Vol. VII.
Burlington, Iowa, June 26, 1845.
No. 5.
TRIAL FOR MURDER.
The trial of William Hodges and Stephen Hodges, who were indicted for the murder of John Miller, on the 10th of May last, in Lee County, took place before the District Court of Des Moines County, on last week
The following jurors were empanneled on Monday:
David Leonard, Eli Walker, Robert Mickey, James Sow, Isaac Chandler, Vincent Shelley, William Bennett, Joel Hargrove, Moses B. Nutt, John Smith. Thomas Stout and John D. Cameron.
David Rice was sworn as Baliff and charged by the court to keep the Jury together at all times, and not to suffer any one to converse with them, except in his presence.
On Tuesday morning the witnesses on both sides were called and sworn, and on motion of the counsel, were placed in the charge of an officer with directions not to come into the Court room, or within hearing of any witness while on the stand.
L. D. Stockton opened the case to the jury on the part of the United States; F. D. Mills replied for the defense. The prosecution proceeded to call their witnesses and introduced
Jacob Risser. -- I am a son-in-law of John Miller and lived at Leisi's. We went to bed abut ten o'clock on Saturday night May 10th, fastened the door by a latch: -- about half past eleven heard a noise in the house; opened my eyes and heard a striking and a shot with pistol. I jumped out of bed: I expected nothing but murderers; I saw the struggle between Leisi and Miller and the men; knew them by their being in their shirts. -- I heard another shot and I saw Leisi fall, and went towards the door and nothing more was seen. After all was over I found Mr. Miller outside of the door, about five feet from the door, on the ground; for he was dead; lying with his face to the house; he was lying more on his face than his side; he was stabbed in his left breast; had a bad blow in his forehead, and blows on his head and on his body (describes the position they lay in.) -- There was light in the room when I awoke, but just as I awoke the light went out. We had just moved into the house about two weeks before from Ohio. Mr. Miller came with us; Mr. Leisi came with us; he had gone to Ohio in winter; he was a son-in-law of Miller; had been married about two months in Ohio and came with us. -- Miller was about 58 years old; was a Minister. Leisi was shot in his right breast; had a cut with a knife on his skull about an inch long; through the skull; had a cut with a knife on each shoulder blade; had also a cut across back on his neck. -- The wound in Miller's breast was with a large knife; the wound was wide as the two fingers, and deep; had a wound on the back of the head. Leisi lived three weeks and two hours after that night. I got a view of the persons who broke into the house, but not such as to recognize them. I noticed that they had dark colored faces; not natural. I think I only saw two. They left three clubs and a cap; think I should know the cap if I could see it again. They did not say anything. Father called my name and that was the last he spoke. It is in Lee county, near three miles from West Point. The neighbors are Conduit, (lives south across the creek about 1/2 mile) Able, &c. I alarmed the neighbors; Jacob Able came first; Able's son went for the Doctor at West Point. Miller's name is John. On Thursday evening before, a man called at Leisi's; asked for cattle and drink of water; enquired the road for Fort Madison; said he had about 4 miles to go home; he came across the field from the creek to the back door and asked water, &c; said he was looking for oxen; described the yoke of oxen; the man was a tolerable young man; fresh looking face - don't particularly recollect his face; had palm leaf hat; was little higher than I am; did not tell his name; went off directly.
Cross Examined. -- We had been in the house two or three weeks from Ohio; Leisi and myself had been to Franklin that day and came home at 1/2 past 8; got supper and talked awhile and went to bed, think it was past 10 when we went to bed; when I awoke the struggle was going on in front part of room opposite our beds, I can't tell where the light was as I first awoke I saw the persons did not look natural; the light was put out almost directly. - The front door was on the north and another on the south of the house. - There was little light in the house when I awoke; when I stood at the table, the shot was fired that came near me; it passed though my shirt sleeve; don't know whether Leisi had one of the men down or not; Leisi fell in the corner after they had gone I put Leisi on the bed; he could not sit up; then I went out to father. He had some little life; when I was tending to Leisi the women got up. When I came to Mr. Miller I made a light. It is rather a quiet place where we lived, people seldom passerby. My wife was awake when I awoke; she tried to pull me back and prevent my getting out of bed she said '`there are murderers," "we will all be murdered." Saw no person about when I went out of the door.
Mrs. Risser. -- When I awoke, a man was standing at Leisi's bed; with a club, striking Leisi, another in the middle in front of our bed with a pistol; another taller man at father's bed with a club, striking him, he jumped up and directly the light was put out and I could not see more; there was much confusion; when the man struck father he jumped up and I heard him looking for his gun; he got it and I could not see much more; when I first awoke there was enough light for me to see, and I saw them all there; the one that stood by our bed, in the middle had a pistol in his hand; I have seen this man (Stephen Hodges) three times; once on the night of the murder standing at Leisi's bed; the second time was when he was brought to our house; and now is the third time. I am confident it is the same man.
Cross Examined. -- The light went out shortly after I awoke, when I awoke I saw that man standing near Leisi's bed; the light was near the middle of the room and shone upon his face so that I saw him; there were six persons in the room sitting together when they were brought to our house and when I saw him the second time. They all had quilt thrown over them; I recognized this larger one (Stephen Hodges) then, and I am pretty certain now this is the same man I saw standing at Leisi's bed on the night my father was killed. (Describes the situation of the beds and the person standing near it.) The candle was rather behind the little one who stood at our bed; I did not say next morning that I should know the one that stood by Leisi's bed, if I saw him again; I know him by his long hair, by his black eye, by the looks of his face and his height; I had a good view of him as he stood by the bed with a club; the light shown on his face, which was not blacked all over.
