Rensselaer Union, Volume 6, Number 1, Rensselaer, Jasper County, 25 September 1873 — The McCullough Murder Trial. [ARTICLE]

The McCullough Murder Trial.

Office Attorney Genkrai., Indianapolis, September 17, 1873. Hon. S. P. Thompson, Prosecuting Attorney 30th Circuit, Rensselaer, Indiana: __ __ Sir—l notice in the public press an account of the trial, conviction and sentence to imprisonment for life of Janies L. McCullough, for the murder of William C. Morgan, in 1865. This triumph, as clearly evidenced by the testimony, in bringing the murderer to justice, after the lapse of more than eight years, is worthy of the highest commendation; and your untiring efforts in collecting the evidence and prosecuting the case to a final and successful termination, will unques.ionablyreceive the heartiest approval and good will of the relatives and friend of the murdered man, as well as all good, law-abiding citizens. Yours, respectfully, J. C. Denny, Attorney General.

Mr. Thompson: Dear Sir: The Attorney General has been kind enough to show me the within letter, and he permits me to endorse my approval of what he says. I felt it very important that the ease should be successfully prosecuted, and I congratulate you on the result. The party was evidently guilty, and his conviction will be a terror to evil doers, for they Will feel that the law pursues them to certain conviction and punishment.— In this case you have well and successfully served the public. Very respectfully, T. A. Hendricks.

Rensselaer, September 13, 1873. Mr. James C. Denny, Attorney Generai, I ndianapolis, Ind iana: The trial of James L. McCullough for the murder of William C. Morgan, began in tlie Oxford Circuit Court on Thursday, the 4 th, and the jury returned a verdict of "guilty” at eleven o’clock on Tuesday, the 9th; and at eight A. M., on the 10th, sentence of imprisonment for life was passed, and at eight P. M., the Warden’s receipt was dated. The State examined thirty witnesses and the defense two. The State was represented by the writer and the defense by the Hon. R. C. Gregory and Col. R. P. DeHart. — The State showed the following facts: The finding of a skeleton, showing on the skull a contused or punctured wound in the right parietal bone, as if made by a bullet passing through and emerging in forehead, and a deep incised wound a little to the center of the skull in topasif madewith an axe. These w ounds were shown by experts to have been inflicted before death or very soon after, and that either one was necessarily fatal. The skeleton showed that the right lower molar tooth was extracted and two ribs broken before death. The medical testimony proved the bones to be human; a male about thirty-five years of age;siX-feethigh;aCaucuassian,and addicted to the use of tobacco. The finding on the prairie, near the vicinity of the skeleton, the folio wing articles: One white wagon cover, six wagon-bows, an axe, a pair of boots, a well worn horse collar, one money belt, one round bridle rein tied up as if it had been used to drag some animal, one pipe with human face on its front, a pocket rule, a small comb, a case knife, a two-bladed pen-knife, etc., etc. We proved that the defendant (McCullough) had in his possession within the past six weeks after the alleged death of Morgan, the following property: One roan gelding horse, one roan stallion, one wagon, one set of harness, one desk, one gun, two revolvers, one shovel, a fine coat, vest and pants that did not fit well, silver and paper money in abundance. William C. Morgan left Grant county, Indiana, in September, 1863. He was born in 1829; was a tanner by trade; was six feet one inch high, and much addicted to the use of tobacco. He went to Dunn county, Wisconsin, arriving in October of same year, bringing with him a roan gelding, a roan stallion, and a covered Wagon. Morgan remained near Menomonie, Wisconsin, until May 5, 1865, when he left to return to Grant county, Indiana, having then one tooth gone, a painful hurt on his right side, made by falling from a horse some five months before, the same team, wagon and harness. A witness who aided him to pack up gave an inventory of his property corresponding with what had been found on the prairie with the skeleton and in possession of defendant without a discrepancy. The defendant (McCullough) under the alias of James Thompson, in January, 1865, left Indiana as he stated a deserter from the army, and went to Wisconsin, enlisted in the 54th VX isconsin regiment bv the name of James Leonard, “jumped the bounty, worked for a man by the name of Harrington near Cedar Falls until May 5, 1865, when he started with

Morgan to Indiana in the covered wagon, the contract between them being to camp out, and each to bear an equal part of the expense. The defendant was seen in early June at Oxford, with wagon and team: ate his dinnerat blacksmith shop, and started toward Stockwell. Here ne was seen trying to sell team, Wagon and horses; again at Rockport, Indiana. He drove to Henry cpulity, and came back with his wife, and then left for the .West with same team. He reached the house of witness, Calvin White, July 3, 1865, in possession of the property detailed. In September , 1866, at the instance of Joseph Morgan, father of the murdered man, the desendant was arrested in Henry county, Illinois, on a charge of larceny; and in March, 1867, was convicted of stealing "one roan stalliofT horse, one wagon, one gun, one desk and one set of double harness, the property of Wm. C. Morgan,” and sentenced to Joliet Penitentiary for six years. In December, 1867, the skeleton was found, and a coroner’s inquest held, and in March, ,1868, sft . indictment was against the defendant for murder of William C. Morgan isl twO;Cotints; one alleging death caused by Blows from an snd the other by a gunshot wound, at the hands of defendant. The hopes of conviction seemed then to be small, and the defendant was allowed to remain in prison.— His time having expired in December, 1872, he was arrested in Henry county,. Indiana, on the indictment and lodged, in the Oxford jail, from which he es>. caped in 1873, and a reward of S7(W being offered for hi* r-carrest, he was captured near Middletown, Indiana, where be remained until the time of trial, having made a desperate and well-nigh successful attempt to escape in the latter part of August, 1873. He refused to give any account of how lie procured the property found in his possession. Spoke to a fellow prisoner in Oxford jail of tbe evidence being very strong against him. Told Henry Wor!, a convict in Joliet, that he killed Morgan but there was not evidence sufficient to convict hlm„ and frequently expressed an uneasi--ness as to his fate, and after leaving the penitentiary he adopted two' aliases, to-witt Davis and Mangan. The .State having ghown the circumstances, motives,-occasion, means, probable pretence' of accused, a clear corpus delicti possession of fruits of the crime, changing of his name, direct and indirect confessions of th®' defendant, the venue and defendant’* escape and attempts to evade trial',, rested. The defendant presented noline of excuse or denial; refused to’ testify, and the case went to the jury. The instructions of the court were mostly prepared by tire defendant’s counsel, at least the court gave defendant’s instructions in full. The jury were out two hours and returned a verdict of guilty. The spectators without dissent affirm its justice, and the defendant is now working out a just sentence for one of tire most atrocious murders ever investigated.— Credit is due Jonathan Kalb, Coroner, for care in preserving the skeleton and articles found, and to Joseph Morgan, father of deceased, for his patient work and the expenditure of his fortune in bringing about a triumph for law and order. The convict should be carefully watched and never pardoned, as there is only a very remote probability wf his reformation.

S. F. THOMPSON

Prosecuting Attorney, 3tHli Circuit.