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THE BANDITTI OF THE PRAIRIES
A TALE OF THE MISSISSIPPI VALLEY.
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CHAPTER. I.
The valley of the Mississippi River from its earliest settlement has been more infested with reckless and blood-stained
men, than any other part of the country, being more congenial to their habits and offering the greatest inducements to
follow their nefarious and dangerous trade.
Situated as it is, of great commercial importance, and the river whose name it bears, together with its tributaries
stretching four thousand miles north from the Gulf of Mexico, and draining all the country south and west of the great
chain of Lakes, and between the Alleghany and Rocky Mountains, it has afforded them an unequalled chance to escape
detection and pursuit, and thus wooed as it were, countless villains and blood-stained, law-doomed ones to screen
themselves in its bosom.
Organized bands, trampling upon right, and defying all law human or divine, have so annoyed the peaceful and quiet
citizens of this great valley, that in the absence of a sufficient judicial power the aid of "Judge Lynch" has been but
too frequently called in, and a neighboring tree proved a gallows and "a short shrift and strong cord"been the doom of
those who have ever plead vainly for mercy at his bar.
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But this mode of summary punishment only served to drive those really guilty from one section of the country to
another, changing for a time their plan of action and operations, without, in the least, reforming or exterminating
them, while in many instances the innocent were made to atone for the crime of the guilty.
It would be useless to attempt to enumerate the thousand robberies and scores of murders committed from time to time
by the organized and lawless Banditti, and our task shall be simply and plainly to detail the particulars of a few of
the many committed by that portion of the gang infesting the country bordering on the Upper Mississippi. To track them
plainly and fearlessly to visit them in their most secret hiding places, and expose their most hidden plans, is the
purpose of this narrative. This will include, fully, the particulars of the murder of Miller and Liecy in Lee County,
Iowa, also that of Col. George Davenport at Rock Island, in the State of Illinois; also the pursuit, capture, arrest,
trial, conviction and execution of Stephen and William Hodges, John and Aaron Long, and Granvill Young: the pursuit,
arrest, and escape' of Wm. Fox and Robert Birch, and conviction of John Baxter, with the names and places of residence
of a large number of the gang who are yet at large and unsuspected, with their mode of operations in their daring
robberies and murders.
Such is the tale we have undertaken, and we enter upon it fearlessly, in the firm belief that we shall be sustained
and repaid for the time and money it has cost to procure the many facts here set down. At once, then, we begin.
In the fall and winter of 1844, a large number of robberies and murders of the most daring and blood-thirsty kind,
were committed, and yet so perfect was the organization of
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the perpetrators that all efforts to bring them to justice, proved abortive. So great indeed was the terror that they
had inspired, that the good, quiet and orderly citizens, before retiring to rest at night, made all preparations for
resistance that were in their power, and armed to the teeth, with doors and windows securely barred and bolted, laid
down in fear and trembling to wish for the return of morning again.
Among the robberies committed was that of a stage be longing to Frink, Walker & Co., near Rockford, Illinois. A plan
had long been on foot to rob the Dixon Land Office, and this was the end to be accomplished by the robbery of the stage.
It was well known to many that a large amount of money, received from the sales of the public land, was deposited there
and was about to be removed. One of the gang, in order to ascertain the particulars and the precise time of its removal,
took occasion to ask the Receiver "when he intended to go to Chicago;"that being the place where the deposit was to be
made. The Receiver, how ever, being upon his guard, and a prudent man, set the time one week later than he intended to start, and thereby baffled the preconcerted schemes of the robbers.
At the time designated for making the deposit, the stage coach was intercepted, and a trunk taken which was sup posed to contain the land office money. Nothing, however, of value was found in it, with the exception of some rich clothing. Great exertions were made to ascertain who were guilty, but without avail, and the caution of the Receiver was the safeguard.
Some time in the winter of 1844 or early in 1845, it was rumored that a Mr. Mulford in Ogle County, had in his possession a large amount of money that he had recently received from the State of New York. This information was
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communicated to the gang by their friends at Washington Grove, in Ogle County, and immediate preparations were made by them to secure this prize, the amount of which was said to be about fourteen thousand dollars.
To accomplish this it was decided to be most advisable to commit the robbery under the cover of night. Minute in formation being necessary, one of the gang under the assumed name of Harris, visited the house for the avowed purpose of obtaining employment. Mr. Mulford wished to hire for six months, but Harris declined to engage for a longer term than three months, and there was some difference in opinion between them about wages. Harris, after some further conversation during which he. care fully looked around, left with a promise to call again in a few days. How well he kept that promise the sequel will show!
A few nights after this three men entered the house of Mr. Mulford, disguised and fully armed with pistols and knives. Immediately on their entrance one seized a loaded rifle belonging to Mulford, that was standing in one corner of the room, and aiming it at his head, threatened him with instant death if he attempted to move or speak, and at the same time demanded his money. His wife also, who was by his side, was threatened in case she attempted to give any alarm or raise from her pillow.
Mr. Mulford told the robbers that he had but little money and where it was concealed. This, amounting to about four hundred dollars, they eagerly seized, and then by threats of instant death, attempted to make him give them the large sum they thought in his possession. Again and again he assured them that he had given them all he had but thinking that he was deceiving them they began to search the house. The one who had the rifle remained
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at the bedside of Mr. and Mrs. Mulford as a guard, another stationed himself at the door, while the third whom Mrs. Mulford recognized as Harris, searched every part of the house.
Like an old and experienced hand in such matters, Harris allowed nothing to escape him, and even went so far as to bring several large cakes of tallow from the cellar and cut each completely apart, with a stroke of his large bowie knife, in order to satisfy himself that they did not contain money.. A bureau in the room of Mrs. Mulford contained a large quantity of linen neatly folded and arranged, and this also was carefully searched by Harris, who shook each piece out to see that no money was secreted in it, and then threw it carelessly upon the floor.
Notwithstanding the perilous situation in which she was placed, and with death surrounding her on every side, Mrs. Mulford could not quietly see her linen, after the trouble it had cost her to arrange it, thrown into such disorder, and careless of the result, addressed the robber:
"Mr. Harris,"said she, "you conduct yourself very differently from what you did the other day when yon wished to obtain employment."
The unveiled robber sprang to his feet with a loud oath surprised at the daring of the defenceless and heroic woman. With eyes flashing with rage he sprang to the bedside and drawing his bowie knife waived it above her head.
"Lay down and cover up your head! If you utter another word while we are in the house, I will make a stain on the floor that will last long after you are gone!"
Then turning to his comrades, he continued in an under tone, and one in which fear was plainly distinguished.
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"Boys, I must be missing. I'm known, and this is no place for me. A minute more, and I'm off'."
The search was hastily finished, and the robbers left the house with the exception of Harris, who remained for a moment behind and addressed Mr. Mulford.
"Old man, do you intend to follow us?"
"I don't know," was the reply.
"Do you intend to follow us, I say?"
"I can't tell. I have not thought about it."
"You must tell. What do you say, old man?"
"I don't know that it will do any good."
