Scott Co, Iowa USGenWeb Project
Scott Co, Iowa Crime Files - 1871
Contributed by Cathy Labath
Davenport, Scott, Iowa
October 2, 1871
Cook LeClaire Case
This case mentioned in our Saturday’s issue has been
postponed until December 11th. Mr. LeClaire informs us that he has not been
keeping himself away from this jurisdiction to avoid arrest, but on the contrary
has been running back and forth on the river all summer, touching at this point
that he was not “jugged” as stated, nor in any way deprived of his liberty;
that he is ready and willing to defend himself at Court at the proper times, and
there is no doubt that he will do so.
Joseph Disney against Gust. Schnitger, before Justice
Thorington. This is a case that was up for hearing today, which involved the
question of the Sheriff’s right to put a vagrant upon the “stone pile”.
The plaintiff, was bound over by B. L. Peters, Esq, to appear at the District
Court and answer the the charge of being a vagrant, at the term of the District
Court. The Judge ordered the Sheriff to put all vagrants to work; among others,
the plaintiff worked eighty-four days, in preparing macadam. For the value of
his labor expended, he sues abating enough on his bill to make the sum of one
hundred dollars. The above were the facts. Foster and Gabbert, attorneys for
plaintiff: J.W. Green for defendant. The Court held that the statute on vagrancy
allowed the taking up of persons coming within the statute, and on examination,
before a magistrate, that he only had the power to bind over to appear at the
next term of the Court; that at that
term, if the party charged desired a hearing he could have one, otherwise the
finding of the magistrates stood and operated as a conviction, and the party
charged with vagrancy was subject to all the rules and regulations in reference
to prisoners convicted of crime were subjected to such as working etc. provided
by law. The judgment of the Court is for the defendant, and that he have
judgment for costs.
Oct 5, 1871
A cap named Claus Schraeder made himself notorious last
evening at the residence of M. Paul Deutsch on LeClaire streets by trying to get
up a row. He came out of a saloon near by and seeing two daughters of Mr.
Deutsch standing at the gate rushed toward them being in an ugly state of
intoxication. Mr. Lucien Deutsch came out and as the ruffian ran into the yard
by main force pushed him out. Drawing a big knife from his pocket, Schraeder
made for the young man, who was obliged to retreat. Mr. Jas. W. Means coming up
just as Schraeder was nearing Deutsch seized a piece of scantling and by a
well-directed blow laid the villain flat on his back. After a struggle the knife
was taken from him, the police were notified and succeeded in taking him to
jail. This morning he was taken before Justice Peters for an assault upon the
young man Deutsch and put under bonds of $500 and committed to jail.
Oct 6, 1871
Gerald Krack was brought up before Justice Peters this
morning on an information filed by Chief Engineer Malachau, charging Krack with
disturbing the peace of the Fire Department by throwing stones at the men and
using abusive language. It appears that while he and his wife were looking on at
the fire last night the nozzle of the hose was brought to bear unintentionally
upon his wife, soaking her down in a very effective but unpleasant manner, and
that Krack became enraged and hurled several rocks at the innocent firemen. He
plead guilty, and was fined $3 and costs, which he forthwith paid.
On yesterday, as Mr. James Malloy, an honest and peaceable
old farmer living near the city, was stopping at the Six Mile House, he was set
upon by old Tom Maloney and his son who began using abusive language to Malloy,
and finally followed up with an attack upon the old man, old Tom striking him a
heavy blow on the side of his head and fracturing the skull. Malloy filed an
information today before Justice Thorington for the arrest of Maloney and his
son, a warrant was issued, and they will doubtless be in the custody of the
officers by morning.
October 7, 1871
The case of H.L. Stowitts of Pleasant Valley who was
arrested on the charge of taking a load of corn about 25 bushels, which had been
levied upon him by the Sheriff was heard before Justice Peters this morning .
J.W. Stewart Esq. Appeared for prosecution, James T. Lane, Esq. for the defense.
It appeared from the testimony that the defendant had a chattel mortgage on the
property and consequently it was not rightfully held by the Sheriff, the title
being in the mortgage. Stowitts was therefore discharged.
Two drunks were up this morning-Reuben Daniels and Joseph
Miller, who were each muleted $1.00 and costs and paid.
Saturday, October 16, 1871
Arrested for Incendiarism.
Nicholas Schlabach, who has been
driver of the Scott House Onibus for some time, was arrested yesterday morning
charged with setting the fire of Saturday Night. Circumstantial evidence seems
strong against him. His case is up before Justice Peters as we go to press. Mr.
Humphrey testified as to the fact of this discharging said Schlabach about three
weeks ago: no reason given.
Mrs. Margaret Hass, who lives near the locality of the fire, testified that the desendant came into her saloon and asked for a handful of matches, about ten minutes before the alarm was given; he looked wild and had lost his hat. She told him next morning she believed he laid the fire; he told her to be quiet, as it might be a bad thing for him.
Dastardly Attempt at the Life of Dr. Lyon
His Dangerous Condition-Excitement over the Affair.
