History of the Arkansas Valley, Colorado, Part 74

Author: O.L. Baskin & Co
Publication date: 1881
Publisher: Chicago : O.L. Baskin & Co.
Number of Pages: 1080

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H. Mcalme

HISTORY OF FREMONT COUNTY.

533

mile, was marked, in red letters, the number of miles, beginning at Canon and ending at Tarryall.

JUMPING TOWN SITE, 1860-CLAIM CLUB LAWS.

In the spring of 1860, the town site was jumped by quite a large company, a portion of whom were from Denver, although several members of the old company were retained. They relocated the town site, extending its lines, so as to embrace 1,280 acres. The site was surveyed and platted by Buel & Boyd, in April.

The following are the names of the com- pany, which, together with the paragraph suc- ceeding them, we extract from Mr. Rudd's "Early History of Cañon:"

William Kroenig, E. Williams, A. Mayhood, W. H. Young, Dold & Co., J. B. Doyle, A. Thomas, W. H. Green, Buel & Boyd, J. D. Ramage, Harry Youngblood, W. W. Ramage, Alvord & Co., St. Vrain & Easterday, J. Gra- ham and M. T. Green.

"After this extensive lay-out, the company were left without means to improve but a small portion of their property, which im- provements consisted of a few log shanties, barely sufficient to shield them from the ele- ments; this done, their energies seemed to play out with their .means, and, after a few limited and spasmodic attempts to induce im- migration, they appeared to manifest a stoical indifference as to results, seeming to say by their action, 'We've struck it, and if you are so obtuse as not to see it, we pity you.' But, knowing they were located on one of the great natural thoroughfares from the States, over which the thousands of gold-seekers could gain easy access to the rich mines clustered around the rim of the South Park, and the still richer mines on the head-waters, and tributaries of the Arkansas River, was cer- tainly some excuse for their apparent apathy.

"But events that were then in the near future, proved, in a measure, that their faith was well-founded; and, although they did not realize the full fruition of their hopes, they could, at least, take it as an earnest that a portion of the promises of the future would be fulfilled.

"This brightening of their prospects was

caused by the advent, at that time, of several merchants, with heavy stouks of goods, and the prospect of others following in a short time, and the rapid increase in population, which steadily gained until it obtained its maximum the ensuing winter."

From the middle of winter to the beginning of spring, the farming population had in- creased so rapidly, and the claim-taking mania raged to such an extent, as to require laws of some kind to protect each in his rights. Accordingly, a meeting of citizens was called, to convene on the 13th of March. The meet- ing was well attended, and adopted a code of laws which served the purpose for which they were intended and gave very general satisfaction.

Below will be found the preamble of their constitution. In point of brevity, it compares favorably with the Constitution of the United States, but is far inferior to the "Declara- tion" as a literary production. What bothers us is to know how it was possible for "Canon City and the Arkansas Valley and its tribu- taries" to meet and form a code of laws. However, many extraordinary deeds were per- formed by those brave old pioneers, which cannot be done by the "tender-feet" of the present time. According to their record, those two "high contracting powers" met at some place and formed a code of laws, under which the people lived tranquilly until the. advent of lawyers, when Blackstone, Green- leaf, Chitty, etc., took the place of the plain, simple laws of the settlers for the protection of each against the unjust action of the other. Each little misunderstanding between two neighbors was then settled according to what was right, not what was legal. It may be claimed that, when disputes were settled by the great legal authorities, a higher degree of civilization had attained, but with it a lower grade of practical honesty, for each rogue would seek to shield himself behind the technicalities of the law.

But here is their preamble. The constitu- tion itself is after the same order:

"MARCH 13, 1860.

At a meeting of Canon City and the Arkansas Valley and its tributaries:

WHEREAS, It sometimes becomes necessary for persons to associate themselves together for the pur-

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HISTORY OF FREMONT COUNTY.

pose of such as the protection of life and property; and as we have left the peaceful shades of civiliza- tion-left friends and homes for the purpose of bet- tering our own condition, we therefore associate our- selves together under the name of the "Canon City Claim Club," or the "Arkansas Valley Claim Club,' and adopt the following Constitution: * * * *

* *

The following true copies of claim records will show how imperfectly they described what they intended should become their future homes:

DESCRIPTION OF THE COSTANS' FARMING CLAIMS: (TWO BROTHERS LOCATED TOGETHER.)

