USA > Colorado > Larimer County > History of Larimer County, Colorado > Part 10
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[53]
HISTORY OF
LARIMER COUNTY, COLORADO
Missouri river, making two trips a year. One sea- son he made three trips, making a total of eleven round trips across the plains in the years 1862, 63, 64, 65. A. R. Chaffee rode into the Big Thomp- son valley in 1862 astride a mule. Tired and hun- gry he rode up to a cabin about which he saw a white man, and asked for something to eat for him- self and his mule. Being told that he could have it Mr. Chaffee put up his mule and entered the cabin. Over a fire in one corner he saw a kettle, before which sat an Indian woman. Ravenously hungry, Mr. Chaffee noticed with disappointment, the slim peparations being made for a meal, but it was too far to the next cabin, so he waited developments. A little later the man of the house came in, the kettle was placed on the floor in the center of the room and the guest was told to help himself. Apologizing for the slim fare, Jack Jones, the proprietor, stated that there was not a pound of flour in the settlement and hadn't been for some time; further, that he had no idea when there would be any. Jack Jones' real name was William McGaa, and his oldest son was the first child born in Denver and bore the name of his birthplace-Denver McGaa. The boy grew to manhood in the Cache la Poudre valley, but went to Pine Ridge agency in the early 80's to join the tribe of Indians of which his mother was a member. He has revisited the scene of his boyhood on several occasions but not to stay long, prefering the nomadic life of the aboriginees to the career of the average hardworking white man.
Soldiers Establish Camp at LaPorte
In 1863, Co. B of the First Colorado volunteer cavalry, was stationed for a few weeks at Laporte, employed in guarding the mountain division of the Overland stage line and the emigrant trail against depredations by the Indians, raids of white despera- does and stock thieves, with which the country was infested at that time. The desperadoes and stock thieves, mainly Mexicans with, perhaps, a dare-devil white man as leader, were more dreaded by the early settlers than the Indians, for the Plains Indians very seldom interfered with the property of white men in the country, but they were often charged with running off stock when they were not guilty. The white or Mexican marauders stole the stock and laid the theft to the redmen to avoid suspicion of themselves. In this way the Indians, though inno- cent, were often blamed for things they did not do, which enabled the real offenders to get away with their booty. The troops patroled the stage line from
Laporte to Laramie Plains and often a detail of soldiers was sent out with the coaches and also with trains of emigrants to protect them from raiders. The United States mails were carried by the Over- land stage and they had to be protected by the gov- ernment from interference by the Indians and white desperadoes. Thousands of emigrants were moving
FALLS OF THE CACHE LA POUDRE
westward in those days and they also claimed and re- ceived, so far as it was possible, the same protection. The result was the soldiers were kept pretty busy most of the time. After a stage coach or a train of emigrants had been guarded by soldiers from La- porte to Willow Springs on the Laramie Plains, it was turned over to another detail of troops which accompanied the travelers to the next division point ; the first detail returning to their post at Laporte. In this way the line was kept open and practically undisturbed, for the Indians and desperadoes had a
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HISTORY OF LARIMER COUNTY, COLORADO
healthy fear of the soldiers and generally gave them a wide berth. Occasionally a band of Indians or white marauders would swoop down upon a guarded stage coach or a protected emigrant train and either overpower or kill the guards and run off the stock, but these raids did not occur very often. The road from Denver to Willow Springs was kept open all of the time and travelers were seldom molested. From Willow Springs westward across the Laramie Plains the stage and emigrant trains had more or less trouble from raids by the Indians, and many of the people lost their lives through the rapacity of the savages. Road agents or stage robbers gave the Overland company more trouble than the Indians. They usually did their work in the night while the Indians very seldom operated after dark. In Septem- ber, 1862, an east bound Overland coach was held up near the North Platte crossing and robbed by two men. The driver was killed and the robbers carried off a small iron safe, which contained $70,- 000 in gold dust that was being sent east from Cal- ifornia by express. There is a tradition to the effect that this treasury box was brought down the line to Virginia Dale and hidden in the hills near the station. Later that fall two prospect- ors, a German and an Irishman, on their way to Denver, made their appearance at John B. Provost's in Laporte, with a large quantity of gold dust which they claimed to have taken from a mine in the mountains which they had discovered. In the spring of 1863 they again passed Provost's on their way to the mountains, returning in the fall with between $6,000 and $7,000 in gold dust which they said came from their mine, the loca- tion of which they refused to make known. The following winter, so the story goes, the Irishman was killed in a quarrel at Central City and the German made his trips to his gold mine alone after that, always returning in the fall with a goodly quantity of gold dust. Efforts were made to get him to tell where his mine was, but he always put off his questioners in one way and another and never would give the desired information. At last a party of men set out to find what was then called the "Dutchman's" mine, but after prospecting for sev- eral days without results gave up the search. In the spring of 1864, when the old German passed through Laporte on his way to the mountains, two men followed him thinking he would lead them di- rectly to the place where he claimed to have found so much gold, but he discovered their purpose and threw them off the track by going up the Cache la Poudre and crossing over into what is now Grand
county through Lulu pass. He was never after- wards seen in these parts. The story goes that he was lynched in Central City for killing a man. At any rate the "Dutchman's" mine was never found, and the supposition is that the German and his part- ner were the ones who held up and robbed the stage coach of its treasure box and afterward obtained their supply of gold dust from the place where they had hidden it in the mountains near Virginia Dale.
