1929 – July 28, speedboats Zipper and Miss Thriller collide at night, W. Okoboji Lake, IA-9

Newspaper Sources in Chronological Order
–>9 UP. “Nine Bodies Recovered From Boat Tragedy.” Oelwein Daily Register, IA. 7-30-1929, 1.
— 9 Graettinger Times, IA. “9 Dead in Okoboji Boat Crash.” 8-1-1929, p. 1.
— 9 AP. “Free Speedboat Pilot in Probe of Okoboji Tragedy.” Waterloo Evening Courier, IA. 8-2-1929, 1.
— 9 Spirit Lake Beacon, IA. “Gov. Hammill Visits Lake Regions.” 8-8-1929, p. 1.
— 9 AP. “To Continue Probe of Fatal Collision on Lake Okoboji.” Waterloo Evening Courier, 8-6-1929, 2.
— 9 Evening Democrat, Fort Madison, IA. “Hess Selected to Probe Boat Crash.” 8-10-1929, p7. — 9 Burlington Gazette, IA. “Grand Jury Meets for Investigation of Boat Tragedy.” 8-21-1929, 8.
— 9 AP. “Jury Indicts 5 in Okoboji Boat Accident.” Mason City Globe-Gazette, IA. 8-29-1929, 1.
— 9 Associated Press. “Indict Pilots in Lake Case.” Burlington Hawkeye, IA. 8-30-1929, p. 1.
— 9 Associated Press. “Start Trial of Speedboat Pilot.” Burlington Gazette, IA. 10-3-1929, p. 1.
— 9 Associated Press. “Assert Pilot Swerved Boat.” Burlington Gazette, IA. 10-4-1929, p. 1.
— 9 Associated Press. “Yarnes Freed in Boat Case.” Creston News Advertiser, IA. 10-8-1929, 1.
— 9 Spencer Reporter, IA. “Judge Lovrien Tells Jury to Free H. Yarnes.” 10-16-1929, p. 1.
— 9 News Herald, Spencer, IA. “No Evidence to Convict Yarnes.” 10-17-1929, p. 10.
— 9 AP. “Milo Hartman on Trial for Alleged Libel Conspiracy.” Burlington Gazette, IA. 12-10-1929, 8.
— 9 Associated Press. “Hartman Ends His Defense.” Mason City Globe, IA. 12-13-1929, p. 1.
— 9 Assoc. Press. “Spirit Lake Jury Convicts Hartman.” Burlington Gazette, IA. 12-17-1929, 1.
— 9 Milford Mail, Milford, IA. “Hartman Is Found Guilty.” 12-19-1929, p. 1.
— 9 Spirit Lake Beacon, IA. “Hartman Conspiracy Case Taken to Pocahontas for September Trial.” 5-1-1930, p.1.
— 9 INS. “Boat Sunk in Okoboji Brought Up.” Charles City Press, IA. 8-4-1930, p. 1.
— 9 Elston, Hattie. “Reviews Speed Boat’s History.” News-Herald, Spencer, IA. 8-10-1930, p. 2.
— 9 Spirit Lake Beacon, IA. “Hartman Conspiracy Case Dismissed…” 9-18-1930, p. 1.
— 9 Spencer Reporter, IA. “Would Capitalize on Lake Tragedy.” 10-2-1930, p. 8.
— 9 AP. “Milo Hartman Must Serve 3 Year Sentence.” Carroll Daily Herald, IA. 12-13-1930, 6.
— 9 UP. “Supreme Court Gives Hartman New Hearing.” Cedar Rapids Evening Gazette, IA. 5-7-1931, p16.
— 9 Kossuth County Advance, Algona, IA. “Fatal Speed Boat Owner Freed by Supreme Court.” 12-3-1931, 4.

Narrative Information

July 29: “….Des Moines, July 29. – (U.P.) –Thirteen persons were killed, 31 injured, and four missing, believed drowned today, the result of over-the-weekend accidents in Iowa….Mrs. Rhengstrum was drowned at Lake Okoboji when the steamers Zipper and Thriller crashed lat last night. Twenty-three persons were on the two steamers when the boast collided, sinking the Thriller, and throwing its passengers, most of whom were children taking advantage of free rides, into the water. The Zipper, fitted with air tanks, did not go down….” (Waterloo Evening Courier, IA. “16 Dead, 4 Missing, 31 hurt in Iowa Weekend.” 7-29-2929, 1.)

July 29: “Arnolds Park, Ia., July 29. – (A.P.) – Three were known to be dead today as worker continued to drag the waters of Lake Okoboji seeking the bodies of eight others, missing since two passenger boats collided last night. The known dead:

Esther Rhengstram, Alta, Ia.
Neil Gelino, 11, Estherville.
Melvin Koehnk, 22, Everly, Ia.

“Among the bodies being sought were those of [we break paragraph into single lines]

Arnold Stanke, 16, Spencer;
Henry Heintz, 54, Harris, Ia.;
Harold Cummins, Arnolds Park;
Thomas Christian, Alta, Ia.;
Milo Nelson, Alta, Ia.;
Hilga Hansen, Alta, Ia.’
Lucile Adams, 17, Everly, Ia.; and
An unidentified woman.

“The tragedy happened when the Thriller, a fast boat owned by R. D. Davis of Milford, and being driven by Frank Long of Spirit Lake, and Jap Alexander, collided with the passenger boat Zipper, owned by the Eagle Boat company and driven by Harold Yarnes. The rear end of the Thriller was cut off and the front of the Zipper split open. Long’s foot became caught in the flywheel of the motor. He was able to loosen his foot and was rescued by Frank Hopkins in a launch.

