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Archive for the ‘Cass County’ Category

About December of 1899 Andy Hayford was released from custody regarding the murder of George A. Barclay. There is not much information about Andy Hayford, who he was and where he was from.  The 1900 U.S. Census has an Andy Hayford living in Crow Wing Co. who is married with two children born about 1866 in Wisconsin. Whether, this is the same Hayford is unclear, but it is interesting.

Here is a photo of St. Paul about 1908 which is a little later than our subject but it gives you an idea of what the city was like.

St. Paul, Minnesota, Ramsey County about 1908

St. Paul, Minnesota, Ramsey County about 1908

Here is a summary of:  In the Matter of the State of Minnesota vs. Andrew Hayford, Indicted for Murder in the 1st Degree.

That we Andy Hayford as principal and Con O’Brien and J.W. Koop as sureties of the County of Crow Wing – $1000 dollars.  The Condition of the Above Obligation is Such, that is the above bounden Andy Hayford shall personally be and appear before the District Court of the County of Cass 1st day of the term at the Court House in Walker on the 7th of May [1900] to answer to the indictment of the Grand Jury on 9th of May, 1899 etc. Witness Our hands this 29th day of November 1899 and signed by Andy Hayford and others. 

What follows is  from the 15th Judicial District Court, State of Minnesota, County of Cass.

State of Minnesota, Plaintiff vs. Andrew Hayford, defendant

Application having been made to this Court, for an order admitting the defendant Andrew Hayford, alias Andy Hayford, to bail and fixing the amount of bail bond, for defendant’s appearance at the next general terms of District Court to be held at the Village of Walker, Cass County, Minnesota.  Messrs. Jones and Peterson appearing for defendant in support of said application, and after due consideration, an order was made, dated November 25th, 1899, whereby said defendant was admitted to bail on approval of his bond by this Court, said bond for his said appearance being fixed at the sum of One Thousand dollars, with two sureties; and a bond as prescribed by said order having this day been duly approved by this Court and filed with the Clerk of District Court of said Cass County.  IT IS ORDERED, that said defendant, Andrew Hayford alias Andy Hayford be discharged from your custody.  Dated December 1st, 1899. By the Court. [    Holland] Judge. To the Sheriff of Ramsey County, St. Paul, Minn. 

The Sheriff of Ramsey County writes:

State of Minnesota, County of Ramsey, I hereby Certify and return that by Virture of the hereto attached order of the Honorable G. W. Holland Judge of the District Court in and for the County of Cass in the State of Minnesota, I have this day released from Custody Andrew Hayford Alias Andy Hayford.  [J. Noll, Agent] Sheriff of Ramsey County, Minnesota.  Dated at St. Paul this 5th day of December 1899.  

There are no other court documents except these since May 1899 when the Grand Jury convened that explain what happened and why Hayford was released.

I am also puzzled as to why the defendants were in the jail in Ramsey County.  I suppose that Pine River was too small to have a jail and Walker was recently designated the County seat of Cass and maybe had not built a proper jail.  Brainerd probably did have a jail but according to this website from the Crow Wing County Historical Society it was pretty small.  To find the 2nd jail information and a picture you will have to scroll a long time or use your “Find” and the term “City Jail.”

http://www.crowwinghistory.org/buildings.html#CITYJAILSECOND

Photo from http://www.photographium.com/cedar-street-st-paul-minnesota-1908

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Cass County Courthouse

Cass County Courthouse

The loss of her husband must have been a shock to Amarilla.  Their relationship may not have been one that great love stories are made of but they seemed to have had a bond.  They had been married 20 years. During that time they had struggled to build a settlement together.  They had a son and lost him in a terrible accident.  They raised Grace together, who was probably the best part of them.  Would Amarilla have stayed with George to the end if he had not been killed?  Hard to say.  It is suggested that neither were faithful to each other?  Only they really knew what was going on. I think both were independent and determined people and pretty much did what they wanted.  So their relationship was probably very interesting.

In any event, Amarilla was now in control.  She had probably learned a great deal from her husband in how to handle business matters.  Before his death she had been a grantor on several deeds.  She would come to deal with taxes, mortgages, deeds and more over the span of her life.  As the administrator of her husband’s estate she would see to the best interests of herself and her daughter.  She would stay in Pine River and become a very important part of the history of that city.

