History of Larimer County, Colorado, Part 22

Author: Watrous, Ansel, 1835-1927
Publication date: 1911
Publisher: Fort Collins, Colo. : The Courier Printing & Pub. Co.
Number of Pages: 678

USA > Colorado > Larimer County > History of Larimer County, Colorado > Part 22

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

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jail by a band of avengers who took him to Natural fort on the Cheyenne road where they hung him and buried his body in a concealed grave. This is not generally accepted as truth, however. Those who had a chance to know all the circumstances be- lieve that he made his escape in the manner related. A circumstance that lends strength to this belief is that some three or four years afterward the man- acles he wore were found near Park station, twelve miles northwest of Fort Collins, one of them being broken. The supposition is that after the fugitive had outwitted his pursuers and gotten far enough away to feel safe from recapture, he placed the man- acled limb on a rock and broke the iron with a stone, thus freeing himself from an obstacle to fast travel- ing and also from evidence that he was an escaped prisoner. In any event, "Happy Jack" was never heard from afterwards from anyone in this vicinity, but the stories of his misdeeds and nervy escape have survived and are often recounted by old-timers.

Larimer County's Only Lynching

One thing stands out in blazing characters to the credit of the law abiding sentiment which prevailed among the early settlers of Larimer county, and that is they never but once resorted to lynch law as a means of suppressing crime or redressing public grievances. Though, as is frequently the case on the border, lawless acts were committed and the civil and moral code held in open defiance and some- times bloody tragedies were enacted, yet the people restrained their cry for vengeance and allowed the law to take its course, except in one instance. The reason for this may be found in the fact that the pioneers of the county were, as a rule, from the best blood of the Eastern states, where the courts were in full swing, where human life was protected by stringent laws, the rights of property respected, where obediance to the mandates of the constituted authorities were prerequisite to good citizenship and where punishment swiftly followed the commission of crimes. Having grown up under such conditions and amid such environments, and having an in- grained abhorence of mob rule, and, besides, being engaged in the peaceful pursuit of agriculture and stock raising, it is but natural that they should ab- stain until forbearance ceased to be a virtue at least, from taking the law in their own hands and visiting summary penalties upon malefactors.

The single instance spoken of occurred in Fort Collins in the spring of 1888.

On Wednesday the 4th of April, that year, James H. Howe, a mill-wright by occupation who had previously, by reason of his general bearing and skill as a mechanic, stood high in the estimation of the community, in a moment of drunken frenzy bru- tally and cruelly killed his wife by cutting her throat with his pocket knife. Mrs. Howe was a most estimable woman and was greatly beloved by a wide circle of friends in the community, and the news of the tragedy spread all over the town like wildfire. The whole town was aroused and in- furiated at the atrocity of the crime committed. The Howe family lived in the cottage which stands on Walnut street just east of the Elks' building. The tragedy occurred about one o'clock in the afternoon, and business in town was almost entirely suspended during the remainder of the day. Groups of men, women and children were seen in all parts of the town discussing with bated breath the details of the horrid crime that had startled them with the sud- denness of the unprovoked brutality. Every nerve was stretched to its utmost tension and every muscle quivered with uncontrollable excitement. As the news spread to the country and people came flocking into town to learn the particulars, the excitement grew more intense and not until the tragic event which ended in the hanging of Howe by an army of infuriated citizens was there any subsidence of the feeling apparent.

Howe struck his wife first on the right side of her face with the knife, inflicting a cruel but not fatal wound. He then changed the knife to his left hand and plunged the blade into the left side of her neck, severing the jugular vein. Mrs. Howe was on her hands and knees on the ground in front of their house and Mr. Howe was upon her back with his right arm about her waist. After stabbing his victim the last time, Howe got up, went into the house and laid down upon a bed where he was found when taken into custody. Mrs. Howe struggled to her feet bleeding profusely and cried "murder" in a smothered voice. She then walked to the gate passed out to the sidewalk and started for Linden street, less than half block away. She had taken but a few steps when she stopped and tried to catch hold of a fence post for support, but failing, fell to the ground face down-ward and expired. Gus Evans, who happened to be driving past the house, saw the conflict and at once gave the alarm. Will- iam Nolan, S. H. Seckner, Thomas Ogilvie, Ed. Konsheim and Sam Rugh and others responded to the alarm and soon appeared at the scene of the tragedy. Seeing that Mrs. Howe was past help,

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they turned their attention to securing the perpe- trator of the horrid deed. Charles Barrett and A. R. Chaffee were sent around to the back door and Seckner, Ogilvie and Night-watchman M. Rinker entered the house by the front door. They found Howe reclining upon the only bed in the house and immediately took him into custody. Howe offered no resistance to arrest. At this time Under-Sheriff Lafe Stultz arrived and, with the help of by- standers, rushed the murderer to the cell in the county jail. No attempt was made enroute to the jail to take Howe from the officer, although a large and terribly excited crowd of men followed, threat- · ening vengeance.

