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North Iowa times. [volume] (McGregor, Iowa) 1867-current, July 20, 1870, Image 1

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn84027239/1870-07-20/ed-1/seq-1/

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OMQopy,for one year
in adranca.
Spare. lw 2w 4w 3m Cm 1
Tiqiiare $1 00 $2 50 $3 60 $5 00 $8 50 $12 00
•(juares 2 50 3 50 4 60 7 50 10 00 1500
S squares 3 00 4 00 6 00 10 00 15 00 20 00
Col. I 4 00 I 6 00 I J» 00 I 15 00 25 00 36 00
Xool. I 7 50 I 10 00 I 15 00 I 25 00 f40 00 I TO 00
Iflolumn I 14 00 I 18 00 [25 00 40 00 70 00 i^uo
9 lines of Nonpareil make a mjimrc. Uuiinecscards
lines $S per annum each additional line 50 cts.
H. XX. Btratemeyer*
Dealer in Stows, Tin and Slmet-Iron Ware, I'umpi
Fitted und Repaired, Repairing Promptly dons.
Particular attention paid to Tin Hoofing and Spout
ing. 705y 0AllNAVIM,O, IOWA.
Auctioneer, is now prepared to
iftornejr at Law, (424) McGREGOR, IOWA.
Attorney nd Counsellor at l.u« McUKKUOR,IOW A
Justice of the Peace. OI1i e with T. ITpdegraff.
^lloriiey at Law, McGregor, Iowa. Office in Dank
Ilex. II. KHESB, Proprietor.
JPadprah, I»wa.
Sheriff of Clayton County. Office with T. tJpdWgrufT,
two doors below the Uank»McUregor, Iowa. 779
Commission, Storage and Forwarding Business, Pub
lic Square, McUKEUOR, IOWA.
Dealer iu Fariniug Implements. Everything from a
Pitch Fork to a Threshing Machine. Postvillo,Iowa.
Attorneys and Counselors at Law, Decorah and Cal
mar- Iowa. Will practice in all the Courts ot the
10th Judicial Djutrict and Supreme Court. Prompt
attention given to collections. "00
West McGregor, Iowa. J. It. COVEY, Proprietor.
Farmer* will do well to try tli* accommodations of
tMa house. Good Sheds for Stock. 088
P. 11. Larkiu. T. Carrall.
Manufacturer* of Wagons, Sleighs, Seeders, Plows,
and Horse Shoeing done to order and Uvueral Black
Manwfttetwrer of best and latest styles of Wagons,
Baggies and Sleighs. Repairing done well, promptly
and durably. Clayton, Iowa. 690
Attorney at Law, Reynold's Block. Entrance b«
tween 140 and 14b Dwarborn Street, alto on Madison
Street and Custom House (P. O.) place, CHICAGO.
i Mtraat. McGreitor. Iowa. A desirable home tor
tb* traveling public, with good barns and Sheds at
tached for the safe protection ol horses and wagons.
44'i M. MURRAY, Proprietor.
J. McHOSE & CO.,
Storage, Forwarding and. Commission. Warehouse
Mo. 1, on the Levee, MctiREOOR. Consignment#
jMUrlted. JOS. McHOSE.
DICKEY A WKLLIVCR Manufacturers of the
McGregor Fanning Mill aud Drain $uparator,on
West Market Square, corner Main and Aun Streets,
^M**ite Ferry Landing, Mciircgor. Re-furnished
and tilted up iu goed style for guests. Patronage
respectfully solicited. O. II. ELANDERS, Propri
etor. 474
.Aauiuel Murdock. John T.
ysandCju jorg I,,iw, will practice in
the SHpremel fistrct Courts of this State.
9ftlceao|posite1st National Hank, McGREGOR.
Dentists, McGregor, Iowa* Office on
Main St., ever PostOffico. Nitious Oxids
administered as a speciality.
Corner Yino andElui Sts., Wcat Union, lewa, II.J.
Iagersoll, Proprietor. Good stabling aiol charges
moderate. Stages going east, west, north aud south,
mil aud leave with passengers morning and evening.
Holds i is Regular Coiiimuiiications en
Monday eveniug preceding th« full
moon in each month.
GKO. D. McCARTY, Sec'y.
(Late Washington).
Mtader, Iowa. Lafayette Bigclow, Proprietor.
fl«pd Stabling. &W
^phn T.Clark. Cliarlvy Allen. O.J.Clark.
Attorneys aud Counsellors at Law aud Real Estate
Agents, 1st door east of Winuesheik House, Decorali,
Iowa. Will practice in the several courts et the
also atteud to collections, aud the payment ol
tagesin Winneslieik county. 606
Pistols, Game .ISags, Flasks,
Cartridges, Powder, Shot, Lead,
Caps, Gun-wads, Cutlery, 4c.,
near National Bank, McGregor:
|owa. 49 *Repairing of all kinds belonging to the
jmn and locksmith line
dene piomptly.
'.r^ A CARD.