The keeping of a record of the proceedings of the board of county commissioners began October 8th, 1864, when Abner Loomis, John Heath and Will- iam A. Bean, commissioners for the county, ap- pointed by Governor John Evans, met at Laporte and organized by electing Abner Loomis chairman. According to the record, all the board did after or- ganizing was to approve the official bonds of the several county officers appointed by the governor at the same time the commissioners were appointed.
There was, in fact but little else to be done at that time. There were no public roads, no bridges, ex- cept private or toll bridges, and no school districts in the county. No term of the district court had then been held consequently there were no jurors nor witnesses to be paid, and the newly ap- pointed county officers had as yet performed no serv- ice for which they were entitled to pay. As a matter of fact, the commissioners had no public money to expend for any purpose, as the first assessment of property in the county for taxation was made that year. The records fail to show who was assessed, what species of property was listed and the total amount of the roll, but the footings of the roll could not have amounted to many thousands of dollars, as only personal property such as cattle, horses, wagons and improvements on public land were subject to taxation. The land could not be taxed as the title still remained in the government and as the country was new and most of the settlers were poor, there was not much property to assess. The public land had just been surveyed by the government and of course no land patents had been issued to any of the settlers. Previous to the time when the public sur- veys were completed the settlers only possessed a squatter's right to their lands, but after the surveys were made and section and township lines were es- tablished, they began to make preemption and home- stead filings in which these lands were definitely de- scribed. These lands could not be taxed, however, until after the government had issued patents on them, and it does not appear from the county records that any of the public lands in Larimer county were patented until several years afterward, consequently
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HISTORY OF
LARIMER COUNTY, COLORADO
only the improvements made on them by settlers were taxed.
The first land patent recorded in Larimer county was issued May 1st, 1867, to Antoine Janis, as- signee of Marcus Minorca, a New Mexican volun- teer in the Navajo trouble to whom had been issued land warrant No. 103,153, for 160 acres of land. Janis located the warrant on the E. ¿ of the S. E. ¿ of section 30, and W. ¿ of the S. W. ¿ of section 29, township No. 8, north of range No. 69, west of the 6th principal meridian, the same land he had claimed under a squatter's right in 1844-twenty- three years before. The patent was signed by An- drew Johnson, President of the United States, and recorded on August 30th, 1867, in book "B" of the Larimer county records, by John C. Matthews as deputy for Edward C. Smith, county clerk.
