USA > Colorado > Larimer County > History of Larimer County, Colorado > Part 15
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Refering further to "Mountain Jim" in a foot note, Miss Bird says: "Of this unhappy man, who was shot nine months later within two miles of his cabin, I write in subsequent letters only as he ap- peared to me. His life, without doubt, was deeply stained with crimes and vices, and his reputation for ruffianism was a deserved one. But in my inter- course with him I saw more of his noble instincts than of the darker parts of his character, which, unfortunately for himself and others, showed itself in its worst colors and at the time of his tragic end. It was not until I left Colorado, not indeed until months after his death, that I heard the worst points of his character."
Of Griff Evans, Miss Bird speaks as follows in her charming book: "As I intend to make Estes park my headquarters until the winter sets in, I must make you acquainted with my surroundings and mode of living. The 'Queen Anne Mansion' is represented by a log cabin made of big hewn logs. The chinks should be filled in with mud and lime, but these are wanting. The roof is formed of barked
young spruce, then a layer of hay, and an outer covering of mud, all nearly flat. The floors are roughly boarded The 'living room' is about sixteen feet square, and has a rough stone chimney in which pine logs are always. At one end there is a door into a small bedroom, and at the other a door into a small eating room, at the table of which we eat in relays. This opens into a very small kitchen with a great American cooking stove and there are two 'bed-closets' besides. Although rude, it is comfort- able, except for the draughts. The fine snow drives in through the chinks and covers the floors, but sweeping it out at intervals is both fun and exercise. There are heaps of rubbish places out- side. Near it, on the slope under the pine, is a pretty two-room cabin, and beyond that, near the lake is my cabin, a very rough one. My door opens into a little room with a stove and chimney, and that again into a small room with a hay bed, a chair with a tin basin on it, a shelf and some pegs. A small window looks on the lake, and the glories of the sunrise which I see from it are indescribable. Neither of my doors has a lock, and, to say the truth, neither will shut, as the wood has swelled. Below the house on the stream which issues from the lake, there is a beautiful log dairy, with a water wheel outside, used for churning. Besides this, there are a corral, a shed for the wagon, a room for the hired man, and shelters for horses and weakly calves. All these things are necessaries at this height.
"The ranchmen are two Welshmen, Evans and Edwards, each with a wife and family. The men are as diverse as they can be. 'Griff,' as Evans is called, is short and small, and is hospitable, careless, reckless, jolly, social, convivial, peppery, good- natured, 'nobody's enemy but his own.' He had the wit and taste to find out Estes Park, where people have found him out, and have induced him to give them food and lodging, and add cabin to cabin to take them in. He is a splendid shot, an expert and successful hunter, a bold mountaineer, a good rider, a capital cook, and a generally good fellow. His cheery laugh rings through the cabin from the early morning, and is contagious, and when the rafters ring at night with such songs as 'D'ye Ken John Peel'? 'Old Lang Syne'. and 'John Brown', what would the chorus be without poor Griff's voice? What would Estes Park be without him, indeed? When he went to Denver lately we missed him as we would have missed the sunshine, and perhaps more. In the early morning, when Long's Peak is red, and the grass crackles with hoar frost, he
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arouses me with a cherry thump on my door. 'We are going cattle-hunting, will you come? Or will you help to drive in the cattle? You can take your pick of the horses. I want another hand.' Free- hearted, lavish, popular, poor 'Griff' loves liquor too well for his prosperity, and is always tormented by debts. He makes lots of money, but puts it in 'a bag with holes.' He has fifty horses and 1,000 head of cattle, many of which are his own, all wintering up here, and makes no end of money by taking in people at eight dollars a week, yet it all goes somehow. He has an industrious wife, a girl of seventeen, and four younger children, all musical, but the wife has to work like a slave; and though he is a kind husband, her lot as compared with her lord's, is like that of the squaw. Edwards, his part- ner, is his exact opposite, tall, thin, and condemna- tory-looking, keen, industrious, saving, grave, a tee- totaler, grieved for all reasons at Evans' follies and rather grudging; as naturally unpopular as Evans is popular; a 'decent man', who, with his indus- trious wife, will certainly make money as fast as as Evans loses his.
