OFFICER JOE
SEYLLER
Very few people over on 413 George Street Peoria , Illinois
A well-liked, efficient
officer, Joe lived over on 413
George Street George Street France
and Germany and most of them
settled up in Henry
County
A decade or so later whiskey
was king, followed by beer in the city, and President Greenhut announced his
plant could produce 100,000 gallons of alcohol a day.
In 1894, Birkett’s Hollow
was named Glen Oak Park
Lydia Bradley formally gave
the newly formed Peoria Park District her land, which then became Bradley Park.
The park was named after her
daughter, Laura who died when she was a teenager.
Josiah Fulton died, a
wealthy and admired early settler here in Peoria, Illinois Peoria
President Mckinley is
elected and the early period of time in 1984, the name “The Mauve Decade”
caught on across the United
States Peoria
Frank Lewis just opened up
his cigar factory making Peoria ’s own ‘Havana Main Street Peoria Heights
JOE’S FINAL PINCH
Officer Joe knew the people
in his neighborhood and made it a point to know about them. His friendliness
paid off on more than one occasion as he went about his daily rounds.
In fact it was from one of
these sources that he first heard that the eighteen-year-old Hopmeyer boy was
out at his father’s home over in Bartonville.
Officer Joe had tried to
arrest Husel Hopmeyer Jr. on more than one occasion but was told that the boy
‘was out of the country.’ Later Joe found out that that meant the boy was
staying with an uncle in Montezuma ,
Iowa
The first thing Joe needed
to do was to call his sergeant
who was on duty at police
headquarters. Sergeant Sloan gave Joe the permission he needed but warned him
about the senior Hopmeyer. “Joe you better take Officer Shane with you. I’ll
have him meet you over there at around 6:30.”
Joe didn’t think he needed the help of another officer, but let the
appointment stand. He went over to his
home on George Street
It was about 6:30 P.M.,
Saturday November 3, 1894 when Officer Joe and his brother-in-law pulled up in
front of Jack Hill’s Saloon. Officer Joe told Schmidt to hold onto the horses’
reins and stepped inside to talk a moment with Jack Hill. Moments later he came
out, waved at Schmidt and entered the tavern of Husel Hopmeyer Sr.
Scmidt stood watching after
his brother-in-law waiting patiently to pull the horse and buggy closer when
Joe emerged. The horse flipped his ears as Schmidt heard the report of a shot,
somewhat muffled, but Schmidt was certain it was a shot and it had come from
inside Hopmeyer’s Tavern. Bang! The horse backed up just as another shot rang
out, bang! Schmidt dropped the reins and
took off running toward the sound when two more cracks of the shot rang out.
Schmidt raced inside and ran through the bar to the rear where the private
rooms of the owner were.
Scmidt screamed as he saw a
man lying crumpled on the wooden floor.
“Joe! Joe! Oh God…Joe!” Schmidt
bent over lifting the dying man’s head up cradling it in his arms. “Joe, hold on! Hold on!” Schmidt looked into
his brother-in-laws face and spoke again. No response. Officer Joe Seyller was
dead. End of watch for Badge #9, 6:45 P.M. 11-3-1894.
OFFICER DOWN!
Schmidt called the police
station and reported that Officer Joe Seyller had been shot. Immediately an
ambulance was dispatched with Officers Bergan,Walker, Shane and Amlong
passengers in the back. Up front with the driver was Doctor R.L. Barker. They
soon received news that the officer was dead, and the coroner was notified as
well.
When the troop arrived the
doctor stood with them looking down at the now dead Officer Seyller. Schmidt quickly told the sergeant of the
group that the killer of his brother-in-law was still there, and the men leaped
into action taking Husel Hopmeyer Sr. into custody. The body of the fallen
officer was actually in the bedroom but the first two slugs had hit him while
he had been standing in the kitchen. He was hit two more times and ended up
falling on the floor where the officers found him. Once the coroner arrived and
the investigation was over the officer’s body was removed to his residence over
on George Street
THE INVESTIGATION
A valuable bicycle owned by
William Garside was reported stolen to the police two months before the fatal
shooting of Officer Seyller. Police learned that the bicycle had been sold by
Nona Hopmeyer and a warrant was issued not for her, but for the
eighteen-year-old Husel Hopmeyer Jr., the accused killer’s son. The owner of
the bike offered a $50.00 reward for the conviction of the person that had
stolen the bike. If an officer collected that reward that was perfectly all
right by Mr. William Garside. On Saturday November 3, 1894, Joe heard the kid was at home and as
soon as he could Joe went over to Bartonville. He meant to do his duty…and he
did. Sadly it was Officer Seyller’s final act in the line of duty.
