Annals of Jackson county, Iowa, Vol 1-6, Part 32

Author: Jackson County Historical Society (Iowa)
Publication date: 1905
Publisher: Maquoketa, Iowa, The Jackson county historical society
Number of Pages: 1202


USA > Iowa > Jackson County > Annals of Jackson county, Iowa, Vol 1-6 > Part 32


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


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These incidents took place in the territorial court, but the early state courts were decidedly free and easy. The first term I attended in this state in September, 1856, was in marked contrast with the last one I had attend- ed in New York, at which, athough recently admitted as attorney and counsellor, I was uncerimoniously sat upon and summarily squelched by the tipstaves, because I had the temerity to address the court from the outside of the Bar instead of stepping within it. The first case I heard tried was


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the case of Adams vs. Foley, and the counsel agreed that I should report the evidence. I knew that I could write rapidly and also knew that no one could read my writing except myself, so I was safe against anybody convict- ing me of error. It occurred to me during the trial that it was incumbent on me to do something as my contribution to the general hilarity which prvevailed, and noticing that the sheriff, Josh Seamands, had seated him- self in front of the judge's bench and tilted his chair so that he could lean against the bench with his feet on the front rung in such manner that the tops of the front legs of the chair were separated two or three inches from the sockets, I thought I might venture a trick on him. So while waiting for a witness I went to him under pretense of getting a drink from a water pail which was near him, and leaned against him so heavily that his seat was slightly shifted, so that the legs of his chair would not enter the sock- ets should he attempt to sit up straight. After we had gotten started with the witness, I appealed to him to preserve better order so that I could hear the witness The sheriff shouted "Order, order", and straightening him- self up shot out of his chair like shot from a shovel. and measured his full six feet of stalwart official dignity on the sanded floor to the astonishment of the Court and Bar and the evident enjoyment of the bystanders. As Josh picked himself up from the floor, the most sheepish looking sheriff ever seen in Iowa, Judge Tutthill considerately adjourned court for dinner, so as to give the sheriff an opportunity to brush the sand out of his clothes.


But if the courts proceeded in a free and easy manner, they did busi- ness. The case I have mentioned was an illustration. The trial was begun on Tuesday and a verdict for nine thousand dollars ($9,000) was rendered on Thursday. A motion for a new trial was filed at once. I proceeded to write out my notes of the testimony in the shape of a bill of exceptions, and as court adjourned on Saturday night to meet in DeWitt on Monday morning, Judge Booth went there on the next Tuesday with the bill of exceptions duly prepared; presented his motion for a new trial while the Judge was taking his noon recess: and as it was overruled took his appeal at once. The case was docketed for the next term of the Supreme Court in Iowa City. was argued in December, was reversed in January and was back again for a new trial in February, but was never tried again. It is report- ed in 4th Iowa page 44 Such celerity in these times would give both Bench and Bar nervous prostration.


Of the courts. members of the Bar and officers of the county at that time, Mr. D. A. Fletcher is the only one who is still a resident of Jackson county, and he with Judge Darling (now of Little Rock, Arkansas) and myself are believed to be the only survivors. If I am not mistaken, one of the jurors at that term of court, is one of your own number who is here today, Anson H. Wilson, and may he long be with you.


The early pioneers of Iowa were a sturdy and stalwart race. They laid broad and deep the foundations of our common wealth, and from footing course to turret each stone and post and girder evinces their independence of character, their reverence for law, and their desire that those to whom they should leave their heritage should develop into a riper manhood, a more glorious womanhood, adorned by the culture and refinement of education and uphled and strengthened by religious convictions. Let us cherish their memory and emulate their example, and see that the inherit- ance we derived from them shall pass to those who come after us, not only unimpaired, but improved by our stewardship.


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Old Settlers Who Registered at the 1906 Meeting.


Where born


When


Came to


A. S. Hershberger.


Illinois


1846


1846


W. M. Woodhurst.


England


18447


1856


A. G. Bertelsen


Germany


1832


1853


Mrs. A. G. Bertelsen


Germany


1831


1854 -


J. W. Ellis


Indiana


1848


1852


Mrs. J. W. Ellis


Wisconsin


1853


1853


Mrs. Emma Morey


New York


1828


1846


Mrs. M. K. Kenney


New York


1845


1847


J. O. Seeley.


Pennsylvania


1853


1856


Mrs. Julia A Seeley


Pennsylvania


1827


1856


James Fairbrother,


Iowa


1847


1847


M. D. Littell


Canada


1827


1844


W. S Keeley


Indiana


1850


1852


C. Walp


Missouri


1845


1845


E. Taubman


Isle of Man


1832


1853


J. H. Waugh


Ireland


1831


1854


Mrs. Elizabeth Wilson


Indiana


1844


1853


Eliza Davenport


New York


1844


1868


A. Gee.


Ohio


1829


1845


Clarence Small.


