The Hardest Fought Criminal Case

Posted on by hchm-curator

by Kristine Schmucker, HCHM Curator

“The case will come up for trial next month and will undoubtedly excite more interest than any other criminal case in Harvey County in several years.”

In the spring of 1902, people in Harvey County eagerly followed the case of a near fatal shooting that involved two young men in Harvey County, John Moulds and Taylor Gillespie. Even though they were neighbors, the animosity toward each other was well known. Once the case went to trial, the case also pitted two well-known Newton attorneys against each other, Charles Bucher of Branine & Branine for the defendant, and H.C. Bowman, County Attorney for the State.

Sedgwick Township, Harvey County, Sect 6 & 7, 1902 Plat Map Atlas.

“Bad Blood”

“between Mr. Moulds’ son, John and Mr. David’s step-son, Taylor, bad blood has existed for some time. Just when the trouble began is difficult to learn, but neighbors have known for a long time . . .”

Trouble had been brewing between the two men for some time for unknown reasons. Gillespie lived on a farm with his mother and stepfather, Howard & Emily Gillespie David, across the road from the Moulds farm where John lived with his father Robert.

In February 1902, the bitterness between the two intensified and there were several incidents. Notably one involving a valentine. “Moulds received an ugly valentine which he supposed had been sent by Gillespie and Gillespie in turn received a caricature by mail.”

A second incident occurred three weeks before the shooting. Gillespie was involved in a fight in front of a Halstead business, “in which Moulds was badly worsted.”  Later that same night, John, with his brother Carl, “turned the tables on Gillespie” when they met on the road between Halstead and their homes. “After exchanging hot words indulged in a fight in which Gillespie was badly pounded about the face.” Gillespie reported the fight, but nothing was done as the sheriff had “some doubt as to just which one was the aggressor.” 

Nothing further happened until Friday night, April 18, 1902, after a program at the Kemper District School.

The next morning the county papers detailed the events of the conflict that almost cost and young man his life.

“Handy With A Gun”

“A shooting affray occurred at the closing exercises given in the Kemper District, four miles east of Halstead last Friday night and as a result, Taylor Gillespie has since been hovering between life and death from the effects of a bullet in the abdomen fired from a 32-caliber revolver by John Moulds.” (Halstead Independent. 17 April 1902)

Around midnight, Gillespie went to untie the horses in preparation to drive his parents home from the event. He went back to the front of the school to get his parents, where he met Moulds. Angry words and blows were exchanged. Moulds drew his revolver and struck Gillespie with it. Moulds went with his brother, Carl, back to the hitching posts. Witness reported that Gillespie then accosted Carl while the brothers were working with the horses. John was on the other side of the team and came around and confronted Gillespie.

Words were exchanged, Gillespie “quick as a flash . . . struck out and hit Moulds.” Moulds “without warning drew his pistol, and striking with his left hand, discharged the pistol with his right. Gillespie fell to the ground.”

Gillespie was “hastened to town after surgical assistance.” An examination by Drs. Hertzler and Huntberg revealed that the bullet “had made four holes through the large intestines. . . . Every possible attention was given to the injured man.” The bullet was never found.

John Moulds was arrested and was out on a $3,000 bond paid by his parents by April 17. The editor noted; “Moulds does not seem to realize the serious nature of his crime but has retained Branine & Branine to conduct the defense.”

John T. Moulds was charged with assault with a deadly weapon with intent to kill Taylor Gillespie.

Hardest Fought Criminal Case

The attorney for John Mould was Charles Bucher from the well-known Newton firm Branine & Branine.  Attorney H. C. Bowman, respected for his “gravity and acumen,” was the prosecutor.

The preliminary hearing has held on April 25, 1902 in Justice Hedges’ court. The nearly twenty-five people in the court room attended the trial “mostly out of curiosity.”

Also in the courtroom, with the defendant, were his parents Robert and Alice Moulds.

