Annals of Jackson county, Iowa, Vol 1-6, Part 34

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 34


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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The principal burying ground of the Indians was the Sand Ridge in the forks, now the village of Hurstville, and Mr. Wilson says that when he first saw it there were many dead, but not all buried, some were rolled in blankets or skins of animals and laid on the ground, and a pen made of saplings built around them; others were leaned up against a tree, and I have heard that all those who died of smallpox were covered up in the sand. Mr. Wilson saw one Indian in an enclosure who had been especially honored by having his gun and a whiskey bottle left by his side. At one time there was a large Indian camp near the Hawkins Ford, about one mile above the present village of Hurstville. The smallpox broke out in this band and almost wiped out the entire village. It was told that when the fever was highest the patient was taken to a slough near by and ducked, with the re- sult that the treatment either killed or cured, the former resulted the often- est. The writer often fished in the old slough in the fifties nad carried home many strings of bass, bullheads and sun fish. One of the most interesing relics or land marks left by the Indians in this locality, and which all traces of has now disappeared, was an Indian dancing ground as it was call- ed by the early settlers. The dance floor was a smooth level surface enclosed by a circle of cedars that has been planted with great precision at least, fifty, if not one hundred years before the first, white settler arrived in the locality. The trees in 1854, when the writer first saw them, were as large as telephone poles. The dance ground was from 50 to 75 feet in diameter and was enveloped on three sides by a slough, and on the other a dense growth of brush concealed it from view. An old path leading from a point where the road turned to the river at the Hawkins Ford disclosed the only entrance to this spot where dusky men and maids had danced to the music of the tomtom for ages. The exact location of this historic place as near as the writer is now enabled to locate it, as it is in a corn field on land owned by Hon. A. Hurst, is in the northwest quarter of section 12 in South Fork township. The Hawkins Ford was so called for the reason that an old Mor- mon by the name of Hawkins was the first white settler there, and lived with his family in a cabin near the ford, which was on the road traveled by the people from our neighborhood when going to Andrew or Bellevue, in the days before there were any bridges over the North Fork. In 1854 I think the land where the ford was, belonged to J. C. Wood, and I know that Nathaniel Woods owned and occupied the land now known as the Fitch farm in section 1, South Fork township. A Mr. Pangborn. first name I think was Eligah, a brother of Jason Pangborn, who helped to build Ma- quoketa, lived between Nathaniel Woods' place and the river, in same sec- tion, and Frank Hunting owned and occupied the land now known as the J. D. Scholl place in same section. The road have been changed since 1854 and there is no longer a river road, and the river bed has been changed so that there is no water where the once well known Hawkins Ford was locat- ed.


E. D. Shinkle. one of the oldest pioneers of this locality, who still resides in Maquoketa, says that some time during the adminstration of Ansel Briggs as governor, there was a little village of Indians, numbering at least 500, mostly sqaws, children and old men on the North Fork, about one mile


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- from his father's cabin; these Indians had been brought there for safety while the fighting portion of the tribe was on the war path against some other tribe. But these Indians annoyed the white settlers so much that they appealed to Governor Briggs, whose home was at Andrew, three miles from the Indian camp, to have the Indians removed and the governor-caus- ed them to move on. The writer has lived for more than half a century within one and one-half miles of the old dance ground which must have been a favorite gathering place for Black Hawk's warriors and half a mile from the burying place where so many of the tribe was left and has collect- ed thousands of implements once used by the Indians in this locality, in- cluding pottery, stone spears and arrow heads, stone and steel tomahawks, stone pipes and war clubs, teepee hammers and ceremonial stones. Of the old burying ground where fifty years ago there were hundreds of graves or skeletons, I do not believe a bone could be found now. The skulls were car- ried away by relic hunters, and the bones plowed under and made to fertil- ize the ground. There are still several mounds in this locality that have never been opened which might possibly yield up valuable relics of a by gone race. In the southeast quarter of section 11, half a mile from the home of the writer, there are three mounds whose description might be of inter- est to Archeologists. 'The three are on a line running east and west and half a mile west of the Hurstville lime works. The first one on the east is 20 feet in diameter, circular in form and three feet high. The next one west is 20 feet wide by 100 feet long and three feet high, and the last one is exactly like the first described. Half a mile west of these mounds there were formerly three similar mounds and still further west in a straight line there were still others. From the location of these mounds. and the fact they were all similar in form and in almost a straight line running from the north to the south fork of the Maquoketa river, I have always believed they were made to mark a boundary line There are other mounds south of the South Fork, one of which was partially opened se, eral years ago, and char- coal and pieces of pottery and arrowheads were found as far as the excava- tion went There are also very well defined mounds in Butler township near Moses McDonald's farm, that have never been dug into. There is a small cave or hole in the rocks in Hon. A. Hurst's lime stone quarry, where piece of Indian pottery flint arrow heads and charcoal and ashes have been found. Mr. Hurst informed me recently that there was a mound still standing uudisturbed in the old Indian burying ground on his land.


