USA > Iowa > Guthrie County > Centennial history of Guthrie county, Iowa > Part 13
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A little over twenty years ago, a mail route was estab- lished through the county, and the citizens thought it a gigantic stride ( as it was) toward civilization; to-day we can read the morning's "daily," printed at the capital of the State, every morning at breakfast, while those of us: who live away from the railroad, can read it at dinner and at tea time.
NEWSPAPERS.
THE WESTERN PIONEER-DEMOCRATIC.
The Western Pioneer was the first newspaper published in. the county. It was established at Guthrie Centre, the first issue appearing January 15th, 1856; Wm. Tracy, editor and proprietor. It was printed in a log house 16x18 feet,. the same being occupied by a family of sixteen persons ..
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' The house stood half a mile west of town. After publish- ing the first number, Mr. Tracy purchased the frame of an old saw mill, moved it up to town, and converted it into a. a printing office, where he continued the publication of the Pioneer at odd intervals, for several months, after which it was published regularly as a weekly. It was so cold in the mill, they were obliged to heat the press-so the ink would work-by placing under it, a kettle of burning coals.
THE GUTHRIE SENTINEL-DEMOCRATIC.
The first number of this paper was issued January 25th, 1856, at Panora, by John E. Parrish, editor and proprietor. It was issued regularly, weekly; was a small sheet 13x20 inches. The first five issues (I was shown a file of the papers, which is still in Mr, Parrish's possession,) contain President Pierce's message, being continued from one num- ber to another.
In November, 1856, Mr. Parrish sold a half interest in the paper to B. F. Dilly. He then purchased of Wm. Tracy, the Western Pioneer and press. In the winter of 1857 he removed both presses to De Soto, Nebraska, where he pub- lished a paper called the Pilot. The " Sentinel " press was afterward removed to Harrison county, Iowa, and the ""Pioneer " press left at De Soto.
THE GUTHRIE COUNTY GAZETTE -- REPUBLICAN.
This paper was established at Guthrie Centre, in the spring of 1859, by J. B. Beesack, proprietor. In 1861 Stephen H. Springer took charge of the paper as editor and proprietor; at the expiration of one year he moved the ·office to Panora, where he continued the publication a short time, when he sold out to Mr. Beesack, who removed the " outfit" to Poweshiek county.
THE GUTHRIE COUNTY LEDGER-DEMOCRATIC.
In April, 1861, the Ledger was established at Panora, by V. M. Lahman. S. D. Nichols became a partner, but in a
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short time sold his interest to P. H. Lenon, who in turn .. sold back to V. M. Lahman. In 1864 D. M. Harris pur- chased the paper and continued its publication until the fall of 1866, when he removed the press to Missouri Valley, Iowa.
THE GUTHRIE COUNTY NEWS-REPUBLICAN.
In 1864 S. H. Springer established the News, having pur- chased the press and material at Council Bluffs. In 1865 Dr. E. B. Fenn became a partner. In 1866 they sold to A. F. Sperry and Frank Baker, who changed the name of the paper to The Guthrie Vedette. Sperry & Barker sold to G. W. Cambridge in 1867; and in 1868, Lew Apple, the present editor and proprietor, bought the press and paper.
THE GUTHRIE CENTRE JOURNAL-REPUBLICAN.
This paper was started in 1872, by S. H. Springer, who sold out in the fall of 1873. April 1Sth, 1874, F. A. Mann purchased the half interest in the Journal, owned by Henry Hess, and in conjunction with H. Kautzman, enlarged and changed the Journal to The Beacon Light, issuing the first number of the latter on the 21st of May, following.
In March, 1875, F. A. Mann purchased the interest owned in the paper by H. Kautzman, and is still its sole editor. and proprietor.
The paper is now Independent in politics.
THE STUART LOCOMOTIVE-REPUBLICAN.
The Locomotive was established in 1871, by H. O. Hall, who sold to Capt. Stuart in 1872. Chas. Morris edited the paper, the first year of Mr. Stuart's proprietorship, since which time J. J. Flynn has been its editor.
THE CASEY UNION-REPUBLICAN.
This was established in 1870, by E. M. Day. The paper changed hands several times, and finally, in 1872, Mr. Day .
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bought back a part of the type and material, and started The State Granger, which flourished only a short time.
THE CASEY CLARION-DEMOCRATIC.
Hartpence & Marshall, editors and proprietors, estab- lished this paper in 1872, and in June, 1874, sold to Thos. Boydston, who in turn, sold to Ham. Kautzman, the present editor, in December, 1875.