"You had better not! Take my advice and keep still. There are a good many of us, and you could not catch us if you were to try. We shall leave a man with a loaded rifle to guard your door, and if any one ventures out before sun rise a bullet will end their prying. Good bye, old man, we are off, and you follow if you dare!"
With this parting salutation the robbers left, and Mr. Mulford after remaining perfectly quiet for a short time ventured out doors, but could see nothing of his late and unwelcome visitors. In the morning he gave the alarm, and a minute search was made, but without avail. Nothing could be learned in regard to them, and after a short time the matter was almost forgotten in the series of depredations that fol lowed.
In the spring of 1844, a man in disguise entered the store of Mr. McKinney at Rockford, Illinois, during the night, and took from behind the counter a trunk containing about seven hundred dollars, with which he was about leaving, when the clerk, a brother of Mr. McKinney, who was sleep ing on the counter, awoke, and demanded:
"Who is there?"
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"Your brother wants the trunk," was the reply.
"But who are you?"
"Your brother wants the trunk."
"But stop! the trunk can't go. Who sent you for it?"
"Look here," replied the robber, taking the clerk by the hand, and drawing the keen edge of a bowie knife lightly across his fingers: "Do you feel that? it is very sharp, and I do not fear to use it! Keep still and you shan't be hurt, but the trunk must go /"
The clerk, finding that he was completely in the power of the ruffian, and that resistance would be vain, suffered the robber to depart with his prize, without molestation. Immediately, however, he alarmed the neighborhood and search was made, but neither the robber nor trunk could be found. The following day, the trunk was found a short distance from the store broken open and rifled of its contents, but no trace of the robber could be discovered another daring and unatoned-for crime, to be charged to the desperate Banditti of the Prairies.
In the fall of 1844, a pedlar by the name of Miller was robbed of a large amount of goods at Troy Grove, but as usual the robbers remained undetected. A short time after, an attempt was made to rob a man near Inlet Grove 5 by two men who entered the house at night disguised and armed. One of the robbers feigned lameness, and perfectly imitated one Bliss at Inlet Grove, and the other was recognized as Dewey of the same place. Both were arrested, tried and convicted at the Spring term of the Lee County Circuit Court, and furnished with lodgings and employment at the expense of the State for the term of three years.
Soon after the conviction, a train of suspicious circumstances led to the arrest of a man named West, at Inlet
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Grove, for the robbery of the pedlar at Troy Grove. Search was made, and wonderful as it may appear, a portion of the goods were found in his house.
West was committed to await his trial at the next term of the Court, but after remaining in prison a short time he offered to turn State's evidence and disclose all he knew concerning the gang. This proposition was accepted, and he made what he called a full confession and disclosure, implicating a large number of men who were suspected, as well as many who had been heretofore watched. Upon these disclosures, several arrests were made, and some property that had been before stolen, recovered. Part of the goods that had been taken from the pedlar at Troy Grove were in the house of one Sawyer at Inlet, who was arrested, tried, convicted and sentenced to the Penitentiary for two years.
West accused one Fox, alias Sutton, and John Baker of having committed the robbery at Troy Grove, and said that most of the goods had been secreted at Inlet Grove, and subsequently taken to Iowa. He also avowed that Fox and Birch, alias Blecker, alias Harris, committed the robbery for which Bliss and Dewey were sent to prison, and that the former was totally innocent, while the latter was accessory, having "got up the sight." He further stated, that Fox had robbed one Mr. Hascal, a merchant at Inlet, by entering the house during a very severe thunder storm, and crawling upon the floor till he reached the trunk wherein was deposited the money, and having secured it, left without being heard, although Mr. and Mrs. Hascal were lying in the bed awake, at the time. To prove this, Fox subsequently stated the conversation that had passed between them while he was in the act of rifling the trunk!
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These disclosures of West led to the arrest of Bridge and Oliver, who were convicted as accessory to the robbery of Mulford, and sentenced to the Penitentiary, one for seven and the other for eight years. He also revealed many particulars relative to the robbery of the stage of Messrs. Frink, Walker & Co., and the plot in regard to the Dixon Land Office, and after attending several terms of Court as a wit ness, and being instrumental in some convictions, left the country of his disgrace and villainy, it is thought, forever.
In the fall of 1844, two men traveling as Mormon preachers, stopped with a man of the Mormon' faith near Pekin, on the Illinois River, stayed several days and preached in the neighborhood. One of them exchanged a hundred dollar bill with the old man, telling him that Brigham Young wanted the gold to purchase materials for the temple at Nauvoo, that could not be obtained for any other kind of money. By this exchange they ascertained where the old man kept his money, which amounted to nearly two thou sand dollars, mostly in gold, and marked it for their prey. After remaining a few days longer, another of their comrades joined them and the three left their pious friend with many thanks for his hospitality, and good wishes for the cause of Mormonism. Little time, however, had escaped ere one of them returned, and entering the old man's house in the night, took every cent of money he possessed, including the hundred dollar bill he had kindly exchanged for them, and made his escape undiscovered.
Early in the spring of 1845, three men carefully disguised, entered the dwelling of a Norwegian family in Lee County, Iowa, during the dark hours of night, fully armed and prepared for robbery and bloodshed. With fearful oaths and imprecations, they demanded money. The terrified
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family gave the robbers all they possessed, but which, how ever, amounted to but a few dollars. Disbelieving the word of the terrified ones, they proceeded to search the house, but without success, and having found a quantity of provisions ready cooked, they supped with much composure, and then, taking a quantity of clothing, left the house.
Soon after this, a Mr. Smith was robbed in a similar manner, in the same county, and apparently (from their operations) by the same band, and yet no clue could be obtained as to who they were, although Mr. Smith and his family were confident that they could recognize the robbers if they could see them.
Briefly have we sketched a few of the most daring robberies that were successfully carried through in the surrounding country, and that but to relate the facts, without embellishment, and now turn to what is of deeper interest, praying patience for the uninteresting style of our narrative.
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CHAPTER II.
THE MORMONS.
Nauvoo, the head-quarters of the Mormon chief and his satellites, had already increased to a population of sixteen or
eighteen thousand. The great temple, which by the Way, was built for the purpose of a fort or stronghold, was in process
of erection, and rapidly being pushed on towards completion. Like the old established system of England, each member
was required, aye, even compelled to give one-tenth of all he possessed, and annually thereafter give one-tenth of their
income to the leaders of the church. The male members were also required to labor one-tenth of the time upon the temple
or pay an equivalent therefor, in case of failure in money, to the amount of such labor to the temple committee. A rod
of 'iron a scepter of might was held constantly over their heads to enforce these things, and woe betide the man who dare
disobey the arbitrary man dates of that church militant.
While the Mormons were rapidly increasing in numbers, and daily increasing their power and wealth, the country around
was suffering severely from a succession of robberies almost without a parallel in the annals of crime. Stock of every
description and goods of all kinds were constantly taken, and all in the vicinity trembled lest they like their
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neighbors, might be stripped of their all without a hope of restoration or revenge.