New York


1845


1856


Mrs. M. E. McDonald .


Indiana


1839


1847


Hiram Stevenson.


New York


1827


1854


James Van Emberg


Missouri


1864


1864


Mrs. Martha Van Emberg


Canada


1844


1856


Charles Wyckoff


Michigan


1838


1838


A. J. Phillips


Michigan


1832


1837


Mrs. Fannie Glaser


Iowa


1842


1842


George W. Farnsworth


Ohio


1834


1854


Royal Goodenow


New York


1820


1845


Mrs. A. Bentley


Iowa


1848


1848


Joseph Brady .


Pennsylvania


1838


1855


Mrs. Joseph Brady


Pennsylvania 1847


1855


Levi Wagoner


Pennsylvania 1830


1850


A. H. Wilson.


· Canada


1816


1839


J. S. Thompson


Pennsylvania 1830


1854


born


Iowa


Celia Hobart Kidder


Pennsylvania


1849


1852


1850


1654


185


1


IT


-92-


Martha A. Thompson


Pennsylvania 1837


1851


R. N. Gibson


Pennsylvania 1835


1852


Mrs. N. E Gibson


Pennsylvania 1843


1855


J. A. Ripple.


Pennsylvania 1843


1855


T. J. Wilson.


Indiana


1843


1856


W. H. Palmer


Iowa


1854


1854


W. H. Smith


Pennsylvania


1840


1867


J. Scoby.


Ohio


1844


1855


Henry Busch.


.Iowa


1857


1857


Lewis Anderson


Iowa


1854


1854


George Cooper Jr.


Iowa


1869


1869


Mrs. George Cooper


Iowa


1869


1869


Murray Eaton.


Iowa


1849


1849


Wright Bentley


New York


1833


1841


L. S. Lovelee


New York


1838


1865


Volney Wilson


Iowa


1850


1850


L. C. Frank


Germany


1843


1854


Mrs. J. Scoby


Kentucky


1853


Rosena Rapp


Germany


1823


1852


Lewis Roach


Indiana


1854


1856


O. W. Joiner


New York


1839


1870


George Hess


Iowa


Harvey Reid


New York


1842


1865


Dr. Chas. M. Collins


Iowa


1867


1867


G. A. Hess


. Germany


1841


1866


Joseph Jerman


Iowa


1845


1845


R. N. Woods


Indiana


1842


1850


Charlotte Cundill Joiner


Iowa


1852


1852


Mrs. Will Cundill


Iowa


1864


1864


James Mc Donald


Ohio


1844


1854


Mrs. James McDonald


1865


Mrs. C. Blanchard


New York


1833


1866


C. Blanchard.


New York


1831


1866


James Carter


Ohio


1840


G. K. Miller


. Pennsylvania


1832


1856


Mary Campbell


Pennsylvania


1840


1851


C. F. Ellis


Iowa


1873


1873


Mary A. Prindle


Michigan


1840


1856


M. D. Watson.


Pennsylvania


1844


1865


William Graham


New York


1831


1856


Andrew Clark.


Ohio


1828


1854


Emily Taylor


New York


1818


1852


William Current


Iowa


1845


1845


W. B. Swigart


Iowa


1857


1857


Mary Goodenow Anderson Towa


1846


1846


Melisa Dean


New York


1846


1855


Alvin Deane.


New York


1842


1854


G. L. Mitchell Iowa


1858


1858


17


W


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90


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81


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L. L. Lockard


Pennsylvania


1851


1854


W. P. Dunlap.


Virginia


1833


. 1858


Mrs. W. P. Dunlap


New York


1840


1841


J. K. Bowman


Virginia


1826


1849


Harry Littell:


Iowa


1872


1872


Mrs. Ed. Baker


Pennsylvania


1844


: 1847


Ed Baker


Pennsylvania


1838


1848


Will Cundill.


Iowa


1855


1855


Mrs. I. K. Crane


Pennsylvania


1836


1848


D. M. Black.


Iowa


1856


1856


Emily E. Black


Pennsylvania


1855


1866


J. M. Fitzgerald


Pennsylvania


1831


1853


C. L. Woods


Iowa


1852


1852


Mrs. Susan Gordon Reynolds. . Ohio


1833


1853


W. C. Gordon Iowa


1858


1858


Mrs. W. C. Gordon


Iowa


1857


1857


M. E. Fenton


New York


1833


1847


Fred Myatt


Iowa


1868


1868


Mrs. John Cook.