In 1899 she had to deal with tax issues:

Cass County Courthouse, Pg. 37 Judgement book 1898 to 1902, Mrs. A. Barclay, SE1/4 SE ¼, Sec 6, Twp 137, Range 29, Acres 40, Year 1899, $2.76, $.41, $.27, $3.44, Stamped Bid in for State

In April of 1899, Amarilla and a Curtis Bridgeham entered into a chattel mortgage, Book Misc. E, pg. 373 and 374-5, Cass County Register of Deeds, Walker, MN.  He was indebted to her for $395.00 due in one year with interest of 10%.  There was mention of the Northern Pacific Railway made and some land was involved.

Portion of Chattel Mortgage 1899

Portion of Chattel Mortgage 1899

 “…a conveyance proper deed of the following described lands, situate in the County of Cass, State of Minnesota, to wit: – The northwest quarter of the Southwest quarter (NW1/4 SW 1/4) ____ seven (7) of Section No. Seven (7), township one hundred and thirty-seven (137) range twenty-eight (28); said contract being dated June 30th, 1897 and numbered R.15054. 

A Chattel Mortgage definition is taken from the Free Dictionary:

A transfer of some legal or equitable right in Personal Property as security for the payment of money or performance of some other act. Chattel mortgages have generally been superseded by other types of Secured Transactions under the Uniform Commercial Code (UCC), a body of law adopted by the states that governs commercial transactions.

The rights of the lender who gives a chattel mortgage are valid only against others who know or should know of the lender’s security interest in the property. Since the borrower possesses the property, others cannot realize that a chattel mortgage exists without notice. Each state, therefore, has developed a system for recording instruments showing the existence of chattel mortgages for particular items of property; these records are usually located in the county clerk’s office.

If a recording system is in existence a buyer is presumed to know about a mortgage. Once, therefore, the mortgage is properly recorded, the buyer obtains the debt in addition to the property.

This not all that Amarilla’s name would be on regarding deeds and court documents.  This is only the beginning.

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Something must have happened between November 1898 and May 1899 that set in motion the convening of a Grand Jury regarding the murder of George A. Barclay.

The jail registers for Cass County, Minnesota show that Louis Bebo and Joseph DeJerrold were there in the month ending January-February, 1899 time frame. They were only there from February 14, 1899 to February 23, 1899.  As far as I can tell there is no paper trail for this incarceration other than the jail register.  So who ordered this and how it came about is unclear.

On May 9, 1899 Andrew  Hayford and Louis Bebo were indicted for murder in the 1st Degree and a Bench Warrant was issued 10 May 1899.  G. Hardy, the Sheriff was ordered to deliver them to the jail at Brainerd, Crow Wing County. In the Cass County District Court Records of 12 May, 1899, is an entry about this bench warrant and the indictment for murder.

Grand Jurry

Grand Jury

The Grand Jury came together in June of 1899.  The case was called at the Collins Precinct, Cass County, June 16, 1899 at 10 am.  B.F. Hartshorn appeared for the prosecution.

Here is a summary of the purpose of a Grand Jury, but I don’t know if this is exactly what it was like in 1899 in Minnesota.

A Grand Jury works with a prosecutor to determine if charges are to be brought against a potential defendant.  Grand Juries are made up of up to 23 people and it can go on for months.  There are no judges only the prosecutor who explains the law and works with the jury to gather evidence and hear testimony…They need a super majority of 2/3 or 3/4 agreement. Even if the grand jury does not indict the prosecutor can bring the defendant to trial if there is a strong case. They have to prove to the trial judge that they have a case.  If they have an indictment they can go right to trial.   (See Findlaw for more information).

There were objections made by the defendants mostly about the warrant not being read and these were overruled.

These are the names on the Indictment for murder written on 9 May, 1899.

The foreman of the Grand Jury was a Wm. D. Welch. The witnesses were as follows:  J.H. Middleton, G.L. Hardy, Fred Yllander, Andrew Whiteside, Enoch McMahon, C.H. Workman, R.C. Workman, R.C. Workman Jr., Thomas Nelson, Mrs. Geo. A. Barclay, Geo. A. Weaver, Thomas Coble, Bertha Michelson, Frank Beck, T.D. Shay, Ed Coyle, W.A. Curo, and J.G. Dawes.

