Lynching in Jackson County - 1857

BARGER, CARHL, COOK, MACKENZIE, KIRKPATRICK, PIERCE, REED, FOLLEY, FARRELL, SCHLECHT, MCDONALD, MORGAN, GRAHAM, BRAHY, COX, CATLINE, HOUSTON, JENKINS, COTTON, EDWARDS, LANDIS

Posted By: Nettie Mae (email)
Date: 1/27/2024 at 10:46:58

Lynching in Jackson County: Clinton Co. Jail Broken Open! 1857

Source: Lyons Mirror Newspaper, Thursday, June 4, 1857, Page 2

Barger and Carhl taken by the Jackson Co. "Regulators."
Synopsis of the Testimony against Barger.
Resolutions of the Jackson County Vigilance Committee

Two years ago last September, the Grand Jury of Jackson county indicted Wm. P. Barger for the murder of his wife, which was not brought up for trial til the next term of the District Court. When the next term came, a change of venue was taken to Clinton county and the case postponed for six months more. At the next term his counsel was sick, and otherwise called away, and the case was again postponed another six months more. He was tried last September, declared guilty by nine of the jury, but the three not agreeing, a new trial was granted and the case again postponed for six months more. At the May term of the District Court in this county, he was again tried, and found guilty, but it being found that one or more of the jurymen had expressed an opinion previously, thus disqualifying them as jurymen, the Court granted another trial, and the case of course postponed until the September term.
The case stood thus until last Thursday afternoon. Ever since the arrest of Barger there has been a determination existing among the citizens of Jackson county that he should be hung and it has often been stated that if he was cleared by any quibble of the law, or that if a jury should return a verdict of "Not Guilty," they, the citizens of Jackson county, would hang him in spite of courts and law. Last week a report was current in that county that there was a probability of his escape, and last week the Sentinel published a rumor of his escape. The matter reached its fulminating point on Thursday.

THE "COMMITTEE" AT DeWITT.

At about 4 o'clock p.m. Thursday last one hundred and fifty of the Vigilance Committee of Jackson county appeared at DeWitt, in this county, for the purpose of taking Barger from the county jail. The main part of the committee stopped before they reached town. About thirty of the Committee entered town in a quiet and orderly manner, rode up nearly to the jail and dismounted from their horses, and walked to the jail. There was no "hurrah boys" about their proceedings, nor was the delegation composed of a drunken rabble, but on the contrary it was composed of respectable looking, intelligent men, acting under what they thought was duty. The jailor, Mr. Cook, was absent when the Committee approached the jail, and they asked his wife for the keys. Mrs. C. did not have them, and appeared somewhat frightened. They told her not to be afraid, as they would harm no one; all they were going to do was to take out Barger and Carhl. They then broke open the door of the jail with a hammer about the size of a blacksmith's hand-hammer. The prisoners were not confined in their cells, but walking about in the main part of the jail, so that they found Barger and Carhl without farther trouble; took them out and placed them in a wagon they had brought for that purpose, and put them each under the particular charge of two men; and then fastened up the jail. By this time a few individuals had gathered around from the place. The "Committee" asked any one of the crowd to name the damages they had done to the jail, and they would pay it. No one answering, they said that at any time the damages were ascertained, if they would send the bill to Jackson county, it would be paid. The Sheriff arrived about this time and attempted to interfere, but was forcibly held by some of the Committee until they go started. From the time of their entering the town to leaving they manifested no disposition to hurt any one, but proceeded about their business quietly.

EXECUTION.

The Committee then started for Andrew, Jackson county. The next day, Friday, at 10 a.m., Barger was hung. The execution was witnessed by an assemblage of about eight hundred, mostly members of the "Committee." Carhl has been put in the Jackson county jail at Andrew, awaiting a trial. Report says that the Committee left him with the understanding, if after a fair trial, he is convicted and hung, they have nothing to say, but if he is cleared by the law and they are convinced that he is guilty, they will hang him as they hung Barger.
As everything connected with this affair will prove interesting to our readers we have made a 'synopsis' of the testimony against Barger, from a report taken by W. S. Mackenzie, Esq., at the trial in this county.

TESTIMONY IN THE TRIAL OF BARGER FOR THE MURDER OF HIS WIFE.

