History of Butler and Bremer counties, Iowa, Part 34

Author: Union publishing company, Springfield, Ill
Publication date: 1883
Publisher: Springfield, Ill., Union publishing company
Number of Pages: 1316

USA > Iowa > Butler County > History of Butler and Bremer counties, Iowa > Part 34
USA > Iowa > Bremer County > History of Butler and Bremer counties, Iowa > 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).

Mr. Butler, the writer of these reminis- cences, is an able writer, and was an early settler in the county. In speaking of Henry Trotter, an early settler in Central township, he says:

"Henry Trotter settled in Ripley in the infancy of civilization, and has, perhaps, figured more conspicuous of Ripley than any other man. He is a Scotchman and a very rare one at that. His good-natured disposition is always apparent wherever you find him. He was for years the member of the Board of Sup- ervisors from Ripley. His puns and jokes at the regular convening of this body were many and good. He took care of the interests of his constituents in a manner satisfactory to their wishes. Not always was he the most elegant in diction. Just a little did he move the risabilities of the board on one occasion, when a committee retired to consult and make report on some

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HISTORY OF BUTLER COUNTY.

matter. They remained absent from the room longer than his business views would permit, and rising to his feet he exclaimed: 'Mr Chairman; Mr. Chairman! Where in damnation is that committee? They have been gone long enough to go to h -. and back.', He is somewhat sarcastic when he makes an effort, and is very out- spoken in his opinion about aspirants for office. As at one time he met an office- seeker, who had before held the office for ten or twelve years, soliciting aid for re- election, when Trotter replied: 'Confound it, can't we make the office hereditary, and let your son have it after you?'"

REMINISCE NCES OF SETTLEMENT IN ALBION.

By P. P. Parker.

Way back in the early settlement of Albion township, one, Benjamin Connell, is remembered as coming from Canada and taking up a home. His mind was charged with the belief that the "western pioneers" were all desperate characters, and that to liave one "draw a bead" on you was as good as a summons from one who had authority to appear hence-in other words -death. One day while Connell was busy at work in his field, a neighbor, whose name has been forgotten, but who lived at Buck's Grove, chanced to pass by and spoke to Connell about something. Being a little deaf, and not hearing the reply which Connell gave, he dropped his rifle from his shoulder to the hollow of his arm, and stepped nearer so as to catch the words. Mr. Connell at once suspicious, saw blood in the stranger's eye, as he thought. In an instant his past life flashed before him; he knew that in a moment the deadly rifle would be levelled, and expectcd the lead en

bullet to go crashing through his brain. With a gasp of terror he dropped every thing and dug out, never looking behind, making leaps of ten feet at a jump, in a zig-zag way, so as to dodge the ball. He did not stop until panting and breathless he reached the house of P. P. Parker, where he reported that an attempt had been made to shoot him down in cold blood. The stranger had followed to learn whether the man was drunk or crazy, and in a short time an understanding was arrived at between the parties, and Con- nell returned to his work happy.

"Another old settler in this vicinity was an eccentric character under the name of John E. Owen-or as he is more often called-"John Owen, sir." John was the owner of a Black Hawk horse, or, at least he was black, which was the pride of the household and well-known to John's friends. Well, John had to work for him -aside from his wife-an old darkey woman, who, whether considered one of the family or not, took many liberties which John did not like. On one occasion, during the absence of John, the darkey concluded to take a ride on old black, which she did in most approved man- fashion. When John came back he was terribly vexed over the matter, and it is said, gave the wench a terrible booting. Owen said afterward that he found all the hair on the back of the horse scalded so that it fell out-"a fact; sir."

Walter Clayton came to Albion in 1853, and took a claim in section 30. This was shortly afterwards jumped by Tom Mul- larpy, and Clayton moved further west, taking a claim east of Aplington. To show how supremely regardless Clayton was of

S. 8. Dumint.

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HISTORY OF BUTLER COUNTY.

law and morality; it was a notorious fact that he had ran away from Wisconsin with a "school marm," leaving' a wife and several children, and was here living with the woman, and had several children by her. He afterwards obtained a divorce from the first and married the second.