Here are summaries of what was in the testimonies and you will see that not all of them are included.

1.  C. Fred Yllander was up first.

Yllander gave testimony at the corner’s inquest in November 1899.  He worked for Barclay as the store clerk and bar keeper.

“I being present at the time about six feet from him.  I stood looking over the bar with my face toward him, I looked up when I heard the report of the gun.  I saw him try to raise, but he could not and fell, at this I went out side of the bar to assist him I saw he was bleeding.  I went to summon other aid, when I came back I found the bullet had entered the neck of the left side and came through on the other side.  He died in about thirty minutes.

Apparently there was a plat map (Plat A) which described the scene inside the house.  Yllander recognized it.  This drawing was not in the court documents.

The best that can be gleaned from the description is that the scene was in the southwest corner of the house which faces southwest. There is the bar room.  There are two large windows a dood (indicating stairs). There was a notation where the post was located. Yllander says that Barclay was sitting east of the door smoking a cigar with one foot under him.

The bullet went through Mar Barclay’s neck and lodged in the post in the center of the room, the bullet went in a direct line so as to enter the post after passing through Mr. Barclay’s neck. 

Yllander describes that there was a small round hole in the window east of the door about 5 or 6 inches from the lower corner next to the door in the large front window. There is a court 8 feet wide in the front and southwest corner of the house.

Yllander refers to Coyle as a defendant.  There is no record of Coyle being served a bench warrant for this crime.  He did get put in the Crow Wing jail about the same time as Bebo and DeJerrold for stealing whiskey from Mrs. Barclay.

Interesting that there were 25 to 30 people after the train came in.  Pine River was a busy place.

2.  E. F. Lynch undertaker D.M. Clark & Co.,

Mr. Lynch states that he resides in Brainerd. I am supposed to be an experienced hand at the business.  I had a State License.  I was called upon to prepare the body of Mr. Barclay for burial.  I went there Monday morning about 6 A.M…after he was shot.  I had to sew up the wound in order to keep fluid from escaping. I would take the wound to be a gun shot entering from the right side about four inches below the right ear and coming out about one inch below the left ear.  I don’t think the neck was dislocated.  I don’t think the bone was struck.  I consider he bled to death.  There was no blood coming out of the mouth.  He mentions that Coyle helped him with opening getting the casket from the depot.

There seems to a slight difference in the description of the trajectory of the bullet. Yllander said left side to right, Lynch said right to left.

3.  Mrs. George Barclay, wife of the deceased.

I was in the kitchen at the time he was killed.  I heard the report of the gun…I went into the room.  The report of the gun pulled me to the room, I saw Mr. Barclay lying on the floor.  I don’t think he was dead at the time, but he died on the floor before being removed.  I had not been in the room before that evening….

She goes on to state she knew various people like Bebo, DeJerrald, Coyle and Clapp.  There were incidents of intoxication, threats, words exchange but nothing that she felt was of concern.

4.  Joseph DeJerrald states pretty much the same as what he did at the coroner’s inquest.  He is a nephew of Bebo and had been living with them for the last three years which later he says four years. Bebo lives 4 miles from Pine River.  His testimony wanders so much that it makes it hard to follow him.

He states that he was going to the depot at the time of Barclay’s killing.  They then went to unhitch the horses at the corn crib, Bebo took his rifle to the depot and they put the team in the old barn and got feed for the horses.  As he was putting his gun in the depot someone came in and said Barclay was shot.   He references his time in jail with Bebo back in February and mentions his uncle is now in jail in St. Paul.

 5.  Ed Harris was a new witness.  He lived in Walker and he talks about Clapp, Bebo and blurts out that the Indian’s did it and murdered Barclay.

6.  George L. Hardy, Sheriff of Cass County.  Frank Breese Deputy Sheriff from Cass County testified at the coroner’s inquest.

I know of the death of Mr. Barclay.  I am Sheriff of Cass County.  I was at the inquest.  I subpoenaed witnesses. I made examination of the premises.  I have seen this drawing before.  I and Mr. Middleton made these drawings.  This is a plan of the Hotel, Saloon and store.  I saw the hole in the window. 