"The regular household living and eating to- gether at this time consists of a very intelligent and high-minded American couple. The Mr. and Mrs. Dewey, people whose character, culture and society I should value anywhere; a young Englishman, brother of a celebrated African traveler, who, be- cause he rides on an English saddle, and clings to some other insular peculiarities, is called "The Earl'; a miner prospecting for silver; a young man, the type of intelligent, practical 'Young American,' whose health showed consumptive tendencies when he was in business, and who is living a hunter's life here; a grown-up niece of Evans; and a melan- choly-looking hired man. A mile off there is an in- dustrious married settler, and four miles off, in the gulch leading to the park 'Mountain Jim,' other- wise Mr. Nugent, is posted. His business as a trapper takes him daily up to the beaver dams in Black canon to look after his traps, and he generally spends some time in or about our cabin, not, I can see, to Evans' satisfaction, for, in truth, this blue hollow, lying solitary at the foot of Long's Peak, is a miniature world of great interest, in which love, jealousy, hatred, envy, pride, unselfishness, greed, selfishness and self-sacrifice can be studied hourly, and there is always the unpleasantly exciting risk of an open quarrel with the neighboring desperado, whose 'I'd shoot you' has more than once been heard in the cabin."
I have reproduced, verbatim, this much of Miss Bird's charming book to show the characters she came in contact with, their modes of living and the conditions that existed in Estes Park in the closing weeks of 1873 when she was a guest of the Evans' family, and also that the reader may get a glimpse of the causes that led up to the fatal quarrel a few months' later, which resulted in "Mountain Jim's" death. The very fact that no very strenuous effort was put forth by the authorities to ap- prehend and bring to justice the young English- man, who is said to have sent a bullet into "Mountain Jim's" head, lends strength to the belief that the community at large and the officers of the law, were only too well satisfied to get rid of a troublesome character and terror of the region, to give much thought or attention to the manner or means of his removal, or to exert themselves in capturing the man responsible for it.
In another part of this book will be found Miss Bird's beautiful pen picture of Estes Park as she saw it through the eyes of an enthusiast; and also a description of her ascent of Long's Peak, with "Mountain Jim" as guide.
Killing of Clarence Chubbuck
Hardly had the excitement over the Estes Park tragedy subsided, in which "Mountain Jim's" life came to an inglorious but deserved end, when an- other took place, this time in the Big Thompson val- ley, and another victim of the ever ready gun came to an untimely death. The principals in this trag- edy were John Phillips, a stockman, and Clarence Chubbuck, foreman of a cattle round-up then in progress. The cattle had been gathered in a bunch on ground now occupied by Lake Loveland, a short distance north of the present thriving city of Love- land, and owners were engaged in cutting out or separating their animals from the general herd. This was on Saturday, June 5th, 1875. A dispute arose between Phillips and Chubbuck over an unbranded steer, which Phillips said belonged to him. Chubbuck contested the claim and there were angry words between the two men. Finally Chub- buck became exasperated and in the heat of passion assaulted Phillips with a blacksnake whip, which he always carried on the round-up, and drove the lat- ter out of the camp, forhidding him at the same time to return. On leaving camp Phillips declared that he would come back the next day and defend his rights to recover what he claimed to be his property. Aside from the whip that Chubbuck carried, neither
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man was armed at the time of the encounter on Saturday. The following day, Sunday, June 6th, while the cowboys were still separating the herd, Phillips returned to the camp, armed with a revolver, and demanded his steer, which brought on another quarrel. Chubbuck ordered him off the ground but Phillips stood his ground and refused to leave. At this, Chubbuck leapt from his horse and started for Phillips, who was a cripple, flourish- ing his whip in a threatening manner. Because of his infirmity, Phillips was unable to keep out of his antagonists way ,and fearing humiliation and bodily injury at the hands of the foe, he drew his revolver and fired at Chubbuck, inflicting a mortal wound. The wounded man was carried to his home, where he died on Monday evening declaring just before death intervened that he alone was to blame for the shooting.
