Year: 1875




BY CAPT. w. A. WARREN.


From the Maquoketa Sentinel.


On the adjournment of court,
meeting Of the Board of Count,
Commissioners, (now Supervisory
TO take into consideration and provide
means for the safe-keeping Of tn,
prisoner, Croft, was held. At thi
session spirit not uncommonly man
ifested in such bodies, was apparent
The members were unlearned in tn,
law, and as consequence terribly
impressed, and their native common
sense overslaughtered by considera
tion of technicalites in the Code
But to the credit of these conscien
tious but mistaken conservators Of the
public veal, it must be said that tht
taxpayers were poor, money scarce
and county orders worth only fort,
cents on the dollar. In The light o
these considerations we ought not
perhaps be surprised at the grave
consultations held over the question
of the secure keeping Of the prisoner
or finally the parsimonions sppropria
tons made for that purpose. The
total tax levy of the county at tina,
time would only amount TO fifteen
hundred dollars, and with q public
debt of some three thousand dollars
to provide for, the Commissioners
naturally thought themselves in very
Strengthened circumstances and were
afraid that the necessary expense Of
the impending trial would overwhelm
them in pecuniary embarrassments
The decided that the extent Of pay
to guards that could be allowed was
one dollar per day, n county orders)
and that the number should be limit.
ed to two. Besides this the Statutes
made no provision for renting place
in which to keep the prisoner, and the
Sheriff had to do this at his own ex-
pense. The people generally felt in.
dignant at the result of the delibera.
tions of the Commissioners, but at
tributed their action to want oi
knowledge of their duty rather than
any carelessness or intention to thwart
the course Of justice.


This action of the authorities being
deemed unsatisfactory, and the peo-
pie feeling that something more was
due to the vindication of justice, held
q public meeting, at which they vol
unteered TO act rs guards and defray
the necessary expense of the plosecu.
tion. There was an evident determi.
nation on the part of the citizens that
Croft should be forthcoming on the
day of trial. Notwithstanding the
had made threats intend
ed to deter the people from acting as
guards, they held heroically to their
purpose and on the day fixed for trial
Croft was brought into court.


Great interest was felt in this trial,
not only in Jackson county but
throughout the surrounding country.
AT Galena, the former home of Davis,
the people were considerably excited,
and felt that the murderer ought to
pay the penalty of his crime with his
life. Being in that city about week
previous to the trial, ! visited the
store Of Captain Gear, where the sub
ject Of the murder was discussed.
During the conversation | explained
in view of what was supposed would
be the result Of the Judicial investiga-
tion, that although Sheriff, had new
er as yet, hanged man, and was
doubtful about my ability to dis
charge the duty of my office in tina.
Upol this Capt. Gear ex,
planned the modus operandi of execu-
lion, at the same time presenting me
with rope, in which was formed the
regular "hangman's knot" This, as
the result proved had no occasion
for in the Croft case, but it was finally
used to hang the first man that ever
paid the legal penalty for crime in
Iowa.


At the time fixed for the special
term of court for the trial, the regular
pannel Of the jury we're on hand.
The prisoner was arraigned and
pleaded not guilty. Strenuous efforts
were made by his attorney, Mr.
Reeves, to quash the indictment
which the court oyetyulea. Much
difficulty was experienced in select
ing a jury, as there were but few
men in the county but who had heard
Of the homicide and either formed OF
expressed an opinion on it, and at the
end Of the third day but three men
had been chosen, and officers were
still "raiding" the precincts looking
for "intelligent iurymen.' On the
fourth day the pannel was still in.
complete, and Reeves arose and ad'
dressed the court stating that there
were more than fifty men in the
room, in attendance every day, not
one of whom had been called to &C,
as jurors, and intimating that the
Sheriff was trying to pack the panne
against his client. Thus challenged
l reluctantly arose and explained t.
the court that ] knew all, or nearly
all of the persons present, and hae
heard them express opinions which
though. disqualified them from sitting
in the case, at the same time re
questing to be released from furthe
duty in this connection. The court
in accordance with this request, ap
pointed special deputy who wa
unobjectionable to the counsel, MI
John Forbes, and considered, sup
pose, by Judge Wilson to be an hon
est and impartial man. Mr.. Forbes
after being sworn, commenced select
ing jurors from the bystanders, VIII


were sworn in the usual form to an
swer questions, and in less than hal
an hoar the jury was lmpanneled. /


the box were Charles Stowell an


Thomas Marshall, who had been re


peatedly heard to express opinions a


to the guilt Of Croft, and both bein


men of intelligence and influence,


was thought that the prisoner wa


sure Of having justice meted out I


him through their influence upon tn


rest Of the jurymen. Prosecutin


Attorney Berry too was satis6e
with this arrangement, and felt COZ
6dent Of gaining = verdict for th
State. HT


On the part Of the State the test