USA > Iowa > Jackson County > Annals of Jackson county, Iowa, Vol 1-6 > Part 20
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them were two men who had landed a log raft there that morning. They had worked with me during the day to settle the trouble without a fight. Mr. Farley was also one of the party. He had come up to the mill and I told him there was going to be trouble, and had him put his pony in the stable with mine. With the report of the guns which killed Brown the firing became general. There was not more than ten men in the house with Brown when the fight commenced. There was one young man in the hotel whom Brown had befriended who had a claim near Bellevue, and he said 'if Brown had to go he would go with him.' He was an exemplary young man, and had not an enemy in the place and never drank nor gambled. When Brown was killed the house was soon filled with smoke, so that those inside could see nothing. This young man stepped out on the porch, sin- gled out his man and fired and turned to go inside again but a ball struck him and he fell on the porch, his head hanging off. His groans and cries were pitiful to hear. I started once to go to him, but realizing the danger turned back. Mr. Farley was greatly affected by the situation of the unfor- tunate young man, and finally he said, "I can't stand this any longer, " and went to the porch and bent over him to lift him up. Just as he stooped over a ball from one of the citizen's guns struck him and he fell across the body of the man he was trying to succor, and neither of them spoke or mov- ed again.
About this time those who were in the house broke out at the rear and jumped over the fence by the privy which was riddled with bullets. Bill Fox was among this crowd. and was wounded in the side and captured. Tom Welch, a boy who had been working for Brown, was shot through the side and fell, the pursuers passed him thinking him dead. Charley Kilgrove on returning saw him move. 'Well, Tom,' he said, 'you are not dead yet?' and put his pistol to his face and tired. Tom threw up his hand and turned so the ball went through his hand. Those two men were good friends that morning. When Kilgore had gone Tom struggled to a sitting position again when a Methodist exhorter from Galena, who had worked in the stone quar- ries there, came up to Tom. He said, you rascal, you are not dead yet,' and kicked him three times and passed on. Tom got to his feet and made his way to Kirkpatrick's place, which was near by. He asked Kirkpatrick to protect him from Kilgore and others who were after him again, and War- ren coming up again, he and Kirkpatrick interfered in behalf of Tom and he was saved from death. We took him to Bilto's and I dressed his wounds.
After the fight was over half a dozen men were dead and as many more severely wounded. The citizens who had remained in town and had not taken part in the fight, wanted some one to go to Dubuque for docotrs. I was prevailed upon to go. I rode one horse to Tete des Morts and pressed a horse there and ran the horse all the way to Dubuque. I think two doc- tors went down from there, and some went from Galena. I stayed over night in Dubuque and when I returned the men who had been captured at Brown's house had been whipped and driven out of the country. The Cox party who had been victorious in the fight, were arrogant and abusive to all who had not sided in with them.
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I worked there a while, then went to Davenport and worked at the car- penter trade. In abont eighteen months I returned to Bellevue, but there was nothing for me to do, so I left town, going down the river on the steamer Nauvoo. Joseph Smith, the Mormon prophet, was on the boat, and there were two professional phrenologists aboard and they were examining heads for so much a head. Joe Smith told them he could tell them more about their dispositions and not touch their heads than they could by exam- ining the heads, so the phrenologists examined several people, and then those same people went to where Smith lay on the deck and he told their fortunes, as they called it then, without looking at them, and they all de- cided in favor of Smith.
The second summer after the Bellevue war. I was in Natchez. I had been sick, and was not able to work yet, and was sitting down on the levy one day, when who should turn up but Bill Fox. He seemed very much sur- prised to see me, and uneasy, but as there was no chance to dodge he came up and we had a long chat. He asked me how they felt toward him in Iowa, and if I thought they would allow him to come back here. I told him I thought if he behaved himself he would not be molested. I never saw Fox again, and the next time I heard from him he was implicated in the mur- der of Col. Davenport. I was well acquainted with Col. Davenport, who was a good man and good to the poor.
I went back to Pennsylvania, rented a mill, got married, have lived in several different states, but my home is now in Benton, Butler county, Kansas. This is my only visit to Iowa since 1841, and will be my last. Was 88 years old last February, have been visiting old friends in the east and am on my way home.
