Knox County, Illinois - Chapter 10: Criminal Record First Murder, 1878

Chapter 10: Criminal Record First Murder

In the winter of 1837 Dr. Valentine T. Dalton, of Knoxville, while he was the family physician of Mr. Rude, of the same place, took a daughter of Mr. Rude's, Hester Ann, out riding with him in a cutter one evening. His conversation became rather insolent, and while he was tying his horse she escaped to a cabin near by and concealed herself. The doctor was subsequently arrested and he gave security for his appearance at court the ensuing spring; but before the session of the court, one beautiful spring day about 12 o'clock, while Hester Ann and her brother Silas were alone at their home, and Dr. Dalton was standing in the street with his back toward the house, talking with Sheriff Osborn, he was shot by a gun from a window, and expired in about 20 minutes. Silas and Hester Ann were arrested and committed to jail. Judge R. L. Hannaman, then master in chancery, sent Hester Ann, under a writ of habeas corpus, to the nearest circuit judge, who was at Springfield, and she was released. But Silas, before he was tried, was let out of jail one night, some one outside using a crow-bar for the purpose of breaking through. He went to ' Kentucky, married there, and after a number of years returned to Knox county; but in a short time he removed to Southern Iowa, where, as is reported, he became a dissipated ruffian of the most desperate character. At length, without any legal provocation, he shot one of his neighbors, and the citizens immediately collected together and pursued him, overtaking him in an unfinished barn, where, armed with a revolver and probably other weapons, he at first declared that they would never take him alive. They assured him, however, that they would take him alive; and after remonstrating with him a little while, he agreed to surrender if they would permit him first to have a talk with his wife. They granted him leave; and after he had talked with her about an hour and a half, they concluded that that was sufficient time, and took him out a little way from his house and shot him.

Hester Ann, on the very evening of the day she was released at Springfield, married a Mr. Saunders, and after residing in Missouri for some time, returned to this county, and then moved to Monmouth, 111., where a daughter ot hers married Mr. Madden, a young lawyer of that place. She, however, recently obtained a divorce from Mr. Madden, and now resides in Missouri. Hester Ann, after experiencing many of the most dramatic scenes of life and losing her husband, removed to Peoria, where at last accounts she was still living.

John Root, a Swede of Henry county, was sentenced September 18, 1852, for two years, for manslaughter. He was educated as an American, but married a woman more recently from Sweden, who was a member of the Bishop Hill colony. Eric Jansen was autocrat of this colony and would not let Mrs. Root leave it to live with her husband among the Americans. Mr. Root brought suit against Jansen at Cambridge, and while the case was pending, he shot and killed him in the court-house, at mid-day, while the people were mostly at dinner. Root was indicted for murder, and the case was brought to Knoxville, where he was tried and sentenced. At the end of a year he was pardoned.

This man was indicted for murder at the October term of 1857, and two years from that time he was sentenced for six months for the crime of manslaughter.

indicted October, 1870, for the murder of Mrs. Ellett, whose corpse was found in a decomposed condition near Henderson. The case was changed to Henry county, where the prisoner died in jail.

Ankrew B. Swansen, a Swede of Galesburg, killed his wife by poison in July, 1872, and was indicted for murder at the October term of that year, and his case taken to Warren county, where he was subsequently convicted of manslaughter and sentenced for 15 years ; but before he was taken to the State prison he committed suicide, cutting his throat with a razor. He was buried in Galesburg on the very day that Osborne's trial commenced.