THE STUART REGISTER-INDEPENDENT.
This paper was removed to Stuart from Fontanelle, in October, 1875, by Col. Raney, editor and proprietor, and sold to Chas. R. Wright, in April, 1876.
CLUB LAW.
Every new settlement or community not under an organ- ized form of government, has its period of transition from first settlement, to a condition of law and order. Though our old settlers were, with very few exceptions, peaceable and honest men, yet. as men will differ in their opinions of right and wrong, it was thought best to follow the example of other counties in the State, and make laws whereby they might protect themselves against speculators and others, who might be disposed to dispute their claims.
As there are some who do not understand the laws gov- erning the first settlement of these lands, I will explain as explicitly as possible their main features.
The pre-emption Act, passed by Congress, for the benefit of those settling upon government lands, provided that the heads of families should each have the right to take one hundred and sixty acres of land, and by living upon it, the same should be exempt from entry for the period of twelve months from and after date of first settlement.
" Claim Laws " were enacted by the people for mutual protection, and gave to each head of a family the right to claim $20 acres of land. If a man wished to make a claim
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he was obliged to build him a habitation of some sort, usually of logs, or if accessible, rails, put up cob-house fashion, and stay in it one night. He could then file his intentions to make a claim, with the officers of the Club.
In order to retain his claim, the settler must not be absent at any one time to exceed six months; if he remained longer away his claim could be "jumped " by another, who wished to become a bona-fide resident.
It was expected by these claim holders that at the expi- ration of the pre-emption period, the land would be opened for entry, by the Government. However, before it was opened for entry, it was offered for sale to the highest bid- der; if any man failed to prove his pre-emption, another might bid over him. This, in most cases, would have been financial ruin, but the club prevented such disaster. The Government allowed the Claim-holder 160 acres, and the Club allowed him 320 acres, so it must defend his right to the other 160 until he could enter it; by which time it was expected he would have the requisite sum " saved up." It cost him about $1,00 to pre-empt; then he saved the entry price by pennies and dimes; dollars were scarce in those days. For a vault, some of them used an old stocking; others the little tin savings bank, usually possessed by the little ones of the household.
All claim-holders were members of the club, and they elected a committee of five, and adopted such rules and regulations as to them seemed necessary for their protec- tion. All violations of the rules were promptly reported to the committee, who at once called a meeting and notified the Clan of time and place of holding such meeting, and they turned out to a man.
The old settlers of Polk County organized a club in 1848, and the rules and regulations adopted by this organization were afterwards adopted by Dallas and Guthrie counties.
To the Hon. Thos. Mitchell, of Polk County, who was a member of the Club of that County, I am indebted for a copy of the following
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RESOLUTIONS :
1st. Resolved, That we will protect all persons who do, or may hold claims, against the interference of any person or persons who shall attempt to deprive such claim holders of their claims and improvements by pre-emption, or oth- erwise.
2nd. Resolved, That we will, in all cases, discountenance the speculator, or other person, who shall thus attempt any innovation upon the homes of the rightful settlers; that we will not hold fellowship with such person, and that he be regarded as a nuisance in the community.
3rd. Resolved, That no person shall be allowed to pre- empt, or purchase in any form from Government, any land, which shall be held as a claim, unless he shall first obtain the consent of the claimant.
4th. Resolved, That the filing of an intention to pre- empt any claim, contrary to the rights of the settler, or claimant, be regarded as an attempt, wrongfully, to deprive the citizen of his home and his claim.
5th. Resolved, That a committee of five be appointed, and that it shall be their duty to inquire into and adjust all difficulties and contentions in cases where claims are in dispute.
6th. Resolved, That it shall be the duty of said committee to notify any person who shall pre-empt, or attempt to do so by filing his intention to pre-empt the claim of any other person, to leave the vicinity and country, and that they have authority to enforce, a compliance with said notice.
7th. Resolved, That we will sustain and uphold said committee in decisions, and in the discharge of all their du- ties, as defined in the foregoing resolutions.
Sth. Resolved, That all persons be invited to sign the foregoing resolutions, and that the signers pledge them- selves to be governed by the same, and to aid in sustaining the same.
The above resolutions, as before stated, were adopted by the Guthrie County Club.
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HISTORY OF GUTHRIE COUNTY.
There were very few cases in this county where complaint was made to the committee, for as a general thing, the rules of the Club were better observed by the pioneers than were Legislative Enactments.