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LETTERS FROM GOV. LUCAS' FILES
Dubuque, April 4th, 1840.
Dear Sir: I am under the painful necessity of informing you that Jack- son county in this territory is in a state of a complete disorganization. The sheriff, judge of probate, and the celebrated Col. Cox on the first day of this month headed a mob at Bellview and attacked a peaceable citizen of that place with a view of driving him out of town. The result was that a most disgraceful fight took place, and as report says from six to nine lives were lost and several wounded. It is currently reported at this place and very generally believed that Warren, the sheriff, went about the county procuring the names of persons pledging themselves to support the mob, several days previous to the day of the assembling of the most infamous mob that ever was assembled in this or any other country. The mob with their infamous leaders have since the killing been engaged in holding a citizens' court, as they call it, and have tried and punished several individuals. It is also un- derstood at this place that this triumvirate composed of Cox, Warren and Moss, are about to divide the property of Brown who happened to be the special object of their vengeance, and who had considerable property.
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Mitchell, the man who committed the murder last winter and who had been held in mock continement by this infamous sheriff, is now let loose rejoicing with the good and pious mob citizens at his freedom from all the restraints of regulated society, law and good order. A court, as you must be aware of under the existing laws of this Territory, is appointed to be held on the 13th instant at Bellevue. Since I have set down to write this letter I learn from two gentlemen who have just returned from the seat of war that the mob boast that they had all of the Grand Jury for the next court to act with them except Brown and that he was killed. It will be next to impossible if not utterly useless to hold a court in a community composed of such brutish beasts, when blood and murder is the order of the day. In such a state of things you must be aware that those base and foul felons cannot be punished in their own county. I have therefore deemed it a duty of mine to acquaint you with the facts and if you have any power vested in you as the Governor of this Territory to aid and assist the laws I hope you will exercise them in bringing to justice base and foul murderers and to wipe off the disgraceful stigma that has evidently been thrown upon the people of this Territory by this most disgraceful tragedy.
Yours in haste, J. V. BERRY.
To his Excellency, Robert Lucas. (On outside of sheet. )
Captain Smith of steamboat Brazil will see this delivered and oblige.
Dubuque, I. T., April 6, 1840.
To His Excellency Robert Lucas,
Sir: I regret to state to you that a more disgraceful affair has never been recorded in the annals of history than that which I am about to relate. It occurred on the 1st ultimo at Bellevue, Jackson county, I. T. about seven miles below Galena. A mob collected calling themselves the people, headed by Warren, the sheriff, of the above named county, and Col. Cox (so-called) member of the legislature, Gen. McDonald and James K. Moss.
The mob proceeded to the house of Mr. Brown (inn keeper) and inform- ed him through Warren, that he must leave the Territory immediately. Brown replied, that if he (Warren) had any legal demand against him, he was willing to go with him and be tried, but that a mob could not take him. However, they were not satisfied with this, and made a rush to cap- ture him and in trying to effect their object, six persons were killed, and three wounded, one having since died !!! What the character of Mr. Brown was, I am unable to say. He was certainly hospitable, and obliging to strangers and affectionate to his family, he was also industrious, which is certainly one good quality. His wife was of a reputable family and under- stood the duties of a hostess well. Brown fell like a brave man, defending his wife and child from insults, and his property from the ravages of a reck- less and lawless mob. Mrs. Brown was conducted to this place by a gentle- man, at whose house she has, and will receive the most kind treatment.
On Saturday evening last, the citizens of this place assembled at the Presbyterian church, (tho' large it could not contain near all) to express their deep abhorance of the murderous conduct of the mob at Bellevue, by
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strong resolutions, which will be published in the papers of this territory. The people at the meeting expressed their unanimous wish, that you would promptly remove from office Warren and McDonald. Our legislators will be instructed at the extra session to expel from their body Col. Cox, and we will endeavor to have J. K. Moss removed forthwith from the office of post- master.