The offenders were frequently tracked in the direction of Nauvoo, and sometimes, though rarely, the property was recovered, but in no case could the perpetrators of the crime be arrested and brought to justice. In case of an arrest at Nauvoo the accused w r ere immediately released by the city authorities, and the cry of "Persecution against the "Saints" raised, effectually drowning the pleas for justice, of the injured, and the officer forced to return and tell the tale of defeat. This done, the fugitive found a safe shelter under the wide-spread wings of the Mormon leaders and laughed at pursuit.
Repeated threats were made by the robbed and injured, and as often answered by the cry of "Persecution against the Saints!" This cry was responded to from abroad by those who knew nothing of the real cause of complaint, with sympathy for the "poor, persecuted Mormons," and bitter denunciations against their persecutors who were the real sufferers and most deserving of sympathy. Thus affairs stood while still worse grew the troubles, and the bud of revenge was bursting into blossom. Even among them selves, the seeds of discord were planted, and bitter words were telling that even "Saints" were not perfection, what ever they might claim for themselves, or whoever were their leaders.
In the spring of 1844, Wm. Law, a leading Mormon, openly charged the Prophet (Joseph Smith) with an at tempt to seduce his wife. (This soon after became the spiritual wife doctrine, and was believed, and even preached to some extent by the leaders of the Mormon Church.) This charge was promptly denied by the Prophet, and Law
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was denounced in the most bitter terms for an alleged at tempt to slander the Prophet the holy head of the Church, and as a persecutor of the Saints. Summoned by the high tribunal of the Church, Law appeared, refused to retract what he had said, and again avowed its truth, for which he was immediately cut off from the Church. Being a man of considerable influence, Law drew with him a few of the disaffected members of the Church, who were already tired of bowing in humble submission, and paying tribute to the Prophet Joseph, and being held the ready subjects of his will and pleasure.
Among these deserters were Wilso[n], Law, Frank, Higby, Foster, and others, who determined to put the world in possession of their grievances, by publishing a long train of corruption and crimes, countenanced and practiced by the Prophets and heads of the Church, in which they had long been accomplices or accessory. In order more effectually to accomplish their designs and bring themselves into notice, they at once set about establishing a principal office at Nauvoo, in direct opposition to the will and special edict of the Prophet.
In the month of May, A. D. 1844, ^ ie new P ress was P ut in operation, and the prospectus and first number of a news paper published under the title of the "Nauvoo Expositor." It contained a series of charges against Joseph Smith, and the leading men in the church, including bigamy, adultery, larceny, counterfeiting, &c. In reply to this, the "Nauvoo Neighbor," a newspaper printed under the direction and control of the Prophet, charged the dissenters from the Mormon faith with the same crimes, and sustained many of the charges by the publication of numerous affidavits, made, without doubt, by the Prophet's standing 'witnesses. Each
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appeared determined to out-do the other in the promulgation of slander and abuse, with which, according to their own stones, each had long possessed a knowledge of. If either were guilty of half they were accused of, the gallows had long been defrauded of its just dues, and earth was teeming with the base, the vile, and the blood-stained.
But while the surrounding country was suffering by and remonstrating against the perpetration of these crimes, and charging them justly upon the Mormons, they with one united voice echoed the cry of "Persecution for Righteousness' sake." Then was it that the old adage was freely proved, that when "rogues fall out honest men get their dues."
Upon the issue of the first number of the "Expositor," the Prophet and his adherents determined to at once silence them by the destruction of the press, and the total annihilation of the office. The subject was brought before the City Council, and many inflammatory speeches were made, in most of which the members of the said Council participated. Smith, the Prophet, told them "that the time had come to strike the blow! That God no longer required them to submit to the oppression of their enemies, and that he should vote for the destruction of the press; that it was a nuisance, and he should order it destroyed as such!"
Hiram Smith spoke in substance the same as his brother, and also denounced in unmeasured terms, Sharp, the editor of the Warsaw Signal. He said "he would give any man five hundred dollars who would go into the Signal office with a sledge and demolish the press. That it should be done at all hazards, even if it took his farm to pay for it!"
Upon calling for the vote, eleven voted for, and one against, declaring the Expositor a nuisance, and immediate
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measures were taken for carrying the ordinance of its des truction into effect. This dissenting vote was a Mr. War ring, and the only anti-Mormon in the Council, and little was he regarded by the hot-headed ones who were bent on destruction.
The City Marshal, acting under the orders of the Council, raised a force of several hundred men, headed by Gen. Dunham of the Nauvoo Legion, armed with clubs, &c., and proceeded to the printing office. Meeting with no resistance, they entered the office, took the blank paper and other materials and burned them in the street, pied the type, and taking the press into the street, broke it into pieces with hammers.
This done, they repaired to the house of the Prophet, who addressed them in terms of praise, applauding them for their services, and telling them that they had but done their duty and upheld the law. In return he was loudly cheered by the mob, after which they quietly and immediately dispersed. Some of the leaders, however, remained and congratulated each other upon their success, and the downfall of the power of their enemies. Foremost among them was the Marshall, who thus addressed the Prophet:
"General, this is the happiest hour of my life!"
"Thank you, my good fellow," was the reply, "you have done well, done your duty, and shall be rewarded for it."
This outrage upon the public press helped to fan the flame already kindled against the Mormon outlaws, by their repeated depredations upon the citizens of the surrounding country, and plainly foreshadowed the storm that was to burst with startling fury.
The dissenting Mormons at once united with those op posed to that sect, and various meetings were called, and all
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parties urged to arm and prepare themselves to resist any further aggression: to be ready at all hazards to protect themselves and meet the worst. Warrants were issued against the Smiths, and other leaders, in the destruction of the printing office of the Expositor, and though served by the proper officers, they refused to obey the mandates of the law, and laughed at its power!
As in all former cases, the writ of habeas corpus was resorted to, and all the arrested at once set at liberty and discharged from arrest ; the same persons that were arrested acting as officers of the Courts that discharged them! Thus effectually defeating the ends of justice, and compelling the officer to return to Carthage without a single prisoner!
This mock administration of law, added new fuel to the flame. The public being convinced that Nauvoo was the headquarters of nearly all the marauders who were preying upon the surrounding community, together with the full belief that the Mormon leaders were privy to their depredations, and the resistance and defeat of justice, now became enraged, and determined to rise in their might and enforce the law, even though it should be at the point of the bayonet or sabre. Determined to rid themselves of the harpies that were gnawing at their very vitals, and if need be, rid themselves of the whole Mormon population. Thoroughly aroused, and conscious not only of their power but also the justice of their cause, they fearlessly avowed their purposes, and though still defying, the most secret recesses of Mormondom trembled in view of the bursting of the tempest they had raised, but could not avert.
The officer, from whose custody the Smiths and others were discharged, proceeded to summon a posse and renew the arrest from the adjacent counties, rallied under the banner
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of law and justice. The Mormon leaders learning this fact, gathered also their forces. The Nauvoo Legion, organized at the call of the Prophet, fully armed and equipped and numbering nearly four thousand, with their pieces of artillery, prepared for a desperate resistance.