The writer has contemplated for many years, a time when he would re- pair to these ancient land marks and excavate and exhume whatever of rel- ics or other matter deposited here by those whose existence seems but a dream now. It does not appear strange to those who remember the beauti- ful between the forks of the Maquoketa as it was fifty years ago, that the Indians were loth to leave their old hunting grounds. Deer and wild turk- eys abounded in the forest and the streams actually teemed with choice tish. Honey could be bad in any quantity by cutting the trees and taking it out and all the sweetness needed by extracting it from the sugar maple which grew every where. It was indeed such a paradise for the Red men as they could never hope to find again in this world.


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Biographical Sketch of Dr. M. J. Belden.


(Written by Dr. A. B. Bowen for the Jackson County Historical Society )


The subject of this biographical sketch, M. J. Belden, M. D., was born in Steuben county, N. Y., A. D., 1831, and located in the litle inland town of Canton, Iowa, in 1855, after exercising all the patience and self reliance that is usual for medical students to bring to bear in the accomplishment of their object and the consumation of their cherished hopes. But the courage and fortitude required to sever the ties of home and embark on his life's mission, the practice of his chosen profession, in the wilderness of the west, on the contines of civilization, requires a firmness of purpose and a spirit of philanthrophy that surmounts obstacles and breaks down barriers that would discourage one of less firmly fixed purposes.


The little hamlet known by the name of Canton fifty years ago, nest- ling in the big timber of the forks of the Maquoketa, had few allure- ments for one who had learned the ways of the world in the more advanced civiliaztion and the more refined social lite of Steuben county, N. Y. But the subject of our sketch evidently did not contemplate reclining upon the lap of luxury and ease, but rather to court fame and fortune from the rugged resources of nature. It would seem that the conditions around Canton were not altogether congenial to his tastes, for he resolved to ex-


plore and prospect the country westward and in 1858 he journeyed across the state on horseback, as he once informed me, to acquaint himself with conditions, and perhaps find a spot that offered greated inducements to his tastes and inlcinations than his first stopping place afforded. But he was not favorably impressed with the broad and timberless Iowa prairies and re- turned to his "first love" and cast his destinies in the primeval forests that shaded the Maquoketa.


In 1862 Dr. Belden married one of Canton's fair daughters, Miss Cecelia Atkinson, and together they achieved success and carved fame and fortune from this rugged field of action. Here for over 40 years he responded to the calls of those who appreciated his services, and were through the vicis- situdes of the varying seasons he was ever a welcome guest at the comforta- ble home of the thrifty farmer or the lonely cabin of the pioneer. His ser- vices were not sought in vain, for he was ever on the alert to respond to the call of those in suffering and distress. His midnight rides through the gloomy forest that skirted his town of Canton sometimes startled the wild deer from its lurking place, and sometimes these lonely trips at unreasona- ble hours were serenaded by the howl of the wolf if not by the fierce scream of the catamount. The practitioner of medicine in an isolated field like Can-


