James William Case Sr. (1818 - 1892)

Born 1818 in Mifflintown, Juniata, Pennsylvania, United States

Ancestors

Descendants

Died 27 Dec 1892 at about age 74 in Des Moines, Iowa, United States

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Biography

PVT William Case Sr. served in the United States Civil War.
Enlisted: Nov 5th, 1862
Mustered out: April 30th, 1863
Side: USA
Regiment(s): Company A 35th Enrolled Missouri militia

Missouri State Flag - Animated

James William Case Sr. was born in 1818, in Pennsylvania, United States. He married Mary Ann Lucy Mitchell in 1845, and they lived in Fairmont, Virginia, in the far northern corner of what would be, after 1863, West Virginia, United States.

Fairmont, Virginia is where children James Jr., Christopher C. Case and Lucy L. (Case) Allen were born.

By 1860, they moved to Brunswick Township, Chariton, Missouri. Two more children were born after they arrived, sons Benjamin and Frank. ^[1]

On Nov 5th, 1862, William was enlisted in the Civil War to serve under George W. Cunningham, where he served 170 days in Brunswick.

More on Son's Military Service

From a Biography shared on the Hanna Basin Museum website. ^[2] "As the Civil War was underway, William had served in 1862 in the 35th enrolled Missouri militia and it was soon time to send his son into the military, too...

Timeline Notes

1850 US Census, Marion county, Marion, Virginia, United States ^[3]

William Case and wife

Mary Ann Mitchell

James W. Case age 3.

By 1860 United States Census, Brunswick Township, Chariton, Missouri, United States. James and Mary Ann have a few more children.

James William Case b. 1847 Marion Co. VA

Christoper Columbus Case b.1852 Marion Co., VA.

Lucy Lee Case b.1856 Marion Co. Va

Benjamin Franklin Case b. 1859 Chariton Co, Mo

Franklin S Case b. 1868 Chariton Co., Mo

In 1870 United States Census, Township 53 Range 20, Chariton, Missouri.

William Case 52

Mary A Case 52

Columbus Case 18

Lucy V Case 14

Benjamin F Case 11

Ellis B Mitchell 49 (Related to Mary Ann).

Grave Robbers

William James Case Sr. died 24 Feb 1893, and his body was identified by his son. He was buried in Woodlawn Cemetery in Des Moines, Iowa. On Feb 25th, 1893, a party of men was arrested for dragging the soldier's body to a hack.

More News Clips

Overton, Shafer, Sloan, Martin & Burris

Caught in the Act. Dr. Overton, of Drake University, and Four Others Arrested at Des Moines for Grave Robbery

Des Moines, Ia., Feb. 24 - A party of grave robbers were arrested between 2 and 3 a.m. Thursday as they were coming out of the Center street entrance to Woodlawn Cemetery.

The party consisted of Dr. J. W. Overton, dean of Drake university, medical department; John W. Shafer, of the United States signal office in this city; John G. Sloan, son of Liveryman Sloan, and J. W. Martin and W. E. Burris, laborers. They had the corpse of an unknown man in the hack.

Elkhart Weekly Review, Elkhart, IN, published Thursday, March 02, 1893; submitted by cddd^[4] HE STILL STANDS CONVICTED The Supreme Court Yesterday affirmed the Opinion of the Polk County District Court. Lower Courts' Decision Is Affirmed Schaffer Is Not to Be Found and He May Yet Escape. None of Those Infamous Grave Robbers Were Ever Brought to Justice-Other Decisions In the Supreme Court. the Fuller- He Vlcks- of A HISTORY OF SCHAFFER'S CASE.

State of Iowa vs. John W. Schaffer, appellant; Polk County, W. F. Conrad, Judge. Affirmed; opinion by Justice Rothrock. This is the well known case where an old soldier's grave was desecrated In Woodland Cemetery, and the body dragged out by a rope tied around the neck. The public was much aroused by the work of the scoundrels, and there was a general Interest taken In the case. History of the Case. Between 10 and II o'clock on the night of Feb. 22, 1893, Nathan Freeman, a typical cab driver, walked Into Captain Morgan's office at the central station, and said: "I. drive for T. J. Sloan, the livery man at 214 Ninth street, at Grefe's old barn. About 9 o'clock I was told to report at the barn at 12 o'clock. They told me that I was to drive a party of men to Woodland cemetery, as they were going to rob a grave. Sloan gave me a watch so that I would not be late and told me to get a gun. I didn't like to do It. I was afraid I would get caught, and yet I did not want to lose my Job, for I am a poor man, so I went to see my brother-in-law, V. Freeman. I live at his house, 1227 Twenty-first street. I told him about It, and he said I should not do It. We then saw Sherm Hartle, of 723 Nineteenth street, another "cabby," and he said I ought to tell you, and so I did." That was the boy's story. The captain at once called Sergeant Butin and they held a consultation. Young Freeman was told to go and keep still and the captain called a cab. They waited until 12:30 and then started for the cemetery. Shortly after 1 a. m., they stopped at the lodge at the cemetery gate where Superintendent T. B. Robinson lives.

