Anamosa - A Reminiscence 1838 - 1988
The definitive history of the community of Anamosa, Iowa, USA
The definitive history of the community of Anamosa, Iowa, USA
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Hine's pasture. Foreman had been working on the road<br />
that adjoined the pasture, not more than thirty or forty<br />
rods from Johnson.<br />
Prior to this, an Anti-Horse Thief Association, whose<br />
object was to bring thieves and law violators to justice,<br />
had been formed. At a meeting, the members voted to<br />
institute proceedings for prosecution for larceny<br />
against Robert Johnson. A committee was appointed to<br />
collect evidence against Johnson and bring the case to<br />
the District Attorney. Contributions were collected to<br />
aid the prosecution. In obedience to the directions<br />
given by the association, E.V. Miller and another<br />
member laid the case before the District Attorney and<br />
made statements to him of what they claimed were the<br />
facts of transaction. The case was then brought to the<br />
grand jury and an indictment for larceny was returned.<br />
Hearing that Foreman's calves were light colored,<br />
Johnson and his brother went to see Potter. Potter<br />
pointed out the four Foreman calves. These were light<br />
colored calves. it was then that Johnson realized he<br />
had not handled Foreman's calves. Potter still insisted<br />
these were the calves Johnson sold him. Johnson<br />
refused to pay the note because of his innocence.<br />
Johnson then started a civil suit that eventally cost<br />
him $1400.<br />
Johnson retained Col. I.M. Preston, along with<br />
Wheeler, for the larcency charge. it was fairly common<br />
knowledge that there would be a motion to quash the<br />
indictment because of an error in drawing and<br />
impaneling the grand jury. While pending, Johnson's<br />
barn was burned. Apparently Col. Preston had had<br />
misgivings about Johnson's innocence because he<br />
directed Wheeler to advise him to jump his bond and<br />
leave the country. Johnson angrily replied to Wheeler,<br />
“Boy, I never stole the Foreman calves, and by God. I<br />
will go the penitentiary off my door stop, before I will<br />
ever jump my bond". Shortly before the case was<br />
convened in court, Johnson found a rope with a letter<br />
near his home. It read, ‘In view of the present<br />
indictment, we understand that you calculate to have<br />
the indictment set aside. We advise you to appear and<br />
be tried under the indictment with the defect. if any<br />
exists. or take the lamented Greeley's advice and go<br />
west or take this — We the Committee.‘<br />
The case was transferred to Cedar County which<br />
resulted in a hung jury eleven to one in favor of<br />
acquittal. There was a retrial and Johnson was<br />
acquitted. This was not enough for Robert Johnson<br />
who wanted to ‘get his character back‘.<br />
The third and longest part of the Jones County Calf<br />
Case, began on May 23. 1878. This was an action for<br />
malicious prosecution and $10,000 damages against<br />
E.V. Miller. S.D. Potter. and Herman Kellar. and known<br />
as Johnson vs. Miller, et al. There was a change of<br />
venue to Linn County. but before it was tried, it was<br />
changed to Benton County. Lawyers for the plaintiff<br />
were Col. Preston, J .D. Nichols, and C.E. Wheeler, and<br />
the firm of E. Keeler, Tewksberry Gr Traer for the<br />
defendants. No verdict was reached due to a<br />
disagreement among the jury. It was tried again in<br />
Benton County on October 22, 1878. At one of these<br />
trials. John Foreman testified. ‘that this organization<br />
had met these defendants and they had determined to<br />
prosecute, whether anybody told them or not.‘ A<br />
verdict of $3,000 in favor of Johnson was returned by<br />
the jury; but was set aside by Judge Shane on the<br />
grounds it was not warranted by the evidence. The<br />
costs of these trials was about $2,000.<br />
The verdict was appealed and the case was tried in<br />
Clinton county. A verdict of $7,500 was obtained in<br />
favor of Johnson, but was set aside on the grounds that<br />
one of the defendants should not have been included.<br />
The case was next tried in Blackhawk county. The<br />
‘committee's’ letter was admitted as evidence.<br />
Benjamin Yost testified that at the time the indictment<br />
was found. one of the defendants stated ‘that if they<br />
could not get rid of (Johnson) no other way, they would<br />
burn him out.’ John Hines testified that he heard David<br />
Fall, one of the defendants, say at the time at which the<br />
original indictment was found, ‘we will drive him out of<br />
the county.‘ Who Fall included when he said ‘we,' the<br />
witness was unable to state. Another defendant, G.W.<br />
Miller, called as a witness by the plaintiff. testified to<br />
the effect that he was present at a meeting of the Anti-<br />
Horse Thief Association when a vote was taken to<br />
prosecute Johnson for selling Foreman's calves, that<br />
money was voted for that purpose and members were<br />
assessed to raise the money. The verdict was again in<br />
favor ofJohnson.<br />
The defendants appealed to the Iowa supreme court,<br />
where it was heard April 25, 1884. Attorneys were<br />
Horace Boies, Hubbard. Clark & Deacon for the<br />
appellants and Wheeler and Pratt 81 Carr for Johnson.<br />
The court's findings were that the letter was<br />
inadmissable against any of the defendants unless a<br />
conspiracy could be established. The court also found<br />
that the testimony of Hines could not be admitted.<br />
Evidence showed that the defendants contributed<br />
money in dues to the association, which was used in<br />
prosecution. The defendants could not be held<br />
responsible for the actions of the association. Evidence<br />
tended to show probable cause for the defendants to<br />
believe Johnson had taken Foreman's calves. The court<br />
declined to say that evidence might not be the same on<br />
re-trial. The decision was reversed in favor of the<br />
defendants.<br />
The case was retried in Blackhawk county, where an<br />
unidentified witness testified that one of the defendants<br />
spoke of the defendant and the prosecution and said, in<br />
effect, that they would like to do the same thing to<br />
Johnson as they did to Hi Roberts, who had been<br />
lynched by members of an 1850's anti-horse thief<br />
association. Johnson again won the verdict. The<br />
defendants then appealed to the high court which<br />
heard the case October 15, 1886. The verdict was<br />
reversed in favor of the defendants.<br />
The case was retried in Blackhawk for the third time.<br />
The jury was directed to find in favor of one of the<br />
defendants, Herman Kellar. whose connection with the<br />
association was not proven. The verdict returned was<br />
also in favor of Johnson, who was awarded $1,000.<br />
Miller and the other defendants appealed again to the<br />
supreme court. This case was heard January 27, 1891.<br />
Upon review of special findings, the court upheld the<br />
verdict of $ I .000 in favor ofJohnson.<br />
In 1894, and for the last time, the case was heard in<br />
the Iowa supreme court. Keilar died in 1891. and the<br />
remaining six defendants wanted to pay only sixsevenths<br />
of the $2,886 costs for which they were liable.<br />
The judgment of the lower court stood and the case that<br />
started twenty years before and was tried to 114 jurors<br />
in four counties, with court costs amounting to<br />
$30,000, was at an end.<br />
All those involved with the case were prominent men<br />
when the case was begun, but all had been bankrupted<br />
by the proceedings. Public opinion had not been with<br />
Johnson as he tried to clear his name. No one could say<br />
Robert Johnson did not have his character back.<br />
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