Dr. Holmes. -- About day break I went to the house of Leisi; found old man Miller lying out of doors, He was dead; probed the wound in the breast; could not touch the bottom of wound with a probe; I think the wound would have gone through the body of any ordinary person. Miller was a man of deep chest; found wound on his forehead and on probing it, found that skull grated on probe, from which I judge that it was slightly fractured. I think the death was caused by the stab in the breast. I think he bled considerably; there was much blood on the ground, on the door cheeks, and on the walls of house. I observed the gun, it was shattered and the stock held on by a wire; there was a cut on the ram rod, as if received from a knife in striking and fending off. The wounds on Leisi, two on the left portion of the temporal bone, like a letter V; thinks one was nearly or quite through the skull; the other was a slight one; there was a contusion on the forehead as if by a blow, there were two severe cuts, one on each shoulder blade, they were about five inches long and into the bone. There was another cut low down on the back of the neck; there was not a deep cut low down on the back of the neck; that was not a deep cut; he was also wounded in the chest by a ball from a gun. I probed the wound and found it went round and not through; I cut out the bullet from near the shoulder blade. There was the appearance on Miller of having been struck across the back twice, as if with a stick. I should judge from the shape and appearance of the wounds on Leisi's back that they were made by a large heavy knife. Cannot say whether the ball was shot by a smoothe bore or a rife barrel pistol; rather think it was not a smoothe bore, from the ball being slightly ragged -- a small piece of bone was taken from it afterwards. The wounds on the forehead of Leisi appeared to be made by stabs with point of a sharp knife, knife something like 3/4 of an inch broad. -- I am a practicing physician in West Point.
Jas. L. Estis (Sheriff of Lee County.) I was awakened about midnight at my office in West Point. Col. Patterson and myself got lost and got to Leisi's about day light: -- the others were there; I saw the old man Miller; dead lying at the door, and where the blood had run from him. The family was in such a state of grief that I could not get any thing satisfactory from their descriptive of the men who had done it. I sent the other persons home to West Point with directions to arose every body. I found others looking for foot tracks; we saw three foot tracks leading from the house; after I followed them about a mile; I found only 2 foot tracks and a bare foot horse track. Followed these tracks to Montrose; one was a peculiar track; after I followed them some time, I found no difficulty; I could tell whether it was in a run or in a walk by the boot making the full impression when in a run, that it did not make when he was walking, owing to the toe of the boot being turned up. Think it was ten or eleven miles from Miller's to Montrose; it was half a mile from Miller's when I first found these tracks, there were 3 at first, and several hundred yards beyond; a fresh horse track bare foot about five or six miles from Miller's I observed as if where the persons making the tracks had stopped and washed themselves was at the branch; this was in a retired place, no houses near and in a very deep hollow, I first found these tracks beyond the creek from the house of Miller, the road from the upper crossing of the creek at the Mill near Leisi's was in the direction of Montrose; thinks it four or five miles from Leisi's to where they left the main road and took a bye path to Montrose; I noticed this track made by the book particularly, thinking it might be the only clue to find out the murderers. I got so I could tell it among several others near a house where persons had passed along, same track I followed from Leisi's house; Mr. Jones was with me when I started on pursuit; we separated awhile, he taking the main road, and came together again; this was May 11th 1845. I saw the tracks of Stephen Hodges in Nauvoo and compared it with the tracks leading from Leisi's; I judged it was made by the same boot; he was there in custody: I had showed Col. Patterson the track I had traced to Montrose; I saw Stephen Hodges in custody of the officers in Nauvoo, as he was walking in the dust of the Street, I measured the tracks leading to Montrose but lost the measure; I did not measure the track in Nauvoo; saw his tracks in West Point: I think them the same. There are no public roads near Miller's house; it is in the woods, the place where I first found these tracks was the road from lower crossing of Devil creek where the road from upper crossing came in.
Cross Examined. -- Almost sunrise left Miller's I made inquiry for all strangers in the neighborhood, went first in an eastern direction, crossed at lower crossing at Devil creek went on till I came to road from upper crossing and found the tracks: I measured the track when I started - measured it several times after I started; did not measure the track in Nauvoo: nor the track in West Point; the family at Leisi's told me one was a small man and two large ones.
Peter Munjor. -- I have known the prisoners now on trial and also Thomas Brown; he is about 5 feet 9 inches high, brown hair; and has had the small pox, tolerably large mouth and very thick lips; tolerably well built; not very thick set, think his face is rather thin down his cheeks, between 19 or 22; (cloth cap shown witness.) I think this is the cap William Hodges used to wear, his brother younger than either of these used to wear it; I last saw William with this cap 2 or 3 weeks before the murder; it had no fore piece.
Cross Examined. -- I lived in Nauvoo for five or six years, the prisoners have lived around there 3 or 4 years; I knew them in Missouri I knew the cap by the fur around it and its having no forepiece; Jas. Hodges, (when he went to School and wore this cap) and myself, changed caps one afternoon last winter; I last saw Wm. wear it perhaps three weeks or a month before the murder was committed, I saw William at the Stone house in Nauvoo, I was there and shook hands with him, he had this cap on; I don't know the age of James Hodges; we went to school together, two winters did not stay at Nauvoo that I had several caps like this, that I could not tell apart; did not stay at Nauvoo that William's cap had a forepiece. I had known James Hodges four years, don't swear to his age.
Thomas Munjor. -- On Saturday 10th May last, I was on this side the river near Potter's field, mowing grass on the slough above Montrose; about 2 or 3 o'clock in the afternoon, prisoner's passed in a skill, Stephen was sitting in the stern, Wm. Was in the bow, and another man was rowing, the third one was in the grayish coat with long black hair, I thought it was Tom Brown, but would not swear to it positively, as I did not see his face; did not notice his cap. I have known Wm. & Steph. Hodges, two or three years in Nauvoo since I came from Missouri. Stephen Hodges asked if there was any chance for ducks up the slough: I told him I thought there was, they were in a skiff, where I saw them was about two miles from Nauvoo. I saw no guns in the skiff, they were about fifty yards from me. I think Wm. had on such a cap as this; it resembles the cap I have seen him wear, it had no forepiece.