County Coroner Dr. C. P. Miller, summoned a jury composed of L. J. Hilton, W. T. Rogers, S. E. Clark, G. T. Wilkins, John McPherson and John G. Lunn, who held an inquest over the body of the murdered woman, returning the following verdict:

"The said jurors upon their oaths do say that the deceased, Mrs. Eva Howe, came to her death about 1 o'clock of Wednesday, April 4th, 1888, from the effects of several wounds produced by a sharp pointed pocket knife in the hands of her husband, James H. Howe."

That evening at 8 o'clock the electric lights were cut out and the entire city plunged into darkness. Then a band of men, some of them masked, gathered at the jail, a small stone structure which stood at the southeast corner of Court square. Not a word was spoken. After placing Sheriff Davy and his aids un- der guard, an assault was made upon the jail into which an entrance was soon gained. The large iron doors which separated the cell corridor from the office, offered some resistance, but with cold chisel and hammer, the lock bolts were cut and the door was swung open. The same means were taken to open the door of the cell in which Howe was confined and within fifteen minutes from the time the crowd gathered at the jail the sought for victim was within their grasp. Shrinking and terri- fied with fear and piteously crying for mercy, the miserable wretch was rushed to a derrick, standing at the south end of the new court house, which had been used in lowering large blocks of flagging stone into the basement for the new jail floor. A rope with noose adjusted had already been placed in position and under this, Howe, still begging for mercy, was led. The noose was adjusted about his neck and a score of men gave a lurch on the rope and the body of the cruel wife murderer shot up into the air like a rocket. His struggles were of short dura- tion. After life was extinct the crowd dispersed in

a quiet manner. The electric lights were again turned on and the business of the city resumed.

On being notified of what had taken place Cor- oner Miller summoned a second jury of inquest which returned the following verdict:

"Said jurors upon their oaths do say: J. H. Howe was found hanging to a derrick about 9:30 p. m. of April 4th, 1888. He came to his death at the hands of an infuriated and unknown mob by hanging. Signed, George W. Seibert, Arthur F. Brown, Henry J. Wilterding, Robert Edwards, J. T. Murphy and C. Rugh."

This ended the first and only instance in the history of the county up to this time, in which the mandates of Judge Lynch were duly and summarliy executed, and absolute, though, perhaps irregular justice was meted out to a man who had defied the laws of God and man in shedding innocent blood.

Mrs. Howe's body was shipped to the home of her parents, Mr. and Mrs. Oliver Vanderwark, at Can- nington, Ontario. The little five year old daugh- ter and only child of Mr. and Mrs. Howe was taken back to the home of its grandparents in Canada.

When in his cups Howe shamefully abused and mistreated his wife. He went home only the even- ing before in a state of beastly intoxication and threatened to kill her then. The next morning, on the day of the tragedy, she pleaded with him to stay at home and not go upon the street but without avail. Fearing that her life would be in danger if he came home drunk again, she began packing her own and little daughter's clothing in a trunk prepar- atory to leaving the house, not expecting him to re- turn before a late hour in the night. He came home, however, shortly after 12 o'clock and found her making preparations to leave him which so en- raged him that he killed her. It was evidently a cold blooded premeditated murder, as it was testi- fied at the inquest that he was not drunk when he left the saloon to go home. Until he began to go down hill through thirst for liquor, he seemed to be very much attached to his wife and daughter and both he and his wife moved in the best social cir- cles. But the demon drink had transformed him into a brute and he met what he deserved, an ig- nominious death at the hands of a mob.