The reporter again observed that “Moulds did not seem to appreciate the enormity of the offence with which he is charged, although at times he appeared to be a trifle nervous.” (Evening Kansan Republican, 25 April 1902)

M. Howard David was the first witness called to speak on behalf of his stepson, Taylor Gillespie. He “gave a graphic description of the affair at the schoolhouse, although he did not see all of it.” Mr. David asserted that he was not more than three feet away when the actual shooting took place and saw Moulds’ left arm go up while discharging a pistol with his right hitting Gillespie.

He recounted how he rushed “up to the prostrate form of his step-son and asked if he had been shot. Gillespie replied that he had. David then picked up the wounded man and carried him to the nearest buggy. ” He intended to take Gillespie home but was forces to stop at the home of H.B. Steele, his stepson’s “condition having become so painful and dangerous that he dared not go farther. Doctors were summoned with haste.”

Sheriff Masters was the next witness, and he identified the Moulds’ pistol as an Ivers Johnson, caliber 32.  The final witness was Dr. A.E. Hertzler, one of the physicians called to care for Gillispie. He described the nature of the injuries caused by the bullet.

Judge Hedges decided to hold the defendant for trial at the May term under a bond of $3000 which was “immediately furnished by the father and mother of the defendant and the young man will enjoy his freedom while his trial is pending.”

Hot Fight Ahead

 

Evening Kansan Republican, 9 May 1902

The Trial Promises to be a Sensational One.

On May 15, the trial of John Moulds started. The Evening Kansan Republican reporter noted that “a large crowd was in attendance at the courthouse today . . .. The trial promises to be a sensational one and the attorneys on both sides have prepared for a stubborn fight.”  Forty-nine witnesses had been subpoenaed. County Attorney Bowman began the examination of witnesses. The cross examination for the defense was conducted by Charles Bucher. The reporter observed that it is “evident that the attorneys for Moulds will endeavor to prove that the shooting was done in self-defense.”

Large crowds were in attendance throughout the trial. The Newton High sophomore class attended the trial one day, and the next day the freshman class.

Moulds Is Acquitted

The attorneys concluded their arguments at noon on May 17 and the case was given to the jury. At 4:00 a verdict of “not guilty” was delivered.

“Thus ends one of the hardest fought criminal cases Harvey County has ever witnessed.” (Evening Newton Kansan, 17 May 1902)

Evening Kansan Republican, 17 May 1902

After the Trial

The David family, along with Taylor moved to Stafford, Kansas in July.

Taylor Gillespie went on to be an engineer with the Union Pacific Railroad. He married twice and was survived by his second wife, Mabel L. Gillespie. He died on Julie 24, 1954 at St. Mary’s Hospital in Kansas City MO, and is buried in the Highland Park Cemetery, Kansas City, Wyandotte County, Kansas.

John Moulds married Mittie David Boggs Mould on February 16, 1904. He continued farming for many years and later worked as a supervisor of the federal works program in Harvey County. He died September 24, 1962 and is buried in the Halstead Cemetery.

Sources

  • Burrton Graphic: 18 April 1902.
  • Newton Daily Republican: 28 October 1889.
  • Newton Daily Kansan: 05 December 1890 (C.E. Branine. Branine went on to be a judge for the 9th District.)
  • Newton Daily Herald: 25 February 1896, 10 April 1908.
  • Newton Journal: 22 April 1904, 10 April 1908, 5 February 1909, 23 April 1909, 20 August 1909, 12 November 1909, 18 February 1910, 26 August 1921, 18 August 1922, 25 August 1922.
  • Newton Kansan: 11 April 1902, 11 July 1958, 24 September 1962.
  • Evening Kansan Republican:11 October 1901, 12 April 1902, 14 April 1902, 18 April 1902, 24 April 1902, 25 April 1902,  7 May 1902, 9 May 1902, 14 May 1902,  15 May 1902,  16 May 1902,  17 May 1902, 6 June 1902, 2 October 1902, 31 December 1902, 12 February 1903, 18 February 1904, 6 May 1904,  5 April 1905, 15 March 1907,  3 March 1912.
  • Halstead Independent: 17 April 1902, 14 May 1902, 2 July 1902, 30 May 1912.
  • Sedgwick Pantagraph: 25 February 1902, 18 February 1904, 25 October 1906, 26 December 1907, 6 June 1912.
  • Stafford Courier: 24 January 1907, 13 June 1907.
  • U.S. Census: 1880, 1900, 1930.
  • Harvey County Historical Museum & Archives, Marriage Certificate Collection. Martin H. David and Enna Jane Gillispie,12 October 1892.
  • Harvey County Plat Map, 1902.
  • Find a Grave, database and images (https://www.findagrave.com/memorial/103943889/taylor-logan-gillespie: accessed 11 October 2022), memorial page for Taylor Logan Gillespie (9 Dec 1882–19 Jul 1954), Find a Grave Memorial ID 103943889, citing Highland Park Cemetery, Kansas City, Wyandotte County, Kansas, USA; Maintained by Find_family 2 (contributor 47608506) .