“Sound of the crash attracted attention of vacationists at the inn and at Arnold’s Park and rescue parties went out in launches to rescue the victims. There were 13 passengers in the Thriller and the number of passengers aboard the Zipper, which remained afloat, could not be ascertained.

“Officials promised an investigation following rumors that rivalry between the two boats caused the skippers to run too close to each other in a sporting spirit. The Thriller, a sea-sled capable of traveling more than 50 miles an hour, sank in 90 feet of water and attempts were made today to raise it. The Zipper, almost as speedy, remained afloat, after the crash, and persons aboard it were taken off by lake craft.” (AP. “11 Dead or Missing In Okoboji Boat Crash.” Burlington Gazette, IA. 7-29-1929, p. 1.)

July 30: “Spirit Lake, Ia., July 30. – (UP) – Charges of second degree murder today were filed against John Hartman, of Arnolds Park, owner of the boat line which operated the Zipper, his son, Milo Hartman and Earl Yarnes, pilot of the ill-fated craft. They are charged with responsibility in the deaths of at least nine people who were drowned Sunday night when the Zipper and the Thriller collided on Lake Okoboji. All those aboard the Zipper were rescued.

“….at Lake Okoboji search today went forward in an effort to raise the sunken Thriller. It was thought three additional bodies might be found in the boat, as three passengers who were aboard the craft at the time of the accident are unaccounted for. Their names are not known. There is a possibility the three may have been rescued, officials said, and that the nine known dead constitute the death toll.

“….All bodies from the lake have been identified. They are:

Esther Rehnstrom, 22, Alta, Ia.
Neil Gelina, 1, Arnolds Park, Ia.
Melvin Koenck, 22, Everly, Ia.
Milo Nelson, 25, Linn Grove, Ia.
Tom Christian, Linn Grove, Ia.
Lucia Adams, 17, Everly, Ia.
Floyd Cummings, 45, Wabasso, Minn.
Henry Hintz, 54, Harris, Ia.
Arnold Steinke, 16, May City, Ia.
….
(UP. “Nine Bodies Recovered From Boat Tragedy.” Oelwein Daily Register, IA. 7-30-1929, 1.)

Aug 1: “Zipper Rammed Thriller With Heavy Toll of Life; Boat Line Warfare Reached Boiling Point Sunday; Many Ugly Rumors Being Circulated.

“The big city racketeer game was transferred to Lake Okoboji Sunday and as a result nine people are dead. The fight for passengers between competing boat lines resulted in a tragedy that snuffed out nine lives in the twinkling of an eye when the speed boat Zipper was driven into the side of the Thriller sending the latter to the bottom of 90 feet of water and causing the death of nine of the fourteen passengers. The eight passengers on the Zipper were all saved as the boat did not sink but was listing badly. The ramming of the Thriller took place at 9:15 Sunday evening just when it was dark enough that eye witnesses on the shore could not testify to what they saw.

“Tuesday John Hartman and son of Spirit Lake, owners of the Eagle Boat Line, together with the pilot of the Zipper, a fellow named Yarnes, were placed under arrest and lodged in the Dickinson county jail. The charge against them is second degree murder. They are now at liberty on $5,000 bonds. They will not have their preliminary hearing until the coroner’s inquest has been completed.

“The cause of the accident is to be determined by the coroner’s hearing which is now in progress but the preliminary evidence was sufficient to cause the arrest of the parties mentioned above.

“The feud between the boat companies dates back to the time the speed boat Miss Thriller was placed on Okoboji waters. This former submarine chaser had a speed of 68 miles per hour which was at least ten miles per hour faster than the speed boats operated by the Eagle Boat Line. The result was the Thriller secured the bulk of the business and the Hartmans have been using every means to get rid of their competition.

“Once the Thriller sank while at the Arnolds Park dock. The Hartmans endeavored to have the Thriller put off the lake, claiming they had sole rights to the Arnolds Park docks. The pilots of the two boats would stand at near by docks and call each other names. The Hartmans’ pilots seemed to be the aggressors in this line of activity according to general reports.

“Last week a bitter war raged between the pilots of the two boats. The price was reduced from $1 per ride to 75c, then to 50c and finally on last Wednesday to 25c. This was ruinous and on Sunday the Hartmans secured a party named Yarnes to pilot the Zipper. All day Sunday the verbal battle at the docks and a ‘cutting in’ battle on the waters raged between the pilots. Yarnes seemed to be exceptionally capable for the task for which he was selected. According to general reports Yarnes made the threat he would ‘get’ the Thriller before night. His attorneys denied he made this statement. However, it must be remembered, the Hartmans had put Yarnes on the Zipper on the day of the tragedy.

“At the first day’s preliminary hearing conducted by the coroner the evidence was brought out and substantiated that shortly before the Zipper was driven into the side of the Thriller that Yarnes, pilot of the Zipper, had turned his headlight to give the impression he was traveling at a different angle. It was on this testimony that the three men were arrested on a charge of murder.

“Governor Hammill has ordered the Harman speed boats to be discontinued and the licenses taken away from their pilots. He also wired for a diver from Chicago to come to Okoboji and make an effort to raise the Thriller from the bottom of the lake.

“The following particulars of the disaster are taken from Monday’s [July 29] Des Moines Register:

“An investigation into the motor launch crash on Lake Okoboji Sunday night which took nine lives was started Monday night by Coroner P. G. Grimm and Boat Inspector J. B. Thompson.

“All afternoon boats searching for the dead dragged the lake between Fort Dodge and Dixon Point, a half mile from the shore, where the two motor launches collided with a total of twenty-four aboard. By nightfall the death total had reached nine and two persons still were missing.