Three More Early Day Tragedies- Killing of Tom Burris

During the spring round-up of 1875, there oc- cured on the Platte below the town of Evans, one of those deplorable tragedies that frequently stained the

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good name of a community in the early days, in which one man was killed and another will carry to his grave the recollection of having taken the life of a human being, although in defense of his own life. The principals to this unfortunate affair were Tom Burris, the victim, and John Suiter, the slayer. Though the tragedy occurred in Weld county, the principals were both well known Larimer county men, and the affair excited a great deal of local in- terest. Burris was a stockman and lived at that time on the place now owned and occupied by L. E. Parker, near Timnath. Suiter was a young man whose home was with his parents, Mr. and Mrs. Peter Suiter, who were among the early settlers of the Harmony neighborhood, and is a brother of Alderman Ed. T. Suiter of this city. Inordinate doses of Evans whiskey was the immediate cause of the shooting, which resulted in the death of Burris, but it was believed that it was only a ques- tion of time when the victim would be either Burris or Suiter, as the two men were known to be at enmity and that Burris had frequently threatened Suiter's life. Burris had the reputation of being a bad man, especially when in liquor, and far too handy with his gun for the peace and safety of those near him when he was intoxicated. On the day of the tragedy Burris left the round-up camp and went to Evans where he proceeded to fill up on fighting whiskey and some of the men who were with him knowing of his ungovernable temper and quarrelsome disposition when in liquor, secretly took his revolver and refused to return it when he realized his loss. This put Burris in bad temper and he had no sooner gotten back to camp than he began to pick a quarrel with a cripple named Johnson. But a few words had passed between the two men before Burris drew a bowie knife and started for Johnson, who ran around the other side of the camp wagon to get away from the infuriated and drink-crazed man. It happened that Suiter was on the opposite side of the covered wagon op- posite Burris when the quarrel began. He stood between the front wheel and the body and was in the act of reaching into the wagon after supplies to cook for supper. As Johnson, who was being chased by Burris, came around the wagon he called to Suiter to head off his pursuer. When Burris saw Suiter wedge'd in between the wheel and wagon body with his back toward him, he gave up the chase atter Johnson and made straight for Suiter with his knife held in a threatening attitude. Suiter paid no attention to Burris until the latter grabbed

him by the coat collar and back of the neck. Then he drew his revolver and throwing it over his shoulder fired without looking around, the bullet striking Burris in the chin and passing through his neck dislocated his spine at the base of the brain. At the moment that Suiter fired, Burris had his knife raised with the evident intention of plunging it into the former's neck, but the bullet got in its work first. Burris lived several hours afterward, and just before his death he requested someone to pull off his boots so that his father's prophecy, made when Tom was a boy, that he would some day die with his boots on, should not come true. Suiter was promptly arrested and given a preliminary hear- ing before a Greeley justice of the peace, who bound him over to the District court for trial in the sum of $10,000. The bond, signed by nearly all of the stockmen of the county, was presented to the court and Suiter was released from custody to await the action of the grand jury. When court convened in the fall the grand jury, after a thorough investigation, refused to find a true bill against the slayer of Burris and he was exonerated from the charge and set at liberty-thus ending a case in which the sympathies of almost the entire popula- tion of Northern Colorado were enlisted in behalf of Suiter, who in taking Burris' life was simply de- fending his own. Mr. Suiter is now a prominent citizen of Montana, whither he went several years ago.

Postmaster Bariaut Killed

On the 4th of March, 1886, James C. Robertson, a young ranchman living on Upper Boxelder creek, about 45 miles northwest of Fort Collins, shot An- thony Bariaut, who died a few hours later. Bari- aut was postmaster at Boxelder and on the morning of the day stated, Robertson went to the postoffice to get his mail. Robertson and Bariaut got into an altercation over an old misunderstanding, during which Bariaut said "I will shoot you." He went to a back room of his house and returned with a gun which he placed to his face in an attitude of shoot- ing. Robertson, on the alert, drew his revolver and shot three times, only two of bullets taking effect, one in the abdomen and the other in the shoulder. Bariaut died on Saturday, March 6th, and Robert- son came to Fort Collins on the following day and surrendered himself to Sheriff Love. He asked for an investigation, and on Monday, March 8th, Coroner I. N. Thomas, accompanied by Dr. Geo. E. Bristol county physician, Deputy District Attorney Knud Patton, Deputy Sheriff Zook in charge of

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Robertson, and Judge T. M. Robinson, attorney for the self accused man, went to Boxelder to hold an inquest. A jury composed of W. H. Bassett, W. J. Logan, W. W. Pogue, Dan T. Scully, J. Stout, and Isaac Adair was summoned by the coroner and at once proceeded to inquire into the cause or causes of the tragedy. After hearing all the evi- dence adduced, the jury returned a verdict that the deceased came to his death through a pistol shot fired by James C. Robertson in self defense. It was shown at the inquest that Bariaut was a quarrel- some man, who shot on short notice, and that he had threatened to kill Robertson. The incident created a good deal excitement in the neighborhood at the time. Bariaut was indicted in 1882 by the grand jury for assault to commit murder, but was permitted to plead guilty to the charge of assault and was fined $100 and costs.

