Saturday, June 16, 2018

Murder, horse-thievery, Hopeville and Chariton ...

Lucas County's log courthouse.

Chariton's town square was a hot and dusty, rough-and-tumble kind of place back in the late summer of 1859. The city's first brick building of any size --- the new courthouse --- was rising in the middle of today's pretty park, but the old log courthouse just south of the east-side alley remained the seat of justice. There were no trees to speak of. The buildings around the perimeter of the square were a mix of log and frame; the rambling Hatcher House hotel, built in 1853 on the southwest corner, the largest.

Honest John Edwards had established Lucas County's first newspaper, The Patriot, two years earlier.

And public entertainment was in short supply. So when Clarke County authorities decided to park Joseph Jacobs, a 37-year old farmer accused initially of horse thievery and then of murder, in the Lucas County Jail --- all eyes turned to the courthouse and Honest John worked late into the night hand-setting extensive reports of court proceedings that commenced in May and continued into the fall.

Sadly, no copies of those early editions of The Patriot survive. Fortunately, down the road in Monroe County, the editor of the Albia Weekly Republican was reading his exchange copies of The Patriot and as the cases against Jacobs grew more interesting, summarizing Edwards' reports for his readers. So much of what appears here this morning was lifted from The Republicans of August 25 and September 15.

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It's not clear why Jacobs was being held in Chariton in the first place, since the dastardly deeds he was accused of had occurred in the vicinity of Hopeville --- a small village built around an aspirational town square some distance southwest of Osceola. Hopeville is a ghost town now, but the square survives as a county park and is the site of a widely known annual "rural music reunion."



But Hopeville was a tough little town and reputedly the headquarters for a gang of well organized horse thieves. So it may have been simply that Clarke County officials felt that their prisoner would be more secure in Chariton.

Whatever the circumstances, the initial Albia Republican report, published on August 25, does a good job of outlining the circumstances that had led to Jacobs' imprisonment:

MURDER OF DR. LUCAS

From the Chariton Patriot we learn the particulars of the murder of Dr. Wm. B. Lucas, of Hopeville in Clarke County, by Joseph Jacobs, near the residence of said Jacobs 2-1/2 miles from Hopeville, on the evening of the 9th inst. The circumstances connected with this murder, and leading to it, we condense from a more detailed relation of the particulars in the Patriot.

It appears that Jacobs was indicted by the grand jury of Clarke county at the term of court held last April on a charge of horse stealing, and was subsequently arrested and for want of bail was lodged in the jail in Lucas County.

The daughter of Jacobs was induced to make disclosures tending to implicate Dr. Lucas and a large number of other persons, and these disclosures so far as related to Dr. Lucas were confirmed by Jacobs' statements while in prison, and Jacobs was promised that if he would testify or procure testimony that would be sufficient to convict Lucas and others, supposed ring leaders in horse stealing, bail should be procured for his release from present confinement and influences would be brought to bear that would mitigate his future punishment.

Jacobs, therefore, filed an information before Esq. Starbucks against Lucas and others, upon which Lucas was arrested and held to bail. Jacobs was then arrested on a charge of perjury and was to have had his examination on the 9th of August, at which time Dr. Lucas was at Osceola. On the road home, the afternoon of that day, Dr. Lucas met persons who told him that the prosecuting witness had failed to appear and that the case had been dismissed. He also got into an altercation, being under the influence of liquor, and was taunted with being a horse thief.

This appeared to fret him satanic with rage and he declared that Jacobs should die, that he would shoot him and then shoot himself, that Jacobs had disgraced him and he could not live under it. In this frame of mind he proceeded as far as the residence of Mr. John Shields near Jacobs. There he stopped and again declared his intention to kill Jacobs. He had a Colts five-shooter which he handled in a menacing and frantic manner.

Mr. Shields succeeded by persuasions, &c., in detaining him about one hour, but could not prevail upon him to relinquish his purpose. Meanwhile two young men (William Clevenger and Abram Coon) had gone across the fields to notify Jacobs of the threats which Lucas was making.

The found Jacobs at home, who upon hearing the news exclaimed, "My God! What shall I do?" and requested them to come in and stay all night. This they declined and returned to Shields.

Lucas meantime had proceeded as far as the house of Mr. Abram Smith, situated on Jacobs' farm, accompanied by Mr. Shields, who still hoped to be able to induce him to desist from his purpose. Here he again declared to Smith his intentions toward Jacobs, and soon started across the field for Jacobs house. Smith went into his house, drew on his boots, and he and Shields followed, expecting, as they say, to overtake him and forcibly detain him; and when within about 75 yards of Jacobs' house they heard the report of fire arms, and the fearful deed was accomplished.

