The Murder of Joseph Warren Curtis

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Joseph Warren Curtis was known to his family as Warren.  He was born on January 22nd, 1866 in Hazel Green, Iowa to Peter and Martha (Metcalf) Curtis, the ninth of twelve children.  By 1872, when little Warren was only six years old, he had already lost two brothers, a sister, and then his mama.  What a hard time that family was having!  In 1875 another sister died, and then another brother in 1880.  So much grief.

Warren didn’t marry until he was 29 years old.  On June 30th, 1895 he married Mary Myrtle Osburn in Council, Idaho.  The couple moved to Harney county, Oregon where, in 1897 they welcomed a baby daughter, Dora Belle.  Just a few short years later, Warren’s life was cut tragically short when he was murdered by horse thieves in his own barn.

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Burns, Oregon

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A letter written home about to the parents from Warren’s brother, Van S. Curtis , and reprinted in the Ryan, Iowa Reporter ~

From the Ryan, Iowa Reporter.:

April 3, Manchestor Press

Warren Curtis Murdered.

Ryan Reporter–P.P. Curtis is in receipt of the following letter which gives the particulars of the cruel murder of his son Warren:

Burns, Washington, March 27.(It says Washington in the newspaper, though this should be Oregon.)  Dear Father and Mother — It becomes my sad and painful duty to inform you of the premeditated and cold blooded murder of dear brother Warren on the night of March 22nd.  The trouble arose over a colt and on that night three men came to the barn and made a noise.  Warren thought one of the horses was down, so he went to the barn where he found three men and recognized them as James Caldwell, George Miller, and Has Hase.  He said to Caldwell “you have done me a dirty trick to have come to my house at night.”  He went back to his house after his gun and his wife prevailed upon him not to shoot anyone and he  promised that he would’t but just wanted to scare them.  He went out and ordred them off the place, when one of the men who was in hiding shot him with a double barrelled shot gun, four charges entering his body, two in the back and two in the breast and at the time was forty feet distant from his murderer.

Warren never shot at all and only lived a few minutes.  They telegraphed me but I did not get the message until 4:30 on the 23rd.  I was on the road an hour, the distance from where I live to Burns being 130 miles. The stage had been gone about six and one-half hours when I started on horeseback.  The roads were bad and it was snowing in the mountains.  I traveled all night and rode three different horses and had gone only 65 miles by daylight.  From there the road was better and after breakfast I got a fresh horse and covered 50 miles before sundown, and then waited one and one-half hours for the stage.  I was in the saddle for about 25 hours.  I got there on the night of the 24th and he was buried the next day.  He belonged to to the Odd Fellows lodge and was Noble Grand up to a few days before his death.  He leaves a wife and little daughter who are nearly crazed by grief.

I have hired a very able lawyer and have worked night and day on this and think we have a clear case.  The name of the man who did the shooting is George Miller and he is wealthy. He also has scoured two good attorneys.  The preliary hearing will be on April 1st and the district court convenes April 21st. I will send you a paper and keep you posted on the case.

Very Truly yours,  V.S. Curtis.

The unfortunate young man was a former resident of Hazel Green township and his many friends will be sorry to learn of his untimely death.  The parents have the sympathy of the community in their hour of trouble.

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From the Eugene Guard – April 4, 1902

Harney County Killing 

A Grandson of Zeke Bailey, the Lane County Pioneer, an Accomplice to the Killing

The Burns Items of March 22, has an account of a killing over a colt, Warren Curtis, a settler near Narrows, being the victim.  George Miller, James Colwell and Bert Bailey are under arrest, charged with the crime.

It appears that the parties to the killing went to Curtis’ home at night and made a disturbance about the barn.  Curtis went to the barn but returned to the house and told his wife who the men were.  He then took a 22-caliber rifle and arriving at the corral ordered the parties off his premises when Miller, who was standing behind a post about fifteen paces distant, fired five shots from a shotgun into his body, the greater part of charges taking effect between the chin and hips.  The doctor who made the examination before the coroner’s inquest counted eighty-four distinct gunshot wounds.