The City of Nauvoo was declared under martial law, and all necessary preparations were made to sustain the edicts of the Prophet and the freedom of the crime-stained ones, or die in the attempt.
The officer, finding his force, or posse, far inferior to that of the Mormons, called upon the Governor of the State for aid to enforce the law and allow right, for a time, to triumph over might. Governor Ford, learning the true state of af fairs in Hancock County, immediately ordered out several companies of State troops, and repaired with them, in per son, to suppress the disturbances, and enforce the law. On his arrival, he proceeded to examine into the causes of the difficulty, and despatched a messenger to Nauvoo, requiring the Prophet, Smith, to send a deputation to meet him at Carthage, and explain the conduct of the Mormons. Smith appointed John Taylor, one of the twelve apostles of the Church, and Dr. Burnhisle, a leading Mormon, to wait on the Governor.
A full investigation was entered into, and Gov. Ford, instructing the officer having the writs from which the Mormons had discharged themselves, to proceed to Nauvoo and demand the surrender of the Smiths and others upon whom the writs had already been served, and in case of a refusal to obey the law, to enforce it at the point of the bayonet. At the same time pledging himself, as the Chief Executive of the State, to protect them from personal violence, and
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the troops under his command pledged themselves to sustain him.
The officer with a sufficient guard set off for Nauvoo, having also an order to disband the Nauvoo Legion, which on his arrival was disbanded. The several persons named in the writs, also agreed to accompany him on the following morning without trouble: and how well it would have been, had their promise been faithfully kept.
Morning came, and the hour of their departure arrived, but the Prophet could not be found, having crossed the Mississippi river during the night with his brother Hiram, and secreted themselves in Iowa, and the officer was again forced to return to Carthage without the prisoners.
Nauvoo was again a scene of confusion, all the inhabit ants taking part in the trouble. Some rejoicing at the escape of the Prophet, while others were loud in their curses, avowing that he had deserted them, in the hour of danger left them to the mercy of their enemies, and was the cause of all their difficulty.
Smith before leaving had instructed his wife to take her children, with the family of his brother Hiram, on board the steamer "Maid of Iowa," then lying at the foot of Main street ready for departure, and leave the city. With these instructions, however, she refused to comply, and remained at home.
During the day, several despatches crossed the river to and from the Prophet; some advising him to seek safety in flight, and others urging him to return and save the city. Thus urged, the Prophet and his companion in flight, re-crossed the river about sunset, and on the following morning started for Carthage, and Nauvoo was again quiet. When within a few miles of Carthage, they were met by a
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detachment of State troops on their way to Nauvoo to demand the State arms there in possession of the Nauvoo Legion. The Smiths immediately retraced their steps, delivered up the arms on the order of the Governor, and again left for Carthage on the morning of the 26th of June.
On arriving there, the prisoners were examined on the /charge of riot in destroying the printing press, and held to bail for their appearance at the next term of the Hancock Circuit Court. Joseph and Hiram Smith were arrested on charge of treason, and committed to await their examination.
All being tranquil, and Governor Ford thinking an armed force no longer necessary disbanded his troops on the morning of the 27th, leaving but a small force to guard the jail, and proceeded with his suite to Nauvoo. Here he addressed the Mormons, urging upon them the necessity of observing and upholding the laws; preserving order, and respecting the rights of their fellow citizens, and telling them the inevitable result of a continuance of their former course of con duct.
After the troops were disbanded, the most hostile of them, believing the Smiths eventually would be acquitted on the charge of treason, and the Mormons, still continued their depredations, and deeming that the only way to secure safety was by ridding them of their leaders, they still continued to fan the flame of revenge that had heretofore been burning but too brightly. Urged on by the Mormon dissenters, who were thirsting for blood, they collected, to the number of about one hundred and forty, armed and disguised, and proceeded to the jail about five o'clock in the afternoon of the 27th. Having dispersed the guard, they attacked the jail, and Joseph and Hiram Smith in an effort to escape
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were both shot dead. Four balls pierced each of them, and any one of the wounds would have proved fatal. Having accomplished this cold-blooded murder, (for surely no other name will apply to it,) and glutted their appetite for blood, the mob instantly dispersed.
Great indeed has been the provocation, and revenge had been nursed and fostered by a long series of injuries, and yet they <:an, as we look calmly at the past, but little atone for the blood shed on that night, the breaking of the law and the wanton sacrifice of human life on the fearful altar of the human passions.
Post haste from Carthage, whose streets were now stained with blood, a messenger was despatched to Nauvoo, with the news of this double murder, who met Gov. Ford and suite on his return from Nauvoo, and a few miles from that city.
The Governor hastened to Carthage, and fearing that the Mormons would rise in force, massacre the citizens and burn the city, advised the immediate evacuation of the town. Most of the inhabitants fled in disorder, fearful that to avenge the death of their leaders, the Mormons would spare none. Gov. Ford, having placed General Demming in command of a small body of troops, with instructions to guard the town, and watch the movements of the Mormons, proceeded at once to Quincy, a distance of about fifty miles.
The effect upon the Mormons was far different from what had been anticipated, for, apparently disheartened by the loss of their leaders, no effort at revenge was made. Sad, silent and gloomy, they seemed to brood over the past, rather than to think of violence, and all remained quiet.
The bodies of the deceased were conveyed to Nauvoo on the 28th, and met at the entrance of the city by a large concourse
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of people of both sexes and all ages, who followed them to the late residence of the Prophet. Here they were addressed by several prominent men of their Church, and exhorted to keep from all violence, and quietly submit to the persecution of their enemies.
All remained quiet for a few weeks, during which time the Mormons re-organized, acknowledging the twelve apostles to be at the head of the Church. The building of the temple and other public works were resumed, and again security and peace were felt by all.
Soon, however, complaints from the surrounding country told that the ruffians were again at work, and as heretofore, all attempts to bring the offenders to justice proved abortive. If arrested, witnesses were always ready to swear them clear, and all again was in a state of disorder and fear. The smouldering fires were again ready to burst forth, and riot and bloodshed take the place of law and order. Another tragedy was to be enacted, fearful and bloody, and another victim sent unprepared into the presence of his Maker.
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CHAPTER III.
THE MURDER OF MILLER AND LIECY.
On the night of the 10th of May, 1845, a most barbarous and bloody murder was committed in Lee County, Iowa, about
twelve miles from Nauvoo, and three and one half from West Point, the county seat of Lee County, startling and
affrighting all.
To properly understand the sequel, it will be necessary for us briefly to explain the circumstances prior to the deed of blood.
About the 25th of the previous April, Mr. John Miller with his son-in-law emigrated from the State of Ohio, located himself in Lee County, and offered to pay cash for a good farm. It was reported that he was possessed of a large sum of money, and at once he was marked as a prey by the law less and blood-stained ones.