The city was much shocked and
public feeling was considerably excited over an event which transpired on
Seventh street on Saturday night last. The news was circulated that Dr. George
F. Lyon had been fatally stabbed by one Dennis Delaney, and Irishman who is
employed in the railroad shops at the depot. The facts of the case appear to be
these: The Doctor and Delaney reside next door neighbors on Seventh street
between LeClaire and Farnam. It appears that Delaney's dog was poisoned a few
weeks ago much to the wrath of its owner who had charged Dr. Lyon with it. On
Thursday last a second dog of Delaney's died in front of its owner's gate from
the same cause, where it lay unburied.
At the time of the alarm of fire on the evening mentioned, the Doctor came out upon the porch to see the fire. The gate opens to the street from the steps, which are raised some five feet above. No sooner had he reached the steps than Delaney, who had all this time been brooding over the loss of his canine, came to the gate and said in a threatening tone, "If you don't bury that dog I'll fix you," saying something about giving him five minutes to do it. The Doctor at once denied the poisoning of the dog, saying he knew nothing of the matter whatever.- Delaney again accused him, when the Doctor replied, "You can't prove that, Delaney; I never had anything to do with it and don't know who did it." Delaney then said, "I'll settle that when I get inside," and suiting the action to the word, rushed up to the Doctor, caught him around the waist, and stabbed him in the abdomen, bringing the knife around and laying open his left cheek.
The deed was done in an instant. The Doctor tore himself away from his would be murderer, leaving his vest in his blood-thirsty hands, and jumped over the fence, out of his own yard into the street, his bowels protruding, calling for help, while his murderous assailant made for home. Messrs. Moses Hobbs and F.C. Gilman, near neighbors, who happened along, came to his aid, and about this time the wounded man's sister came out of the house. They immediately carried the Doctor into the house, and Mr. Hobbs ran for medical aid.
Drs. Worley, Peck, Middleton and Cantwell all soon arrived, and found the patient in a seemingly precarious condition. About five feet of his intestines were out, and he was in a state of considerable suffering. Chloroform was at once administered, his bowels were replaced, and the wound, about two inches in length, was closed with stitches. His cheek was dressed, and his case was put into the hands of Dr. Worley...
October 17, 1871
Nicholas Schlabach, who was up before Justice Peters last
evening, charged with starting the fire of Saturday night, was discharged, the
testimony given on the part of the prosecution being insufficient to convict,
and the previous good character of the defendant going to prove his entire
innocence. His wife also testified that he was at home a half hour previous to
the alarm of fire.
The Rockingham ill-fame case is up at this court this
afternoon, a “re-hash” of the old case, with John Harms as prosecuting
witness, and Priester defendant, G.E. Hubbell for the State, E.Claussen for the
The Stabbing Affair.
Condition of Dr. Lyon.
The man Delaney who attempted the
life of Dr. Lyon on Saturday night, was brought before Justice Thorington on
yesterday. The father of the wounded man, Mr. Wm. F. Lyon, filed an information
against the accused for “assault with an attempt to commit murder.” Gen. J.B.
Leake appeared for the State, Messrs. Martin & Murphy for the defendant. On
account of the critical condition of Dr. Lyon the prisoner was remanded to jail
where he will be kept until the result of the condition of the wounded man is
more clearly known.
We learn from Dr. Worley, who is in constant attendance upon him, that Dr. Lyon is getting on nicely, that his condition is more favorable and that even the patient himself is much encouraged. His life is not, however, yet entirely out of danger, and a day or two longer is required to judge as to the permanent result.
October 18, 1871
The Maloney-Maloy Assault.
Maloy a Maniac.
Assailants Held to Bail.
It may be remembered that some few
weeks ago an account appeared in he Democrat of an assault made upon the person
of James Maloy, an inoffensive old man, an Irishman by birth, and living in Long
Grove, which was made by Thomas Maloney and by his son Tom. A blow was given the
old man by the hand of the burley Tom, senior, at the corner of the right eye,
which caused an internal injury. The assailant at the time was brought up before
a justice on the Wapsie, fined a small amount and let loose. A few days after
the injured man swore out a warrant before Justice Thorington, in this city for
the arrest of Maloney and son. We saw him at that time and he then appeared much
shattered by the wound which was plainly perceptible. Since that time the
effects of the blow have become extremely serious; inflammation set in, the old
man became crazy from it, and now is an inmate of Mercy Hospital, a raving
maniac, passing from one spasm to another and is in a dangerous condition, his
live hanging by a slender thread.
On the 14th inst, Dr. Maxwell, his attending physician,
felt it his duty to file an additional complaint against the two assailants.
They were immediately arrested and this morning brought before Justice
Thorignton. They gave bail in the sum of $2,000 for their appearance on the 25th
inst, when the condition of Maloy will be better known.
The Story of a Stolen Meerschaum.