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ton learns to be more self-reliant than he who finds himself located in a more attractive field of labor where doctors by the dozen or score, perhaps, share the honors of the surrounding advantages, while they expect to divide the responsibilities that none are exempt from. But the physician in the remote field has not a brother practitioner at his elbow to call in consultation at the ever approaching crisis, but in his gladatorial encounter with the grim mes- senger he learns to be self reliant and resourceful, and thus through force of necessity becomes a stronger and abler practitioner. But the time came, as it comes to all "When wasting age and weary strife had sapped the leaning walls of life." In 1898 a stroke of paralysis prostrated his iron constitution and compelled the relinquishment of practice, much to the regret of a large number of patients and patrons. It was my mission to see him during this crisis in his life, and I remember well the philosophy with which he met - this trial. A temporary rally of his vital forces enabled him to abandon the scenes of his trials and triumphs and locate in Maquoketa where he died in October, 1902. aged 71 years, leaving a wife and one daughter who mourn the loss of a kind husband and father. Dr. Belden took a lively interest in the Jackson Co. Medical Society, although his attendance upon its meet- ings required a drive of some forty miles, notwithstanding this hardship he occasionally honored us with his presence and participated in the discussions and read papers on scientific subjects. A. B. BOWEN.


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When Hubbard Was Holding Court. or Court Martial. Down in Jackson. 1 1/29:411


Written by Hon William Graham for the Jackson County Historical Society.


The March term of the District Court in 1866 was held by the late Judge N. M. Hubbard of Linn county. He had just been appointed to fill a vacancy caused by the resignation of Judge C. H Conklin, and having a number of cases in which he had been employed as counsel. arranged with Judge Richman that they exchange; Richman going to Marion to hold court there, and Hubbard holding the court in Andrew. I doubt if any circus which ever exhibited in Iowa afforded more amusement than the time when, to use an' epxression of Col. Clark of Cedar Rapids who, was admitted to the Bar on examination at that term, "Hubbard was holding court, or court martial, down in Jackson."


He had driven from his home in Marion, and as the roads were muddy it was 4:55 o'clock P. M., when he reached the old stone Court house and the only persons present, were Ed. Holmes the Clerk, and Scott Belden the Sheriff, who had come in to adjourn court as the law required at the stroke of five o'clock, and myself; and it so happened that I was the only person at court who had any previous acquaintance with the new judge. I suggested that all the other members of the Bar had gone to their homes or boarding houses, expecting that nothing would be done un- til the next day. But these suggestions did not meet with favor, and he ordered court opened and called the docket through from beginning to end with us three only present. and then adjourned to eight o'clock next morn- ing. At the moment the Judge took his seat and commenced calling for business. The other lawyers who did not know of his arrival had taken it for granted that court could not open before nine o'clock, and came strag- ling in to find to their surprise the court already in session. and out of hu- mor at not being able to get a jury case taken up and, after an hour or so spent fruitlessly, were treate to a lecture from the Bench such as they had never heard before, and since the close of that term has never been heard again but they heard it repeated several times within the next forty- eight hours.


Lyman A. Ellis was then District Attorney, and it had been the cus- tom during the administrations of Judges Dillon and Richman for the Dis- trict Attorney to take the Grand Jury the first two days of court. and then take up the criminal cases for trial. But Judge Hubbard would have none of that. In Catteraugus county where he came from the State cases had precedence, and the District Attorney came in for more than his full share


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of censure .! "Mr.hDistrict Attorney; the court is unable to make any i pros gress in the administration of justice, and it is all your fault. There are at least thirty criminal causes on the docket that ought to have been tried atonce on the opening of the court, and you are not ready in any of them. We havea Grand Jury and Petit Jury, and at least a hundred witnesses are waitingh Gentlemen who have litigation pending are detained away from their business, and we are unable to make any progress, and it is costing Jackson county at least $300 a day every day when court is in session. It is all: your fault, and the people ought to hold you responsible for it when election comes." The poor District Attorney tried to urge the custom of the resident judges, but the court wouldn't listen to it. "That was the way they did business where he came from, " and all Lyman could do was to take his medicine, and hear the court "jack him up" every session both morning and afternoon.


