USA > Colorado > History of the State of Colorado, Volume III > Part 23
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The first election held by the people of Arapahoe County, occurred November 6th, when A. J. Smith was chosen to represent them in the Kansas Legislature, and H. J. Graham in Congress. The county then presented the unique anomaly of submission to Kansas law on the one hand, and of independence on the other. Graham was sent to Washington as a delegate from the people to secure a separate organization, but as nar- rated in our first volume, failed to secure such recognition.
Governor Denver also commissioned H. P. A. Smith to be Probate Judge of the county, and with A. J. Smith representing it in the Kansas legislature the political alle- giance to that Territory was so far complete, but was soon superseded (1859) by the pro- visional government of Jefferson Territory. However, March 28, 1859, the first election was held for officers of Arapahoe County, Kansas, with the following result: Probate Judge, S. W. Waggoner; Sheriff, D. D. Cook; Treasurer, John L. Hiffner; Register of Deeds, J. S. Lowrie; Supervisors, L. J. Winchester, Hickory Rogers and R. L. Wootten; Clerk to the Board of Supervisors, Levi Ferguson; Prosecuting Attorney, Marshal Cook; Auditor, W. W. Hooper; Assessor, Ross Hutchins; Coroner, C. M. Steinberger ;
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Justices of the Peace, - - Swigart and B. Hieatt for Denver precinct, and F. F. Brune for Anraria precinct; Constables, William Wilson and G. S. Abbie for Denver; S. M. Rooker and W. G. Taylor for Anraria.
The institution of provisional government cansed a new election to be held in October, 1859, under the self-constituted jurisdiction of Jefferson Territory, with this result: Probate Judge, C. R. Bissell; Sheriff, John H. Kehler; Register of Deeds, E. F. Clewell; Treasurer, L. W. Bliss; Attorney, David C. Collier; Supervisors, R. L. Wootten, C. A. Lawrence and J. W. Farrell.
At this time also, B. D. Williams was chosen to succeed H. J. Graham as lobby member in Congress. The Kansas officials were by no means pleased with this new turn of events and attempted to subvert it, but the people had spoken, and had no in- tention of receding from the action taken. The first provisional legislative assembly convened at Denver, November 7th, 1859. Arapahoe County was represented by the following: Councilman, Henry Allen of the second council district which included Denver and Auraria ; Representatives, John C. Moore and W. P. McClure for the first representative district (Denver); Wm. M. Slaughter and M. D. Hickman for the second (Auraria).
The masses were left in a quandary as to which authority they really ought to recognize and support. Those favorable to the Kansas regime, elected Richard Sopris to the legislature of that Territory. In 1860 Edward M. McCook-who was appointed governor in 1869-was sent down to Topeka. In addition to the conflict of Territorial authority, there was a third lawmaking body that exercised a quasi county power-the legislative council of Denver which, together with courts of common pleas and appel- late courts wielded a greater influence than either Kansas or Jefferson Territories. This state of things constituted a triple array of lawgivers, claiming some things in common. There were people's courts, also, in other words vigilance committees, that took charge of criminal cases, and the Arapahoe County claim club which increased the perplexity. But as a matter of fact very little attention was given to either government. For two years or more the Territorial, county and city affairs were so intermingled it was difficult to draw the distinctions between them.
By an act approved December 7th, 1859, the Jefferson legislature confirmed the election of Jack Kehler as sheriff of Arapahoe County, but with this proviso: "That the said Kehler shall not exercise the duties of sheriff in Arapahoe unless he reside in the same, and act as the principal sheriff therein." He was given authority over the first judicial district, in which he was to appoint competent deputies for each county in the district. Jefferson County and Arapahoe each demanded a resident sheriff, and the act already quoted from also provided that Kehler's jurisdiction should not extend over the former county unless he should make Jefferson his place of residence and per- form the duties of his office in person. Under the laws of Jefferson Territory the county courts executed the work of county commissioners in laying out roads and highways.
The first murder trial to come before the People's Court was that of John Stofel, for shooting his brother-in-law, Thomas Biencroff. Stofel, his victim, and three sons of the latter came in 1858, and engaged in mining on Clear Creek near the present town of Arvada. April 7th, 1859, one of the sons of Biencroff was killed and the body con-
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cealed behind a log. Suspicion pointing to Stofel, he was arrested, and when examined before Judge H. P. A. Smith admitted that he had followed Biencroff to the West with the intention of killing him. A People's Court was organized, the murderer tried and sentenced to death. The condemned man was placed in a wagon, taken to Tenth street on the west side and there hanged, the executioner being "Noisy Tom," a well- known frontiersman.