&T.f. HUNT
lat of
Syracuse, New Yark.re­
spectfully i IIIOHHS the people of McUregor and vicin
ity that lie has opened anOffiaeinChurch A liidwell's
block,where his sons have their Dentistry Establish
ment. Dr. HUNT is an old practitioner, lie can be
found day and night at his office except when profes
sionally absent. All who wish to be treated upon
PURK Uomupathie principles will please call on him
All Komaleor Chrouic diseases treated successfully
McGregor,Iowa, Juud 22d, 1809. 062 tf
fruman 8. Gillett,
Successor to GILLETT A VERNON and
Manufacturer of and Dealers iu
MBtarboni Itree*, OKXOAOO
y i
folate and every description ot Personal Property, at
Auction, and attend to the same in any part ot thin
district. Sales entrusted to his cure will receive
prompt attention. M. McNAMAKA,
OWTCEover Kennedy's Drug Store. HesiJsiic* at
Mn. Low's, Ann gtiaet.
Late -'Our llause," J. A W. Wright, Proprietors,
Monona, Iowa. 698
OlMrles Olty.Iowa. 696 Hanson Ely, Proprietor.
Attorney at Iowa. 636
General Stage Office
JOnK SIIAW, Proprietor. 666
By JOIIN IlKLLBKRU. This house is situated in
tha central part oT the City, convenient for steam
beat and railway tiuvclvrs as well us to business men
and farmers frein the country. Uue.ttB will receive
the best of attention. 700
MiysiclaD and Surgeon, National, Iowa v 11 falls
prstnptly attended to.
Attorney at Law,
Cal mar, Iowa. Will practice
I u
th«CourU of the State. 648
Mie, Bank Corner, Smith'* Block, up stain.
641 McQimiOR, IOWA.
Attorney at Law,(office in Rank Block)
«. Noble. L. O. Hatch. 6. Henry Frese.
Attorneys at Law.McQREGOU, IOWA. 630
Physician and Surgeon. Residence over Peterson A
Larson'sStere. Office in llauk Mock. .578-99
Jewelers and dealers in Musical Instruments, Main
Street, (494) McUKKOOR, IOWA.
PMtvillv,Iowa. Ueneral Stage Office. C. Yanllooser
BR. A. B. II ANNA, Physician and Surgeon. All
calls promptly attended to. Klkader, IOWA. 690
D. W. CHASE, M. 1)., corner Main and Illgh
Streets, Klkader. 687
t. SNKDIOAR A SONS, dealers in Hardware,
stoves and Tinware, Agricultural Impleiuenta,
Crockery and OlaHsware, Klkader. 687
V. BALLKR, dealtir in General Merchandise,
Hardware, Drugs A MtrJii-iues, Klkader. 687
I). BAYLKSS CO., dealers in Drugs and Medi
cines, Fancy Goods and Sundries, Klkader. 687
P.GARAGIITY, dealer in Harness, Saddles,Bri
dles'Ac. Cash paid for Hides at highest market
prices, Klkader. 087
PRICK A COOK, Attorney* and Counselors at Law,
and Real Estate Agents, Klkader, Iowa.
Pay Taxes, Examine Titles and practice in the
Couitsof thelOth Judicial District, uud Supreme
Court of Iowa.
8.T. WOODWARD, Attorney at Law, Klkader
Iowa. 687
A. W. DAUOHKRTY CO., drittcTS fn Dry Goods,
Groceries and Ucncral Merchandise. Highest Mar
ket Prices paid for Produce, Klkader, Iowa. GST
E. KALTKNBACH, Watch Maker, dealer in Jewl
ery,Clocks, Watches,Dry Goods, Ac.,Klkader, Iowa.
DR. J. W. STOUT, Office opposite^. W. Danglierty
Co.'* Htoro, Klkuder, Iowa,
W. A. WHITNKY, dealer in Iron, Hardware,
Stoves,Tinware and Agricultural Tools., Ac., Klka
der, Iowa.
YOUNG & COOK, Attorneys at Law, Office ovt-r
C. Ryan's Store, oppueitu the Bosrdnian House, Klka
der, Iewa, will practice in the 10th Judicial District,
and in the Supreme Court of the State of Iowa.
8pccial attention paid to collections of all kinds.
FORD & WAKEMAN, dealers iu Dry Hoods, Gro
ceries, Roots, Shoes, Ac Klkader, Iowa. 7u4
JOHN LUTHER BRO., manufacturers ef .Wag
ons, Sleighs and Cutters.
VLKCK A BRO.,dealers In Dry Goods,Groceries
etc., etc. Forwarding and Commission Merchants
an proprietors ef the (Juttenberg Flour Mills.
CRAWFORD HOUSE, near Steamboat Landing.—
M. Crawford, Proprietor.
M. SULLIVAN, dealer in Dry Goods, Groceries,
*ni« Forwarding and Commission Merchant.
JKFEKRSON HOTEL, Schiller stret, between 1st
and 2d streets, Henry Tliaman, Proprietor. 49This
House has a large yard and good stabling attached.
WASHINGTON HOUSK,near Steamboat Landing.
11.11. Freso, Proprietor. Good stabling attached.
J. II. Merrill, Prest.
Wm. Larrabee, Vice I'rent.
O. llulverson Cashier.
.£ W. R. Kinnaird, Aast.OiiiWijr.
or aEcaKsooK.
Capital SIOO.OOO.
At current rate* for sale on all the Ptiacipal Citiej of
England, Ireland,
Germany, Norway,
France, Sweden,
And Other Parts of Europe.
Passenger Tickets
Toand From all the Large Cities iu KUBOPK,by
Steamer and Fast Sailing Vessels.
and sold 645tf
235 Randolph 8tr«et,
Geo.Slbhen,Chicago. 1
Lewis Maddux, New York.
