THE DEATH OF A LAWMAN

The community of Bancroft was in shock.  Their marshal was dead—killed in the line of duty.  Strong and vital, in his early 40’s, William Gallion was well liked and respected in the community.  He and his family had moved to Portland Township in 1865 when he was just a boy and he had grown up working on the farm.  After his father passed, the family moved to Bancroft and he worked digging wells until he was elected city marshal and water superintendent in 1895.

His duties as a small-town marshal were pretty routine—investigating complaints, checking out strangers who wandered into town, escorting an occasional imbiber home when they were a little tipsy.  So how did he end up dead on October 9, 1896?

BANK ROBBERY AND MURDER

Two days earlier the bank in Sherburne, Minnesota, had been robbed by two men using the names J. D. Sair and Fred Pratt.  During the robbery the assistant cashier, George Thorburn, and a customer, Olof Oestern, had been killed.  The robbers had escaped by jumping thru a back window and riding their bicycles out of town, headed toward the Iowa line.  The two separated when just a few miles out of town to avoid detection.  Word soon spread and lawmen on both sides of the border were warned to be on the lookout for strangers matching their descriptions.  The fugitive known as J. D. Sair spent the night at Swan Lake and then head northeast the next morning being pursued as far as Swea City.  Cutting into Seneca Township, he again headed northeast.  By this time Marshal Gallion was on the trail and followed him to a farm site several miles east of Elmore, Minnesota.  Believing that the suspect had bedded down for the night, Gallion returned to Elmore.

The next morning Gallion joined forces with Deputy Sheriff E. E. Ward of Fairmont, E. D. Fuller of Bancroft, M. E. Coffey of Sherburne, and Sandy McDonald, sheriff of Blue Earth.  Gallion directed them to the home of Ole Munson.  Driving their teams into the yard, Ward jumped out of the buggy driven by Marshal Gallion, approached the house and knocked on the door.  Mrs. Munson came out.  He told her why he was there and described the suspect, asking if she had seen anyone of that description riding a bike.  She made no reply but using her thumb, pointed to the back door.

At that moment, the door opened slightly and a .38 caliber revolver appeared and began firing, first at Fuller, then at McDonald and finally at Ward who dodged to one side.  Ward moved to a window three feet from the door and began firing at the fugitive.  Fuller, who was driving the other buggy, whipped the team to action and called out to the others to look out.  He drove a short distance from the house with Gallion’s team following behind. He hitched his horses to a fence and then turned to see Gallion slightly slumped in his seat.  Realizing something was wrong, he rushed to him, eased Gallion out of the buggy and on to the ground.  As he opened his coat, he discovered Gallion had been shot near the heart and he expired shortly thereafter without a struggle.  Fuller laid him on a robe and covered his body.

Back at the Munson house, the gunfight continued.  Sair made a break for a small building a short distance from the residence.  He mounted the bicycle he had hidden there and rode north, the posse soon in hot pursuit.  Sair was an excellent bicyclist and he bobbed and weaved down the road making it difficult to get a good shot.  After about four miles though, one of the men managed to shoot out his rear tire.  He left the bike and sought refuge in a nearby corn field.  Deputy Sheriff Ward took careful aim with his Winchester, fired and wounded the suspect.  Sair continued on for a few more rods, then pulled out his own revolver, held it to his temple, and pulled the trigger.  Numerous rounds were fired by the lawmen into his body to assure his demise.  On his person they found $1,020.03 in cash, two loaded revolvers and a large knife.  His body was taken to Elmore by Deputy Sheriff Ward.

Upon learning of the death of Will Gallion, the Noble Grand of the local Odd Fellows Lodge, A. N. Leonard, traveled to Elmore to bring home the body.  Due to inclement weather that evening, the party stayed in Elmore.  Local undertaker Sparks went up on the midnight train and embalmed the body of the Marshal and then brought it home to Bancroft to prepare for burial. 

Headline from The Republican
October 14, 1896

SUSPECT NUMBER 2

The second robbery suspect, known as Fred Pratt, was taken into custody the next day in Lake Mills.  It soon became apparent that he was using an alias, but he refused to give his correct name.  He did confess to being one of the robbers and did state that J. D. Sair was his brother.  After separating from his brother a few miles out of Sherburne, he rode west and then followed the Des Moines river south before stopping for the night at a farmer’s house about five miles south of Estherville.  After breakfast he started out again following the river until just south of Emmetsburg where he turned east and headed for Algona.  Occasionally he would take refuge in a corn field to avoid meeting teams or people on horseback.  He finally arrived in Algona about 9 p.m. and put up at a local hotel.  The next morning, he had his bicycle repaired and then stopped at the local express office to see if the items he and his brother had shipped had arrived.  Not finding the shipment there, he decided that he’d better not wait for its arrival and was soon on his was way out of town.

As he left Algona, it began to rain making the roads difficult to maneuver.  He ended up walking and pushing the bike much of the way.  By the time he made it to Lake Mills on Saturday afternoon, October 10^th, he was worn out, soaked to the skin, and gave no resistance when arrested.  Officers found three loaded revolvers and two knives in his possession.   Pratt told the authorities he was from Cedar Rapids and was on his way to Minneapolis.  After being interrogated, he did admit to being one of the Sherburne robbers and that the suspect who killed himself was his brother.  He insisted that his brother did all of the shooting and that when they planned the robbery, it was understood that there would be no shooting.  Even after confessing to the crime, he refused to give his real name.  The prisoner was placed under heavy guard due both to the severity of the crimes committed and threats of lynching.