In March, 1860, Moses Young was tried by the same kind of a court, organized in Denver Hall, convicted and sentenced to death for the murder of William West. The execution took place in front of the murdered man's house, situated about 200 feet below the Larimer street bridge on the west bank of Cherry Creek. The court con- sisted of a president or chief-justice, two associates, a sheriff, secretary and a jury of twelve. Young was escorted to the scaffold by a company of armed men known as " The Jefferson Rangers."
The next event of this nature occurred June 15th, 1860, when Marcus Gredler was swung from a scaffold at the foot of a bluff on the east side of Cherry Creek where Curtis street enters it. Jacob Roeder and family, Frank Pampuch and Gredler from Leavenworth passed through Denver, June 12th, en route to the South Park. When near Bear Creek Gredler and Roeder had a dispute, and that night the former cut off Roeder's head with an ax. The assassin was brought to Denver and tried in Apollo Hall, where on June 14th, the people organized a court with W. M. Slaughter as chief judge, and C. P. Marion and John W. Kerr associates ; J. H. Kehler, sheriff. The jury consisted of George A. Gaunt, L. Mayer, James Arthur, L. McLaughlin, A. J. Dury, J. H Berry, J. B. Ashard, James O'Banyon, O. M. Hollister, A. Kimball, W. H. Grafton, and James Perry, who found him guilty of murder.
William Hadley was sentenced to be hanged June 25th, 1860, but escaped from prison. June 20th, he stabbed J. B. Card to death with a butcher knife, at a point some three miles below Denver on the Platte River, where they with other freighters en route to the States, had camped, On the 23d, Hadley was tried by a People's Court, convened under some cottonwood trees below Wazee street. William Person, George Wynkoop and A. B. Babcock were the judges, and the jury comprised A. Stine. J. N. Hutchins, H. S. Merrick, George Turner, J. Wheeler, J. P. Mckinney, S. H. Hough, John B. Rogers, J. G. White, Charles Robinson, W. Alexander and Lewis N. Tappan. The prisoner was defended by G. W. Purkins, and the case was pros- ecuted by John H. Sherman and H. R. Hunt. Hadley was convicted and sentenced, but escaped from his guard as already related.
The killing of Jacob Gantz by Jim Gordon, and the memorable events following that awful tragedy, have been related in our first volume.
The last execution by a People's Court in Arapahoe County was that of Patrick Waters who killed Thomas R. Freeman, December 7th, 1860. Waters, while out with Freeman buying hay, shot him in the wagon near Fort Lupton. Concealing the body in a thicket he mounted a horse and fled to Nebraska where he was captured by W. T. Shortridge, who brought him to Denver. Three days later he was tried in Criterion Hall, then standing on the site now occupied by the railroad building-Larimer street. On this occasion William Person, General Marshall and E. H. Hart were the judges; H. P. Bennett, J. Bright Smith, and Leavitt L. Bowen were the prosecutors, while J. C.
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W. Hall and C. C. Carpenter appeared for the defense. The jury was composed of "Count" Murat, William Clayton, M. A. Hines, George T. Clark, Lawrence N. Green- leaf, J. S. Travilla, Cyrus H. Mclaughlin, J. B. Carter, George Wakely, E. McLaugh- lin, John Herman and James Stewart. The prisoner was found guilty, admitted the crime, and was hanged December 21st, near the Fifteenth street bridge .*
The administration of justice by those popular tribunals was never precipitate or ill considered. Everything was conducted decorously and with an eye single to the revelation of truth, the protection of the innocent, the punishment of the guilty. As we have seen by the foregoing examples, the prisoners were allowed three competent judges, proper counsel and a jury of twelve ; accorded all the privileges except dilatory motions and' strategic devices, that are permitted under present statutes,'but execution followed swiftly after judgment.
Such courts were dispensed with after the formal organization of Colorado Terri- tory, but from 1859 to 1861 they exercised jurisdiction only over capital cases. Civil suits took their regular course before the judges elected under provisional laws, but owing to the multiplicity of courts and conflicting authorities, never were very highly respected. November 27th, 1860, Mr. James M. Broadwell, a member of the Legisla- tive council of Denver, introduced a resolution which forcibly illustrates the conflicting interests, and also the efforts made by thinking men to simplify matters and widen the influence of such courts. It provided "that all judgments, decrees and proceedings now had and obtained before the Arapahoe County Claim Club, the courts of Kansas, the Probate Court of Arapahoe County so-called, and the Provisional Government Courts within the jurisdiction of the government, which have been obtained according to the rules, regulations and usual practices of said respective tribunals shall be, and the same are hereby declared to be good and valid and binding, as judgments obtained in the Courts of Common Pleas, upon filing in said Court of Common Pleas a duly authenticated transcript of the same." What effect was produced by the resolution does not appear, but with the arrival of Governor Gilpin and the institution of authorized orders, the history of Denver and the county which had had so many interests in com- mon, and were so inextricably combined, became separated and subject to distinct methods of operation.