Pennsylvania


1845


1853


John Cook.


.England


1841


1851


Henry Harrison.


Iowa


1851


1851


Dr. J. A. Carson.


Ohio


1844


1868


Miss Mary Shaw


Iowa


1848


1848


J. N. Nims.


lowa


1846


1846


Mrs. J. N. Nims


Iowa


1863


1863


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Different Points of View.


(Written by Will Oundill of Maquoketa, Iowa, and Read at Old Settler's Meeting, Auzust 22nd, 1906.)


the Old


This world is what you see of it as life you journey through, And nothing in it happens that looks the same to two;


The very self same feature, in the very self same game,


To the best of friends and neighbors will never look the same.


A friendship may be broken and lost beyond recall In a foolish controversy about a game of ball;


When two good natured people both upright, square and true, Just happen to be looking from a different point of view.


Don't call your friend a "knocker" if with him you don't agree, His judgment is as dear to him as ours to you and me; He's a right to his opinions and to express them too, For it may be he was looking from a better point of view.


And if you meet some others who think the same as he, Don't intimate they're aged and say they cannot see; Their vision and their judgement may seem at fault to you, When perhaps they all were looking from a better point of view.


And when luck seems against you, don't let your feet get cold, Or be a howling quitter and claim the game was sold; Don't call the umpire rotten and make the air look blue, It may be he was looking from a better point of view.


And if you back your judgment with money on the game, Don't squeal if your a loser keep on smiling just the same The man who wins your money was no more sure than you, But he happened to be looking from a better point of view.


In the long run truth is mighty and the right will always win, So be honest and above board in every deal your in; And when you meet a neighbor who don't agree with you, Just remember he is looking from a different point of view.


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Address by Mrs. Mary Goodenow-Anderson at the Old Settlers' Meeting August 22nd, 1906.


To those who meet today greeting to those who have passed on from mortal ken-a longing to again clasp hand and look into eyes that repsonded kindly and lovingly. It is hard to to be quite satisfied with less than all. Life is not just the same to any of us who face vacant chairs, empty places. Memories however dear and sweet come shining through the mists of regret and the today, no matter how full, lacks something of entireness. One by one our dear ones join the silent majority. Shall we call them dead? There is no halting in the great law of universal compensation. We say "the body perishes," not so, only the form changes. The study of natural law teaches that no particle of created matter can ever be destroyed. If we could look upon what we call death rightly, separate it from the judgement and repugnance of the temporal senses, would we not see that the processes of decay are as beautiful as those of new growth, and but links in the chain of all life. Why this fear? If the great Orderer of the universe takes care of each atom of matter will he suffer the spirit to perish? Since we love we must grieve. Even to those who trust the future most implicityly the void seems awful, yet so far as we may, let us remember to our hearts easing, that what we call death is only change and holding our love close to our hearts, pick our stepping places with care lest we stumble and lose our hold on so sacred a thing. 'Tis not wise or natural to live on regrets. The yesterdays with all their dear associations, holding as they do the record of so much that is heroic, worthy, and as always the record of frailties and limitations, are our lessons for today. The Pioneers, like all people of all times were interde- pendent. The broad rich prairie awaiting his developing hand begot a broad- ness of heart and character. The noblest kind of education was going on in each furrow turned, each seed dropped into the fructifying earth. Those log cabins! Those patient workers! What hearth stones were laid! What vir- tues amplified and fortified ! Always the home instinct. suffering all, over, ruling all! Emerson tells us that "the world globes itself in a drop of dew." Every man's country globes itself in his hearth stone. All the prin- ciples of true government have here their inception. Let each family be rightly regulated and governed and we'd need no laws, could have no wars. "Here as in nations, each must stand in right relations to the others. If any trespass on the peace all suffer." The best citizen is he who respects the rights of others. Benefits must be mutual to be just. This generation's


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turmoil over capital and labor shows us how fatal it is to ignore a basic law and shows too, how far the men of the nation have departed from primi- tive brotherhood. Too much liberty breeds license, too much luxury breeds selfishness. Into Maquoketa's log cabins the lust of greed had not crept. To safely shelter and feed the wife and children, to stand as a wall of strength be- tween them and danger was the husband's province. What of the wife? How passed the hours? Perhaps a bride standing in the cabin door looking with hand shaded, tear moistened eyes away to the horizon's glorious sweep. Wealth of prairie, wealth of promise, but oh! the loneliness of it all, the hungering for one's kind, through the days of sun and shower, through the star lit silent night, a silence broken only by a bird's plaint : or a wild beast's bark or howl. Then came motherhood. With quick indraw- ing breath, I try to think what it meant to that heart and life. The flood gates are open. Maternity deluges the woman with an ecstacy. The little form lies through the night hours close to the tremulous heart, while every hour of the day seems shortened and electritied with the wonder and joy of it, all latent powers are aroused, the woman is vitalized, energized .. The world has an awakened force to deal with, the unknown quantity has solv- ed the equation.


