USA > Iowa > Chickasaw County > Historical and reminiscences of Chickasaw County, Iowa > Part 10
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Ezra Hewitt lived on the northwest quar- ter of section one, and Benoni Cotant, J. B. Cotant and Charles Cotant lived on section three, township ninety-five, range thirteen. In the summer of 1S5S Samuel Cotant built a small building upon the ground now occu- pied by the First National Bank. for a store. The frame was blown down twice while he was building it. He started the second store in New Hampton. Gurley had brought his old partnership sign from Hartford, Conn., but had not cut off his partner's name, and there was no sign in town except my law sign. I proceeded to paint a sign for Cotant. The
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board was prepared and a coat of white put on, but there was no brush with which to paint the letters. Going to Gurley's hog pen, I pulled enough bristles out of his hogs' backs to fill a goose quill, and drawing them into the quill thus improvised a brush, with which I painted the first business sign erected in New . Hampton. It only contained the name "S. COTANT," and the letters were heavy block letters. We did not aspire to flourishes.
McCullow came to New Hampton in 1859 and formed a co-partnership with Cotant, and for many years the firm of "Cotant & McCullow" did business in the town. They both served as postmasters during the time of their co-partnership. Gurley cut off the partnership part of his imported sign, and thus presented the first gold-leaf sign erected in the county. . .
About this time gold was discovered in the ravine south of town, and there was a general rush with milk pans to pan out the precious metal. Everyone could get "color," but it proved to be so thin scale gold that it could not be made profitable. After it was found to worthless for mining, someone put in a quantity of brass filings and wonderful
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results were shown outsiders who came to see the new gold mine.
During the county seat disturbance prac- tical jokes were not uncommon and turned up at the most unexpected times. As arrests were common. no one knew but what he would be the next man in limbo. At a meeting of the northern men at New Hamp- ton, to discuss the county seat matters, a large number were present form Chickasaw. and among the number was Fox. After talking over the arrests that had been made and the probability of the next arrest, it was hinted that the probability was that Fox would be the next victim, from what had been dropped by the Forest City side. About this time, Wm. Tucker and "Bro." Whit- more disappeared from the meeting, and Whitmore went to the house of David Edwards and disguised himself, and when disguised, went out and secreted himself on the prairie. In a few minutes Tucker rushed into the room where the meeting was · held, and claimed to have seen the Sheriff sneaking up behind a rock on the prairie. Fox at once rushed out to see what there was of truth in the report. Just as he passed around the corner of the house, Whitmore
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raised his head in sight. This was enough to confirm the report. and the credulous Fox rushed back into the house, and pulling off his boots, started for Chickasaw. As he looked back, he could see the supposed Sher- iff running around the house, as if in search for him. This accelerated his movements, and much excited, he run all the way to Chickasaw. starting in his stocking feet and reaching there barefooted, having worn out bis stockings in his flight.
At the fall election of IS5S C. O. Case was nominated by the northern party for Clerk, and T. G. Staples for the south. E. H. Williams had been nominated for District Judge, and Wm. McClintock as the Demo- cratic candidate. Milo McGlathery was the Republican candidate for District Attorney, and Elijah Odell was nominated by the Democrats. Things looked a little dark for Williams, and as I had opposed him very bitterly in the convention he was uneasy as to what I was doing during the campaign. Williams and McGlathery came to New Hampton to see me, and it was agreed that all my efforts were to be given to save Williams, and that I was at perfect liberty to trade or sacrifice McGlathery to help him,
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McGlathery saying that he was so secure that nothing our county could do could hurt him. I immediately went into the south part of the county and talked fealty to the party, and a day or two before election I raised the cry in the north part of the county that Mcclintock and McGlathery were the attorneys for the south and that it would never do to elect them, and we had a north- ern ticket with Williams and Odell, and went it solid. It elected Williams and came very near defeating McGlathery. I always had the feeling that it left a sore spot with McGlathery.