W. U. Maddas,Cincinnati. -J 519y
Williams & Bro.,
In William's New Brick Block Main St., McGregor,
Iowa, believe in fair dealing and will always be
fouud on hand ready to deal out the choicest cuts of
all kinds of meat that the country affords.
Highest market price paid for all kiuds of stock.
Wholesale Grocers,
South Water street,
Opposite Pearsall Church's Livery Stable,
Main Street* BCeOregror, Iowa,
Is ready t» furnish
Save Troughs* Sin fipei,
And in fact everything hi his line
at business wiU
well made and promptly put -up.
STOVES AND STOVE PIPES furnished and set up
to order.
Stauer & Daubenberger,
Dealors in
Anmber, Timber* Ziath* Shingles*
Doors, Sash and Blinds*
Have unquestionably the largest stock of SAS1I,
DOORS and BLIND4 ever kept in the west—every
style and form to suit any buildiug that can We erect
ed. «9»Ours is the ONLY LUUBR YARD on the
north side of Main Street, McGREGOR, IOWA.
Having Ice Room and everything which convenience
aud neatness would suggest,
aud determined always to
Secut ths Ttry Finest Animala fbr th«
use of our Patrons,
We feel assured that we are offering tlia people o
this city as great inducements as ever, to patronise
the Queen ot Markets. 49* Fat Cattle beught at the
highest price.
Physician & Surgeon
lias taken the office of the late DR. LOW, over
Kennedy k Buck's Drug store, and would be pleased
to await upon his patrons auif all others who may
need Medical Aid. 687w3
Zee Announcement!
Cawelti dt Bergmans
A?*already arranging to pack a largcaiuonnt of Ice
lor the season of 1K70. Hates: 40 cents a hundred,
or $'2 00 pi«r mouth for private families. Orders re
spectfully solicited thks early, tb&t we may be post
44 as to the demand. CAWVL^t 6 J|$liUMAN.
MoQregor, Dec.
th, I860. 080
Iown, July .r).
Court met pursuant to adjournment, at
2 o'clock p. in. to-day.
James Davis was called and sworn, and
testified as follows:
I reside in Mendon town­
ship, Clayton county Iowa I nm and
have 1)ccn for sometime past acting sheriff
of Clayton county I have been acquain
ted with the prisoner, Andrew Thompson,
for some
years past he liyes in Mono­
na township, Clayton county, Iowa he
lives 12 miles from McGregor the distance
from South McGregor to the landing at
Prairie du Chien, is about 3 miles—to
iorth McGregor 1 mile. I*was at the pris
oner's residence one year ago last May to
arrest Thompson I did not find him at
home that day I went there and arrested
him the next morning about 8 o'clock we
went there about noon the first day dur
ing this time I stayed a portion of the
time in the woods and in Moriona I was
hunting for Mr. Thompson during this
time—placing men at the various crossings
and by-roads, a portion of them remained
in their positions for about 12 hours,when
they were relieved and other* tiok their
places a part of the country around
Thompson's place is prairie and part very
thick groves there are groves north of his
house. I first saw him in his brother-in
law's house about 8 o'clock p. in. Sunday
morning, lie lives about a quarter of a
mile from Thompson's place. IIj* clothes
looked as though he had been wading in
grass and dew—looked wet. I had 2 men
stationed at his house all night. At this
time I had little conversation with him
he got into the buggy nnd went with me
to Mc
I had some talk with hiin
on the road to McGregor he asked what
we wanted of him at McGregor I told
him that Mr. Bergman, the Marshal of Mc
Gregor, had in his possession a warrant
for his arrest we offered to stop and read
the warrant to him he said he did'nt care
to have it read, that I could tell him what
was in it I told him that the warrant
charged him with murder he said, "If I
had known thui: I would not have been
here I then asked him where he wjuld
have been he said, "I would have been
in some of the groves or sink holes around
home I told him wc would have had 200
men in the woods before this time, and
that we were about to send to Monona to
get two boys who had lived there, to scour
the sink holes in your vicinity he said he
was well acquainted with that vicinity.and
could have remained there six weeks with
out any fear of being found the night be.
fore wus very dark, and he told me that
he was frequently upon one side of a tree
in the dark while our boys were on the
other side he said he had been dodging
our boys that h# had seen a portion of
our boys in the afternoon that at that
time he was in the grove cast of the brush
fence I saw a trunk at McGregor and
some pictures I think they are the same
articles I saw here in court I first saw it
near Bass's warehouse in McGregor: I saw
the prisoner pass in and out of McGregor
I saw the prisoner and his father leaning
against some bannisters they were the
first men who told me that the trunks had
been found it was about six days after i
this that I arrested hiin the prisoner's
father in the prisoner's presence talked
with me who they thought the trunks be
longed to they said they must belong to
Mrs. Ilaggerty and her family the old
man expressed a fear that the family had
been destroyed, and whoever had killed
them had got a good "bit"' nf money I
asked him if the woman was a woman that
would be likely to destroy herself in a fit
of insanity or throw herself in the river.
The defense objected to anything furth
er in that direction, which objection was
1 subsequently had a conversation with
the prisoner, and think he told me that he
had taken her from Potosi he said he had
seen her often, once after she moved to
Prairie du Chien—had visited her once I
am acquainted with the banks of the Mis
sissippi river opposite Cassville and on the
eastern side 1 followed rafting there for
two years I atu also acquainted with the
Jaco slough it is about one mile from
Cassville to the head of Jaco slough I
know the location of Jaco Island it is
formed by the dividing of the waters of the
Mississippi the south line of Clayton Co.
strikes the Mississippi river about 3 miles
south of Buena Vista. (Witness here poin
ted out the Juco Island and slough on the
This slou
map of Clayton county.