The police of this city, as well as Rock Island, have had considerable to do with one James Bell, a keeper of a saloon over the river, where congregated the worst characters of the community. On Sunday last Bell and his wife came over to this city on a visit to one Wm. Davis, a "sporting man" who lives down on Second street, between Brown and Warren. While there Davis and Bell stepped over to the store of Herman Sievert, where Davis purchased some groceries. On their return Bell said to Davis that he had "snaked the Dutchman's pipe." Soon after their departure from the store Mr. Sievert missed his meerschaum, the loss of which he at once communicated to policeman Kressler, stating that no one had been in the store but the two men named.- The officer and Sievert immediately went to the house of Davis, where Bell was arrested. The wife of the prisoner started for Rock Island abut the same time with the stolen pipe in her possession. Davis, under instructions from Kressler, on the next day went over the river to get possession of the stolen pipe. On the same day Bell was brought up before Justice Peters, charged with larceny and held on the sum of $200 for his appearance yesterday, which he paid, so that when Davis arrived at Bell's, he found the doughty proprietor at home. He made known his business, saying he had come after the pipe. Bell at first refused, as he said they wanted it as evidence against him at trial. Finally, by persuasion of Davis, he called on two pals, Gartland and Theodore Case, gave them the pipe and told them to give it back to Sievert. On Monday evening the two chaps came into Sievert's store and purchased some coffee and tobacco. The vigilant Kessler was near by, saw them come out and concluded to follow them. While on their track the though struck him that they had brought the pipe back. He immediately went back to the store, put his hand into a barrel on which Case had been leaning and pulled out the stolen meerschaum.
Yesterday the day for Bell's examination the prisoner did not appear, having left the community and jumped his bail. Gartland and Case have been up before Justice Peters to day when the above facts were elicited from the testimony of Davis and Kessler. J.W. Green appearing for the prosecution. W.A. Foster for the defense. The case is still in progress as we go to press.
October 20, 1871
The Maloy Homicide.
On yesterday afternoon Coroner
Tomson held an inquest upon the body of James Maloy who died at Mercy Hospital
Wednesday night, from the probable effects of a blow given him by one Thos.
Maloney. The jury was composed of Messrs. A.Oliver, E. Oliver and Farmer Pearman.
The witnesses examined were Drs. French , Cantwell and Maxwell, all of whom had
been in attendance upon the deceased during his sickness. As regarded the
effects of the blow being the cause of death, Dr. French testified that he saw
nothing that warranted him in saying that such was the cause. Dr. Cantwell
stated that he had attended the deceased during part of his illness; could not
tell what was the cause of his death, while Dr. Maxwell thought his death was
the result of congestion and inflammation of the meninges and that they were
caused by the blow or blows received on the left temporal region.
Drs. Grant and Middleton were examined this morning both of whom corroborated French’s evidence. The jury adjourned till tomorrow at 10 a.m.
The Larceny Case.
The two boys, Gartland and Case were up before
Justice Thorington, this morning, and the trial resulted in the discharge of
Gartland and the fining of Case the sum of $25, and costs, as an accessory to
the crime of the man Bell, in default of which he was committed to jail.
October 23, 1871
Two cases were up before Justice peters this morning F. Fitzpatrick, for intoxication, was fined $1.00 and costs. John Gates, for disturbing the public peace, was fined $3.00 and costs, both of whom paid.
October 26, 1871
A Sad Case
A young girl named Lottie Wilson was arrested by Policeman
Dodd and brought up before Justice Peters, on the charge of vagrancy and being a
common prostitute, this afternoon. This is one of those instances which commands
the commiseration of the community who cannot but deplore the fact that numbers
of these disgraces to society are among us, and although young in years are
thoroughly steeped in crime, and the only remedy at hand is a brief stay in the
county jail, from which they emerge as bad as ever. The crime, therefore is only
checked for a time and nor cure is administered. One of the most benevolent
institutions which could be established by the hand of charity would be a home
suitable for these outcasts where proper influences could be brought to bear
upon the inmates which would have a lasting benefit. But that is not to be found
in our State. The girl was bound over in the sum of $300 and committed to jail.
November 3, 1871
Henry Schmidt for intoxication was fined $1 and costs and
paid. James Sullivan for drunkenness fined $1 and costs and for disturbing
the peace, $5 and costs, part of which he settled and was let loose on
consideration of leaving the city.
Nov 7, 1871
THE MALOY CASE
This case has occupied the attention of Justice Thorington's Court for the last ten days was conducted this morning. Never probably in the annals of a Justice Court has so much interest entered into a criminal case, and elicited so much research and labor as this. Messrs. Parker & Twomey and John Gallagher for the prisoner have been untiring, while on the other hand, W.H. Foster of the firm of Foster & Gabbert, and L. Bruning, of the firm of Cook & Bruning, have displayed the ability and talent that belong to older counsel, and those of more matured experience. The closing argument of Mr. Foster was a fine effort on behalf of the State, and his closing remarks were feeling in the extreme. In according these words of commendation in favor of one young friend, we could say equally much for his associate counsel. Mr. Bruning, and their opponents, Mr. Twomey and Mr. Gallagher, but space will not permit. Their compliment to the court that tried the case was well deserved. We now bid adieu to this exciting and tedious case, by giving the opinion of the court on discharging the prisoner:
"The defendant is charged with the crime of Manslaughter and the case may be briefly stated. In inflicting a blow with the fist on the left temple organ of one James Maloy by the defendant, at the 5 mile House in this county, on the afternoon of the 30th of September last, from the effect of which, or from the disease caused by reason of the infliction of such a blow, the said James Maloy died on the 18th day of October last.
It is not urged by Counsel, nor does it appear in evidence, that the fatal blow (if such it was) was believed to be fatal at the time it was inflicted, or would produce fatal results.