I have just learned that the latter gentleman (or rather the man) holds the office of Judge of Probate, if so, he should be removed from that office also. I have just had a conversation with Mr. Petriken, who feels indig- nant at the outrage and thinks those villains, if possible, should be arrest- ed, and that there are two ways of having it done. First, that by removing Warren and having a new sheriff appointed, they could then be arrested. Secondly that your Excellency can command Gen. Lewis to raise the mili- tia and arrest them. Others think Chief Justice Mason is authorized to act in this matter, but all agree that your long experience in public business gives you the advantage of us all in knowing how to dispose of those per- sons, who have committed the most willful and premeditated murders, and have brought a stigma and a disgrace upon our young and beautiful Terri- tory that years cannot efface.
Your obedient servant,
JOHN KING, P. M.
[Private. ]
When Brown was killed, Mitchell who assassinated Thompson last sum- mer in Bellevue, was immediately turned out of prison and is now walking the streets. Several in our village have strong suspicions that Mitchell brib- ed Warren to dispose of the only two witnesses who could convict him of the murder of Thompson. Those two witnesses were Brown and Montgom- ery. Brown is now dead and on Saturday last, a company started from the scene of action to "either drive Montgomery from this Territory or kill him."
What the fate of Montgomery is, I have not learned but I fear the con- sequences. Circumstantial proof of what I have hinted at above, can I am told, be produced, but of this we will say nothing. The day of reckoning is not far distant I trust with the instigators of the mob. J. K. Gov. L. Please excuse I write in a hurry.
Executive Department Iowa Territory, Burlington, April 7th, 1840.
Sir: I received your letter of the 4th inst. by Captain Smith of the steamboat Brazil. I regret extremely to hear of the transactions in Jackson county detailed in your letter. It reflects a disgrace upon our Territory, and I trust that the persons who may be found guilty of so great a violation of the laws of the Territory may ultimately receive the punishment the law prescribes, but this is a subject that is entirely under the control of the Ju- dicial branch of the government. The law gives to the judiciary the power to enforce obedience to its mandates by fines and penalties. The Executive branch has no such power. The Executive may issue his proclamation, but
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he has no power to enforce it. He has neither funds, men, arms or ammun- ition under his control. The law vests the Civil Ministerial office with the power of the county and the judiciary is vested with power to impose fines and penalties for disobedience to their commands. However desirous I may be to check such outrageous proceedings, yet I see no way in which an exe- cutive interference could be of any benefit. The duty is devolved upon you, as district prosecutor, to bring the subject before the proper judicial tribun- al for investigation, which I trust will be promptly and efficiently done.
The account of this disgraceful affair, as published in the Iowa Terri- . torial Gazette of the 4th instant, differs materially from the one given in your letter. How far these accounts may be correct, I do not pretend to de cide but one thing is certain, that is that a most disgraceful outrage has been committed upon the laws of the county by somebody, and it becomes your duty as the legitimate prosecuting officer to have the subject impar- tially and legitimately investigated, and to cause the guilty persons, who- ever they may be, to be prosecuted and brought to justice. This should be done without prejudice or favor to any one, but with a single eye to the maintenance of the supremacy of the laws. With sincere respect, I am,
Your obedient servant, ROBERT LUCAS.
J. V. Berry, Esq.,
District Prosecutor 3rd Judicial District, Dubuque.
Note .- These letters were furnished the Jackson County Historical Soci- ety by the kindness of Dr. B. F. Shambaugh of the State Historical Socie- ty. They were discovered by Mr. John C. Parish of the Iowa State Univer- sity, who is writing a life of Gov. Lucas,
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The Bellevue War-A Review. see also p.9.
(Written by Harvey Reid for the Jackson County Historical Society.)
The interesting details of events connected with what has always been known locally as the "Bellevue War, " brought out by the researches of Mr. Seeley and Mr. Ellis have great value historically because as now viewed by scholars, history should be a record of facts, whether those facts accord with preconceived notions or not.
It will be observed, however, that all the marshaled array of new evi- dence and argument only goes to show that good people were not agreed at the time, and are not now, as to the personal guilt of W. W. Brown. It may readily be conceded that Shade Burleson and Jo Henry, who knew him fairly well, and John E. Goodenow, Anson HI. Wilson, Col. John King and J. V. Berry, who knew him casually or by hearsay, may have been convinc- ed to the last that Brown was an honorable citizen, who was not to blame for the character of those who made his public hotel a rendezvous. It may be conceded that Col. Cox, Sheriff Warren, Judge Moss, Judge Harrington and their confreres may possibly have been mistaken in their opinion that Brown was actually implicated in the criminal acts of those with whom he associated and whom he seemed in a large measure to control. Still the fact remains, testitied to by both parties in the controversy, that Jackson Coun- ty was infested with a gang of criminals guilty of all kinds of crimes against property, and that the cyclone of wrath which culminated in the bloody tragedy at Brown's hotel on the first of April, 1840, effectually rid the coun- ty of their presence, and created a sentiment of detestation of malefactors that has its influence to this day.