Island, as appears by the map, is about 2
or 3 miles north of the south line of Clay
ton county, Iowa I have seen steamboats
and rafts pass through Jaco slough Bull's
Ilead is about 7 miles from McGregor it
is four or five miles from where the priso
ner lives 13 miles from there to l'ostville
via Monona from there to McGrcgor it is
about 23 miles.
Cross-examined. (The witness here
marks with the letter "K," Cassville on
the map and also points out Prairie du
Chien, upper and lower town). It is about
18 years since I rafted on the Mississippi
river have been there frequently since I
have not taken an unusual interest in this
prosecution I have felt an interest in
keeping the prisoner I think I did say
the other day that I thought this trial a
damned farce when a witness for the State
was excluded for want of notice I have
acted as detective in this case for a short
time. (The question was here asked the
witness whether or not ho had a warrant
for arrest of prisoner bused upon a requi
sition of the governor of Wisconsin on the
governor of Iowa. Objected to by the
State, and objection sustained.)
The State here offers in evidence tin box
photographs, or likenesses, Nos. 1 to S, a
it, boy's boots, 4 pieces of bows, one ear
drop two finger rings, one box of trinkets
&e., locket and chain, scissors*, hammer,
twilight and hood, map of Grant Co. Wis.
and mnp of Clayton Co., Iowa.
Prosecution here rest their cause.
Mr. Xoble on the part of the defense,
stated that they had but little if any testi
mony to offer, and that at all events but a
very short time would be consumed in its
Court then adjourned until to-morrow
at 7] o'clock, a. m.
It is generally understood that tb« de
fense has no testimony to offer, so that it
is expected that the argument of counsel
will commence to-morrow.
Judge Murdock will open the case to the
jury. The prisoner seldom lifts his head
now. His nervous system is evidently suf
f«ring from the effects of the protracted
trial. The only hope of the defense is that
mitted in Wisconsin. The fact of his guilt
is evident to every one who has read the
testimony, while the circumstances of the
ease render it one of the most horrible and
brutal of any on record.
Before the commencement of the argu
ment, defendant's counsel stated to the
Court that they should insist on the prose
cution restricting itself in argument to the
single question of the jurisdiction of this
Court, and that the District Attorney alone
should open and close the case. The court
refused to resirict the argument on the
part of the Prosecution to District Attor
ney, but on request of the District Attor
ney, Judge Murdock and J. T. iStoneman
were permittod to urgue the case on part
of Prosecution, to which defendant excep
ted. It was agreed that eacli of the defend
ant's Counsel, Messrs. Noble, Odell, Updc
graff and Ainsworth, be permitted to ad
dress the Court and Jury.
Whereupon at 9 o'clock a. m. Judge
Murdock on the part of the prosecution,
addressed the court and jury conceding
that it was the duty of the prosecution to
establish the guilt of the defendant be
yond any reasonable doubt. He maintain
ed that the court would take judicial notice
of the extent of its territorial jurisdiction,
citing United States statute conferring con
current jurisdiction on the territory of
Iowa with other states bordering on the
Mississippi, over the waters of the Missis
sippi river from shore to shore. Also the
act of Congress admitting Iowa into the
I'nion to same import. Also cites act of
territorial legislature of Iowa exteading
jurisdiction of counties on Mississsippi riv
er to cast shore of river concurrent with
other counties and States. Also quotes
from revision and decisions of Supreme
Court of Iowa to same import. He then
proceeded to show that even by common
law authority, independent of statute, this
jurisdiction of Iowa over the waters of the
Mississippi river, existed and could be
maintained. Maintaining that tho legisla
tion, National, State, and Territorial, al
combine to recognize and establish the jur
isdiction of this court, provided the of
fense uas committed on the Mississipi riv
er, which fact he proceeded to show that
the evidence would clearly establish.
The judge here proceeded to trace the
history of difcndunt and Ilaggerty family
and their imtimacy with each other as nar
rated by the evidence down to the time of
his taking her to Prairie du Chien.
Defendant visits Mrs. Ilaggerty.at Prai
rie du Chien, she expresses joy at seeing
him, and tells him that she last night
dreamed of seeing him with white pants
on and asks him why he had not answered
the two letters she had written him, to
which he roughly replied, I got no letters.
This was a fatal dream to Maria, for with
in six days of that time she is at the hunds
Of the defendant floating down the Missis
sippi in a watery grave. Two days after
this interview, she leaves Prairie du Chien
and is next found at McGregor purchasing
a stove, bedstead, und other article* of
household furniture. Why is it that on the
following day after making all these prep
and ar&tions for permanent housekeeping at
McGregor, that there is a change of pro
gramme, and she is found selling off these
articles and leaving
cloak and sucque, a checked woolen shawl,
man's cap, 2 boys' caps, clothing of girl alive by any living witness. Why do you
as identified by Dr. Andros, boy's blouse here find him enquiring for Pluttcvillc,and
W jacket, boy's pants, board with bole in (instead of going there, *nd instead of stay-
the jury will find that the crime was com-: the country in all directions to wear them
Defendant offered in evidence, a tran
script from the records of the District
court of Grant County, Wisconsin, which
showed that defendant had been indicted
in the District Court of Grant County,
Wisconsin, for the same offence, previous
to the finding of indictment on which he
is now on trial, which was objected to.and
objection sustained, on the same ground
that the testimony of Davis was excluded
on this subject. Whereupon defendant
The reasonable and
true answer to this inquiry is that she was
prevailed upon by defendant to leave with
him to cover up and hide the crime of their
too greut intimacy herejthe curtain drops,
and we next find the defendant with Mrs.