Immediately after firing the fatal shot Phillips mounted his horse and rode to Fort Collins and gave himself up to Sheriff Joseph Mason. He at once retained L. R. Rhodes, still an eminent mem- ber of the Larimer County bar, to defend him, and instructed Mr. Rhodes to employ Thomas M. Patterson and Judge James B. Belford of Denver, to assist in the defense. The killing of Chubbuck, who was a popular young man and a son of one of the pioneers of the Big Thompson Valley who had been county superintendent of schools, created in- tense excitement all over the county and the feeling against Phillips was very bitter. There were threats of lynching and no doubt they would have been carried into effect if the people of the Big Thompson valley had succeeded in getting Phillips in their possession. On the day following Chub- buck's death a warrant was sworn out and placed in the hand of Constable Charles P. Scott, after- wards county clerk for two terms, with instructions to arrest Phillips and bring him before a justice of the peace on the Big Thompson. In the meantime Sheriff Mason had deputized L. R. Rhodes and Eph Love to guard his prisoner, and they, knowing what the feeling was over on the Big Thompson, declined to surrender Phillips, fearing that he would be strung up on the first handy cottonwood if he should be given up to Constable Scott and returned to the scene of the tragedy. Mr. Scott returned to the Big Thompson without the prisoner and a posse comitatus was raised to take Phillips away from his guards by force. The posse was to come to Fort Collins in the night, overpower the guards, sieze Phillips and take him back among those who were clamoring for his life, but word of their in-
tentions reached the guards, through a friend, in time to make preparations for outwitting the posse. Phillips, thoroughly armed, was locked in Mr. Rhode's office in the old Grout building and in- structed to shoot the first man that attempted to break down the door. The posse halted about where the Agricultural College stands and sent three spies into town to locate the man they sought, but they met with no success, and the posse returned to Big Thompson disappointed and not a little discomfitted.
The district court convened that year on the 14th of July, with Judge A. W. Stone of Denver on the bench. The other officers of the court were: George G. White of Denver, district attorney; Joseph Mason of Fort Collins, sheriff; Chase With- row, clerk, by A. H. Patterson, deputy.
The grand jury was sworn and charged and be- fore the close of the first day's session returned an indictment charging John Phillips with the murder of Chubbuck on the 6th of June, 1875. Because of the interest taken in the trial of Phillips, court was held in the Methodist church, a frame structure which stood about a block west of the Colorado & Southern passenger station, as it afforded more room than the hall in the Grout building. Phillips was arraigned on the day the indictment was found and pleaded 'not guilty'. The case was set for trial July 18th and when the day for the hearing ar- rived the church was filled with court officers, witnesses and spectators, many of the latter coming from long distances, as this was the first murder case tried in the district court in the history of the county. Phillips was prosecuted by the district attorney, assisted by Mayor E. L. Smith and Mitchell Benedict of Denver, and ably defended by L. R. Rhodes of Fort Collins, assisted by Thomas M. Patterson and Judge James B. Belford of Denver, who were then acknowledged to be two of the ablest attorneys in the Territory. Since then Messrs. Patterson and Belford have both represent- ed Colorado in the National House of Representa- tives, and Mr. Patterson has served one term in the United States Senate.
The jury impanelled and sworn to try the case was composed of John W. Tharp, Robert Craig, Joseph R. Wills, W. S. Vescelius, Joseph C. Egbert, N. W. Platte, James Earnest, J. W. Boyd, Jack Dow, Richard Burke, J. W. Smith and Albert B. Tomlin, all residents of the Cache la Poudre val- ley. Eph Love was appointed official court re- porter and the trial proceeded, occupying several days of the term. The case went to the jury on
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July 21st, and a verdict of "not guilty" was re- turned the same day. The dying declaration of Chubbuck that "he alone was to blame for the shooting" which was testified to in court, had great weight with the jury in reaching a conclusion.
Thus ended Larimer county's first murder trial. Realizing that it would be unsafe for him to remain in Larimer county, Phillips immediately disposed of his cattle and horses and went to the southern part of the Territory, where it is believed he died a few years ago.