The prisoner was moved to the Fairmont, Minnesota, jail and finally, on October 13^th, he told the sheriff there his true name – Lewis Kellihan from Rock Rapids, Iowa.  His statement was confirmed and his parents, who still resided in Rock Rapids, were notified. They identified the dead robber as J. H. (Hans) Kellihan.  His parents were devastated at the news—one son dead and a second son under arrest for murder. 

Headline from The Republican
October 21, 1896

Trial for Lewis Kellihan was set for March 23, 1897, in Fairmont, Minnesota.  The defendant was represented by H. G. McMillen, a well-known lawyer.  It is said that he represented Kellihan pro bono as Lewis had rescued McMillen’s daughter five years before from drowning.  Because of the notoriety of the event, seating a jury was extremely difficult.  Three pools of jurors had to be called in before the correct number of jurors was chosen.

During the trial, the defendant’s father, John Kellihan, testified that Lew had always been a good boy and had never gotten into any trouble.  Around the age of 12 he had been thrown from a horse onto frozen ground and suffered a head injury.  He was unconscious for two days and in bed for two weeks.  Lewis had been a different person following the accident.  Among other things, his decision-making skills were adversely affected as well as his comprehension of the seriousness of a situation, and his parents knew that he could easily be led into situations beyond his full understanding. During the trial he often smiled or laughed at inappropriate times and did not seem to grasp the seriousness of the proceeding.  In fact, the reporter covering the trial for the Fairmont Sentinel observed, “He has certainly not been acting, but is either dull of understanding or a hardened evil doer.”

GUILTY OF MURDER IN THE 1ST DEGREE

Following the trial and deliberations, the defendant was found guilty of murder in the first degree.  As a part of their verdict, the jury also made a special request for mercy for the defendant.  Sentencing was set for April 12^th.  Despite multiple requests for clemency, Lewis Kellihan was sentenced to death by hanging on August 12^th.  His attorneys then petitioned the Minnesota State Board of Pardons which met in July.  Kellihan’s sentence was commuted to life imprisonment in the state penitentiary.  By late 1899, it was reported that Lewis was “losing his mind” and as time progressed, his mental health deteriorated until he became violently insane.  He died January 28^th, 1902.  An autopsy disclosed a brain tumor which was thought to have caused many of his behavior problems in his last years.

GALLION'S FUNERAL

 

Bancroft opera house known as
Jefferson Hall

The funeral for William Gallion was held on Sunday afternoon, October 11, 1896.  It was originally intended to be held in the Methodist Church, but due to the size of the expected crowd was moved to the Bancroft town hall/opera house, known as Jefferson Hall.  Even with a larger room, almost half of the mourners were forced to stand outside.  A life-size picture of Gallion was placed in the center of the hall, draped in black. 

The Bancroft banks started a fund to assist Will’s widowed mother and to erect a suitable monument in his memory.  However, I could find no evidence that such a memorial was ever constructed.  After losing his life in the line of service, Marshal William Gallion lies forgotten in an unmarked grave in Portland Township Cemetery.

My thanks to Doug Nyman of the Bancroft Historical Museum for his help in locating a photo of the Bancroft opera house.

Until next time,

Jean

 

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A CHRISTMAS TRAGEDY

Nancy Yeoman, a good friend and researcher, emailed me some articles she had come across while researching another matter that she thought might make good topics for blog posts.  I have to agree (and I am glad that someone else gets distracted from the research project at hand whenever another headline catches their eye and lures them in).  This particular story is a tale of love and marriage, unhappiness and parting, murder and suicide—a difficult story to tell, but a reminder that violence is not new to our society.

THEIR STORY BEGINS

Etta Campbell and Harry Adams were married November 25, 1895, at the home of Etta’s father, Zane Campbell.  The Campbells farmed just north of Woden in Grant Township, Winnebago County.  The two met when Harry was working for a crew putting up hay in the area.  He had grown up in Algona, the son of Mr. and Mrs. William Adams, long-time residents who lived south of town.

The couple went on to have two daughters, Dora and Vera, and to all outward appearances, the marriage was a happy one.  Harry was a hard working young man despite a handicap.  Caught in a cyclone while living on the farm, his right arm had been badly broken. Due to the manner in which it was set, after it healed it was shorter and a little crooked.  This disadvantage did not slow him down though as he had jobs haying, driving teams, picking corn and cutting wood.  The nature of the work he performed was that of a laborer and it appears that the family may have struggled financially to some extent.

TROUBLES SURFACE

As we all know, appearances can be deceiving as no one knows what goes on behind closed doors.  The couple became estranged at some point and so by September of 1902, Etta Adams decided to leave her husband and children and did so in a way that caused criminal charges and public embarrassment. 

Her intention was to leave town and quietly make her way to Elmore, Minnesota, where she intended to find a job.  Sometime prior to her planned sole departure, she met a young girl by the name of Loretta Phillips who for whatever reason wanted to run away from home.  Etta consented to take her along even though she was only 13 years of age. Etta hired a driver by the name of Joe Fraser to take them to Elmore, Minnesota.