The only person who has suffered capital punishment in Knox county was John Marion Osborne, executed at Knoxville, March. 14, 1873, for murdering Mrs. Adelia M. Matthews, one and one-fourth miles west of Yates City, August 5, 1872. He was born in Clay county, Illinois, January 16, 1846. From 5 to 22 years of age he resided in Delaware county, Iowa, except what time he was in the army; he then joined a band of " Western Bandits," whose operations (according to Osborne's confession) extended from Fort Scott, Kansas, to St. Paul, Minnesota. He took the, usual brigand's oath, and never betrayed his fellows ; was sent to Iowa State prison for two and a half years for larceny; served out the term of the sentence, less the time gained by good behavior; then worked for a man in McDonough county, under the name of Frank Clark; then was at Galesburg for a time, and finally, in l'87l, went to* live with his aunt near Yates City; married his cousin there, and worked awhile for Mr. Matthews, the husband of the murdered woman. He claimed that he was hired by a man - name not given - to kill Mrs. Matthews for the sum of $5,000; but it was proved in court that he attempted rape upon her person and killed her to keep her from informing upon him. On the day aforesaid he went to her house, found none at home but her, and as she went down cellar to get some butter, in order to prepare dinner for him, he followed her; and as she stooped down to get the butter he struck her on the back of the head, first with a brickbat, then with a board, and finally cut her throat with a knife. He did not run away from the neighborhood, but turned out with others to hunt the murderer. Circumstances pointing to him as the guilty man, he was arrested, indicted in October, 1872, and at the February term, 1873, tried in Galesburg, at the opera-house, which for eight days was crowded with an excited throng. Mobs had endeavored to lynch the prisoner, and all the people were in a fever of excitement. February 15, 1873, he was found guilty, and on the 20th he was sentenced. He resisted all attempts to obtain a confession from him until the day he was executed. He was hanged in the jail-yard at Knoxville. Thousands of people were in the vicinity trying to obtain a view of the terrible scene by climbing upon houses, sheds, trees, etc., breaking some of them down, and even creating little riots. In the drop the neck of the criminal was not dislocated, and he died by strangulation, his heart ceasing to beat in about ten minutes. His body was buried in Hope Cemetery, at Galesburg, Elder J. "W. Griffith, of the Baptist Church, who was his spiritual adviser, officiating.

In the prosecution of the case, State's Attorney J. J. Tunniclin was assisted by A. M. Craig, now Chief Justice of the Supreme Court, and the court appointed Messrs. George W. Kretzinger and Adrian L. Humphrey to act as counsel for the defendant. After the verdict was rendered, the defense appealed to the Supreme Court for a supersedeas. Judges Lawrence and Walker, acting, denied the motion, and complimented Mr. TunniclifT in the highest terms for the fidelity with which he had prosecuted the case, and the care which had been taken in the court to preserve the record from error.

The very next murder in this county was also a John Marion, whose surname was Chesney. He killed a negro in Abingdon in 1873; was indicted in the fall, and a change of venue was taken to Fulton county, where he was subsequently acquitted.

In the spring of 1876 John Burgeson, alias John Boline, of Oneida, came home one evening drunken and dangerous. Through fright his wife fled to a neighbor's and remained all night, leaving in her haste her little child of five years of age at the house with the drunken man, who was step-father of the child. Next morning the child was found dead in the house. Burgeson was indicted at the June term; February 8, 1877, pleaded guilty of manslaughter, and on the 24th was sentenced to the penitentiary for twelve years.

State'S Attorney

latter a nolle -prosequi was soon entered for want of evidence. Mageors is charged with killing a man at Abingdon named Joseph Ritchey, but while the indictment against him is still pending, he is serving out a sentence in the penitentiary for the larceny of cattle. The case is a complicated and mysterious one, and unless further evidence is discovered the murderer will probably escape.

William H. Yawters shot a man at Yates City, and in the autumn of 1876 he was convicted of manslaughter, and sentenced for six years; but before the expiration of one year he was pardoned.

In 1876 Richard B. Heather killed S. Peter Johnson at Abingdon, October 25. His bail was fixed at $15,000, and he took a change of venue to Fulton county, where the next April he was convicted of manslaughter. In May he was sentenced for six years, but the following November he was pardoned.

Carl Carlson, of Galesburg, got partially drunk November 10, 1877; set a house on fire, which was burned down. The next morning a charred corpse was found, and evidences indicated that Carlson had robbed the deceased. He was sentenced for a long term in the penitentiary for burglary.

William H. Beasley, one of the proprietors of Brown's Hotel, Galesburg, caused the death of a Miss Mattie Naslund, a Swede employe- in the hotel, by producing abortion. He was indicted for murder at the June term of 1877, and at the fall term he was convicted of manslaughter and sentenced for four years.

G-Ilson Muedee

Sunday afternoon, August 5, 1877, the quiet little village of Gilson was thrown into considerable excitement by the announcement that the residence of one of its citizens had been burglariously entered during the absence of the family, who were at church. It was the house of