Before the county was thoroughly organized for judicial purposes in 1864, A. F. Howes, who had been appointed county clerk by Governor Gilpin soon after Larimer county had been created by the Territorial legislature, opened "Book 'A' of deeds of Larimer county, Colorado Territory." In this book were recorded squatter's claims to land, bills of sale, chattel mortgages; and later on land office receiver's duplicate receipts; quit-claim deeds, con- tracts, etc. The first instrument in writing re- corded in this book purports to be Hal Sayr's squat- ter's claim to 160 acres of land, which was filed for record January 31st, 1862, by A. F. Howes, county clerk and recorder. Four days afterwards, on Feb- ruary 4th, 1862, E. W. Raymond's squatter's claim was filed for record from which it appears that the county clerk was not rushed with work in those days. Every one of the instruments recorded in 1862 were acknowledged before J. C. Peabody, who seems to have been the only justice of the peace in the county. Hal Sayr acted as deputy clerk in 1862, and J. C. Peabody served as deputy in 1863, under A. F. Howes. The last instrument recorded in book "A" is a quit-claim deed from J. M. Sher- wood to Ben Holladay, sub-contractor of the Over- land stage company. It conveys to the grantee the rights of the grantor to certain lands situated near the mouth of Boxelder creek, the consideration named being $500. This deed was recorded Octo- ber 24th, 1863, by L. Wright, deputy, in the ab- sence of J. C. Peabody, the regularly appointed deputy clerk. Book "B" of the record of deeds was opened April 10th, 1865, by H. W. Chamberlin, county clerk and recorder. Between October 24th, 1863, the date of the recording of the last instru- ment in book "A", and April 10th, 1865, the date
of the opening of book "B", the records fail to show that any instruments were recorded by the county clerk. There is a hiatus there of one year, five months and sixteen days, when business in the county clerk's office appears to have been at a stand- still. The first instrument recorded in book "B", April 10th, 1865, was a United States receiver's duplicate receipt No. 197, issued to A. F. Howes, February 7th, 1865, upon the payment of $200, being in full for the N. { of the N. E. 4, and N. E. 4 of the N. W. ¿ of section 18, and S. E. ¿ of the
FIRST CHIMNEY BUILT IN LARIMER COUNTY: HOME OF EBENEZER DAVIS
S. W. ¿ of section 7, all in township No. 7 north of range No. 68 W. embracing 160 acres at the rate of $1.25 per acre. The duplicate was issued at the Denver land office by C. B. Clement, receiver. From the records this appears to have been the first entry of public land in Larimer county and the first duplicate receipt issued to a Larimer county pre- emptor. Mr. Howes, who was afterwards county judge of Larimer county and later represented the county in the state senate for four years, filed a squatter's claim on the land described in 1862 and preempted the same soon after the Government sur- vey had been made in 1864. He proved up on his preemption in February, 1865, and completed the the entry under the United States land laws. This formed a part of Judge Howes' 800-acre ranch which he owned and controlled for 35 years, when it passed into other hands and is now owned by the Water Supply and Storage Company.
No one living here at the present time seems to be able to account for the hiatus of nearly eighteen months in the public records of the county. It was not because the settlers had forsaken their homes
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HISTORY OF
LARIMER . COUNTY, COLORADO
and claims and gone elsewhere, nor because they neither bought nor sold land claims or other prop- erty during the interim, for the same names appear in record book "B" as grantors and grantees that appeared in record book "A", with here and there a new name, showing that instead of having moved away accessions had been made to the number of settlers here in 1863. It is possible that Judge Howes, who opened record book "A" January 31st, 1862, before the county had been organized for judi- cial purposes, found that his acts as county clerk and recorder had no legal standing and were therefore invalid, hence closed up his office and discontinued the keeping of the records. Whatever the cause, the fact remains that there is not the scratch of a pen in the public records from October 24th, 1863, to April 10th, 1865, to show that a single transfer of property had been made by anybody within the boundaries of Larimer county. This lapse in the records does not, however, effect titles to land, for in those days no one had any better title than a squatter's right to preempt or homestead when it came into market. The government surveys were made in the latter part of 1863 and in 1864, and it was not until then that settlers could get even a shadow of a tittle to the land they had squatted upon. After that, preemption and homestead filings were made and these subsequently proved up on when the title passed from the government to the settler. The number of Judge Howes' duplicate receipt, 197, shows that up to that time, February 7th, 1865, but few settlers in Colorado had acquired title to their land. That was because the govern- ment surveys had not been made and therefore no title to land could be given until the country had been surveyed, platted and opened for permanent settlement. When this was done, thousands of pre- emption and homestead filings were made and the records of Larimer county from that time on are filled with recorded evidences of title to real estate. The first settlers of the county located on the bottom lands adjacent to the streams and not until these were all taken up and occupied, was any attempt made to secure claim or title to what are known as bench or bluff lands. Native grasses grew luxur- iantly on the bottom lands and, when cured, made excellent hay, and as hay, in the early days, brought a good price at Denver and in the mining camps, the first settlers devoted almost their entire efforts and energies to the production of hay. A few of them planted gardens in the low lands and raised potatoes and other vegetables for market with marked suc- cess. But little grain of any kind was grown in
the county until about 1864, when a few of the ranchmen ventured to sow wheat and oats and to plant corn. The result of these few experiments were so much better than expected that a much lar- ger area was planted to small grains in 1865, so that the birth of diversified agriculture in Larimer county can be dated from about that period of time.