They are situated in Mexico, and the south side of the river Arkansas, about seven miles from Cañon City, down the river where there is a creek comes in from the bluff, commencing at a certain tree with our names on, running south one-half mile to a stake, thence following the meanders of the river to the place of beginning. Claim taking March 12, 1860. Containing 160 acres.

B. H. BOLIN, Recorder.

J. N. HAGUIS' CLAIM.

Commencing at the mouth of the creek, and running up the creek one-half mile to the north- west corner, thence south to the Arkansas River, thence with the river to the southeast corner to the place of beginning. Containing 160 acres. B. H. BOLIN, Recorder.

Vague as the description is, it was the ini- tial point for locating several other claims, and was the first to be taken in the county for farming purposes, January 1, 1860.

The club claimed jurisdiction from the mouth of Beaver Creek to the eastern rim of the South Park, embracing ten miles on each side of the Arkansas River between these two points.

Jesse Frazer took the claim first below Costan's, in April, 1860, Mrs. Frazer being the first white woman who settled in the county outside of Canon City, and William Ash the next claim below, same year. Three French brothers, by name of Antoine, came to the county in the spring of 1860; one took the place above Costan's and two of them the Widow Bruce place, in Hardscrab- ble. The settlement being short of supplies, they sent a team to the States, which returned, loaded with flour and bacon, which they gen- erously divided among the settlers, at actual cost, being their main stay, as other expected supplies did not come. Mr. Peasley took the claim above Antoine's. A history of these,

and other claims, follows in a separate chap- ter.

JUDGE FOWLER'S COURT.

From April, 1860, until September follow- ing, there was no law for any other purpose, for the protection of each in the possession of his claim, generally agricultural, and there was neither a civil nor criminal code. To meet this necessity, there was a meeting called, some time in September, 1860, and a code of laws, suited to the condition of the town, was drawn up, and presented to the people in mass convention, and adopted by acclamation; and also a committee of six per- sons, who were to act as police officers, were elected in the same manner. At the same time, W. R. Fowler was elected as a Chief Magistrate, so to speak, whose duty it was to preside at all meetings of the people, for the purpose of adjusting matters of difference between citizens, etc .; in short, had duties, similar to a Justice of the Peace, with almost unlimited power, both civil and criminal.

One of the first cases to come before the court, was a Dr. J. L. Dunn, a man of pleas- ing address and smooth exterior, who was accused of selling counterfeit United States scrip to the amount of $300. Before coming to trial, the accused made reparation, and the prosecution was withdrawn.

The mines closing up on account of the approach of winter, the mining population came flocking into Canon, and among them, desperadoes of the most violent kind. The most noted of them all was named Charles Dodge, who passed through here to Pueblo. He became the executioner of three men with- in the space of one year. One of them had stolen a mule from California Gulch (now Leadville), and was pursued by Dodge, and two others, to Bear Creek, twenty miles below Canon City, and there hung to the limb of a tree, and when dead, was taken down and dragged, by a rope, attached to the horn of a saddle, to a place by the roadside, and there partially buried, the toes of his boots sticking out of the ground for months afterward. The name of the unfortunate mule-thief was Dover. The second victim was a Mexican Constable, of Fountain City (East Pueblo), who had given a playful insult, and was shot by Char-

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HISTORY OF FREMONT COUNTY.

ley. The third was a man who had attempted to drive another from his ranch with a shot- gun. Charley tried to bring him to trial be- 'fore the people, but refusing to go, he was shot without hesitation. Bearcaw, "Red," Juan Chikito, and others, figured in this local- ity, but did not properly belong to Canon.

TRIAL OF WOLFE LONDONER.

