History of the Arkansas Valley, Colorado, Part 75

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

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In an effort to defend himself before the people, he unfortunately addressed them as a mob, which so intensified the feeling against him that it was by the most strenuous exer- tions on the part of a few influential citizens, he was saved from hanging.

They were finally persuaded to defer the matter for a short time, for the purpose of obtaining further evidence of his guilt, or to give him an opportunity to establish his inno- cence, as he claimed he could do by proving an alibi.

Subsequently, Mr. Ramage was released, the people not finding sufficient testimony against him to warrant conviction. The affair, after having its run as a nine days' wonder, passed into history, and no doubt is duly recorded in the great book of mysteries, whose pages are accessible only to spirits.

The editor, however, turned the affair to his

HISTORY OF FREMONT COUNTY.

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advantage by making it a text of a sermoniz- ing editorial on total depravity; the article was highly sensational and caused a run on the office for that issue, the revenue from the sale of which gave him a short respite from his financial embarrassments.

Soon after this, there were some changes in the office, which gave the Hon. Mat Riddle- barger a controlling interest in the paper, but its glory was waning, and, after a few inef- fectual struggles for life, it had to succumb to the inevitable.

During the fall of 1872, the second Times was started by a Mr. Bowman, and was pur- chased by Henry Ripley & Bro., who removed to Ouray, in the spring of 1877. During 1874 and 1875, the Avalanche was started, and went through different hands until Mr. Frank Warner purchased it, and sold it to his brother, G. S. Warner, from whom it was purchased by G. M. Binckley February 26, 1877, and sold to a company September 1, the same year. After several changes, the Cramer Bros. purchased it and changed the name to Fre- mont County Record. It is now owned and conducted by Mr. H. T. Blake, and is a lively, wide-awake local journal, and is the county organ. The Canon City Reporter, edited by the Udell Bros., was started in October, 1880, and is a fresh, spicy sheet, much quoted, and is earnestly devoted to the local interests; is now owned by Udell & Kelly. *

* * *

Among the distinguished arrivals from the mines were the late Gov. Hinsdale and fam- ily, from California Gulch, and Wilbur F. Stone (now one of the Supreme Judges of the State), from Tarryall. Messrs. Hinsdale and Stone were men of fine legal attainments, and John Howard was supposed to possess judicial elements in an eminent degree.

Up to this time, the only government known by our people was that afforded by the claim club laws; and, as they were designed only for the special purpose of protecting the squatter in his rights, we yearned for laws of a more extended application-something that would reach the general cussedness of human- ity. Our moral inwardness had kept us within due bounds previous to this, but many were tired of the restraint that the old fogy moral

had placed upon them, and longed to shift it to legal shoulders.

"PEOPLE'S COURT" ESTABLISHED.

The advent of the above-named gentlemen offered an opportunity the people had long sought, and they were swift to avail themselves of it. Here was material, which, if properly manipulated, would furnish litigation until a Territorial organization would furnish them a District Court.

Accordingly, the Solons of the place were called together, and immediately set to work drafting a code of laws suitable to meet their wants. The document, after a careful revis- ion, was submitted to the people for ratifica- tion. It, like all other great reforms, had its enemies. A contractor and builder by the name of Calkins, was especially active in attempting its defeat. He employed one R. O. Old to run his whisky-shop in the anti- code interest on election day, but the code was adopted by a large majority. John Howard was elected Judge and A. Rudd, Clerk. The first case on the docket was R. O. Old vs. L. W. Calkins, for whisky furnished to defeat the code.

The code conferred on the court criminal and civil jurisdiction, and the court arrogated to itself chancery and all other powers not delegated by the code. In fact, it was Supreme, there being no provision made for an appeal from its decision, and no recognized power outside of the district to question its acts. The district claimed as being under its jurisdiction reached from Canon to Beaver Creek, and from the Oil Wells to Hardscrabble, bearing the dignified title of People's Court. Our vote on the code showed the voting popu- lation to be over 900.