Murder of Stephen McDonald

On the 6th of December, 1886, Stephen Mc- Donald, a sheepherder in the employ of William B. Miner at the latter's ranch twelve miles northwest of Fort Collins, was shot and killed while in charge of a flock of 2,000 sheep on the prairie about four- teen miles north of Fort Collins, by Adam Freder- icks, who lived on the Boxelder two miles up the creek from Bristol station. Mr. McDonald's sheep came to the corrals on the home place at night un- attended, and a search for the herder was at once instituted. The body was discovered by the aid of McDonald's faithful dog which had remained at the side of his dead master all throughout the after- noon and until a late hour at night. Fredericks was arrested, tried, convicted and sentenced to life im- prisonment in the state penitentiary. The evidence adduced at the trial, though circumstantial, was thoroughly convincing. McDonald had married Lulu Coy, a step-daughter of Frederick's, but the union was not a happy one and the shooting grew out of family difficulties.

Indians Kill Lieutenant Collins

The Overland road along the North Platte, from the junction of the South Platte, was during the summer of 1865 the scene of many conflicts and much carnage between the troops stationed along the line and the blood-thirsty savages. A large force of Indians, numbering three or four hundred, col- lected at Platte Bridge, near where the city of Casper, Wyoming, is now, and threatened the safety

of a train that was coming down the river from Fort Bridger. Casper W. Collins, son of Colonel W. O. Collins, who had just been promoted to a first lieutenancy, volunteered to take command of a party of soldiers and attack the Indians and drive them off. Lieutenant Collins was a young man twenty years of age, and his friends tried to dissuade him from the undertaking, but he persisted and led the attack. The fight was a sharp one and the troops being greatly outnumbered, were driven back with a loss of more than half of the soldiers either killed or wounded. While the troops were falling back in an effort to escape, one of the soldiers was wounded and fell from his horse, but he called out to his comrades, "Don't leave me, don't leave me." Collins turned his horse and rode to the place where the wounded man was lying, but his horse becoming unmanageable, ran away with him, going at a fear- ful rate toward's Red Cloud's band of Sioux. The powerful grey horse soon bore his rider right among the hostiles who surrounded and killed him. A few days later, after the Indians had been driven away by a stronger force, Lieutenant Collins' body was found about a mile and a half from the spot where he turned to rescue the wounded trooper. The body had been stripped of the bright new uni- form which he had put on after his muster as first lieutenant at Fort Laramie, only a few days before. The body was buried at the Fort. A year later it was shipped to his native town in Ohio and interred in the family burying ground. The city of Casper was named in his honor, even as the city of Fort Collins was named in honor of his gallant father, Colonel W. O. Collins.

Death of Col. Collins

The following letter written by Mrs. Catherine W. Collins, widow of the late Col. William O. Collins, to friends in Fort Collins tells of the death of her gallant husband.

"Hillsborough, Ohio,

Gentlemen :- May 8th, 1881.

My beloved husband, Col. William Oliver Col- lins, died October 26th, 1880. He was indeed an honored resident of Hillsborough, Ohio. He would have been extremely gratified to have learned that the "little post" he established away out on the frontier in 1864, was so prosperous. I have often thought of sending a notice of his death to Fort Collins, but did not know whom to address. There must still be living in Colorado and Wyoming some

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who cherish a memory of his warm, generous nature, or men connected with his regiment that will recall his faithful discharge of duties as colonel, and his readiness to brave every danger that they were called upon to meet. Will you be good enough to have a notice of his death inserted in the Courier. I thank you sincerely for the number you sent me of that paper, published in your town and am sure Fort Collins must be a thriving and highly moral place.

Respectfully, CATHERINE W. COLLINS.