Leaving Algona on Monday, September 8, 1902, they traveled on back roads mostly at night to avoid being found.  During the day they would rest at hay stacks to avoid detection.  They reached Ledyard on Thursday, September 11^th.  It was there that Marshal Fred Jenks spotted them, having been alerted of outstanding warrants for the two adults.  He arrested both Etta Adams and Joe Fraser who were charged with enticing away a child under the age of 14.  The three were transported to Algona by the 2 o’clock train.  All three appeared before Justice of the Peace Raymond.  Loretta was sent home to her parents and bond was set at $200 each for the two adults.  While in the court room, it was observed that none of the three seemed much concerned, especially Etta who chewed gum during the entire proceeding.  She did declare in open court that she never would go back to live with her husband again.  Shortly thereafter, her bond was posted by Harry and she did return to live with him.

In an affidavit filed the following week in the case against her, Etta stated that she had been having trouble with her husband because he got drunk and abused her.  She stated that she had told him that she was going to leave him.  Her affidavit, along with similar statements from Loretta, Loretta’s mother, Joe Fraser and Harry Adams, stated that neither Etta nor Joe enticed Loretta to leave her home and that she had accompanied Etta of her own free will.  All charges were dismissed against both Etta and Joe, but the damage had been done to their reputations.

SEPARATION AND A DIRE DECISION

Although they had reconciled, the young couple continued to have problems.  They were living in a house near the Milwaukee depot and Harry was making $35 per month working for the Algona Milling and Grain Company delivering coal.  Following the incident involving her arrest, Etta declared that the whole town was gossiping about her and she wanted to move.  Harry agreed, quit his job and sold off their furniture and belongs in preparation for the move.  Etta announced that she was leaving to look for a more desirable location.  She then left without telling Harry where she was going.  It is not known how much time passed, but eventually Etta was spotted in Fairmont and Harry went there immediately.  He brought her back to Algona where they rented a small home in the western part of town.  Etta was still restless and unhappy.  It was intimated that male callers came to her home while Harry was at work.

On Thursday, December 18^th, Cora Whitson came to call.  Mrs. Whitson had quite a reputation as she, along with Blanch Ferguson, had been charged with prostitution the previous year and had been run out of town.  Cora had just recently returned.  How these two women met or formed a friendship is unknown, but they both must have been hungry for some adventure.  They hatched a plan to meet the next evening.  With her husband gone chopping wood for Ambrose Call, as soon as Etta had her two small daughters tucked in bed on Friday evening, she left.  Upon his arrival home and finding his wife gone, Harry woke his children asking where their mother had gone.  They stated that she had gone off with “jingle bells.”  Knowing his daughters used that term for the sound of sleigh bells, he took off for the livery stable where he found the two women preparing to leave.  Adams begged his wife to return home, but she rebuffed him and swore at him.  Etta set off with Cora and didn’t return until 2 a.m.  Where they had been and what they had done was unknown but upon her return Adams packed up his two little girls and all of the belongings he could carry and made his way to the home of his parents. 

Harry met with Cora several times over the next few days, begging her to come back and offering his forgiveness.  He asked to take her to see her parents for Christmas, but she refused, saying they all could go to hell and that she did not care for Harry or them.  After the final rejection, it appears that Adams decided that if reconciliation was not possible, he would bring a conclusion to his suffering by ending both of their lives.

DAY OF RECKONING

Harry and his daughters were living with his parents whose home was south of town across the river.  Etta moved in with Cora Whitson who was living with her two small children in a couple of small dirty rooms in the old college building which had been turned into a rooming house after its move to the corner of Dodge and Nebraska streets.  It was there that Harry came with his shotgun on his shoulder after having Christmas dinner with his family and writing his suicide note.

 The site today where the old
college building sat in 1902

He confronted her one more time asking that she come home and change her mode of living, but she refused.  The two began to argue loudly and Mrs. Whitson looked in to see that Adams had his wife on the floor and was hitting her. Etta cried out, “Harry I will go home if you let me loose.”  A moment later Whitson heard a shot and again looked in to see Etta lying face downward on the bed, shot to death.  She ran to get help and then heard a second shot.  When she returned she saw Harry’s dead body sprawled on the floor. 

The news articles of the day were quite graphic in their description of the bodies and the crime scene, leaving little to the imagination.  The suicide note was printed in the newspaper in its entirety including his last words to his children:  “Poor little Vera and Dora.  I hate to leave you.”

Harry’s body was taken to his parents’ home where a funeral was conducted by Rev. R. T. Chipperfield the following day.  He was buried in Riverview Cemetery.  Etta’s father, brother James, and brother-in-law Dick Gibson came down from Woden.  They took her remains on the midnight train as far as Burt where they had a team waiting for them.  By early Saturday morning Cora Whitson had also left town.

Newspapers often took advantage of tragedies such as these to wax eloquently on moral turpitude and this instance was no different.  In the January 2, 1903 edition of the Algona Courier, the following was written:

“It would be difficult to imagine a scene from which a more impressive lesson could be drawn as to the value of virtue and right living than the scene of that tragedy.  The dirty little room; the two mutilated bodies; the spattered blood and brains; the wretched woman who was to some extent to blame for the extinction of the two lives in another dirty room with her dirty little children huddled about a stove.  It was such a place that Mrs. Adams preferred to her own humble home.  It has been truly said that virtue is its own reward.  No matter how poor the home is if fidelity and virtue abide there it may be in a measure happy.  Its occupants may have approving consciences and self respect and the respect of others.  Even in dire poverty children may be reared to reverence religion, truth and virtue and conscious of the rectitude of their lives they become strong, self respecting and wholesome members of society.  But in households where there is no religion or moral training there is seldom virtue and the ornaments which it bestows.