“Coroner Grimm, after a preliminary inquiry announced late Monday afternoon that he was ‘inclined to hold the launch, Zipper responsible.’ In a preliminary report by the coroner it was stated that the Zipper, a comparatively slow boat, was headed in a northerly direction when the accident occurred, and the launch, Thriller, a fast boat, was headed south. The coroner said he found the prow of the Zipper struck the Thriller in the rear, tearing a large hole in the latter boat.

It sank with all aboard. The Zipper was damaged and it sank far into the water, but five of the eight occupants were saved by Morris Mandelbaum, Jr., of Des Moines. Mandelbaum took five of the passengers of the damaged craft aboard another boat. The three remaining passengers also were saved and the launch was hauled to shore. The coroner said a formal inquest will not be held until all the bodies are recovered.
Rivalry Existed

“Rivalry on the lake between the owners of the Zipper and the owners of the Thriller has existed for some time. John Hartman, owner of the Zipper and the operator of the Eagle lines told the Register that he asked Jap Alexander and Frank Long, owners of the Thriller, to order drivers of their boats to stop pursuing the slower Eagle launches while they were carrying passengers. The request was made, the boatman declared, Sunday, the day of the tragedy. Hartman said the fast boats, belonging to Long and Alexander frequently pursued the slower Eagle boats around the lake to demonstrate their superior speed.
First Day As Pilot

“The driver of the Zipper, Harry Yarnes of Spirit Lake, was just completing his first day on Okoboji as a licensed driver when the crash occurred. Although he had driven speed boats before, he had just been employed by the Eagle company. He could not be reached for a statement.

“Coroner Grimm stated that Frank Long, pilot of the Thriller, informed him the headlight on the Zipper was turned at an angle, giving the impression it was bound in another direction. The light, according to the coroner, flashed on Long’s eyes. Believing the Zipper was traveling at an angle to him, according to the coroner, Long continued straight ahead.

Hartman Has Theory

“Hartman, however offered the theory that one of the twin motors, which are used to guide the Thriller, failed to function, throwing the Thriller into the Zipper’s path. He pointed out that it would have been difficult for the slower craft to get out of the Thriller’s path once the two boasts were close together.

“These were the details that will be sifted out in an attempt to set the blame for the accident at the coroner’s inquest. It is pointed out here that Long is a son-in-law of Thompson, Dickenson county deputy sheriff and boat inspector for Lake Okoboji. Thompson advised Hartmann to keep his boats off the lake Monday. Mr. Hartmann said he intended to operate them Monday night.

Boy Tells Of Crash

A stark story of the tragedy was related by Roy Barnes, son of Clinton Barnes, manager of an ice cream plant here, to his relatives. According to relatives, the boy, with Kenneth Terpits, a companion, was cast into the water when the crash occurred. Terpits is said to have had a life preserver, but threw it to a woman who was in the water. The Barnes lad told his parents he thought he had a life preserver when he was first cast into the water, but later lost it. There was a reunion between the two lads in the oil strewn water. Both are fair swimmers. Intermittently they swam and called for a comrade, who is thought to have been drowned. The confusion was great, the boy told his parents. Everyone was shouting and calling for help. He and his companion finally became exhausted from the search and set out for the shore. After they had gone a short distance they were picked up by a boat and saved.
Watchers Lined Shore

“Hundreds of persons lined the beaches here while the grim parade of the dead passed by. Motor boats raced out to the spot where the Thriller sank carrying divers, and then came back again carrying drowned men and women. The bodies were taken to undertaking establishments in Spirit Lake.

“Boat Inspector Thompson was busy all day long aiding in the search for the bodies. A score of boats scoured the oil swept waters aiding him. Amusement was suspended for a time while hundreds of persons crowded down the piers to await word from the searching parties.

“Relatives of the missing, who lived in Arnolds Park, waited hopelessly, while searching parties recovered the dead.
Sweethearts Parted

“A young man and a young woman from near Everly, Iowa, sweethearts, were among the dead. They cad come to Okoboji for an outing that ended in disaster. The body of the young man, Melvin Koenck, was recovered first. Later in the afternoon searchers found the body of the girl, Lucia Adams.

“The Thriller was a type of motor launch called a racing sea-sled.

“Hartmann declared the sea-sled had been pronounced unfit for lake transportation by authorities here, but was placed in service again after it was repaired.

Nearly Sank Once

“A. L. Peck, owner of an amusement park, summer resort and many concessions, stated he saw the Thriller nearly sink two years ago while it tied to a pier. A leak, he said, had developed at the bottom. Later, however, it became one of the fastest boats on the lake.

“Witnesses at the coroner’s inquest will be the survivors of the crash, Long, pilot of the Thriller, and Yarns, pilot of the Zipper. Hartmann said the eight survivors of the Zipper had complimented Yarns on the manner in which he handled his craft.” (Graettinger Times, IA. “9 Dead in Okoboji Boat Crash.” 8-1-1929, p. 1.)

Aug 29: “By The Associated Press. Spirit Lake, Ia., Aug. 29. – Frank Long, Jasper Alexander and Harold Yarnes, pilots of the speedboats which collided on Lake Okoboji July 28, with a loss of nine lives, were indicted by a Dickinson county grand jury today on charges of manslaughter growing out of the accident. John and Milo Hartman, owners of the Zipper, which Yarnes piloted, were indicted jointly on charges of conspiracy to destroy the property and the business of the owners of the Miss Thriller, the other boat. Each defendant is under $2,500 bond, awaiting trial at the September term of court here before Judge James Deland.