A few days after this, two strangers appeared in the neighborhood, who said they had just moved into that part of the country and were searching for an ox they had lost. They described him fully, and made particular inquiries as well as indirect ones about the settlers in the vicinity. They staid at a house about one-fourth of a mile from Miller's one night, and the next morning went to Miller's and endeavored to
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29
get a bank note changed, alleging that they wanted the change to pay for their lodging.
About twelve or one o'clock on the night of the 10th of May, three men entered the house of Miller, armed with pistols, bowie-knives and clubs. In the room there were three beds spread upon the floor.
The one in the northeast corner was occupied by Mr. and Mrs. Liecy, the one in the northwest corner by Mr. and Mrs. Miller, and the third, at the north side of the room, by a man and his wife, whose name is not recollected. Upon entering the room, one of the ruffians opened a dark lantern, the light from which reflected upon the two beds occupied by Miller and Liecy, and immediately jumped upon the table, while the other two advanced to their bedsides. Each with a heavy club aimed a deadly blow at his victim, injuring them severely, but not so as to keep them from springing to their feet before receiving a second. Grasping those who were intent on taking their lives, a desperate struggle ensued. Immediately the lantern was closed, and its holder sprang to the assistance of his companions in crime.
For several minutes the struggle continued amid the cries and shrieks of the terrified women, and the groans of their husbands as they were stabbed and cut by the deadly bowie knives of their assassins, while they, unarmed, sought to re pel them, and struggled almost hopelessly for life.
It was a fearful struggle, against fearful odds, but bravely and well were the murderers met. At length Mr. Miller, by a desperate effort, succeeded in pushing his antagonist from the house, and hope sprang up in his breast. Vain, however, was its cherishing power, for as he passed the door the knife of the remorseless robber pierced his side, and entered his heart! With a single groan he reeled, staggered
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The Banditti of the Prairies.
and fell to the ground never to rise again: another victim to the Banditti of the Prairies.
Liecy succeeded in throwing over one of the ruffians upon the floor, and while in the act of choking him the knife of the other was inflicting deep gashes upon his head, and piercing frightfully his back. Desperately he battled, but maddened by pain and becoming very weak from the loss of blood, he with one effort freed himself from their hold and gained his feet. One effort more and he forced them through the open door, and strove to close it. Already it was closing and in another moment he would be safe! Oh! the happiness of that thought! But see, a flash glances on the air of midnight, the whizzing of a bullet is heard, and pierced by a ball, when on the very verge of safety, he sinks helpless upon the floor.
The third man, during that soul-affrightening struggle, remained quietly in his bed, secreting himself under the cover, and allowed his friends to be cruelly murdered with out a single effort to save them! Uninjured, except from fright: he was a very coward and a craven!
The assassins, becoming alarmed at the manner in which they had been met, and fearing that the shrieks of the women and the report of the pistols might alarm the neighborhood, left without securing their booty. Blood-stained, and branded like Cain, were they, and fled under the cover of night to find safety from all but the terrors of a goading conscience.
As soon as the family had recovered sufficiently from fright to allow reason to again occupy her usurped dominion, they despatched a messenger to West Point, where the district court was in session. The news created great excitement, and a large number of citizens together with
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the sheriff repaired at once to the scene of the murder, when a horrid spectacle was presented to their shuddering vision.
In the front yard and within a few feet of the door, lay Mr. Miller, cold and lifeless, his head, inclining to the right, upon descending ground, which was stained for a consider able distance with blood. A ghastly stream, now chilled and waveless! Entering the house, they found Mr. Liecy lying upon the floor weltering in blood, and apparently in the agonies of death. Everything presented, at a single glance, a perfect scene of carnage. The floor was stained and spotted with the ruddy stream of life, horrid for the eye to rest upon, affrighting the very soul, bidding the pulse stand still and the heart forget its office. The groans and cries of the afflicted family, as they burst from trembling and pallid lips, helped to complete the fearful tragedy and appal the beholders, telling how fearfully 'the fiends had completed their mission of death.
Surgical aid was immediately procured, but uselessly, for upon examination the wounds that the survivor had received were pronounced fatal. The skull was pierced and broken by the strokes of the heavy bowie knife, and it had deeply buried itself in his back. The ball received upon the door step was extracted, after having passed quite through his body, and became flattened against the bones. Though Mr. Liecy's decease was hourly expected, yet he survived long enough to see in irons and identify the perpetrator? of the dark and hellish deed.
Every effort was made by James L. Estes, sheriff of Lee County, and others, to arrest the murderers, and bring them to justice. The news spread with lightning-like rapidity, and the particulars were soon in every mouth. The citizens
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The Banditti of the Prairies.
of the surrounding country turned out "en masse," organized themselves into companies, and scoured the country in hopes of obtaining some clue to the perpetrators of the fiendish outrage against both the laws of God and man.
In searching the premises a cloth cap was found, trimmed with fur, and without a front-piece, being the only clue that might lead to the identity of the villains. This was carefully preserved as a silent witness in case of need. Tracks were found leading from the house across a ploughed field into a road, in the direction of Nauvoo. These were followed by Sheriff Estes to within a few miles of the said city, when all traces were lost.
The news of this murder reached Montrose, where I resided, on the morning of the murder, at about ten o'clock. The citizens turned out, and the search became general. Every ravine, thicket and bluff was searched, but without success, for a day or two, when the citizens returned discouraged to their homes, believing that the perpetrators of this crime would, like all others, escape justice.
Having heard of the cap that had been found at the house, with a full description of it, I at once recollected having seen a young man in Nauvoo some three weeks previous by the .name of Hodges, with a cap of the same description. I communicated this information immediately to Sheriff Estes, and learned from him that the Hodges were known as men of suspicious characters. In the meantime, I discovered several persons standing about the streets of Montrose eagerly listening to all the plans and movements against the murderers, and anxious to learn who, if any, were suspected. The excitement having passed away, and the sheriff's posse dispersed, and all again had become quiet, I determined to track up, as the first step towards an arrest, the fatal cap
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I immediately left for Nauvoo on the afternoon of the 12th, and commenced such inquiries as would tend to remove or confirm the suspicions against the Hodges, and found that three of the Hodges, Amos, William and Stephen, were living together in a retired part of the city. Amos being married, the others were boarding with him, and all were without any visible means of subsistence. That on the afternoon of the loth, William and Stephen Hodges and Thomas Brown were seen passing up in a skiff towards the mouth of Devil Creek, in the direction the murder was committed. Early in the morning of the nth, one of the Hodges was seen going from the river towards his home bare-headed, and since that time had worn a hat, although he had previously worn a cap. On the nth, Stephen Hodges was seen in a grocery in Nauvoo with a drop of blood on the bosom of his shirt, anc} being questioned in regard to it made no reply, but went immediately home and returned with a clean one.
These circumstances more than confirmed the suspicions already excited by the description of the cap, and I deter mined, if possible, to arrest them and investigate the subject. Acting upon this determination, I called upon S. Markham, Captain of the City Watch, and made known to him my business and asked his assistance. He cheerfully consented to aid me, said he had men who would do anything he told them, and that he would follow my direction in making the arrest.