The Calkins alluded to above was one of those peculiar things, one or more of which can always be found in every new, and often, old settlement, who have more enterprise than brains. They are a peculiar species of the genus homo, and always succeed in making a certain portion of the community think they are men of genius, and are the "leading spir- its" to whom the people are indebted for every progressive movement in the settlement, when really, in the end, they are a nuisance

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HISTORY OF FREMONT COUNTY.

and a drawback. They are continually trying to bore an auger-hole with a gimlet, and would not hesitate to undertake to move Pike's Peak to a point on the plains midway between the Missouri River and the range, with wheelbar- rows, in thirty days, provided they could get a contract to do it. The most useless member of a young community is that member who is always commencing something, but never tin- ishes; for if he would not agree to do it, oth- ers would not be prevented from actually do- ing it. Every community has such men, and there is still "some of the same sort left" in Cañon.

Well, about this time, Calkins began to build stone buildings by contract. The first one finished was the eastern end of the double one-story building (now owned by Thomas Macon), in which George F. Hall kept a saloon, called the "El Progresso." In this was the first dance of the town, on its com- pletion. The company was rather mixed, but very gay. The next house completed by Calkins was that formerly occupied as the Methodist Church, but now (May, 1879), kept as a "Theater Comique" and saloon, by one F. Newton. Another coarse-haired dance cel- ebrated the completion of this, for Kitchen Bros. Calkins, after finishing the buildings alluded to, began, and got under way, some thirty or forty two-story stone buildings, but never completed any of them, getting only as high as the first story. He had no money to pay his hands, and, after getting what he could from his employers, skipped the town. Toward spring, a Jew drummer from Santa Fé, came to Cañon and stayed several weeks. His name was Rosenbaum, a hunchback, hav- ing very long legs, but no body to speak of. One evening, while the usual crowd had assem- bled to smoke away the time, at Fred Solo- man's grocery, where it was customary to get off "sells" on each other, the following conundrum was propounded: "Why is Rosenbaum no taller than he is?"-Given up by everybody, even Rosenbaum himself. Answer-"Because he was built on a con- tract by Calkins, and only got up to the first story."

Fun ran riot in Canon that winter. Every department of pleasure was running up to its

fullest capacity. The people made it lively for the court, and the court made it lively for the people. Judge Howard erected the hymeneal altar, and the blind degree of mat- rimony was conferred on several unfortunates. There were numerous drunks and free fights, and justice was abministered several times, according to the code; a lecture or two on phrenology, a case or two of (nameless here); an ineffectual attempts of Mr. Fowler to intro- duce religious exercises, and the Ute Indians were around all winter, swapping and pow- wowing with Dr. Reed. Game was plenty, both black-tail and seven-up. Venison, beaver and deer skins were legal-tender for all pur- poses. The doctors and lawyers took them for fees; the merchant for his goods; the court for his costs; the phrenologist for his lectures, and the spiritualists for their seances. In fact, these and bogus gold dust, made on Hardscrabble by Vicroy, was almost the only currency we had.

Although the court made many startling decisions, and his rulings occasionally raised a lawyer out of his boots, yet the crowning act of his judicial career was his answer to his wife's petition for divorce, and his ao- companying quit-claim deed of her, of which the follownig is a true copy:

DIVORCE-JUDGE HOWARD'S QUIT-CLAIM DEED TO HIS WIFE.

MARY E. HOWARD, Plaintiff,

08.

JOHN HOWARD, Defendant. J

In Court of Chancery , Denver City, Jefferson Ty.

PETITION FOR DIVORCE-TO THE PLAINTIFF IN THE ABOVE ENTITLED ACTION:

Whereas, having been cited through the press at Denver, to appear before one Judge Downing, of the above entitled court, to show cause why your prayer to be divorced from me should not be granted,

I, the defendant, hereby state (waiving my own oath in the premises), that I don't know any such cause whatever, and therefore confess the corn! And said defendant, as Judge of the Canon City District Court, enter a decree in your favor accord- ingly; and in order to relieve you of any embar- rassment in the matter, I have executed and send you herewith attached as a part of this answer, a quit-claim deed of all my right, title and interest whatever in you, leaving a blank to be filled up by the name of the party - grantee, by whom you may in future be claimed under squatter title.

THE COLORADO STATE PENITENTIARY, CANON CITY, COLO.

W. B. FELTON, Warden.

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HISTORY OF FREMONT COUNTY.