Cross Examined. -- Having seem Wm. wear this cap about six months ago, several times, that I can's state particularly: I notice Wm. as he passed in the skiff, he was sitting in the bow high up and he looked like a monkey, with a cap on: I know Wm. Hodges has been down the river. I don't know how long, I have seen him since he returned at meeting, about the fore part of Spring; when we boated wood together last fall. Wm. T. Outhouse was with us and Mahlon Johnson, we boated from Castoe's Island four miles this side of the city down the river, I employed Wm. to work in boating wood for Morrison who as to pay him, Morrison lives in Nauvoo, think it was late in Summer, it was not early in the Summer, I did not notice that the cap was torn any, this boating was when snakes were in the wood, a man tried to throw one on Wm. Hodges.
Dr. Holmes recalled. -- I was at Miller's that morning about 9 o'clock, day broke before I got there, I noticed blood near the door, also saw a drop of blood on the sill of the gate, there was blood out doors on the east of the house; followed tracks out of the yard into the same tracks, coming up towards the house, about a rod from the other tracks, sometimes though I saw four tracks on the route coming up, I came to a bare foot horse track with the other tracks near the fence about 150 or 200 yards south east from the house leading to the creek near the mill, this was as far as I followed the tracks, returned to the house to attend to Leisi, afterwards showed the tracks to Risser.
Mrs. Miller's testimony. -- A. W. Carpenter, H. M. Sulmon and A. F. Bruning sworn as interpreter's -- My husband's name was John Miller. On the night of the tenth of May last three men came into our house I took hold of my husband to awaken him, before he was awake one of the men struck him, I saw a man at Leisi's bed and another standing in the middle of the room opposite Risser's bed with a pistol in his hand, did not see the light when they first came in, I saw it after the light was near the middle of the room; could not awake my husband at first, I was awake when they got in, I saw the light after they struck Leisi, they had clubs, my husband jumped up after he was struck and tried to get his gun, the man got him down and I could not see his face distinctly, I saw the other two better, this man (Stephen Hodges) was the one that stood at Leisi's bed; this one (Wm. Hodges) is the size and looks like the one that stood in the front of Risser's bed with a pistol, he looks just like him but he has no whiskers, as that the one had, he is about the height, their faces were not natural, think they were muddied over, I have seen the prisoner three times or four, first on the night when they broke into our house; the second was the day they were brought to our house to try if we should know them, the third time was last week in Burlington, when they were brought to our house, there were six men sitting in a row. I did not know the other four, when I lifted S. Hodges' hat from his face I was satisfied it was the man by Leise's bed, I did not look much at the four others, there was a cloth thrown over the lower parts of their bodies, I was out of the house when the prisoners were brought in: did not see them as they drove up to the door, I was not so certain of William Hodges as I was of Stephen Hodges, being one of the men, the smaller one had whiskers on, the light shone in their faces so that I could see them.
Cross Examined. --I had been asleep before the persons came into the house, but I was awake when they came in, the noise of their coming in awoke me. They brought a light with them, but did not see the light till after they came in, don't know whether it was put on the table, it was a weak light; saw the light after they had hit him the first time, they hit him twice before he got out of bed; Mr. Miler got up before Leisi got up before the light was put out. Risser was in bed, I saw the man that came to our bed first; I do not think I would know him, it was too dark at the time: it was a tall man, do not know what he had on his head, or what any of them had on their heads. There was one at each bed, don's know how far they stood apart, does not know whether the man at our bed was blacked. The one at Risser's bed was not a black man, his face was somewhat muddied over; do not know their clothes, do not know positively whether the one at Leisi's bed was blacked or not: there was much confusion and the whole did not last two minutes.
Jacob Able. -- I was the fist one of the neighbor's there, I found old man Miller at the door on the ground dead, Leisi in he house badly wounded, I found a cap in the house that had been left there. I know this is the cap: it was on the 10th May 1845 in Lee county.
Cross Examined. -- I got there about midnight, found the cap on the floor near the door; noticed the rents and marks of the cap, this is the same cap I found; it is ten times to Montrose; I also found three clubs at the house left by the murderers.
Armstrong Walker. -- I got there shortly after the affair, I noticed the bruise in the forehead of Miller and the wound in Miller's breast. I saw the cap directly after I got there, noticed it particularly and gave it to the coroner: Miller had a stab in the left breast nearly twelve inches deep, as far as the hilt would let the knife go, saw this cap or a full brother to it when I got to Leisi's I noticed the specks of blood on it, when I see now, noticed the same rent in it.
John Walker. -- I saw Stephen Hodges first last spring a year ago, also saw them in Ohio or Indiana, I saw William Hodges at my father's house on the Wednesday before for the robbery of Smith, he asked me if I had any conversation with Stephen, I told him I had -- also asked if I had had any conversation with Irvine Hodges; he then asked me how much money was lost at Smith's I said about fifty dollars, he said he did not think there was more the murder. There was a man with him he introduced by name of Wilson, he was about my height, not quite so heavy, he had long dark hair. I had a conversation with William, I was planting corn when they came, I did not know William when he made himself known, I was planting corn, he told my wife he would drop for me. I asked him if he knew who robbed Smith last Spring, he did not say. Then asked me if I knew what had become of the writ against Stephen for that robbery -- if there was one still out. It was about four o'clock on Wednesday, they staid all night: I saw them there about noon next day, he came to me in the field to talk privately and then said that before they catched Stephen he would kill some of them or die before he would be taken, this for the robbery of Smith, he asked me if I had any conversation with Stephen, I told him I had -- also asked if I had had any conversation with Irvine Hodges; he then asked me how much money was lost at Smith's I said about fifty dollars, he said he did not think there was more than twenty-five dollars got, he asked me then if there was not a man by the name of Carmike had sold out: I told him I thought not; he asked me if there was not a man lived near there had a double log house, whose son had gone east for money -- a thousand dollars -- I told him I did not now, he then asked if I could not recollect a place where a man lived in a double log house; he then said if I would find out where was any hard money and tell him, he would give me part. He then asked me if there was not a Dutchman making a farm on the prairie that had money: told him I did not know: that some one had borrowed twenty five dollars to my father; Meaman had borrowed money of Haws. Haws lived on the road from West Point to the mill; this was a mile from where Leisi lived: asked him who was present at the robbery of Smith: he said they were some more of our boys and took him to mean his brothers: he said Amos was a "damned first rate fellow," stayed around Nauvoo and laid low, and was not much suspicious: asked him how many there was connected with them: he said there was a good many: said when one got into a scrape they would help one get the another out: if they could not one way, they would another. My first acquaintance with them was when we first moved to this country. Wm. Hodges said if any of the company ever told any thing that he or the balance would kill him: if ever I told any of the conversation, they would kill me: said there was a better way to make money than by work, that they could make a living so and meant to have it, without work. They made known no business except to have a note on father, Wilson had on a sack coat of a grayish color, rather brown pantaloons and a fur cap; never saw Wm. Hodges with whiskers on: never saw him for eleven years, notice he came to our house that day: did not know him, thought I knew his countenance but did not know his name: he asked me about Jacob Dodge who was moving with us to this country, and what a devil he was: we live 2 or 3 miles from Leisi's father from Nauvoo -- up the creek.