“The indictments closed a hearing which lasted more than a week before a special grand jury empaneled by County Attorney Kenneth B. M. Welty. The county’s investigation, however, was in charge of Jake Hess, of Council bluffs, appointed special prosecutor after Hartman’s attorneys charge Welty with prejudice. Sixty-seven witnesses were heard.” (Associated Press. “Indict Pilots in Lake Case.” Burlington Hawkeye, IA. 8-30-1929, p. 1.)

Aug 2: “Spirit Lake, Ia., Aug 2. – (AP) – Charges of second degree murder against three men growing out of the collision between the passenger boats, Miss Thriller and Zipper, Sunday night, were dismissed today when County Attorney K. B. Welty moved for the dismissal of Charges against John and Milo Hartman, owners of the Zipper.
….
“Spirit Lake, Ia., Aug. 2. – (AP) – Harold Yarnes, pilot of the Zipper, which collided with the Miss Thriller in Lake Okoboji Sunday night with a loss of nine lives, today was freed of charges of second degree murder growing out of the accident. The charge, on which a two-day preliminary hearing was held before Justice of the Peace C. W. Price, was dismissed this morning after attorneys for both sides had engaged in verbal tiffs throughout the sessions.

Judge Explains Decision.

Price, in giving his decision, said it was the first time in his 21 years of service that he felt an explanation of his action was necessary. ‘Two things appeared from the testimony,’ he said. ‘If there was any light on the Zipper it was not in such shape as to be visible to the occupants of the Miss Thriller. It also appeared that the Miss Thriller was not6 following instructions for boats on the lake and turned to the left side. Altho it seems that somebody made a mistake, all I can do is to turn Harold Yarnes loose.’
Other Hearings to Follow.

“The hearing of similar charges against John and Milo Hartman, owners of the Zipper, was set for 2 p.m. County Attorney K. B. Welty refused at noon to indicate whether he would ask dismissal of the charges against them.

“Harry Narey, attorney for Yarnes, in his closing arguments said: ‘If there was any carelessness in this collision it was on the part of the operators of the Miss Thriller rather than the Zipper. However, I am not saying there was any criminal carelessness.’” (Associated Press. “Free Speedboat Pilot in Probe of Okoboji Tragedy.” Waterloo Evening Courier, IA. 8-2-1929, p. 1.)

Aug 6: “Spirit Lake, Ia., Aug. 6. – (AP) – Continuation of proceedings to definitely fix the blame for the crash of the speedboats, Miss Thriller and Zipper, July 28, with the loss of nine lives, was indicated here with the action of the Dickinson county board of supervisors in authorizing the appointment of a special prosecutor. C. J. Stevens, assistant attorney general, to whom the board designated the authority of appointment, said he would name the prosecutor the latter part of the week.

“Action in shifting the burden of prosecution from the shoulders of County Attorney K. B. Welty was taken at his request, based on the tactics of attorneys for the operators and pilot of the Zipper in accusing him of bias in the recent preliminary hearings of the men on second degree murder charges. Welty is said to have acted as legal advisor for the Miss Thriller owners in a state board of conservation hearing recently.

“The proceedings against the Zipper owners, Milo and John Hartman, were dropped after the charges against their pilot, Harold Yarnes, was dismissed.” (Associated Press. “To Continue Probe of Fatal Collision on Lake Okoboji.” Waterloo Evening Courier, 8-6-1929, p. 2.)

Aug 8: “Six rules governing operation of boats on the public waters of the state were drawn up here Saturday under the supervision of Gov. John Hammill who was here conducting a personal investigation into the crash on Lake Okoboji, which resulted in the loss of nine lives. The governor also revoked the licenses of Harold Yarnes, pilot of the Zipper, one of the boats, Frank Long and Jap Alexander, skippers of the Thriller, the other boat, and Erley Farmers, operator of one of the Hartman boats, but who did not figure in the collision.

“O. L. Meade of Waterloo, state agent, was appointed by the governor in charge of controlling of all boats in operation on the Iowa great lakes for the rest of the summer.

“The following rules were drawn to be submitted to the Iowa state board of conservation for their adoption:

“1. No boat shall be operated at a speed in excess of twenty miles per hour.

“2. No passenger boat for hire, except steam boats and motor launches that cannot develop a speed in excess of fifteen (15) miles per hour shall be operated upon the public waters of the state between sunset and sunrise.

“3. No boat shall be operated upon the public waters of the state at a speed in excess of fifteen miles per hour between sunset and sunrise.

“4. No passenger-boat for hire shall be operated within one-fourth mile of the shoreline, except for the purpose of loading and unloading passengers.

“5. No motorboat shall be operated at a speed in excess of ten (10) miles per hour within two hundred (200) feet of any row boat or canoe.

“6. No boat shall be operated upon the public waters of the state after sunset without being equipped with a light visible at a distance of 300 feet.” (Spirit Lake Beacon, IA. “Gov. Hammill Visits Lake Regions.” 8-8-1929, p. 1.)

Aug 10: “Des Moines. – Appointment of Jake Hess of Council Bluffs, as special investigator of the Lake Okoboji boat crash was recommended to the Dickinson county board of supervisors today by Carl J. Stephens, assistant attorney general. Hess will investigate all phases of the collision between the Zipper and the Miss Thriller which cost the lives of nine persons a week ago Sunday night.” (Evening Democrat, Fort Madison, IA. “Hess Selected to Probe Boat Crash.” 8-10-1929, p. 7.)