OFFICER JOE’S
FUNERAL
The news spread quickly
about the officer’s death and timidly at first and then in great numbers the
neighbors and friends of the fallen officer began to gather over around
The funeral was to be
Monday, November 5,1894, and that morning the newspaper printed a proclamation
that Mayor Philo B. Miles had put on the city hall door. He commanded that all
persons engaged in the sale of intoxicating liquor, along with their servants
or agents close their places of business on Tuesday, November 6th,
1894 from the hours of 7 o’clock a.m. to 5 p.m. under penalty of law.
So the day after Officer
Seyller’s funeral an entire working day was set aside to honor the memory of
Badge number nine. Other businesses were
allowed to remain open as usual but many of them had black crepe in the windows
and some business did close voluntarily to show their respect, especially near
Joe’s old beat. Around 1 p.m. Monday, November 5,1894 a large crowd had
gathered up and down George Street
The hearse, followed by the
family began a slow movement down the street and just behind them were the
thirty officers and numerous Lodge men. The crowd then fell in behind the
cortege. People bowed their heads as the
procession passed and some of them got in line as well.
Once they arrived at Saint
Boniface Church, the officers, family and others filed into the church which
quickly filled to standing room only. Many of the folks outside crowded up to
the church doors virtually surrounding the building.
The church was lined with
floral arrangements from city officials, family, friends and dozens upon dozens
from ordinary people trying to express their sorrow. Captain Tripp of the
police department and his men had a huge wreath with a star on it placed near
the casket during the services. In large printed letters “OUR BROTHER” caught every eye in the church.
The paper noted that the
funeral was one of the largest in many years here, and was attended by all of
the city dignitaries. Officer Joe was buried
at St.Joseph’s Cemetery
here in Peoria ,
Illinois , Section 1, Lot
40.
THE CORONER’S
INQUEST
The day after the funeral,
Tuesday, November 6. 1894 the
inquest over the body of the
fallen officer was held. It was close to 2:00 p.m. when Coroner Henry E. Hoefer
gaveled the meeting to order. The accused killer Hosel B.Hopmeyer Sr., and his
son were in custody awaiting the outcome of the coroner’s verdict and then the
grand jury if it went that far.
Senior Hopmeyer was not at
the hearing but his eighteen-year-old-son was there under the watchful eye of
Officer James Cambell. The place was packed, the six-man jury was ready and the
drama was about to begin.
Jerome Gilman was called. He
was the newspaper reporter who had written about the case. All he could say was
that the accused had told him. The coroner promptly excused him.
John Karnbach, who was all
of fourteen sat nervously in the witness chair, his eyes darted about like a
scared fox.
Fourteen, yet he was in the
tavern when Officer Seyller came in and confronted Hopmeyer with the warrant
for his son’s arrest. Young Karnbach told the jury that the two men argued and
that Hopmeyer had said, ‘One of us will have to die if you try to take the
boy.’ The witness then stated that the
officer yelled, “I’ll take the boy if I have to die.” He then went on to
describe the scuffling that took place and the sound of the shots. The boy
witness also told the jury that he heard Hopmeyer tell his wife to go get his
revolver. The crowd murmured, even the
jurors talked among themselves as the coroner raised his gavel. Things quieted
down and the young man was excused.
Housel Hopmeyer Jr. was next
on the stand and his arrival to the stand brought great excitement to the crowd
and again the coroner had to warn them to quiet down. He told the jury that he
was eighteen and that last October he had been arrested for stealing a bicycle.
Suddenly the crowd was
shocked when Hopmeyer told the coroner that he was not going to testify any
further. The coroner asked him if he would rather go to jail than testify and
the brash young man said defiantly, “I guess I’ll have to go then.”