Do you think you know what love is You who have never been a mother? Do you think you know the ecstacy of love, Went dow All other love has some small grain of self, By loving any other? Matta peral Mingling with warp or woof;


Asks something ere it gives it's all And needs replenishment and proof, But baby since you came into my life, I know all other love led up to thee; And I was grandly crowned, when was vouch-safed The crown of motherhood to me.


I so often compare in my mind our city of today, with its luxuries and privilege with those log cabin times and later on. Are we better, are we happier? "I'd love to be a girl again, " says the song and I echo it. The days were never long enough for the good times on tap, al- ways hated to go to bed, but when once asleep it seemed like death to get awake. Mark Twain said, "the most dangerous thing a man can do is to go to bed. More people die there than with their boots on." We must have shared an unnamed fear for this going to bed was a court of last resort. We were as one big family. The unhampered £ conditions begot


a fellowship and freedom that can belong only to new settlements. I for one, would be glad to turn back the page again, eat my salted potatoes and sweet salt pork, (my mouth waters) build houses in the wet sand piles over my bared feet, pick up goose feathers from the dew-wet grass to make my pillow as big as some other girls and later on the fullness and sweetness of unfolding years. If any living being has had a fuller, jollier, more blessed life than I, I've yet to learn of it. I am thankful to the very bottom of my


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heart that I was born and lived the life of a pioneer, to feel that I am part and parcel of this fruitful soil, that every cell of my body has been fed on this prairie ozone, that I can carry with me in life and all beyond the hal- lowed memories of parental environment so unselfish, so devoted, so sweet and strong with the essence of truest manhood and womanhood. Shame to us who do not, at least prayerfully try to live in some degree worthy of such examples. The last night's sleeping time is coming to us, can we not live each day so that each nights sleepy time will find us-trusting and asking.


As night and dew steal soft o'er tired day, So may sleeps wings fan weariness away, And cooling shadows brood o'er toil and heat,


1


While dreams sweet mystery your dearest joys repeat. Why should we fear the pulseless rest that comes, When care and pain their round of work have done? Like little chidren "lay me down to sleep,' Trusting a risen Lord "our souls to keep."


Andrew Clark, an Old Settler of Jackson County, residing near Iron Hill and who is also a veteran of the Mexican war, was in attendance at the Old Settler's meeting last Wednesday. Mr. Clark enlisted in Columbus, O., in Co. E, 4th Infantry in 1846 and served until the end of the war. Went down the river on a steamboat to New Orleans, and on ship from there to Mattamoras, served under General Taylor first and later under General Scott. Went as far as Pueblo where he was detained for Garrison duty, un- til the fall of Mexico City and treaty of Peace.


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Address by Chas. Wyckoff at Old Settlers Meeting.


Discovers An Old Grave. confer-


Something like 57 years ago, Peter Jerman, while digging a well on the land then owned by him in South Fork Township, two miles north of Ma- quoketa, now owned by A. J. York, was killed by the well caving in on him, when about 15 or 20 feet deep. Mrs. Jerman, who was a relative of the writer, told the neighbors afterwards that Mr. Jerman dreaded for some reason to go down in the well to work on that particular morning, but was anxoius to complete the well and went down to work. The ground was very sandy and caved in. The alarm was given and the settlers gathered at the place and made heroic efforts to rescue the poor fellow alive, but were unable to do so. The tragedy created a great deal of excitement at the time. Mr. E. D. Shinkle, who is a resident of Maquoketa at this writing, was present at the funeral of Mr. Jerman, who was buried on his land about 200 ft from where he was killed, by the side of a little son, who had preceded him. About two years after Mr. Jerman's tragic death, his wife died and was buried by the side of the husband. The graves were fenced and the fence kept up for many years, but after a lapse of 40 or 50 years the land was sold and the sons moved away and the fence rotted down. The land where the graves were, was pastured and in time all marks that would have lead to the identity of the graves were obliterated. but in August, 1906, Joseph Jerman came back to visit relatives and take a look at the old place where he first saw the light in 1845 and learning the conditions of the grave of his parents and little brother, determined to try to recover their remains on the 23rd of August. He repaired to the spot with proper tools, for digging and with the aid of some of his relatives dis- covered the graves and recovered the bones and ashes of the dead, finding the black walnut coffins still holding together, after a period of considerably more than half a century. The child was buried about 1847 or 1848. the father in 1849 and the mother in 1851 or 1852. Mr. Jerman deposited the re- mains in the Esgate cemetery and will have them suitably marked while here.