Aug 21: “Spirit Lake, Aug. 21. – (A.P.) – A special grand jury convened here today to investigate the collision between the Zipper and Miss Thriller on Lake Okoboji, July 28, in which nine persons lost their lives. Jake Hess, Council Bluffs attorney, is acting as special prosecutor to relieve County Attorney Kenneth B. Welty, who asked to be excused from the case.” (Burlington Gazette, IA. “Grand Jury Meets for Investigation of Boat Tragedy.” 8-21-1929, p. 8.)

Aug 29: “Spirit Lake, Aug. 20. (AP) – The Dickinson county grand jury shortly after 1 p.m., returned four indictments charging three persons with manslaughter in connection with nine deaths in the Lake Okoboji boat crash July 28, and two persons jointly with conspiracy to destroy property and business of a rival boat company. Those indicted on manslaughter charges are: Jasper Alexander, mechanic of the boat Miss Thriller; Frank Long, pilot of the Miss Thriller; and Harold Yarnes, pilot of the Zipper. Milo and John Hartman, owners of the Zipper are charged jointly in one indictment with conspiracy to destroy the property and business of the Miss Thriller’s owners. All of the defendants are held under appearance bonds of $2,500. The cases will be heard at the September term of district court, before Judge James De Land, at Spirit Lake.” (Associated Press. “Jury Indicts 5 in Okoboji Boat Accident.” Mason City Globe-Gazette, IA. 8-29-1929, p. 1.)

Oct 3: “Spirit Lake, Ia., Oct. 3. – (A.P.) – Trial of Harold Yarnes on a charge of manslaughter growing out of the deaths of nine persons in a speedboat crash on Lake Okoboji last summer opened here today before a jury of eleven men and one woman. The defense was expected to ask that the charge against Yarnes, pilot of the Zipper, one of the boats involved in the crash, be made more specific. Arguments on the motion were expected to take up most of the day. Other owners and pilots of the Zipper and Miss Thriller, the other boat, also face charges of manslaughter.”
(Associated Press. “Start Trial of Speedboat Pilot.” Burlington Gazette, IA. 10-3-1929, p. 1.)

Oct 4: “Spirit Lake, Ia., Oct. 4. – (A.P.) – In his effort to prove negligence by Harold Yarnes, pilot of the Zipper, which sank the Miss Thriller, rival passenger boat, on West Okoboji lake, this summer, with resulting loss of nine lives, County Attorney J. B. Welty placed five witnesses on the stand in Yarnes’ trail for manslaughter here today.

“Mrs. Gilbert Adams of Keota, and Mrs. Jessie Snider of Hinton, passengers on the Zipper, testified that when the Zipper approached the Miss Thriller the latter seemed to swerve and turn her course in front of the Zipper. The Miss Thriller was struck in the stern. Mrs. Snider said the Miss Thriller began to sink immediately and all her passengers were thrown in the water except two women who were in the front of the boat. Mrs. Snider testified she had her two children with her in the Zipper and when it seemed that a collision was impending, Pilot Yarnes shut off the motor. Yarnes, she said, held one of her children above the water until the rescuers arrived.

“Jasper Alexander, mechanic of the Miss Thriller was on the stand for a few minutes. He stated he was half owner of the Miss Thriller. E. O. O’Farrell, a motor boat operator, was placed on the stand to show that the accepted distance between passing motor boats was 100 feet on West Okoboji lake.” (Assoc. Press. “Assert Pilot Swerved Boat.” Burlington Gazette, IA. 10-4-1929, 1.)

Oct 8: “Spirit Lake, Oct. 8. (AP) – Harold Yarnes, pilot of the Zipper, Lake Okoboji speedboat which crashed into the Miss Thriller July 28, causing loss of nine lives, was freed of a charge of manslaughter in district court here yesterday. Judge Fred C. Lovrien sustained a defense motion on the grounds that there was no evidence to show a crime had been committed. He told the jury to bring in a verdict of not guilty.

“Yarnes was the first of the three pilots of the ill fated speed boats to stand trial on the charges of manslaughter brought against them by a special grand jury in August. Jasper Alexander and Frank Long, co-pilots of the Miss Thriller, are docketed to appear at the November term of court, as are John and Milo Hartmann, owners of the Zipper, who are charged with conspiracy to obstruct business.

“Yarnes was freed before any defense witnesses had been presented. The state introduced several survivors of the collision on the witness stand.” (Associated Press. “Yarnes Freed in Boat Case.” Creston News Advertiser, IA. 10-8-1929, p. 1.)

Oct 16: “Judge Lovrien Tells Jury To Free H. Yarnes. Gives Long Resume of Testimony; Shows Why Yarnes Is Not Guilty. Address Has No Bearing On Guilt of Others Who Are Held.

“When Judge Lovrien directed the jury trying the case of the state of Iowa versus Harold Yarnes, to return a verdict for the defendant, Harold Yarnes, pilot of the Zipper, one of the craft in the fatal boat crash on Lake Okoboji, Yarnes was freed of the charge of manslaughter which had been brought against him following the death of nine persons.

“The act of Judge Lovrien is thought by many persons to indicate the outcome of similar cases against Jasper Alexander and Frank Long, pilots of the Miss Thriller. However, The Reporter has secured the complete text of Judge Lovrien’s address to the jury in directing a verdict for Yarnes. This address shows quite plainly that the judge’s action will have no bearing on the outcome of the other cases. Following is t eh text of the address:

In the District Court of Dickinson County, Iowa, September Term, 1939
State of Iowa, Plaintiff, vs. Harold Yarnes, Defendant.

The Court:
At the close of the State’s evidence, the Defendant moved the Court to take the case away from the jury and to direct a verdict for the Defendant. This motion has been fully argued on the part of the Defense, and resisted on the part of the State. I realize that this is a case of state wide importance; it is a terrible disaster, which occurred at our principal lake resort, which is the center during the summer time of many attractions and the people of the whole state of Iowa are greatly shocked because of the disaster, which resulted in the loss of nine lives.