Deceased, a few days after the inflicting of the blow mentioned, caused defendant to be arrested and fined for assault and battery, and still later, he caused defendant to be arrested and brought before the Court, on information sworn out by himself, for the purpose of binding defendant to keep the peace, deceased still laboring under the influence of the wound inflicted as is alleged, sought medical aid, and from that time rapidly sunk, until death ensued, and died at the "Mercy Hospital," near this city, as has been said, a raving maniac.
The conflict of testimony as to whether the blow caused the disease that produced death, either directly or indirectly by some disease following as a consequence of which he died has been the subject of contention before this court. It is to be regretted that the testimony has been of such conflicting character, emanating as it does from gentlemen of the medical profession, of eminent ability as surgeons and of irreproachable private character in society as men and good citizens; that difference, however, has been extreme.
It is the province of this court to weigh well the testimony in the case, and if we believe a petit jury on the trial of the case in the District Court of this county, with all the evidence adduced before me, was produced before such petit jury, and they would, in my judgment, pronounce the defendant "guilty", then it would be my duty to hold the prisoner. If this court should believe that such jury would say "not guilty" then I should discharge him.
It is conceded by counsel on both sides that in a trial before a petit jury no new evidence could or would most likely be introduced changing the facts already presented to this Court. We have also been reminded that it is our duty to hold the prisoner, thereby relieving the court of permitting a person guilty of committing a crime going forth unpunished, if discharged. Fully impressed with the responsibility resting upon us as a law abiding citizen and having a large family to restrict, and knowing also that Scott County Grand Jury, is now is session and that the defendant is not likely and will not flee the county. I am free to act, and leave the responsibility of any cost, or unjust prosecution to rest with them and not upon the Court. Therefore, considering the great doubt of the defendants guilt, and giving him the benefit of that doubt, as it is my duty to do, I therefore find the defendant not guilty of the crime of Manslaughter, as charged against him, and now order the defendant be discharged from custody."
Nov 10, 1871
Gerhard Schmeenck was fined $3 and costs for disturbing the
public peace and especially the private peace of a Third street car driver, to
all of which he forthwith took an appeal.
Nov 13, 1871
Hard to Handle
On Saturday evening about five o’clock a raftsman was
found in a drunken and beastly condition on Front street, fighting with any body
who came along, and was taken into custody by Marshal Keating and policeman
Kesseler. He was not so casually handled, nor so drunk but what he could fight
like a tiger as the officers soon found out. An empty dray was levied upon, on
to which they dragged the fellow, who resisted by kicking and biting in the most
furious manner. They managed to keep him “together” until they reached the
corner of Main and Third street, where the chap, despite all the exertions of
the officers, rolled off the dray into the mud. He presented a tearful
appearance. He had fought until he had but little clothes left upon him, was
bare to the waste, and beside foaming at the mouth with rage. A crowd collected
at the corner, which gathered around him, but woe to the man who came within
reach of his boot, for boots he still had, and made lively use of them. Finally,
with the help of several, he was taken by main force and lifted on to the dray,
his captors threw themselves upon him, and to jail he was carried, howling, “kill
me, kill me, I am willing to die!” and other cheerful phrases. This morning he
was brought before Justice Peters, where he gave his name as John Fay; he was
fined $1 and costs for drunkenness, and put under $500 bonds for resisting the
officers, and in default was remanded to jail until the 16th inst., when he will
be brought to answer the latter charge. He was very penitent this morning, and
said that he did not know what he was doing on Saturday. The police are not
anxious to get hold of such a case every day, we’ll warrant.
The case of Lamb vs. Delaney, to recover $2000 damages for
slander, was ended by a verdict for plaintiff in the sum of $1000. John
Gallagher for Plaintiff; W.T. Dittoe for Defendant.
Nov 14, 1871
Yesterday afternoon two lads entered the Plunder store on
Second street, and one of them crept stealthily around the counter while Mr.
McCabe was busy at the other end of the room, and opened the till. He abstracted
there from the sum of eight dollars in greenbacks and retired as silently as
they came. The money was quickly missed and the police were put on the track and
soon found two boys on the ferry boat and arrested them finding $7.50 in the
pocket of one. They were taken before Justice Peters, when they gave their names
as Frank Gardner and William E. Lewis, both fifteen, the former living in St.
Joseph Mo. And the other in St. Louis. They both confessed to have lead the
lives of thieves and vagabonds for about four years, had been all over the West
living by the use of their light fingers. Justice Peters sent them to jail to
await their examination by Judge Richman as candidates for the Reform
Nov 17, 1871
The case of the state against Jno. Guglemeyer was up before Justice Thorington yesterday afternoon. The case was one of too frequent occurrence and which results in divorce cases. We are not prepared to say who of the parties in the first place were to blame, as it appeared in evidence before the Justice. It seems defendant's wife filed two complaints against him; one for assault and battery and the other that he might be put under bonds to keep the peace.
The evidence disclosed the fact that she was jealous, and form her statement, had cause to be. From crimination and recrimination, and from words they came to blows, and as in all such conflicts the woman was worsted. There were no signs, though, of abuse on her person. From remarks made from time to time and acts of the husband in bringing into the house such weapons and tools as were usually kept in the barn, aroused her fear, and she asked the Court to put him under bonds.