J. KIRKPATRICK, being sworn, testified -- May 18, 1854, Mr. and Mrs. Barger were living in my house; we got up early in the morning; she got up first; she and her little boy were talking about Barger; I had not got on my boot, went into another room; Mrs. B. Started to the door, just at that moment I heard a gun go off; she screamed, ran into another room and fell. I asked her if she was hurt, she said, "Hum----" and died a minute or two afterwards. I went to the door, did not see any one and jumped back for fear of being shot, got a revolver I had in the house and ran out the second time; saw smoke arising over some weeds behind the fence in front of the house; saw Barger rise from behind them; I fired with my revolver five or six times; he ran off 30 or 40 rods and then come back and leaned on the fence; hollowed to him. I examined the spot from where he rose and quite a little bed there, as if a man had laid there all night; maybe longer; there was a hole cut through the fence; looked as if he had been there all night; never noticed it before. After Mrs. B. died, sent off for two doctors to examine her, who did so, and said she was shot; she was buried the same day. Saturday previous to the murder Mrs. B. got the children; some time previous. Barger told me of his wife's adultery, when he appeared to feel bad; got to crying; said he would go back to California but for his children; believed his wife had ruined his reputation and his children's; talked of his children being scattered over the world and again cried; said if his wife got a divorce he would take the children, being told that if the Court ordered the children to her, he would have to let them go; he said he would attend to him who would take them off; got mad and excited, jumped around, said if I or any one else took the children, not withstanding the law, he would attend to us; that was the first time I saw him get mad in that particular manner. He has always appeared to get along very well with the children, appeared to think a great deal of them. During the preliminary examination, about noon of the day of the murder, there was a good many present, good deal of excitement, talk of lynching Barger.
THOS. J. PIERCE, testified -- I heard a gun fired on the morning of the murder; say the smoke rise; saw Barger get up with gun in hand and run; he arose from where the smoke was; it was between 180 and 280 ft. from me; suspected what was the matter when I saw him rise. Heard Kirkpatrick say they had told the Sheriff Barger was out hunting; that they supposed he would kill some of them for going after his children.
S. REED, testified -- Was standing by Mr. Pierce; heard the scream; and Mrs. K. hollow murder; It was the prevalent and public opinion that he ought to be lynched. Was present at the examination, Barger looked as if he had been crying; only knew it from the appearance of his eyes, they looked red; face also looked red and flushed.
J. P. FOLLEY, testified -- Was awakened by the gun; jumped out of bed, opened out-door, and saw Barger supporting himself on the fence with a small rifle in his hand down by his side; took it away and arrested him; he was weak, hanging on to the fence, almost dropped down; asked him about his apparent weakness; why he acted so; after a while he said, "Oh, my God, have I come to this," or "has it come to this." I was sheriff for Jackson county, had B in my custody previous to his wife trying to get a divorce, attempted several time to tell me of his troubles, when he spoke of his children he seemed deeply affected, cried very much. After the divorce was granted to his wife, she had the children, it seemed hart to him that he should be brought away and leave his children without anybody to take care of them; he was in deep excitement, spoke differently on general subjects; when he spoke of his own troubles he felt more deeply, spoke very affectionately of his children, never heard him speak of his wife harshly or make threats; afterwards he was determined to go home to take care of his children; he started that evening; think he returned that night in the neighborhood of about 20 miles to his house. Thought he was dying at the time I arrested him for the murder; breathed very hard and appeared in great distress; his limbs could not carry him; he was not able to support himself, and it took two of us to hold him up; I thought he was hurt.
MRS. CAROLINE FARRELL -- First saw Barger where the hole was cut; as he was walking away from it, I said "you poor, trifling dog, you have killed your own dear wife;" he walked as if he was stiffened up and shivered up from the cold night, walked as if he was cramped up when he first started; I saw her after I saw him secured, she was alive when I returned. When I called Mr. Folley to take Barger; I called a good many times and as loud as I could, he seemed to walk faster towards Mr. Folley's and told me to hush and to never mind, he belonged to Folley, that he was Folley's. I then went into the room where Mrs. B. was lying; she was on her right side with her head on her right arm, her left arm on her waist across her body, tried to raise her head up, but could not, called for help; her arm was across the wound, I took it off, saw where the would was; they helped her on to the lounge and she gasped and died. Saw Barger rising after he had shot his wife, I wondered at his standing so, he seemed undaunted while he was being shot at; did not observe him laugh, do not think he could laugh at any time, he looked to mean; after he had got up he looked towards the house to see what he had done.
JOHN SCHLECHT -- Live three miles west of Folley's; Barger called at my house on the day before the murder, asked for a drink of water, and then asked if I had seen a team go by with two men, two women and three or four, or four or five children; he described them; I told him I had not. He had a gun.
D. T. McDONALD -- Do not know that I ever heard Barger make any threats as to killing his wife; believe I heard him say he ought to have killed her before she went to Bellevue. Had known B eight years; never knew him to abuse his wife or children. He went to California about two years ago. Had conversation with him after he returned about trouble with his wife and J. Morgan; he appeared a little angry; said he believed she had had improper intercourse with Morgan; Morgan had gone to California when Barger returned. Morgan had a wife and child. Barger most generally carried a gun when out; hunted considerable, believe that was his principal business. I was in Mrs. Barger's house while he was in California; house looked well, children hearty; believe she was an industrious woman, of good character; remarked she was doing well with the children; never knew anything against her. When Barger returned the men and women generally came up, said they never could or did believe she was a woman of that kind; they were conversing about the difficulties between Barger and his wife, arising out of his belief that Morgan had had illicit intercourse with his wife. I knew Morgan well; he was kind of wild, so was I, and we stuck together.