* *
John C. Ish of Fort Collins, takes exceptions to some of the statements made in the foregoing ac- count of the killing of Clarence Chubbuck. In the first place he says that he and not Chubbuck, was foreman or captain of the cattle round-up that year, and that he saw the trouble between Chubbuck and Phillips the first day and heard the shooting at the time of the tragedy but did not see it as he was on the opposite side of the cavayard, superintending the cutting out of the cattle. Mr. Ish says that Phillips and Chubbuck had some hot words the day before the shooting at Mariana's lake, but he positively denies that Chubbuck struck Phillips with a black- snake whip or anything else. Chubbuck had a whip with him, as did others engaged in the round-up, but did not use it on Phillips. He was close by the two men, heard their conversation and saw all of movements and knows that no assault was made on Phillips that day. The wrangling between the two men interfered with the work of the round-up and Mr. Ish finally sent Phillips off to another part of the field, so that the work of cutting out cattle could proceed. The following day the cattle were rounded up where Lake Loveland is now and Phillips came there armed and demanded a cow that Frank Bartholf claimed. Mr. Ish knew the cow belonged to Phillips and sent word to Bart- holf, who was on the opposite side of the cavayard, to turn the cow over to Phillips. While Bartholf and Phillips were having some words over the ownership of the cow, Chubbuck came up and joined in the dispute. The quarrel of the day be- fore between Phillips and Chubbuck was renewed and Phillips repeated statements which he said Chubbuck had made concerning him the day before. Chubbuck replied, "that's a dammed lie. I made no such statements". At this Phillips jumped off his horse, drew his gun and taking deliberate aim, shot Chubbuck in the back as he turned and fled on seeing the gun. Phillips then remounted his horse
and rode off on a dead run. Mr. Ish says he heard the shooting and, putting spurs to his horse, rode around the cavayard to where Chubbuck laid on the ground, suffering from the fatal bullet wound. The young man was taken to his home where he died the following day. Mr. Ish says he shall al- ways think and believe that it was a case of pre- meditated murder, that Phillips came there that day with the intention of killing Chubbuck., He says that Phillips was a busherwhacker in Missouri, during the civil war, and that he boasted of having once, while concealed in the underbrush, shot and killed a Union man who was walking along the road with a baby in his arms, killing the baby also with the same shot. Mr. Ish also says he under- stood that after his acquittal by a jury in the district court, Phillips went north and was shot in Dakota for stealing cattle.
Pioneer Incidents and Adventures. Story of Jim Baker
Old Jim Baker, the noted Indian fighter, front- iersman, scout, and hunter, whose death at the ad- vanced age of 90 years occurred in May, 1898, was well known by a number of Larimer county people. In 1852, nearly 60 years ago, he and William T. Shortridge of Fort Collins, and Maj. John Kerr of Berthoud, built and operated a ferry at the Green river crossing. That was during the time of the great rush to the California gold fields and the ferry made money for its owners hand over fist. G. R. Strauss of Timnath also knew Baker well. Baker, Strauss, Bob Lawrence and a man named Brown hunted during the winter of 1860-1 in the mountains north of Livermore, their camp being on what is now known as the Halligan ranch on the North fork of the Cache la Poudre river. They also camped for a time where the late Harry Gil- pin-Brown's residence now stands on the Lone Pine. Deer and mountain sheep were plentiful in those days, each of the hunters killing two wagon loads of game which they marketed in Denver. All of these actors in early day events have gone to their reward. Lawrence and Brown died many years ago. Maj. Kerr in 1895; Jim Baker in 1898; Bob Strauss in 1904 and W. T. Shortridge in 1905.
A Fierce Indian Battle
The ridge north of the present headgates of the Larimer County Canal was the scene in the fall of 1858, of a fircely contested battle between a band
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of Arapahoe Indians, under the leadership of Chief Friday, and a large hunting party of Pawnees. The story of this fight was told to H. C. Peterson by Chief Friday himself.
The Pawnees were out on their annual buffalo hunt in territory claimed by the Arapahoes, who were bitter and remorseless enemies of the tres- passers. The Pawnees were discovered by the Arap- ahoes who gave chase and drove the former to the top of the ridge where a firce three day's battle was fought. The Arapahoes occupied the gulch north of the ridge and greatly outnumbered the Pawnees, but the latter had the advantage of location and fought with desperation knowing, that if they fell into the hands of their old-time, remorseless enemies they would be tortured, every last one of them. The battle raged hotly and fiercely for three full days, neither side giving away. Finally, taking advantage of a terrific mountain storm which occurred on the night of the third day's fight, the Pawnees slipped quietly off the ridge and made their escape. The story told by Chief Friday is borne out by the find- ing of the skeleton of an Indian by William Shipp on the battle field, in December 1884. The skeleton was found in a sort of cave in the bluffs and had evidently lain there for several years as there was nothing left but the naked bones that afforded any clue to its history. As it was the custom of the Indians to carry away from the battlefield all their dead so their enemies would not know the extent of their losses, it is probable that the warrior whose bones were found, having been wounded in the fight, had crawled into the cave and died there without the knowledge of his companions. At any rate, the ridge, along whose abrupt side the Poudre Valley canal now winds its way, has become his- toric ground. Chief Friday did not know how many of the Pawnees were made to bite the dust in the conflict, but said the Arapahoes lost a good many warriors, owing to the fact the Pawnees were able to shoot their arrows from the top of the ridge down among the besiegers with frightful effect. That is believed to have been the last Indian battle fought in Larimer county.