The defendant was found guilty of the assault, and the Court assessed a small fine which with the costs amounted to $10. Defendant was put under bond in the sum of $500. The costs and fines were paid and the bond given and the parties were again at liberty. The infant at the breast lisped its innocent prattle of "papa, papa" the father smiled, and the little fellow extended his hands toward the sire- and in a moment the little fellow was in the embrace of a fond father's arms. The mother seemed pleased at the fond meeting of the father with her babe. It was of but short duration, the child was returned to the bosom that is to nurture it in its tender years, and the father with sisters and mother left the hall of Justice Thorington's Court. If expressions can be relied on, he will make his home a desolate place, and the abode of sorrow to the mother of his children, and probably a disgraced family for those children to inherit. We hope they may see the error of their ways before it is too late, be it whom it may be to blame.
Messrs. Myton & Gould Atty's for the State. W.F. Dittoe for the defendant.
J.S. Richman, Judge.
Lyman A. Ellis, Prosecuting Att'y.
M. D. Snyder, Clerk.
G. Schnitger, Sheriff.
The case of LeClaire vs. Whisler, which has occupied the attention of the Court, the bar, and a considerable number of disinterested citizens, for several days past, went to the jury this morning at about 11 o'clock. The general impression among many who followed the case through seemed to be that the plaintiff was entitled to to, and would receive a verdict as prayed for. No verdict on going to press.
The judge announced this forenoon that no more jury cases in civil actions would be heard during this term; that next week would be devoted solely to criminal business.
The grand jury has reported true bills in the following cases:
State vs. Cuthberth, for bigamy.
State vs. Geo. Hendricks, Ed. McCullough and Wm. Smith, for larceny.
State vs. Michael Koester, for larceny.
State vs. Edward O'Donnell, assault with intent.
State vs. Richard Terrill, resisting officer.
Nov 20, 1871
The cases of Willi vs Thomas, wherein two are arraigned for
marrying, while minors, was continued before Justice Thorington until tomorrow.
The case of State vs Arthur Rooney, comes up Wednesday
morning. Rooney undertook to distrain some cattle belonging to one Wm. Arnold,
cut on the Wapsie, and said Arnold refused to be strained in any such way.
Whereupon Rooney proceeded through him and is therefore arrested for assault and
battery. Officer Dodd went out on Saturday and apprehended him, bringing him
into town at a late hour. Justice Thorington heard the case yesterday and
adjourned it until Wednesday morning. Foster for the State, Messrs. Cook and
Thompson for defense.
Nov 21, 1871
The case of Thomas vs Willi was concluded before Justice
Thorington, today and resulted in discharging the defendant. The point sustained
by the Justice was that the oath necessary for procuring license was not
properly administered. The parties, therefore, are legally married.
The case of Struck, for assault and battery, is on as we go
Case of State vs Sievers, for adultery, dismissed.
This morning case of State vs. Ed O’Donnell taken up.
Defendants in this action charged with assault and attempt to pick a pocket at
the Scott County Fair Grounds in September last. Ellis for state, Foster and
Ingham for defense.
Wednesday, Nov 22, 1871
In the case of State vs McDonnell, charged with being a
pickpocket, the jury found a verdict of guilty, yet recommending him to the
mercy of the court, Judge Richman sentenced him for three months, which was
surely a merciful dispositio of the young law breaker.
State vs. Geo Hendricks. The defendant is a river man,
hails from Zanesville, Ohio, is a steamboat cook. About the middle of September
last, the accused and several boon companions, while trying to drink out a
saloon on Front street, between Brady and Perry, got a man named J.M. Broad
pretty thoroughly drunk, so drunk that as alleged, he made an easy capture of
his best gold watch, valued at about $80. The police ferreted the matter out,
found the watch and captured the parties, who have been in jail ever since.
Trial today; Ellis for State; Foster for defense.
The Grand Jury is still in session and have reported the
Harry Clinton, for larceny,
Carl Schroeder, assault with intent to inflict great bodily injury,
Gustave and Anna Priester, for keeping house of ill-fame,
Christian Page, malicious mischief-throwing stones into a neighbor’s windows.
Nov 23, 1871
Jury in case Geo. Hendricks charged with larceny, found him not guilty. The decision let McCullough and alleged confederate out of limbo also; leaving the burden of the offense with Wm. Smith upon whom the Staten watch was found. He awaits trial until February term, meanwhile boarding at the county jail.
Judge Richman sentenced Ed. O’Donnell, convicted of pocket picking at the Scott County Fair, to four months’ imprisonment in the county jail.
Nov 25, 1871
Her name is Lottie Wilson-a girl of seventeen or eighteen years, who has fallen into bad hands and evil practices. She came here from somewhere a few weeks ago and has been in jail most of the tie since. She got out yesterday morning and before eight o’clock was back again.