Ilaggerty and family on the following day
at Bridgeport. What business had he
there with this woman, is a question for
the jury to answer. She was not his wife.
From here he is traced to Cassville und is
seeu with this family near the fafal spot.
What business had he there if not to re
conoitre a spot to plunge this family into
a watery grave If this was not his object
and purpose what wus it? After having
looked out the fatal spot and reconnoitered
this dug way and slough instead of seek
ing the hospitality of some roof, he spends
the whole night of the 10th traveling about
and is next found at McKinnie's in Lan
caster, calling for breakfast. Where did
he spend the long, cold, and dreary night
of December 10th? This zigzaging course
was evidently intended to cover up and
conceal his tracks nnd make it impossible
to trace him. When ho leaves Mr. Hyde's
about 3.! o'clock of the lltli, is the last
seen of Mrs. Ilaggerty and her children
ing over night as he was urged to do, re
trace his steps and return to the fatal spot
at the head of Jaco slough, where this en
tire family was consigned to a watery
On the morning ot the 12th he is seen
within 2'. miles of the fatal slough, (Mrs.
Ilaggerty and children no longer with
him) retracing his steps. Were the defend
ant to get up and narrate ull the facts in
the case precisely as they occurred, he co'd
not tell you any facts that I am not able
to tell you from the circumstances that
have been brought to light, all pointing
unerringly to his guilt. Here again you
find from the evidence tho remarkable cir
cumstances of a sleigh track coming down
to the air hole. The council here alluded
in forcible terms to the giunt like frame
and herculanean strength of defendant,
and the fact that for four cold dreary days
and nights he had been traveling about
out and stnpify them so that they would
sleep upon the very ver^e of the grave.
Counsel was here interrupted, and the
court adjourned to dinner.
At a quarter to three p. m. Judge Mur
dock concluded his exhaustive argument,
giving a full history of all the facts and
circumstances of the case pointing to the
guilt of the defendant, when Mr. Noble
proceeded to open the defence by saying
that they proposed to argue only the ques
tions of where the offence was committed,
and the jurisdiction of this court and he
proposed to confine himself to the latter
proposition conceding for the purpose of
his argument that tho offence was commit
ted at Juco slough, and proceeded to argue
and cite authority that the jurisdiction of
Iowa only rxtended to the main channel
of the river, and not to the opposite shore
as claimed by the prosecution.
Mr. Noble here addressed the court
on the part of the defeuso in fubstance
as follows:
•As we stated at the onset, we do
not propose to discuss any other feature
of this case than the legal one involving
the single question of jurisdiction. I
shall not stop in my argument to discuss
where the offense was committed, but
for the sake of the argument admit it
was committed on Jaeko slough. If the
prisoner is convicted of murder in this
State under the testimony, it will be
but judicial murder.
I come to the question first of bound
ary and jurisdiction.
The prosecution has not attempted to
define the terms boundaiy and jurisdic
tion. Take the act of Congress admit
ting Iowa into the I'nion, aud construe
its language literally and it gives Iowa
judisdiction over the Mississippi from
St. Paul to its mouth, but the proper
construction would be that it gives the
state concurrent jurisdiction over the
river proper, but not over the sloughs
and bayous of that river. Jaeko island
is the east bank of the Mississippi aud
the jurisdiction of Iowa can go no fur
ther. Jaeko island aud slough are in.
Wisconsin, aud in order to reach Jaeko
slough from Iowa, you havw to pass over
a part of the territory of Wisconsin.—
[Mr. Noble here read from Gilbert vs.
Molinc Water Works.] 19 Iowa report.
The ease at bar is exactly parallel
with the one just read by me, for you
have to go over aud across a part of
Wisconsin to get to Jaeko slough. It
is tho thread of the river proper that
forms the common boundary. The word
jurisdiction, as applied to states implies
nothiug more than the power to govern
by legislation and until the state has
legislated upon that subject, your honor
has no power to try a case arising be
yond the main thread of the Mississippi
river. The criminal code of Iowa is all
the law that we have on the subject.—
That nowhere gives this court authority
to try a case like the one at bar.—
It gives this court no jurisdiction for
offcuses committed, as the testimony
tends to show, upon Jaeko slough in
Wisconsin. There is no common law to
hang a uirfu in Iowa. That authority
must be specially conferred, and if not
found in our criminal code, it cannot be
exercised. [Mr. Noble here read from
1st Bishop's criminal law, showing that
at common law the jurisdiction of coun
ties ouly extend to the water line, while
the jurisdiction of the state over the
territory may extend into the water one
marine league.]