On election day I went to Utica after voting, and when the count was made found that that the whole vote was for the north, with the exception of Pat Tierney and his hired man's. A company of twelve had gone to Stapleton to look after Case's interests, as Staples, the opponent, was a resident and old settler of that town. When they got there they found that the Staples and Mcclintock interest had eight gallons of whiskey, and the New Hampton crowd only had two. After holding a council it was agreed that all hands would pitch in and drink up the eight gallons, and not let them know that
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they had any in reserve. Those that had the whiskey in charge were willing to furnish all the New Hampton folks wanted, hoping to get them drunk, and then they would run the election to suit themselves. Headed by Dan Shook, they drank as freely as though it was water, and would then go out behind the house and vomit it up. By ten o'clock the whiskey was gone and a part of the New Hampton contingent were laid out. Now came the other whiskey and it was husbanded with much care, and no one was allowed a drink who did not vote the northern ticket. During the day it was found that there was much antagonism against Powers, and to make all the capital they could for the occasion the New Hamp- ton men pitched into him in a terrific manner, although he was working in Utica for the same side. I rode down from Utica full of victory, as all but two had voted as I desired, and as I rode up to the polling place in Stapleton, expecting to receive a warm wel- come from my friends, I found myself sur- rounded by a belligerent and vindictive foe, and not a New Hampton man dared to say a word for me or come to my aid. Sticks, clubs and clods were brandished and the
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vilest charges made. and threats that were flying abont portended anything but peace. John Nicholas seized my horse by the bridle and commenced kicking it in the side and it soon cleared quite a circle around me, and he spoke to me and said, "jump on for your life." and I spang upon my horse. and Nicholas let go and gave my horse a slap and I was soon out of reach of the stones and sticks that followed me. It was new to me then, but I have been misrepresented so often, since, that some one might be advanced, that I have ceased to notice it, and have learned to pity the small man that tries to ride into public favor by misrepre- sentation and calumny. C O. Case was elected and for years made an efficient officer, until a spirit of conviviality measur- ably weakened his executive ability. It was not generally understood. but his wife was the main stay of the office for the last few years, and she became his deputy so as to be
able to look after the business. After Case had qualified on his first election he went to Forest City to take charge of the office and remove the same to New Hampton, the court having enjoined the county officers from holding their offices at Forest City, or else-
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where in the county except at New Hampton. As the law required that he appoint a deputy, he appointed me, but the County Judge had to approve the appointment, and Judge Bailey refused to endorse my appoint- ment. A. E. Bigelow was then appointed and I pointed out the property that belonged to the clerk's office and it was promptly removed to New Hampton.
During the summer it rained almost con- tinnously, and the little streams looked like rivers. W. E. Beach, Mrs. Nehemiah Vaughn, Miss Johnston and myself desired to go from New Hampton to Jacksonville, and we took passage in a lumber wagon drawn by a yoke of oxen. When we reached Plumb Creek we found that the banks were overflown and it looked like a river. It was thought prac- ticable to ford, and we started in, but, when the forward wheels of the wagon dropped into the channel of the stream the chain came loose that attached the oxen to the wagon, and we were left stranded. It was thought that by unloading, and by hitching the chain to the end of the tongue, the wagon might be drawn out. It was sug- gested that the men each take a woman and carry her ashore. Mr. Beach being a
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married man and I single, it was suggested by him that he would carry the married woman and I the young lady. At first this struck me favorably, but when I came to see that the married woman weighed about eighty-five pounds, and the girl about one hundred and ninety pounds, I had some doubts of his disinterestedness. Beach took up his burden and deposited her safely on the shore. Boldly meeting the responsibility that was soon to rest upon me, I encircled my one hundred and ninety pounds, and she trustingly put her arms around my neck, and I started. Alas, how soon were my hopes to be dampened, for stepping upon a bog, I slipped, and this changing the center of gravity and removing it outside of the base, I fell and my burden upon me. My embrace was broken. her arms were un- clasped, and the cold waters flowed between us, as we singly waded to the shore. I could not help but moralize, as I recalled the prayer of disappointment that flowed from a prominent character in a romance that was then fresh in memory, when she prayed that "the waters of oblivion might flow between them," how different it would have been, had it been the waters of Plumb Creek.