About seven o’clock she went into W.K. Lindsay’s jewelry store on Brady above Third and asked to see some lockets which were shown to her. While looking at them another customer came in and Mr. L., who was alone behind the counter, stepped to the rear end of the store to bring something the lady had called for, leaving the girl with the lockets. As Mr. L. stepped back, she caught up the best locket, valued at $9, and ran out. Mr. Lindsay asked the lady to stay a moment in the store and gave chase down Brady along Third to Main, where Mr. L.'s breath gave out, when his nephew, Theo. Eagal Jr. came on and took up the chase, capturing the thief at St ???? corner. They walked her back to the store, a policeman was called in and he was soon in jail. Mr. Lindsay recovered his property in a damaged condition, he having managed ??? way, to bruise the case and break the glass clear through. She was fined $5.00 and costs, which she insisted was $15 too small, and is in jail again. The House of Correction is the proper home for five years at least.
Nov 27, 1871
The Saturday fight, corner of
Second and Iowa streets, was called into Court. Finally Cochlin, the plaintiff,
withdrew the case and the Kelley’s paid the costs-$7.65, and there the matter
Frank Hall undertook to drink out a benzine saloon, but it was a bottle or so too much for his coppers, and he slid under the table, so into Court, and stood $5 and costs which served him right.
And now comes John Lines, as is his regular custom every six months chuck full of “instant death” and was persuaded to put up $5 and costs as the sum of offending.
These drunks are expensive. On an average the expense of getting away with a quart of poor whisky is a 300-hog. That kind of business will hardly pay farmer Lines, or any other man.
Dec 4, 1871
About a month ago, Hans Riemer sued Isaac Hansen, a street car driver for forcible ejectment from the cars, placing his damages at $100. Change of venue was taken from Peters to Thorington and as the case was coming up to day the parties appeared, the quarrel settled, The Railroad Co., paying the costs.
Dec 5, 1871
Samuel Harding was brought over from Peoria today , having been arrested there on charge of grand larceny. On the 7th of November last, he was started to Davenport by Daniel Murphy, of Peoria with a team of horses and load of tinware-the latter valued at $500, to be placed in the hand of Murphy’s brother here, for disposal. It was soon found that he did not come to Davenport, but that on his way, had fallen in with a scamp named Tom Payne, and together went off on a stealing expedition. Detectives were put on their track, and they were traced through parts of Iowa and Illinois, but not overhauled. On Saturday night last he was arrested in Peoria, under his mother’s bed. For want of jurisdiction in Illinois he was brought here for trial. One of the horses was killed by overdriving; the other in a used up condition, and the wagon, are at New Boston. Trial before Squire Peters.
Last evening about half past seven o’clock, as he was going home from market, Mr. N. Bergstrine was assailed at the corner of Main and Seventh street by two foot pads, one of which caught him, from behind, by the throat and placed his other hand over his mouth; the other gave him a violent blow below the belt, and at once proceeded to go through the victims pockets. At that moment, fortunately, two persons have in sight, at which the ruffians took alarm and beat a hasty retreat down Main st. Mr. Bergastrone picked himself up and went home, with his money in his pantaloons pockets. He lost nothing but his temper, and you would lose as much yourself. Keep a look out for that kind of vermin.
Dec. 6, 1871
It was conclusively proven that Willis Smith and John W. Bogarth were accelerated by bad whisky yesterday evening. It was the opinion of Justice Peters and the witnesses. The twain were so full when they retired, that when they arose this morning the pocketbook of one had found its way into the pocket of the other. Smith was the alleged thief, and Bogarth had him arrested for attempted robbery. Squire Peters bound him over to appear at the next term of court in the sum of $300.
Dec. 7, 1871
Ella Cullers put in appearance this morning before Justice Thorington, on the charge of vagrancy. Ella is a gushing young lady just turned fifteen, and as she has no visible means of support, and was given to wandering about; complaint was lodged against her. She was somewhat nonplussed in facing the Court.
The Court-“You must get yourself to some honest calling and endeavor to commence at once to live an upright life, or the day will come when it will be too late. You have until tomorrow morning to get a place. Here is a letter to a humane gentleman in this city, who takes an interest in helpless girls, if they show any disposition to help themselves, and to act honestly. You can go and see him.”
Miss Ella-“ Where does he reside. I will go, and if I can get a place that is respectable, will accept it, and will do right.”
The Court.-“ He resides on Brady. Dr. Wunderlich, you can let her her go until tomorrow morning at nine o’clock and if she gets into a decent employment you need not disturb her; otherwise, you may bring her before me tomorrow morning, to which time this case is continued.
Dec. 13, 1871
Yesterday Dr. Hazen obtained a
verdict against the city of $17.50, the amount claimed on damages to his buggy,
by reason of a bad place in the streets.
John Friday, of Rockingham township, was bound over in the sum of $500, to abstain from thrashing the schoolmaster in his district, whom he had threatened to whip for sending his (Friday’s) boy home from school. Peace and good will again reigns in Rockingham.
Case of Ceck vs. LeClaire assault
and battery; defendant fined $25 and costs. The alleged highway robbery branch
of same case postponed until the 18th inst.
Ed Boersch, of St. Louis House in court on charge of assault and battery on Carl Ulrich, an employer. It seems he had discharged Ulrich, who, when demanding his pay, Mr. B. undertook to whip. The table seemed to turn and Boersch got whaled; and so there are cross suits in progress.
Case of Stealing.