It is not pretended that Jaeko slough
is the Mississippi river. We have to
pass over the sovereignty of Wisconsin
to reach it. If a crime was committed
on (5 rant river below where Swift slough
enters into it, the gentleman might with
just as much consistency claim that
Iowa had concurrent jurisdiction of it
as over the offense committed upon
Jaeko slough. The courts of Iowa
have no jurisdiction even to remove a
nuisance erected upou the Mississippi
river near the opposite shore as is fully
shown by the opinion of the court iu
the case of Gilbert vs. the Moline Water
Works which was for placing an ob
struction by building a dam across the
slough or channel which forms the is
land of Rock Island, in which case the
supreme court decided that the courts
of this state had uo jurisdiction to try,
and for a much greater reason this
court has no jurisdiction to liwr aud
determine this case for an offense com
mitted on Jaeko slough, iuvolviug the
question of man's life.
Mr. Odell followed in substantially
the same line of argument, but went
further contending that there was no
evidence showing that the deceased
came to her death by drowning, or even
that the crime was committed on Jaeko
slough, we give the substance of what
he said on this point:
In fact there

showing that this offense was committed
on Jaeko slough it is simply inferences
raised by the counsel for the prosecu
tion and without any foundation in fact.
They furnish no evidence whatever,
showing that the family had been
drowned. Why did they not examine
their lungs and ascertain whether such
the fact or not? The books show
that from such an examination such
facts could have been ascertained.
And again it would have hecen utter
ly impossible for the prisoner to havs
taken the members of the family one
by one from the sleigh and put them in
this air hole. While putting one in.
the others of course could have run
away and raised an alarm. The only
reasonable idea is that the family were
murdered, if murdered at all, before
the team went on the ice and if such
be the case, of course then the cause
falls to the ground, and the prisoner has
no business here. I think your duties
in this case will be easy. It is for you
to find where the crime was committed
Considering the facts of the case what
is there of it? Why did they indict him
in Wisconsin? Because they no
faith in the case in this state.
The state must prove ail the material
points in the case beyond the possibility
of a reasonable doubt, before you are
authorized to find the prisoner guilty.
In conclusion let me say, act towards
this prisoner as you would have him act
towards you, were he in your place and
you in his.
The West Union Union," fnni
which we clip largely, the reports being
first published in the Dubuque Daily
"Herald," by Henry Riekel Ksq of
West Union, says:
"We regret the want of space to give
a synopsis of the speeches of Messrs.
Stoneuian and Granger for the- prosecu
tion. and Ainsworth and Updcgraph for
the defense. While they followed out
the same theories aud line of arguuient
presented by Judge Murdock for the
prosecution, and Mr. Noble for the de
fence, each gave marked evidence of
his ability as an advocate, by the differ
ent views in which he presented the
facts to the jury, and the able and for
cible manner in which he illustrated
aud analyzed the law to the court ou
the jurisdiction question. The argu
ment commenced Wednesday morning,
and was concluded Thursday noon, and
was listeued to throughout with marked
attention, not only by the Court aud
Jury, but by the dense crowd of spec
tators, male and female, who crowded
the Court House to its utmost capacity.
At the conclusion of the argument the
Court charged the Jury, as follows:"
We again copy from the "Union:"
The usual motious for a new trial and
in arrest of judgment having been filed,
argued and overruled on Saturday,
July 9th, at 8 o'clock 1\ M., the pris
oner was brought into court to receive
his sentence. An anxious sympathiz
ing crowd were waiting to witness the
closing scene of the great drama that
had for two weeks beeu the only topic
of conversation on the street, iu the
stores, groceries, saloons, and in every
domestic and social circle. With nary
a sympathy for the culprit, however^
but alf for the victims lie had so ruth
lessly slew. He took his usual place in
the court room by his counsel, with all
the composure and dogged firmness that
had characterized him through the trial.
In a moment the densely crowded court
room was as silent as the grave. All
seemed to realize the solemnity of the
occasion, and those who for two weeks
of suspense and uncertainty as to ttihe
prisoners fate, had been the nuMt Ibitter
and severe in their denunciations of him
as a being unfit to disgrace so honorable
a death as the gallows, now that he was
about to receive front the court his final
doom, seemed to be momentarily moved
with pity and compassion for him, to
wards whom a moment before they
WHOLE No. 718.
were breathing anathemas and curses.
Just at this moment of suspense the
counsel for the defense, presented an
affidavit setting forth their inability to
supply copies of motion, evidence and
so fourth, missing from the record, and
the rights of defendant would be pre
judiced by sentencing him before they
were supplied, which could be supplied
some day next week, whereupon the
case was continued until Thursday July
14th, at 2 o'clock P. M. When in all
human probability he will receive his
sentence, after which the supreme court
and Kxccutive clemency will be the only
sources to which he can look for hope
to escape, a fate that in the opinion of
99 out of every hundred who have
heard the story of his horrible murder
of the Ilaggerty family,
II. W. B.,
have equal regrets
on space account. It is told us that the
legal gentlemen engaged in this suit
added largely to their credit as attor
neys. Judge McG lathery charged the
Jury elaborately in 22 sections.—
We condense. Is the body of the
dead woniau that of the late Maria
Haggarty? Did Thompson murder her.
either by poison, strangulation, drown
ing or iu auy other manner? Has there
been proof of malice aforethought?
These being proved to you, have you
evidence that the murder was committed
iu the Iowa waters of the Mississippi?
All this authorizes a verdict of guilty
of murder. If you are not satisfied
that the murder ftas committed in the
jurisdiction of Iowa, then this case
must go to Wisconsin. The Judge's
charge is very able one, and we de
sign publishing it as a matter of record
in murder cases.