I have the bullet in my possession.  It weighed 210 grains when taken from the post.  It corresponded with a bullet from a 38-56.  I examined Bebow’s gun, it was a 38-56 Winchester.  I got some of the bullets he used in his gun.  The 38-56 factory made bullets weigh 255 or 256 grains.  This bullet when it came from the post was badly battered up on the front end and along the side.  The butt end was not battered.  

Mr. Hardy believed the bullet from the post was similar to Bebo’s bullets. From this point Mr. Hardy meanders around about his conversations with Clapp and Coyle at the inquest, in February and others.  There is nothing about what happened at the time of the shooting at the actual scene of the murder.

7.  J. G. Dawes is a witness.

I am not a detective.  I am manager of the Barclay estate with view of taking the daughter’s interest. I have been there since about the middle of February.  I was in the employ of the North Dakota Milling Association… I sold them a car of feed and remained there over night…

Apparently J.G. Dawes went to St. Paul May 10th and talked in private to Bebo.  From his visit he took on the role of assisting Bebo with his earthly possession which were to be distributed among his children.  Dawes say that Bebo  implicated Clapp and Coyle as being the means of killing Mr. Barclay…that Clapp and Coyle were the principal men that caused the killing of Mr. Barclay.  Bebo denied he killed Barclay.  Dawes finished with we had possibly an hours conversation but nothing else bearing on the matter. 

The court adjourned:

Apparently the court was adjourned until Monday morning, June 19th, 1899.  State rests and the defendants move to dismiss the defendants on the ground, that form the evidence no public cause has been show that defendants or either of them committed the crime charged or any other crime. 

I am frustrated because I can’t figure out if Clapp or Coyle were ever arrested for this crime.  There is no examination of Andrew Hayford nor of Bebo at this Grand Jury and I am not even sure they were present.

The above are of course extremely stripped versions of the testimonies of these witnesses.

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Jefferson G. Dawes

Jefferson G. Dawes

J.G. Dawes first appeared in Pine River around the end of 1898 or early 1899. He was a flour salesman and had come to Pine River to make a deal with George Barclay.

Jefferson G. Dawes would make a big impact on Pine River.  At the request of Grace, George’s daughter, he was going to be involved in the Grand Jury proceedings for George’s death.  He would be the major of Pine River and he would marry Amarilla.

J.G. was born on 7 March 1847 in New York. Tracking him from that date to 1898 reveals nothing in the Minnesota census nor the U.S. Federal. Single men are hard to trace.  His parents were James Daws and Mary Ann [Sooderhaus].  I will share more about J.G. in a future post.

Looking at his photograph, I think that J.G. must have been the kind of person that you would notice.

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The coroner’s inquest and the testimonies of the witness imply that George disinherited Grace, his daughter, but that was not true. He threatened to but never really did.  George was not happy about her marriage.  They did have words but according to Grace they reconciled before his death. It turns out he didn’t have a will.  His estate was “intestate.”

Amarilla was appointed the Administrator of George’s estate. She had not wasted anytime in getting the probate process started.

The beginning stages of the probate process for the estate of George A. Barclay takes place at the end  of 1898 in Cass County, Walker, Minnesota.  

1. Application of petition of the Estate of George A. Barclay by Amarilla on November 1, 1898 . The personal property of said deceased does not exceed $5,000.  She is appointed Special Administrator with a bond of $8,000.

2. Order for Hearing and Notice of Application for Appointment of Administrator – November 7, 1898:  Appearance before the court on 8 Dec 1898 at 10 o’clock at Walker. In addition an order to publish once a week for three weeks in the Walker Pilot is included as required by law.

3. #1065 Order Appointing Administrator – December 8, 1898 – Amarilla is appointed on the petition of E.R. Sundberg. The bond was $15,000.

Amarilla is appointed the Administrator of George's Estate

Amarilla is appointed the Administrator of George’s Estate

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After the Coroner’s inquest returned their verdict of “undetermined” in the death of George Barclay the funeral was allowed to take place:

Minnesota Dept of Veteran Affairs website of Memorials

Minnesota Dept of Veteran Affairs website of Memorials at the State Capitol Complex

“The remains were brought to this city today and were met at the train by friends and Pap Thomas Post No. 30, G.A.R. under who auspices the services were conducted, the murdered man being an old soldier and member of this post.  