Dr. J. H. Morrison, E. W. Cobb and George W. Clayton having been appointed county commissioners by Gilpin, held a meeting November 27th, 1861, divided the county into precincts, and appointed judges of election therefor as follows:
Island Precinct-Polling place, Goodrich's house, Henderson's Island. Judges, H. O. Goodrich, Samuel Brantner and George Hazard.
Platte Precinct-Polling place, McLaughlin's on the Platte. Judges, John Kerr, F. R. Ford and E. Mclaughlin.
Clear Creek Precinct-Polling place at James Baker's ; Judges O. Wadsworth, John Wells and James Baker.
Box Elder Precinct-Polling place at J. B. Conant's ; Judges, J. B. Conant, P. C. Lowe and A. W. Murphy.
*Wm. N. Byers in an article entitled "Thirty Years Ago," published in the "Commonwealth Maga- zine," June, 1889, gives an extended and very interesting account of murder trials by the People's Courts.
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Bijou Precinct-Polling place at the Express station; Judges, S. A. Hackley, M. M. High and H. Roland.
Upper Cherry Creek Precinct-Polling place at Steele's ranch; Judges, William Steele, Cyrus H. Mclaughlin and - - Moore.
Bear Creek Precinct -- Polling place at Brown's ranch; Judges, Joseph M. Brown, R. S. Little and John McBroom.
Highland Precinct-Polling place at A. Chaplain's house; Judges, A. Chaplain, J. W. Weir and G. S. Allen.
West Denver Precinct-Polling place at A. C. Hunt's place; Judges, M. P. Cas- siday, Fred Z. Salomon and J. G. Vawter.
Camp Weld Precinct-Polling place at the officers' mess rooms; Judges, William Larimer, J. A. Fenton and N. G. Wyatt.
At a meeting of the Board two days later, Augustus Wildman was appointed Clerk pro tempore to the commissioners, and the house of A. H. Mallory selected as the poll- ing place in Platte precinct, and - - Sloan's name substituted for McLaughlin's, the latter not being a resident. With this preliminary work accomplished, the commis- sioners prepared for the first duly authorized election of officers for the county of Arapahoe under the new regime. The following were chosen:
Sheriff, Samuel Howe ;* Clerk and Recorder, Charles G. Cheever; Probate Judge, J. N. Odell; Treasurer, C. L. Bartlett; County Attorney, Lewis B. France; Assessor, W. T. Shortridge; Coroner, Freeman B. Crocker; Superintendent of Schools, O. J. Goldrick; Surveyor, Geo. L. Moody; County Commissioners, Samuel T. Hawkins, Jas. Brantner and Jas. W. Weir; Justices of the Peace, Philip P. Wilcox and John Wanless.
December 13th, 1861, the newly elected Board of Commissioners met and elected James W. Weir, chairman.
Charles G. Cheever, who held the office of Recorder for the ensuing six years, had been a pioneer in California in 1849, and ten years later in Colorado or "Pike's Peak." In later years by virtue of the large landed interests acquired and the splendid im- provements he erected thereon, he became distinguished as one of the more progressive builders of the metropolis. In examining the musty old records of his time, and of the years antedating his incumbency, very little seems to have been done by the Register of Deeds for Arapahoe, by the rival administrations of Kansas and Jefferson Terri- tories. The more valuable were handed down through Peleg T. Bassett and Richard E. Whitsitt, the first and second recorders for the old Denver Town Company. E. P. Stout's name appears here and there as Deputy Register of Deeds, some of which were acknowledged before David C. Collier as Clerk of the Probate Court in 1859. Bassett was killed by John Scudder, and although he kept the records of the earlier transfers of town property, Richard E. Whitsitt who followed him, must be regarded as the first clerk and recorder of Arapahoe County.
The first important survey was made by E. D. Boyd, ever since designated the "Boyd Survey of Denver," which was filed August 20th, 1859, in the office of "Richard E. Whitsitt, Recorder of Arapahoe County, Kansas Territory."