When it became necessary for the committee to use very stringent measures in adjusting disputes, it was called, "Raising the Club."
One instance is related by old settlers in which the Club was raised in a very peaceable manner, or rather in which shrewd measures were taken to avoid the necessity of rais- ing the Club. When the auction sale of land took place at Des Moines, there were two or three speculators awaiting a chance to bid on some choice land in Guthrie, that was " claimed." To prevent this, members of the Club invited them to take a ride down below the Fort, which invitation they accepted, and were kept there until the sale closed.
The land in this part of the State was surveyed in 1850, and opened for entry in 1851.
On the 30th day of June, 1851, William B. Cave entered the N. E. ¿ of the N. E. { of Sec. 13, and S. E. { of the N. E. ¿ , and the E. ¿ of the S. E. { of Sec. 12, all in township 78 north, Range 30 west, 5th P. M. This was the first land entered in Guthrie County.
The second entry was made by one Samuel Carpenter, a soldier of the war of 1812; who laid an 80 acre warrant on lots 7 and 10, Sec. 2, T. 78, R. 30.
Some of the first settlers, at times had considerable anx- iety with regard to their lands, and it required some watch- ing to guard them. Among those who settle any new coun- try, there is always found a class who come for a time, " squat " on, or even enter a piece of land and exist-usu- ally by trapping and hunting-until the march of civiliza- tion drives them further west; of course Guthrie county had a few of this class, among whom was one Ingraham who had bought 40 acres of land, near Guthrie Centre. Next to him was a very fine piece, which he coveted, but the land being entered by a non-resident, and he not having
11
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the wherewith to purchase, thought he would obtain the same by strategy. He removed the corner stakes, carried them down near Panora and exchanged them for another set; that is, he put the stakes he had removed from the cov - eted piece, in the place of those belonging to another, which had not been entered, and vice versa, thinking thus to keep purchasers away until he had saved up money enough to buy the land; but he "counted without his host." Mr. E. B. Newton, who knew the "run" of the sections, discovered the fraud, and Ingraham was compelled to " change back," after which he left for parts unknown.
Another story is told of one Rosecrans, who, when he wished to enter a certain tract of land in the eastern part of the county, and not being able to read the numbers, pulled up a corner stake, and taking it under his arm, walked to Des Moines, and marched boldly into the Land Office, ex- plaining to the Agent that he "wanted the land where that stake belonged." The Agent explained to him the nature and penalty of his act, but in pity to his ignorance, prom- ised not to have him punished, if he would carry back the stake and put it where it belonged. Glad to escape so eas- ily, but trembling at the thought of coming so near the Penitentiary, he did not let grass grow under his feet, in re- placing that stake.
This is the same man of whom Mr. E. B. N. afterward purchased a farm, or rather a piece of land. Mr. R. told him to come down on a certain day, and they would go to the "Squires " and have a deed made out, and they would sign it. "Now look a here, ole man," interposed his wife, " wa'ts the use a foolin Mr. N. down here ? I won't sign the deed; you know I wont." "Yes you will, by G-d; you know you will," roughly replied the husband. At the ap- pointed time all parties put in an appearance at the office of the justice-said office being a little cabin, of course -- and Mrs. R. still insisted that she would not sign the deed. The justice remarked that she was evidently there for some purpose, and it seemed to him it would be just as well to
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HISTORY OF GUTHRIE COUNTY.
sign it at once, if she was going to do so. " Well, I'll not sign it without a new dress any how," was the diplomatic reply. Upon being promised the dress, she was quite will- ing to " make her mark."
JUDGES, COURTS, ETC.
Guthrie county is in the Forty-ninth Senatorial, the thirty-ninth Representative, the Seventh Congressional and the Fifth Judicial District. It is also in the Second Circuit of the Fifth Judicial District.
Previous to its organization, Guthrie county was attached to Dallas, for Judicial and Revenue purposes. In 1853 she was added to the Sixth Judicial District, of which James Sloan was elected Judge, in 1851; he resigned in 1852, and Allen A. Bradford appointed to fill the vacancy. The latter was elected in 1853, and resigned in 1855, when E. H. Sears was appointed. In 1856 the boundaries of the district were changed, and C. J. McFarland elected Judge.
In 1858 the boundaries of the district were again changed and:
J. H. Gray elected October 12, 1858.
J. H. Gray elected October 14, 1862.
Died October 14, 1865, and C. C. Nourse appointed Octo- ber 16, 1865; qualified October 20; resigned August 1, 1866, and H. W. Maxwell appointed to fill vacancy August 1st.