The funeral services were conducted at the Episcopal church, Rev. C. F Kite officiating. The remains were interred in Evergreen Cemetery. The deceased leaves a widow and one married daughter to mourn his death.”  From the Cold Blooded Murder article Nov 3, 1898. 

Another version of the funeral:

“The remains were brought to Brainerd on Thursday morning for interment and the funeral took place at 11 a.m. from St. Paul’s Episcopal Church, Rev. C. F. Kite conducting the services.  The members of Pap Thomas Post, G.A.R. and the Women’s Relief Corps, met the funeral cortege at the station and marched with the procession to the church and thence to the cemetery.” From Cowardly Crime article Nov. 5, 1898.

See post dated November 28, 2013 “Cold Blood Murder and Cowardly Crime – November 1898,” for the complete articles.  

Alexander, George’s brother had heard of the shooting.  So he left his home in Farmington, Dakota County, Minnesota to attend the funeral on November 3, 1898. The brothers had served in the Civil War and were G.A.R. (Grand Old Army) members so I know that he would have wanted to attend and be part of the G.A.R. processional.

Source:  Local News – A.A. Barckley started for Pine River, Dakota County Tribune.

A.A. Barckley started for Pine River Wednesday morning to attend the funeral of his brother, who was shot there Saturday.

Alexander attends George's funeral

Alexander attends George’s funeral

The newspaper combined the murder events with the funeral and didn’t prepare a separate article on the events of the funeral of George A. Barclay. Unfortunately the G.A.R. Chapter that George was a member of lost their papers in a fire in about 1910, so I was unable to obtain anymore details on the funeral of George.

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The Coroner’s Inquest regarding the murder of George A. Barclay took two days.  On the second day a verdict was issued and it was recorded in the Register of the Coroner, Cass County, Minnesota.  It appeared in the newspaper the next day.

Register of Coroner's Inquest

Register of Coroner’s Inquest

Source: The Register of Coroner’s Inquests, County of Cass, State of Minnesota, in the Matter of the Inquest held upon the body of George A. Barclay, by E.R. Sundberg, acting Coroner of said County.

Nov. 2, 1899: Oct 31, the following jury was impaneled J.B. Spencer, B. O’Connor, Peter Dennis, John A. Wilson. Jury sworn and examination opened.  Verdict of Jury: That the said George A. Barclay came to his death on Oct 29, 1898 between 7 & 8 P.M. O’clock while sitting in his Hotel office by a bullet passing through his neck from a gun or revolver in the hands of some person on the outside of the building and to this jury unknown.  In testimony whereof the said coroner and jurors of this inquest have hereunto set their hands the 2nd day of Nov. 1898.   John King, Foreman, R.D. Holden, P. Dennis, John A Wilson, J.B. Spencer, B. O’Connor.  E.R. Sundberg, Justice of the Peace, & Acting Coroner. 

The following appeared in the Cass County Pioneer on November 3, 1898

“The Coroner’s jury sitting over the remains of Geo. Barclay after a two day session brought a verdict as follows:  We find that deceased came to his death by a gun shot wound inflicted by some party unknown to the jury.” Particulars next week.”

The next week issue for November 10th was missing on the film at the Minnesota Historical Society.

There is no official death certificate for George A. Barclay at the Cass County Courthouse per my personal investigation. After George’s death,  Amarilla tried for his Civil War pension on several occasions and below is an affidavit that described the death of George A. Barclay several years later.

Bertha Michelson on February 25, 1901 made this statement, she knew George about 4 years.  It is interesting to me that she was not among the witnesses at the Coroner’s Inquest?

That she was well acquainted with George Barclay deceased for a period of 4 years before his death.  That in the evening of October 29th, 1898, about half passed seven o’clock said George Barclay was shot and killed by a person unknown at the time he was sitting in a chair in his own house.  I heard the report of the gun saw him fall and he expired on the floor where he fell. The ball passed through his neck.  The shot was fired from outside of building and was fired through a window.” 

It could be assumed that this would be the end of the investigation of George A. Barclay’s death, but it was not.  A Grand Jury would be called in May of 1899 and then in May of 1900 there would be a trial.  There was more events to come in this sad tale.

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