During the month of November, or Decem- ber, a case of aggravated importance came up before the court, and one which came very near causing the neck of the instigator to be stretched. The case is briefly as follows: There was a Mr. Gormsley living in Canon, who had an agent in California Gulch, and the agent sent a bag of gold dust to his em- ployer, Gormsley, in care of one Calkins, who was, at that time figuring conspicuously in building stone houses, spoken of more at length in another part of this book. Calkins was evi- dently a rogue, as his actions in this case, and others afterward, proved him to be. This instance afforded him an opportunity to gob- ble the money, and, at the same time, if he could fasten the deed on some responsible party, he would not hesitate to do it, even though it should result in ruining the charac- ter of an innocent man, and at the same time rob him of a considerable amount of money ($400). For this purpose, he very foolishly selected Wolfe Londoner, now a wholesale merchant of Denver, and one who has almost a national popularity, and a gentleman dis- tinguished for his generous social qualities, his vast fund of wit and humor, his fine busi- ness qualities, and as " the prince of good fellows " generally. He was equally as pop- ular in Canon at that early day as he now is in the city of Denver, and, of course, his ar- rest caused an intense excitement. The court- room was soon packed full to overflowing. Lawyers were employed, witnesses summoned, etc. The Court, unused to matters of such grave import coming before him, could scarce- ly keep himself free from some excitement. Well, everything being in readiness, the pris- oner was arraigned for trial, amid almost breathless silence. Now comes Calkins' badly botched up " job " which he tried to put upon poor Wolfe.

The time of the alleged theft was on the occasion of the first dance held in Canon, on the completion of one of the stone buildings Calkins was erecting " on contract," afterward occupied by George Hall as the "El Pro- gresso " saloon. Calkins says that he put the bag of gold dust into his hat, which was set- ting to one side, "just for a little while to be out of his way." During the evening however, Wolfe Londoner was seen "passing close by where the hat was setting," etc. Without going into detail concerning the evi- dence, suffice to say that before the witnesses were all examined, the audience, witnesses, jury and Court, were of the opinion that Calkins was endeavoring to put up a most villainous job on Wolfe, and a tornado of indignation was fast gathering which would burst, and, in all probability, end in dangling Calkins at the end of a rope. Of course the jury acquitted Londoner, and he came out, of the fuss with, if possible, more friends than ever, and a name untarnished.

The job was done too bunglingly; and Maj. Miller, Londoner's lawyer, very correctly re- marked that Calkins must either be "an ass, a knave or a fool" to leave his money in the place he pretended to have left it.

The following night, the Major slept in the printing office, which was fired into by some one, the ball lodging in one of the logs just above his head. Five persons were supposed to have been implicated in the affair, and were arrested, but were discharged for want of evi- dence. For a week or more everything was tumult, turmoil and confusion, and resulted, for a time, in completely overflowing every- thing like law and order. Calkins was com- pelled to leave town on short notice to escape the indignation of the people.

MINING HOAX.

Here comes in the mining hoax, which served for the subject of a thousand jokes on each other for months after. The report had been adroitly circulated (charging the most profound secrecy on all, of course), by three men, named, respectively, Cheseman, Smith and Cutler, that "rich gold diggings had been struck just above the Hot Springs." But the news was too good for one or two to

HISTORY OF FREMONT COUNTY.

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keep all to themselves, so it leaked out, little by little, until the whole town knew of the discovery, and all kept it a profound secret. " Each one silently determined that before daylight next morning, when everybody, save themselves, would be asleep, to go stealthily up to the mouth of Grape Creek, and there stick his stakes. During the whole night, men could have been seen with a roll of blankets upon their backs, moving toward the rich gold diggings, stealthily, almost breath- less, in order to get their first chance. Just before daylight was early enough for me. But, 'bad luck to it!' I had to go up fully a mile before I could get a place for my stakes. And so the creek, for two miles, was staked off early in the morning. All had gone up in great excitement, stumbling over rocks, creek banks, cottonwood logs, and other obstruc- tions, to find themselves completely sold." Mr. F. might have added, that Capt. B. F. Allen found his prospective fortune pre-occu- pied by a "grub" hunter of a more formida- ble nature than a man. The Captain con- cluded he would try his luck on the north side of the river, opposite the first supposed dis- covery. He kept his own counsel, and pass- ing the night, until 12 o'clock, without sleep, but beholding glorious visions of golden nug- gets, ranging in size all the way from a pin's head to a cabbage head. Silently, and with palpitating heart, he stole away from the house of Mr. A. Rudd, where he was boarding at the time, and hastened to the point of rocks opposite the Hot Springs, thinking to fore- stall all competitors; but when he arrived on the ground, he found it already occupied by an " old timer," in the shape of a huge griz- zly, ready to dispute the right of any “ tender- foot" to his "eminent domain." The Cap- tain bad pressing business some place else, and, in his eagerness to get there, one could have played marbles on the tail of his coat. His golden visions were soon supplanted by visions in the shape of old bears and young bears, and he barely escaped from being ter- ribly chawed up by a nine hundred pound grizzly bear!