Assessments and Taxes

The first assessor to make the rounds of Larimer county is said to have found $6,000 worth of prop- erty subject to taxation. This was in 1862, shortly after the county had been created and set off by the Territorial Legislature. The records do not show that any taxes were levied that year, as, in- deed there could not have been for the reason that the board of county commissioners appointed by Governor Gilpin failed to organize and therefore had no authority to order a levy. It was not until three years later, in 1865, the year immediately following the complete organization of the county for judicial purposes that an assessment was made, and the assessor that year found property to the value of $168,167.50 subject to taxation. Upon that assessment a levy of 23 mills for all purposes was made and collected. The abstract of that year's assessment, showing the character and species of property assessed, follows:

Value of improvements on public lands. $21,733.00

Value of hay, grain, etc ..

3,980.00

Value of clocks and watches.

500.50

Average value of merchandise for preceding 12 months

9,580.00

Monies and credits ..

26,576.00

Stocks, shares, etc ...

1,428.00

289 wagons and vehicles.

8,455.00

217 horses 22,330.00

27 mules

4,100.00

1 asses

50.00

450 oxen

24,040.00

819 cows

26,550.00

728 calves and yearlings.

9,857.00

524 sheep

1,834.00

21 swine

279.00

All other personal property.

6,864.00

Total

$168,167.50

To the list returned by the assessor the county treasurer added the following names and the taxes assessed against them: Joseph Armajoe, $11.12; William Adolph, $9.40; George F. Brigham,

$15.15; Ben Claymore, $30.10; Robert Dickson, $4.80; George Frankford, $2.50; Gill & Goodrich, $9.37; John Hutchinson, $2.50; Michael Jones, $17.10; Antoine Lebeau, $10.78; Clement Lamory, $20.90; John Steed, $3.65; Wm. E. Thomas, $5.95; C. A. Whedbee, $11.47; Joseph Hazard, $2.50. These names of tax-payers had evidently been overlooked by the assessor. These added taxes amounted to $157.29 and were apportioned to the following funds: County poll, $32; military poll, $8; general fund, including territorial tax, $117.29.

The records in the offices of the county clerk, as- sessor and county treasurer for the years 1865 and 1866, regarding the assessment, collection and distribution of taxes, are incomplete and it does not appear that a regular assessment roll for either of those years was made up and recorded in a book. The tax lists were made out on foolscap paper from schedules gathered by the assessor. Only three of the schedules for 1865 have been preserved and they are: John J. Ryan, who lists $1,926.00; Peter Anderson, who lists $526.00; C. C. Hawley, who lists $863.00.

The first county warrant drawn upon the treas- urer was made out in favor of Henry Arrison, from whom the board of county commissioners had pur- chased a log building for the use of the county officers, for the sum of $150. This log building stood a few rods south of the present store and postoffice at Laporte. After the county seat had been removed to Fort Collins this building was taken down, moved to the south side of the river and rebuilt. It is now a part of Preston A. Taft's home. The warrant drawn to pay Arrison for this building is in words and figures as follows :

$150.00. "Treasurer's Department.

To the Treasurer of Larimer County :

Pay to Henry Arrison, or order, one hundred and fifty dollars, on account of building in Laporte for County purposes, out of any money in the treasury not otherwise appropriated, and charge the same to Auditor and this shall be your voucher.

Issued April 23, 1865.

Attest: J. E. Wild, Chairman of the Board of County Commissioners.

H. W. CHAMBERLIN,

County Clerk."

The tax list for 1866 was made out on four sheets of legal cap paper, fastened together with narrow pink ribbon, and, although somewhat faded by age is still legible. As an index of financial

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conditions as they existed in those days and because it contains many names that are familiar to a num- ber of the present residents of the county, it is herewith copied at length. It is headed, "Tax List for 1866, Larimer County, Colorado Territory." The list follows:

Hopkins & Anderson

1,060

14.31

J. B. Hart. .

351

4.74

C. C. Hawley

863

11.65

N. J. Hollowell & Bro.

1,596

21.46

Hilton & Co.

2,567

34.42

C. M. Hayden.

290

3.68

C. W. Howell.

550

7.49

Assessment

Tax

G. C. Amer.

$100.00

$ 1.35

Allen & Mason

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History of Larimer County, Colorado, Part 22

Author: Watrous, Ansel, 1835-1927 Publication date: 1911 Publisher: Fort Collins, Colo. : The Courier Printing & Pub. Co. Number of Pages: 678

Author: Watrous, Ansel, 1835-1927
Publication date: 1911
Publisher: Fort Collins, Colo. : The Courier Printing & Pub. Co.
Number of Pages: 678