He immediately called to his assistance eighteen or twenty men, armed for the purpose, and at two o'clock in the morn ing of the 1 3th, we proceeded to the residence of Hodges and surrounded the house. Markham rapped at the door, but no attention was paid to it. A slight noise was heard
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The Banditti of the Prairies.
in the house, and a light appeared through the windows, and I saw three men in the house, each armed with a gun, and one of them put a bowie knife into his breast, and stepped to the door and demanded:
"Who is there?"
"I am," replied Markham
"You are Mr. Markham?"
"Yes."
"What do you want?"
"I want to come in."
"You cannot enter."
"I wish to see you."
"The first one that attempts to enter is a dead man."
"I wish to speak to you."
"What business have you here at this time of night."
"The citizens of Iowa have come over to arrest you, and I determined to get the start of them. You shall have a fair trial in the city, if you will surrender. Will you do so?"
"If you will wait till morning we will surrender."
After a few minutes of consultation we concluded to accept their proposition and guard the house until daylight and thus prevent all escape. We informed them of our de termination and all remained quiet.
Daylight came, and Markham rapped at the door, when Amos opened it, and the three brothers surrendered without further resistance. They were taken before one Johnson, a Mormon Justice of the Peace, who agreed to hold them in custody until I could go to West Point and notify Sheriff Estes and return again. The Hodges manifested very little uneasiness and made no objection to the detention.
I left Nauvoo at 7 o'clock on the morning of the 13th, crossed the river to Montrose, proceeded to West Point, and
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35
notified the sheriff of the arrest, who with several citizens returned with me to Nauvoo, where we arrived on the
evening of the same day and found the Hodges safe in custody. Sheriff Estes made affidavit for a warrant, which being
is sued, they were legally arrested and remained for examination. No evidence having been adduced against Amos Hodges
he was discharged. Brown, who was also strongly suspected, fled before sufficient evidence could be found against him
to justify his arrest.
[ 36 ]
CHAPTER IV.
THE TRIAL.
The arrest of the Hodges had become public, and much excitement prevailed in the surrounding country, as well as in Nauvoo. Being Mormons, but little hopes were entertained by the community at large of detaining them in custody sufficient time to collect testimony and put them upon trial. Strong efforts were being constantly made in Nauvoo to ensure their acquittal on the examination, or effect their escape, and a large number of witnesses were collected for this purpose, ready to swear that they were in Nauvoo at the time the murder was committed.
With this strong array of testimony in their favor, and the Mormon influence before a Mormon magistrate, against the circumstantial evidence in our possession, there was little hope of our success. Indeed, all looked forward to an acquittal, although every circumstance tended strongly to confirm their guilt. Under this state of affairs, the matter was abandoned entirely to my arrangement.
"Bonney," said he, "you have made the arrest, and must conduct the examination. With this strong array of wit nesses I fear they will get clear, although I have no doubt of their guilt. I can do nothing with these Mormons, and shall leave the affair to your skill and judgment, assisting you as much as I can."
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37
Reluctantly I consented, and determined to make the best of a bad case, and, if possible, thwart their plans, set at defiance their army of "standing witnesses," and hold the Hodges to answer before a legal tribunal. I resorted to the following expedient.
On the following morning, at the hour set for the trial, the court-room was filled with witnesses for the prisoners, and dark indeed was the prospect of their being committed. Under pretence of procuring more testimony from Iowa, I applied for a continuance until the following day, which, after considerable opposition, was granted, and the time fixed at 10 o'clock, A. M.
I immediately determined to take all our witnesses that were in attendance and proceed to West Point, where the Lee County Grand Jury were in session, and procure a bill of indictment. This having been' accomplished, my purpose was to return to Nauvoo with a certified copy, which would hold the prisoners, and await the requisition of the Governor, in despite the testimony of their friends.
While Sheriff Estes and myself were preparing to set out on this mission, the steamboat New Purchase arrived from Fort Madison loaded with passengers, amongst whom were several witnesses against the Hodges. Some of them recognized S. Hodges as one of the Ox-hunters before spoken of, which, with other facts, were thought by the "knowing ones "to be sufficient to hold the Hodges, and all were eager for an immediate examination. I objected, but without assigning my reason, well believing that if my intentions were known by the Mormons, the escape of the prisoners would be certain, whilst their friends now doubted not that they would be sworn clear by their confederates.
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The Banditti of the Prairies.
This being the case, we left at once for West Point, in direct opposition to the solicitation of our friends, where we arrived the same evening, and found the Grand Jury in session waiting our arrival, in compliance with the request of a messenger who had been previously despatched.
The witnesses were at once examined, and a bill of indict ment found against Stephen and William Hodges, and Thomas Brown, for the murder of Miller, (Liecy being yet alive). A certified copy having been procured, we set out on our return, and arrived in Nauvoo in time to meet the Court of Examination at the appointed hour.
So great was the excitement that hundreds collected, both from Illinois and Iowa, and the streets were densely crowded. General Demming, the then Sheriff of Hancock County, was in attendance, and a steamer from Fort Madi son brought a crowd of persons anxious to be present at the examination. Friends and foes alike were there, and on every face was depicted anxiety, fear, or hope.
The Court at last convened, and the prisoners arraigned for examination, with an array of witnesses, and defended by Almond Babit, Esq. After several attempts to still the dense crowd into silence, it was at length accomplished, and the examination began. Then the copy of the indict ment was produced, effectually placing them beyond the reach of false witnesses bribed for the purpose. The court room was at once a scene of confusion, such as the eye but seldom rests upon. The cheers of the friends of justice, and the loud curses of the others, commingled in one over whelming din, and riot and bloodshed seemed the inevitable consequence. Wild indeed was the storm, and who could say whether it would subside or burst in fury? Completely disheartened, however, by this unlookedfor proceeding,
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39
baffled and outwitted, the friends of the Hodges quietly submitted, and the prisoners were held to await a requisition from Iowa.
All now seemed quiet, and yet the slightest cause would! have resulted in the complete destruction of Nauvoo, and the expulsion of the Mormons, and great fears were entertained; the excited populace could not be restrained from acts of violence. The danger of their escape by the breaking of the jail, or rescue by their friends, was also feared, and deep and fearful revenge was avowed in either case, which added to the excitement already verging towards its height.
To guard against all danger, and still if possible the tumult, I suggested to the counsel for the prisoners, that, notwithstanding they protested their innocence, yet they must answer to the laws of their country under the indictment. If innocent they would not fear the result, and that in order to place themselves in safety beyond all hazards, that they surrender to the authorities of Iowa, and avoid the necessity of procuring a requisition. Mr. Babit, their counsel, favored this suggestion, and urged the prisoners to comply with the proposition, to which, after some consideration, they consented. Safely lodged in prison at Fort Madison, beyond the hope of rescue, or escape, the minds of the people of the surrounding country again became calm, and business, that had for a time been neglected, was again resumed.