The coroner looked over at
Officer Cambell and said, “take him to jail.” The officer snapped on steel
cuffs and a chain,
leading the boy out the rear
door. The boy was referred to as having been “plugged up,” meaning he had
talked to an attorney.
The coroner smiled at the
jury as the boy was led out. He then produced a statement that he had taken
from the Junior Hopmeyer the night of the officer’s death. Coroner Henry E.
Hoefer read the statement aloud.
Housel B. Hopmeyer Jr. told
the coroner that Joe Seyller came in the saloon about six thirty or so. I was
there and my brother Henry and another person, I don’t remember his name, was
there. He told me I was under arrest and I asked him about a warrant. The
officer said, ‘That is all right about the warrant.’ My father was behind the bar. He told me to
go ahead and hitch up the horses and that he would follow me into town and bail
me out.
I went out to the bar to
hitch up the horses and the officer came with me. My father then came into the
barn and asked the officer about the warrant. He wanted the officer to read it
but he refused. They argued and my father told him that he shouldn’t act that
way and that my father would take me on to the city hall in his buggy.
They began to fight and
father pulled the man to the ground then left the barn toward the house with
this officer running after him. I then heard some shots but I did not go into
the house. I drove the buggy around front and went into the bar. Father was
behind the bar. Seyller was still alive. I then went out and put the horse and
buggy in the barn and stayed there. My
stepmother called me and I went back into the house. Soon after that I was
under arrest and given over to two men.
I did not see the shooting.
He did not tell me he was an officer but I did see the star. Seyller was saying
something to my father but I did not hear what he said.
All this happened in Peoria County ,
State of Illinois
The jury was excused and the
coroner conferred with some officer before he reconvened the jury some fifteen
minutes later.
Robert Sholl was the next
witness to be called. He was a coal miner that had brought some sardines to the
tavern to eat with his beer. He said he saw Mrs. Hopmeyer come in and take a
revolver with her. He later heard shots but did not see anything. He did
finally go and look at the man lying on the floor but he did not know him. He
then told the jury that he did ask Henry where the can opener was, which
brought an embarrassed laugh.
Morgan Reed. He was a coal
miner and he told the jury that he heard and saw the two men arguing. ‘If you
take the boy I will take your life,’ he told the jury that that is what he
heard Hopmeyer say to the other man.
Reed said that Seyller then
replied, ‘Hopmeyer I‘ve known you before.’ That’s when the young boy (Jr.)
broke and ran. I heard shots. I got there in time to see Seyller breathe a few
times, that’s all. I think the shooting happened just a few seconds after they
entered the house.
I did hear Hopmeyer tell the
officer that he would kill him.
THE MEDICAL
EXAMINER
Dr. R. L. Baker the
distinguished physician that cared for city employees along with his own
practice took the stand.
He told the jury that he had
arrived at the scene of the shooting in the ambulance that had been dispatched
to aid Officer Seyller. When he arrived he hurried to the fallen officer only
to discover that he was dead.
The physician using pointing
gestures told the jury that officer Seyller had been hit with four slugs.
Pointing to his own chin the doctor said, “He was hit here in the chin area
once in the back and once in
the neck.” The doctor indicated that the bullets had been removed and that the
wounds to the head and face area show severe powder burns.
“I removed the bullets
myself.”
The coroner asked the
physician about the officer’s gun.
“It was still in his right
hip pocket. It had not been fired”.
The physician stated that
the man that had done the shooting was still there and that Officer Wilson had
given his gun to the doctor.
“Was the officer’s star
visible?”
Yes, it was. It was Star Number 9, and it was attached to
his shirt on his left breast.”
“Did Hopmeyer say anything
that you overheard?”
“Yes, He acknowledged that
he had done the shooting and that he would do it again, and that he was not
sorry.”
The doctor then went on to
testify that he saw drops of blood leading from the bedroom into the kitchen
and a spot or two on the oilcloth. “The wound in the back of his neck would
probably prove fatal but it was the one in the breast that killed him.” ( the
slug had entered from the back.)
the doctor added, “He must
have received the shots to the face first because the others killed him
instantly.” The coroner noted that Doctor Du Mars assisted in the postmortem.