Jacobs says that upon being notified as before stated, he took a rifle already loaded, ran down two additional balls, locked all his doors, and stationed himself at the northwest window of the upper story, with his gun resting upon the window sill and waited the doctor's approach. That he saw him when he emerged from the corn field, some 150 yards from the house, that he came walking very fast, that the moon shone bright and full upon him.

That his white shirt bosom shone very plain between the lapels of his dark vest, that it was a pretty mark to shoot at, that he waited till the doctor crossed the fence and when within about fifteen feet of the house, took as cool and deliberate aim as if he had been shooting a prairie chicken and fired.

The Dr. fell instantly exclaiming, "Oh Jacobs! My God!" and died without a struggle.

It appeared upon examination, that the three balls had entered at the same place, passed through his heart and two of them entirely through his body. As Lucas fell, the pistol which he held in his hand was discharged, the ball penetrating the earth to the depth of six inches. Jacobs gave himself up to the authorities, and was brought up for examination on the 11th, when, after a patient and thorough investigation he was fully committed.

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The Republican's next --- and final --- report on the case was published on September 15, as follows:

HOMICIDE

A writ of habeas corpus was issued out in the case of Joseph Jacobs, confined in the jail at Chariton, for the murder of Dr. Lucas, and the case was brought before his Honor, John S. Townsend, one day last week during a called session of the court at this place. Messrs. Perry, Dashiell and Baker for Jacobs, and Kelsey & Kelsey and Clark for the State.

It will be recollected that Jacobs on the 10th of August shot Dr. Lucas of Hopeville, in Clarke County. This action was brought to ascertain whether the evidence before the common magistrate was sufficient to hold the defendant --- Jacobs --- to arrest.

The evidence is briefly that on the night of the 10th of August, the deceased --- Dr. L. --- went to a neighbor of Jacobs and told him he designed killing Jacobs that night; this neighbor sent word to Jacobs to inform him of the fact, which word was communicated to him --- Jacobs --- by Messrs. Clevenger and Coon. Jacobs fastened all his doors, went upstairs, stationed himself at a window. Prior to stationing himself at the window he put two additional balls down his rifle, which had been previously loaded. 

Jacobs saw Dr. L. approaching the house when about 160 yards distant. When the Dr. crossed over the fence two dogs attacked him at which time he said "D--n him, I will shoot him." Dr. L. approached as if intending to enter the porch, and when he was 13 feet from the house Jacobs shot him through the heart. Directly after Jacobs' gun was discharged, Dr. L's pistol was discharged, which he was holding in his hand. The bullet out of the pistol entered the ground about 8 inches from the head of Dr. L. and his face was powder burned, showing that the pistol was not discharged till he fell. Jacobs afterwards stated that he took as deliberate aim as he ever did in shooting a prairie chicken and that he was unembarrassed. He also stated that Dr. L did not see him and could not have killed him till he had broken into the house and come up the stairs, which was all in one room.

The counsel who argued the cause for the state took the position that Jacobs was not acting in self-defense and that if he was justified in killing Dr. L, he would have been justified in doing so at any time after he made the threats. The counsel for the defendant, Jacobs --- took the position that Jacobs was acting in self defense.

The court remanded Jacobs to the Lucas County Jail and refused to admit him to bail.

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There seem to be no reports to tell us what happened next, although court documents may be buried somewhere in a dusty courthouse vault.

However, when the 1860 federal census was taken, Joseph Jacobs was enumerated as a convict at the State Penitentiary in Fort Madison, age 39, a farmer by trade, serving time for manslaughter. His family had by that time vanished from Clarke County.

The mortality schedule attached to the 1860 census also records the death of Dr. Lucas, noting that he was 45 years old, married, a native of Pennsylvania, a physician by trade and had perished during August of 1859 from a "shot." A footnote reads, "Intentionally killed by a gunshot from the hands of Joseph Jacobs."

When WPA workers transcribed the inscriptions on Clarke County tombstones during the 1930s, they found Dr. Lucas's stone in what was known as the North Hopeville Cemetery. It has since vanished.

It would appear that at least some of his family remained in the Hopeville vicinity.

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Joseph Jacobs' outcome is less clear. He apparently was released from prison later on during the 1860s, but some suggest that he was arrested and charged again with horse thievery during 1867 in Wayne County and returned to the penitentiary.

And sure enough, the 1870 federal census taker did indeed find Joseph Jacobs, now age 49, cooling his heels in the penitentiary at Fort Madison. This time, however, the offense that landed him there was not reported.







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