“Young women and young men too should be warned by the fate of Mrs. Adams and her husband and also by the fate of Mrs. Whitson and Mrs. Ferguson and all such unfortunates.  When the jewel of virtue is lost womanhood is degraded too low for contemplation.  Let her who would be happy, respected and love preserve that jewel from stain as she would preserve her life from danger.”

Until next time,

Jean

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"TWO GUN" HENDERSON

During the depression years of the 1930s, bank robberies were quite common across the nation.  There were many notorious criminals--the names John Dillinger, Bonnie and Clyde, and “Baby Face” Nelson come to mind.  Several of them were alleged to have passed through or near the area.

However, the name that struck fear and terror in the hearts of local bankers and law enforcement here in northern Iowa was that of “Two Gun” Henderson.  Born in Arkansas, Hillary “Two Gun” Henderson came to this part of the country via Texas, Missouri, Kansas and Nebraska, leaving a trail of robbed banks in his wake.  It wasn’t long before he found some Kossuth County banks ripe for the picking.

Between the middle of August and the middle of November of 1930, four area banks were robbed—the Bank of Lu Verne, the Exchange State Bank in Wesley, a bank in Hardy, and finally the People’s Savings Bank in St. Benedict which was robbed twice in less than three weeks.

LU VERNE BANK ROBBED

Bank of Lu Verne

The robbery in Lu Verne occurred on Wednesday, August 20, 1930, at about 9:30 a.m.  Two men with guns drawn entered the bank and told the three employees – Consuelo Hanna, W.Scott Hanna, and Arthur Hof – to “stick ‘em up.”  With their hands in the air, the trio was then directed to lie down on the floor.  The younger of the two men was wearing a mask and guarded the bank

Consuelo Hanna

workers.  His nervousness was palpable and the other bandit reassured him several times that there was little danger.  The older robber cleaned out the teller drawer and then ransacked the vault.  Once he had plundered all cash and bonds in sight, the three staff members were ushered into the vault and the door was shut and locked.  The two bandits escaped to the car where their accomplice, St. Benedict native Art Rosenmeyer, was waiting and they tore out of town to the north.  The two robbers would later be identified as “Two Gun” Henderson and Lawrence Dugan. 

Meanwhile, after giving the bandits sufficient time to leave, Mr. Hanna worked the inside combination to unlock the bank vault.  Once the door was open, he called Sheriff L.E. Hovey to report the theft.  The bank robbers had been spotted by a LuVerne youth as they left the bank with money bag in hand.  He did not enter the bank until they had disappeared.  It is interesting to note that a news article in the August 27, 1930 edition of the Whittemore Champion reporting the robbery chastised the young man by stating, “The youth was driving a Buick, and could have kept the robbers in sight if he had grabbed a companion off the street and chased them immediately.”  Later in the article further directions were given to the public.  “Proper procedure following a bank robbery, as suggested by Mr. Hovey, is to follow the bank robbers at a safe distance.  The important thing is to keep them in sight.  This forces the robbers, naturally nervous, to keep to the main roads in order to make speed.  In the meantime the surrounding country will be warned and be on the look-out.  The sheriff or other peace officers would then have a chance to waylay the car and its occupants.”

The getaway car was found two days later near a straw pile on a farm near Hanna Switch.  The vehicle had been stolen from F. B. Spangler in Janesville, Minnesota, and the plates came from a vehicle registered to a man near Buffalo Center.

EXCHANGE STATE BANK, WESLEY

Almost a month passed before the next robbery.  On the morning of Thursday, September 18, 1930, “Two Gun” Henderson, brandishing a revolver and swearing, entered the Exchange State Bank at Wesley.  His face had been smeared with grease to camouflage his appearance.  He demanded that the employees and a customer lie on the floor while he looted the till of about $700.  Henderson next herded the group behind a partition in the center of the bank and again made them lie down.  The bandit then demanded that the assistant cashier, John Hutchison, open the vault, but Hutchison convinced him that there was a time lock on the door which prevented him from opening it.  Knowing he would be unable to get to the more lucrative stash kept in the vault, “Two Gun” fled the bank.  He jumped into a gray coupe and headed west out of town at a high rate of speed.  Officers attempted to follow but eventually the driver eluded them. 

Exchange State Bank, Wesley, Iowa

After his escape from the law, Henderson met up with Art Rosenmeyer and another accomplice, Walter Baer.  The night before he had tried to talk them into helping him rob the Wesley bank but they had declined.  Now that he had boldly committed that robbery on his own, he convinced them to accompany him to the Hardy bank that afternoon. 

ROBBERY IN HARDY

Henderson and Baer entered the Hardy bank at about 3:30 p.m.  Following the same modus operandi used in the earlier robberies, an employee and a customer were ordered to lie on the floor while another employee was ordered to open the vault.  As the robbery unfold, a woman passing by observed what was happening and spread the alarm.  As the men fled the bank, Marshal Lewis Rasmussen fired, hitting “Two Gun.”  The two robbers made it into the car which quickly sped out of town.  Although law enforcement followed in hot pursuit, the robbers’ car was no match and soon outdistanced their pursuers. 