H. W. Maxwell elected August 9, 1866.
H. W. Maxwell re-elected October 11, 1870.
John Leonard elected October 13, 1874.
CIRCUIT JUDGES.
F. W. Mott was elected in 1868.
John Mitchell was elected in 1872.
John Mitchell was nominated, and will, in all probability, be elected in 1876.
The first District Court held in the county was in Septem- ber, 1803, Judge A. A. Bradford presiding; clerk, S. G.
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HISTORY OF GUTHRIE COUNTY.
Weeks; sheriff, J. W. Cummins. It was held in the Rob- berts House, then belonging to Judge Bryan, though unfin- ished and unoccupied. When the Judge arrived, the County Judge was absent, the sheriff and the clerk were at home, eight or ten miles from Panora, not aware that there would be court. The Judge sent for them, and a jury was called consisting of Richard Gilbert, Asa Cox, Alexander Wasson and Joseph Ricks, the only ones that answered to the call. Two or three defaults were taken and one case tried, that of Dr. Gaff, of Winterset, against A. Moore for professional services. After the case went to the jury, it was compromised by the parties. This was the first law suit in the county, having been previously tried before Justice Hougham; M. L. McPherson for the plaintiff, and Fred Fry for defendant; verdict for the plaintiff. The case was appealed with the above result. At the trial be- fore the justice, several of the jurors were citizens of Dallas county.
At the trial before the District Judge, his Honor paid the witness fees.
Judge Bradford's home was in Sidney, Fremont county ; the district then was bounded on the east by a line run- ning east of Dallas county, on the south by the State line, and on the west by the Missouri river. When the Judge came, he drove a mule team and carried his rations with him. He stopped on the prairie, " staked " his mules, ate his lunch, and went up to hold court; while thus engaged, the cattle mutilated his harness to such an extent, as to make it necessary to supply missing parts with rope.
The next term of the District Court was held in the spring of 1854, at which time the first grand and petit juries were impanneled. The Judge-Bradford-" swore " them upon the bible, compelling every grand juryman to kiss the same.
The first criminal prosecution was that of William Rhoades and Noah Trogler, for larceny. At a preliminary
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HISTORY OF GUTHRIE COUNTY.
examination before Justice N. Maynard, of Cass township, Rhoades gave bail, but Trogler being unable to do so, was committed to jail in Polk county.
(I have before me the receipt given to our sheriff, by the sheriff of Polk county, upon his becoming the custodian of our prisoner. It bears no date, and runs as follows, verba- tim et literatim :
"Received of the Sheriff of Guthrie county Iowa the boddy of Noah Trogler, upon an order of Nathan Maner Justice of the Peace, in and for Guthrie county Iowa to detain said Trogler in the jail of Polk county Iowa.
FT. DES MOINES, POLK COUNTY, IOWA.
W. H. McHENRY, Sheriff Polk County, Iowa."
The above bears no date, but was given in January, 1854. This sheriff is at present a resident of Des Moines.
At the trial of the above case, Trogler had no counsel, and the court appointed M. L. McPherson to defend him, which he did by quashing the indictment, which charged him of robbing the store of one Edward Serry; whereas, Edward Serry was only the clerk, the store belonging to one Baker .- The indictment was drawn up by an attorney from Council Bluffs, named Pierce. As soon as Trogler was liberated, McPherson took him aside and informed him he was " a poor devil" and advised him to " git," which sage advice he took without hesitation. He died shortly after, on the Des Moines river.
Rhoades took a change of venne to Cass county.
The county paid McPherson ten dollars for defending Trogler, which was the first attorney's fee ever paid.
The above term was held in the school house. A'n amus- ing incident of this term of court, may interest some of our friends on Beaver. Three old settlers came to see what was going on. It rained very hard as they came into town, and they rode at a break-neck speed, Sheriff Cummins came
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HISTORY OF GUTHRIE COUNTY.
to the door and called their names-wishing them to' serve as jurors ;- being unaccustomed to such matters, they sup- posed they were going to be punished "for running their horses;" one of them hid behind the school-house, while the others went in, trembling with affright. The judge could not articulate distinctly, owing to the effects of a pommel- ing he had received at the hands of some land owners, or squatters in Fremont county, where he dealt in real estate.
