The Fort Dodge Messenger: May 15, 1905

Newberry is Fined $25 and Costs

The Case is Carried Up and Will Be Tried in the District Court

A Motion for Dismissal

A Motion for Dismissal, Which Was Made by the Defendant Was Over Ruled and This Resulted in Appeal Court Room Jammed.

W.F. Newberry, in police court was this morning fined $25 and costs on the charge of assaulting an officer. The case was, however, appealed to the district court and the defendant placed under bond to appear at the nest term.

The assault which formed the foundation of the case occurred Saturday morning when the defendant assaulted Charles Braden, dog marshal, while Braden was engaged in catching one of his (Newberry’s) dogs. The trial of the case covered a considerable part of the forenoon and was listened to with great interest by a crowd that packed the city hall to the doors.

There were a number of witnesses examined on both sides of the case and all of them agreed that there was a scuffle between the defendant and the prosecuting witness, stating the fact that the defendant struck the plaintiff from two to three times.

The defense made no denial of the fact that the assault had been made, but took the grounds that the mayor under the existing ordinance, had no right to appoint a dog catcher to catch dogs at this time; the ordinace (sic), according to the defense states that the dog tax is payable on or before June 1, 1905. Under this clause the motion alleges that there could legally be no dog catcher appointed, and that such dog catcher had no official duties to perform under the law until that time – June 1.

The motion also took the stand that under the circumstances the dog catcher had no right to touch the dog; that in consideration of this fact, the dog catcher, in taking the animals was in the position of a thief taking the property that did not belong to him; that the defendant in protecting his property used no more force than was necessary to prevent the dog catcher from taking the dog.

This motion was overruled by his honor, and the sentence pronounced placing the above fine and the costs of the case on the defendant.

The story of the prosecuting witness was to the effect that the dog was out in front of the Duncombe House at the time the trouble occurred. He, the dog catcher, started for the animal, when Newberry warned him: “If you touch that dog, I’ll break every bone in your body?”

In spite of the warning Braden reached for the animal with his snare, and this was what precipitated the trouble. Newberry, according to the testimony at this point ran in and struck the dog catcher three times. Braden also alleges that the defendant tore off his star and took his snare away from him. The dog catcher then telephone to the city hall and the action was begun.

Newberry’s story of the occurrence was about the same in a general way with the exception that he denied hitting Braden, stating that he merely shoved him.

According to other witnesses, the dog “Trixy” had been brought out of the barn to kill some rats that had been caught in the Duncombe house. She had finished the job and was lingering about the place when the dog catcher appeared and attempted to catch her.

During the taking of the testimony the facts of the crippled condition of the dog catcher and the great strength of the defendant were brough (sic) prominently to the front, and Frank Farrell, the attorney for the prosecution in his closing plea, created a mild sensation in the court room by denouncing the defendant as a coward.

(Editor’s note: The original article is here: The Dog Marshal’s Life is Strenuous. I believe there was a hotel called Duncombe House.)

Northwest Chronicle: May 14, 1890

May Be The Kingpin

H.A.Morgan Cobbled at Badger Friday Evening – Caught in the Act.

He Admitted the Theft and Returned the Money, but was Held – He is Thought to be at the Head of the Gang –  Interesting Developments.

The coils are tightening and the gang of burglars which has been operating in this vicinity is in a fair way to be broken up. Last Friday about five o’clock, during the temporary absence of Otto Otttoson, his office at Badger was entered by a strange man, who had been hanging around that little town all day. Tom Chantland passed by and saw him at the desk, and suspecting that something was up, stopped to watch  him. He came out at once, and accosting Mr. Chantland, asked him where he could get a team to take him out to a certain Hanson’s place. Mr. Chantland directed him but said he did not know any person of that name.

The man then started off in an opposite direction and Mr. Chantland seeing Ottoson across the street called him over and explained his suspicions. By a hasty examination of the money drawer they discovered the loss of $5 which it had contained and started in pursuit of the thief.

They followed him up the street and finally called to him but he hastily dodged behind a building. The pursuers ran forward but met him at the corner returning. He admitted his guilt but said he had hidden the money when asked to give it up. After a little persuasion he returned with them to the building behind which he had dodged, and produced from a corner five silver dollars.