Hoping you will fully appreciate my good feelings in the premises, I hereby attach the said deed as follows, to wit:

Know all Men (and Women) by these Presents, That I, John Howard, of Canon City, of the first part, do hereby give, grant, bargain, convey and quit-claim, all my right, title and interest in and to the following (un) real estate, to wit: The undi- vided of that ancient estate known as Mary How- ard (the title to which I acquired by discovery, occupancy, possession and use), situate at present in the town of Denver, Jefferson Territory, together with all the improvements made and erected by me thereon; with all the rents, profits, easements, enjoyment, long suffering and appurtenances there- to in anywise appertaining, unto - of the second part, to have and to hold unto the said - so long as he can keep her, without recourse upon the grantor or indorser.

In testimony whereof, I have hereunto set my hand and seal, this the 24th day of June, 1861. Signed, JOHN HOWARD. [SEAL]. Signed in presence of A. RUDD, Clerk of District Court. Per WILBUR F. STONE, Deputy.

. We regret that we cannot give more than one of Judge Howard's judicial actions. His rulings are said to be among the most extraor- dinary known in legal history. We are told that Wilbur F. Stone and Gov. Hinsdale would frequently exclaim, "Shades of Black- stone! Truly, our Judge is a most learned one, for he is the law, the evidence and the Court." One thing is certain, however, jus- tice was generally meted out to the litigants -special statutes or nice technicalities often to the contrary.

One of the trials before Judge Howard's Court was of Dr. Dunn, in 1861, accused of stealing eighteen head of oxen from Beaver Creek, that belonged to Stevens and Curtiss, of Canon, and sold in Denver. It was claimed that he went about Denver with one boot and one shoe, pretending to be Jame. A girl, who had seen him in Cañon, recognized him dis- guised, and, through the discovery, possession of the cattle was traced to him. Wilbur F. Stone (now Judge of the Supreme Court) prosecuted the case vigorously, gaining a ver- dict of guilty. The Judge fined him the reg- ular fine of the his court-$300, for which, however, he succeeded in giving leg bail in a few days.

Gold, up to this time, had been obtained mostly by washing in creek and river valleys, but now rich ores had been found in fissure

veins of the solid rocks of the mountain ranges. With golden hopes, Mr. Fowler left Canon City, with his wife and young daughter of nine years, in June, 1862, with wagon, two yoke of oxen and his household effects. Pro- ceeding in the direction of Fairplay and Montgomery, with his slow team, a distance of nine miles into the mountains, he was over- taken by a calamity, when his wagon, being too heavily loaded, at a rough point in the road swayed over and completely crushed one wheel. Now there was no alternative but to leave wife and daughter and return to Canon for repairs-a great trial for a mother and daughter, to be left alone in the wild mount- ain valley, where no person could be called upon for assistance, let the emergency be what it might. But there was no alternative; the journey must be slowly retraced and re- pairs made, and more than one day was nec- essary to effect this. Wife and daughter miade the best of their condition and busied themselves as best they might, and guarding their property, when of a sudden there ap- peared two Indian warriors, with painted faces, spears and shields, on war horses. In a moment, two more warriors appeared, and in a moment more a company of thirty Arap- ahoes, thoroughly armed, galloped up around Mrs. Fowler and her daughter, frightened to an ashy paleness. An Eastern reader can scarcely appreciate the apparent danger of such a condition. Of what tribe were these Indi- ans? What were they seeking for ? Were they as the mountain lion, seeking plunder ? These wild Indians were savage enough, without war paint and shields and spears and guns. They clamored for food to satisfy their hunger. The faithful dog seemed disposed to dispute their right to touch anything, but they soon fought it away, and Mrs. Fowler had to rely on her individuality, her presence of mind, her skill and force of character, to defend herself and protect her goods. She was obliged to resort to the strategem of making them think there were others of her party near, whom she was momentarily expecting. So, with some sternness, she informed them that they must not molest the dog, and that they must keep their hands off from the pro- visions and other things, and proceeded to

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HISTORY OF FREMONT COUNTY.

divide out provisions to them as she thought she could afford, and, by kindness and threats, she secured their respect. She-sotto voce- re-assured her young daughter, who had been so terribly frightened; and succeeded in sat- isfying these rapacious guests. Mrs. Fowler, having some knowledge of the Spanish lan- guage, found that these Indians understood some words in this language, and she ascer- tained that they had been out on a raid against their mortal enemies, the Utes, and, failing to find them, they were on their return to their tribe on the plains. They at length passed on peaceably, and left all things peace- ful and quiet behind. But might they not return, either boldly or stealthily, in the night. Still, Mrs. Fowler was in doubt, and waited anxiously, knowing her husband could not return that night.