The record showed that Du Mars stated that he doubted that a revolver would
show burns over one foot from a victim.
Frank Karnback, the Justice
of the Peace was at the scene shortly after the shooting. He told the jury that
Hopmeyer admitted the shooting and wanted to give himself up. “I told him to
wait because the police would be there in a minute or so”. Hopmeyer said that
he had told the officer, ‘I told you I would do this if you did not lookout.’
“The officer’s coat was
open, but his vest was buttoned. I put my hand inside to see if he had a
heartbeat. I got blood on my hand. Hopmeyer told me his son was in the barn. I
deputized Anse Monroe and we went to the barn and arrested the boy.”
More officers and witnesses
were called and their testimony will be covered in the trial aspect of the
case. The Coroner’s jury indicated that the officer was killed while trying to
serve a warrant. They recommended that Hopmeyer be held for the grand jury on
the charge of murder.
The coroner made a record of
the possessions of Officer Seyller, which included his revolver and a one
dollar bill. His come alongs, which were what we call handcuffs today, were
also on his body when he was killed. The warrant and his Star Number 9 were
also part of his possessions. A small book on police regulations and a patrol
key were removed from his body as well.
FEBURARY 27, 1895
The farmers that were called
to the Peoria County
This was a hot ticket in
town and there was standing room only when the officers of the court shut the
door and the judge called the trial to order. The opening arguments were
passionate and for those that thought the trial would take a day or so at the
most were in for a major surprise.
Hopmeyer’s defense lawyer,
George B. Foster was a wily old court fighter and it took every ounce of his
concentration not to rise up yelling as the State put on their first
witnesses. Young John Karnback, son of
the Justice of the Peace was among the first witness to be called. He related
what he had told the coroner’s jury about Hopmeyer stating that “One of our two
lives has to be given up before you can take the boy.” The jury leaned forward as
did the audience as the frightened young man began to tell his story.
Once young Karback’s was off
the stand, his father Frank stepped up. He told the jury that he arrived at the
tavern where the shooting took place and saw the body of Officer Seyller on the
floor and Hopmeyer was standing over him. “The revolver was still smoking, and
I heard the defendant say, ‘I told you I would do it and I have.’”
Morgan Reed who witnessed
the initial confrontation of the two men from across the street stated that he
too heard Hopmeyer threaten the officer. He saw the men scuffling, heard
Hopmeyer repeat, “I’ll shoot you.” Reed
then saw them go into the barn and heard the shots, four in all, and he also
indicated that he had seen the body of Officer Seyller. The court was adjourned
for dinner.
DR. R.L. BAKER
Dr. Baker was the first
witness on the stand after dinner and he kept the attention of the jury and
spectators with his meticulous description of the officers wounds and body
position inside the bedroom area. Deputy Sheriff E.E. Walker, who was a city
officer at the time of the shooting told the jury that Officer Joe’s weapon had
six cartridges in it and had not been recently fired.
Justice of the Peace
Karnback told his story again adding that Mrs. Hopmeyer was running all around
the room frantically when he arrived. He had a place of business just across
the street from the tavern and was there very quickly. Other witnesses were Officer Shane, Officer
Walker and Amlong but nothing new was developed. The coroner, Willis Evans and
Charles Westhoff were the final witnesses of the day.
Two local reporters talked
to the spectators after the trial and wrote that at this point in the trial
Hopmeyer did not even have a defense…none at all. He had been seen holding a
smoking gun, he had admitted he killed the officer and he indicated that he would
do it again. It was just a matter of formalities before Hopmeyer would be
convicted and most certainly sentenced to hang. That was the consensus of
opinion from the spectators and everyone else that had an opinion.
HOPMEYER HAS
HIS CHANCE
Today people would call this
case a ‘Slam Dunk’ for the prosecutor, but Hopmeyer’s attorney would not agree.
Every story has two sides and now it was up to the defense to show that other
side.