Bert Bailey is a son of John Bailey and a grandson of Zeke Bailey, the latter a Lane county pioneer.
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From The Pacific Reporter – and the murder trial 
George S. Miller and others indicted for murder. Defendants Miller and another were convicted of murder in the second degree, and appeal. Reversed.
The defendants George S. Miller and James Colwell were jointly indicted with Bert Bailey for the murder of Joseph Warren Curtis, and convicted of murder in the second degree; Bailey having been discharged from the indictment during the progress of the trial. Briefly, there was evidence tending to show that shortly prior to the homicide Curtis had driven off the range a number of horses (among them, a mare and colt claimed by defendant Miller), and at the time had the colt in a corral upon his premises; that, on being advised of the fact by his codefendant Colwell, Miller went to the Narrows, 15 to 18 miles distant from his home, and near the residence of Curtis, where he was informed that the latter forbade him from coming upon his place; that he then took counsel over the telephone with an attorney at Burns for the purpose of ascertaining his legal rights in the premises, and was advised that he coule replevy the colt or take it wherever he found it, provided he was able to do so without committing a breach of the peace; that he, Bailey, and Colwell left the residence of the latter about 8 o’clock on the evening of March 22, 1902, gathering up several gentle horses on the way and taking them along, intending to turn the colt out of the corral and drive it away with them; that, to reach to corral, they cut an outer wire inclosure of Curtis, a third of a mile or more distant, Miller going ahead; that, when they had gone about half the distance to the corral, Curtis ordered Colwell and Bailey to take the horses off of his premises, and that they drove them back; that Miller was not aware of what had been done, nor of the presence of Curtis, until he came near the corral; that Curtis was armed with a 22-caliber rifle, and the defendant with a shotgun; and that several shots were fired, resulting in the death of Curtis. The killing is admitted, but defendants seek to justify it as an act of self-defense.
At the trial, three photographs of the deceased, showing the gunshot wounds, were offered and admitted in evidence over the objection of the defendants. One of the photographs shows shot wounds on the upper part of the left breast, about the shoulder, clavicle, and neck; and the other two portray numerous wounds of the same nature upon the back and left side. The purpose of introducing them was to show thereby the number of shots discharged upon the person, and that two of them took effect from the side or rear, in order to discredit Miller’s statement that he fired all the shots while Curtis was shooting at him.

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Oh my goodness.  It seems, like in so many cases, there was already some bad relations between Warren and his murderers.  Did Warren steal George’s colt?  Or is that a story that the defendants came up with in order to justify the murder?  I feel terrible for the wife and daughter who were in the house while this was taking place.

(Joseph Warren Curtis is my 3rd great-uncle.  He is the son of Peter Preston and Martha (Metcalf) Curtis and ancestors of my grandfather, Rolin Clay Simmons.)

 

Peter Preston Curtis

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Peter Preston Curtis was born on February 11th, 1825 to Van Rensselaer and Elizabeth (Dolin) Curtis in Kanawha City, West Virginia.  I believe he was the oldest child of nine.

Some records show him as Preston Peter and others simply refer to him as PP.  For our story today, I’m going to refer to him as Peter.  I don’t have a picture of Peter himself, only one of his headstone.  I wish I did!

Like I mentioned, Peter was born in 1825 in Kanawha City, West Virginia which is now a neighborhood in the city of Charleston, West Virginia.  It is part of Appalachia.

At age 21, in 1846,  Peter married Martha Jane Metcalf right there in Kanawha City.  His mother passed away that same year at the young age of 43.

In April of 1848, Peter and Martha welcomed their first daughter, Lucinda Jane, who became my great-great-grandmother.  The 1850 census found the family living in Boone, West Virginia, which is a big coal mining area,though Peter was listed as a farmer.  That same year, Peter and Martha welcomed a son, Lorenzo Dow.

