I have no explanation for the discrepancies in this little tale, reported upon in Chariton newspapers during June of 1896, commencing in The Herald of June 18 when it was duly recorded that, "The city marshal, David Hixson, and Constable J.W. Boylan arrested Joe Stoneking, David Darrah (left) and Clint Kelsey last Sunday on a complaint of Mrs. Morford that they had killed her turkeys. They were arraigned before Justice Long, charged with malicious mischief, and released on bail to stand trial on the 22nd of this month. They say they will fight the charge as hard as they can."
Mrs. Morford would have been Sarah Morford, whose husband, John, had died during 1889. All four were neighbors in the Coal Glen Church and Cemetery neighborhood of northeast Lucas County's Pleasant Township. Stoneking Cemetery is in the same general neighborhood, crowning a hilltop to the south. The Cedar Creek valley separates these two landmarks (Coal Glen Church has long since been demolished).
By the time the case came to trial, however, it appears that Mrs. Morford's turkeys had been identified as wild --- and somehow the charge had shifted from malicious mischief to breaking the Sabbath, a matter of considerable concern to many more than a century ago.
Here's the report on that trial as published in The Chariton Patriot of June 25:
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The case of the State of Iowa vs. Joe Stoneking, David Darrah and Clint Kelsey was tried before Esq. Long on Monday. The charge was Sabbath breaking. A jury of six was empaneled to well and truly try the case and render such verdict thereon as the evidence would justify.
Based upon an information made by one John Hulgan, the machinery of the law was put into motion to determine whether or not the said defendants were guilty of the offense charged. There were some 13 or 14 witnesses and the parties were all from Pleasant township.
The court, having some knowledge of the moral bailiwick from which the parties came, fully impressed with the gravity of the case, was doubtless surprised and grieved that such things as shooting turkeys, wild or otherwise, on Sunday should happen in the good old township of Pleasant.
The evidence disclosed the fact that David Darrah did shoot some meddlesome and inquisitive turkeys, which he alleged were feloniously scratching up his recently planted corn and swallowing the same right in his presence. It was a little more than the Darrah order of human nature could stand. He blazed away with intent to kill --- turkeys of course --- and with culpable indifference as to the day. He probably forgot it was Sunday. Such lapses of memory are not infrequent, we are told, when out looking for wild turkeys.
Darrah admitted the shooting, other witnesses testified that Darrah was telling the truth. The evidence also disclosed that Stoneking and Kelsey did not fire a shot. They were simply "along." Armed of course, for what prudent Pleasant township man or boy would be without a gun when likely to be attacked and bitten by wild turkeys in the rugged and wooded hills over there? They were simply acting as a reserve, very probably, in case the turkeys were likely to get the best of Mr. Darrah.
This was the evidence, condensed because there were 13 or 14 indignant citizens present to tell the same story. It was carefully collated and entrusted to the tender mercies of the jury of six. They first ran Mr. Darrah through the mill, and as he had admitted his guilt and several others had vehemently sworn there could be no doubt of it, the jury very wisely acquitted him, but convicted Stoneking and Kelsey of the offense charged, though they had solemnly affirmed they just only "stood by" and never fired a shot.
Possibly the intelligent jury was fully convinced that two stalwart men with loaded guns in their hands who would stand idly by and not come to the rescue of a neighbor when he was about to be overcome by a lot of marauding turkeys out to be convicted on general principles.
This was too much for the astute attorney for the defense. He applied a branch of parliamentary law to untie this ugly knot of criminal jurisprudence by which his clients were bound. He moved a reconsideration of the verdict. His honor sent the jury back to reconsider. They sat on the case long enough to incubate a new verdict of triumphant acquittal for all three of the prisoners. This was all on the grounds that it was a clear case of self defense and very proper as showing the beauties of this mid-summer administration of justice. "All's well that ends well."
The court foots the bill, amounting in this case to $50 or $60. The realization of this pleasant fact will be as cooling as a summer drink to the average farmer who is helping to keep this kind of a show running with his taxes.
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There were no followups, but all of the parties involved survived the confrontation by many years. Mrs. Morford now is at rest in the Coal Glen Cemetery; Joe Stoneking and Dave Darrah, in the Stoneking Cemetery. Clinton Kelsey is buried in the Ottumwa Cemetery.
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