Woodford Pierce that had been entered, who on returning home immediately discovered indications of his house having been pillaged. A coat, duster, scissors and $75 in money had been taken. Alarm was instantly given, and suspicion directed to a tramp who had been seen lurking in the vicinity. Tracks were discovered and pursuit made. In the pursuit through the woods the burglar was seen armed with a shot gun and revolver, and carrying a satchel. He tired several shots and wounded little Willie Helter in the ankle. He was soon chased into a corn field, where he shot and killed the horse which Charles Maston and Charles Cramer were both riding in the pursuit. Shortly after, he shot and wounded James Pickrel in the knee, and also wounded his horse in the shoulder. At this time Charles Belden came upon the burglar, and called upon him to halt, when he turned upon Belden, saying, "Halt, you s- - n of a b - h," and fired, the ball passing through Belden's heart. Belden exclaimed, "I'm killed," and died instantly. The burglar fled again through the corn. Charles Mc- Kown, the post-master of Gilson, followed him on horseback, revolver in hand. Suddenly he came upon the burglar, who whirled, and both shot simultaneously, McKown receiving a very serious, and at the time supposed fatal, wound, through the left lung; but he has since recovered. Care of the dead and wounded necessitated a temporary cessation of pursuit. About 6 o'clock, however, aid from Knoxville, Maquon and elsewhere having been summoned, pursuit in an organized body of several hundred men was resumed, but without avail, and the burglar and murderer made his escape in the darkness. Just before his death, Belden found a vest which the burglar had thrown away in the pursuit in the cornfield. In this vest, on examination afterwards, was. found an express receipt dated at Elmwood, August 3. and given to "Frank Rande." This was the first clue as to who the murderer and burglar was, and was the cause of his being arrested in

The excitement over the murder of Belden, or the "Gilson murder " as it subsequently was universally termed, was intense. The entire country for miles around for days was alive with armed persons in pursuit of the escaped murderer, who, going to the timber, shunned the excited populace, to enact another and similar crime within a few days. As an inducement for his capture Governor Cullom offered a reward of $200. In addition Sheriff Berggren, on behalf of the county, offered $600, and Haw Creek township $200. Nothing more was heard of this daring desperado until Friday, November 16, when Sheriff Berggren received the following telegram:

St. Louis, Mo., Nov. 16, 1877. A.W. Berggren, Sheriff of Knox Co.: - I have the murderer who killed Belden. He is in hospital, shot hy ray officers. Bring parties to identify him.

Promptly Sheriff Berggren started for St. Louis, leaving Galesburg Friday night. He was accompanied by Charles McKown for the purpose of identifying the murderer. On arriving at St. Louis they met Sheriff Hitchcock, of Peoria county, Chief of Police Kimsey, of Peoria, and M. C. Lilley, gunsmith, of Elmwood. Sheriff Hitchcock, from the express receipt found in the cornfield, had worked up the case, and tracked Rande to various places until finally he was discovered in St. Louis and arrested in "Wright's pawn shop. The $1,000 reward was paid to Sheriff Hitchcock.

The suspected man, after conversation with Mr. McKown, Lilley and others, was positively identified as the perpetrator of the Gilson murder. He was also identified by others as the party who commit ted three murders in precisely a similar manner at St. Elmo, Fayette county, not long after the commission of the Gilson murder.

The desperado was recognized in a pawn shop in St. Louis. Two police officers being summoned, a bloody struggle ensued between him and the officers, Heffernan and White; Rande drew a navy revolver, and in the struggle between him and the officers succeeded in killing Officer White, and was himself wounded by a shot from Pawnbroker Wright, who assisted the officers. In Rande's possession were found two large revolvers, a knife, a biily and a pair of brass knuckles. Lie gave his name as Frank Rande, and by that name was subsequently known. For the killing of White, Rande could not have been hung by the laws of Missouri, and that being the end desired by the masses, he was delivered up on the requisition of the Governor of Illinois and taken to the scene of his earlier crimes.

Arriving in Galesburg, Wednesday, November 28th, a large crowd had gathered at the depot in anticipation of his arrival, great excitement prevailing. Rande was handcuffed to Chief of Police Kimsey, of Peoria, on one side, and guarded by Officer Hennessey, of St. Louis, on the other, with Sheriff Berggren and Deputy Sheriff Blood ahead, and Sheriff Hitchcock and Deputy Sheriff Gill, of Peoria county, behind, and was immediately marched to the county jail, where during his incarceration a constant, persistent throng of visitors sought and obtained admission, and were afforded through the courtesy of Sheriff Berggren the coveted opportunity of seeing the fiend in human form. At one time, however, the throng was so great that the sheriff found it necessary to interdict admission for a while.

It was the determination of the sheriff and State's attorney, the conservators of the public peace and safety, not to parley with a common thief and triple murderer. An outraged and suffering community looked to them for the punishment of the offender and protection from similar crimes; and that they labored faithfully, energetically and wisely to have the law fully and vigorously enforced, was the announced opinion of press and public.