When asked why he had taken the money he said “What would you do if you were out here without a cent in your pocket.” It was suggested that there were plenty of farmers who needed men and he might have got work. He replied angrily “Do you think I’m such a blank fool as to work on a farm.”

He was then turned over to Constable Myer, who brought him to this city and locked him up Saturday. At nine o’clock he appeared in Judge Hyatt’s court and acknowledging to the name of H.A. Morgan, after hearing the arraignment, decided to waive examination. He said he did not want a lawyer and could not furnish $1,000 bonds. He was accordingly remanded to jail where he will have to remain if the bond is not forthcoming, until the grand jury meets next September.

In the grip left in Furlong’s store on last Sunday morning was a time table on which it was written “Due $20.00 to H.A. Morgan” and as he answered to the discription (sic) of the man who sold Dalby the watch it is believed that he is the ring-leader of the gang. Nothing of interest was found on his person, except a small short punch or “jimmy,” but several people saw him carrying a small black satchel which could not be found when he was arrested.

Another suspicious character was seen in the vicinity, but had no communication with the prisoner after his arrest. It is believed that he was an accomplice, and after the satchel, and he will be apprehended if possible. A thorough search was instituted this morning and the satchel will be found if possible. From the self possessed way in which Morgan waved (sic) examination, it is argued that he has been there before.

Sheriff Adams has put in the whole week hard at work in this matter, and it looks n ow as though things were coming his way. The gang is evidently quite numerous and well organized, but the end is not yet.

Northwest Chronicle: May 14, 1890

Got a Pair

Sheriff Adams Nails the Check Forgers and Has Them Under Arrest at Atlantic City.

Sheriff Adams has just added another to the long list of notches that he has to his credit for the capture of thieves, criminals, etc. Two months ago a stranger came to this city and perpetrated a number of successful forgeries and attempted to secure the cash for a check on the First National, to which the name of P. Butler was forged, and shortly after this he perpetrated a series of small forgeries on several merchants about the city, using the name s of L.E. Chapin and Fred Frost on the checks.

At the time he was successful in making his escape, but from the day after the forgeries Sheriff Adams has been endeavoring to place the man under arrest, and had had him located at Marshalltown, Boone, Des Moines and Carroll, and then again at Atlantic, and here he lost track of the man, who was masquerading under the name of Burke, but he furnished the sheriff of Cass county with a description of the man, and the result was that Monday he received a telegram from Atlantic stating that the man had been arrested there, and although they had tried the forged check racket in Atlantic, Sheriff Adams had been successful in getting his warrant served first, and they would be held for him.

Sheriff Adams departed for Atlantic Monday evening and will return with the man Burke and a confederate who was arrested with him, for identity by their victims here. Sheriff Adams has no doubt but that the identity will be complete and satisfactory that that the check forgers who have robbed northwestern Iowa of hundreds of dollars, will be given a long sentence and an opportunity to repent.

Northwest Chronicle: May 14, 1890

Chicken Pot-Pie

Two Unknown Thieves Will Fare Well at Wm. Shaeffer’s Expense – They Snag the Contents of His Hen House.

Wm. Schaeffer who lives on Richard street counts thirty chickens less in his coop now than roosted there last week. About one o’clock Friday morning Mr. Schaeffer was awakened by the violent barking of his watch dog and hastily attiring himself he stepped into the yard.

His eyes rested upon two men who were making rapid tracks from his hennery. He and the dog at once pursued them, but the thieves shortly eluded them and Mr. Schaeffer returned home, picking up a half a dozen dead chickens on the way. Each was bleeding about the head and an investigation showed that the thieves had employed a cunning scheme to affect the robbery. They approached the roost and seizing a chicken by the neck would drive the blade of a penknife through the head. The dead chicken was then tossed into this bag.

Out of three dozen hens Mr. Schaeffer had six live ones and the half dozen dead ones left by the thieves. The success in this case will doubtless spur the perpetrators to further effort and the public is advised to look after its heneries (sic).

