunt, Presley Doggett and others, proceeded to the Tally neighborhood on the Monday following. When they arrived Tally had already been buried, and about one hundred people, from various parts of the county had assembled, determined on revenge. The committee said that they had come in the interests of peace, and that they were authorized to guarantee the arrest and speedy trial of the person or persons who killed Tally. Their words seem to have had little effect on the crowd, and they departed. All this time wagon-loads of men were on their way from Wapello, Mahaska and Poweshiek counties to the place of rendezvous on Skunk river. Probably as many as 150 came from Mahaska county alone. These volunteers formed what is currently known as the Skunk River Army.
     By Monday night affairs began to present quite a dangerous aspect to the people of South English and Sigourney, and that night two citizens of the later place made their way to Washington on horseback, and there, procuring a hand-car, proceeded to Wilton Junction, where they took a train for Davenport, in order to consult Governor Kirkwood, who was known to be there at that time. They found the Governor early on Tuesday morning, and stated the facts; his first reply was a verbal order for three hundred stands of arms, which he then gave the gentlemen in writing, and told them to procure the arms and return to Keokuk county. One of the gentlemen replied: "My God! Governor, am I to understand you to return home and shoot down our neighbors?" The Governor replied: "On second thought I guess I'll go myself." And go he did, just as he was, without collar or neck-tie, and attired in the careless dress which he was accustomed to wear when at his regular employment. The Governor arrived on Wednesday evening at Sigourney; troops and a couple of cannons followed soon after. That night he made a speech in front of the court-house.
     The popular story of the Governor's threats of minie balls and canister to the Skunk river army, and of their terror-stricken flight from their camp is a myth, the truth being that there was no considerable number of armed

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men nearer English river than Skunk river, which is sixteen miles from the town. The project of armed resistance had been practically abandoned before Governor Kirkwood reached the town, many of the Mahaska county troops having returned to their homes on Monday or Tuesday. It is probable that there were still some men assembled at the time of Governor Kirkwood's visit, and that his proclamation was read to them which gave rise to the more extravagant story. There was nobody badly frightened on either side, and no particular cowardice manifested. It is highly probable that if Bill Tally had continued as leader that the result would have been quite disastrous.
     The Skunk river army has been variously estimated at numbers ranging from five hundred to four thousand; the first figure is probably not far from the truth.
     According to the Adjutant-General's report, the following list of companies were engaged in various parts of Keokuk county in suppressing disturbances during August, 1863: Muscatine Rangers, Washington Provost Guards, Brighton Guards, Richland Home Guards, Fairfield Prairie Guards, Fairfield Union Guards, Abington Home Guards, Libertyville Guards, Mt. Pleasant Artillery, and Sigourney Home Guards--eleven companies.
     The grand jury, at the following term of the District Court, took the Tally matter under consideration, but no one was indicted, and up to the present time it has not been found out who fired the fatal shot. It is highly probable, however, from the nature of the wound, that the shot was not an accidental one, but well-aimed, and from an unerring hand.

ACCIDENT AND CRIME.

     In the matter of frightful accidents Washington county has probably been more fortunate than many others, but notwithstanding the fact that a high moral sentiment has always prevailed, yet the inhabitants have been cursed with a sprinkling of vicious and reckless men, and the county has, been disgraced by the commission of all the crimes known to the decalogue. There seem to have been manias for crime which came periodically. In the earlier records are found several cases of perjury, passing counterfeit money, horse-stealing, and one for fornication. Of the crime of murder but five cases appear of record up to the year 1860, and one of these occurred in what is now called Mahaska county, at the time attached to Washington for judicial purposes. The case having been tried in Washington, the history of the case is given.
     From 1860 to 1869 the county was remarkably free from crime, but during the last ten years murders and suicides have occurred with deplorable frequency, no less than five shocking murders having been committed, and during that period four suicides being committed within the space of one week. Suicides in this as well as other counties are of surprising frequency; they occur much oftener than anyone, who has not investigated the matter, would suppose; moreover, much oftener than the average citizen would be inclined to believe. Shall we say that the number of these revolting crimes averages one a month the year round in all the leading counties of the State? This may be a little above the average, but upon careful investigation we are inclined to the opinion that the estimate is not far from the truth. These crimes being of such frequent occurrence it is not our pur-

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pose to give an account of all of them, but shall refer only to such as seem to have been the most peculiar.
     The same is true of accidents, which have been of such frequent occurrence that a detailed account of each would require an amount of investigation and labor which is not warranted by the interest that the general public has in them. A few, however, which seem to be especially deplorable, and at the time of their occurrence occasioned widespread interest and sympathy, will be attended to.