The sequel of this sell is, that these men had conceived the idea of "salting" a hole with gold dust, hoping, thereby, to cause an

excitement and the organization of a new mining district, one of whom, beside what speculation in claims they might be able to accomplish, might be appointed Secretary. and have the recording of all the claims, then divide the spoils between them. But the thing was too "thin," and the whole project fell through before the recording was done.

FIRST DEATH IN THE CAMP.

"Soon after this an unfortunate occurrence took place, which caused the first death in our camp. One of the men- Cutler, by name, -who had played the hoax above spoken of, whilst in camp cooking his breakfast, had oc- casion to stoop, when his revolver slipped from the scabbard in his belt, striking the hammer on the bake-kettle-it discharged, killing him instantly. His remains were deposited about half a mile above where the penitentiary now stands, at the left of the public road."

INDIAN SCARE AT CHURCH.

In the year 1860, the Ute Indians freely roamed through all parts of Colorado, hunt- ing deer and trading their skins to their new customers. Difficulties were liable to occur at any time, and sometimes did occur. At one time, when Mr. Fowler was reading a ser- mon to quite a large audience, a difficulty occurred, which, for a time, alarmed the peo- ple of the town. At near the close of the meeting, a much-excited messenger came in to inform the citizens attending service that the Utes were threatening trouble. The meet- ing was hastily dismissed and measures taken to pacify them. All were anxious to ascer- tain the cause of the difficulty, and the prac- ticability of bringing it to a favorable conclu- sion. An old mountain trapper, who was known by the name of Big Harry, told the timid ladies present they need not be afraid, for he could whip twenty-five Indians alone. This caused hope to spring up in their faint hearts. A man was found who could talk with the Indians in their tongue. Explana- tions were made, and true regard for them was assured, and the trouble was ended, and all breathed freely once more.

Perhaps the most serious scare ever experi- enced at Canon City was in the fall of 1860,

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HISTORY OF FREMONT COUNTY.

when all was bustle and confusion, in build- ing houses of log, and of plank, and of stone, and all were shaping their course for the fort- unes in store for them. Just before sundown one evening, Indian warriors were seen ap- proaching the town, in the rear of a point of mountain, just out of sight from town. These warriors, numbering about 1,000 horsemen, as was supposed, approached noiselessly, with bare horses and armed with spears and shields and guns, and assembled, just at dark, behind the rocky point, about a half a mile out of town. Every one feared a general massacre in the darkness of the approaching night. The inhabitants, some 1,000 in number, made haste to make the necessary preparations for the best defense possible. So rifles and pis- tols were put in order, and all available am- munition was brought into requisition. The strongest buildings of log or stone were used as fortresses, and all the women and children were placed in them for protection. Every- thing being in order, the men placed them- selves in attitude of defense, with hands upon firelocks, and waited the onslaught. Soon, in the darkness, with stealthy tread, appeared the front of the advancing line of these savage warriors. The starlit firmament revealed their numbers, and brave hearts palpitated with fear. But no noise must be made, no gun must be discharged, until perfectly sure of the deadly intentions, now so apparent, were fully made manifest. This solemn line continued to advance till the center of the town was reached. Yet all was still as death, nor did it halt. Soon it was discovered that they were evidently passing through, but still there might be a recoil and assault. On they went and on they came, until the long line had passed entirely through and their forms were lost in the darkness, and they were gone. Now women and children began to breathe as they had breathed before.

Two days subsequently, it was ascertained that these savage Utes were on the war-path in pursuit of their ancient enemies, the Arapahoes, and on their return they entered town promiscuously, and seemed very friendly, coming by daylight instead of night, as before.

The reports of gold discovered near the

mouth of Trout Creek, took many of the staid citizens who were not affected by the above hoax. Joshua Tatman and party started the latter part of December, 1860, with ox-team, which, in a storm, left their camp, taking their trail toward the valley. On Current Creek, they came on a large portion of the warriors of the Ute nation, camped, for three miles, along the creek, each brave in full war-paint. He was not molested by them, but was by the young Utes begging matches, one even thrust- ing his hand in his pocket he had nearly emptied, for them. Mr. Tatman was vexed at this impudence, and rudely pushed him away. The young Indians took back to their tepe in great haste; soon after, he heard the clatter of ponies' feet, and saw, around a bend in the road, a dozen braves seemingly in hot pursuit. He tremblingly stepped aside, but they passed on without seeming to care for or notice him. He afterward learned that they supposed the Arapahoes were on Four Mile, and that he, being afoot, was too small game for them. Arriving about midnight, New Year's Eve, at Soda Point of Rocks, above Canon, he was startled by a command to halt, as his New Year's salutation, and in the familiar voice of Mr. Fowler. The people throughout the county were alarmed, and had massed in the town for protection. The Utes came on, and camped at the mouth of Grape Creek, afterward resuming their march, with- out molesting any one.