That the riddance was not accomplished by the orderly and lawful pro- ceedings planned and counseled by Judge T. S. Wilson and District Attor- ney James Crawford must be admitted. The sheriff's posse became at once without the formality of organizing, as typical a Vigilance Committee, as ever were those which in California, and in northern Indiana, and in other primitive communities, protected society when the law was powerless to act. Our Jackson County vigilants dissolved as quickly as they assembled. Their one exhibition of power sufficed; no perpetuation of their authority became necessary or advisable.
I have said that the short but desperate conflict which cost more in human lives than any other battle which ever occurred on Iowa soil since white settlement except the Spirit Lake massacres, has been universally known here as the "Bellevue War." No other term so well expresses the character which it assumed. The demon which enters mens' souls in the ardor of conflict must be reckoned with, and Gen. Sherman's phrase cannot be denied. Let it be remembered too that a large proportion of those who
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formed Colonel Cox's posse had already seen service as enlisted soldiers in regular warfare. Cox himself had served at least sixteen years in Illinois militia rising through all ranks from private to Colonel, during which in the war of 1812, he had, as one of a company of scouts, led his command against savage foes in positions of the most extreme danger. Again in .the Black Hawk war, he had accepted service of equal peril although exempt by age from military enrollment.
Among others of the posse was Col. James Collins who had commanded a regiment in the Black Hawk war which bore a leading part in the battles of Wisconsin Heights and Bad Axe. He was afterward Colonel of an Illinois regiment in the Mexican war, but the only time he was struck by a hostile bullet was in this short-lived "Bellevue War." He ended his military career as Brigadier General of California militia where he died in 1864.
Gen John G. McDonald had been a Lieutenant in General, (then Major) Henry Dodge's Battalion of U. S. Mounted Rangers in which he served a year. At the time of the Bellevue affair he had recently (January 14, 1840) been commissioned Brigadier General of the First Brigade, Third Division, Iowa Territorial Militia, but the militia possessed then the merest sem- blance of an organization.
James L. Kirkpatrick had been First Lieutenant in Capt. Enoch Dun- can's Galena company in the Black Hawk war, and his brother Rev. Joseph Scott Kirkpatrick had been a private in Capt. James Craig's company. Wm. A. Warren, William Jonas, Vincent K. Smith, who fired one of the fatal shots that killed Brown, William Dyas, Thomas Graham, John D. Bell, James McCabe, Hastings Sangridge, Enoch Nevill, Joshua Seamands, all had served in the Black Hawk war. Indeed I believe that every Black Hawk war soldier then living in Jackson county was in Colonel Cox's com- mand at Bellevue except the brothers, Rev. Nathan and Jesse Said, of the forks of the Maquoketa, Charles Bilto then living at Bellevue and William L. Potts, who lived however over the line in Clinton county on Deep Creek.
Another of the posse was Capt. Len M. Hillyard who held a commission as captain of Co. "D," Ist Regiment, 1st Brigade, 3rd Division, Iowa Terri- torial Militia. This company soon afterwards perfected the most complete organization of any Jackson County militia company, and took the name of "Brush Creek Rangers." Thad. C. Seamands, who became a neighbor of Capt. Hillyard's in 1847, tells us that the captain had the handle of his tomahawk shot through that he was carrying in his beit.
Of the personal character of W. W. Brown we have significant testimony in a book written soon after 1847 by Edward Bonney, called "The Bandittil of the Prairies; A Tale of the Mississippi Valley." Bonney was a detective who ferreted out and caused the arrest of those concerned in the robbery and murder of Col. George Davenport on Rock Island. July 4th, 1845. He found that the guilty scoundrels were John and Aaron Long, William Fox, Robert Birch and John Baxter, with Granville Young and Grant and Wm. H. Redden as accessories. Of these, Fox, Aaron Long and Baxter were among the Brown gang at Bellevue. Fox was a leader of what Bonney calls the Banditti. He was known among them as Judge Fox, and Bonney tells of many affairs of robbery in which he was engaged.