Night came on, and the wild scene was cov- ered with darkness. Some sticks, pieces of wood, had been gathered, and a fire built by the side of a log of pine, so as to scare off the wildcats, mountain lions and other wild beasts of the mountains. The cot had been arranged, and rest and sleep been sought, but not expected. An open ear was kept for any strange sound of Indians or other intruders

At length, the dog had discovered something approaching, and its sharp bark seemed to bid defiance to any intruder. Again the hearts of mother and daughter bounded with excitement. Presently the clatter of horses' hoofs was distinctly heard, coming nearer and nearer. The thought was returning Indians, and in the darkness of night. Murder Joves the darkness of night. The fire was burning, and gave light, and eyes were open to catch the first sight of approaching enemies. As the clatter of horses' hoofs came nearer, pres- ently there was a change in the barking of the dog from that of fierceness to one of as- surance and satisfaction, and soon Mr. Fowler himself came into camp. He had luckily fall- en in with a friend who had a pony, and, knowing the fear with which his wife and daughter must spend the night in that lonely place, and representing the same to this friend, was enabled to get the pony and hurry back to camp. The next day, he returned to Canon, brought in his wagon and reloaded

and started for the gold fields. The road led among mountains and parks and valleys. There were no hotels on the way, and at noon and night they camped by some spring or rivulet, where there was grass for the faithful oxen.

Before reaching Fairplay, Saturday night came, and a suitable camping-place was sought for remaining over Sabbath. At a pleasant spot in the great South Park, a de- serted cabin was reached, near a beautiful spring, and it was resolved upon to stop here. It had been built with the object of making it a supplying station for travelers, but had been abandoned. Some travelers had camped here the winter before, during a snow-storm, and, from what was written on the upper log of the house, one would suppose, became much discouraged. In pencil writing was written there: " Snow 100 feet deep, and still a-com- ing." There was no door to this cabin, and a blanket was hung before the doorway. Wood was procured and a fire kept blazing during the night. When all were sound asleep, at between 9 o'clock and midnight, the dog commenced barking furiously. Mrs. Fowler's eyes opened first, and -- horrors! she beheld what was supposed to be the face of a huge Indian, and, instantly giving her hus- band a sudden jog, cried out, "Indians!" Now, scared frantically, scared out of sleep, all eyes were open upon the swarthy face peering through the curtain at the door. A speedy and vociferous protest was uttered to the biped who carried that face, against his entering that cabin. Husband, wife, daugh- ter and dog, all frightened, were determinedly on the defensive. Soon came an utterance in Spanish " Mexican " (Meh-he-can-ah). After some conversation in Spanish, it was ascer- tained that this Mexican had been at work for a Frenchman up toward Fairplay, and, preferring to walk in the coolness of the night, and anxious to get back to his native clime, had come to this cabin to camp the rest of the night. He could not, under the circumstances, well be refused, and was per- mitted to spread his blankets for repose. But the wife volunteered to remain awake, so that, in case of treachery on the part of this stran- ger, she might give alarm. But, strange to

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HISTORY OF FREMONT COUNTY.

say, all fell asleep. and, before morning, the stranger had moved his couch to a more favor- able situation, and no one knew of the fact until morning, and all hearts breathed thank- fulness that no harm had been received. All were enabled to commence the Sabbath in quietness, and peaceful worship might be rendered to Him who is the Great Friend to all mankind. The journey was resumed on Monday morning, with bright visions of gold, and in another day Fairplay was reached, in full sight of the golden mountains.

In the spring of 1861, while the writer, with two others, was clearing ground on St. Charles Creek, preparatory to planting, a small band of Cheyennes and Arapahoes ap- peared, on their way to a Ute camp up the creek. They succeeded in killing and scalp- ing one Ute, who was herding the ponies, but were driven off with some loss. One of our number, who had lived among the Sioux, said that in another moon they would return, which they did, 600 strong, of Comanches, Kiowas, Apaches, Cheyennes and Arapahoes. They were very hostile and much excited, from the fact of our burning brush heaps, which they interpreted to mean warning to the Utes. Utterly helpless, all we could do was to lock our houses to prevent plunder, and meet them unarmed but fearlessly. A crisis was evidently, however, approaching, when our man who understood Sioux discovered a renegade Mexican whom he had known among the Indians, and addressed him in that lan- guage. This undoubtedly saved us for that time, although an Apache made a savage thrust with a lance at the writer, who dodged it, and, running to the horse's side before he could shorten his lance, grasped it, till the In- dian was ordered on. This party, however, met an utter defeat, and were pursued many miles down the mesa east of us, which was found by us strewed with Indian commissary and quartermaster stores of all descriptions. This rout saved us again, for, if they had not been so closely pursued, we should certainly have been massacred.