Facts having been elicited during the investigation with regard to the Hodges, that proved conclusively that Thomas Brown was the third of the infamous three, I was urged by many to pursue, and if possible arrest him. Being legally authorized to offer a reward of five hundred dollars for his
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The Banditti of the Prairies.
arrest and delivery into my custody, in any State or Territory in the United States, I left to accomplish if possible this mission, on the morning of the 28th May. On reaching Quincy, I introduced my business to Sheriff Pitman, who was an officer of great merit, and a perfect gentleman; and who, in his official character, was extensively known to the gang, as well as acquainted with their proceedings, which enabled him to give me much valuable information.
Sheriff Pitman was well acquainted with the general character of Brown, and knew several of his confederates in crime, who lived on the Mississippi bottoms, in the north part of Adams county, eighteen miles north of Quincy. Amongst these was a Mr. Bingham, a relative of Brown's, and who had served out one term in the penitentiary for larceny. After gathering from him all necessary information and directions, I determined to visit the gang in the neighborhood of Bingham, and by stratagem learn whether secreted in the vicinity, and whether any of them knew anything with regard to him.
I at once set out, and after riding till within a few miles of the house of Bingham, I met a man on horseback of whom I inquired for a Mr. Agard, to whom I had been directed by Sheriff Pitman, as a person in whom I could confide, and who would give me any information in his power. He immediately replied:
"My name is Agard."
"The Sheriff of your county directed me to call on you."
"Oh! I suppose I know your business. You are in pur suit of the murderers of Jo Smith. Well, well, I suppose I must go with you."
"That is not my business. The Sher…"
"Oh! well sir, what did you want? "
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41
"I was directed to you to inquire for a Mr. Bingham. I wish to find some land in his neighborhood."
"Oh! is that all? I can tell you all about Mr. Bingham, and the land in his township; I have a map and can inform you who owns every tract."
"Would you be kind enough to give me such information?"
"Yes, yes, at any time."
"When can you do it? "
"Why, to-morrow, I '11 meet you at Mr. 's grocery, one and a half miles east of here, and give you any information you desire."
"I shall be obliged to you, sir."
After a few more remarks we separated, and on the fol lowing morning according to appointment I called at Mr. 's grocery, but without finding him. I learned, how ever, that the Hancock Circuit Court was in session, and that several persons were under arrest charged with the murder of the brothers Smith. Also, Mr. Agard had called
early in the morning on Dr., and told him "there was
something wrong in the wind that he had seen a stranger yesterday inquiring for land, but that he believed it only was a ruse and should keep himself out of sight."
Disappointed, but not disheartened, I continued my search, though unavailing, throughout the day, and on the following morning called at the house of Mr. Bingham, to whom I introduced myself by the name of "Morris."
"Is your name Bingham?"
"Yes, that is my name."
"I have heard of you, and would like to have a little confident conversation with you."
"Certainly. Upon what subject?"
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The Banditti of the Prairies.
"I am just from the eastern part of the State, where I * raised ' a horse, which I left below for sale, and thought I would come up and see what was going on in the way of business."
"I am glad you called, though we are all idle here at present. The boys up north, however, seem to have their hands full."
"What is doing here?"
"They have made several good 'raises,' though I learn some of them have got into rather a serious scrape."
"Scrape! Of what kind?"
"They attempted to rob an old German by the name of Miller, and in order to escape were obliged to murder both him and his son-in-law."
"Serious business, truly."
"Yes, but that is not the worst of it."
"Why, is there anything more? "
"Two of them have been arrested, and I understand they are after the third."
"That is bad luck. But can they not get clear?"
"I don't know. It is somewhat doubtful."
"Are you acquainted up the river?"
"Not much."
"You know the Mormons? "
"Yes, I was amongst them, and a Mormon myself."
"Do you know which of the boys were arrested for the murder you have spoken of?"
"Two of the Hodges."
"I suppose they are guilty."
"No doubt of it. They are hard cases."
"It will probably go hard with them."
"Yes, but they won't catch the third."
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43
"The third!"
"Yes, Tom Brown. He is one of the hardest I know of. He does nothing but follow the business. I have seen him go into a store in the day time, and steal a roll of cloth and put out with it, and he makes a practice of going to St. Louis on one side of the river and coming back the other, raking down both ways."
"He must be an old hand?"
"They won't catch him. He is too smart for that."
"Was he engaged in the murder with the Hodges?"
"I presume he was."
"I should like to get acquainted with him. I think I could get him into an operation that would suit him."
"Very likely, he is ready for anything."
"Does he come here often?"
"Not very. I don't think he would suit you though."
"Why not?"
"He is too reckless."
"I want two of the boys who are of the right stripe to go to Shawneetown with me."
"What is the speculation?"
"To relieve an old Dutchman of a chest of specie."
"That's the kind of speculation that would suit him.. I can't do much here. I am suspected and have to keep very quiet."
"Two would be enough, and I think with you and Brown, we could do the thing up right."
"I don't know where Tom is, but there is a man living about two miles from here, who is a first rate hand in such business."
"But suppose he could not go?"
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The Banditti of the Prairies.
"Oh there is plenty in this County who would be glad of such a chance "
Being, satisfied that he did not know the whereabouts of Brown, I told him I was obliged to go to Missouri before I made the strike at Shawneetown, but would call on him when I returned, and make some arrangement with him, when he continued the conversation.
"Are you acquainted in Missouri? "
"No, not much."
"I can give you the points there, if you want them."
"I do, it helps me greatly."
"I have a brother on the Missouri River who is right, and knows all the Boys. If you get there you are safe. Tell him I sent you and it will be all right."
"I shall not forget him."
"When you come this way come and see me. I can secrete you, and hide your horse so that the devil himself cannot find him.
"But if I should want to run? "
"I keep a boat to cross the Mississippi, and can ferry my friends across at night as well as in the day time, and tell them where they can stop and be secure."
After wishing me success, and giving me a list of names with whom to stop in Missouri, I left him and returned to Quincy on the evening of the 23rd, and gave Sheriff Pitman the particulars of my interview with Bingham. Leaving there I proceeded to St. Louis, where I got traces of Brown, and searched until the morning of the 27th with out further success. After making such arrangements with the City Marshal as would secure the arrest of Brown if he should visit St. Louis, I departed for Memphis. Searching fully there, assisted by William D. Pilmore, a constable
The Banditti of the Prairies.
45
who had been kindly detailed for that duty by the Mayor, and becoming satisfied that Brown was not to be found, I again left for St. Louis.
Brown had visited St. Louis during my short absence, and an unsuccessful attempt had been made to arrest him. This, as he would now be on his guard, rendered the task I had undertaken still more arduous and doubtful, yet still I determined to pursue it to the end to victory or to death. But being now completely at fault, I knew not which way to proceed, and while in this state of suspense I received a letter from Sheriff Estes which determined me to return and attend the trial of the Hodges. Perfecting my arrangements with the City Marshal, I immediately left and arrived at Montrose on the evening of the 5th of June.
Stephen and William Hodges were removed to West Point from Fort Madison on the 20th of May, and arraigned for trial, but a change of venue was taken to Des Moines County, where they were now to suffer the penalty of the law, or come forth cleared of the worst crime whose name stains the statute book.
