Ottumwa weekly courier. (Ottumwa, Wapello County, Iowa) 1872-1899, 1877-02-07

rible ARRAY took place at what is
known as s'Tear Down" Church, in
Warren county. between the families
of one Howery and two men named
Westfall and billiard, living near
North River, in Warren county.
There had long existed aquarrel, and
on several occasions they had come to
blows. On Saturday evening the
three families were all in attendance
at protracted meeting held there.
The Howerys were accompanied by
several other men, among them one
James Grum. The opposing parties
were also accompanied by their
friends, among whom were two young
men named Battles and Flanagan.
The State Register says: GAIL were
quiet during the services and the
clans all left the house together, fol-
lowed by the remainder of the con-
gregation. A few rods from the
church quarrel ensued, and scarcely
had it begun before there was a sud
den report of firearms, groans and
cries, and almost before the smoke of
the discharges had been blown away
two of the Howerys reeled and fell
dead. A day or two later James
Grum died. None of the Westfalls
or billiards were injured. Three Of
the latter and three of the former,
Flanagan and Battles were arrested,
indicted, and three weeks since Ben.
Westfall, supposed to be the chief of
the gang, was placed on trial in the
Warren county District Court. He
was ably defended by Judge Cole, of
this city, and by PARROT Il William
son, of Indianola. The State was
represented by District Attorney
Smith and Bryan s. Sewers.
A singular feature of the case was
that, although numerous pistol shots
were fired, all the murdered men
were killed by a stab inflicted from
behind, the wound in each case sever
ering the large artery near the spinal
column. All the wounds were in
flicted by the same weapon and evil
IDENTIFY by the same hand. The theory
Of the State is that the attack was
made upon the Howery party by all
the Westfalls and Billiards except
Ben. Westfall, and that while their
attention was directed to the battle in
front of them he assailed them in the
rear with the deadly dagger. The
knife with which the wounds were
inflicted was found and identified as
the property of Ben. Westfall.
THE TRIAL
- before stated, occupied about three
weeks the case against Ben. Westfall
alone being heard. 1t was the most
exciting trial ever known in Warren
county. the courtroom being contin-
uaIly crowded. Competent judges
who were present state that it was
one Of the ablest contested cases ever
tried before any court. Judge Cole
made the principal argument for the
defense. District Attorney Smith
opened the case for the State, Col. L.
Cad Bryan closing. The jury retired
at $3.50 Friday evening. At 10 o'clock
yesterday morning they returned into
court with verdict Of murder in the
second degree. The defense made
motion in arrest of judgment and for
q new trial. BY provision of law,
not less than six hours can elapse be-
tween the finding of verdict and
the sentence of the Court, and at half
past 5 o'clock last evening Westfall
was brought from his cell to the
courtroom. The Judge announced
that he had overruled the motion for
a new trial, and sentenced the prison
err to twelve years in the penitcntiary.
He was convicted Of thesmurder OF
George Howery, but there are other
indictments against him for the muir
der of the other Howery and James
Grum. The latter made an ante
norton statement that his wounds
were inflicted by Ben. Westfall.
Whether Mr.. Smith will insist upon
trying these yet remains to be seen.
Besides these there are eight other
indictments against the other menu
bers of the gang"