It became the duty of the State of Iowa to prosecute the parties in control of the boats and to place before the Court and the Jury all of the evidence; and I want to say that in no case which I have ever heard has the State of Iowa been more fair and more inclined to get the full truth of the matter before the Court, without any effort to suppress facts detrimental to the State’s side of the case, as in this case; and I think the prosecuting attorneys are to be commended for their conduct in this respect.

As I have said this was a case of such state wide interest that it was necessary and proper that it be tried out in court, and that all of the facts be made known. This has been done, so far as the State is concerned, in a very able manner, and it is now the duty of the Court to pass upon the question of whether or not a crime has been committed by this Defendant. The Court has weighed very carefully all of the evidence as it has been given on the stand. There is not the possibility of a doubt that if the evidence were submitted to a jury and the jury should bring in a verdict of guilty, it would be set aside and the Supreme Court would not uphold such a verdict, based upon this state of facts. It becomes therefore my duty to direct the jury to find a verdict for the Defendant in this case. And I want to review briefly the reasons. In the first place under our law, every defendant is presumed innocent until he is proven guilty beyond a reasonable doubt. The law raises no presumptions of guilt. Every act of the defendant must be viewed in the light of innocence, until it is shown that he has committed some act which under the rules of this case, constituted culpable negligence.

“Taking the evidence of this case – and it has been very complete, and has covered very fully every act that took place at the time of this disaster – the witnesses uniformly and without dispute testified that the two boats were approaching each other, and that the Thriller was at a distance to the left of the Zipper of about three hundred feet.

“Now, we must take into consideration the fact, as shown by the evidence, that the docks were close together from which these boats took off and to which they returned; that the Thriller had left its dock and gone out into the lake, making a wide circle, and was on its return to the dock from which it had started, therefore the operator of the Zipper had every reason to believe that the Thriller would continue at a distance of approximately the same distance between the boats, so far as being one to the left of the other was concerned, until it reached its destination. With that thought n mind, the operator of the Zipper had of course no reason to expect any difficulty in passing the other boat. Following along this course, the evidence shows that the boats approached each other, and still at a distance; that as they approached to a point some three hundred or four hundred feet apart this Defendant took hold of the light, which is a swivel light, upon his boat, and moved it and shook it evidently for the purpose of attracting the attention of the other boat.

This is the first indication on the part of the Defendant of his good intention not only to control his own boat properly, but to warn the other boat of his exact presence. The next move, and it is undisputed in the evidence, is that he turned towards the right. At his point I think we should remember the relative speed capacity of these two boats, and the speed at which they were traveling, because this fact governs to some extent naturally the conduct of the pilots of the boats.

The defendant did not make a turn towards the left, but all of the evidence shows that the only turn he made up until immediately prior to the collision, was the one turn towards the right.

Now, I think it becomes very material at this point to observe that these two boats both dock at near the same place, so that this Defendant had every reason to believe that the Thriller would not cross his path but would continue in about the same direction that it seemed to be going when it first came in view.

“Now, for some reason, unknown and unexplained, the Thriller suddenly turned and crossed directly in front of the Zipper and as it made the turn it became apparent to the occupants of the Zipper that the Thriller would collide with their boat. It being a more rapid and speedy boat was one of the facts, of course, which the pilot of the Zipper had reason to take into consideration.

The evidence all shows that the Zipper was a very slow boat, that it was making a speed of somewhere between fifteen and twenty miles an hour. The evidence shows undisputedly that the other boat was a much swifter boat, and that just before the accident the engines were speeded up. Now, under all these facts the question arises – what should the Defendant have done, that he did not do, or, what did he do that he should not have done; and I asked myself what I would have done, in exactly the same position that he found himself – unexpectedly confronted with a swifter boat, making a turn in front of his course, with ability to outrun his boat, and to strike somewhere near the center, if the boats continued in the same course. With all of those things in mid, as they must have been in his mind, he stopped his engine and turned his boat suddenly to the left as best he could, believing that in so doing he might avoid a collision, which seemed inevitable.

“And who is it that can say that he did not do the right thing? Who can say that he even failed in using good judgment? It seems to me that he used the best judgment that he could have used, and that the collision was inevitable at that time, and that the proximate cause of this disaster was the fact of the sudden changing of the course of the Thriller.

“Now, of course, the question has been raised and argued, on the part of the State, that these two boats might have avoided the accident, that both of them came towards each other for a long distance, and that is true, but we must remember that navigation upon the lake always brings about such conditions – boats do come towards each other – and it is not regarded as dangerous for boats to come in opposite directions if they observe the rules in passing and each turns out to the right; and so I don’t believe it can be said that the fact that two boats crossed that lake, coming towards each other, in view of the fact that they were not directly in front of each other, but at a distance of about three hundred feet, one to the right and the other to the left, can be in any way regarded as even negligence on the part of the operator.

If any negligence occurred, even of a minor nature, it occurred when those two boats had arrived at approximately two or three hundred feet apart, and no one had, up until that time, any reason to fear. And when you stop to consider the fact that this two hundred to three hundred feet between the boats is covered in only – possibly four or five seconds of time, and that the time necessary to bring the boats together, after they were within one hundred feet, is just one tick of the watch, it is easy to see how such an accident might happen, and yet have this Defendant absolutely free from even the slightest degree of negligence. And I want to say further that the whole conduct of this Defendant tends to show that he was not a man of careless ways, that he was not unmindful of the safety of his passengers or of the passengers upon the other boat. In fact this whole record is a showing of the good intentions on the part of the Defendant towards all of the people upon the water, and I feel that there could be no possibili6ty of the jury doing anything other than bringing in an unanimous verdict for the Defendant, if this case were submitted to it, and, as I have said, believing it to be the law that no crime has been committed by this Defendant, it becomes my duty to direct the jury to bring in a verdict for the Defendant, and I so direct.”