The Fort Dodge Messenger: May 13, 1905

The Dog Marshal’s Life is Strenuous

Is Assaulted and Battered by Dog Owner and Loses Snare, Star and Dignity

W.F. Newberry Up in Court

Alleges That Newberry Attacked Him While He was Engaged in His Official Duties, Struck Him Twice, Took His Star and Snare Away

Uneasy lies the head that wears the crown. So thinks the dog catcher, who this morning filed information against W.F. Newberry, charging him with assault and interference with an official in the discharge of his duties. The case came up in police court this morning, but on the petition of the attorney for the defense, it was continued till Monday morning at 9 o’clock.

According to the allegations of the plaintiff who came into the police station this morning bruised, badgeless and minus his snare, the case is this:

On Friday he succeeded in capturing seven or eight dogs, which he had placed in the dog pound to await their redemption. Two dogs belonging to W.F. Newberry were among the number. This morning when the dog marshal went to look after his charges he found a board kicked off the pound and all of the animals gone. He at once went down to the vicinity of the Newberry stables and got after after the two escaped animals belonging there. He had succeeded in capturing one of them and was in the act of taking him to the pound when according to his allegations, Newberry ran up behind him and swung around, hitting him twice in the face. Newberry then tore off the official star and threw it away, and taking the marshal’s snare away from him, kicked him in the fear, with the admonition to make himself scarce about that place, said admonition being coached in no very choice language. The official dignity of the officer was badly shattered and his feelings hurt as well as his physical man somewhat bruised in the encounter.

After the continuance of the case, the dog marshal was redecorated and is out again and after them. The business of dog catcher is strenuous in Fort Dodge, but the present incumbent of the position is a stayer and means to hang out until every live dog in the city wears a breast pin of the proper brand. He however has much sympathy with Emperor Nicholas.

(Editor’s note: The disposition of the trial is here: Newberry is Fined $25 and Costs.)

The Fort Dodge Messenger: May 3, 1905

The Applicants Get a Job

Vags in Police Court Get Five Days on the Street.

Were Looking For Work But Were Disappointed in Finding It.

There were two applicants to report at the recruiting station for the street gang this morning, and both of them were successful in securing a job. In fact, his honor insisted in employing them when they would have demurred. They were looking for work all right when they struck the town but didn’t want to find it, and when the mayor thrust it at them there were much cast down.

The two fellows in question hailed from Minneapolis. They had shipped from there to Denver to work at railway construction but their hearts failed them at the sight of a shovel and they started back, landing here Tuesday.

Tuesday afternoon they came into the east end of the city and began to look about for a way to supply the inner man. They approached a lady and asked for something to eat, offering to spade up her garden as pay for the favor. They got their supper and started to work, but he task proved too arduous, and they kidnapped each other.

As soon as they were missed from the garden spot, the lady telephoned to the police and the patrol soon located them.

This morning in police court they attempted to show that the charge of vagrancy was not good in their case but his honor failed to see it that way and gave them each fine and costs to the amount of $14.85 which means five days on the streets. They were at once put to work with the other two. There is now a force of four street cleaners at work under the eye of the special police officer.

The Fort Dodge Messenger: April 29, 1904

And Now They Are Both in the Toils

Harry Himmellman and Sam Beisell “Get Even” With Each Other.

Now Both Are Under Arrest

And Must Answer to the Federal Jury on Charge of “Bootlegging.”

As the result of a case of “getting even,” Harry Himmellman of Radcliffe, Iowa,  must answer to the federal grand jury on the charge of selling intoxicating liquor contrary to the revenue laws. Himmellman testified against Sam Beisell of LaPorte, when Beisell was taken before a United States commissioner for alleged “bootlegging,” and in a spirit of revenge Beisell turned around and swore out information against Himmellman, charging him with disposing of intoxicants without first paying Uncle Sam his due and at the same time endeavoring to employ the charge against the other to clear himself. As a result both are being held over to the grand jury on the same charge.

Last October Beisell it is alleged made a practice of selling beer while conducting a restaurant at Radcliffe. He later moved to LaPorte, a small town near Waterloo, and was arrested there some time after his arrival. At his hearing Himmellman, who had been in his employ in the restaurant at Radcliffe, testified against him. When it had been apparently proven that liquor had been sold in his place of business, Beisell in turn attempted to shoulder the blame upon Himmellman, claiming that if the latter sold beer in the restaurant it was without his knowledge. He was bound over to the grand jury.