By appointment of Judge Smith, upon the request of State's Attorney Tunnicliff, at 4 o'clock Wednesday afternoon, Rande was arraigned in the Circuit Court to enable him to plead to the indictment for murder found against him by the special grand jury. As was expected, in reply to the State's attorney as he read the indictment he pleaded "not guilty." Not having counsel, the Court appointed Hon. O. F. Price, E. H. Leach and R. C. Hunt to conduct his case. Subsequently counsel was secured by his friends, although he had but few such in Knox county or elsewhere. Hon. D. P. Stubbs, of Fairfield, Iowa, C. Gr. Bradshaw, of Bloomington, and Hon. O. F. Price of Galesburg, three able, shrewd and energetic lawyers, were retained. After being arraigned, he was conducted to W. H. Hunt's art gallery, East Main street, where pictures were taken of him in various positions, each exhibiting two large pistols, - his " pets," as he was wont to call such weapons. Thinking himself eminently popular, he conceived the idea of selling his pictures, to assist in defraying the expenses of his defense, and accordingly had about 800 struck off, upon the back of which he had the following heinous inscription :

But before printing the above on the back of the photographs, he sent for W. B. Richards, patent solicitor, of Galesburg, and stated to him his desire to secure the copyright to his photographs, which he claimed were unwarrantably issued by photographers in St. Louis. Mr. Richards informed Rande that any copyright issued under an assumed name would be wholly valueless. Therefore Rande briefly considered the matter, and then asked for a paper and pencil. When they were handed him, he wrote, in a neat style of chirography, his true name, "Charles C. Scott, Fairfield, Iowa."

This, then, was the first time his name was known. His parents, although hearing of the case, had no knowledge or even an idea of the murderer being their son.

Wednesday, December 5, after the true name of Rande was divulged, Postmaster Clark E. Carr received from Postmaster W. T. Bergen, of Fairfield, Iowa, the following communication: "I think there is no doubt of Frank Rande being Charles C. Scott of this place. Some years ago he broke jail at Ottumwa, and was arrested and brought here, but escaped from the sheriff, and has never been heard of since. His parents reside here and are respectable people. His father is an industrious, honorable man. The life of Rande is characteristic of Scott. He seemed to be utterly abandoned and lost to advice."

He went under aliases besides that of " Rande," among which were "Van Zandt," "Frank Holden," "Frank Durand," "Frank Warner," "Frank Orton," " Frank Anderson " and "Frank Danvers." Rande was brought to trial Tuesday, December 11, 1877, but obtained a continuance until the Februarv term, the defense claiming a too hurried arraignment and short date of trial, also pleading his physical weakness on account of wounds received at the time of his arrest- Tuesday, February 5, 1878, the case was opened, Judge Smith presiding, Court convening in the opera house. The attendance was large, and throughout the 15 days' trial the interest or attendance was not diminished. The masses freely denounced the culprit and almost the universal public verdict was for hanging. Not only was there the intensest local feeling manifested in the proceedings, but the people throughout Illinois and the adjoining States exhibited no little interest in the case. The St. Louis Journal contained the following joyous po " etical effusion on Rande's being brought to this county for trial :

The Chicago Tribune, and Times, Peoria Transcript, Burlington Hawkeye, St. Louis Post and Indianapolis Journal had reporters in attendance, and other papers special correspondents. The Galesburg Republican- Register was especially enterprising in giving an account of the trial, and to better accommodate its readers the issue was

The selection of jurors was a long and tedious process, both the prosecution and defense being especially studious to discover objections to the men subpoenaed. Tuesday, Wednesday and the greater part of Thursday were spent in this work. Over 150 persons were examined, and finally the following jury were selected: J. P. Clark, William Overlander, P. M. Rodecker, H. R. Cashman, Samuel Rankin, William Fritz, Frank Barnes, Elvin Yestal, Martin R. Lowery, M. Pierce, J. H. Pence, J. W. Farr.

