Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1904-04-05
cAckLEY SENTENCED TO PENl.
TENTIARY FOR MURDER OF
RUBEN FENsTENMAKER.
CHANGES PLEA TOGUILTY
Had Confessed to Crime Committed
Many Years Aeo.-Judse Elchelbers.
er Pronounces Punishment.-WlIl Be
Taken To Ft. Madison This Evening.

Keosauqua, April 4.-(Special.)--
Charles Cackley, when arraigned this
morning before Judge f. W. Eichel-
berger in the Van Buren, county dis
trfct court, for the murder of Consta-
bic Reuben Fenstenmaker in Farming
ton 36 years ago, withdrew his plea
OF not guilty" and plead guilty to
murder in the second degree. He was
sentenced to ten years in the peniten-
tiary' at Ft. Madison and this evening
will be taken to that place to begin his
term of service.
Cackley was being held upon a
charge Of murder in the first degree
for a crime committed in 1868 just af-
ter his return from several years SER
vice in the Union army in the civil
war. Cackley had been a resident of
Pennington and for several years had
worked for various farmers of the vi
cinity. At the time he went away to
enlist he rode away on pony belong
ing to the man by whom he had been
employed. Upon the day of his return
from the army three or Iour years lat
er he drank too freely and became in
toxicated.
CackIey's Escape.
He was about town all day. Late in
the evening upon the statement of a
party VINO claimed to know that Cack-
ley was wanted on the charge of steal
ing the pony Constable Reuben R. Fen
stenmaker arrested Cackley and sent
a deputy to the country to have the
man from whom it was claimed the
pony had been stolen come to town
and swear out a warrant. Meanwhile
instead of taking Cackley to the jail
and holding him Fenstenmaker took
him to stairway leading to the Sec
Hond story Of one of the store buildings
and there they sat down to await the
coming Of the farmer. Z The crowd
grew as the news spread and Cackley
finally objected to being held in such
la public place. A quarrel arose be-
tween the two. A short scufle en-
sued and Cackley shot Fenstenmaker,
wounding him so seriously that he
died about two days later. Cackley
escaped but was captured and put in
the Jail.
Sought Pension.
He was there but few days till
he escaped and was recaptured only
after a weeks chase. He was again
confined but inside of ten days once
more escaped, this time by crawling
up and through an ordinary fire place
chimney. This was the last seen or
heard from him till few months ago
when he applied for pension for
wounds received while: in the army
To secure the pension it was necessary
for him to drop the assumed name un-
der which he had been living and under
which he had married and raised a
family at Ironton, Mo. A letter from
the pension department at Washington
to the officials at Keosauqua gave the
fatal information and in few days
Cack1ey was arrested and brought
guilt and announced that he was ready
to be punished for his crime.
Remembering the ease with which
he had escaped from the Jail thirty-six
years ago when a young man, the of.
flcers decided to take no chances with
| the old man. He was taken to Ft. Mad.
ison and held behind the bars there
He was returned few days ago, ar.
raigned and pleaded mot guilty" This
morning he withdrew that plea and ac
knowledged his guilt and received his
sentence. County Attorney E. L. Nc
Cold conducted the prosecution and
w. M. Walker the defense.
The case in which an old weak and
gray bearded man is punished for a
crime committed while but little more
than boy stands unique in the Grim
inal annals of Iowa and there are but
| few cases on record that equal it for
the length of time intervening between
tho rpn mi sSi0n of tho orima opd the
trial and sentencing of the prisoner.