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More children were born over the years, then the family picked up and moved to Iowa in 1852, settling in Delhi in Delaware county, which is where they were living during the Civil War.  They moved to Hazel Green, Iowa about 1870.  (Keep reading, there’s way more to the Peter’s story!).  Martha passed away in 1872 at the age of 41 years, leaving Peter a widower.  He then remarried in 1874 to Electa Malroy Worley, herself a widow with children.  Peter lost quite a few of his children, one son murdered by horse thieves, before he himself passed away on February 5th, 1908 at the age of 82. He is buried in the Golden Prairie Cemetery in Ryan, Iowa.

So far, Peter’s story is dry.  Lots of dates and facts.  Please keep reading to put a man and his belief’s to the name.

From Delaware and Buchanan Counties History – Written in 1890

Preston P. Curtis is a native of Kanawha county, W.Va., and was born February 11, 1825. His father, Raneil (spelling?) Curtis, was born in Rensselaer county, N.Y. He removed to Brown county, Ohio, in an early day, and thence to the salt district of West Virginia. He was a farmer. He was born in 1800 and died in 1866. He was an intelligent man and quite prominent in local affairs. The mother of our subject was Elizabeth Dolin, a native of Virginia, and died in 1846. She was a member of the M.E. church and the mother of fourteen children, seven of whom are living.
Preston P. Curtis was born in a log cabin about sixteen feet square. He attended school one hundred and five days and went to five different school-houses. He walked two miles to log school-houses, with puncheon floors, slab seats, no windows, fire-place with chimney on outside. One of his teachers has since become Bishop Lewis Davis, of the United Brethren church, who died in Iowa a few years ago.
Mr. Curtis came West in the fall of 1852 in Delaware county, Iowa. He came by steamer down the Ohio and up the Mississippi to Dubuque, from which place he walked to Hopkinton. He located in the southeast corner of Delhi township, where he purchased a quarter section of land, for which he paid $2.50 per acre. He chopped and grubbed to get money to pay for his land. He had only $15 when he arrived in this county, and $10 of that he paid for doctor bills. Wild game was plentiful in those days, and Indians frequently visited the few scattering settlers to beg food and feed for their ponies. He built a log house and prepared to live in true pioneer style. In 1870 he removed to Hazel Grove township, where he bought land.
Mr. Curtis was married, October 15, 1847, to Miss Martha Metcalf, who was born in Virginia. She was a daughter of Samuel and Drusilla (Turley) Metcalf, both of whom were born in Virginia. Her father came to Delaware county, where he lived some time. He removed to Leavenworth, Kans., where he died in 1876.
The offspring of this union were thirteen children – Lucinda J., Lonzo D., Diana O., Lewis M., Noah W. (deceased), Van S., John R., George W., Joseph W., William S., Nathan D., and one died in infancy. His first wife died February 21, 1872.
He remarried in 1874, to Mrs. Electa Worley, who was born in Indiana September 28, 1828. Her father, John Malroy, was born in Hancock county, N.Y., April 20, 1794, and is still living, at the age of ninety-six years. He immigrated to Perry county, Ind., in 1811, when that country was full of wild animals and Indians. He came to Iowa in 1845, settling on Grove creek, in Delaware county. He pre-empted his first land and carried on farming as long as he was able.
The mother of Mrs. Worley (Malroy) bore the maiden name of Cynthia Lamb, and died in 1887, aged eighty-seven years. She was a kind-hearted woman, and organized the first Sunday-school ever held in Delaware county. Mrs. Curtis was married to Joseph Worley in 1846, who died September 12, 1867. Ten children were born of this union, viz.- Mary, Martha, Hattie, Liza, Frank, Daniel, Margaret, Susan, Charlotta, and Charles. Nine living.
Mr. Curtis was a whig before the birth of the republican party. He has never been actively engaged in political matters, but seldom fails to vote. He left Virginia because he became disgusted with the practice of slavery.
Mr. Curtis owns a fine farm of two hundred and twenty acres of land in Hazel Green township, and has been one of the most successful farmers in the county. He retired from active farm work in 1888, and has since been taking life easy.

Another ancestor that I wish I could sit down and visit with!

(Peter is my 3rd great-grandfather.  He is the father of Lucinda Jane Curtis, who is the mother of Martha Almeda Rowe, who is the mother of Rolin Clay Simmons, who is the father of my own mother.)