“An Honest Trader Whose Handshake Connected Three Cultures.” Meeting Maxwell

Posted on by hchm-curator
by Kristine Schmucker, HCHM Archivist/Curator
Before settling in south central Kansas in the future town of Sedgwick, Charles Schaefer led an interesting life.  At the age of ten he left home and became a part of the frontier army at Fort Leavenworth and traveled throughout the territory as a scout.   Later in life, Schaefer recorded his memories of his experiences and the people he met during this time of his life. His account of spending time at Maxwell’s Ranch in New Mexico closely matches other first hand accounts encounters with Lucien Maxwell right down to where he kept his money. Lucien B. Maxwell was a colorful man and today is one of three men who have been the largest private landowners in U.S. history.
For more of Charles Schaefer’s story see part one features Schaefer’s early life, and part 2 his Civil War experiences and later life.

“An Honest trader whose handshake connected three cultures.”

Col. Fauntleroy, along with Kit Carson, led several expeditions against the Apaches in 1859-1861.  Young Charles Schaefer was along on some of these missions. It was during this time that he became acquainted with rancher and entrepreneur Lucien B. Maxwell.  Before his death in 1875, Maxwell was one of the largest private landowners in United States history, at one point owning over 1,700,000 acres.

In the early days, Maxwell’s Ranch served as the headquarters for the Ute Agency with the government stationing a company of cavalry there to control the Plains Indians.  The Ute regarding Maxwell as a friend.

In the summer of 1867, Schaefer spent a “delightful two weeks with Maxwell” and years later he described the man and his experience visiting the Ranch giving us a glimpse of the west before settlement.

Lucien B Maxwell 1818-1874

A Great Ranch, A Place of Beauty

According to Schaefer, Maxwell’s Ranch was to his surprise a “great ranch, a place of beauty.” Schaefer described Maxwell’s Ranch as a “Manor-House.”

“The kitchen and dining room of his princely establishment were detached from the main residence.  There was one of the latter for the male portion of his retinue and guests of that sex, and another for the female, as in accordance with the severe and strange Mexican etiquette, men rarely saw a woman about the premises. Only a quick rustle of a skirt or a hurried view or a hurried view . . . before some window or half open door, told of their presence.”

Maxwell House, Cimarron, New Mexico
Restored photo courtesy Legends of America.

Maxwell entertained often and Schaefer observed; “the greater portion of his table service was solid silver, and at his hospitable board there were rarely any vacant chairs . . . “ The ranch was located along the “Old Trail” and a frequent stop for overland travelers.  Schaefer also recalled that “at all times and in all seasons, the group of buildings, houses, stables, mill , store and their surrounding grounds, were a constant resort and loafing place of Indians.”  A large “retinue of servants [was] made up of heterogeneous mixture of Indians, Mexicans and half-breeds.”

Aztec Grist Mill

Established by Lucien Maxwell

1865-1870

Schaefer noted that Maxwell “possessed a large and perfectly appointed grist mill which was a great source of revenue.” Maxwell was a wealthy man and Schaefer noted that he was “never without a large amount of money in his possession.  He had no safe . . . only the bottom drawer of the old bureau in the large room” that was never locked.   Guests were free to roam the grounds with no extra precautions taken to safe guard  the gold, silver and government checks Maxwell kept in the drawer. He was said to  keep as much as $30,000 in cash in an unlocked dresser drawer.