When Beisell had been disposed of the authorities began to pick up evidence against Himmellman and a few days ago his arrest was decided on. Wednesday Deputy United States Marshal G.F. Gustafson was to go down to Radcliffe to place Himmellman under arrest, but the trip was made unnecessary. While walking along the street Tuesday afternoon thinking of his contemplated trip for the next day Marshall (sic) Gustafson felt a hand on his arm and turning gazed in the face of Himmellman, whose arrest he was to make the next day. The unexpected meeting was something of a surprise, but when Himmellman “braced” the marshal for a dollar the officer nearly lost his feet.

“You want a dollar do you?” he said as soon as he recovered his breath. “I guess you won’t need a dollar for a few days. You’d better come along with me.”

“Well I’ll be d——, I’m telling the truth when I say I’m sorry I met you,” was all Himmellman could say and then he and the marshal marched up to the city jail where the Radcliffe man spent his time until this afternoon when he was given a hearing before Captain W.H. Johnston. He was bound over to the grand jury and being unable to furnish bones was taken to Cedar Rapids where he will remain in jail until his case is disposed of.

The Fort Dodge Messenger: April 28, 1905

Drink Habit Was Too Strong

Luke O’Brien Has Gotten in The Toils Again.

He is One of the Regular Customers At the Mayor’s Court – Can’t Break Off.

In spite of his terrible oath to get out of the city, Luke O’Brien, alias Happy Hooligan, has again fallen into the toils, and was put to work this morning cleaning up around the fire house. He was out of sight all day Thursday, and it was supposed that he had really departed, but this morning this bug juice receptacle was found in his usual state of coma and given his time honored place in the jail. He will have another ten days on the streets.

There is the same quality about this Happy Hooligan that is so very noticeable in the caricature character originated by F. Opper. His personality will draw a row of brass buttons to him by irresistible force for more than six blocks and he has become so used to the “come with me,” that he runs to meet the officer when he sees him approaching.

Luke O’Brien is certainly one of the strongest living temperance lectures that ever existed. Once a strong man with at least a fair amount of intellect, he is now a tottering wreck both physically and mentally and there is positively no show for him but a lonely death – possibly in a cell at night – and a grave in the potters field.

When he left the city hall Thursday morning he had every intention of getting out of Fort Dodge for good and all. He went down the steps and out onto the street full of this determination, but he was so shattered that he positively had to have just one drink to straigten (sic) him up so he could get started. The one drink was not enough, and he soon had forgotten everything in his burning thirst. He kept drinking all day and this morning woke to find his resolution unfulfilled and himself in the same old place behind the bars of the city jail.

The case of Luke O’Brien is certainly a most pitiable one.

The Fort Dodge Messenger: April 27, 1904

Signs of Approaching Summer

Police Make a Raid On a Camp in Duncombe’s Woods on Tuesday Afternoon and Arrest Five.

The police paid a visit to the Duncombe’s woods Tuesday afternoon and although they did not find the first flowers of spring they found what they were looking for – the first hobo camp of the year. In the past the Wearies seem to have been drawn to these woods as if by an irresistible force and despite indications to the contrary now that they have again begun to frequent their favorite abode summer must be near at hand.

The hoboes (sic) were housecleaning, or as near as they ever come to it, when the police made their unceremonious visit. Coats, trousers, shirts, socks and other wearing apparel that had seen a winter’s wear, in some cases probably without a single change, were hung out to “air” on an improvised clothes line stretched from the limbs of nearby trees.

Only two of the knights were “at home.” They were in the act of building a fire and as there was nothing in sight that they could possibly cook, the conclusion was drawn that the rest of the gang was out foraging. This conclusion proved to be true.

The two found at the camp gave their names as Robert Anderson and Alva  Bruney. They were given an hour to get out of town and they took the chance. A second visit was made to the camp a few hours later and the remainder of the party, three in number, were transported to the city bastile. They gave the names of William Gundy, Gus Turner and Erick Johnson. They were arraigned in police court this morning and like their companions given an hour to shake the dust of Fort Dodge from their shoes.

Two drunks completed the line-up in police court this morning. They were Joe Bockert and Arthur Simpson. Both pleaded guilty and were fined $1 and costs.