CAÑON " BOOMING!"- ADVENT OF ALEX MAJORS .*

"Buildings sprung up like magic, until soon 200 houses and stores were completed. Large traders brought in their stocks of mer- chandise and provisions. Among the larg- est dealers was Alex Majors, whose extensive ox teams and trains frequented the plains from the Missouri River. This was a great and good man, supplying his teamsters with Bibles for their moral culture, and rifles for their defense against the Indians, and requir- ing them to maintain equable tempers and to use no profane language to their cattle or to each other. On being introduced to him as one interested in the distribution of tracts, he cordially took me by the hand and said:

* As described by W. R. Fowler in B. and H. Ilist.

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HISTORY OF FREMONT COUNTY.

'Sir, I have fought the devil on the plains for thirteen years.' I found he had been in the habit of calling together his men on the Sab- bath, while his oxen were feeding, and telling them the story of the Savior of mankind, and exhorting them to accept Him as their Savior. Our people felt interested in hearing his opinion of our new country, and asked him to address a meeting of the citizens upon busi- ness and finance, and our future destiny. He gave us to understand that we had a grand future before us, and promised, that, if the miners would develop the mines, he would carry their supplies to them from the Mis- souri River. * * *

"After speaking for some time, he paused for a moment. * * * * *

* * * * The house was filled almost to overflowing, with the old and young, the thinking and sedate, the desperate and dissolute; but most of them, however, had once known the pleas- ures of a hallowed home-circle. He proceeded by saying he never addressed an audience on business or finance without speaking on an- other subject, which he considered of far greater importance; that was, concerning the moral and religious well-being of those whom he addrssed. He then proceeded to give one of the best, kindest and most loving lectures it has ever been my fortune to listen to. The attention and sympathy of every soul present was fully enlisted. Who can tell the influ- ence of such a lecture, to such a people, so timely and so much needed, and so opportune ? I venture to say, no person who heard that lecture will ever forget it. He exhorted to religion, morality and sobriety, so that when they should return to their homes in the East, and were met by their mother, wife or sister, they would not blush with shame at having led a dissolute life while absent. Thanks to Mr. Majors for that speech, in this Rocky Mountain country, at a time when it was so much needed. *

"Everything went on prosperous until spring opened."

FIRST NEWSPAPER IN CANON CITY .*

In the fall of 1860, miners from Park, Lake and Summit Counties (or as they were * By A. Rudd, in B. and H. Hist.

known before our Territorial organizations, as California Gulch, Fairplay, Tarryall and Blue River Diggings), began to seek winter quarters in Canon City and adjacent country, which, added to our increasing immigration from the States, gave us, at the close of the mining season, quite a numerous population.

The first number of the Canon City Times, senior, was issued some time in September of that year, which event marked a very impor- tant era in the history of Canon City. It was a racy little sheet, and its career, though brief, was brilliant, was rather of the meteoric per- suasion; but its short life was not void of in- cident. H. S. Millett, now of Kansas City, was its owner. On one occasion, its editor and one of its attaches narrowly escaped assassination. The sanctum, where nearly all connected with the office slept, was tired into, late at night, by some person or persons un- known (as there were several shots fired almost simultaneously, it was supposed there were more than one person engaged in it), the balls passing but a few inches above the occupants of the bed, and lodging in the wall. The affair caused considerable excitement among the people, and, on the following day, they arrested W. W. Ramage (without process of law-law being a luxury we seldom indulged in), as one of the parties, if not the principal in the attempted murder.

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History of the Arkansas Valley, Colorado, Part 74

Author: O.L. Baskin & Co Publication date: 1881 Publisher: Chicago : O.L. Baskin & Co. Number of Pages: 1080

Author: O.L. Baskin & Co
Publication date: 1881
Publisher: Chicago : O.L. Baskin & Co.
Number of Pages: 1080