ti But the District Attorney's opportunity to get even came sooner than he expected The first case in which a jury was empannelled was one which I brought for a woman against her landlord for an assault and battery. Judge William E. Leffingwell had agreed to assist me, and Judge Darling' appeared for the defence. Judge Hubbard got greatly interested in the case, a d I remember his standing up at the end of the bench nearest the jury with a look of the intensest sneering scorn that I never saw the equal of on the face of any one else, and when Judge Darling made some objec- tion to the testimony I was offering, he burst out with "Mr. Darling you don't want to give the court any excuse for telling the jury his opinion of your client." The objection was withdrawn, and we closed the testimony just as court adjourned for supper, having agreed to sum up the case in the evening.


b :... When court reconvened I opened the case for the plaintiff. It had got noised around town that Leflingwell and Darling were to argue the case, and the Court room was packed. When I closed after a half hour talk to the jury, Darling surprised the court by saying, "We submit the case with- out argument," thus shutting out Leffingwell who he knew was "loaded


. for bear." The court had not written a word to his charge, having intend- ed to do that while these gladiators were having their innings. He drop- ped into his seat and seizing a pen and a sheet of paper began writing furi- ously. A dead silence fell on the Court room in which the scratching of the judge's pen could be plainly heard. After about ten minutes Ellis arose, his hands making futile efforts to pull his cuffs further down over them, and occasionally caressing the little tuft of whiskes under his chin, which a Dubquue newspaper man said "made him look like a twin brother of Uncle Sam," commenced in his falsetto voice, "Your honor. I would like to inquire what is the reason of this delay in the administration of justice? We lost a day in the opening of the court. There is a Grand Jury waiting and a Petit jury also. Gentlemen interested in litigation pending in this court are detained away from their business. I have some thirty criminal cases that I am anxious to try, and there are not less than a hun- dred witnesses in attendance, and we are unable to make any progress.


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and it is costing Jackosn county not less than $300 every day we hold court, I would like to know the reason so that it may go before the people be- fore election time."


From the time Ellis began the two men looked steadily into each others eyes, and both comprehended the ludicrousness of the situation, but the countenance of each was as impassive as that of a wooden In- dian, but at the close Judge Hubbard pointing his pen at the District Attorney merely said: "Very good, Mr. Ellis, very good, very good in- deed, Sir," and fell to writing again, but there was no more howling for business for the rest of the term.


Among the indicted parties were several charged with illegal sales of intoxicating liquor. Two of them were advised by Judge Kelso to plead guilty, and he interceded with the court for the imposition of a light tine. The Judge read them such a lecture as neither they, or any one else ever heard. Every sentence cut like a whip lash. He told them that he had infinitely more respect for a horse thief than for them, and the poor Ger- mans as they stood overwhelmed and cowering under his denunciation evi- dently thought that if they escaped with imprisonment for life they would be fortunate. They abjectly promised that they would never handle a beer mug again, and could scarcely believe their counsel when he told them that their extent of their punishment was a fine of twenty-five dollars. At hear- ing their sentence another of the indicted ones thought that he could stand the abuse if he could get off with a twenty-five dollar fine, and promptly walked up and pleaded guilty. The Judge eyed him a moment, and re- marked that he had taken Judge Kelso's conscience as the measure of the thor fellows punishment, but now he would follow his own, and socked the h a tine of $250, saying f he were in his own district it would be ulice times as much. There were no more pleas of guilty while "Hubbard was holding court, or court martial, down in Jackson."


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Killing Michael Reating in 1859.


(Written by J. W. Ellis for the Jackson County Historical Society.)