Although the marshal was able to get a shot off at the fleeing bandits, State Agent J. E. Hronek who investigated the case, expressed his disappointment that area merchants had not taken action.  Having been warned by the observant woman, the merchants, armed with shotguns, took positions on the roofs surrounding the bank.  He stated that they could have fired into the engine or tires of the vehicle to block escape or actually fired at the bandits while they made their getaway.  A carload of local men actually pursued the getaway vehicle out of town.  It eventually turned into a dead end road.  Hronek was upset that instead of blocking their escape path, the locals allowed their quarry to turn around and speed by them without firing a shot.

As the robberies became more common, bank robbers were wanted more dead than alive.  In September of 1930 the Palo Alto County Bankers Association offered a reward of $1,000 for “the first dead bank robber brought in by any person or any member of the vigilante committee.”  Many local communities organized vigilante groups to provide additional protection which, from the comments of the sheriff, appears to have been encouraged.

It was said that had an attempt been made on any Algona bank, anywhere from 10 to 20 shotguns would have gone into action on State Street.  The courthouse was also heavily armed.  Clerk of Court Clark Orton kept a deer hunting rifle in the second floor southeast corner room ready to spring into action.  In reality Algona was most likely protected by its traffic problem.  At that time cars were double parked on each side of State Street making it difficult to make a quick getaway.

The three robbers involved in the LuVerne, Wesley and Hardy crimes were not able to be tied to either of the robberies of the Peoples’ Savings Bank of St. Benedict although Art Rosenmeyer was suspected of being involved in the first robbery that occurred there.  Three other men were later arrested for the second robbery.  They were identified as Myron Martin of Renwick, Clarence Perry of Clarion and Harris Damon of Holmes.

PAYING THEIR DEBT TO SOCIETY

The only local man involved, Art Rosenmeyer, was apprehended and charged with aiding and abetting the two men who robbed the Bank of LuVerne, Iowa, by acting as the getaway driver.  He was sentenced to an indeterminate term not to exceed life on October 30, 1930 and sent to Fort Madison.  He was paroled on February 12, 1936 and returned to the St. Benedict area where he lived the rest of his life.  Rosenmeyer married in 1944 and had eight children.  He died in May of 1966 and is buried in the St. Benedict Catholic Cemetery.

So what happened to “Two Gun” Henderson?  He had also been suspected of bootlegging when he resided on a farm near Blue Earth, Minnesota, before he became a bank robber.  At the height of the crime spree, local law enforcement did all they could to track him down.  Accomplices were arrested in Minnesota and Sheriff Hovey and witnesses from the various bank robberies traveled to make identities and to obtain information about the ring leader.  Henderson, along with a pal, Clarence Campbell, was finally arrested in Wichita, Kansas, in October of 1931 after robbing the bank in Hayesville.  Sentenced to a maximum of 50 years at hard labor in Kansas, he was released from prison in 1939 and brought back to Kossuth County.  Henderson pled guilty to robbery with aggravation for the robbery of the Exchange State Bank in Wesley.  He was sent to the Iowa State Penitentiary at Fort Madison to serve 25 years.  Court records reflect his release in September of 1945. 

From that point on, his information trail runs cold.  Did he ever answer for any other robberies or crimes he may have committed?  Or did he turn his life around after serving his time?  Most likely, we will never know.  Hillary “Two Gun” Henderson was finally laid to rest in Mount Sherman, Arkansas following his death on August 28, 1969.  Although he is gone, his legend lives on.

Until next time,

Jean, a/k/a KC History Buff

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THE ASSASSINATION OF MERRILL CALL

Merrill Call is a grandson of Asa Call.  He is buried along with four generations of Call family members in the tomb located in Riverview Cemetery.  Today I want to share the story of the heinous crime that took his life at the age of 26. 

FROM ALGONA TO SIOUX CITY

Born in Algona May 8, 1878, Merrill spent much of his youth here until his parents, Asa Frank Call and Lucina Hutchins Call, moved to Sioux City when he was 10 years old.  He never lost his love for Algona and visited often – especially his mother’s parents, Mr. and Mrs. D. H. Hutchins.  He was an active cyclist—in fact when he was 16, he rode a bicycle here from Sioux City, making the trip in about 16 hours.  It is hard for me to imagine the condition of the roads that he had to travel on—it certainly would not have been an easy trip.  Earlier that same year, he placed third in the five-mile bicycle race at the Kossuth County Fair and won a fine sweater.  Don’t you think that given his love of cycling, he would have been an active participant in RAGBRAI if he was alive today? 

Merrill Call

He completed high school in Sioux City and later studied engineering at Purdue University.  At the age of 20 he became the superintendent of the Sioux City street car lines. 

In 1903 Merrill married Lucy Tolerton of Toledo, Ohio, and the two later had a daughter, Mary.  After their marriage, he agreed to take a job in the Tolerton family business.  Lucy’s father, in company with a number of Toledo associates, owned considerable mining property located in Yaqui Indian country in the state of Sonora, Mexico. 

TOLERTON MEXICAN INVESTMENTS

Among the holdings of the group in the Yaqui country was a smelter at Toledo camp, 35 miles from the nearest railroad station.  Merrill had recently been made a manager at a salary of $10,000 per year-more than the pay of a United States Senator. 

A trip was organized in January of 1905 to inspect some nearby mining properties for the Yaqui Mining and Smelting Company, of which his father-in-law was a stockholder.  There were eight members in the party, which included four other employees, two Mexican drivers and Charles Tolerton, his wife’s cousin, who came along as a pleasure trip.  It was on this trip that Merrill met his fate.

