This is the third of four posts related to the murder of Joseph H. Buchanan, a somewhat reclusive gentleman of middle age whose battered remains were discovered during mid-October, 1901, in his cabin in an area of northeast Lucas County's Pleasant Township called by some "Death Valley."
When Owen Whitlatch discovered Buchanan's body on the morning of Oct. 5, 1901, it was clearly evident that his head had been bashed in with an axe and that he had been dead several days. That part of the story is told here. Within days, Owen's brother --- Lee Whitlatch --- had been arrested and charged, but little more than circumstantial evidence turned up so Lee eventually was released, then returned to prison in Fort Madison to complete a three-year sentence for thievery. He had been on parole when Buchanan was murdered. This part of the story is here.
The map depicts the Death Valley neighborhood and the approximate location of the Buchanan cabin, in relation to the lone grave of my Great-great-great-grandfather, William Clair, the only man-made landmark in the vicinity then that remains today. The approximate locations of the homes of three families who lived within sight of the Buchanan cabin also are shown.
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Lee Whitlatch, principal suspect in the murder of Joe Buchanan, was released from the Iowa State Penitentiary at Fort Madison on Sunday, Sept. 11, 1902 --- into the arms of the Lucas County sheriff.
He was charged again with murder, returned to jail in Chariton and brought before Justice McCorkle, of Pleasant Township, in the Lucas County Courthouse on Tuesday, Sept. 13. In something of a surprise, his younger brother, Owen, was with him --- charged as a co-conspirator.
Both men were arraigned and ordered held without bond. Their attorneys demanded separate hearings and Lee was indicted by a Lucas County grand jury on Thursday, Sept. 15, and the decision was made to try him first --- commencing on Thursday, Oct. 9.
During the months Lee was in prison, the investigation into Buchanan's death had continued. Pinkerton detectives were employed to work undercover in the Columbia neighborhood where the murder had occurred.
Despite these efforts, the prosecution went into trial during October of 1902 with a case that was entirely circumstantial --- there were no smoking guns. The following report of that trial appeared in The Chariton Herald on Thursday, Oct. 16 --- the day after testimony ended and pleadings began. The verdict would not come until Saturday morning, Oct. 18.
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THE WHITLATCH TRIAL
The Buchanan Murder Case Has Occupied the District Court for a Week
The whole week past has been consumed in the district court on the Lee Whitlatch murder trial, and the end is not yet. 118 witnesses in all were subpoenaed, but not nearly all of them have been used. The testimony was ended yesterday about noon (Wednesday, Oct. 15), and the pleading has been in progress since then. Court will adjourn this week. A short review of the famous murder and trial is as follows:
Sometime during the week previous to Friday, Oct. 11, 1901, Joseph H. Buchanan, a respected citizen of the northeastern part of this county, who lived alone near Columbia, was killed in his cabin by parties at this time unknown, presumably for purpose of robbery. The dead man's body was found on Saturday morning by some of his neighbors and the decomposed state of the body indicated that death had happened several days previous. Coroner Stanton impaneled a jury composed of C.K. Demarice, Mr. Pettyjohn and J.F. Wilson, who returned a verdict that the deceased had come to his death as the result of being struck on the head with an axe by some unknown person or persons, shattering his skull horribly, producing death instantly.
The next day Lee Whitlatch was arrested on suspicion and brought to Chariton and placed in jail until the grand jury could take action in the matter in December. The grand jury failed to find evidence sufficient to indict him and he was released from custody, but was again arrested on the same charge about two months ago. In the mean time the body of Mr. Buchanan was exhumed for re-examination and the skull removed and taken to the coroner's office. Just about the time this court was convened in September, Owen Whitlatch was arrested as an accomplice to the crime and the brothers demanded separate hearings, which were granted and the state elected to try Lee first.
On last Thursday, Lee's case was called and the time until about noon the next day was occupied in obtaining a jury. The following gentlemen are sitting in the jury box: B.A. Becker, G.W. Lykins, Chas. Sylvara, J.H. Childers, Robert Brown, C.F. Swanson, B.J. Bechtel, Leander Gillaspie, Justin Westfall, F.P. Best, T.H. Sullivan and B.J. Mellefont; Joseph Best is bailiff.
The following are some of the witnesses in the case who have been examined and cross-examined in the trial, and no witness has been allowed to hear another's testimony. County Attorney Drake has been assisted by County Attorney Metzer, of Marion county, and W.B. Barger, of this city, while Attorneys Loren Hayes, of Knoxville, and J.A. Penick and E.A. Anderson, of this city, conducted the defense.