*Sometimes confounded with Samuel Howe, for many years attached to the Denver detective force, but a different person.
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HISTORY OF ARAPAHOE COUNTY.
Mr. L. B. France, the first county attorney, in assuming the office took upon himself grave cares and responsibilities, for he had to deal with many difficult and complex problems. His duties were extended to cover those now performed by the District Attorney. In the absence of laws, statutes had to be framed to meet the new condi- tions of organization. All manner of questions arose for determination. The land was filled with offenders against the peace, order and safety of society, and he had to deal with these with a strong hand. Appointed clerk to the judiciary committee of the House in the first legislature, he framed the practice act and other laws adopted at that session, which form the basis of the practice of the present day. Many years later he became reporter to the Supreme Court, whose decisions from Volume III to XI inclu- sive, appear therein as the result of his careful compilation. The Albany (New York) Law Journal and other standard legal publications bear testimony to the excellence of his work. He held the office of county attorney for five years, discharging its onerous duties forcibly, justly, and to the general satisfaction.
Freeman B. Crocker, the first coroner, later superintendent of schools, member of the city council of Denver, chairman of the board of county commissioners, member of the Denver school board, and finally president of the board of public works, was one of the most conscientious and useful men that has ever been placed in charge of our local government, city or county. He was unselfishly and untiringly devoted to the honorable discharge of every duty intrusted to him by the people. In all the long years of his stewardship there was not a blemish against his name or acts. He was in very truth, and in its most exalted sense a faithful servant, a just and upright man, who car- ried his burdens manfully, dealt firmly and impartially with all, looked well to the expenditure of the public moneys, allowing no leakages from the treasury. The excel- lence of our county government is very largely due to the precedents he established while in control of its affairs. The records are filled with evidences of his paternal care, with evidence of his honesty, with the most overwhelming testimony to his zeal for the common welfare. His administrations of the several offices to which he was elected and appointed, were of the highest order, showing in every act spotless integrity, inces- sant industry and the purest motives in all that he did or suggested. He was a grand figure in our affairs, a man worthy of boundless confidence, who never shirked a responsibility however onerous or exacting, and was unfalteringly true to every mission given him by the people.
William T. Shortridge, the first assessor, is now a resident of Fort Collins, Larimer County. Resigning his office before the expiration of his term, Harry A. E. Pickard, who later became a deputy U. S. Marshal under A. C. Hunt, was appointed assessor for the unexpired term. O. J. Goldrick, the first teacher of youth, was the founder of the public school system. President W. H. Pierce of District No. I (East Denver), in his report for 1879, thus refers to the beginning of education in the county: "The first schoolhouse in Denver was built of logs, and with its dirt floor and roof, was situated on the west bank of Cherry Creek, near the crossing of Larimer street. On the morn- ing of October 3d, 1859, eleven children, part of them half breeds, Mexican and Indian, were gathered together, and the stern schoolmaster was personated by the genial professor Goldrick." This was a private school, as were also those of Miss Ring and Miss Indiana Sopris, established the year following. The building committee for
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District No. 2 (West Denver), in a report rendered to President A. D. Shepard in 1887, said: "The early history is chiefly gathered from interviews and verbal statements made by men who took part in or were active promoters of the cause of education at the time. In the fall of 1861, pursuant to a call made through a newspaper, a meeting of prominent citizens was held for the purpose of organizing a school district and appointing school officers. The deliberations were conducted on a drygoods box in front of a store opposite the present Lindell Hotel. The men present were General John Pierce, O. J. Goldrick, General Frank M. Case, Capt. Edwin Scudder and Baxter B. Stiles. A board of school officers was chosen from this number. The first school- house owned by any district in Denver was purchased in the latter part of the year, 1865, by this district. It was a two-story brick store, having a single room on each floor and known as the Giddings building, from its owner. It was erected in 1861 and had been used as a general store until 1863. The next two years the United States government used it as a warehouse for ammunition and arms, and on this account it was called 'The Arsenal.' The district paid $700 for it, the funds being raised by subscription."
Proceeding with our notes taken from the county records, we find that John Wanless, a justice of the peace, resigned October 8th, 1862, and was succeeded by J. H. Noteware.