Realizing the unsettled and restless condition of the Yaquis, before setting out on the expedition, they had put in a request for a guard.  The Mexican authorities declared an escort to be unnecessary on account of the number in the party and the fact that the Indians were not particularly hostile to Americans.  Determined to reach the mines at any cost they set out without the guard, heavily armed with six shooters. Merrill himself carried a shotgun as did most of the rest of the party.  Charles also carried a rifle and a dagger.

They had completed the inspection of properties at camp Toledo and were returning in the late afternoon to La Colorado, a distance of about 75 miles, traveling in two four-horse stages.  Call was traveling in the second stage with Charles and two others. 

They proceeded along a broken road, each side of which was thickly grown up with mesquite grass.  The road itself was much traveled and not considered very dangerous.  Great quantities of silver bullion were hauled over the road every day to the railroad for shipment.  Unaware of any lurking danger, they proceeded along the desert road.  The horses were trotting slowly, the Mexican drivers sitting on top.  A low hill arose from one side of the road, which passed around the foot of the hill in a winding course, and was lost in the distance.  Inside the stages the men were chatting pleasantly when suddenly, without any warning, there was a volley at close range, and bullets whizzed in all directions.

Everybody jumped out of the stages in an instant.  Herbert Miller, a passenger in the first stage who was familiar with the country and its dangers, yelled “For God’s sake, boys, run!  It’s the only way you can be saved!” 

A FIGHT FOR THEIR LIVES

At a ranch house where they had stopped not long before, the members of the party had been joshing each other about being heavily armed, and it had been generally agreed that it would be better to make a good run than to stand and be shot in case of an attack by the Yaquis.  But at the critical moment most refused to run.  However, when Miller gave the warning, Charles Tolerton threw down his rifle and ran.  Charles, Miller and one of the Mexican drivers took to their heels and they are the only three who made it out alive.

The Indians must have numbered 75 from the way they fired, for bullets came thick and fast.  The first volley killed the Mexican driver of the second stage and he reeled off the rig, his body riddled with bullets.  Another volley snuffed out the lives of two party members, who fell in their tracks after jumping from the first stage.  A passenger in Merrill’s stage, Walter Steubinger, was the next victim.  He was killed after leaving the rig.  One of the four horses from the first stage was killed by a bullet from one of the rifles and the Mexican driver leaped to the ground and made it up the hill.

At the first volley, Merrill had jumped to the ground and took refuge behind a stump, where he used his shotgun in the hope of affording escape to the other members of the party.  He took one shot to the abdomen but was able to struggle up to his knees and continued pouring shot into the Indians, until a bullet in the neck ended his life.

The Indians frightened the horses and they started up the road at a breakneck speed.  As it rounded the turn of the hill, Charles was barely able to clutch the end gate of the wagon, and, swinging himself into the vehicle, drove with all speed toward town with five Indians in hot pursuit, yelling and shooting as they rode.

After traveling several miles, one of the horses fell dead.  Charles quickly leaped from the wagon and, cutting the lead team loose from the pole of the stage, threw an overcoat on one of the horses, and, leaping upon him, continued his mad ride.  The Indians stopped their pursuit when they reached the stage.  Tolerton rode on to Cobachi, about ten miles from where the attack occurred.  The village was made up of Mexican ranchers who did not speak English.  It took some time to find anyone who could understand English. 

Miller, in the meantime, had made good his escape and, closely followed by the Mexican driver, hastened to a town in another direction, running the entire distance.  He explained the attack to the inhabitants of the town and a rescuing party was quickly made up and hurried to the scene of the attack.

When the party arrived the Indians had escaped.  The Indians had stripped all of the bodies which had been beaten with rocks and clubs.  The bodies were removed to the home of a rancher.  The next day they were delivered under a heavy guard into the hands of an undertaker to prepare for shipment home.  It was only after all arrangements had been made that Miller finally had his own injury treated.  He had been shot in the hip and endured his pain and suffering until he was satisfied that the bodies would be safely returned.

BODY BROUGHT HOME

Merrill's mother

Merrill Call’s body was returned to Sioux City for funeral services.  From there it traveled by special funeral train to Algona accompanied by his wife, his parents and other family and friends.  The funeral cortege arrived in Algona very early in the morning and the party remained in the sleeper until about 7 am when friends in Algona sent carriages for them and brought them to the Durdall Hotel for breakfast.  His casket was removed from the train to the Call family vault here in Riverview cemetery prior to the gathering of friends.  The interior of the tomb was banked with carnations and roses.  A short service was conducted by Rev. Holmes.  There was a large attendance of sympathizing friends of the family at the interment, despite the zero weather prevailing.

INVESTIGATION OF ATTACK

Although it was originally thought that the attackers were Yaqui Indians, following the massacre Herbert Miller found inconsistencies and continued to investigate the matter.  Yaqui Indians were known to purchase their ammunition in the United States.  Empty shells picked up on the ground at the scene of the tragedy were of the Mauser type, which convinced him that they were purchased or obtained in Mexico as the Mauser was very little used in the United States.  He became confident that it was Mexicans -- not Yaqui Indians -- who were responsible for the murders.

During a follow up trip to Mexico, the Governor of Sonora demanded a meeting with Miller at which he accused him of plotting against the Mexican government.  In fact, the Governor went on to accuse Miller himself of committing the murders claiming that his mines were worthless and that he did not want the rest of his party to give out a bad report so Miller had the whole party killed.  Further the Governor demanded that Miller provide him with a statement relieving the Mexican government from all responsibility.  Of course, Miller refused to do so.