Hardly a soul that was in
the courthouse yesterday wanted to be any place else, and the courtroom and the
halls were packed today as well. The physicians, DuMars and Baker were called
followed quickly by the witness everyone came to see…Mrs. Seyller, wife of the
deceased. It was a bit disappointing to the crowd who expected something a bit
more dramatic. She told the jury that her husband’s name was Theophil but
everyone knew him as Joe. She verified that her husband had donned civilian
clothing before he went over to the Bartonville tavern. After that the State
rested its case.
There was a short break and
when things were underway the defense called its first witness. A lady that had
been standing out in front of Hill’s tavern took the stand. Her name was Arminda Shepherd from Pekin , Ill.
By now the entire courtroom
and jury were very interested in this young woman’s testimony and she had more
to say. “Mr. Hopmeyer said, ‘if you have
a warrant show it.’”
Arminda said that the
officer refused to show it and then the two men began to scuffle.
An engineer followed Miss
Shepherd giving boring measurements and findings. The next witness perked
things up since he was in the tavern before and just after the shooting. His
name was William Reed and he told the jury that he heard Hopmeyer admit that he
had shot Officer Seyller. This was hardly a defense witness, but his testimony
was now part of the trial.
Another eyewitness, Erastus
Johnson actually saw it all. He said he saw the officer talking to young
Hopmeyer. “The boy then walked up to
his father and said, ‘I have been put under arrest’. The witness said that the
father then replied, ‘All right, I’ll go to town and put up your bail.’
They walked to the backyard
but Johnson could see them because one of them had a lantern. Again, according
to Johnson, Hopmeyer asked to see the warrant and Seyller refused. “You ain’t
gonna take him like this,” old man Hopmeyer said, then the officer grabbed him
by the throat and threw him up against the barn.” Johnson then continued telling
the jury that Seyller threw the old man to the ground and then told the jury
something that probably changed the entire proceedings. “After Hopmeyer was on
the ground, I heard the officer say, ‘Now I’ll kill you.’ ”
There was a murmur in the
crowd followed by a glare from the judge. The witness then went on to testify
that he ran into the house. “Seyller’s
body was on the floor and Hopmeyer was standing over him. I heard him say, ‘Old
feller, I’m sorry, but one of us had to die.’
Spencer Barton told the jury
that he came inside as well. He saw Hopmeyer next to Seyller and heard what
Johnson had heard. He then told the jury
that Hopmeyer told him that he was going into town to give himself up. “I told Mr. Hopmeyer to stay right where he
was and wait for the police.”
Spectators later said that
Mr. Johnson had been in jail before for larceny and that his testimony differed
from some of what he said at the coroner’s inquest. But others felt that the
jury was shocked at what he said and now they were not all that certain that
this was really a murder case.
They anxiously awaited the
afternoon’s testimony.
More witnesses the following
day, and more and more opinions differed as to the outcome of the trial. They pointed to Frank Meyer’s testimony.
Frank told the jury that he saw that Hopmeyer’s collar had been torn and that
his knees were soiled. He also said that Hopmeyer told him that if he had not
killed Seyller, the officer would have killed him. So it became clear for the first time that
the defense wanted to paint a picture of a man protecting not only himself, but
his son and his wife as well. A clear case of self-defense in other words.
Would the jury buy it?
STORY BRINGS
TEARS
Throughout the trial the
families of the deceased, his wife and children, sat in the first row listening
to every word that was said. The Hopmeyer family was there as well and when the
defense called Housel Hopmeyer Jr. the proverbial pin could be heard as the
young man was sworn in. As soon as he told the jury his name and that he lived
with his parents both Mr. And Mrs. Hopmeyer began to cry. The judge delayed the
trial for a few minutes while the two composed themselves. The young witness gave an exacting, minute
detailed testimony as his lawyer guided him through the terrible events of
November 3, 1894.
He told the jury he had been
home from Iowa
He reported that as he
passed the officer to go hitch up the horse and buggy, Seyller said, ‘God damn
you, don’t make any bad moves or I’ll fill you full of lead.’ Immediately after
that according to young Hopmeyer, the officer grabbed him by the arm and said,
‘God damn him, I’ll take him dead or alive.’ The officer then struck Mr.
Hopmeyer on the neck knocking him down. The witness then looked over at the
jury telling them that the officer stood over his father holding on to his
neck. “My father asked to be let up, but the officer refused. He finally let
him up and my father ran to the house… that’s when I heard the shots.”