A few years ago an amusing incident happened, which is worth relating: One election day there chanced to be several gentlemen, among whom were the sheriff, Mr. Bartholomew, and P. P. Parker, stand- ing about a revolving churn discussing various matters. While thus engaged, E. W. Babcock, an old-time settler in the re- gion of Albion, came up and inquired if that was the voting place. Upon being an- swered in the affirmative, he deposited his ballot in the bung-hole and gave it a punch. Bartholomew gave the crank a turn, and a lonely Democratic vote was lost.

A marriage occurred here which was an interesting affair: A Mr. Ketchum pro- cured a marriage license in Grundy county authorizing his marriage with Miss Mary Wilson. The ceremony was performed in Butler county by Esquire Morse. In sev- eral days the groom discovered that he was not legally married, and upon inform- ing his wife of the fact it created quite a panic. The matter was adjusted by pro-

curing a license in Butler county dated back to the time of ceremony.

At an early day human nature was the same as at the present. Peter Cramer be- came smitten with the charms of Sarah Gaylord, and not being acquainted with the fair one, he called upon a third party to arrange. an introduction. All was ar- ranged, and both the charmed and charmer being willing, they met at the little log cabin of the third party, as per agreement. They were introduced; but lo! the diffi- culty arose that there was only one room in the house, and the family could not stand out of doors while the two were coo- ing. Finally a slate and pencil was fur- nished, and the lovers began their wooing. This was used to good advantage, for the next day Peter told his friend that the day had been set. But "true love never runs smooth," as other parties broke up the match.

In the spring of 1854 there was a big Indian scare took possession of the people in this country, and nearly every one ran for their lives. The good people of Janes- ville lost their wits, and built a stockade of slabs near the old saw mill, on the low ground. Fortunately, it was only a scare, for if there had been an enemy around, every one of the gallant defenders could have been shot from the high ground just east of the stockade.

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HISTORY OF BUTLER COUNTY.

CHAPTER IV.

THE COUNTY GOVERNMENT.

As stated elsewhere, Butler county prior to organization, was attached to Buchanan for judicial purposes, and Judge Roszell ordered an election in August, 1853, for chosing officers and effecting an organiza- tion. The election was held and George W. Poisal was elected county judge, but for reasons not given, did not qualify. The same date Mr. Seth Hilton, Sr., was ap- pointed justice of the peace, and filled the office until his successor was elected and qualified in August, 1854. This attempt to organize the county was a failure, and was finally given up. No records are in existence.

At this time the local government of counties throughout the State was vested in what was termed the "county court," which consisted of a judge, clerk, and the sheriff. In August, 1854, an election was held which resulted in the organization of Butler county, substantially, and from which dates the history of it, as a distinct local government. John Palmer was ' elected county judge; William E. Burton, clerk of court; and R. T. Crowell, sheriff. These officers constituted the "court," which attended to all the legal matters pertaining to the county. The other offi- cers elected were A. G. Clarke, treasurer and recorder; James Griffith, school fund commissioner, and others who are noted elsewhere.

The records of the county court com- mence with the October term, 1854, held in Clarksville, which was then the county seat. The court was held in a little log hut in which Mr. Clark sold groceries. The first entry is as follows, dated Octo- ber 2, 1854:

"Ordered, that the following taxes be and are hereby levied: For State purposes, one and one- fourth mills on the dollar; for county purposes, five mills on the dollar; for school purposes, one mill on the dollar; for road purposes, one mill on the dollar; poll for county purposes, fifty cents; poll for road purposes, $1.00.

[Signed.] JOHN PALMER, County Judge."

The second entry was made on the 11th of October, 1855, and appoints Charles Mullin to survey a certain tract of land on the west side of the Shell Rock, or English river. This, while the record shows "1855," undoubtedly means "1854," as the very next entry bears the date of the 12th of October, 1854, and is the proceedings of the court in

THE FIRST LAW SUIT IN BUTLER COUNTY.