After the settlers began to get titles to their lands the county took on a better and more favorable ap- pearance. Improvements were made, more comfort- able and more convenient houses were built to take the place of sod-covered and dirt-floored log cabins, the farms were fenced, trees planted and the general air of the Great American desert began to take on a more civilized and homelike aspect. About this time it was demonstrated that the uplands produced the best wheat, oats and other small grains and largest yields per acre and new comers began to locate on and improve them. Companies were incorporated to build irrigating ditches through which to carry water from the streams to irrigate the lands, which previous to this time, were thought to be worthless except for pasture. The surplus grain produced in 1865-6 and 7 was hauled in wagons to Denver and marketed at good prices, and all the ranchmen were making money and doing well. New farms were opened up and the grain crops became so important that in 1867 a grist mill was built in the Big Thompson valley and a year later another one was erected at Fort Collins. These mills were equipped with old fashioned millstones and bolts, but they served a good purpose for several years and afforded the farmers of the two valleys a home market for their surplus grain products, thus saving the long and tiresome haul to Denver.
Late in 1863, Co. B of the First Colorado volun- teer cavalry was transferred from Laporte to another field of activity and a detachment of the Eleventh Kansas volunteer cavalry was sent west to guard the Overland stage line, taking the place of the Colorado troops. The following spring Lieut. Col. W. O. Collins, commanding the Eleventh Ohio regiment of volunteer cavalry, stationed at Fort Laramie, Wyoming, sent companies F and B of his regiment to Laporte to take the place of the Kansas troops which had been ordered into active service in the field. The Ohio troops arrived here in May and established a post a short distance southwest of the point of rocks west of Laporte, which they named Camp Collins in honor of Col. Collins, commander of the regiment. These two companies of mounted troops, commanded by Capt. W. H. Evans, remained at Camp Collins doing patrol and guard duty until
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HISTORY OF
LARIMER COUNTY, COLORADO
October, 1864, when the camp was moved to the site of the present city of Fort Collins, the reason of the change being that the old camp at Laporte was flooded during the high water of June that year and much of the camp equipment, including tents, ammunition, blankets and clothing was washed away and lost at a cost of several thousand dollars. The new Camp Collins formed the nucleus around which the present city of Fort Collins and county seat of Larimer county, has since been built up, and as the history of the camp and the founding of that city are intimately connected, further and more ex- tended reference to the soldiers and their duty and experiences here, will be made under the separate head of "Fort Collins" in this volume.
Early Records of County Com- missioners
Though set off and created by an act of the Ter- ritorial legislature, approved in September, 1861, as already stated, Larimer county remained unorgan- ized until 1864, for reasons elsewhere given, con- sequently little or nothing was done in the way of making public improvements. The county remained in an inchoate state. The elements were present, the people were here, though few in number, compara- tively speaking, the boundaries had been defined and the legislature had conferred upon the inhabitants the power to organize and the governor had ap- pointed a full set of county officers so that, appar- ently, nothing stood in the way of the establishment of a county government. But the people were not yet ready to assume the responsibility. They were satisfied with conditions as they existed. The board of county commissioners appointed by Governor Gilpin in January, 1862, failed to organize and there is nothing on record to show that the other county officers appointed at the same time qualified by filing bonds and oaths of office. Later in the season Governor Gilpin appointed a new set of county officers, including Joseph Mason, James B. Arthur and William B. Osborn as a board of commissioners. This board organized by electing Mr. Osborn chairman, and proceeded to lay out the commissioner districts of the county practically as they still exist. Capt. C. C. Hawley informed the author that after the failure of the first board of commissioners, Gov. Gilpin appealed to him to furnish the names of three qualified men for commissioners who would organ- ize and act as such. Capt. Hawley recommended Messrs Mason, Arthur and Osborn and they were
appointed. A. F. Howes was at the same time ap- pointed clerk and recorder and he entered upon his official duties January 31, 1862. It does not ap- pear that the board of commissioners transacted any public business during their term beyond that of lay- ing out the commissioner districts.