They consulted with him and he advised them to go around the cemetery to the north- cast aide, near the potter's field, as that was probably where the ghouls would make the attempt. They drove the cab down Into a secluded nook and proceeded on foot until they saw dimly outlined In the darkness a cab with a driver on the box standing motionless before them.

Suddenly Captain Morgan stepped up to one side of the cab and pointing his loaded revolver at the cabby's head, said: 'Hold up your hands! Not a word. If you value your lifer' He threw up his hands and as the released lines fell upon the sleepy horses' backs they started. Instantly Sergeant Butin gently took hold of their bridles and quieted them. Quickly Captain Morgan crouched down beneath the cab, while the sergeant secreted himself behind the horses.

There they waited. Soon they faintly heard footsteps coming from the cemetery. A man, John Sloan, emerged and climbed onto the box with the driver with the low words, Hello, Bill, we did that Job up fine." He received no response, and before he could question his friend for his silence he was covered with a revolver and ordered to keep still.

Soon afterward Dr. Overton came through the gate and entered the cab. As he did so he told the man to drive on little way. At the same time the cab door on the opposite side was opened and Capt. Morgan covered him with a revolver and ordered him to keep still. He made a movement for his gun but it was frustrated and he succumbed. Close upon his heels came two more men dragging the nude body of a corpse behind them.

They were John W. Schaffer and J. W. Martin. They had a rope knotted around the neck of the corpse. The rope was fastened to the neck with a slip knot and then passed under the arm. As they came through the gate the waiting officers covered them with their revolvers and ordered them to throw up their hands.

They quickly compiled and the officers ordered the three men to get into the cab and take the body with them. They had considerable difficulty in stowing away the body as it was partially frozen. Captain Morgan ordered Sergeant Butin to walk at the head of the horses while he with his ready revolver walked behind. He told the prisoners If they made a move to get out of the cab or tried to frighten the horses Into running away, he would shoot and shoot to kill. In this manner, the mile and a half Journey to the central police station was covered. The last arrest was made about 2 and the officers reached the station about 4 o'clock. The men were searched and upon them was found two double action revolvers, showing that they meant to defend themselves if necessary, and possibly add the crime of murder to their already stained reputations.

The men arrested were: John W. Overton, M. D., instructor at the medical department of Drake University. John W. Schaffer. Observer at the United States signal service station. J. W. Martin, hostler for Harry Huegle, of Fifth street. John E. Sloan, night foreman at his father's, John E. Sloan's, livery barn, at 214 Ninth street. W. E. Burris, of 611 Cherry street, son of L. E. Burris; a cab driver for Sloan.

None of these four men have yet been brought to Justice and It begins to look something like they will never be. Dr. Overton skipped and left his bondsmen In the hole, Schaffer Is now convicted, but he Is not now in this state and for all the officers known none are in the United States and the others were not prosecuted.

Shaffer was indicted for disinterring a human body from its place of burial and carrying It away and upon trial he was found guilty. He then appealed. At the time of trial Judge W. F. Con rad instructed the Jury In substance that where one who has disinterred or removed a dead body from Its resting place, seeks to Justify the act he must show that he had a lawful permit from the state board of health, and that the defendant In this case having failed to show that he had a permit It should be presumed that he did not have any.

It was urged on behalf of the appellant that the court erred In directing the Jury that the corpse was under the control of the state board of health. The Supreme Court says: "If it be conceded that the Instructions complained of were erroneous they were clearly without prejudice because It was not Incumbent on the state to prove the negative fact that the defendant had no lawful authority to do the act." The Des Moines Register Des Moines, Iowa 03 Oct 1895, Page 6

• Fact: Residence (1850) Marion county, Marion, Virginia, United States
• Fact: Residence (1860) Brunswick Township, Chariton, Missouri, United States
• Fact: Residence (1870) Missouri, United States
• Fact: Burial (27 December 1892) Fort Des Moines, Polk, Iowa, United States

Sources

1. ↑ https://familysearch.org/ark:/61903/1:1:M8D8-D91 1860 US Census
2. ↑ https://web.archive.org/web/20150922070252/http://www.hannabasinmuseum.com/james-w-case---civil-war-cavalryman.html
3. ↑ https://familysearch.org/ark:/61903/1:1:M8D8-D91 1850 Census
4. ↑ http://genealogytrails.com/iowa/polk/news_01.htm Overton, Shafer, Sloan, Martin & Burris Elkhart Weekly Review, Elkhart, IN, published Thursday, March 02, 1893; submitted by cddd

• "Family Tree," database, FamilySearch (http://familysearch.org : modified 15 September 2023, 02:21), entry for James William Case Sr. (PID https://familysearch.org/ark:/61903/4:1:9H3D-KDF ); contributed by various users.
• https://familysearch.org/ark:/61903/1:1:XV9Z-J5Y son Frank's marriage record