Since last spring, merchant tailor McCullough has had a lad
in his employ, a clerk, whom, as it has lately been ascertained, has been, for
some months, indulging in the dishonest practice of abstracting goods from the
store, and selling them to small concerns in the same line of business about
town. Mr. McC. had several times found himself unaccountably short of different
kinds of trimmings but had no well grounded suspicion that anything was wrong
with his help. A few days ago it transpired, however, that a special brand of
goods, which he alone had in this market, were being used elsewhere. He charged
the theft upon the lad, who confessed the crime-and having done so no
prosecution will be entered. He examined several stocks in the city, and
identified some part of his goods this morning. As far as he yet knows, the
goods stolen consist of sewing silks, buttons, buckles and basting buttons. He
found about $30 worth of goods, which is but a fraction of the amount lost. It
is a little strange that men will encourage a boy in this evil practice. They
must know that the goods are stolen-the quality of the article offered and the
price paid is sufficient evidence to any man, how the same were obtained.
December 15, 1871
Case of S. Nilsson and G. Freburg, charged with receiving stolen goods-abstracted from the store of Thos. McCullough by his clerk-as chronicled in yesterday’s Democrat, up for hearing this afternoon.
Police Court. The Boersch-Ulrich case pending yesterday. Both parties fined $6 and costs.
December 19, 1871
Brown & Sully vs. J.A. LeClaire; Jury trail; action to recover $500 retainer claimed to be due. It appears that defendant. had at one time consulted plaintiff upon a case which they did not see fit to take hold of. Defendant afterwards employed another attorney. Verdict for defendant.
Cook vs. LeClaire-action for highway robbery. It appears that Cook had sold LeClaire a horse and got the money. The horse, not proving as represented. LeClaire, collared Cook at Lorten’s stable and “persuaded” him a little. Verdict for defendant.
Jas. Mauzy, an old soaker, who had given bonds six months ago, to keep sober, was arrested at depot last evening thoroughly drunk with face badly frozen. Was to jail, brought before Peters, this morning and required to renew his bond. On representation of Dr. Middleton, the Squire issued a permit for his removal to hospital. His face is badly frozen.
Dec. 20, 1871
Brown & Sully vs. Henry LeClaire-not J.A. LeClaire as
per our report of yesterday. Action for recovery of $250 retainer fees. It
appears that defendant, with his attorney from Springfield, Illinois, came to
this city some eighteen months since to make war upon the LeClaire estate;
retained plaintiffs, who went into consultation with defendant’s imported
attorney, and worked in the case a long time-until they discovered that other
counsel had been employed, without their consent. The verdict of the jury was
adverse to the claim; but the end is not yet.
Dec. 21, 1871
All Buffalo seemed to throng Justice Thorington’s Court this morning. There was Charles Hoffbauer, Geo. Bald, Geo Huhn, W.S. Boles and W. Keller, as defendants-charged with the crime of assaulting and maltreating one August Wolters, using deadly weapons with the intention of committing murder.
Constable Dodd stood at the head of his class, having brought them in, last evening, part stopping at the Schnitger House, and others of them at other hotels in the city. They were not ready for trial, and the cause was continued until the 29th inst, at 9 o’clock A.M. when we may expect a big time in the Court.
Geo E Hubbell for the State. Foster & Gabbert for the defendants.
Dec 15, 1871
Circuit Court- Case of Carlin vs. Woodward, admr, went to the jury to-day at noon. Verdict for plaintiff of $1469.64
Justice Court- The State of Iowa vs. S. Nilson- this is a case where the defendant is charged with the crime of purchasing stolen property, the value being less than $20.
The evidence disclosed the fact that a delivery boy aged 15 years, in the employ of our fellow citizen, Thomas McCullough, on Brady street, purloined from time to time tailors material, consisting of valuable silk thread, buttons, &c., and sold the same to defendant, doing business on west side of Brady, above 5th street.
The case was concluded this morning and the defendant found guilty.
"Let the defendant pay a fine of one dollar and costs." Geo E. Hubbell, for the State and Foster & Gabbert for the defendant. Defendant appealed.
The case of G. Friberg charged with the same offense, comes off on Tuesday, at 9 o'clock A.M.
Police Court- One inconsiderate drunk.
Dec 22, 1871
A Scoundrel in Court.
This day was arraigned before Justice Thorington one Napoleon DeFoy, a painter by trade, who lives on 12th st., near Rock Island. This man has thitherto been alluded to in this paper as a mendacious fraud on the community, who refused to support his wife and small children, and who has in his own house locked himself and oldest son, a boy of 13 years into an upper room and there cooked and ate, while his wife, and five small children, one only a fortnight old were left down stairs in a destitute and helpless condition.
DeFoy was this day arraigned, on action of book account, wherein the Directors of the Poor of Scott county were plaintiffs.
C.G. Blood, sworn- Am a director of the poor of this county. My attention being called to the destitute condition of defendant's family, I visited his house to ascertain the correctness or falsity of the report. I found the wife of the defendant in a weak condition, just able to sit up, with four or five children about her, their ages ranging from ten years, down to two weeks old. Mrs. DeFoy told me she had nothing in the house to eat, and that there was no fuel for a fire; I looked about the premises and found nothing as far as I looked. It being Saturday evening I sent them up things to last over Sunday, and on Monday sent a larger amount. Did not see DeFoy; but wrote him a note to come to my office; he came; I told him I wanted pay for the goods furnished his family; he said they would probably call for more; would not settle the bill; said he would not provide for her; had nothing to do with her. She told me that he lived in the upper part of his own house, and furnished nothing for his supper, that she was in delicate health, had no food but what the neighbors brought in.