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This recalls another incident that took place on Main street in Forest City. A load of us had been out to spend the evening, and on our return the horses sloughed down and could not be induced to get out. There was nothing to do but to unload, and it fell to my lot to take Miss S., who weighed about one hundred and fifty pounds. I had on rubber boots, and when unweighted could keep them on and pull them out of the mud. When I had taken the young lady as an additional weight, I found that no effort of mine could give a rising influence to my rubber boots, but that, like one who is near closing a life of dissipation, I found myself going down, down, down, until the number six shoes that encased my burden's feet were fast showing like symptoms, and I felt con- strained to yield up, not the ghost. but my burden, and give her an opportunity to sink or swim, survive or perish, as best she might, and by the appearance of her apparel the next morning I was led to conclude that she had to swim.
After the election of 1S5S, at which time the question of the removal of the county seat from New Hampton to Forest City had been voted upon, there were a large number
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of arrests, each side swearing out warrants against parties of the other side. One was sworn out against William Tucker, and he was taken to Nashua for trial. It was agreed by Tucker and his lawyer that no defense should be made, as he was not charged with any crime under the Code of Iowa. When the time for trial arrived Tucker and his counsel remained passive. This was unexpected and left the prosecu- tion in a dilemma. The defendant was bound over to attend the next term of the District Court to abide the action of the Grand Jury, and bail fixed at one hundred dollars. Tucker refused to give bail and demanded that he be either sent to jail or that he be released. This was an unexpected move, as there had been no intention of sending him to jail. They offered to fur- nish the bond but Tucker would not accept it. He was finally sent to jail to Waverly. He remained about two weeks, having a good time around town, and demanding a change of linen at the end of the first week, which was furnished by the Sheriff of Bremer County and paid for by Chickasaw County. The parties that had caused his imprisonment became uneasy, and the Jus-
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tice of the Peace, having found that he had made a mistake in committing him for an unknown crime. sent down and recalled the mittimus, and Tucker came home and had a good laugh at the other side. While they were after Tucker the other side were not idle. An information was filed and warrant issued for the arrest of Judge Bailey, and placed in the hands of the Constable. Taking about twenty with him he went to Forest City and found the Judge in the county office, which was then in the second story of the back wing of Grant's house. The officer made known his business, but the Judge did not propose to go unless forced to. S. S. Ains- worth, of West Union, coming about this time, he was consulted by the friends of the Judge. On learning the facts he expressed the opinion that the only thing to do was to go and stand trial, and if he did not get clear to appeal. He intimated that as the Judge was a party he could not issue a writ of habeas corpus for himself, and that there was no officer competent to issue the writ in the county. Geo. W. Reed, who was Clerk, said that in the absence of the Judge he was ex-officio Judge, and that the Judge being under arrest was absent, under his construc-
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tion of the law, and he would issue the writ. Ainsworth said that if they had nerve enough to do that he would make out the papers. In the meantime the Constable had taken possession of the Judge, he resisting just enough to require force. The Constable and another man took him by the arms and pulled him out of the door, and then several helped to put him into a wagon to which a yoke of oxen were attached. The crowd started with their prisoner, and in a few minutes the writ of habeas corpus was ready and placed in the hands of a bystander and the erowd started to overtake those in charge of the Judge. As they started out D. A. Babcock and myself started, but thinking that discre- · tion was the better part of valor, I suggested that we remain behind and wait their return. . They overtook the constable in front of Judge Bailey's house, and what followed has facetiously been called the "Battle of Bailey's Land." As soon as the advancing party had overtaken the Judge and his escort, they demanded the release of the Judge. The officer refused to surrender him and a gen- ·eral scrimmage began, and there was a gen- eral intermixing of parties. Soon it was seen that individuals were pairing off and
