Blocked

                   Hist. of Jackson County, Iowa,  Ellis 1910, pp 227-30

Andrew was buried in Mt. Hope Cemetery, Maquoketa, Iowa.

Killing of Andrew M. Brown by Absolom Montgomery:
       Sometime prior to the year 1852, one Dr. Rhodes of Maquoketa had entered forty acres of timber land on the Maquoketa river a short distance below Pinhook.  The land was valuable only for the timber, as it consisted of bluffs and bottom land liable to overflow.  Absolom Montgomery, who had figured quite conspicuously in court records of Jackson Co. since 1838, lived at the time near where Wesner's house now stands, and owned 80 acres of the fine land between there and the city, and 40 acres across the road which extended down to the river and adjoined the land entered by Dr. Rhodes which he, Montgomery claimed and warned all persons against trespassing the land.  It was claimed by Montgomery's friends that an offer had been made to Dr. Rhodes to reimburse the latter.  On the other hand a son of the doctor, who still resided in Maquoketa, maintains that the doctor offered to surrender his interest on payment of the money that the land had cost him.  At all events Montgomery warned Dr. Rhodes that he would kill him or anyone who attempted to haul wood from the land.
       The doctor had a son-in-law, one Andrew M. Brown, who was living at the time where Henche's old mill now stands.  On the morning of the 30th of April, 1852, Brown took Dr. Rhode's team and started for the land in dispute to get a load.  Brown was full advised of the threat made by Montgomery, but said he was not afraid to set out for the timber.  Wm. Y. Earl then lived in a house a few rods west of Struble's nursery and the road leading to the timber turned north and ran past Earl's house.  About the time Brown reached the woods, Montgomery was seen by some members of the Earl family going in that direction with a gun.  Just what took place that day in the woods will never be known, but it is well known that Brown was shot with a rifle, the ball entering his stomach near the breastbone.  Brown fell down in the bottom of the box and lay there helpless and dying.  The team, frightened doubtless by the report of the gun whirled and went in the direction of town.  When the team reached the Earl place, Mrs. Earl heard someone calling from the wagon and thought it was someone intoxicated, but finally ventured out and discovered Brown in the wagon and he lived long enough to tell her Montgomery shot him.  Mrs. Earl sent some of the children to town for help, Mr. Earl being from home at the time.
                           ***  An account of capture of Montgomery

       Case goes to Grand Jury and Francis B. Rhodes is one of the witnesses.  The legal statement follow--a page and a half--then:

       Montgomery was tried at the June term of court, commencing the 23rd day and on the 25th, the Jury charged by the court, and returned a verdict of "murder in the 1st degree."  The attorney for the defendant moved for a new trial and got it on a writ of error and took a change of venue to Delaware Co.  The case was tried at Delhi in 1853, and the defendant got acquitted.  Montgomery owned a fine farm, but Platt Smith got it for defending him.  The property finally went into the possession of the notorious Piper, who erected the finest mansion that the county afforded at that time and it was generally believed he burned it for insurance.
       Montgomery's victim, Andrew M. Brown, who was about 28 years at the time of his death, left wife, Jane Brown, who had remained true to his memory all these years, and a son, W.F. Brown, a cripple from childhood, born after his father's death, who lives with his mother in Maquoketa.  Those who know Montgomery well say of him, that he never did much work, that he drank a great deal of whiskey, did much talking and was away from home a large share of the time.
       Few if any, persons had any doubt of his guilt, but he had means, and when a man has plenty of means the lawyers do not allow him to suffer anything more serious that the depletion of his bank account, or the proceeds of the sale of his farm.

       On the 27th day of July 1906, the writer visited Mrs. Brown in her cozy home in the first ward, and gleaned some facts in relation to the murder of her husband that I did not know of.  She said that about a week before her husband's murder, he brought a letter from the post office for her father, with whom they lived at the time.  The letter was from Montgomery and warned Rhodes or any member of his family against trespassing on certain land that Rhodes had bought and from which Montgomery had been getting his firewood.  Mrs. Brown said that her husband remarked that barking dogs never bite, and knowing Montgomery to be a hard drinker was not afraid of him.  Mrs. Brown is a very sprightly lady for her age, being past seventy-eight, is a little below medium height, her hair is white as snow but her faculties as clear as ever.  She thinks her husband was shot about 2 o'clock p.m. but lived until 6 p.m., was carried into Mrs. Earl's house, where his team had taken him and died there.