Mrs. Cora Hamilton, who kept a restaurant in Columbia at the time of the murder, said Lee Whitlatch had offered her a $20 bill and other large amounts for lunches shortly after the murder. Had also heard him remarking something once about sand-bagging Crowley and old Joe Buchanan.
George May loaned Lee a revolver, and it was returned to him the week after the murder.
Robert Wright missed Joe Buchanan for a few days, and watered his stock for him. Told Owen Whitlatch that Joe might be sick, and they went to his cabin and noticed a peculiar odor. Called Wolf, Askren and Lee, nearby, and they all entered and found Joe's body as described. Noticed no blood marks then.
Coroner Stanton exhibited skull of murdered man.
Ex-sheriff Manning told of how the body appeared in the cabin, covered with quilts except one foot.
Robert Wright, recalled, could not remember why he watered Joe's stock for him.
Albert Askren went into the cabin with the party that found the body. Saw Owen lift the axe, but says he did not turn it over. Noticed that Lee acted acted strangely at the funeral.
C.K. Demarice saw the body in the cabin and noticed papers scattered about. Only one window in the cabin.
J.S. Long saw the body, but did not notice bullet marks in the door till after the inquest.
Clifford Maddy found two bullets above the door sometime after the murder. About 30 or 32 calibre.
Alfred Maddy said about the same, and described hat worn by Buchanan.
Roy Maddy, same.
G.D. Flannigan heard Lee say once that he had been guilty of all crimes imaginable and didn't care a d--n what came next.
Flannigan heard Lee say he expected to be arrested soon for murder of Buchanan, but was innocent, and would rather be hung or shot than go back to the pen.
Kate Cobb, telephone operator, heard Lee call Guy Moon at Columbia on Oct. 9 and ask what had happened there since he left. Heard no more.
J.F. Wilson heard same from other end of the line.
Robt. Crawley said Lee told him he could come nearer finding the murderer than Manning could.
County Atty. Drake said Lee asked for his confidence after his arrest, and said he could prove the murderer if he was released himself and Drake would keep quiet. Drake promised, and he named "Will Osborne" as the murderer, and said two girls had overheard Will's plans and no one but Lee could make them tell. After his first acquittal Lee never came back to talk over the matter.
May Jeffrey said Lee tried to get her to run away with him to Washington after the murder, and showed her gold pieces and said he had lots of money.
Joseph Murr, road supervisor, said Lee gave him $20 to keep for him for a while about Oct. 11. Never had done such a thing before, and never has since.
C.C. McCorkle had often seen Lee and Higbee going toward Buchanan's cabin. Noticed that Lee was nervous at the funeral and seemed to be trying to force himself to be cheerful.
Ex-sheriff Manning told of Lee's attempt to escape from jail. Described slouch had found near cabin with hole in it, looking like bullet hole.
County Atty. Drake said he did not know where the hat was now. Thought he had put it with skull in Coroner's office.
Kate Coffman, Mr. Roberts, Mr. Coffman and Mr. Knight all testified as to Lee's being at a dance with Kate on the evening of October 4. Kate also testified that she was with him on the evening of Oct. 5 and 9.
Mr. Lehigh, miner, said the relations between Lee Whitlatch and Joe Buchanan had always seemed friendly.
Mr. Higbee and Mr. Dawson described the pocketbook usually carried by Joe Buchanan.
Frank Jeffrey was working roads with Lee Whitlatch about Oct. 16, and noticed a lump or wad in the watch pocket of his pants. Asked Lee what it was, and Lee said it was duck bills. The pocketbook fit the pocket tight, and they pulled it out together and it contained $20 gold pieces and bills. Frank said it looked like old Joe Buchanan's pocketbook, and Lee told him if he ever said anything about it he would crack his g-d da--n head. He said he could account for every cent of it. After Lee had been released by the grand jury the first time, he told Frank that the sheriff had not gotten the money when he arrested him because he had given it to his mother. Frank said he did not tell all this at first because he feared Lee, but it was afterward drawn out of him by John McKinney, the Chicago detective who was there in the guise of a coal man.
Mrs. Owen Whitlatch said her husband was at home Friday night, when Lee went to the dance at Wagner's.
Claudie Stotts saw Lee at the dance.
Mrs. Whitlatch, mother of defendant, testified that Lee came home from Wagner's dance Friday night about two o'clock, passed through her room on his way to bed, and did not go out again during the night. She is a light sleeper and would have heard him, even if he had opened a window. He was hard to awaken the next morning.
