Anamosa - A Reminiscence 1838 - 1988

Hine's pasture. Foreman had been working on the road
that adjoined the pasture, not more than thirty or forty
rods from Johnson.
Prior to this, an Anti-Horse Thief Association, whose
object was to bring thieves and law violators to justice,
had been formed. At a meeting, the members voted to
institute proceedings for prosecution for larceny
against Robert Johnson. A committee was appointed to
collect evidence against Johnson and bring the case to
the District Attorney. Contributions were collected to
aid the prosecution. In obedience to the directions
given by the association, E.V. Miller and another
member laid the case before the District Attorney and
made statements to him of what they claimed were the
facts of transaction. The case was then brought to the
grand jury and an indictment for larceny was returned.
Hearing that Foreman's calves were light colored,
Johnson and his brother went to see Potter. Potter
pointed out the four Foreman calves. These were light
colored calves. it was then that Johnson realized he
had not handled Foreman's calves. Potter still insisted
these were the calves Johnson sold him. Johnson
refused to pay the note because of his innocence.
Johnson then started a civil suit that eventally cost
him $1400.
Johnson retained Col. I.M. Preston, along with
Wheeler, for the larcency charge. it was fairly common
knowledge that there would be a motion to quash the
indictment because of an error in drawing and
impaneling the grand jury. While pending, Johnson's
barn was burned. Apparently Col. Preston had had
misgivings about Johnson's innocence because he
directed Wheeler to advise him to jump his bond and
leave the country. Johnson angrily replied to Wheeler,
“Boy, I never stole the Foreman calves, and by God. I
will go the penitentiary off my door stop, before I will
ever jump my bond". Shortly before the case was
convened in court, Johnson found a rope with a letter
near his home. It read, ‘In view of the present
indictment, we understand that you calculate to have
the indictment set aside. We advise you to appear and
be tried under the indictment with the defect. if any
exists. or take the lamented Greeley's advice and go
west or take this — We the Committee.‘
The case was transferred to Cedar County which
resulted in a hung jury eleven to one in favor of
acquittal. There was a retrial and Johnson was
acquitted. This was not enough for Robert Johnson
who wanted to ‘get his character back‘.
The third and longest part of the Jones County Calf
Case, began on May 23. 1878. This was an action for
malicious prosecution and $10,000 damages against
E.V. Miller. S.D. Potter. and Herman Kellar. and known
as Johnson vs. Miller, et al. There was a change of
venue to Linn County. but before it was tried, it was
changed to Benton County. Lawyers for the plaintiff
were Col. Preston, J .D. Nichols, and C.E. Wheeler, and
the firm of E. Keeler, Tewksberry Gr Traer for the
defendants. No verdict was reached due to a
disagreement among the jury. It was tried again in
Benton County on October 22, 1878. At one of these
trials. John Foreman testified. ‘that this organization
had met these defendants and they had determined to
prosecute, whether anybody told them or not.‘ A
verdict of $3,000 in favor of Johnson was returned by
the jury; but was set aside by Judge Shane on the
grounds it was not warranted by the evidence. The
costs of these trials was about $2,000.
The verdict was appealed and the case was tried in
Clinton county. A verdict of $7,500 was obtained in
favor of Johnson, but was set aside on the grounds that
one of the defendants should not have been included.
The case was next tried in Blackhawk county. The
‘committee's’ letter was admitted as evidence.
Benjamin Yost testified that at the time the indictment
was found. one of the defendants stated ‘that if they
could not get rid of (Johnson) no other way, they would
burn him out.’ John Hines testified that he heard David
Fall, one of the defendants, say at the time at which the
original indictment was found, ‘we will drive him out of
the county.‘ Who Fall included when he said ‘we,' the
witness was unable to state. Another defendant, G.W.
Miller, called as a witness by the plaintiff. testified to
the effect that he was present at a meeting of the Anti-
Horse Thief Association when a vote was taken to
prosecute Johnson for selling Foreman's calves, that
money was voted for that purpose and members were
assessed to raise the money. The verdict was again in
favor ofJohnson.
The defendants appealed to the Iowa supreme court,
where it was heard April 25, 1884. Attorneys were
Horace Boies, Hubbard. Clark & Deacon for the
appellants and Wheeler and Pratt 81 Carr for Johnson.
The court's findings were that the letter was
inadmissable against any of the defendants unless a
conspiracy could be established. The court also found
that the testimony of Hines could not be admitted.
Evidence showed that the defendants contributed
money in dues to the association, which was used in
prosecution. The defendants could not be held
responsible for the actions of the association. Evidence
tended to show probable cause for the defendants to
believe Johnson had taken Foreman's calves. The court
declined to say that evidence might not be the same on
re-trial. The decision was reversed in favor of the
defendants.
The case was retried in Blackhawk county, where an
unidentified witness testified that one of the defendants
spoke of the defendant and the prosecution and said, in
effect, that they would like to do the same thing to
Johnson as they did to Hi Roberts, who had been
lynched by members of an 1850's anti-horse thief
association. Johnson again won the verdict. The
defendants then appealed to the high court which
heard the case October 15, 1886. The verdict was
reversed in favor of the defendants.
The case was retried in Blackhawk for the third time.
The jury was directed to find in favor of one of the
defendants, Herman Kellar. whose connection with the
association was not proven. The verdict returned was
also in favor of Johnson, who was awarded $1,000.
Miller and the other defendants appealed again to the
supreme court. This case was heard January 27, 1891.
Upon review of special findings, the court upheld the
verdict of $ I .000 in favor ofJohnson.
In 1894, and for the last time, the case was heard in
the Iowa supreme court. Keilar died in 1891. and the
remaining six defendants wanted to pay only sixsevenths
of the $2,886 costs for which they were liable.
The judgment of the lower court stood and the case that
started twenty years before and was tried to 114 jurors
in four counties, with court costs amounting to
$30,000, was at an end.
All those involved with the case were prominent men
when the case was begun, but all had been bankrupted
by the proceedings. Public opinion had not been with
Johnson as he tried to clear his name. No one could say
Robert Johnson did not have his character back.
153