Cross Examined. -- I live in the same house with my father; father was not at home when they came. As I started to the field I saw two men below the field, coming to the field, it was about 4 o'clock, the field was close to the house: think I was furrowing off, father came home about 10 o'clock at night; his horses had got away and broke his wagon, that detained him. -- Frank Osborn was there: I had two pet wolves, we were talking about the wolves, till mother came out and wanted me to go to work; I have generally known my father's accounts; knew who owes him, and who he owed; William never told me he had a note against my father, he told Frazer so that I heard him: Frazer was living there, he asked me if my father had any money, never knew of my father owing Hodges. Frazer was making some doors; if any one has a note against father he generally tells me of it and also who owes him: my father started to New York two weeks last Friday; I told my father next morning that Wm. Hodges had a note against him, he said he did not owe him any thing, I told him before he was up; same morning I heard Hodges tell Frazer about the note. William asked me if there was not a man there doing some breaking: did no say what he wanted with money; did not say he wanted to find out who had money to get the man to share the note on my father, he asked me to join the company and I refused: he said if I ever told about the gang, &c, he would take my life or have some one to kill me; I first told of it about two weeks ago to Dr. Sala and others: I told my mother, that they had threatened to kill me if I told of it; did not tell my mother what Wm. had told me. Dr. Sala and Mr. Barton came to me, and said the citizens thought I knew something about the murder, that I would not tell; said citizens would raise a mob and take me if I did not. Before they told me, I heard the same thing flying about the country -- the same report.
Re-examined. -- States that he was promised protection by those to whom he told what Wm. Hodges had told him and he was summoned here as a witness by Hodges defendants; don't know whether W. G. Walker is my father or not.
Jacob Risser again. -- The man left 3 clubs and a cap at Leisi's house (identifies the cap produced,) went with Dr. Holmes through the field and found three tracks going from the house angling across the field and another set of tracks coming to the house. We had planted the field Thursday and Friday before in corn, our track went straight along the rows, think the other tracks seen by Dr. H. and myself were not made by any person of our house. We generally came up to the house another way.
Mrs. Conduit. -- Wm. Hodges and another man, neither of whom I knew at the time, stayed at my house on Thursday night previous to the murder of Miller. My house is about a quarter of a mile south of Leisi's; in the morning the other man offered me a one dollar bill to pay me, and I had no change, the young man living at my house said perhaps Mr. Leisi could change it for him. They asked who lived at the Jim Stout place, I told them Mr. Leisi lived on a place bought it of Mr. Stout; the other man was taller than Hodges, he had on a gray sack coat. They left about sun rise in the morning, they came between sun down and dark the taller man had on a cap, and Wm. Hodges had on a hat, they aid they were hunting oxen; think they said they were mostly red oxen, don't recollect any other [particular] description given of them, said they were moving and lost them two miles this side of Madison towards West Point, said the oxen had stayed round a day or two and had then left they asked if the road they took led to Madison, I told them it did lead to Madison as I supposed, they named the country in Illinois they had moved from it was not Hancock, they said they were going to New Purchase or might stop this side of there, said they had a yoke of oxen at Haws' it was abut a mile from our house. They said Haws' had a large family of children, it must be Dutch Haws, I said the Haws I knew had no children. Haws is understood to have money, they said Leisi would not change it unless they would buy half the worth of it, and being a Dutchman he would not take paper money.
Cross Examined -- I recollect it was Thursday night when they were there, by my husband being away, my husband being away at Denmark, he got hurt on Thursday and came home the next morning, and told him of persons staying there. It was the taller one that spoke of moving, and of their losing the cattle, the tall one had long dark hair, was not above the ordinary height, some taller than Wm. Hodges said "we" and "they" when speaking of moving and hunting cattle, and seemed both to be interested in them.
A. K. Drollinger -- Saw Stephen Hodges on the Friday evening before the murder of John Miller; Thomas Brown was with him, near my house, it was on a by-road, it was seven miles from Leisi's, it was about half an hour by sun, met them in the road. Stephen Hodges first, Brown had gone to the sugar camp fence and was pointing his gun to kill a squirrel, Stephen inquired for two stray yoke of oxen, said one was a large red ox with a large bell on, that they had lost them just below Fort Madison, had strayed from some movers they were in company wit, who were then camped just below Devil Creek bridge, only described one big red ox, said they were calculating to stay all night with the movers at the bridge, passed by Stephen Hodges when Brown came up, he first inquired for one yoke of oxen yoked up; Brown had the gun, did not notice whether a rifle or shot gun; Brown had a large bowie knife in his pantaloons fastened to a piece of cloth around his neck. I took hold of it to pull it out, he jumped back drew it out and showed it to me, asked him what he did with it, said he had it for "greens." Brown inquired where I lived, pointed my house out to him; asked if I was married, told him I was, asked how they could get back to Madison, and not to go over the same ground; told them which way to go, they went a different way, went up the bluff where cattle do not range. Harvey Hart was with me, this was about two miles above Devil Creek bridge, they were coming from the bridge and going towards West Point, the last time I had seen them before Stephen was living in Nauvoo, and Thomas two miles above, about six months before, said they were in company with three movers who had come from Ohio. Brown stated they were going back to Devil Creek bridge that night to stay all night. Brown's hair is, I think black and he wears it tolerably long. he had on no vest, he had on a sack coat, it was mixed Ky. jeans, had on a fur cap; Stephen Hodges had on a cap just like this one (showing the cap found at Leisi's) think it had no fore piece, the fur was before: noticed the torn place, if there was a fore piece it was behind or even over his shoulder. Stephen was in his shirt sleeves and had his coat on his arm, knew Thomas Brown better than Wm. had not seen Wm. for a year.