Mr. Liecy, who was still alive, though rapidly sinking from the effects of his wounds, was confident that he could identify his murderers, if he was permitted to see them. In order to add his testimony to that of the others, Sheriff Estes selected persons who were strangers to Liecy, and who nearest resembled the Hodges, and took them to the residence of Liecy. They were seated in a circle in the room of the dying man, when, after a careful survey of their size, features, and general appearance, he singled out Stephen Hodges, saying:
"That is the man who stabbed me with the bowie knife."
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The Banditti of the Prairies.
"Another look round the circle and he pointed to William Hodges:
"That is the man who shot me!"
Many questions were asked him in order to test the strength of his belief, but he wavered not for a single moment, or in the least controverted his assertions. Strong testimony this, falling as it did, from the lips of one who would soon pass through the gates of death, and it was fully confirmed by Mrs. Miller and Mrs. Liecy.
Other evidence also came to light by which the Hodges were tracked from Nauvoo to the scene of the daring murder, and back again to that city, and a pistol was found in their possession, the ball of which corresponded in size and weight with the one taken from the body of Liecy. How true it is, that murder may be tracked to the hand that did the deed, and is stained in blood, by the smallest and apparently most immaterial circumstances.
Monday, the 8th of June, was the day fixed for the trial, and the friends of the prisoners having become alarmed, made every effort in their power to secure their acquittal. Erwin Hodges, the brother, who was residing about thirty-one miles from Nauvoo, was the most active, took the lead in arranging their plan of defence, and swore bitter and deadly vengeance against all who took part in their arrest or prosecution. Being also a Mormon, he denounced the leaders of the Church for suffering his brothers to be taken out of Nauvoo, and said if they were hung it should cost the best blood in that city.
Messrs. Hall & Mills of Burlington, Iowa, were employed to defend them, and their fee of one thousand dollars secured to them. All that could be done to prevent a verdict of guilty, was carefully thought of and carried through, as a
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primary step towards this end, and affidavit for a continuance was filed, sworn to by the Hodges, to obtain the following witnesses: John and Aaron Long, Judge Fox and Henry Adams of St. Louis, and John W. Braffit, Henry Moore, Samuel Smith, Lydia Hodges, John Bliss, Caroline Moore. Samuel Walton, Sarah Ann Wood, Horace Braffit, Mrs. Artemus Johnson, Thomas Morgan, (a son of the late William Morgan of Batavia, N. Y., author of disclosures on Masonry,) John Court, Mrs. Campbell, (sister of the Hodges,) Harriet St. John, and a Miss Hawkins of Nauvoo; witnesses not then present, who would swear that they were in Nauvoo at the time of the murder, and other facts that would establish their innocence beyond the power of contradiction.
On this affidavit the case was continued until the 15th of the same month, during which time I remained at Montrose, and occasionally visited Nauvoo, to watch the movements of those whose names were inserted in the said affidavit. Everything tended to confirm the former opinion of both Sheriff Estes and myself that they were all connected with the same gang, and intended to swear their comrades out at all hazards. But suspicion was not testimony, and nothing remained for us to do but to watch and bide our time.
The anxiously looked-for day of trial came, and armed with good counsel on either side, the trial began. By a strong chain of circumstantial evidence, a clear case was made out against the prisoners, backed by the testimony of the wives of the murdered men, and the assertions of Liecy as to their identity, which he reiterated in the last moments of his life. A vigorous defence was made, but the witnesses for the prisoners could not tell a consistent story, arid frequently
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The Banditti of the Prairies.
gave the lie one to the other, though all agreed that they were in Nauvoo at the time the murder was committed. In this they had been well trained, but those who tutored them forgot to designate any particular point, and consequently, some swore to one point and others to another. This alone was sufficient to controvert their testimony in this particular, and show the object for which they were brought there.
Lydia Hodges, wife of Amos Hodges, who was in attendance as a witness, feigned sickness, and was absent from the court room and sent for one of the counsel for the prisoners. As he entered the room she burst into tears, and exclaimed:
"Must I go to court?"
"If you can swear the Boys were at home, on the night of the murder, your testimony will be very material and cannot be dispensed with. Can you swear that? "
"They were out that night."
"Do you know where they were? "
"They left home in company with Tom Brown, and said they were going over to Iowa? "
"When did they return? "
"Early the next morning."
"What did they say?"
"That they had been unsuccessful."
"And nothing about the murder?"
"They said that they had a desperate fight, and were afraid that they had killed somebody."
"What is their business? "
"Robbery is the only one I know of."
"Who are engaged with them? "
"All their father's family, and leaders in the Mormon Church encourage them in it, and share the spoils."
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"You know all this, or is it merely a rumor?"
"I know it, and am now brought here to swear them clear. They have always been kind to me, and yet I can not swear my soul to eternal perdition, and destroy all my hopes of happiness both here and hereafter, to save them. Must I go to Court?"
"I don't know yet."
"I cannot, will not, do it! I cannot swear for them, and I will not swear against them."
Other conversation was had, and the lawyer returned again to Court, more than ever convinced of the hopeless ness of his case, though he still struggled hard to the very end. It was vain, however, for after much time had been consumed in the trial, it was brought to a close by the fearful word that fell from the lips of the foreman of the jury the end at once of their hopes, and the consummation of their fears, the knell of the tocsin of death the dreadful word GUILTY!
A horrid sound, is it not, to fall upon the ear of man? What phantoms rise at it the rope, the gibbet, the coffin, the grave! Show me the eye that can look calmly upon them, and the heart that does not grow sick, and the form that does not tremble aspenlike at the bare mention of their horrors. How then must it be when they know that each day brings them nearer, and each turn of the hand upon the dial is hastening them to their certain doom? Awful! awful!! and yet "blood for blood "is the cry, and a waving sea of human "hands surround the place of execution, unsatisfied and restless, till the last gasp attests the passage of the soul from earth.
Strong efforts were made by their brother, Erwin Hodges, to arouse the Mormons, and urge them to attempt
50
The Banditti of the Prairies.
their rescue. Loudly he threatened and swore that if Brigham Young did not send men to break open the jail and save them he would denounce them to the proper authorities, and confess all he knew. Little time, however, was given him for the execution of his threats, for on the same night, at the early hour of nine, he was basely murdered in the streets of Nauvoo. Knocked down with clubs and stabbed with his own bowie knife; he lay reeking in blood, another victim to the vengeance of the Mormons!
No effort was made by the authorities of Nauvoo to ferret out and arrest the murderers, and soon after Brigham Young told his followers, in a public discourse, that "they had no business to inquire who killed Erwin Hodge that no man, who was a man, would do it, and that every member of the Church must mind his own business"
Hopelessly, entirely now, the prisoners were forced to submit to their certain fate, and passing the hours within
the lonely confines of their prison cells, watched the sunbeams as they crept upon the dusty walls, and counted the
moments as they passed, hastening them towards the day of their execution.
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