It seems that David W. Ingham made application for a writ of injunction against Daniel D. Myers, who lived at Shell Rock, restraining him from selling a certain piece of land in section two of Shell Rock township, on the west side of the river;

HISTORY OF BUTLER COUNTY.

251

and having filed his petition and a bond in the sum of $100 with the clerk of court, the writ was issued and placed in the hands of R. T. Crowell, sheriff, who served it by leaving a copy at the residence of the defendant. This took place on the 12th and 13th days of October, 1854, and on the 19th, notice was given to the plaintiff, Mr. Ingham, that on the first day of January, 1855, a motion would be made to dissolve the injunction; but upon further consider- ation between the parties the matter was postponed until early in February, 1855.

On the date mentioned, the case was called up by the court, with M. M. Trum- bull as attorney for Mr. Myers, and A. VanDorn for Mr. Ingham. After calling to order, the motion to dissolve the writ of injunction was sustained by the judge for the reason "that the writ was not issued by an officer authorized to issue the same." Then Mr. Myers, by his attorney, moved the court to assess damages against the defendant in the amount of $100. This was overruled, because no damages had I been proven. A motion, which was sus- tained, was made to allow evidence to prove damages. A jury of six was then summoned, composed of T. T. Rawson, J. V. Hicks, D. C. Hilton, M. B. Wamsley, James Ford and R. W. Butler; and, to use the words of the record: "Jury empan- nelled and sworn. Case stated by M. M. Trumbull, when the following witnesses were examined on part of Myers: Charles Leverich, A. M. Elam, W. E. Burton, A. Van Dorn and John Palmer, who, being cross-examined by the defense, the case was submitted to the jury, who, after retiring to consider, brought into court the following verdict: 'We, the undersigned

jurors, do agree that the said Solomon W. Ingham pay to said Daniel D. Myers the sum of twenty-five cents, with cost.' (Signed by members.)

Defendant gave notice of an appeal to the district court in reference to the injunc- tion and verdict.".

This ended the case, so far as the county court was concerned. The costs were $5.90.

The next law suit appears under the date of December 9, 1854, wherein Rufus S. Hardy said, on oath, that one William Cas- terline had threatened to beat, wound and murder him, and was afraid of his life. Thereupon, a warrant was issued, Caster- line arrested, and upon examination, was held to bail in the sum of $100 to keep the peace and answer at the next term of the district court. When the district court convened, the charges were withdrawn, and the case was dismissed.

Immediately following the record of this case, is an entry which will explain itself, as follows:

"STATE OF IOWA, {ss.

. Butler County, S

On this day, to-wit, October 27th, A. D. 1854, the plat of the village of Clarksville, with the acknowledgments of Thomas Clark, Elizabeth Clark, Jeremiah Clark, Maria Clark, D. C. Hil- ton, Seth Hilton, Elizabeth Hilton, Dan Mather and Roxana Mather, proprietors of the land upon which the above mentioned village is situated; that the same is with their free consent and in accordance with their desire, And the court being satisfied that the requirements of the law have been complied with, it is therefore ordered that the same be placed on the records of Butler county, as the law requires.

JOHN PALMER, County Judge."

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HISTORY OF BUTLER COUNTY.

Hugh F. L. Burton was appointed deputy clerk of the district court, and gave bonds in the penal sum of $5,000. On the same day, M. M. Trumbull qualified as deputy treasurer and recorder. Aaron Van Dorn was appointed and qualified as prosecuting attorney. Also, John H. Morton as county surveyor. The first county warrant issued is recorded as follows:

"November 20th, 1854, warrant No. 1; to W. E. Burton, for assessing Butler pre- cinct and attending election board, for $37.75."

Warrant No. 2, was issued to John Pal- mer, county judge, for $5.00, and bore the date of December 9th, 1854. No. 3 was issued to Greene & Brother, of Linn county, for $22.25. No. 4 to George R. Allen, for $1.00. No. 5 to an Indianapolis firm for stationery, in the sum of $25.00. No. 6, to M. B. Wamsley, for $1.00, etc., etc.