The next night he called on his girl till nine o'clock, then went home and went to bed and wasn't out of the house all night. Sunday night he also went to bed as usual and wasn't up all night. Monday, Milt Halladay came to help with some brick work and they slept together than night in another room. Tuesday, Lee went to Lovilla and was gone till Thursday noon. Oct. 16 he was working roads and was arrested, came home and changed his clothes, but gave her no money.
Fred Mullen knew that Meeks gave Lee a check for $10 and one for $5. Also knew that he was at Lovilla from Tuesday to Thursday.
Owen Whitlatch, defendant's brother and also indicted for the crime, said he was at Sunday school and church on the Sunday in question.
Was in habit of going to Buchanan's cabin every Saturday, but intended going to Knoxville that Saturday, so didn't see Joe. Didn't see him all week, and on the next Saturday asked Robert Wright about him. Wright thought Joe was at Wagner's but thought maybe he was sick. They went to his cabin together, which result described by others. Owen failed to get mixed up or to contradict himself.
Milton Holladay testified as to building flues with Lee.
Messrs. Gardner and Willis Adams testified as to bad character of Mrs. Mapes, Mrs. DeHolt and Mrs. Hamilton.
Joseph Murr and Mr. Dunham knew Whitlatch boys and had seem them on days in question.
Ed Flannigan admitted having talked to Freeman, supposed to be a detective in the case.
Messrs. Hulgen, Russell, Roy Maddy, C.C. McCorkle, S.B. Wolf and Adams testified that Owen Whitlatch had a bad reputation for veracity. They knew of the $800 reward offered for the conviction of the murderer of Buchanan, and some of them had contributed to it.
Messrs. Milton Holladay, Dr. Cobb, Chas Roberts, F. Crawford, A.P. Phelps, and T.H. Mullen testified that Owen Whitlatch was truthful, and that they considered him of good character.
The attorneys began their pleas Wednesday afternoon, and it is thought that they will finish and the judge will instruct the jury in time to give them the case tonight.
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Jurors received the case on Friday morning and deliberated for 24 hours before returning a verdict of "not guilty" on Saturday morning, a decision that seemed to surprise no one. Both The Herald and The Patriot of Oct. 16 had carried long and reasonably objective reports of testimony in the trial. The Democrat hadn't, instead predicting acquittal and declaring the testimony to be "uninteresting."
Jurors had remained in the courthouse throughout deliberations --- sleeping Friday night in makeshift accommodations, meals delivered.
Here's The Herald's account of the acquittal, published on Thursday, Oct. 23:
District Court ended suddenly last Saturday, when the Lee Whitlatch jury brought in a verdict of "not guilty" and Judge Vermillion went home at noon, to begin court in Bloomfield on Monday. The Whitlatch verdict was awaited with great curiosity by everybody, as both sides claimed a victory. The popular opinion seemed to be that Lee Whitlatch was probably guilty, but that the circumstantial evidence introduced by the state did not entirely prove it. On their first ballot the jury stood at 6 to 5 for acquitting, one man not voting. Then it stood at 6 to 6, and finally 7 to 6 in favor of acquitting. Gradually those in favor of acquitting Whitlatch worked the others over, until on Saturday morning the vote was unanimous, and the jury came in after being out only 24 hours. The jury was engaged in the case altogether about nine days.
The verdict is not pleasing, as a rule, to the community, as most people hoped to see Whitlatch at least sent to the penitentiary for life to rid the country of him. He may stay away voluntarily, but from some of the testimony Lee may take revenge on some of those who testified against him, so he may be heard from again.
County Attorney Drake made a mistake in drawing up the indictment, so that the verdict could not have been murder in the first degree, as the grand jury found, but only second degree. But, as Abraham Lincoln said, a cyclone and a jury are mighty uncertain things --- and so it proved to be.
Lee was released Saturday morning and his brother, Owen, was released on $4,000 bonds, so the most famous Lucas county case in recent years is again a fizzle, and the county is left holding the sack for about $2,000 costs.
Lee went to Malvern on Tuesday morning to engage in selling fruit trees for a nursery there.
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Owen Whitlatch, although free on bond, remained under indictment until December. Then, the Lucas county attorney dropped all charges against him, apparently concluding in light of his brother's verdict that a trial was pointless. And that ended the attempt to obtain justice for old Joe Buchanan.
Coming Sunday: A Columbia Cemetery reunion
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