The idea of a general Shakspearean
commemoration is one in which the bet
ter elass of American citizens will take
especial interest. We feel sure that it will
be universally honored, and that its influ
ence will be of the most refining and ele
vating character. It will create a desire
with the coming generation to read the
of Shakspeare and to see them ably
represented. The annual festivals in the
principal cities, on the 23d of April, will
all forth the best and wisest men of the
nation, they will meet the good and great
of i he stage, and each will learn the true
value of the other. It is quite time that
'lie men and women who give character to
the dramatic profession were more fitly
recognized. The day has long gone by
for press or pulpit to underrate the posi
tion and powir of the drama. A national
''Shakspeare day" would do much toward
correcting the false impressions that still
linger in some minds.
'-The pulpit orator may lift his eye«,
And wltli his finger pointing to the ukits
IIIII I forth liis thunder on the actor race.
Ami call the play-hniue a most sinfnl place.
Vet. let the preacher and tliv church remain,
To lead the soul to heaven, and to K*m
Rich ••(inquests over wickedness and sin—
The outward ni^na »f excellence within—
Shall we condi nin tlin church, that tho** vlMtttcl)
Ho not precisely practice what they preach?
Belike there art' a» bad men in tliu chinch
As ever lelt the erring in the lurch:
And on the stage, perhaps there are as good
As ever earned a poor old mother's food.
Then let the drama follow ou her course,
Relinking folley, showing the remorse
n vice attendant, and the earthly pain,
That ever breeds where crime hath left a nlate.
Religion and the drama, hand Tti hand,
•Might spread docility throughout the lantl.
This of the soul, the other nf.the mind,
Be thus the miMlon of the two combined
ON IxTEitF.sT.—No
draws sharper than interest does. Of all
industries nane is comparable to that of
interest. It works all day and night, in
fair weather and foul. It has no sound in
itK footsteps, but travels fast. It gnaws
at a man's substance with invisible teeth.
It binds industry with its film, as a fly is
bound in a spider's web. Debts roll a
man over and over, binding hand and
foot, and letting hiin hang upon the fatal
mesh until the long-legged interest dovours
him. There is but one thing on a farm
like it, and that is the Canada thistle,
which swarms new plants every time yon
break its roots, whose blossoms are prolific,
and every llower the father of a million
seeds. Every leaf is an awl, every branch
a spear, and every plant like a platoon of
bayonets, and a field of them like an
armed host. The whole plant is a tor
ment and a vegetable curse. And yet a
farmer had better make his bed of CaBada
thistles than attempt to be at ease upon
If you have a discharge from the nose,
offensive or otLerwise, partial loss of the
sense of smell, taste or hearing, eyes wat
ering or weak, feel dull and stupid or de
bilitated, pain or pressure in the head,
take cold easily, you may rest assured
that you have the Catarrh. Thousands
annually, without manifesting half of the
above symptoms, terminate in consump
tion and end in the grave. No disease is
so commtn, more deceptive or less under
stood by physicians. It. V. l'ierce, M.
!., of rJull'alo, N. Y., is the proprietor of
Dr. Sage's Catarrh ltemedy,—a perfect
Specific for Catarrh, "cold in the head,"
or catarrhal headache which he sends to
any address, post paid, for sixty cents, or
four packages for S2. Sold by most drug
gists everywhere.
If Johnson's Anodyne Liniment is
half as valuable as people say it is, no
family should bo witout it. Certainly no
person, 1 e he lawyer, docter. minister, or
of any other profession, should start on a
a journey without it. No sailor, fisher
man, or woodsman should be without it.
In fact it is needed wherever there is an
ache, sprain, cut, bruise, cough or cold.
Farmers^nd "Horse Men," are continu
ally enquiring what we know of the utility
of Sheridan's Cavalry Condition Powders,
and in reply, wo would say, through the
columns of the Times, that we have heard
from hundreds who have used them with
gratifying results that is uUo our experi
A. T. Stewart returns an income of less
than $100,000 for the past year, while
Clailin, Mellen & Co., and hundreds of
other large New York houses show but
small profits. Thousands of iuerchaKts
swear to losses for the year, and a number
of houses failed.
"Ticket sir," said a railroad conductor,
passing through one of the trains the oth
er day, to a passenger. "My face is my
ticket," replied the other, a little vexed.—
"Indeed," said the conductor, rolling back
his wristbands and displaying a most pow
erful bumth of fives, "well, my orders are
to pnch all tickets passing ovr this road."
Ayers American Almanac, for the new
year, has arrived for delivery gratis by
Peterson & Larson, to all who call for it.
This little annual has the largest circula
tion of any book in the world, made by
the fact that it furnishes the best mediual
advice which is available to the people—
enables them to determine what their com
plaints are and how to cure them. It con
tains the startling announcement of the
conflagration ol a world, or the combus
tion of one of the stars in the fifuuunent
with all its attendant planets.
In tho neighborhood of Boston once
lived two clergymen, one of whom was re
markable for his dry humor and the other
for his prolixity. The former meeting the
latter, asked htm to preach for him at his
Preparatory Lecture. The latter replied
that he couli not, as he was busy writing
a sermon on the Golden Calf. That is
just the thing," was the rejoinder, "couie
and give us a forequarter of it"
Dog Driving: In Alaska.
My team comprised time dogs. The
leader was a fine black dog named Ikkec,
|vho had a magnificent bushy tail, which
was always erect and curly. The next ene
tras black and white, and called Sawaska,
ft hard worker and of amiable disposition.