Cross Examined. -- This was on Friday evening, had just returned from hearing Mr. Smith preach, am a Methodist, did not shake hands with Steph: Hodges, don't speak to him generally when we meet, and I was surprised they did not ask for lodging, as Thos. Brown and myself were old acquaintances, Hodges and myself had not been much acquainted, am certain I saw Steph. about two miles above the bridge on that evening: was surprised at meeting them at that place, was an old bye-road, did not ask them to stay all night nor did they ask to stay with me.
Doctor Knowles. -- Describes when prisoners were taken to Leisi's and their different positions in the room.
D. M. Repshire -- I am an officer in Nauvoo, town constable, arrested the prisoners near the limits of Nauvoo on May 13, 45: their brother Amos Hodges was arrested with them, a man by the name of Smith lived in the house, they made no opposition when I arrested them, with a process on Tuesday evening, the night before they had resisted being taken, they surrendered on Tuesday morning, and agreed to go to a Justice. On Tuesday evening they were arrested my me with a writ; they were taken before a, the trial not coming on then, moved them to the Mansion House; shortly after I took them to the Mansion house, on searching them I found no arms on them, found none on them afterwards, had agreed to remain until a proper writ could be made out to arrest them.
D. Davis. -- The prisoners were in my custody in Nauvoo, went to arrest them on Tuesday morning at the house
of Amos Hodges in Nauvoo just before day, said they would not give themselves up until day break, after they were in
Repshire's possession at the Mansion House, saw them searched on Tuesday evening, the bright pistol was taken from
Stephen, the smaller pistol and bowie knife from Amos Hodges, the morning before saw Wm. Hodges with the smaller
pistol.
Scott. -- The prisoners were in my custody on Tuesday night the 13th of May last, searched them and found a pistol, and bowie knife on Amos Hodges, and a pistol on Stephen Hodges, did not notice any blood on the scabbard of the bowie knife, they rather resisted being searched, we said we intended to use them as prisoners, and intended to search them thoroughly, they then submitted to be searched.
Col. Patterson. - Have the ball extracted from Leisi by Dr. Holmes, this is the same ball, on Sunday morning picked up the same at the house, it had the marks of blood upon it. Noticed the tracks on the road from Leisi's to Montrose, and the tracks made by Stephen Hodges in Nauvoo, they resembled each other in size and length, in Nauvoo the track was in the sand, the others were in the dust.
A. J. Stewart. -- Was present in Nauvoo when the prisoners and their brother were arrested, it was just after midnight, went to Amos Hodges on Monday night, they refused to be taken, they were taken next morning, they said that if they would wait till morning, they would meet us at any place we should mention and go into trial. I looked into the house and saw Amos had a knife and pistol, Stephen had a pistol and knife in his clothes, there was a light in the room, could not see William whether he had any weapons or not, they said they would shoot anyone who came in, they had weapons holding in their hands.
Cross-Examined. -- In the morning they gave themselves up. saw no arms when they surrendered, heard nothing said of any ordinance or city law, we had no process, they asked for process.
Re-Examined. -- There was at the house about forty persons or over, when they have themselves up in the
morning, they gave themselves up to the company, and the captain of the police took charge of them, principally
all the watch was called in, they had arms, a good many in Nauvoo go armed, don't know that we are obliged to
carry arms.
Belknap. -- Saw Amos, Stephen, and William Hodges at Nauvoo in April last grinding two large bowie knifes, it was 3 or 4 weeks before Miller was murdered, it was at a shop where I worked.
Mrs. Leisi. -- I recollect the night the men broken into our house, they left 3 clubs and a cap; when I awoke the light was out; heard the firing and saw the flash, my father and husband struggled with the men: my husband had one of them down, as he got him out of the door he shot him: it was 10th May last. The cap does not belong to our house: my father was a minister of the Gospel, near 60 years old. He was from Germany 5 or 8 years.
(The Counsel here offered to give evidence, the dying declaration of Leisi, to his wife and his physicians, who the identify of the prisoners, and their being the persons who broke into the house of Leisi. The Court refused to permit the testimony to go to the Jury).
Evan Evans. -- I have seen Wm. Hodges, the prisoner; think he wore such a cap in Burlington 2 or 3 years ago, as this.
DEFENDANTS' TESTIMONY
Samuel Walton. -- I was in Nauvoo on Saturday night the 10th of May; I recollect it was Saturday the 10th because I stood on guard that night. I saw Wm. Hodges at Geo. Broffet's on Saturday night. At 9 o'clock I inquired for Geo. Broffet who was also going on watch; I was on watch from 9 [or, sic to?] 12 o'clock, I saw Amos, William, and Stephen Hodges together, coming down from main street, that night.