Greeley's Ride With Hank Monk
Horace Greeley and party in going from Denver in 1859 on the Overland stage to California, passed through Larimer county. The road then crossed the Big Thompson at Mariana's place and hugging the hogbacks, crossed the Poudre at Laporte, and thence on into the mountains via Virginia Dale. Mr.
Greeley and party were entertained for the night in Laporte on this trip. It was on this trip that Mr. Greeley made his memorable ride over the Sierras with Hank Monk as driver. At Virginia City, Nevada, Mr. Greeley suggested that he would like to get over the road a little faster, as he had a lecture engagement in California. "All right", said Hank, as he gathered up the rains of six half wild mustangs. "Keep your seat, Mr. Greeley, and I will get you through in time." Crack went the whip, the mustangs dashed at a fearful pace up hill and down along precipices frightful to look at, over rocks that kept the noted passenger pawing frantic- ally between the seat and ceiling of the coach. Mr. Greeley was getting more than he bargained for and he mildly suggested that a slower pace would suit him better, as a half an hour, more or less, would not make much difference. But Monk was in for his drive and his joke, and replied again with a twinkle of his eye, after a fresh cut at his mustangs, "Just keep your seat, Mr. Greeley, and you shall be through in time." Mr. Greeley kept his seat as well as he could and got through unharmed, on time, rewarding Hank Monk with a new suit of clothes. For years afterwards, Hank wore a watch with his reply to Mr. Greeley engraved upon it, the present of some other passenger whom he had driven safely over his perilous route.
Denver McGaa
In January, 1897, the Denver Republican told the following story about Denver McGaa, the first baby born in Denver:
"The first living thing that was born in Denver", said Amos Steck yesterday, "was a dog and that was named Denver. The next was Jack McGaa's baby boy, and he was named Denver. A man named Cromwell was here then keeping a place called 'The Stage', and he was so enthusiastic over the birth of this baby that he sold a fine horse for the money necessary to celebrate the event, and as long as the price lasted everybody had an opportunity to drink to the health of Jack McGaa's kid. I saw the baby when it was a little scrawny thing about two days old, and the last time I saw him was when. he was six years old on his father's ranch near Fort Collins, a short time before Jack died. The baby was born in June, 1859, and is now a big man, standing about six feet two. His mother was a Sioux, and, consequently, Denver learned the Sioux dialect. Five or six years ago when the Northern Sioux were preparing for the outbreak at the Pine
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Ridge agency, Denver McGaa was among them. They didn't know that he understood their language and, consequently, he learned all of their plans, and at once rode away to the nearest military post and reported the situation to the commanding officer. The result was that the Indians were not given time to perfect their plans and the contemplated outbreak was nipped in the bud."
Denver McGaa remained a resident of Fort Collins until 1879, when he went north to join the tribe to which his mother belonged. He has since visited here several times and is well known to many of the early settlers of the valley.
Two Early Day Duels
In the spring of 1861, said the Denver Inter- Ocean in March 1882, a gay and festive Frenchman, a mule shoer by profession, and the late Joseph Mason of Fort Collins, who was killed in 1881 by the kick of a wicked broncho, woed a charming Indian maiden, the belle of the wigwam, the pink- eyed Mary Polzell. They quarreled. There was not squaw enough for two, so the blacksmith con- cluded that one or the other had to die. He sent a challenge and Mason accepted. The hour and place was fixed. It was on the banks of the Platte, near where the Larimer street bridge in Denver now crosses the stream. A thousand people gathered there to witness the scene of two Frenchmen wallow- ing in each other's gore. It was a fizzle. The black- smith's teeth began to chatter as the umpire paced the ground, and when the seconds loaded the pistols his knees gave way, he fell to the ground a limp and limpsy lover.
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