The witness then said that
he picked up his father’s torn necktie. At that point the tie was offered as
evidence, showing a rather severe tear in the cloth. The boy then went out to
tie up the horse in the barn and stayed there. About fifteen minutes later two
men came into the barn and arrested him.
CROSS-EXAMINATION
The young man stood up well
to the withering cross- examination telling the prosecutor that he had heard
the officer yell after his father that he would kill him. He also was very
adamant in denying that he knew there was a warrant out for his arrest.
Mathias DeWalt testified that
he heard the Hopmeyer say, as he was standing over the body of the fallen
officer, “Poor daddy, you would have done the same thing if you had the
chance.” This testimony was not allowed
and stricken from the record and the jurors instructed to ignore it.
The next witness brought
tears to most everyone as she testified as to what she had seen. Little Katie Hopmeyer,
Age eleven, “I saw the
officer follow my father into the bedroom and threaten to kill him.”
Senator Neihaus, the
prosecutor sat quietly by as the defense questioned the girl. He knew better
than to attack this little lady that had obviously captured the hearts of
everyone in the room…himself included.
After two more witnesses,
and Neihaus reading into evidence something from the coroner’s inquest court
was adjourned.
CLOSING ARGUMENTS
The attorneys went rather
quickly through their closing arguments and surprising quickly, the jurors were
sworn and the bailiff took them off to deliberate. This would be an all night
affair. The jurors were taken out to dinner and then they would begin to
deliberate. They had cots to lie upon but from the looks of the solemn twelve
men in the morning, they had gotten little sleep.
The moment Judge Worthington
brought his court to order that morning of March 9, 1865 the word was that the
verdict had been reached. It was a cool, but bright Saturday morning, and the
tedious, sometimes very emotional trial was over. These twelve men had the fate
of Hopmeyer in their hands, and the courtroom became silent. The two opponents
stood as the jurors trekked in silently and took their seats in the jurors box.
Was he Guilty or not guilty?
THE
VERDICT IS?
The judge looked over
Foreman, W.L. Regan, and asked him if they had reached a verdict. “We have your
honor.” The judge then asked the defendant to rise and without fanfare he said
in a strong voice that was easily heard at the back of the courtroom.
“We, the Jury, find the defendant NOT
GUILTY!”
The defendant immediately
broke into tears and cried like a baby. His family embraced him as an
involuntary cheer rose up among the excited spectators. Apparently they agreed
with the verdict. The jury was then
polled and discharged. A motion to release the prisoner was made by the defense
and granted. Hopmeyer was a free man.
The family of the deceased officer gathered together then silently left the
courtroom. Their loved one was in a grave out at St. Joseph
Had you been on the jury
what would your verdict had been?
Officer Seyller was on duty,
he had gotten permission from his sergeant to serve the warrant and he tried to
do just that.
Officer Joe was not at the
trial to defend his actions, however he died IN THE LINE OF DUTY and needs to
be honored just as his fellow officers have been over the years. His name needs
to be engraved on the wall of the National
Police Monument
in Washington , D.C.
and Springfield , Illinois Peoria , Illinois and honored during the memorial services for the
fallen Peoria
Norman Kelly
309
692-6387 E-Mail
norman.kellysbcglobal.net
E P I L O G U E
Something very mysterious
was going on according to newspaper reporters that called city hall their beat.
They watched the state’s attorney and his assistant hurry off. When the
reporters caught sight of Drs. DuMar and Baker scurrying off as well, they knew
something was up. But what? Hell, the trial was over and Hopmeyer was having an
open house in his tavern over in Bartonville. The reporters soon found out what
was going on and reported it in the newspaper the next morning.
It seems that there was a
ghoulish event going on at St.
Joseph Cemetery
and came out at the back of
the neck. Reporters mentioned that the fact-finding mission was useless since
the man was acquitted. All they got was an official shrug of the shoulders.
They also reported that the state’s attorney told them that the jury on the
first ballot was 8 for conviction and four for acquittal. Some member of the
jury must have done some fast-talking to get a unanimous vote of twelve for conviction.
No comments:
Post a Comment