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paying special attention to each other. Among the more notable were Frank Bos- v orth, brother of Fred Bosworth, and Dan Shook. Each had taken several falls, when Yager dealt a telling blow from the back side, and Shook fell like a log. Just at this instant William Haslam, who had his pipe in his mouth and continued to smoke com- placently, gave Yager a blow and then turned his attention to Bosworth, whom he felled several times. As Shook came to his feet he found himself confronted by Yager, and then for a few minutes there was a joining of two heavy weight Ger- mans, and the contest would have passed as first class in any prize ring. In the fracas Yager got Shook's finger in his mouth, and he soon showed he had vigorous jaws. In the meantime Shook was taking in the sit- uation, although Yager had taken in a part of him, and turning his finger in Yager's month, and while his teeth were cutting to the bone, inserted his thumb into Yager's eye, and then the native German expression escaped from him as he yelled, "Yah," and as his mouth flew open. Shook gave him a knock down. During this time Runion, armed with a hickory club, was playing
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round outside hitting a head whenever he safely could. Among the active partici- pants probably Haslam knocked down the most men. and received the least personal injury. He was an old boxing master and went in smoking his pipe and came out with it in his mouth. At the close of the fight F. D. Bosworth was on the fence giv- ing very encouraging words that some might call profane. Shook and Frank Bos- worth were the only ones who were laid up for more than a day or two. It is probably the only instance on record where force was used in the service of a writ of habeas corpus. If all had been present who claim to have been, then there would have been quite an army. This is probably not the first instance where heroes have sprung up after the battle.
After' this warrants were issued against twenty-four northern men for resisting a writ of habeas corpus, the writs being issued by N. 'D. Smith. a Justice of the Peace at Forest City.
The warrants were placed in the hands of John Dixon, sheriff. He immediately pro- ceeded to search for the accused, and coming to New Hampton, found all present, as they
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were holding a meeting in the old log school house. He told them his business and they all took it in good part, and were soon deeply in conversation with the Sheriff. One after another slipped out and to the sheriff's sur- prise he found that but one was left. It was very easy for one to secrete himself, for within a few rods of the house the grass would hide an ox. When the Sheriff took in the situation he was very angry and made strong threats. His ire was especially directed against Runion. He immediately started for Runion's house, and found Mrs. Runion in possession. He then proceeded to question Mrs. Runion as to the where- abouts of her husband, and received the prompt reply that it was none of his busi- ness.' He then informed her that he should be under the necessity of searching the house for him, and immediately commenced the search. After climbing the outside stairs of the old log house and searching in all pos- sible and impossible places where a man could hide, he commenced the search below. Words of imprecation fell upon his head from the keeper of the home castle as the search went on, and after looking under the bed and elsewhere without success, he spied
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a ring in a trap door that led into an impro- vised cellar under the floor, and stooped to raise the trap door. At this Mrs. Runion sprang upon the door and told him he could not go down there. The Sheriffinsisted he would, and pushed her off. Not to be foiled, Mrs. Runion reached under the bed and secured a weapon not used in ordinary warfare, and raising it aloft, threatened to submerge him if he attempted. The Sheriff retreated and left the woman in possession. It has never been quite safe to call this episode to the attention of the Sheriff. The next day, with a suitable posse, the Sheriff started for the same parties, but when a little way out he met the entire party on the road to surren- der themselves. They made no defense and were all bound over to bide the action of the grand jury at the next session of the District Court. At the next term of court they were all on hand, and when the papers were handed to Judge Murdock he took them, and on looking them over said, sotto roce, " Resist- ing a writ of habeas corpus; what in the devil is that?" and then turning to the parties, said, "Go; you have no business here." Thus ended another action.
I recall a little episode that transpired
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during the trial of Tucker, at Nashua. As we were there two days, when the first night came I was put in bed with Tucker. During the night there was a strange sound under the bed, and asking Tucker what it was, he said it sounded like a badger. He reached under the bed and pulled out a young badger, saying, "Adversity makes strange bedfellows." It proved to be a tame badger that had escaped.