Cross Examined. -- Came from Maine on account of my belief; had been there 8 weeks; came the 13th of April; I m not of City Police; standing on watch was about the first job of work I got in Nauvoo. It was bright moon light night; moon set about 11 o'clock. It was quite light, I could see all along the river shore up and down for near half a watch, I stood all along short from lower stream mill; it took fifteen minutes to go from one end to the other end of my watch. I could see from lower mill half mile up river. We wee eyeing the river all the while, kept our eyes skinned for looking every way. I set down the day of the month so as to know when I commenced boarding at Moore's. My watch extended more than half way from the tower stream mill to upper stone house; it is pretty level from lower stream mill to upper steam mill. I did not know Wm. Hodges before that night; I saw Stephen Hodges and his two brothers on the common near the house. From dark till nine o'clock I was at Moore's waiting to know whether I was to go on the fore or the after part of the night. I went from Moore's to Broffet's hence to Manheart's, then on watch till 12 o'clock. I was right close to the three brothers Hodges on Saturday night; they passed quite near me, I am certain it was Amos, William and Stephen Hodges; they had caps on; I met them little past 8 o'clock; after that I went no the house, after that George Ellis came and told me they wanted me to watch, and I went to Broffet's It was Saturday night, there was no frost that night, too warm for frost. Don't know that I saw them (the Hodges) all three together again.
Sarah Ann Wood. -- I live in Nauvoo in Main Street. I know Stephen an William Hodges; first saw them in
Nauvoo passing by our house on Main Street, this was about 4 months ago, I have been pretty well acquainted with
them since that, I was at Amos Hodges on Saturday night May 10th. I saw William and Stephen at Amos Hodges, they
were there when I got there; when I left there it was about 8 or 9 o'clock. I then went home; I don't remember
anyone else there. It was in May; I recollect it, because it was talked about, it was the same night the murder
was committed. I did not hear of them being taken till after I heard of the murder. (Here a cap is produced by
defence and shown to witness.) I have seen William wear a cap like this one; I know James, younger brother
than these, he had a cap and cap something like this.
Horace Braffett. --I was at William and Stephen Hodges on Saturday the 10th of May. I saw them the next day before I heard of the murder committed: saw William on Saturday night May 10th, at our house for a pail of water, ours was the nearest well, it was about 9 o'clock -- did not see Stephen after dark -- he got a bucket of water and went home. Saw Amos, William and Stephen coming down from Main Street about dusk on Saturday, William wore a straw hat that night. Don't think I ever saw him with this round crown hat on.
Cross Examined. -- I moved to Nauvoo a year ago this Spring, have known the Hodges abut two weeks before
they were taken up. Never saw Thomas Brown. When I saw William he was always wearing a straw hat; the last
time I saw William was on Saturday evening five or ten minutes after sun down, May 10th. Always saw William
wear straw hat. Saw William at our house at 9 o'clock for water. Walton came down and asked father where he
was going to stand; Walton came after dark a while, Walton had gone when William was there. William had
on a palm or straw hat. Father has lived in Nauvoo a year, he lived in Iowa three years. Father came home at
12 o'clock. Amos Hodges asked me to come here as a witness, father lived 3/4 back of Montrose in Iowa 3 years, I
lived there with him.
Mrs. Artemas Johnson. -- I first saw William and Stephen at Nauvoo about 6 weeks ago, The smallest one, William was at his brother's, Amos Hodges. I saw them at 9 o'clock at Amos Hodges, on Saturday May 10th, it was Saturday night before they were arrested, two women staid at house that night, Harriet St. John and Miss Hoskins.
Cross Examined -- I lived at Geo. W. Braffett's at that time, my husband is Artemas Johnson. He was at home that night, he was home when I went to Hodges, he is not in Nauvoo now. I don't know where he is, I had known where he was on the night of the murder and knew it would be said of him that he was concerned in the murder, as he lived on this side of the river. I got the Almanac and looked for the day of the month. It was about 9 o'clock when I went to Hodges', Wm. Hodges was at our house for water that evening, staid a few minutes, and Stephen fetched their water from my house. William always wore a wide rimmed hat, drab color, he only wore that hat, never saw him wear a cap or straw hat. When he came for water that night he had on this drab hat, staid about 15 minutes talking to the girls; this was not far from 8 o'clock. It was not very dark nor very light, just middling, don't recollect the moon. Braffet went away about dark and told us to tell Walton where he was, my husband was there the time, my husband left Nauvoo five weeks ago to night. Don't know where he is gone. I know Thomas Brown, have not seen him for some months. Walton came about 8 o'clock; middling warm don't recollect who got me to come up here as a witness, came of my own accord, no one requested me before this week, thought I would not see anyone injured when I could do them any good. Am a member of the Mormon Church. Thought my husband would be suspected of this murder because he lived this side of the river and was a Mormon, we lived at Montrose six months, six years ago this summer.
Jno. Court -- I live now at Amos Hodges in Nauvoo, know the prisoners; William since April last and Stephen since last summer. Stephen wore a short wool fur hat this spring, he had a cloth cap with fur around the edges, saw Wm. Hodges have the same cap this spring, he wore it with the fur piece inside.
Cross Examined. -- Heard William say his cap was at his brother's at Mechanicsville that he wore a hat; heard
this when I went back to Nauvoo from the Territory, stayed at Amos Hodges all night.
Was acquainted with prisoners in N York, Amos was with him, a Mormon preacher; noticed the cap; that Stephen wore had a fore piece, William wore the same when I came back and Stephen a hat. Saw this (the clothe cap produced by) when it was brought back from Mechanicsville, noticed it particularly, notice caps to see what they are made of. Amos and Stephen were living in N. Y. last summer. Amos was preaching there three years ago. The cap was left at Mechanicsville the last of April or first of May.
[Emeline] Campbell. -- I am a sister of the defendants, have another brother James In Pittsburg, know of his having a cloth cap, made it myself, burned it up before I went away; it had no foe piece on it. James always wore it, William never wore it, Stephen wore this cap shown to me. (This was the cap produced by prisoners.)
