THE MURDER OF ANNA JORGENSON

The Kossuth County Genealogical Society hosted a program entitled, "Murder, Mayhem and Madness" on October 30th.  Many stories of murder and strange happenings were told.  For those of you who couldn't attend, here is my contribution to the program.  Have a happy Halloween!

THE CRIME

On the afternoon of Friday, April 26^th, 1935, Gertie Dale stopped by the home of her mother, Anna Jorgenson, for a regular visit.  Anna resided at her home located at 222 West College Street, directly north of the hospital, and Gertie stopped by often just to check on her.  Anna had lived alone in the two-story, well-kept residence since the death of her husband, Anton, several years before.  At the age of 75, Anna was active and independent.  Gertie was aware that Aggie Knapp, a close friend, had stopped by to visit the evening before and was looking forward to hearing all about it from her mother.

The Jorgenson home

She stepped up on the porch and attempted to turn the knob of the front door.  The door was locked which was unusual for this time of day.  Gertie tried the back door and found that locked as well.  Confused and fearful, she asked Don Cook, who managed the grocery story nearby, to help her open a rear door.  Once inside, Mr. Cook found Anna, barely alive, lying on the kitchen floor in a pool of her own blood and vomit.  Blood spatter across the room indicated a terrific struggle.  The house had been ransacked.  The Sheriff, police and doctor were called immediately.

Anna Jorgenson on her death bed

Jorgenson was carried across the street to the hospital for treatment.  She had been brutally beaten, suffering two bone-crushing blows to the head which fractured her skull.  Despite the valiant efforts of medicine at the time, Anna Jorgenson never regained consciousness and died the following Monday.

SUSPECT ARRESTED

An arrest was quickly made.  Warren Dale, brother-in-law of Gertie Dale, was taken into custody and booked on a charge of vagrancy to keep him from leaving town.  Officers suspected his involvement in the robbery and murder, but were still gathering evidence. 

Dale had quite a rap sheet.  He had previously served time at the Iowa State Penitentiary in Anamosa for burglary as well as time in the Minnesota State Pen in Stillwater for second degree assault, grand larceny and third degree burglary.  He was no stranger to law enforcement.

Rumor had it that the victim kept a large sum of money in her home, but how much remained a mystery.  It was known that Dale and Mrs. Jorgenson were acquaintances since his brother was married to her daughter and he had performed odd jobs for her.  When questioned, Dale maintained his innocence despite hours of grilling by Sheriff Carl Dahlhauser.  On May 2^nd, a Trial Information was filed charging him with the unlawful and felonious murder of Anna Jorgenson.  A murder weapon was never found nor were finger print experts able to provide any evidence. 

A request for a mental examination by L. A. Winkel, court appointed defense attorney, was approved by the court.  Dale was examined by A. Ristine, Superintendent of the Cherokee State Insane Hospital and was found competent to stand trial.   Winkel also argued for a change of venue, but to no avail.  Trial was set to begin June 17^th. 

Without any eye witness to the offense, murder weapon or fingerprints, the State planned to prove its case using circumstantial evidence—testimony of others who had witnessed various acts and participated in conversations leading up to the crime.  Maurice C. McMahon was serving as County Attorney and prosecuted the case.

THE TRIAL BEGINS

The courtroom was packed to capacity each day of the trial.  Even standing room was at a premium.  Some audience members brought their lunch with them in order to keep their seats over the noon hour, and many ladies worked on their knitting and tatting during breaks.

The testimony of three witnesses – Harry Stoner, Glen McVay and Lottie McVay – would be pivotal in this case.  Those three, along with Dale, had been drinking the afternoon of April 25^th and shared supper together at the McVay house.  According to Lottie McVay, during the meal Dale asked Stoner if he knew Mrs. Jorgenson and then stated that he was going to “trap her that night.”  The four drove to the home of Art Penton around 7:30 that evening in an attempt to get a gun to use in committing the robbery.  Glen McVay testified that sometime later he dropped off Dale and Stoner in the driveway of the Kossuth County Hospital about one-half block from the Jorgenson home and watched as they crossed the street toward the house. 

Harry Stoner stated that after McVay left Dale said to him, “There’s some money there (pointing to Mrs. Jorgenson’s house), I’m gonna tap her.” Stoner testified that he told Dale, “I don’t want that kind of money,” and then Dale told him “to go to Hell.  I’ll do the job myself.”  Stoner then claimed that he left and went back to the McVay house, leaving Dale alone.

Each of the men managed to make it back to the McVay house.  First Glen, then Harry about a half hour later, and finally Warren Dale arrived around 11 pm.  Dale begged McVay to give him a ride to Fort Dodge and offered him a $20 bill for his trouble.  The prosecution took this opportunity to point out that Mrs. Jorgenson had stored her savings in $20 bills in a tin box in her home.  McVay refused and so Dale called Art Waltman who picked him up.  After stopping at Matt Selzar’s restaurant on Highway 18, Waltman took Dale to Art Penton’s house where he left him.