Soon after Judge Bailey was released under the habeas corpus proceedings a warrant was issued in Chickasaw for the arrest of the Judge, and placed in the hands of A. E. Bige- low for service. Taking with him one Finch, they went to the Judge's house early in the morning, before he was up, and took him away before he could rally his forces. When he arrived in Chickasaw he met a noisy crowd, and their remarks were more forcible than assuring. A change of venue was taken, and the Judge eventually released. In fact, there never was much of an idea of holding him, but they wanted to show that he could be arrested and taken away.
At the special session of court to try the county seat question, Forest City had as her lawyers, L. L. Ainsworth, Milo McGlathery,
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Wm. McClintock and A. G. Case. New Hampton had W'm. B. Allison, Wm. J. Barney, Wm. B. Fairfield. Wm. Munson and J. O. Crosby. All the New Hampton law- yers boarded at Hiram Bailey's, and on the second night after court convened, a son was born to Mr. and Mrs. Bailey, and it was pre- sented the next morning from behind the hanging sheet that separated the bed-room from the sitting-soom, it was declared that in honor of the occasion, and the number of Williams present, the child should be named William.
We little thought at that time that we were suggesting as namesakes a District Judge and a United States Senator. The parents declined to adopt the name sug- gested.
Fairfield was not at this time a prohibi- tionist, and he had brought a two gallon jug of whiskey for use during court. On the sec- ond morning, the hired girl, while doing the chamber work, found the jug, and she . dropped it into the cellar, which was with- out stairs, and about half full of water. When they came for dinner the jug was missing, and a search instituted for its recov- ery. It was found floating in the water in
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the cellar, but beyond reach, and it was decided that the three Williams should let Fairfield down and hold him while he secured the jug. He was accordingly let down, and just as he announced he had it, the bired girl put in an appearance, and giving the holders a push, they dropped their man to save themselves. The whisky was passed up and the lower man took a good drink so as not to take cold.
It was a very wet season, and there was scarcely a place in the town where a horse would not mire. The stage mired down with four horses, right in the middle of Main street, and it took a team of six yoke of oxen to draw it out. The stage at this time was driven by "Sandy," and few knew but that this was his real name, but we now know him as one of our respected, pros- perous and honored citizens, by the name of Honeywell.
Many were the jokes that were passed with reference to the depth of the mud. Judge Murdock declared that just after he passed Fredericksburg the little frogs sung out in high treble, "knee deep," but as he approached Forest City the bull frogs in deep bass sung, "no bottom."
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During the trial, a large number of the northern men camped in the school house. One morning one of the cows was found on its back, fastened in that position, and when discovered by the woman who went out to milk she expressed dissatisfaction, but was informed by the northern men that they always did that way in Forest City, for in no other way could they get at her to milk, as the mud was so deep.
There was to be a convention to nominate a successor to Judge Murdock. and there was a feeling that it would not be detrimental to the interests of New Hampton if the dele- gates to be elected were in favor of New Hampton, and also supporters of the incum- bent. The county convention was called as a republican mass convention to meet at Forest City, Monday evening the day before the convening of court. This was satisfac- tory to the south, as it was supposed that the north would not put in an appearance until the first day of court. The central committee consisted of G. W. Howard, F. D. Bosworth and J. H. Powers. At the hour of convening the convention Howard and Bos- worth were on hand together with about a dozen southern men to go to the school
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house to elect delegates. As yet no north- ern man had been seen. On reaching the school house all was dark and still, but on striking a match it was found packed with northern men. Howard was chosen chair- man and a full set of delegates were elected. The next day there was another convention called and another set of delegates elected. The northern men refused to enter this sec- ond Convention, and the contesting Conven- tion delegates had a poor show. as the first Convention had the notice called by the entire Central Committee, and their cre- dentials were signed by a majority of them, one as Chairman and one as Secretary of the Convention. They supported Murdock at the District Convention, but E. H. Wil- liams was nominated over him by one-quar- ter of a vote.
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