Schaefer recalled that he once suggested that Maxwell should purchase a safe of some sort, “but he only smiled, while a strange resolute look flashed from his dark eyes, as he said: ‘God help the man who attempted to rob me, and I knew him!'” * While Maxwell had a reputation for hospitality, he could also be  brutal. Stories of imprisoning thieves without food or water and flogging servants he was not pleased with were not uncommon. Perhaps this reputation kept would be thieves honest.

Of the man himself, Schaefer recalled the following story;

“Frequently Maxwell and Carson would play the game of Seven-up for hours at a time . . . Kit usually the victor . . Maxwell was an inveterate gambler . . . His special penchant, however, was betting on a horse race, and his own stud comprised some of the fleetest animals in the territory.”

During the time that Schaefer spent at Maxwell’s Ranch, gold was discovered “and adventurers were beginning to congregate in the hills and gulches from everywhere.”  According to Schaefer, this discovery led to the ruin of “many prominent men in New Mexico, who expended their entire fortune in the construction of an immense ditch, 40 miles in length from the Little Canadian or Red River, to supply the placer diggings in the Moreno Valley with water. . . The scheme was a stupendous failure.”  Maxwell was one of the men who lost a great deal on this venture.

Charles Schaefer truly met many interesting people throughout his long life.

Notes:

Sources: 

Bringing Sunshine to Sorrowing Hearts: Mrs. Louisa J. Lehman

Posted on by hchm-curator

by Kristine Schmucker, Archivist/Curator

What was life like for the women who came with their husbands to Newton in 1871-72? Their stories are usually harder to find and not as glamourous, but do give a glimpse into real life on the prairie.

In February 1872, Samuel Lehman and his bride arrived in Newton. Mrs. Lehman had the distinction of being “one of the first brides in the primitive town” [Newton]. When the Lehmans arrived in Newton, Samuel went into the hardware business  with Dwight R. Bennett, who also had a young wife, Sarah. The two were neighbors and became friends.

Trading

A Bennett family story tells about interactions between the Native Americans and the two young women.

“The Indians from Indian Territory would come to Newton.  They were quite wild  at the time . . . Sarah with her young neighbor, Mrs. Lehman who lived next door would lock their doors and would stand outside their houses to trade grease and sugar and other articles or groceries for beads and baskets made by the Indians.”

One can only imagine what other experiences the two shared.

At the time of the Lehman’s arrival, Newton boasted between 13 & 14 buildings and “nothing but prairie to be seen and great herds of cattle” according to the memories of Samuel Lehman. One can only imagine how it looked to his new bride, Louisa.

A year later, Bennett sold his interest in the lumber company to Lehman and moved his family back to Ohio. Perhaps Louisa gave this photo of herself to Sarah as a  remembrance.

Louisa Glendening Lehman

Capable Leadership

Mrs. Louisa J. Glendening Lehman continued to live in Newton and became a leader in the community.  She was born in Bunrysburg, Ohio on February 16, 1848 and died on June 6, 1918 in Newton, Ks.  In  1870, she moved to Topeka, Ks where  she met and married Samuel Lehman on February 12, 1872. The newlyweds left for Newton shortly after. The couple had two children, Glenn and Neva.

Lehman Home, 1870s

Described as cheerful person, devoted to her family and church always “bringing sunshine to sorrowing hearts wherever she found them.” She served has president of the Ladies Reading Circle for sixteen years “during a period when capable leadership meant so much and never failed in her service or faithfulness.” 

One wonders what other stories she would tell about the early days in Newton.

Sources

  • Newton Kansan: 10 January 1918, 18 June 1922
  • Register Report for Dwight Ripley Bennett, p. 1. provided by Joe W. Zeman, Norman, Ok. HCHM Archivist/Curator Files: Lehman.
  • Thank you to Joe W. Zeman who identified the photos in his family’s collection as from Newton, contacted HCHM and donated the photos to our collection.  Without this, we would not have a photos of Louisa J. Lehman or her house.