J. S. GRAHAM -- Took part in the post mortem examination of Mrs. B; found the ball had entered the left breast, two inches below the left nipple, gone through the sixth rib and passing through the heart, thence through the left lobe, making its exit through the tenth rib, about two inches from the spine; the orifice was about the size of a gold dollar; there was a hole in the plastering in a range nearly opposite the door; ball supposed to have entered the wall after it had passed through Mrs. B.
Mr. BRAHY -- Am Clerk of the District Court of Jackson county. In May 1853 Mrs. Barger filed a petition for divorce stating that Barger had beaten and bruised her.
JAS. COX -- While I had charge of Barger in jail for one year since the murder he has cut up all kinds of capers, breaking all the furniture in his room, burning his bedclothes, and destroying everything in his room; accused me of ill-treatment; I tried to make him as comfortable as possible; he chained the door and kept me out of his cell three days and a half; I let him starve during that time. Heard him talking to himself one night about his wife, telling her to go away; got up and went to him, asked what he was about, he jumped up and asked what I wanted at that time of night; told him he was talking; said he had not been talking; other times he would hollow for water in the night when others were asleep; he slept most of the time during the day time and ate hearty.
C. BARGER, son of Mrs. Barger -- In 1850 my father went to California and staid 2 years during that time I and my two brothers and a sister staid with mother; I am the oldest. Father always treated me well; provided well for us before he went to California. Morgan came after father left and during his absence and was around a good deal of the time; mother and him talked a good deal, do not know what about -- Morgan was there with her when we went to bed; do not know when he went away. When myself and sister were hunting hen's nests, mother and Morgan went hunting for the same in another direction in the woods; I saw them together two or three times, mostly in the house; the children were then usually sent out for water, eggs, wood, and other things. Saw no change in father for six months after he came back; after he found out the trouble he seemed to be by himself, did not care to have company; had not much to say; generally sat on a fence or a log whittling; went off for about a week after he found out the difficulty; do not know where he went. I asked him what he was going to do; always said he did not know; often said he would take us away where we would never see wild fruits; often spoke of that when speaking of going away; he did not act as he used to, after he had trouble with mother; father was tried on a charge of assaulting mother one night. I saw the assault of which mother complained; father raised her up and set her up and set her down in the bed; she called him all the names she could think of, said she would say and do what he pleased; father told her to hush; she tried to strike him; did not see him strike her; her eye was a little black next morning; she swore out her life against him this was six months after father returned; do not know the cause of that trouble; he had heard about her and Morgan; I suppose he had seen something; that difficulty was the subject of conversation between father and mother.
C. CATLINE -- Have known Barger nine years he used his family well before going to California; after he returned, talked to me about his difficulties; appeared deeply affected and distressed, when he talked about his children. At a party at my house she said to Morgan that she was guilty, wanted him to go and acknowledge to Barger; Morgan would not do it. I understood her object was to effect a reconciliation with her family; Morgan went to California not a great while after.
A. HOUSTON -- Heard the conversation of Mrs. Barger and Morgan at the party at Catline's; it was about the difficulty between them; she said Morgan had been the means of disturbing the peace of her family; told him if he was a gentleman he would try to reconcile her with Barger; Morgan said he had never spoilt his peace and he would never satisfy that.
J. N. JENKINS -- In the case of Mrs. Barger vs Barger, in September, 1854, the court at Bellevue gave the custody of the children to the wife; the court said that if Barger had left his wife and gone to California she had a right to live with another man, or something like it, which raised a laugh. Afterwards he was sullen, not talkative; the custody of the children seemed to be the main point with him; did not appear to manifest any solicitation about anything else.
COTTON -- I recollect the decree consigning the children to Mrs. Barger except one; I recollect that objections were made on the ground that she had committed adultery; the Judge said to the effect that if a man went to California, his wife had a right to; the attorneys spoke somewhat as if it was a judicial decision, I suppose it was a joke.
CALVIN EDWARDS -- Have been well acquainted with Barger for 12 years, never saw any fault with her before going to California, he was as kind as could be after his return from California; I have heard Mrs. B. talking with Barger about Morgan; how Morgan has destroyed the peace of his family; she once in my presence at my house, made a confession to Barger; that she and Morgan had been too much together and she was sorry for it. After that she said it was not so, she also made the remark afterwards that if it would satisfy Barger she would say so, but it was not so; said she had only said so to quiet Barger; after the fuss he always acted mad, and would talk about that every time.
W. KINGEY -- Was Barger's guard after his arrest; while under my charge he was as rational as he could be; I would have sworn to that; I thought from the circumstances that he ought to be hung; I said if we cleared him, we shall have another job to try, for he would kill somebody else; I do not think there are a dozen people in Jackson county that did not wish to see him hung.