THE KILLING OF PERRY BY SEARCY.

     The first murder, as appears from the court records, was that of Peter Perry by Elijah Searcy, on the 31st day of May, 1841, in Clay township. Searcy was indicted by the grand jury in November following, and the bill is signed R. P. Lowe, district attorney. William A. Davisson was foreman of the grand jury, and the following persons were the witnesses: John Miller, G. Wilmouth, Elias Whetstone, John B. Graves, Wm. Sercy, and Cyrus Jourdan. On the 2d day of June, 1841, James M. Smith, a justice of the peace, issued a warrant for Searcy's arrest, which was executed by John Pennington, constable, on the 4th day of June. When trial being had it was "from the evidence adjudged that the said Elijah Searcy be committed to jail." On the 9th day of June an inquest was held on the body of Perry before Orson O. Kinsman, a justice of the peace and acting coroner. The jury was composed of Moses Hoskins, Sr., Robert Pringle, John Wasson, John Brier, James Higginbotham and A. M. Overman, who returned the verdict that Perry came to his death by a wound received by a club in the hands of Searcy. On the 7th day of June, Searcy sued out a writ of habeas corpus, before Judge Joseph Williams, by Olney and Negus, his attorneys, but nothing appears to have been done. On the 9th day of June, a recognizance was taken by J. W. Houston, for Searcy's appearance to court, which is signed by Elijah Searcy, William Searcy, Cyrus Jourdan, John A. Miller, and Robert Searcy for $1,000, by which it would seem he was released from confinement. On the 25th of November, 1841, the indictment having been found, a warrant was issued by the clerk of the district court for Searcy's arrest, and a capias on the 5th of May, 1843, both of which were returned without service, the criminal in the meantime having disappeared. The case was never tried.

THE JOHNSON MURDER.

     The next case was that of Job Peck for the murder of William Johnson, in Mahaska county, on the 9th day of September, 1843. The circumstances of this murder are given somewhat elaborately, but as the affair was of national notoriety and was quite romantic as well as criminal, we deem it of sufficient interest to be given in full.
     During the winter of 1841-2 there appeared at Iowa City a stranger who gave his name as Col. Wm. Johnson, and who was accompanied by a young woman whom he represented as his daughter, and whom he called Catharine, or, usually, Kit. Both were of more than ordinary strength of character, and well educated. Johnson claimed to have been the hero of the Canadian revolt, which took place in 1838, and was the occasion of considerable diplomatic correspondence, and came so near causing war between Great Britain and the United States. The girl, he stated, was the "queen

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of a thousand isles," and authentic history so far corroborates his story as to mention the fact that on the St. Lawrence there was a certain young woman who gave aid and assistance to the patriots in this border trouble. Johnson succeeded in cutting quite a figure in Iowa City during the session of the legislature. He was honored by a seat on the floor of the house, and was toasted and banqueted by some of the law-makers of the then State capital. In 1842 Johnson located at the geographical center of Buchanan county, where he proposed laying out a town, and where he expected by his fame and prowess to draw around him a band of fol1owers, and secure the county-seat. This excited the jealousy of the first settler of that region, Wm. Bennett, a notorious character, who had laid out a vi1lage where Quasqueton now stands, and where he hoped to enrich himself by securing the county-seat of the new county. Bennett gathered a few congenial spirits about him, went over to Johnson's, loaded up his effects for him, then tied him to a tree and flogged him, though with what severity is unknown, as accounts differ. Johnson went to Marion, where he lodged complaints against his persecutors, and the sheriff of Linn county rode up to Quasqueton to arrest Bennett. The latter awaited him at his cabin door, armed with his rifle and a pair of pistols. The sheriff modestly retired and went back for a posse. Bennet and his companions became convinced that they had better leave Quasqueton for a while. On their way to a place of escape they suffered terribly from intense cold. Some of the parties perished, and others were frozen so as to be muti1ated for life. This, of course, aggravated Bennett still more, and he and Johnson became deadly foes.
     Soon after, Johnson, loving his popularity, left Buchanan county, got in with a gang of horse-thieves, and fled to Mahaska county to escape the law, bringing with him the girl Kit, and another man and woman. Johnson seemed to have had this girl entirely under his control, and in his fits of passion, it is said, threatened to kill her, in consequence of which she was in mortal fear of him. Johnson located on Middle Creek, about eight miles northeast of Oskaloosa, in a grove now owned by James K. Woods. He there built a shanty. In the spring of '43, a family by the name of Peck came to a point on Skunk river, about four miles from Oskaloosa, where Russel Peck, with his son-in-law, Geo. N. Duncan, built a grist-mill. Johnson and his daughter, so-called, lived for some time with the Duncans and Pecks. Several times, it is related, during the time he staid with them, strangers from the north came there and asked to stay over night. They were kindly treated, lodged, and nothing charged them. This made Johnson very angry, the reason for which being, as was afterward learned, that these were of Johnson's enemies in Buchanan county, who, for some reason, did not get an opportunity to accomplish their purposes, i. e. revenge on Johnson. During this time an attachment sprang up between Kit and Job Peck, son of Russel Peck, a young man of about twenty-one years. Johnson was greatly enraged on discovering this, and removed to his own cabin above mentioned, taking the girl with him. Wm. D. Neely was engaged to Peck's sister, Sarah. An elopement was planned. While Johnson was away one evening, about dusk, Kit was stolen away, and the two couples started in an easterly direction. The following day they reached the house of a relative of Peck's, about four miles from Fairfield, where they were married and lodged for the night. Upon his return home John-