On the fourth of January, 1855, Thomas Clark presented a receipt signed by John G. Barrick, D. C. Overman and William W. Payne-locating commissioners, who located the county seat of Butler county at Clarksville-dated Barrick's Ford, May 16, A. D. 1853, for the sum of $24.00, and George W. Poisal was produced as wit- ness that the said amount had been paid by Clark. In accordance, a county war- rant was issued to Mr. Clark for $24.00.

The following entry appears on the min- ute book, bearing date of the 29th of March, 1855:

"On this day George W. Adair and Elizabeth Adair presented the plat of the town of Shell Rock, in the county of Butler, situated in the northwest quarter of section 11, in township 91, range 15, west of the fifth principal meridian. And having acknowledged the same as required

by law, it was ordered that the whole be re- corded as the law directs.

JOHN PALMER, Judge."

The next session of the court, held dur- ing April, 1825, is taken up with attending to the returns of the election throughout the county, and in this connection is given the notice that Aaron Van Dorn has quali- fied according to law as prosecuting attor- ney, Walker H. Bishop as sheriff, John H. Morton as county surveyor, and William R. Jamison and Thomas Clark as justices of the peace.

THE FIRST COURT HOUSE.

In an entry on the court minute book, dated the fourth of June, 1855, it is ordered "that sealed proposals for building a court house, on the court house square, in the village of Clarksville, of the dimensions as follows: 40x40 feet, two stories high, the first to be nine feet and the second nine and one-half feet in height, to be made of good and durable material, either of wood or brick."

This building was erected the following year, and is now in use as the school house, in the village mentioned.

OFFICERS FOR 1856.

The records immediately following the election of August 6, 1855, show that David C. Hilton qualified as Treasurer and Recorder; Thomas T. Rawson, as County Surveyor, and Walker H. Bishop as Sheriff.

The county court for this year opened with Aaron Van Dorn, judge, and the sheriff, clerk and prosecuting attorney.

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HISTORY OF BUTLER COUNTY.

During the March term, in 1856, the mat- ter of township boundaries was taken up, and resulted in a re-division of the county.

On September, 9th, 1856, an entry states that William H. McClure presented the plat of Willoughby village, and "the court being satisfied that the pre-requisites of the law had been complied with," it was ordered recorded. The record does not state the location of this village, but it was in Beaver township.

COURT HOUSE AGAIN.

On the third of November, 1856, the court ordered that on aeconnt of insuffi- ciency of means, want of time and material to complete or enclose it for protection against the . winter, further progress of building be laid over until the spring of 1857, when it would be resumed and pros- ecnted to final completion. It was stated that the sum of $25.00 had already been paid in county warrants on building.

In March, 1857, a petition signed by D. N. Root and others, for the removal of the county seat from Clarksville, was overruled by the judge.

In 1857 there seemed to be a panic among the county officials, for at the March term the judge said: "Whereas the office of drainage commissioner has become vacant by the death of the late incumbent, and also the offices of county clerk, surveyor and coroner, by resignation, a special elec- tion was ordered to take place on the first Monday in April, 1857."

RAILROAD STOCK.

A special election was ordered and held in Butler county on the 12th day of Sep- tember, 1857, for the purpose of voting on

the question whether or not the county should subscribe for stock in the Chicago, Iowa & Nebraska Railroad Company to the amount of $200,000, the proviso being that the company should build its Cedar . Valley Branch through the county within one mile of Clarksville and Shell Rock; bonds payable in twenty years, to be issued therefor. The canvassing board, consist- ing of C. A. Bannon, John M. Vincent and Asa Ward, reported after official count, that the proposition had carried by a vote of 244 to 187; there being 431 votes cast.

At the August election, in 1857, the officers elected are recorded as appearing and taking the required oath. D. C. Hil- ton, qualified as treasurer and recorder for the two ensuing years; Walker H. Bishop, as sheriff; John Loomis, as deputy sheriff; Jeremiah Ellis, as county surveyor. It seems that there was some difficulty or con- troversy arising from this election, as the following entries upon the records indi- cate, and which explain themselves. The first appears under the date of September 29, 1857:

"D. W. Miller, of Coldwater township, presented his bond and was duly qualified for the office of county judge."