The trial lasted for five days.  Through vigorous cross examination, Attorney Winkel discredited each prosecution witness.  Lottie McVay admitted that she had never legally divorced her first husband before marrying Glen and was accused of bigamy and adultery.  Illegal purchase of bootleg liquor and perjury also came into question when Lottie testified as to the drinking done by the four at their home while Glen denied such actions in his testimony.  Lottie McVay, when asked “Isn’t it true that you and your husband and Harry Stoner planned the whole thing?” said yes, causing gasps in the packed courtroom, but then changed her answer under cross-examination.  Dale’s defense as presented by Winkel was that he drank alcohol provided by Stoner and McVay which made him ill and he was used as a dupe to take the blame for the crime.

Lawrence Winkel

At the close of the case, McMahon gave his closing argument followed by an impassioned three and a half hour plea by Mr. Winkel, going over the evidence, piece by piece and step by step, in an effort to show the framing of his client and to anticipate any further comments to come in the response to his closing by J.D. Lowe, specially appointed assistant county attorney. Mr. Lowe’s contention was that if Dale was not guilty, he should have been willing to take the stand and tell the court the true facts.

Before sending the jury to deliberation, Judge Heald read the jury instructions to them.  As a part of the instructions, they were given five forms of verdict.  Guilty of first degree murder with punishment being death by hanging; guilty of first degree murder with life imprisonment; guilty of second degree murder; guilty of manslaughter; or not guilty. 

VERDICT REACHED

Once impaneled, the jury took an initial vote—it was 7 to 5 for acquittal.  A final verdict would not be easily reached by jurors almost evenly divided.  After 17 long hours of deliberation, the jury returned a not guilty verdict around 10:15 on Saturday morning.  Judge Heald thanked the jury and told them that he felt they had arrived at the correct conclusion in view of the evidence presented.  Jury members unanimously agreed that witnesses Stoner and the two McVays should all be behind bars.

The Not Guilty Verdict

Dale’s joy at the acquittal was short-lived as he was immediately arrested for larceny of an automobile for which he would receive a sentence of 25 years in prison. 

A SECOND ARREST

Within a few days an arrest warrant was issued for Harry Stoner, charging him with murder.  He had conveniently skipped town and was not located until almost two years later when he was picked up in Waterloo for attempting to cash a bad check.  He was brought back to Algona January 13, 1937.  Soon Glen and Lottie McVay were also arrested—he for conspiracy to commit a robbery and she for bigamy.  The three were placed in three separate jails so that they could not collaborate on a story.

Interestingly, L. A. Winkel had just taken office as County Attorney after having been elected to the position the previous fall.  He was determined to see someone answer for the crime.  Stoner was placed in solitary confinement and not allowed to mingle with other prisoners, despite his constant pleas to do so.  After several days of unsuccessful attempts to get him to confess, Glen McVay was brought to Algona and the two were placed in the same cell.  Gaylord D. Shumway, who had been appointed special prosecutor, arranged for the placement of a dictograph in the jail, near the very cell in which the two prisoners were detained.  Wires were strung from the jail into the home of Sheriff Casey Loss.  A group including Winkel, Shumway, Loss and several city police officers took turns monitoring the dictograph.  It didn’t take long before the conversations between the inmates implicated Stoner. 

On Wednesday, January 27^th–two weeks after his return to Algona—Stoner signed a confession, entered a plea of guilty to the charge of accessory to murder and was sentenced to life in prison.  He would serve 20 years.  McVay was sentenced to three years in the State Reformatory at Anamosa.  Lottie McVay pled guilty to bigamy.

We will never know who actually killed Anna Jorgenson.  With no sign of forced entry, it makes sense that Anna would only have opened her door that late at night to someone she knew.  There was no evidence that she was acquainted with Harry Stoner, so it would appear that Warren Dale was the initial caller.  I think it is very likely that both Warren Dale and Harry Stoner were present in that house when the assault occurred. 

Site of the Jorgenson property today

One thing we can be sure of is the excruciating pain the whole event must have caused Gertie and Walter Dale, knowing that his brother had a part in her mother’s murder.  The family would not speak of this tragedy again.   Walter and Gertrude stayed in Algona where they raised their three children.  Their daughter, Vivian, would marry Harold Cowan of Algona.  Oldest son, LeRoy, was killed in action in World War II and their youngest son, Dick, would become a well-known entertainer on the Lawrence Welk Show.

Walter and Gertie Dale with their son, Dick

Until next time,

Kossuth County History Buff

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