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son set out in search for them, came to the house where the fugitives were near one o'clock at night, entered the house, and, with drawn revolver, dragged Kit from the bed, compelled her to dress herself, and mount behind him and ride thus to his house.
     The following evening, about seven o'clock, Johnson was shot dead through a crevice in his cabin, while standing in front of the fire. Job Peck was arrested on charge of the murder, taken to Washington county and lodged in jail. His lawyers were J. C. Hall of Mt. Pleasant, and Colonel Thompson. These gentlemen, learning that a warrant was out from the northern part of the State for the arrest of Kit, as being an accomplice of Johnson, it was arranged that the girl should be secreted until she could be provided for. This was done, and a young law-student of Hall's, named Wamsley, was sent with a buggy to Mahaska county, to the girl's hiding-place. This Wamsley, while fording the Skunk river, a short distance from Oskaloosa, met a man on horseback in the midst of the stream. The stranger stated to Wamsley that he was in search of a girl, giving her description, being the same one that Wamsley was after. The latter, to throw the officer off of the track, told him he had seen such a girl in a certain house in the direction in which he had come. The officer started in pursuit, and Wamsley proceeded about three miles and a-half to Kit's hiding-place. She was taken to Burlington, put on a steamboat, and sent by Hall to Pittsburgh, Pennsylvania. Job Peck was acquitted, having proved an alibi. Some time after the murder, and during Peck's imprisonment, a stranger stopped at Duncan's and informed them that his name was Bennett; that he was one of the men who had stopped with them, and whom they had so kindly treated; that he and Johnson had been deadly foes. He told the Duncan's that they need not be alarmed in regard to Job's acquittal, as he (Bennett) knew Peck was not guilty, and gave the Duncan's to understand that he knew who was.
     At the October term 1843, of the district court, Peck was indicted for this murder. James P. Carlton was district attorney; Thomas Henderson, foreman of the grand jury; J. C. Ha1l, Wm. Thompson and Wm. Churchman were counsel for the prisoner. Peck was tried at a special term of court held in November, 1843, before Hon. Joseph Williams, judge, and the following jury: James Mount, George Hendrickson, John W. Houston, Francis Hulick, Jacob Westfall, Jeremiah Hollingsworth, John Baker, John S. Stark, John Scott, Matthew Boughton, John Earl and Samuel Embree, and was acquitted.
     If we are correctly informed, and we have good authority, the most romantic part of this story is yet to come. During the time that he was imprisoned Peck knew nothing of his wife's whereabouts, nor was he informed by his lawyer until some months after his release. Fina1ly her address was given him and he set out for Pittsburgh. There he found her living with people of the highest respectability, in most elegant style. Peck himself stated to our informant that the house was furnished with a grandeur that he had not dreamed of; that his wife was a fine musician; that she had played for him on a piano in that house, and that he had these evidences of her accomplishments, which he had not before conjectured. She was ready to come away with him, did come, and for several years lived near Oskaloosa with him. Parties now living remember her well; say that she was a woman of fine education, of refinement and unblemished character, wrote a beautiful letter, and gave every evidence of a good "bring-