Cross Examined. -- Amos Hodges' wife made this cap, (produced by defendants.) she made it for Stephen Hodges. I went to St. Louis in February and returned a week ago last Monday, this cap fitted Stephen very well; he never had a cloth cap without a fore piece, in February last I burned up the cloth James had without a fur piece; mother was present no one else. Mother is in Pittsburg with my father, Stephen usually wore this cap, it was his. It fit William very well, he used to wear it with the fore piece turned in sometimes turned behind. Mrs. Hodges made this before I made the one for James, don't know when Amos' wife made this cap for Stephen, I made the cloth cap about a year ago for James. I burned it up in February, 2 miles this side of Nauvoo on the Illinois side of the river, James left here in February for Pittsburg;I burnt it up before he went away, told him of it. Mrs. Hodges made this cap for Stephen. I was in Vicksburg till last of July or August. Amos, his wife and Stephen returned for 3 months, went in a wagon, some one returned with them, don't know who. (The cap which this witness swears was made for Stephen Hodges, by Amos Hodges' wife, is a cloth cap, resembling the one found at the scene of the murder, but it has a leather fore piece.)
Dr. E. Sala. -- Called on young John Walker in company with Barton, had a conversation with him the next day
went down with Sheriff, P. H. Babcock, Estes and Barton. A statement made was taken down in writing. Have no means
of knowing that Wm. G. Walker was concerned in the murder of Miller. He harbored these boys and that caused him to
be suspected as they were of bad character, they were often about there. Leisi had his eyes bandaged and his head
covered when they were brought in the room to see if he would recognize them.
PLAINTIFFS' REBUTTING TESTIMONY.
Hawkins Taylor. -- Describes the ground at Nauvoo on the Bank of the River; can't see from lower stream mill but a short distance up the river; the shore makes quite a curve.
Peter Munjar. -- I was with Wm. Hodges when under arrest in Nauvoo when it was spoken that a cap was found at the place of murder, he then said that he had burned his cap about two weeks before that, when he bought his new hat; he asked me if I was going to be a witness. I told him I was sent for as a witness to the cap that was found at Leisi's; that I should swear to it.
Cross Examined. -- This was on Tuesday evening after they were arrested; I went to the house where they were. The Justice sent for me to be a witness, I am not a Mormon, I lived at the time at Montrose, Iowa.
D. Davis. -- The prisoners were in my custody at Nauvoo; Wm. said he had herd there had been a cap found at
the place where the murder was committed: said it was not his, that he could prove he had burned his cap when he
bought the new hat he then said, this was about two weeks before; he told it at different times to other persons;
this was the evening after he was arrested.
Morg. Evans. -- Saw Wm. Hodges three years ago; he then had a greyish woolen cap; about a year ago; he then had a greyish woolen cap; about a year ago I saw him in this town on the river bank, intoxicated; the gray one might have had a forepiece; It was about a year ago I saw him wear this cap; looked natural as soon s I saw him put it on.
J. R Fayerweather. -- Recollect Wm. Hodges living here two years ago, might have been a year ago; he wore such a cap as this is; strikes me he wore that cap when he carried the hod for Noble -- (this is the cap left at the house on the night of the murder.)
Stephen Markham. -- I have seen Wm. Hodges in Nauvoo wearing such a cap as this, don't know that it had a forepiece. Thomas Morgan's character for truth and veracity is bad, would not believe him on oath; from what the rumor is; have known him for four or five years.
Jesse Johnson. -- I knew Wm. Hodges when he lived in my neighborhood chopping wood, he had such a cap as
this, it is as familiar to me as to my father would be; it was two or three years ago; the cap had no fore piece.
The testimony on both sides was here closed on Friday evening; the jury were again addressed by Mr. Stockton for the United States, in a speech about an hour and a half long. The Court then adjourned.
On Saturday morning Mr. Mills opened the defence for the prisoners in a speech of three hours. Mr. Hall followed in a speech of about the same length, and the case was summed up by Mr. Reid on the part of the prosecution in a speech of four hours.
The charge of the Judge to the jury at the conclusion, was clear, impartial and entirely satisfactory. It was now nine o'clock on Saturday night, when the jury retired to consider of their verdict. The Court directed them to be provided with refreshments and kept together until they should agree and return their verdict into Court. Without adjoining the Court took a recess and resolved to come in on Sunday morning and receive the verdict of the jury.
At an early hour on Sunday the Court room was crowded with anxious spectators eager to know if the jury had agreed, to hear the result. The Judge on taking his seat learned that the jury had agreed, and directed them together with the prisoners to be brought into Court. It was a solemn and affecting scene; the countenances of the jury evinced, as they took their seats, showed anxiety of mind, and their solemn sense of responsibility that had rested upon them. The prisoners took their seats in the bar apparently as unmoved and as unconcerned as they had been during the whole trial. The most breathless silence prevailed in the audience, as the jury replied to the inquiry of the Court, that they had agreed on their verdict; it was handed to the Clerk and read by him: "We the Jury, find William Hodges and Stephen Hodges GUILTY of murder." The feelings of the large crowd so long kept in painful suspense, and their anxiety kept at such a faithful stretch, could not how be restrained and many of them joined in clapping and other signs of approbation, order was soon restored by the Sheriff. The prisoners received the verdict of the Jury as unmoved as ever; hardly was a muscle or feature seen in move. the Court took a recess until three o'clock.
On re-assembling in the afternoon the large room of the Methodist Church was more crowded than ever. Every disposable place was occupied . The prisoners looked a little more concerned, but their emotion was hardly discernible. They were placed on the right hand of the Judge's seat. Judge Mason in a solemn and impressive voice, asked William Hodges if he had any thing further to say why the sentence of the la should not be pronounced upon him.
He replied: "I have nothing more to say except that I am innocent of the charge; I have had the benefit of a fair trial by a Jury of my country -- I have been found guilty and am prepared to submit myself to my fate." Stephen Hodges, in reply to the Court, spoke to the same effect, both asserted their entire innocence of the charge.
Judge Mason in deep and visible emotion, proceeded to deliver the following sentence:
SENTENCE OF THE COURT.