Miller joined forces with Merrill’s uncle, Joe Harry Call, of Los Angeles and Ex-Senator John M. Thurston of Nebraska to pursue an indemnity claim for $450,000 against the Mexican government.  He was convinced that it was the duty of the United States to demand instant protection for Americans from the Mexican government.  It threatened to turn into an international incident. 

THOSE LEFT BEHIND

Merrill's father

Merrill’s death was a particular blow to his parents as he was their last surviving child -- his brother Joe succumbed to typhoid several years before, leaving only Merrill to carry on the family name.  Many dreams of his parents died with him.  In fact, their grief was such a strain on their relationship that they later divorced.

Following his death, his widow and daughter first moved to Sioux City to live with Asa Frank Call, Meriill’s father, and then moved to Sonoma County, California, where his father owned a citrus farm.  It was near that home where his father was hit by a train and killed a few years after Merrill’s death.  Although he wished his ashes to be scattered “as though he had never existed,” they are interred here in the Call tomb.  Merrill’s precious little daughter Mary was Asa Frank’s sole heir.

In 1914, Lucy married Richard Kirkley.  She went on to have a second daughter and lived to the age of 97.  She remained in California for the rest of her life and is buried at Riverside, a half a continent away.  

Such a sad ending to very a promising life. 

Until next time,

Jean

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COLD BLOODED MURDER

With Halloween just a couple of days away, I thought it might be interesting to bring you a story of lies, deceit and, yes, cold blooded murder.

The Benjamins

Professor L.T. Benjamin was hired by the Congregational Church of Algona in 

L. T. Benjamin

1903 as organist and musical director.  He was a master of the pipe organ and also taught organ and piano.  Besides Professor Benjamin, the family consisted of his wife, Minnie, and their three children, Mary, Paul and Ralph.  The family had previously resided in Manson, Iowa, where the professor had held a similar position with the Congregational Church there.  They all soon moved to Algona and settled into their new community.

The professor was very talented and almost immediately had large numbers of students under his instruction.  In addition to providing all of the music for church services, Benjamin provided music for weddings, funerals and other events at the church.  He often provided music for various community events and was a member of several community organizations including the Algona Harp Orchestra for which he served as pianist.

Mrs. Benjamin too became an active member of the community.  She had a beautiful singing voice and often joined her husband in providing music at the church.  Minnie belonged to several organizations including Eastern Star and the Women’s Library Aid Society.  She became involved in the local Red Cross serving in many capacities, finally as head of the entire Home Service Department where she provided invaluable assistance to many soldiers and their families during and after World War I.  Mrs. Benjamin became well known in the area for her kindness and generosity.

So it came as terrible shock to the entire community when on January 15, 1921, Minnie was brutally murdered. 

The Crime Scene

According to an article published in the Upper Des Moines Republican on January 21, 1921, the crime scene was described as follows:

“The body of Mrs. Benjamin lay upon the floor, the face covered with blood, the clothing disarranged to give the appearance of another crime.  The walls were spotted with blood in places and the door and the casings were spattered.  Four holes were found on her head, inflicted with a hammer that was found near by.  One gash on top of the head appeared to have been made with an axe.  The body was terribly bruised, the chest and the abdomen having apparently been kicked.  It was no doubt the most brutal murder ever committed in northern Iowa.” 

Drawing of crime scene from January 26, 1921
edition of The Upper Des Moines - Republican

The body was discovered by Professor Benjamin and their boarder, Alice Moline, when they returned to the house in the evening.  Law enforcement along with Dr. Hartman were called.  After examining the body, the doctor determined that Mrs. Benjamin had been dead for about 30 minutes.  A hammer which was determined to be the murder weapon was found at the scene along with a rag soaked in blood which had been thrown in the stove and was partially burned.  Mrs. Benjamin was 53 years old.

The Investigation Begins

"The Death House on West State Street"
as pictured in the
January 26, 1921 edition of
The Upper Des Moines - Republican

The house in which the Benjamins lived was about three blocks west of the courthouse and was owned by D. B. Austin.  Coroner W.E. Laird was called to remove the corpse to the undertaking parlor.  While at the crime scene, Laird called Professor Benjamin back in to look at the body.  The husband seemed cool and collected—not like a husband whose wife had just been brutally killed.  The coroner also noticed blood spots on the coat, vest and pants of the professor.  He later issued a warrant for his arrest.  Benjamin was taken into custody at the home of his friend, T. H. Wadsworth, where he had gone to spend the night.

Benjamin denied the heinous crime.  In his statement to the police, he stated that he had been downtown conducting various business transactions earlier in the afternoon.  He had encountered Mrs. Benjamin and the two of them had shopped at the grocery store before returning home at 5:30 p.m.  A neighbor saw him leave about 15 minutes later and he went back downtown where he visited the County Savings Bank, Miller Drug Store, and Moe & Sjogren’s where he purchased some fruit and a loaf of bread.  He visited Rexall Drug Store where he bought a newspaper and then proceeded to Miner & Stephenson’s Candy Kitchen where their boarder, Alice Moline, worked.  Alice was engaged to be married to one of the Benjamin sons.  He waited for her to get off work and the two of them walked home, finding the house dark and upon entry, discovering the body.

