The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1875-07-01

the essential facts claimed by tn.
prosecution were admitted to be true
For the defense, the farcical plea o
insanity (since made famous in de-
feating justice in humber of noted
cases), was set up, and several wit
nesses were introduced to show the
strange conduct of the prisoner fol
some weeks prior to, and at the time
immediately preceding the homicide
The testimony being closed, J. v
Berry made the opening speech, a
prescribed for public prosecutors
For the defense, Mr.. Reeve addressed
the jury in his usual eloquent man
.ner and detailing in . graphic manner
oil the incidents leading to the homi-
eide. The tenor of his argument
was that the charges repeatedly made
BY Davis against Croft we're grievous
enough to unhinge tn strongest in.
tellect, and he appealed strongly to
the sympathy of the jury in behalf Of
his client. Mr.. Berry followed in
the closing argument, showing that
the plea Of insanity was mere subter-
fuge and not sustaining the testi-
mony. After the able charge OF
Judge Wilson, the jury retired for
consultation. While they were out
there was but one opinion among the
excited populace, and that was that
Croft was guilty. Meantime court
adjourned for supper. In about an
hour after retiring, the jury returned
to the court room to report their ver-
dict. The house was densely
thronged, and the popular pulse ran
high with excitement, and it seemed
as if each of the auditors had sus-
pended his breath to watch the words
of the foreman. The Judge broke
the solemn spell Of silence BY enquir-
ing in the regular judicial tone, if the
jury had agreed upon a verdict. In
response, Thomas Marshall, acting as
foreman, replied, "We have, your
honor. We find the prisoner not
guilty" For y moment oppressive
silence prevailed, and then Mr.. Berry,
the prosecuting attorney called for q
poll of the jury. All answered sue
cessively to their names, and in
affirmation OF the verdict returned.
Upon this Mr.. Berry turned to the
jury and said, in most emphatic de-
liberate manner, 81 pronounce you,
in the presence of this court, and in
the sight of Heaven, all set Of per-
jured scoundrels and you will be
branded as such so long as you live" !"
After the verdict, Mr.. Croft was
carried from the court room, in tri-
umph, upon the shoulders of his
friends, and spent the night with
them in revel and debauch.
The night following these events
was passed by indignant citizens in
making effigies Of the recaIcitrant and
perjured jurymen, and daylight
showed them hanging to limbs and
clothes lines, so truthfully portrayed
that each Of them could be recognized
bv the public. Among these figures,
the most prominent was that repre-
senting Tom Marshall, with highly
polished boots and magnificent bust,
on which was written in legible char:
acters, "Not guilty, your honor
Subsequent events verified Attor-
ney Berry's scathing denunciation
and prediction as to the fate of these
false jurymen. Not one of them ever
after filled an Office Of trust or emoln-
ment, and the simple announcement
that one of them had been on the
Croft jury was enough to forever
damn him in the estimation of all
citizens.
Croft, although legally cleared, had
the brand Of Cain upon his brow, and
soon left the country for the Territory
of Minnesota, where he did not pros
per. 1t was reported that he was
killed bv Indians. OF this fact we
do not pretend to vouch-further
than to say that he is dead, and this
may be one of the crimes, uni Justly
attributed to innocent aborigines.
| have said the murder os Davis
was the first homicide committed in
Jackson county. This is virtually
true, vet there was murder COM
mitted prior to that, but at what was
then known as Tabor's Ferry which
was misnomer, as there was no fer
ry established at that time-and now
familiar to many readers, as Gordon's
Ferry, on the line Of the c., ID. & NJ.
Railroad. AT that time there were
but two counties in the State, Du-
buque and Des Moines, and this ferry
was in the territory Of the former, but
now n Jackson county.
John and Tom Tabor had made a
claim at the ferry, bat Jesse Shipton
claimed that he made the first i'm
provement. The Tabor brothers we're
in possession and determined to keep
it. Much i'll feeling grew out of
these rival claims, and many threats
were made on either side. So long
as the brothers were together Shipton
kept a. a distance, but they got short
of provisions, and John Tabor went
to Galena to purchase supply, and
on returning in the evening he found
Shipton in possession of the premises.
Some of the neighbors apprised him
of this fact, and said the dead body
Of his brother was lying in the house,
pierced by a bullet from Shipton's
rifle. Upon this information John
hid in the brush watching an oppor-
tunity to ayenge his brothers death
by shooting his murderer. Shipton
knowing the character Of his enemy,
thought discretion the better part Of
valor, and took advantage of the
darkness to make his escape. He
was, however, soon arrested, but as
no one appeared against him he was
set at liberty. John Tabor watched
for an opportunity to kill Shipton,
and once shot bullet through the
front of his pantaloons. The latter
seeing the direction from which the
ball was fired, approached the for.
mer's hiding place and chased him to
the river, where he escaped in skiff
Shipton firing ut him IS he rowed
away. Both parties now came to the
conclusion that it was likely to cost
thorn mora than II mas worfh RI hold