On the morning of the 11th day of September, 1859, the steamer Pem bino pulled up at the Golding wood yard between Sabula and Bellevue, to take on a supply of wood. While the deck hands were carrying the wood on the boat, the Second Mate, Calvin C. Edgar, objected to the way one of the hands, Michael Reating, carried the wood. Reating, as it appeared after- wards, had a weak chest and could not carry wood in his arms, but instead placed it on his shoulder. The Mate ordered him to grab up the wood in his arms and go. Reating insisted that he could carry as much wood as the others and carry it in his own way.


While Reating was picking up a load the Mate kicked him and told him ne would have it carried as he wanted it done. Reating said, "I want no man to kick me," and after throwing down his load on the boat repeated, "I want no man to kick me." While he was stooped over picking up an- other load, the Mate according to several witnesses, picked up a stick of wood in both hands and struck Reating across the chest. Reating dropped the wood and clinched the Mate, but the blow seemed to have weakened him. The Mate knocked him down and kicked him, and Reating lay there on his face until turned over by another deck hand who said that he was frothing at the mouth, and had the death rattle in his throat. The Captain ordered four men to carry Reating onto the boat where he ceased to breathe in three or four minutes.


The boat landed at Sabula and an inquest was held over the body on board the boat by Justice Morris S. Allen, acting as Coroner, there being no Coroner. The jurors were C. F. Fairbanks, J. Johnston and O. H. Risley. The verdict of the jury was that deceased came to his death from blows from a stick of wood in the hands of Calvin C. Edgar, Second Mate of the steamboat Pembino. The post mortem showed that the left lung of Reat- ing was ruptured, and that the whole cavity of the chest on that side was filled with blood. The Mate was indicted at the December term of court by the grand jury of Jackson county, of which Shepherd Cavin was foreman, and Henry O'Connor was district attorney. The case came up for trial at the April term of court, and a jury was empannelled, composed of men with whom the writer in most part was very intimately acquainted, and in whom he would have implicit confidence, but who after hearing the evidence and argument of the ablest counsel the country could produce at that time, found the defendant not guilty.


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The McArdle Murder.


(Compiled for the Jackson County Historical Society by J. W. Ellis, Ourator )


One of the most brutal and revolting murders which it has been our lot to write of, was committed in Prairie Creek township, Dubuque county, on the evening of the 12th day of February, 1864.


Patrick McArdle, wife and three grown up sons lived in Prairie Creek township, some 18 or 20 miles southwest of Dubuque, and according to evi- dence of neighbors, had lived there since 1848 The old man reasonably well off, had 200 acres of land, but the home life was unpleasant. The old man told some of the neighbors that he believed the old woman and boys would kill him. They frequently beat him.' On one occasion it came out in evi- dence that Patrick, Jr. beat his father terribly and would have killed him if one of the others boys had not interfered.


On the evening of February 12th, Mrs. McArdle claimed that the three boys had gone to a debate at a school house in the neighborhood. and that shortly after the boys left two drunken men came and called for whiskey which the old man refused them. This she heard from the outside and went into the house and found the old man down and went to him to protect him at the same time telling the men they could have all the whiskey they wanted. She said the men threw her out of the house and she went to Col- lins, the nearest neighbors, and told Collins her story and asked Collins to go to the school house for the boys, which, he, Collins did, going on horse- back, and calling the boys out told them what their mother had told him. The boys went home and got some of the neighbors to go. When the neigh- bors came they found the house dark. A candle was procured and lighted, and on going upstairs the old man McArdle was found lying on the floor dead with many wounds about his head and face, and brains oozing from his skull and pools of blood on the floor, and blood on the stove wood in lower story where it had leaked through.


An inquest was held and the verdict of the Coroner's jury was that de- ceased was killed by parties to them unknown. But a day or two later Mrs. McArdle confessed to having killed the old man, although it was believed the sons were also guilty. Mrs. Catherine McArdle and the three sons were held for the murder but at an examination before Judge Stephen S. Hem- stead on the 23rd, 24th and 25th of the same month, James and John Mc- Ardle were released from custody and Catherine and Patrick Jr. were held. Mrs. McArdle took a change of venue to Jackson county, but Patrick took his chances with his neighbors and was tried in Dubuque county, his moth-




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