One of the most colorful trials in Carroll county history, and one which attracted widespread interest throughout northern Illinois shortly after the turn of the century, was the murder trial of Billy Myers, the alleged assailant of Wayland F. Bennett, the then mayor of Thomson.

On September 16th, 1904, two men, strangers, were noticed about the streets of the Village of Chadwick. They put in most of the day in Creno Geison's saloon indulging in what appeared to be their favorite pastime.

When Mr. Geison returned in the evening he went to his saloon and informed the bartender it was time to close, whereupon Geison proceeded to go to his other saloon, as he owned two in the village, and the strangers volunteered to accompany him. After closing the second saloon, Geison retired to his home while the two strangers sat on the grass near the saloon chatting with the bartender. The lightest of the two men made an excuse to go to the rear; the heavier man remained with the bartender and a friend or two continuing the conversation. The lighter man was gone 15 to 20 minutes when he returned. He remarked to his companion that it was time to be going and they departed while the bartender and his friends retired for the night.

Later it was learned that during the day, a catch on one of the windows of the saloon had been unfastened, and while he was absent from the group, the lighter man had gone through the window into the saloon and obtained from $40 to $60 from the cash register.

Suspicion immediately fastened upon the two strangers; officers in neighboring towns were notified to be on the lookout for them. About 10:30 A.M. on September 17, the two men entered the Village of Thomson. The light man went into the butcher shop, the heavy one into the saloon. Mayor Wayland F. Bennett who had been notified to be on the watch, spotted the two men and, calling the village marshal, Charles M. Beck, told him the men wanted in Chadwick were there. Beck walked into the meat market and arrested the lighter man, brought him out and was going to jail him, when Bennett told him to get the other one and he would attend to this one. Bennett took the lighter man toward the jail while Beck went after the heavy one in the saloon.

Bennett had gone but a short distance when without warning, his prisoner pulled out a revolver and shot the mayor five times, killing him almost instantly.

Marshal Beck hearing the shots, dropped his man and started to assist the mayor. The murderer started to run, citizens gave chase, and the marshal fired at him repeatedly, finally wounding him. Howard Shoemaker, a lad of about 18 years, hit the fleeing murderer over the head with a club knocking him to the ground where he was captured and placed in jail. The larger man in the meantime fled but a posse was quickly formed and he was captured on the outskirts of town. State's Attorney Markley and Sheriff Doty were summoned from Mt. Carroll, and Coroner Schreiter from Savanna. An inquest was held, the men remanded to jail without bond.

They were taken to the Carroll county jail at Mt. Carroll that evening heavily ironed.

The two men gave their names, the smaller man as Billy Myers, the larger one as John Johnson. Later it was discovered that the latter's name was John Powell of Chicago, who, although he came from respectable parentage, was known as a saloon hobo and had a criminal record. He had served a term in the Bridewell in Chicago.

At the November term of the grand jury, Myers was indicted for murder, Powell for burglary. There was insufficient evidence to convict Powell, however, as he insisted he had no hand in robbing Geison's saloon and did not know Myers had done so until just before they entered Thomson, when Myers told him he had tapped the till and got $12. He gave Powell $2. This was his story.

On Tuesday evening, November 29, Myers made an attempt to escape from jail. Powell was to go into court and asked the sheriff to allow a barber to come and cut his hair. The request was granted and Alfred Doty, nephew of the Sheriff, who was acting as deputy admitted the barber. He unlocked the door of the bull pen allowing Powell to come out into the north corridor near the window where the barber did the work. When Doty again unlocked the door for Powell to reenter the bull pen, Myers grabbed the keys, undertook to strike Doty with them and get away. But Doty subdued and choked Myers and forced him back into the cell.

Myers who was shot by Marshal Beck at the time of the arrest had entirely recovered from the effects of the wound. The bullet struck him in the right side, near the spine, followed a rib and came Out in front. Dr. Colehour, county physician, probed and dressed the wound numerous times, and under his care Myers fully recovered in time to stand trial.

However, Myers was not the only person wounded for whom the trial was delayed. Marshal Beck, a principal witness, had been critically wounded in an accident after the murder but before trial.

The city council and a number of Beck's friends thought the Marshal should own a better gun than the small weapon he had been using. They presented him with a new policeman's Colt revolver. One morning while on his rounds filling the street lamps, he stooped to pick up a piece of paper; the revolver fell from his pocket and striking the stone pavement it exploded, the bullet entering his abdomen to make a dangerous wound. After a struggle, the Marshal recovered and was available as a witness when the trial began.

The indictment was returned under State's Attorney W. S. Markley, but as his commission expired within a couple of weeks, the trial was conducted by the new State's Attorney, F. J. Stransky of Savanna. Mr. Mark- Icy assisted in the prosecution. Judge Oscar E. Heard of Freeport who presided over the term of the circuit court appointed Attorney Ralph E. Eaton of Mt. Carroll and C. W. Middlekauff of Lanark as counsel for Myers.

After the usual array of motions the trial commenced on Monday, December 5, 1904. Courtroom observers reported that during the week-long trial which came to an end on Saturday, "the defendant did not appear to be any more concerned than if he was one of the parties in a $3 justice of the peace lawsuit."

Court convened promptly at 8:00 Saturday morning. The case had concluded shortly before 4:00 P.M. the previous day and the jury had reached a verdict. Although the court room had been packed during the trial, owing to the early hour few spectators were present when Harlyn P. Moore, jury foreman, brought in the verdict read by Circuit Clerk Reuben Watson:

"WE, THE JURY, FIND THE DEFENDANT GUILTY OF MURDER IN THE MANNER AND FORM AS CHARGED IN THE INDICTMENT. WE FIND HIS AGE TO BE 26 YEARS, AND FIX HIS PUNISHMENT AT DEATH."

On Thursday morning, December 15, ten days after the trial began, and but five days after the verdict was returned, Judge Heard, in an opinion which took an hour to deliver, granted a new trial, on the ground that no previous malice was shown. He said the jury should not have returned a verdict of murder but of manslaughter.

On January 6, 1905, the defendant again appeared before Judge Heard and was given permission to withdraw his plea of not guilty whereupon he entered a plea of guilty to murder as charged. Judge Heard then sentenced the defendant to the state penitentiary at Joliet "for the term of his natural life, the first day of each year to be in solitary confinement and the balance of the tithe to be at hard labor."

Sheriff Doty delivered Myers to the prison where he later died.

Source: A Goodly Heritage Carroll County