The trial proceeded without any extraordinary event occurring The prisoner assumed and maintained an air of manifest indifference, seemingly satisfied in his own mind that his fate was not to die on the gallows. The prosecution was conducted by State's Attorney Tunnicliff and James A. McKenzie, the former making the opening address to the jury on the eleventh day of the trial. He discussed the law of the right of private citizens, as well as officers, to arrest, when a felony has been committed, and cited volumes of law, including Pleas of the Crown, and the right to arrest upon fresh pursuit under the Statutes of Illinois, fie riddled the defense of insanity which had been attempted to be interposed in behalf of the prisoner, and made an eloquent appeal for protection for the citizens from such characters as Rande. While it is impossible to give even a synopsis of an argument which took seven hours in its delivery, we will give the verdict of the leading paper of the Northwest, the Chicago Tribune, which characterized the argument of State's Attorney Tunni cliff " as worthy of a place in a most praiseworthy prosecution." At the close he eloquently said : " Myself and associate counsel do not ask of you any, compromise verdict. We demand the infliction of the death penalty as the only atonement he can make. Send him not to be pardoned by some future governor, not to escape from an insane asylum, to fill the land again with mourning ; but inflict upon this human butcher of his fellow men the only punishment that can satisfy an outraged people. He has defied God's law and the law of the State, and he must die, die upon the gallows. My duty is fulfilled : yours is yet to be done."

State's Attorney J. J. Tunnicliff deserves special mention here for the ability, integrity and industry he has exhibited in all his official career. He has shown himself equal to the occasion in two of the most famous cases in the West, - those of Osborne and Rande, - which mdeed have attained almost a national notoriety. Although a young man, - perhaps we had better say because he is a young man, - he exercises a scrupulous care at every point of the case he has in hand. In the management of noted cases he has had not only the compliments of the Supreme Court but the indorsement of the people.

McKenzie closed the case on the 15th day with a master effort, dwelling at great length upon the question of insanity which the defense had set up. The defense was ably conducted throughout, taking advantage of every circumstance and turn; for with the strong public feeling against their client they alone saved him from hanging. The jury returned with the verdict of "guilty," fixing the penalty at imprisonment for life.

Fearing the prisoner might be molested, which interference had been threatened, the sheriff wisely hurried the convicted criminal to the depot and thence to Joliet, Sheriff Berggren and Chiei of Police Frank E. Fowler having him in charge.

The verdict was received at an early hour in the morning; and before the people were really aware that the jury had agreed he was hurried off to Joliet to escape the infuriated populace. The verdict was heard with astonishment and condemnation by many, as contrary to the law and evidence in the case, while by others it was all that was expected, and agreed with their prediction. All however agreed that he should have been hung on general principles; but for the one act for which he was tried many thought that a life sentence was all that was justifiable. Landed safely in the Illinois penitentiary, where he is employed in making saddles, it is hoped that during the remainder of his earth life society need have no apprehension of danger from him, and that his blood-stained hands will be forever restrained from again taking human life.

Belle Spaulding killed Martin O'Connor, formerly her husband, on the morning of July 12, 1878. He had been riding out with May Robinson, and arrived at O'Connor's livery stable, on Cherry street, at the same time Belle arrived, who had been riding out with Carrie Reed. This was about 3 o'clock. Belle reproached Maj> for keeping company with "Mart," and, the conversation growing furious, O'Connor withdrew; but, returning to the stable, Belle commenced on him, and the quarrel continued as they walked along Simmons street and south a little way on Prairie street, when she shot at him twice, one ball entering his breast and coming out over his abdomen. He walked back to the stable, but died in about forty minutes. Immediately after shooting him she shot herself, the ball entering her left breast. For several days it was doubtful whether she would survive, but in a few weeks she recovered sufficiently to be removed to the jail, where she is now awaiting indictment and trial. She is a daughter of the late Dr. J. ~W. Spaulding, of Galesburg, who was in his day one of the leading physicians of Knox county.

Hokse-Stealing

Some time previous to 1850 there was so much horse-stealing going on that the citizens of the county organized a " Society for the Detection of Horse-Thieves." It was instrumental in breaking up a gang of thieves, which seemed to put an end to the nefarious business in this section of the country, and the society ceased to hold its meetings; but in the year 1850 a dozen horses were stolen within the limits of the county, which stirred up the citizens to organize again, forming "The Society for the Detection of Horse-Thieves and Burglars." At the preliminary meetings Harmon G. Reynolds presided and John S. Winter acted as secretary. The society adopted a constitution and by-laws, and for permanent officers elected Peter Burtnett, of Knox township, Captain, and a Lieutenant for each of the other townships, John S. Winter Secretary, and Hugh S. Woods Treasurer. Five dollars was placed in the hands of each Lieutenant for expense money. This association did a good work, and rendered satisfaction to all parties. More efficient statute laws have since superseded the necessity of voluntary associations.