Shortly after this, the Plains Indians made another foray into the mountains, when they killed Benito, the head chief of the Utes. Ouray, lately deceased, was advanced from

war chief to council chief, and, being taken by Agent Head to Washington, when McClel- lan's army of 250,000 men were camped there, had such impression made on him by the fight- ing men he saw from West to East that he vowed to keep peace, if possible, with such a people. On returning, in council, he told of warriors like the blades of grass on the side of the mountain, etc., and was nearly deposed from chieftainship for his supposed misstate- ments. By his force of character, however, he retained his position, and always remained · consistently peaceable.

Cañon City at one time bade fair to become a formidable rival of Denver, but, after Govern- ment protection was withdrawn from the Ar- kansas River route, and the stage line of Bar- low, Sanderson & Co., from Kansas City to Fairplay via Canon City temporarily dis- continued, Cañon rapidly declined.

News from the Eastern seaboard did not travel so fast after the withdrawal of coaches and muils, when we had letters in twelve to twenty days, and the first account of the bat- tle of Bull Run did not reach this section for more than a month. To the praise of Canon be it said, however, more volunteers for the war were enlisted from it and vicinity, in pro- portion to inhabitants, than from any section of the State.

The Knights of the Golden Circle had a branch in Pueblo County, and held regular meetings, one of their most prominent mem- bers, it is believed, being a Mr. Brown, who owned a ranch near Pueblo. This Brown was from Mobile, where he had perpetrated various monetary irregularities, and had left sundry parties in deep and anxious mourning. A rendezvous for this kind of chivalry was sup- posed to be some fifteen miles east of Pueblo, where a certain well-known individual, gen- erally in Government employ, and professedly loyal, was believed by Union men to receive, pack, and cause to be forwarded to the South, such arms as their agents could buy up in the country. California . Gulch, now Leadville, were known to have been visited for that pur- pose.

While hospitably entertaining army officers en route, he did not fail to secure influence to obtain contracts for hay, costing him $5 per

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HISTORY OF FREMONT COUNTY.

ton, and sold to the Government at $150 per ton, and upon one occasion, among many, re- ceiving a claim for damages of $3,500 for rails sworn to as burnt by soldiers on the march, when it was popularly supposed he had not a single rail on his premises.

.A full half, at this time, of the settlers of the Arkansas Valley were Southerners, who were as bitter rebels as any during the civil strife. At times, it required considerable finesse to prevent serious difficulties, which were only kept in bounds by conservative men of both parties, who felt the uselessness of bloody guerrilla warfare, which would have ensued if once trouble commenced, and es- pecially where all the inhabitants were equally exposed to incursions of hostile In- d.ans. Upon one occasion, a partisan fight seemed inevitable. July 4, 1862, was cele- brated by a general gathering of all the Lower Arkansas settlers to a grand barbecue at Pu- eblo. An arbor of boughs was built some two hundred feet in length, on the bluff fronting the present First National Bank, under which the tables were spread, groaning with more of the substantials and delicacies of life than seemed possible to gather together where flour was $25 per sack, sugar and coffee 75 cents per pound, canned fruits from $1 to $1.50 per can, etc. The Union men decided that, it be- ing a national holiday of a nation, not a con- federacy, the old flag should be run up; the Southern element dissented, and each party departed in search for their "particular irons." The Southerners, especially, were loading up pretty heavily with "Taos lightning," obtained at the noted Jack Allen's place, and battle scarred and furrowed field seemed about being leveled by rifle flash and leaden messenger of the defiant factions. After great difficulty in parley, the strife was quelled and festivities were resumed. But "Old Glory" was run up, and waved triumphantly all day. H. J. Gra- ham, a candidate for Delegate to Congress, made a long, disagreeable and bitter speech, mostly confined to personalities, abase and tirade against all his opponents, whoever they were, which nearly precipitated another crisis. A young Mississippian was heard, late in the day, to say: "Well, boys, we were born under the old flag, and I doubt if we ever better our-

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History of the Arkansas Valley, Colorado, Part 75

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