In September, 1864, Governor Evans appointed the following county officers: County Commision-
SAWTOOTH MOUNTAIN, FROM MICHIGAN DITCH CAMP
ers, Abner Loomis, John Heath and William A. Bean; County Judge, John E. Washburn, Sheriff, Henry Arrison; Treasurer, B. T. Whedbee; Asses- sor, J. M. Smith; County Clerk, H. W. Chamber- lin; Superintendent of Schools, H. B. Chubbuck. At this time there was but one public highway in the county and that was the Territorial road leading north from Denver to Fort Laramie. This road followed the Old Cherokee trail which closely hugged the hogbacks. Bridges had been built over
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HISTORY OF
LARIMER COUNTY, COLORADO
the Big Thompson at Namaqua and over the Cache la Poudre at Laporte, but they were toll bridges owned by private parties or incorporated companies. These bridges were used mainly during flood periods when the water was too high for safe fording.
Record book No. 1 of the board of county com- missioners opens with a brief report of the first meet- ing of the new board, which was held October 8th, 1864 at Laporte. The minutes of that meeting state that "the board convened at 4 o'clock p. m. Abner Loomis and John Heath being present and W. A. Bean absent. Abner Loomis was chosen chairman. The board proceeded to examine the bonds of the following county officers: H. W. Chamberlin, clerk and recorder; B. T. Whedbee, treasurer; J. E. Washburn, probate judge; H. B. Chubbuck, school superintendent; James M. Smith, assessor."
After approving the official bonds of these officers the board adjourned without transacting any other public business. No other meeting appears to have been held until February 17, 1865, when the board levied a tax of $1,000 "for the purpose of raising recruits for the 90-day service," in response to the call of Governor Evans, dated February 6th, 1865; also a tax of $250 for the purpose of pur- chasing books, blanks, and stationery for the use of the county. Abner Loomis and John Heath were present at this meeting, Mr. Loomis presiding.
On the 23rd of the following April the board met again and appropriated $150 to pay for a log house purchased of Henry Arrison, situated in La- porte ; said building to be used for county purposes. Among the bills allowed and ordered paid at the next meeting held July 15, 1865, were the follow- ing:
$250 to Wm. B. Osborn for a horse pressed into the military service by order of Col. Moonlight, commander of the district; also $50 to Abner Loomis for one horse; B. T. Whedbee $50 for one horse; Wm. Adolph $50 for one horse; Joseph Ma- son $50 for one horse; Mariana Modena $150 for three horses. These horses had all been pressed into the military service. At this meet- ing there were present William A. Bean, Ab- ner Loomis, and John Heath. On July 26th, the board met again and allowed bills amount- ing to $250, each to Johnathan E. Wilde, and J. M. Sherwood for horses pressed into the military service by order of Col. Moonlight; $50 each to Mariana Modena, James M. Smith, James M. Eaglin, Frank Gard, Joseph Markley, John J. Ryan, Daniel Walker, Jerry Kuhns, Sebastian Foster,
Thomas H. Johnson, John Hahn, Wm. B. Osborn, H. Hillbury, Luber Hillbury, Wesley Hillbury and H. Sharp, and $25 each to Nelson Hollowell, Thomas Cross, John D. Bartholf, John E. Wash- burn, John Keirnes and G. L. Luce to reimburse them for bounty money paid to recruits for the 90 day service. At this meeting the board fixed the annual tax levy at 7 mills on the dollar for county purposes; 13 mills special tax to pay bounties to recruits ; also a poll tax of $2 and a military poll of 50 cents.
The next meeting of the board occurred January 8, 1866, with Abner Lommis, James B. Arthur and Wm. A. Bean as members, Mr. Arthur having been elected to succeed John Heath at the election held in September, 1865, the first general election held in the county. Bills for per diem of judges and clerks of the election for canvassing of the re- turns were allowed and ordered paid. The names of those receiving county warrants for this service follow: James M. Smith, John E. Washburn, Thomas Cross, S. W. Smith, Harris Stratton, H. C. Peterson, Dominie Bray, H. B. Chubbuck, John Heath, J. B. Ames, G. R. Strauss, Wm. Rasmus, Henry Arrison, C. C. Smith, J. A. C. Hickman, Daniel Johnson, Ed. C. Smith, J. M. Smith Jr., William Cosslett, John R. Thacker, Antoine Le- beau, R. J. Brown, G. A. Goodrich, Thomas Gill, John M. Tout, Peter Cazzoe and E. G. Howard.
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