Peter Jerman was one of the earliest pioneers of Jackson county. His name appearing on the records as early as 1838. At the time of his death he had one of the best improved farms in the Forks of the Maquoketa. He was a French Canadian and came to this locality with a French colony. among whom was his brother Oliver Jerman, Henry Jarrett, Charles Bilto, Charles Gadwaugh, Abram Daniels, a Mr. Fredrick, Mr. Bywaters and oth- ers whose names have escaped my memory. J. W. E.


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Address by Chas. Wyckoff at Old Settlers Meeting.


Mr. Chairman, Ladies and Gentlemen :


Permit me to thank the officers of this association for the honor confer- red upon me in extending to me this invitation to add my little mite.


It is sometimes very difficult to know what to say, and sometimes some little thing will happen that will take all the good things out of his speech and turn them against him that spoke. I well remember that on one occa- sion I had the wind, so to speak. all taken out of me. and for a short time regretted that I had spoken. Some will remember that at one time I made the attempt to preach, and for one year went to Lamotte and tried to preach in the Baptist church. Another fact that is well known in my neighborhood is that I am very popular among the children. Among them it is never Mr. Wcykoff, but, "How are you, Charley?", or, "Here comes the old strawberry man." from the time I leave my home until I return, and many of the old man's hard earned pennies go to keep their minds re- freshed.


At the time I speak of, some thirty-five years ago. I was younger than now and had a better opinion of myself than I have now. I had invited an- other preacher to go with me and till my appointments, one at Lamotte and one at Cottonville. As we approached Lamotte I took occasion to impress upon the mind of my brother preacher that he was about to visit a second garden of Eden telling him that the little town supported two churches, the M. E. and the Baptist, that there were two Sunday schools, that the men were all God-loving and church going, that the women were not only relig- jous but good looking, that the children all attended Sunday school and were well behaved. no vulgar or profane language was heard, and that the chil- dren all loved me and respected my high calling, and I took particular pains to impress upon his mind that this happy state of affairs was partly brought about by my personal efforts, and especially that my kindness to the chil- dren and example I had set with my familiarity with them had added large- ly in bringing about the happy state of affairs in the little town he was about to visit. As we were entering the town and I was pointing out to him the two churches, two boys were playing by the roadside. One of them jumped up and said "J -- C -- Joe, here comes Charley Weykoff." That old preacher turned around and gave me a look I shall not try to desrcibe, for at least at the time my feelings can be more easily be imagined than de- scribed.


As we were returning home the preacher took occasion to give me a cur- tain lecture. He said I was committing a sin by my kindness to children, was by my familiarity teaching them to disrespect the ministry. He said it was my duty to be reserved and dignified, and set them a Godly example.


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etc., and so on. Well, I am willing to admit that for a moment the expres- sion of the boy did not exactly suit, or in other words did not add force to what I was saying, but when I had time to think, I was pleased to know that boy did not manifest disrespect, but both joy and surprise, and that my preacher brother was mistaken, and while perhaps the language the boy used to express his feelings might not have been proper, it was at least for- cible; and right here, let me say, that preacher deserted his wife and chil- dren and skipped with another woman, and I have continued to mingle with children, whether right or wrong


But my friends, I had forgotten that I was requested to say something about the early settling of Van Buren township and have been taking up your time talking about myself. Now if the request had been to make a lit- tle political speech. I would have known how to commence: would have commenced to abuse the republican party and all of the candidates on their ticket, because it makes no difference what is said, as only the people who belong to the party that the speaker does will pay any attention to what is said. But when he is requested to give some historical facts, one should be sure of what he is talking about.


As far as I have been able to learn, John Jones, W. H. Vandeventer and Andrew Farley, Dennis Cotton, Wm. Latta, M. W. Tisdale, a Mr. Walk- er and Azariah Prusia, all settled in or near Van Buren township in 1837. In the spring of 1838, Samuel Durant, Ephraim Elsworth and Bartholomew Corwin, who were driven out of Canada during the Patriot war because they would not hurrah for the Queen. On the first day of September, my father, R. B. Wcykoff, crossed the river into Iowa and settled where I now live. In the spring of 1839 T. J. Pearce, D. F. Fletcher, and David Swaney came from Michigan and made settlement in the township, on land owned by some of their families. During the years from '37 to and including '40, there were at least fifteen families made settlement.




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