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ing up." No one believes--she herself denies--that Johnson was her father; but who she was, or who Johnson was, possibly her husband, certainly her husband's family never knew. She lived happily with Peck in California, until the latter's death. She has a noble family, and is again married to a devoted husband Her portrait of late years has nothing of the romantic in it, but every lineament marks her intelligence and happiness. To-day this" Queen of a Thousand Isles" is queen of a happy household in a far western home.
     Since writing the above we have been cited to an article in " Scribner's Monthly" for April, 1878, entitled "Among the Thousand Isles." From this article we make the following extracts:
     "Of late years perhaps no event caused such a stir of excitement in this region as the so-called patriot war in 1838, a revolt of certain Canadians dissatisfied with the government of Sir Francis Bond Head then Governor General of Canada, which was joined by a number of American agitators, ever ripe for any disturbance.
     "It was a wild, insane affair altogether, and after some time consumed in petty threats of attack, finally reached a climax in the burning of the Canadian steamer 'Sir Robert Peel,' one of the finest vessels upon the St. Lawrence, The most prominent actor in this affair was Bill Johnson--a name familiar to everyone around this region--whose career forms a series of romantic adventures, deeds and escapes, followed by his final capture, which would fill a novel. Indeed, we understand that a novel has been written by a Canadian Frenchman on this theme, though we have not had the, good fortune to find anyone who has read it.
     "Johnson was originally a British subject, but turned renegade, serving as a spy in the war of 1812, in which capacity he is said to have robbed the mails to gain intelligence. He hated his native country with all the bitterness which a renegade alone is capable of feeling. He was one of the earliest agitators upon the American side of the border, and was the one who instigated the destruction of the 'Peel' A reward was offered by the governments of each country for his apprehension, so he was compelled to take to the islands for safety. Here he continued for several months, though with numbers of hairbreadth escapes, in which he was assisted by his daughter, who seems to have been a noble girl. Many stories are told of remarkable acts performed by him, of his choking up the inlet of the Lake of the Isle with rocks, so as to prevent vessels of any size entering that sheet of water; of his having a skiff in which he could outspeed any ordinary sailing craft, and which he carried bodily across necks of land when his enemies were in pursuit of him, and of his hiding in all manner of out-of-the way spots, once especially in the Devil's Oven, previously described, to which his daughter, who alone was in his confidence, disguised as a boy, carried provisions. He was finally captured and sent to Albany, where, after suffering a s1ight penalty for his offense, he was subsequently released, although he was always very careful to keep out of the clutch of the indignant Canadians."

MURDER OF FERDINAND COFFMAN AND CHILD-CONVICTION AND EXECUTION OF WILLIAM M'CAULEY.

     The third case was that of William McCauley, who was indicted for the murder of Don Ferdinand Coffman, in English River township, on the 4th day of August, 1844. The indictment is signed by Edward H. Thomas,

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district attorney. David Anderson was foreman of the grand jury, and the following were the witnesses: Ira A. Parker, Watters, Walker Coffman, Dr. G. H. Stone, Mrs. Isophena Coffman, Leonard Robinson,
     Thomas Stoddard, David Bunker, Marcus Hull, John B. Hobbs, N. M. McFarland, William O. Massey and Isaac Gil1am. A change of venue was had to Van Buren county, where he was tried, convicted and hung. The circumstances of this case were about as follows: An intimacy, as McCauley claims, grew up between him and the wife of his victim, which terminated in a quarrel between the men. Many threats were made by each against the other until the day of the tragedy, when Coffman, on a horse, with a child, rode through a lane, and McCauley coming through a field with a gun, when he reached the fence at a point about eighteen feet from the victim of his hate fired, the ball passing through the body of the child, killing it instantly, and entering the body of Coffman, causing a wound from which he died the next morning. He also claims that Coffman's wife and others persuaded him to commit the murder. The testimony shows McCauley before, at the time, and subsequent to his arrest, admitted the murder, claiming that he did not intend to kill the child.

CONVICTION OF HERRIMAN FOR THE MURDER OF MILLER. PREPARATIONS FOR HIS EXECUTION. THE GALLOWS CHEATED OUT OF ITS VICTIM.

