A bitter family conflict involving allegations of incest, violence, and long-standing resentment led to one of Polk County’s most controversial murder cases during the Civil War era.
On March 11, 1864, 41-year-old farmer Aaron Smith was traveling by horse-drawn wagon along the road separating Saylor and Crocker townships in Polk County when he was shot in the back by someone hiding in the brush alongside the roadway. Although critically wounded, Smith remained alive long enough to identify his alleged attacker, telling those who found him that the gunman was Christopher Columbus “C.C.” Howard, his late wife’s nephew.
Howard was located about four miles from the scene and arrested.
The shooting was rooted in years of conflict between the Smith and Howard families. Aaron Smith had married Jemima Howard in 1840, and together they raised nine children before her death in 1859. Other members of the Howard family had also settled in Saylor Township, where tensions between the families steadily escalated.
In January 1863, Smith was arrested on accusations of incest after his daughter alleged he had sexually assaulted her, resulting in the birth of a child. Smith denied the allegations and claimed members of the Howard family had persuaded his daughter to make false accusations. When she later refused to testify, the charges were dismissed.
The family feud continued. About a year later, an argument between Smith and Robert Howard over livestock turned violent. During the confrontation, Smith reportedly drew a knife and seriously wounded C.C. Howard while Howard attempted to intervene.
Not long afterward, Smith was killed in the roadside ambush.
Howard was charged with murder, and his trial began on July 26, 1864, before Judge John H. Gray in Polk County District Court. Prosecutors relied heavily on Smith’s dying declaration and the history of hostility between the two families as evidence of motive.
After hearing the case, the jury deliberated for only two hours before returning a verdict of not guilty.
According to later historical accounts, the prosecution lacked physical evidence beyond Smith’s dying statement, and the victim’s reputation may have influenced the jury’s decision. Historians have suggested the verdict may have reflected sympathy toward Howard, given the allegations against Smith and the earlier stabbing that left Howard seriously injured.
Aaron Smith was survived by several of his children and was buried in Pine Hill Cemetery in Saylor Township. No confirmed grave marker has been located.
Source: Iowa Unsolved Murders: Historic Cases
Author: Nancy Bowers (written January 2013)