THE VIGILANCE COMMITTEE.

A few weeks ago, and since the hanging of Gifford, a portion of the citizens of Jackson county, Iowa, organized themselves into a Vigilance Committee, and ordered the publication of the following preamble and resolutions. The persons engaged in the taking of Barger from the jail at DeWitt were a part of this committee:
"The first contains a list of serious complaints or insinuations to the effect that the proper officers have refused to prosecute aggravated criminal cases, or dodged them by going a duck hunting; that they have meddled with the School Fund; that they have been concerned in a robbery of the county bonds and in smuggling some of the Drainage Fund; that from their negligence in prosecuting horse thieves, &c., they must be 'connected with a gang of horse thieves, counterfeiters, robbers, and even murderers' and that they intend to screen such outlaws in the future, and throw their support and monied influence, with what swindling of the county they can do, to carry the sway over the people of the county, and to roll in their silks, and purple, and wealth, at the expense of the hard earnings of the farmer, and the hard working mechanic."
The resolutions we print verbatim:
Resolved, That the present Executive and Judicial of this county had better resign their office, and leave their seats for more worthy occupants. If they do not they must run the risk of the consequences.
Resolved, That in every criminal case, now and hereafter pending before the tribunals of this county, we, the Vigilance Committee of Jackson County, will thoroughly investigate, and watch with a critic's eye, the proceedings of our officers.
Resolved, That the wrong honored officers, whose names we don't choose to mention here, shall never have another office in the gift of the people of this county, but we will tell them to go a duck hunting.
Resolved, That whereas, it is the duty of certain county officers to investigate the circumstances and the facts concerning the murder of John Ingle, and ere this, to have taken steps in the proper way to secure the person of David McDonald until he could be tried according to law, we, the Vigilance Committee, openly declare that they must take the proper steps, and also publish a reward, with a full and exact description, so as to secure that person; if not, we will look after him ourselves, and if need be they too.
Resolved, That we will, when we find that our proper officers neglect it, spare no pains, either of time, life or property, in the investigation of all counterfeiting of money's, in all horse-thieving, and in all murders, committed in this county. We also will be governed by the penal code of this State as far as is convenient.
Resolved, That we, the Vigilance Committee of Jackson County, State of Iowa, hereby inform all persons in office or out of it, that they must not commence process of any kind against any of those who helped to hang Alex. Gifford, for we believe that he should have hanged long before he did.
Resolved, That we will revenge the unjust death of any one of this Committee, whom we find has been or are concerned in horse-stealing, counterfeiting, robbing, or murdering and it appearing that he is in as a spy.
Resolved, That these proceedings be published in the Maquoketa Sentinel.
This preamble and these resolutions were sent to the above named office, prefaced by a note from H. K. Landis Postmaster at Iron Hill, Jackson county, in which he states that the Vigilance Committee is composed of 300 to 400 citizens, and that they are determined that crime shall be punished at all hazards. We cannot excuse their lawlessness, nor can we justify the remedy which they propose for evils that are undoubtedly urgent and hard to bear. We can only point to their action as another argument in favor of what we have long maintained to be necessary -- a radical reform in the method of administering the criminal law.