Then, upon the next page of record ap- pears the following entry, under the date of the fifth of October, 1857, viz:

"At a hearing, before Hon. J. D. Thomp- son, in the matter of judgeship between A. Converse and D. W. Miller, it was ordered that D. W. Miller deliver the office and books pertaining thereto to A. Converse. Witnessed by JAMES E. WALKER, clerk."

Then, to complete the story, at the next term of court, in November, 1857, the record says here were present :- Hon. A.

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HISTORY OF BUTLER COUNTY.

Converse, judge; James E. Walker, clerk; and W. H. Bishop, sheriff. John Palmer was appointed prosecuting attorney. This case is treated in another place.

At the February session of the court in 1858, the plat of the village of Aplington was presented and ordered recorded.

On the 4th of March, 1858, the township of Bennezette was set off from the terri- tory of Coldwater, and organized, Samuel Overturf being authorized to call the first election. On the 13th of the same month, Pittsford was set apart from West Point, and organized, A. C. Needham calling the first election.

At an election on the fifth of April, 1857, a proposition was submitted to the people as to the question of the county borrowing $20,000 by issuing bonds paya- ble in five years, for the purpose of build- ing bridges in Butler county, as follows:

For bridge at Shell Rock $3,000

Two bridges at Clarksville. 3,000

Bridge at Coldwater 3,000

Bridge at West Fork. 1,500

Bridge at Mason's Ford. 1,000

Bridge at McConnell's Ford. 1,000

Bridge at New Hartford 1,500

Bridge at Olmstead's Ford 200

Bridge at Union road.

500

Bridge near R. R. Parriot's 1,500

Bridge near W. Curtiss' 300

This proposition as above stated was voted upon and carried by 346 in favor of and 274 against it-620 votes in all. These bonds were issued on the 10th of August, 1858, in series numbered from one to for- ty-eight, inclusive, of denomination of $500 each, bearing ten per cent. interest, to S. M. Townsend & Co., Asa Low and D. N. Root & Co.

During the proceedings of the county court, in 1859, the record shows that it consisted of A. Converse, judge; James W. Davis, clerk, and W. H. Bishop, sheriff.

In September, 1860, Judge Converse set off and authorized the organization of the new townships, Washington, Dayton and Madison. Fremont had been set off and organized the year previous.

BOARD OF SUPERVISORS.

In 1859 an act was passed by the Gen- eral Assembly, which changed the form of local government in the various counties throughout the State. By it a body termed the "Board of Supervisors," superceded the old system of county court, and was vested with nearly all the authority for- merly held by the latter body. The board consisted of one supervisor from each organized township, making sixteen mem- bers in all, as the county was at this time divided, and the townships organized the same as at the present writing.

Pursuant to law, the first meeting of the "new dispensation " took place on the seventh day of January, 1861, at Butler Center, and the following supervisors were on hand and qualified: Peter Coyle, G. W. Stoner, O. Rice, W. R. Jamison, Thomas Haggarty, J. Gilbert, M. Aldrich, W. H. Long, S. Bonwell, J. Wilson, Milo Hard, J. Hoffman, S. H. Taylor, Wells A. Curtis, .and A. J. Thompkins. An organization was effected by the choice of Peter Coyle as temporary chairman; James W. Davis, clerk, and Messrs, Hard, Jamison and Haggarty, as the committee on credentials. This committee reported the following persons as supervisors clect from their various townships, viz:

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HISTORY OF BUTLER COUNTY.

Jefferson township. .O. Rice

Shell Rock township. .James Wilson

Dayton township.

.Thomas Haggarty

Beaver township. .Milo Hard

Ripley township. George W. Stoner

Coldwater townshij .Moses Aldrich

West Point township Julius Hoffman

Jackson township. Jonathan Gilbert

Madison township Peter Coyle

. Washington township . W. H. Long

Pittsford township. W. R. Jamison

Fremont township. S. Bonwell

Albion township.