December 13th, 1861, the county commissioners leased from R. E. Whitsitt a building, situate on the corner of Sixteenth and Larimer streets, at a rental of $40 per month for the use of county offices, and on the 18th, the sheriff was instructed "to fix up a jail." For this purpose a building was rented from W. H. Middaugh. Joseph L. Bailey, the first jailor under Sheriff Howe, was also a deputy under Sheriffs Wilson, Kent, Sopris and Cook. Bailey first confined his prisoners in a log cabin just over the Market street bridge in an alley on the west side. Sometime later the prison was estab- lished on the south side of Larimer, between Fourteenth and Fifteenth streets, near the corner of Fourteenth. June 19th, 1862, the county clerk was directed to draw a lease for the buildings on lots 19 and 20, block 49, East Denver, for county uses, for the term of one year from July Ist, at a rental of $450, but on the 19th of July the com- missioners concluded to remain longer in their present quarters, and Mr. Whitsitt was paid $100 a month for the county offices they occupied. September 27th, 1862, Mr. John A. Nye succeeded J. W. Weir as a member of the board of commissioners. October 9th the building rented from Mr. Whitsitt was again leased for six months, for the use of the county clerk, sheriff and surveyor, but in the meantime the lease had been transferred to Major John S. Fillmore.
Messrs. Hawkins, Brantner and Edwin Scudder, the latter being the new member, constituted the board of county commissioners October 18th, 1862. The first note- worthy contest by the board was against the attempt of District Judge B. F. Hall, in the summer of 1863, to compel them to accept James McDonald as county attorney, which they refused to do. Mr. Brantner conferred with Moses Hallett and Amos Steck, attorneys at law, made his report of their opinion on the question at issue, when the board resolved to retain Mr. L. B. France in that office, and rigidly adhered to that purpose.
The expenses of the county for the first fiscal year ending September Ist, 1862,
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were $10,842.39. The total assessed valuation of property in the county the same year, amounted to $1,047,370, on which the total tax was $17,491.
In 1863 the valuation was $1,365,054, and the tax $22,080. In the election for 1863, Charles G. Cheever was continued as county clerk, and L. B. France county attorney. Samuel Howe, sheriff, was succeeded by Robert S. Wilson. George T. Clark became treasurer, and O. J. Goldrick coroner. The latter failing to qualify, Mr. J. M. Broadwell was appointed to that office February 5th, 1864. James Hall, who became Probate Judge, executed new deeds for many of the town lots, as the records of Judge Odell's office were lost in the Cherry Creek flood of that year. M. M. De Lano, the new assessor, had been Territorial auditor under Governor Gilpin's adminis- tration. Later, he was chosen mayor of the city, and in 1869 was appointed consul to Foo Chow, China, by President Grant. He was succeeded as assessor by D. H. Soggs who filled out his unexpired term when Alex. W. Atkins was duly elected. In 1863, Freeman B. Crocker became superintendent of schools, and F. J. Ebert, surveyor.
In October, 1863, the board of commissioners comprised Jonas Brantner, Edwin Scudder and Joseph M. Brown. Mr. Brown served more than fifteen years as a mem- ber of the Board, and at this writing is still a member, though his occupancy of the office has not been continuous. During several terms he was its chairman. He is a native of Baltimore, and went with Walker on his famous Nicaraguan filibustering expe- dition back in the fifties. He came to Colorado in May, 1859.
The assessed valuation of property for 1864 was $2,007,298, and the tax levy $31,277.II. The expenses for the fiscal year ending September 1, 1864, were $18,- 338.92. In the fall of that year Mr. Brantner retired, when the board consisted of Edwin Scudder, Joseph M. Brown and Cyrus H. Mclaughlin. The Indian wars of 1864-65 and the necessity of raising and maintaining volunteer troops in the field, caused heavy drains upon the carefully guarded treasury. Special taxes were levied and collected to the amount of $31,090.33 for that purpose. Col. Thomas Moonlight commanding this military district after Chivington, in order to hasten the dispatch of volunteers to the front, declared martial law, and compelled the county to furnish both men and supplies.
In 1864 the commissioners purchased the record books kept by Richard E. Whitsitt, which also contained those of the original town company. February 14th, 1865, Amos Steck was appointed County Attorney, succeeding L. B. France.
R. S. Wilson resigned the office of sheriff February 21st, 1865, and a few days after Omer O. Kent, who had been a justice of the peace, probate judge and superintendent of schools, was appointed to fill out the unexpired term. In the fall of 1865 the fol- lowing officers were elected: Sheriff, Richard Sopris; Clerk and Recorder, Charles G. Cheever; Probate Judge, Omer O. Kent; Treasurer, Webster D. Anthony; Attorney, Amos Steck; Coroner, R. L. Hatten; Assessor, D. H. Soggs; Surveyor, F. J. Ebert; Superintendent of Schools, Walter McD. Potter; County Commissioners, James M. Wilson and E. N. Harvey.
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