John N. Rogers sworn, said he lived near deft, that his attentions had been called to the destitute condition of the family; had heard his neighbors speak of it several times and went to see how it was. Found Mrs. DeFoy in basement of the house which was unfinished; was told that the man and the son were living up stairs. At a subsequent call saw DeFoy, himself, and asked him why he did not provide for his family; said he wanted to get rid of his wife. He made no pretension that he supported her, and it was evident that he did not take care of his family; that they were in need of clothes, food, and fuel; had supplied them some food from his own house.
Defendant put a bold face upon the matter, declaring to the court, that he would not maintain his wife, but that he would support his children; she might go; that she was not what a wife ought to be.
Judgment for amount of bill, $17.50, and execution issued and placed in the hands of Constable Dodd who was told by the defendant that he might go and take a set of furniture; that it was being split up for fuel, anyhow, and might as well go for the bill.
This was not the end of the matter, for in the Circuit Court to-day, the Directors of the Poor by their counsel, Bills & Block, filed a petition in the Circuit Court, praying for the appointment of a proper person to take charge of all the real and personal property of DeFoy, to secure the proper maintenance of his family.
The probability is that he will find it difficult to evade the authorities. The only way to deal with Mr. DeFoy, or other characters of the same kind, is to let him feel the full weight of the hand of justice
Dec 26, 1871
Business more active with better prospects.
One Immoral Life before the court in person of Anna Rivers, which it was five dollars and costs. Such is life.
One cannibal-the name being J. McGhee, who attempted to eat up a full grown African even in this enlightened city; being caught in the act while yet he had chawed off but one ear, he was arrested, and did penance in the sum of three dollars and costs.
Dec 28, 1871
Justices Court-A solitary case of assault and battery, one Martin Fisher, the assaulter, and a boy named Kirkpatrick, the battered. The former has become very suddenly scarce, but his time will come.
The policemen mediate holding an indignation meeting. The moral condition of society has become so thoroughly established that they have become in a great measure disgusted with the business Niles and Keating are putting their best licks on a series of resolutions expressive of the true state of their feelings to be reported at regular meeting. Reporters, magistrates, and other sympathizers are invited to be present.
On Sunday last, while the entire family of Eugene Birchard,
of Pleasant Valley, was absent, some miserable scamp entered the house, and made
a general assault on the property thereof. He only got away, however, with Mr. B’s
silver watch, a time-piece worth about fifty dollars, and a pair of pants. He
found a traveling valise, and had got a good suit of clothing packed into it,
when he probably got scared. At all events when the folks got home they found
the goods packed up, upstairs, also a vest that did not belong on the premises,
also a pipe. The result of the burglary is that Mr. B. has been forced to
exchange his watch and pants for a pipe, scarf and jacket. The trade was a
little to far over one side to be perfectly satisfactory, but will have to do
under the circumstances-as no clue whatever has been obtained of the other
Dec 29, 1871
All Buffalo and part of Rockingham was attending a jubilee before justice Thorington this afternoon, either as parties or persons in interest in the case of the state vs. Charles Hoffbauer, marshal of the city of Buffalo, and Geo. Bald, W.S.Bales, Geo. Kuhn and Wm. Kelly, posnoncomitatus, charged with assault upon August Walters, with intent to commit great bodily injury, on the night of the 18th? inst. it appears that these several parties went forth to arrest Walters, who showed some fight, made some trials, but finally gave up and was taken away. He now comes back on the Marshal, and posse for uncivil and murderous conduct, in making the arrest on the above named night. Suit pending.
Dec. 30, 1871
Circuit Court. Nine days of the Renwick-Congdon case.
Another week to hear from. Testimony nearly concluded.
Justice Court-Hoffbauer and others
were bound over today, in the sum of $500 each, to attend the District Court.
The particulars of the case run like this: August Walters, a quiet farmer,
stopped the other evening, before a Buffalo saloon, hitched his team, and went
in and sat down. Soon he saw somebody through the window, unhitching his horses
from the wagon. He naturally went out, and made some fuss about it; was assailed
and knocked down with brass knuckles. The roughs got out a warrant charging him
with disturbing the peace, out as he had gone home, and out of the jurisdiction
of the city of Buffalo, the Justice issued a State warrant charging with assault
with intent, in order to procure his arrest and delivery at Buffalo. In the
middle of the night the defendants in this action-Hoffbauer, Bald, Bales, Kuhn,
and Kelly went to his house, drunk, armed with guns, pistols and axes, and when
Walters refused to come forth surrounded the house, and laid siege. One with an
axe battered down the door, while others did promiscuous shooting round about.
Fearing for their lives, Walter gave himself up, was taken to a house of bad
repute, caused to drink drugged liquor, went into stupor from which he did not
rouse until next day.-In an insensible state, he was taken to Buffalo. The State
After an investigation, Justice Thorington bound the parties over. Boles made his escape last night, before the trial was over, and forfeited his appearance bond of $1,000.