S. H. Taylor

Monroe township.

Wells A. Curtis

Bennezette township.

Milton Wilson

Butler township. .C.A. Bannon

The new board then took the organizing steps by balloting for chairman for the ensuing year; W. R. Jamison received four votes, Peter Coyle nine, and the latter -was declared elected. James W. Davis presented his bond as clerk, and it was approved.

Then appears the following item extract- ted from the records:

"Motion was then made that the mem- bers proceed to draw lots for their term of service, according to law. The motion was carried, and the members drew their terms as follows, viz: Messrs. O. Rice, Milo Hard, Julius Hoffman, J. Gilbert, S. Bon- well, W. A. Curtis, C. A. Bannon and Milton Wilson, each one year; and Messrs. James Wilson, G. Haggarty, G. W. Stoner, M. Aldrich, Peter Coyle, W. H. Long W. R. Jamison and S. H. Taylor, each two years.

Thus was the new system inaugurated, and a mile post in the history of the county auspiciously passed.

At the next session, the chairman appoint- ed nine standing committees on different

matters, which are too lengthy to give specifically.

A matter of interest came before the board in January, 1861. A petition signed by D. W. Mitler and 400 others was presented, asking that the matter of chang- ing the county seat from Butler Center to Clarksville be submitted to a vote of the people; but this was squelched by the com- mittee appointed to investigate, consist- ing of Milo Hard, G. W. Stoner and J. Gilbert, who reported adverse to it. The latter named gentleman, however, on behalf of the minority of the committee, as opposed to the other two, presented a re- port favoring the petition, and advising that the matter be submitted to a vote; but it was of no avail as it was out-voted as soon as it reached the main body. The balance of the year was spent by the board in attending to routine business, nothing of special interest transpiring.

In the year 1862, the board convened on the 7th of January, and organized by the election of Peter Coyle as chairman for the ensuing year. The supervisors elect, and who were present to answer the roll call, were as follows, with the townships they represented opposite their respective names:

Fremont S. Bonwell.

Coldwater Moses Aldrich.

Dayton.

Thomas Haggarty.

Bennezette.

Milton Wilson.

Pittsford.

William R. Jamison.

West Point J. Hoffman.

Jackson J. Gilbert.

Butler.

James R. Fletcher.

Shell Rock.

.James Wilson.

Jefferson

W. A. Lathrop.

Ripley

George W. Stoner.

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HISTORY OF BUTLER COUNTY.

Madison. Peter Coyle.

Washington W. H. Long.

Monroe J. J. Criswell.

Albion S. H. Taylor.

Beaver. Milo Hard.

The matter of the re-location of the county seat again came up, indicating that Butler Center, as the shiretown of the county, gave much dissatisfaction. The record of the first session of the board of supervisors for 1862, states that "C. A. Bannon, Esq., appeared, and as the attorney of the peti- tioners, presented a petition of certain voters of Butler county, asking for the granting of a vote upon the question of a re-location of the county seat and the removal of the same from Butler Center, the present county seat, to Clarksville." This petition was signed by 440 voters, of which about 42 were deducted by the committee ap- pointed to investigate. This petition was soon followed by a remonstrance, signed by about the same number of citizens. The county had been thoroughly canvassed by the active champions of each point in question, and the population was about equally divided. The committee in whose hands the matter was placed, did not re- commend any action in the matter, but made a plain statement of the case. Their report was accepted, and the board listened to the arguments of the attorneys on both sides, after which Supervisor James R. Fletcher, presented a lengthy resolution, setting forth that the petition had been signed by one-half the legal voters of the county, as per the census of 1859, and - ordering that at the April election of 1862, the matter be submitted to a vote. Then appears the following, which explains itself:

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History of Butler and Bremer counties, Iowa, Part 34

Author: Union publishing company, Springfield, Ill Publication date: 1883 Publisher: Springfield, Ill., Union publishing company Number of Pages: 1316

Author: Union publishing company, Springfield, Ill
Publication date: 1883
Publisher: Springfield, Ill., Union publishing company
Number of Pages: 1316