Despite his denials, County Attorney S. D. Quarton, Sheriff George Hackman, G. A. Brunson, and state agent O. O. Rock continued their investigation and circumstantial evidence began to mount.  Two motives for the crime were formulated.  Their first was that he wanted his wife out of the way.  Rumors had circulated through the area for several years that Benjamin had been having an illicit affair with one of his students.  Secondly, as the beneficiary of an insurance policy on the life of his wife, he would receive proceeds of $1,000.  Professor Benjamin had lost many of his students due to the rumors of the inappropriate relationship and he had recently resigned his position at the Congregational Church at the request for the church trustees.  He had obtained a job in Chicago and he and his wife had been packing up their possessions for the move when the slaying occurred.  It was well known that the couple were in financial straits. 

Benjamin was constantly grilled while in custody.  He refused to break. 

The “Other Woman” Tells Her Story

Meanwhile, the “other woman” was located and questioned.  Aged 31, she had met the professor three or four years earlier when she began taking piano lessons from him.  He began to make advances toward her after just a few weeks of lessons.  She found herself falling in love with him and returned his advances.  Knowing that he was still married, she did move out of state for a short time, but soon returned to him.  Over and over again Benjamin told her that he and his wife were planning to divorce and used multiple excuses as to why it was not happening.  When she would bring up the topic of the divorce, he kept blaming the delays on inattentive attorneys or requirements set by the court regarding the minor children.  At one point he told her that they had already received a divorce in Fort Dodge, but were living together until their youngest son graduated from high school. Her parents investigated and found out that there was no divorce in Fort Dodge and confronted him.  He eventually smoothed over the situation with "the other woman" and was able to convince her that he still planned to marry her.  She states that shortly before the tragedy occurred, Benjamin had told her that the divorce had been finalized and so she had prepared her wedding clothes for the trip to Chicago.

At some point, Minnie Benjamin discovered the affair and several times confronted her husband, threatening divorce.  Each time he begged for her forgiveness and told her he would end the relationship.  The professor in fact did not bring an end to the affair, but instead continued to conceal his true behavior to both women.

The Court Proceedings

On the 25^th of January, just ten days after the murder, a grand jury was to be impaneled to determine whether or not charges would be brought against him.  That morning the professor met with his attorney, T. P. Harrington.  Shortly before the arraignment set for 2 p.m., Benjamin met with his children.  That meeting appears to have changed the defendant’s mind concerning his continued declarations of innocence.  Before the proceedings could begin in earnest and at Benjamin’s request, Harrington requested to meet privately with the presiding judge at which time the professor admitted his guilt.  The County Attorney immediately filed murder charges against him.  The defendant was then brought back into open court where he publicly admitted his guilt.  Judge D. F. Coyle then stated that evidence concerning the degree of murder would be taken the following Tuesday, February 1^st.

Observers began arriving early for the hearing.  When the Clerk arrived that morning, two men from LuVerne were found on the floor immediately outside the courtroom sound asleep.  When the hearing began, there was standing room only and the hallways and stairs leading to the courtroom were too crowded for law enforcement to pass without great difficulty.  The defendant had to be brought into the courtroom through the Clerk’s office.

The defendant was sworn in and began giving his testimony.  All questions were asked by the judge.  He testified that problems arose in his marriage beginning 12 to 15 years before.  The professor began drinking too much and flirting with other women.  He put no blame on his wife and stated that the affair that he later entered into caused his family much shame and distress.  The public gossip caused him to be ostracized which resulted in the loss of many students putting the family into financial hardship.  His forced resignation from his position at the Congregational Church placed him under extreme stress.  There were many bills and not enough money to make the move to Chicago.

He stated that when he and his wife returned home from the grocery store the night of the murder, he had gone out immediately to bring in some coal for the stove.  While he was gone, Mrs. Benjamin got the mail and found a personal letter which she read.  The professor stated that when he returned to the house with the coal, he found her extremely wrought up.  He did not know who the letter was from as she threw it in the fire.  He tried to reason with her but she

Block of West State Street on which
the Benjamin family lived as it looks in 2015

became more agitated with him.  Benjamin began to see all of the plans he had made begin to unravel and, in a fit of frenzy, he picked up the hammer which they had been using to seal the packing crates and struck a blow to her head.  He stated that he did not remember anything that happened after the first blow and did not know why he attempted to cover up the crime.

County Attorney Quarton stated that the offense was clearly premeditated, setting out all the evidence against the defendant, and adamantly argued for the death penalty.  Defense attorney Harrington argued that the deed was not premeditated but that the defendant had acted on impulse.  He stated, “It seems to me that no sane man could contemplate such an act as was committed.  Mr. Benjamin was considered an average man intelligently.”

Sentence is Pronounced

Judge D. F. Coyle

Judge Coyle gave the law and also expressed his adversity to capital punishment.  After a touching talk with the defendant about reforming his life by bringing his story to others to prevent future incidents like this one, the judge determined that the murder was not committed with premeditation, and pronounced him guilty of second degree murder.  Professor Benjamin was sentenced to 50 years at hard labor at Fort Madison penitentiary.  He was taken by train to the prison later that same day.  He was 54 years old.

Professor L. T. Benjamin died at the prison following a hernia operation in April of 1923 after serving just two years and two and a half months of his sentence.  Where he was buried is not known.

Until next time (and Happy Halloween!),

Jean (a/k/a Kossuth County History Buff)

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