     The next case was that of John C. Herriman, who was indicted for the murder of David H. Miller, on the 9th day of August, 1848, on the farm of A. J. Disney in Marion township. This was the most exciting circumstance of the kind ever perpetrated in the county, owing to its cool and deliberate, as well as unprovoked character. The indictment was found on the 5th day of September, 1848, signed by Autis H. Patterson, prosecuting attorney, Abel Todd, foreman of the grand jury, and the fol1owing witnesses: A. J. Disney, William Moray and David T. Sewell. On the 10th day of August before Thomas McMillan, justice of the peace, the case was examined, and Herriman committed to jail. At the September term, 1848, of the district court, Edward H. Thomas was appointed to assist Mr. Patterson in the prosecution of the case, and David Rorer George Achison were appointed attorneys for Herriman. After arraignment and plea of "not guilty," the fol1owing jury was impaneled: John English, Alfred Meacham, Elijah P. Hagler, Peter Buck, Martin Scranton, Alva B. Rose, Edward Farley, Joseph Neal, Jesse Evans, William Corbin, Jacob Roam and Reason Vert, but no trial was had owing to a continuance of the case. At this term the defendant moved that some indifferent person be appointed Elisor to summon a jury and act as sheriff during the trial, as he verily believes "that Jonathan Wilson, the sheriff of said county, is prejudiced against him." Accordingly at a special term held on the 30th day of October, 1848, before Hon. George H. Williams, judge of the first judicial district, Robert Kinkade was appointed such Elisor for that term. The following jury was then sworn: William G. Stewart, Ephraim Adams, George L. Crain, John Martin, Alexander Evans, Thomas Abbecrombe, James McClure, J. T. Smead, James Maley, Lewis W. Day, Lorenzi H. Sales and John Curry, who on the second day of November returned as their verdict: "We, the undersigned jurors, find the defendant guilty of the charge of murder as stands in the indictment." The fol1owing sentence was then passed by the judge:

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     "By the law of the land and the judgment of your peers, it now becomes the painful duty of the court to fix your earthly doom. You have been prosecuted with all the leniency the law would allow. You have chosen your own time and place for trial. You have selected the persons to make deliverence between you and the people, and you have been ably and faithfully defended by your counsel, but notwithstanding all this, twelve impartial men have said upon their solemn oaths that you are guilty of the crime of murder. In consequence of this conviction you must suffer the awful penalty of the law which you have transgressed, and die a premature and ignominious death. Though you hurried a fellow being into the eternal world without a moment's warning, the law will be more considerate and merciful toward its victim, and give you a reasonable time for reflection and repentence. Improve with sleepless diligence the brief remnant of your earthly existence, and let the proceedings of this day impress upon your mind the necessity or a suitable preparation to stand in the presence of that Judge whose frown is eternal death. The condemnation of this tribunal will sever all the ties that bind you to this world and its fleeting concerns, and leave you entirely free to secure the favor and grace of Him who has power and will to forgive the penitent. Would to Heaven that you could live long and be a blessing to society, your friends and family, but you have made the forfeit of your own choice. The stern mandates of the law must be obeyed, and you must die.
     "The sentence of this court then is, that you be remanded back to the jail of this county and remain there in confinement until Friday, the 17th instant; that on that day you be taken thence to the place prepared for execution, and there between the hours of one and three o'clock of said day, you be hung by the neck until you are dead, and may God have mercy on your soul."
     Previous to this sentence being given the defendant moved an arrest of judgment and sentence, which was overruled and the case was taken to the supreme-court on a bill of exceptions, assigning twelve errors. The supreme court reversed the judgment of the district court and ordered a new trial, which was held upon a change of venue at Fairfield, where a verdict of manslaughter was rendered, and Herriman sentenced to eight years confinement in the penitentiary at Fort Madison. About three years after Governor Hempstead pardoned him and he was released.
     At the time of Herriman's trial in this county much feeling was manifested, and after the sentence the necessary preparations were made by sheriff Wilson to carry it out. A gallows was erected on the ground east of and adjoining the cemetery in the southwest part of Washington, and the rope bought. On the day appointed for the execution, the town was full of people, out their curiosity was not satisfied, as a messenger bearing a stay of proceedings from Judge McKinley, of the supreme court, arrived about three hours before the time for hanging. Much chagrin and disappointment was manifested, but no disturbance took place, and the people quietly went home.
     The circumstances of this murder were as follows: Some time previous to the election it was rumored about that Herriman was a convict, who had served his time in the Ohio penitentiary, and that consequently he was not entitled to vote, and threats were made by several persons to challenge his right to vote. These facts reached the ears of Herriman, who being a quarrelsome and dissipated man, threatened in return to "show any man" who

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should do so. Herriman was not challenged at the election, however, and several days after Herriman went to the residence of Mr. Disney, where were also Messrs. Moray and Sewel1. He was intoxicated and it was with much difficulty a quarrel, and perhaps a fight was prevented then, as Herriman seemed determined to chastise somebody for the insult given him. After considerable persuasion, he was somewhat quieted, and the party went to the fence in front of the house. About this time, Miller, the murdered man, rode up on a horse, having a child with him. Miller stopped, and Herriman accosted him with: "And you're another of the God damn sons of b-- who was going to challenge my vote." Miller setting the child off the horse, got off himself, saying: "Well, what are you going to do about it?" Herriman replied. "I'11 show you"; at the same time raising his gun and shooting Miller, and killing him almost immediately. Herriman was, after considerable struggling, in which he was knocked senseless with a club, arrested by the other men present.

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