Next the sled was old Kamuk, my favorite
and the ugliest dog in the brigade. Ilis
tail, poorly furnished with hair, was usu
ally between his legs his ears were short
and scored with the marks of many bat*
ties. Ilis face was stolid and exhibited
emotion only when feeding time came, or
when tome other dog ventured too near or
lagged behind. His body was large, and
his legs like pillars his color was white,
with dirty spots. Altogether he looked a
good deal like a .lean pig. But how to
would pull 1
A description can give but a faint idea
of dog driving. It is an ait in itself. The
nature of dogs is cross grained, and they
frequently do the wrong thing with appar
cntly the best intentions. Each has a pe
culiar look and character. Some are irre
aim ably lazy, others enjoy hard work un
less pushed too far some are greedy and
snappish, others good humored and deeor
us. All are very practical, showing af
Tectioironly for the man who feeds them,
and for him only as long as he feeds them.
Iience the voyager should always feed his
own team himself. They dislike the whip
not only when in use, but in the abstract.
They will always destroy ene if they can
get at it. The whip is made with a short
handle, a very long lash, braided of leath
er or sealskin, nnd usually loaded- with
sheet lead or bullets in the core.
As we walk behind the sled, which ordi
narily travels about four miles an hour,we
have an excellent opportunity of studying
dogs. One habit appears to be ingrained
in their nature. It exhibits itself at street
corners in cities, and at every bush, stump
lump of ice they pass on the road. When
traveling rapidly,some dog will stop twen
ty times an hour to examine any bush or
twig which attracts his attention. If a
leader, it checks the whole team 'if not,
he usually entangles himself in the har
ness, and jumps frantically to release him
self as he hears the well known crack of
the whip about his ears. If a log comes
in the way, and the driver is not ready
with his help in urging the sled over it,
down they all drop on their haunches,
wagging their tails, and looking about
with a pleased expression, or uttering a
sentimental howl. With a crack of the
whip, and a shout for Kamuk to stir him
self, their reveries are broken, and we go
on. Going down hill the whip and lungs
are again called into requisition, to keep
the dogs out of the way of the descending
It is said that no man ean drive doge
without swearing. I think it is in a mea
sure true. At all events he must have a
ready store of energetic expeletives to keep
them on the qui vive. In Russian Ameri
ca we always used the indignant epithets,
which, as wc did not understand them,
were hardly sinfnl. If there is a tree near
the trail, the dogs invariably try to pass it
on different sides, until checked by their
harness they constantly exhibit such idi
osyncrasies, and it was lucky for Job that
he was not set to dog driving if he had
been, I fear that his posthumous reputat'n
would have been lost.
At noon we stop for a cup of tea.. Tea
over, you empty your chynik, and set it in
the snow a moment to cool, that you may
not burn your sled cover. Having re
placed it, and seen that the dogs are un
tangled, you shout to Kamuk, "be off, you
old sinner Down goes his tail, and
you go.—DaIVs Alaska.
End of Four Great Men.
The four conquerers who occupy Ilia
most conspicuous plaees in the history of
the world are Alexander, Hannibal, Cae
sar and Bonaparte.
Alexander, after having climbed
dizzy height of his ambition,with his tem
ples bound with ehaplets dipped in the
blood of millions, looked down upon a
conquered world, and wept that there was
no other world for him to conquer, set a
city on fire, and died in a sceneof debauch.
Hannibal, after having, to the astonish
ment and consternation of Rome, passed
the Alps, and having put to flight the ar
mies of the mistress of the world, and
stripped "three bushels of gold rings from
the fingers of her slaughtered knights
and made her foundations quake, fled
from his country, being hated by those
who once exultingly united his name to
that of their god, and called him Hanni
Baal and died at last by poison adminis
tered by his own hand, uulamented and
unwept, in a foreign land.
Cesitr, after having conquered 800 cities
and dying his garments in the blood of
one million of his foes, after having pur
sued to death the only rival he had on
earth, was miserably assassinated by those
he considered his nearest friends, and in
that very place the attainment of which
had been his greatest ambition.
Uouuparte, whose mandates, kings and
popes obeyed, after having filled the earth
with the terror of his name after having
deluged Europe with tears and blood and
clothed the world in sackcloth, closed his
days in lonely banishment, almost literally
exiled from the world, yet where he co'd
sometimes see his country's banner wav
ing over the depot, but which did not and
could not bring him aid.
Maria Mitchell'
has been made Professor of Astronomy by
Vassar College. Heaven help her husband
—if she ever secures one. Learned wo
men neyer make good housewives. We
have known many *uch women in our day
both in this country and in Europe, but
not a solitary one happy in her domestic
relations. Not one. The moment you ed'
ucate one of the sex up to the standard o(
rare distinction, you unfit her for domestio
duties, you unfit her for her proper family
position. She saust wed a milksop and be
come the head of the family herself,or else
her married life will be a perennial seane
of quarrel, petty bickerings and acute no
tions. A learned woman may be happy
as an old maid she never can be as a wife
and mother. It is a pity, but it is the
The Albany Atyu* thinks that with
proper exertions the Democracy map
ry twenty-two States in 1872.
An Iowa paper exposes the meannass of
a large Dubuque manufacturing fins that
"docks" its employees five cento par week
to pay ioe bilto.

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