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Bonney finally traced Fox to his father's home in Wayne county on the eastern border of Indiana, and by displaying some genuine unsigned bills of the Miner's Bank with which he had been provided, gained the confidence of Fox, as being a dealer in counterfeit money. Bonney details several conver- sations which he had with Fox, among which is the following:
"Did you ever get caught before you were arrested at Bowling Green?"
"Yes, I was at Bellevue in Iowa at the time the mob shot Brown. They arrested me at the same time but could prove little or nothing against me. So they tied me up to a tree and whipped me nearly to death and then let me go. Some of them may have to pay for it one of these days. I should not have been caught at Bowling Green if the boys had followed my advice."
"Were you accquainted with Brown who was kiled at Bellevue?"
"Yes, my first horse was stolen under Brown's instructions."
"I presume that was not the last one."
"No, not by fifty."
It is hardly conceivable that Bonney could have manufactured this bit of testimony, any more than it is that Warren, Harrington, Moss, Cox and their associates could have proceded to the extremities they did without a profound belief, at least, that Brown was the chief sinner in the coterie of criminals.
The bias of Jo Henry may be partly explained by his being a rival of Jim Hanby, who seems to have been Warren's right hand man and deputy sheriff. He agrees that "the country at that time was overrun with horse thieves and counterfeiters," but could not admit that Brown was guilty of anything worse than prosperity.
The hysterical letters of Col. King and Pubilc Prosecutor Berry were written when they had no knowledge of the affray except what was brought to Dubuque by Mrs. Brown and the friend who accompanied her. Governor Lucas in his reply tells Berry that the account published in the Territorial Gazette differs materially from the one given in his letter. Berry was in- spired partly. it is evident, by personal hostility towards "the infamous sheriff' Warren. That this feeling was reciprocal may be inferred from the fact that Warren consulted District Attorney Crawford on the visit of the Bellevue committee to Dubuque, rather than Public Prosecutor Berry.
That the feelings of the Dubuque gentlemen, as well as of Governor Luacs, underwent some modification very soon afterwards seems certain. Sheriff Warren and Probate Judge Moss were not removed from office and the militia commission of Brig. Gen. McDonald was not revoked. Mr. Moss was not removed from the office of postmaster. The legislature met in ex tra session in July of that year. The Journal does not show that any pro- posal was made to expel Colonel Cox from a seat in the House, but on the contrary, does show that he received votes for speaker on three ballots. At the regular election in August he was reelected by the people of Jackson County to represent them in the Territorial House and when that body met in November his colleagues therein elected him their speaker without an- other candidate being named. And, in 1844, he was chosen President of the Territorial Council, the highest office, except congressional delegate, which a resident of the Territory could attain by election.
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That we may further understand who were the "base and foul felons" who formed "the most infamous mob that ever was assembed in this or any other country, " let us glean from history and from the memories of our coun- ty pioneers, somewhat of how they were regarded by their compeers. Gen. James Collins came into the affair by accident. His wife was a sister of Colonel Cox. They lived at White Oak Springs, Iowa (now Lafayette) coun- ty, Wisconsin Territory, and were on a visit to Mrs. Collin's mother then living with her son, John W. Cox, whose home was near the mouth of Brush Creek in Fairfield (or Jackson) township. Col. Collins' detestation of crime and his military instincts prompted him to join with his brothers- in-law, Thomas and John Cox when the call came to go to Bellevue. The military career of this gentleman has been mentioned, and his civil rec- ord was no less prominent. He had been a member of the House in the Wisconsin Territorial Legislature in 1838, when it met in Burlington, and at this time he was a member of the Wisconsin Territorial Council, in which he served six sessions and became President of that body in 1841. In 1845 he was the Whig candidate for delegate to congress, but was defeated by Hon. Morgan L. Martin of Green Bay. In 1862 and 1863 he was a member of the General Assembly of California and in 1863 was elected Treasurer of Nevada county, California. Thus the " infamous mob" contained within its ranks members of the law-making bodies of two different American commonwealths.
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