(Spencer Reporter, IA. “Judge Lovrien Tells Jury to Free H. Yarnes.” 10-16-1929, p. 1.)

Oct 17: “….County Attorney Kenneth B. Welty has declared that he felt the state had the strongest case against Yarnes and that if they could not get to the jury with it, he felt they would be unable to do so with the cases against Long and Alexander. He plans to submit these cases to the board of supervisors, he says, and if the board feels the necessary expense is warranted, they will be tried….” (News Herald, Spencer, IA. “No Evidence to Convict Yarnes.” 10-17-1929, p. 10.)

Dec 10: “Spirit Lake, Iowa, Dec. 10. – (A.P.) – Milo Hartman today went on trial in district court here on a charge of conspiring to injure and destroy the character, business and property of Jasper Alexander and Frank Long. Harman, with his father, John, owns the Eagle boat line, operator of the Zipper, passenger speedboat, which on July 28, collided in Lake Okoboji with the Miss Thriller, owned by Alexander and Long, causing nine persons to lose their lives. The Hartmans were indicted jointly but Milo was placed on trial alone today. A jury of six men and six women was chosen to hear the evidence.” (Associated Press. “Milo Hartman on Trial for Alleged Libel Conspiracy.” Burlington Gazette, IA. 12-10-1929, p.8.)

Dec 12: “Spirit Lake, Iowa, Dec. 12. (AP) – Milo Hartman, charged with conspiracy to damage the reputations and property of Frank Long and Jasper Alexander, today took the witness stand in district court here and denied virtually all of the accusations made by state witnesses against him. Harmen, with his father, John, own the Eagle Boat company, whose craft, the Zipper, collided with the Miss Thriller on West Okoboji lake July 28, causing a loss of nine lives. Long and Alexander owned the Miss Thriller.

“Hartman declared he and his father never were on the Miss Thriller dock together when it was being built. He said he had ‘too much respect for women’ to make thee statements attributed to him by witnesses previously. He charged that the Miss Thriller at times chased their boat and that Long and Alexander solicited patronage on the Eagle Boat company docks. He said they would take passengers on the Miss Thriller who held tickets for the Hartman boats, sending someone to redeem the tickets later. He denied charges that he had threatened to tear out the Long-Alexander dock.” (AP. “Milo Hartman on Trial for Alleged Libel Conspiracy.” Burlington Gazette, IA. 12-10-1929, p.8.)

Dec 13: “Spirit Lake, Dec. 13. (AP) – The defense closed its case at noon today in the conspiracy trial of Milo Hartman, growing out of the speedboat crash which cost nine lines on West Okoboji lake last July. Seven defense witnesses testified this morning before the state began its rebuttal. Court attaches did not expect the case to reach the jury before Monday, as a recess over the week-end was expected after this afternoon’s session. Defense witnesses this morning testified that employees of the Alexander Boat line, operators of the Miss Thriller which sank with a loss of nine lives after the Zipper, operated by the Hartman company, collided with it, had removed part of a boardwalk leading to the Hartman dock to put in a dock for the Zipper operators.” (Associated Press. “Hartman Ends His Defense.” Mason City Globe, IA. 12-13-1929, p. 1.)

Dec 17: “Spirit Lake, Ia., Dec. 17. – (A.P.) – The first conviction on criminal charges growing out of the crash of speedboats on Lake Okoboji July 28 in which nine persons were drowned was reached yesterday when Milo Hartman was found guilty of conspiracy to destroy the business, property and character of Jasper Alexander and Frank Long, his rival boat line operators. Hartman and his father, John, were owners of the Zipper, which rammed and sank the Miss Thriller, owned by Long and Alexander. Judge F. C. Davidson gave Milo Hartman ten days in which to file motion for an appeal.

“Testimony during the trial, which lasted a week, showed that Milo Hartman had threatened to destroy a new dock built by Alexander and Long and that Hartman had told prospective passengers that the Alexander-Long boats were not safe. The defense offered testimony that Alexander and Long were aggressors in the boating rivalry.” (Associated Press. “Spirit Lake Jury Convicts Hartman.” Burlington Gazette, IA. 12-17-1929, p. 1.)

Dec 19: “After hearing arguments on the motions offered by the defense attorneys yesterday morning, Judge Davidson over-ruled the motions and sentenced Milo Hartman to the penitentiary for three years, that being the only sentence provided under the law. Defense attorneys immediately served notice of appeal and posted bonds in the amount of $800, to take the case to a higher court. In overruling the defense motion Judge Davidson pointed out that the sentence and the prosecution had nothing to do with the boat disaster of July.”

May 1, 1930: “A change of venue was granted in the conspiracy case of the State vs John W. Hartman by Judge Lovrien on Friday. Following the filing of the petition and oral arguments thereon the court ruled to hear the case in his first term following the summer vacation, which will convene at Pocahontas on September 2d…..” (Spirit Lake Beacon, IA. “Hartman Conspiracy Case Taken to Pocahontas for September Trial.” 5-1-1930, p. 1.)