The trial on which your lives depended has now terminated, and to you that termination is fatal. After a full and fair investigation, that Jury to which you had entrusted your fate and which from the privilege extended to you, may almost be said to have been of your own selection, have declared you guilty of murder -- a murder too which in point of atrocity, may almost be said to be unparalleled in the annals of crime. With scarcely an apparent inducement for the commission of the most trivial of offences, you have been guilty of the greatest. You have not only with sacrilegious hand invaded the sacred fountains of life, but with an apparently deliberate purpose, dearly kin in malice to that of the arch fiend, you have entered the little Eden of love and contentment, with which a quiet and unoffending family were surrounding themselves -- cut off in the bloom and maturity of manhood two o their chief supports, drenching bloom and maturity of manhood two of their chief supports; drenched their very hearth stones with their life's blood, and brought desolation and unutterable woe into that house which for you would have been the abode of all the sacred charities and innocent pleasures of domestic life.
Now are the consequences of your crime confined to the immediate sufferers. Though lessened in intensity, they have extended to the whole community. A feeling of apprehension and insecurity has been communicated to every cottage throughout the county. When a blamelessness of life which creates no enmities - a mediocrity of condition which excites no envy -- when an almost entire absence of that motive which addresses itself to the sordid love of gain, cannot secure the slumberer form the assaults of the midnight assassin, well may the indweller of every cabin feel that anxiety and wide spread consternation which must go greatly augment the aggregate evils of human existence.
For all these evils, immediate and remote, the law holds you responsible, and is now about to apply all that there is of remedy within its reach. Blood for blood is its stern demand and never was that sanguinary requisition more righteous. -- Unable to restore the dead it accords thus much of vengeance to the living. Your lives too, are regarded as incompatible with the safety of society; and in the bloom of youth and health you are by the hands of your fellow mortals, to be consigned to the gallows and the grave. An example also seems to be called for to deter others from a repetition of like offences and you are about to be exhibited as an awful beacon to warn all others from a course like that which has resulted in your ruin. May your dying struggles, to which the eyes of thousands will soon be directed, turn back into the path of rectitude all those who are in any way disposed to pursue a course like that whose fatal termination you have so nearly reached.
You need not be reminded of the awful condition in which you are placed - of the blackness of that gulf which is not opening beneath your feet. Under the circumstances of the case you can only expect that the utmost rigors of the law will be enforced against you. The picture of the distress produced by your crime is too fresh in the memory of the community to permit the voice of pity to effect any thing in your behalf, and the horrid nature of your offence puts to silence those who are conscientiously opposed to the inhuman punishment you are about to suffer and makes them almost regard your case as a proper exception to the milder rule which they would fain substitute for that now about to be enforced. Look there for mercy only to Heaven. Expect pardon from none but your God. In the silence of your prison, with a speedy and cruel death staring you in the face, repent of your misdeeds and do all that still remains in you to atone for them, and mercy and pardon will not be sought for these sources in vain.
In the discharge of the solemn duty which is not imposed upon me, I feel almost overwhelmed with awe, as I become one of the instruments by which the lives of two human beings are about to be extinguished -- for life, how much soever it may have been perverted from its original purpose, is still an emanation from the Divinity. but as the irresponsible organ of that law which requires your death, I here pronounce its final sentence -- I direct that you William and Stephen Hodges, be taken from this place to the Jail of the county of Des Moines, there to remain until Tuesday, the 15th day of July next that on the day you be taken by the proper officer of this County to some convenient [place] within the same, an there between the hours of 10 o'clock A. M. and 4 o'clock P. M. that you be hung by the neck until you are dead; and may God have mercy upon you.
Note 1: Emeline Hodges was born Oct. 10, 1826, in Bath, Steuben Co., NY. Prior to 1845 she married a Mr. Campbell.
On Oct. [Dec.?] 6, 1846 Emeline married Elder Elijah Banta, in Lancaster Co., PA. Banta was first a follower of
George M. Hinkle; then of Sidney Rigdon, and later became a noted RLDS Elder and a Counselor to that church's
Presiding Bishop. Emeline was the daughter of Rigdonites Curtis Hodges and Lucy Clark Hodges; also she was the
sister of Sarah Hodges Wait Luckey (1809-1895) and the noted co-editor of the "Joseph Smith Bible," Marrietta Hodges
Faulconer Walker (1834-1930). Emeline died May 14, 1876, in Sandwich, DeKalb Co., IL. -- see Saints' Herald,
June 1, 1876, p. 350 and James R. Brigham, "Elijah Banta...," John Whitmer Historical Association Journal XII,
1992, pp. 52-65.
Note 2: Curtis Hodges (c. 1780-c. 1846) and Lucy Clark (1790-1867) were originally from the Bennington, VT area --
he was probably the son of Curtis and Sybil Hodges of Onondaga Co., NY. One of Curtis and Lucy's daughters was born
at Pompey, Onondaga Co., in 1809. The family resided at Rochester, NY, c. 1813-1815. A Curtis Hodges, Jr. lived at
Painted Post, Steuben Co., NY in 1820 and probably also for a while at nearby Elmira, Chemung Co., NY. As noted
above, another of their daughters was born in at Bath, Steuben Co., in 1826. Curtis and some of his family were
evidently baptized Mormons in Gerrard twp., Erie Co., PA by Elder Zebedee Coltrin late in 1832. By mid-1833 the
family had moved to the Painesville, Geauga Co., Ohio area, where another daughter was born in 1834 (at Willoughby).
Probably the Curtis Hodges family were at Far West and then at Nauvoo before the parents followed Sidney Rigdon back
to Pittsburgh in late 1844 or early 1845. Curtis Hodges, Sr. was ordained a high priest at the April 1845 Rigdon
conference in Pittsburgh and his son Curtis served on a mission for Rigdon in western New York during the fall of
that year (See the Pittsburgh Messenger & Advocate of Nov. 1845, p. 292). The older Curtis apparently died
at Pittsburgh sometime after April 1846 (when he and his son James attended the semi-annual Rigdonite conference
there).
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