As he could not make himself understood by words, he pointed to the prisoner, when one of the men, (now one of our prominent citizens,) who had been called up to be sworn as a juror, but supposed he was being examined as a wit- ness, called out, "I don't know him; I never saw him; I don't know a thing about it."
The first " trial by jury," was had at this term, being a claim for damages, by M. H. Craig, plaintiff, Griffin Jack- son, defendant.
The claim was made in consequence of the shooting, by Jackson's son, of a mare belonging to plaintiff. The wit- nesses were examined, the attornrys argued the case pro and con in elaborate speeches; the judge charged the jury in as able a manner as his " sore jaw " would permit. The jury retired to deliberate and were much chagrined to find upon count, that there were only eleven of them, in conse- quence of which, the jury was discharged by the court.
Judge Bradford held another term of court in the fall of 1854.
He was very unpopular as a judge; was self-willed and overbearing. On account of the "land trouble " spoken of, he resigned his position and removed to Nebraska, where his pugilistic proclivities again got him into trouble, and he was shot by a member of the "club," whom he was supposed to have defrauded.
The man was arrested in Nebraska, and taken to Fre- mont county, Iowa, for trial, but for some reason, a change of venue was taken to Guthrie county. The term came on and the prisoner filed his affidavit for change of venue, be-
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cause, as the petition stated, "the people of Guthrie county are too moral to try a case of this character and mag- nitude."
In 1855 there were two terms of court held by Judge E. H. Sears, also of Fremont county, who was a gentleman of fine appearance and agreeable manners; presided with dig- nity, and was esteemed by all who knew him.
The first records now in the county, are of the April term of 1855, those prior to that time, if any existed, were probably destroyed in 1855, when E. Serry, the clerk, blew out his candle and his eye with the same breath.
In the spring of 1856, Judge J. C. McFarland-the noto- rious-held his first term of court in our county. The liquor question seems to have been a very important one, under his regime.
His first charge to the grand jury was some thing like this: "Gentlemen; we have in Iowa, a prohibitory liquor law, and that law must be obeyed. Some talk of the un- constitutionality of this law; if it is unconstitutional, that's none of your business. If you know of any man in the county who sells without license, indict him and I'll fine him like the devil."
At this time one Daggart kept a saloon in Panora and was indicted by the grand jury, for keeping a nuisance. When McFarland came, in September, to hold court, he, in company with the grand jury, were passing this saloon, when one of them jokingly asked: "Judge, can't you treat us?" "Yes; certainly;" and stepping to the door, he com- manded Mr. Daggart to "let this jury have all they want to drink and charge it to me." He and two or three jury- men went in and drank.
Shaking his finger at the saloon-keeper, he " encourag- ingly " remarked: "Daggart, if you ever ask me to pay for this, I'll have you indicted, d-n you." Daggart, then under indictment, thought to make his fine lighter by toady- ing to the Court.
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HISTORY OF GUTHRIE COUNTY.
Imagine his surprise then, when, after hearing the case and the verdict of the jury, the judge said: "Mr. Clerk, you will enter a fine of $50 and costs." Seeing a look of reproach upon Daggart's face, he pointed his finger at him, and with a face and voice full of scorn said: "You have violated the law and must abide the penalty. The Court understands herself, and if,-as I said before,-she does some times drink a little, that's none of your business." Previous to this, at the same term, he had fined a man ten dollars for drunkness, and in his charge to the jury, among other things, said: "Every man should be punished for this crime, (drunkness.) The Court herself some times gets a little tight, but you nor the grand jury bas any thing to do with that; that is not within your jurisdiction. You will therefore " (he had given his reasons for believing the man drunk) "render a verdict of guilty."
A man by the name of Wood, who, by the way, was the first white child born in Keokuk, but was then living in Des Moines, used to come up to Panora with the Judge, pick up a case when he could, or in the absence of the District- Attorney, act in his stead. He went by the euphonious sobriquet of "Old Timber." The judge and he were good friends, but in his gruff way, especially when intoxicated, (and that was not infrequently) His Honor, handled him a little roughly.
Upon one occasion a petition for judgment on a note of hand, came up for hearing and Timber demurred. In a very peremptory manner, the judge overruled the demurrer; said he: "Timber, sit down; I overrule the demurrer." Mr. Wood looked up in amazement, when he again shouted, " Timber, sit down, d -- n you! or I'll fine you for contempt." After adjournment Mr. Wood sought an explanation of the Court's treatment. "Why, confound you, if you'd demurred against the note and not against the petition, I'd knock the whole thing out of court for you."
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