July 4, 1930: “Arnolds Park, Ia., July 4 – (INS) – The boat Miss Thriller, has emerged from her bed at the bottom of West Okoboji Lake and is today sitting on dry land for the first time in a year. The boat was sunk last July in a collision with the Zipper and nine lives were lost. The boat was hauled ashore yesterday evening by a tractor after a steamer had pulled the hulk to Terrace Park. A diver located the boat Tuesday in 120 feet of water.” (INS. “Boat Sunk in Okoboji Brought Up.” Charles City Press, IA. 8-4-1930, p. 1.)

July 9, 1930: “Arnolds Park, July 9 – Special to The Spencer News-Herald) – The seasled, Miss Thriller, brought to West Okoboji five years ago and added to the passenger motorboat lines to thrill pleasure-seekers, nosed its prow onto the sands of Terrace park at noon July 4 after lying in ninety-six feet of water for more than eleven months. With its rear end sliced off and two air plane motors weighing it down, the boat slid backwards into the mud on the lake bottom at dusk last July 28, sinking so rapidly and so quietly that the fifteen persons on board could not reach for life preservers or expect calls for help to be answered….

“The only seasled on the lakes, the Miss Thriller was of interest to those who did or did not ride the fast motor boats. It was propelled by airplane motors and did not have a rudder but was controlled by the speed of the engines. It required two men to operate it and was so constructed that it could not be backed….” (Elston, Hattie. “Reviews Speed Boat’s History.” News-Herald, Spencer, IA. 8-10-1930, p. 2.)

Sep 18, 1930: “The second Hartman conspiracy case, that of the State vs. John Hartman, came to an abrupt ending late Wednesday afternoon when the motion made by the defendant’s attorneys, following the conclusion of the state evidence for a directed verdict, was sustained by Judge Lovrien and the case taken from the jury and dismissed.

“The trial was started in Pocahontas court on Friday [Sep 12], on a change of venue from Dickinson county. Considerable delay was occasioned in actually starting the case over the transcripting of the case to the Pocahontas county court but before the adjournment was taken for Saturday afternoon fourteen jurors had been examined. The completion of the jury was perfected Saturday morning and the state immediately started introducing its evidence. Similar evidence to that introduced in the Milo Hartman case, was produced, only not quite so extensive.

“The state rested its case on Tuesday following which former Judge D. F. Coyle [of the defense team] filed a motion for a directed verdict. Judge Lovrien announced that he would hear arguments before passing on the motion.

“At the opening of court Wednesday morning, Judge Coyle spent two hours in argument for a dismissal of the charge, followed by Atty. J. J. Hess in opposition, and H. E. Narey, W. B. Bedell and Shaw for the defense and County Attorney K. B. Welty and Abe Devaul for the state. The arguments waxed bitter and personal ere completion.

“In ruling on the motion Judge Lovrien said that the public should realize that the charge against Hartman has no connection with the boat crash in July, 1929, but is one in which it must be shown that there was concerted understanding between the father and the son, Milo Hartman, to put the rival boat line out of business. This the state failed to show….

“The other two cases [against Frank Long and Jasper Alexander, owners of the Miss Thriller] have never been brought to trial. Indictments were also brought against Milo and John Harman for conspiracy. The first was tried in Dickinson county last spring and the jury returned a verdict of guilty. The case is now appealed to the supreme court….

“The case of Milo Hartman, which was appealed to the supreme court will be heard by that body on November 11th, when oral arguments by the attorneys will be made.” (Spirit Lake Beacon, IA. “Hartman Conspiracy Case Dismissed by Judge Lovrien in Pocahontas Court Wednesday Afternoon.” 9-18-1930, p. 1.)

Oct 2, 1930: “….The owners of the Zipper and the Thriller…are still operating boat lines on the lakes and carrying passengers. One of the Hartmans was sentenced to three years in the penitentiary but appealed his case and is out on bail. No one has yet been punished for the death of these nine people, the owners of the boats still carry passengers, and the present owners of the Thriller were going to capitalize the terrible accident….” (Spencer Reporter, IA. “Would Capitalize on Lake Tragedy.” 10-2-1930, p. 8.)

Dec 13, 1930: “Des Moines, Dec 13 – AP – The sentence of Milo Hartman, Spirit Lake boat operator, to three years for conspiracy to damage the property of rival boat owners, was upheld by the Iowa supreme court today….” (Assoc. Press. “Milo Hartman Must Serve 3 Year Sentence. Supreme Court Upholds Sentence of Owner of the ‘Zipper’.” Carroll Daily Herald, IA. 12-13-1930, p.6.)

May 7, 1931: “Des Moines, May 7. – (UP) – The Iowa supreme court today granted a rehearing to Milo Hartman, whose conviction for conspiracy the court previously had upheld….When the supreme court upheld the conviction of Milo Hartman, it placed him in the peculiar position of conspiring with his father, while the latter was acquitted in a lower court trial. Laws relating to conspiracy provide that for conviction it is necessary to prove that more than one persons was involved. The rehearing, which will be in the form of written arguments, will come before the September term of the supreme court.” (United Press. “Supreme Court Gives Hartman New Hearing.” Cedar Rapids Evening Gazette, IA. 5-7-1931, p. 16.)

Dec 3: “Milo Hartman, owne4r of the speed boat Zipper that figured in a fatal boat collision at the Okoboji a couple of years ago, was released from [the threat of] serving a three year sentence in the penitentiary a week ago, when the supreme court reversed the Dickinson county court trial. He has not served any of the three years sentence, it is understood here, but has been out on bond. Nine persons were drowned when the Zipper and Miss Thriller collided in July, 1929.” (Kossuth County Advance, Algona, IA. “Fatal Speed Boat Owner Freed by Supreme Court.” 12-3-1931, 4.)

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