USA > Iowa > Chickasaw County > History of Chickasaw and Howard counties, Iowa, Volume I > Part 43
USA > Iowa > Howard County > History of Chickasaw and Howard counties, Iowa, Volume I > Part 43
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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During the year 1866 the McGregor Western Railroad first crossed the county line, entering on section 23 in Vernon Springs Township. Instead of traversing the entire county from east to west, as they had agreed, they turned the railroad
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in a northwest direction after proceeding eastward a short distance and left the county in section 10 of Oakdale Township. A little over twenty-four miles of trackage was laid in the county at this time.
Trouble immediately arose; the county claimed that the railroad had not lived up to its agreement, which it had not, and the railroad carried a complaint to the legislature that the act of the board in giving them the swamp lands had not been legal and praying that it should be legalized by the Legislative Assembly. The supervisors met February 3, 1868, and passed a resolution, also drew up a petition, asking the legislature not to make a bill as the railroad wished, on the grounds that the railroad had failed to carry out the provisions of the original contract. Suit was brought by the county, but in July, 1869, the matter was ad- justed, the suits withdrawn and the lands left in the possession of the railroad company, the latter agreeing to locate a station at the Town of Chester. Shortly after this litigation the line passed into the hands of the Chicago, Milwaukee & St. Paul Company, which still operates the road.
THE KYTE AFFAIR
Of particular interest to the people of Howard County is the story of Frank Kyte, one time treasurer of the county, and his dramatic escape and discovery. The History of Chickasaw and Howard counties published in 1883, shortly after the occurrence, describes the happening as follows :
"On Monday, July 12, 1877, the community of Cresco was startled by the receipt of a telegram from McGregor, stating that Frank Kyte, the county treasurer, had been drowned in the Mississippi River, on Sunday afternoon, while bathing at a point near the pictured rocks some two miles below the town. Tele- grams were sent to the different members of his family notifying them of his death, and John G. Stradley, and S. A. and Frank Sutton started for McGregor on the first train, meaning to assist in recovering his body. On their arrival they were informed that he went in swimming in company with Frank Tryan, the son of the proprietor of the Mondell House at Prairie du Chien, where he was staying. Kyte persisted in the assertion (according to the story), that he could swim to the island, nearly a third of a mile, and return, which feat he accordingly tried. Tryan, whilst dressing, heard Kyte's scream and saw him go down. Being under the impulse of fear he immediately started for Prairie du Chien to give the alarni and on arriving there told his pitiful tale. John Lawlor, with his usual prompti- tude and generosity, at once ordered out the ferry boat to search for the body. Quite a number of row-boats also went to the place pointed out, and assisted in the search.
"On Monday, the body not being yet recovered, the cannon belonging to the artillery battery at McGregor was taken on board the ferry boat and, served by volunteers, commenced firing to raise the body to the surface, the merchants of McGregor having contributed liberally to the fund to buy powder, etc. All day the bluffs re-echoed to the booming of the artillery, and the whole city was on tip-toe of excitement and every means was taken for the recovery of the corpse. All efforts were in vain. H. W. Babcock, of Cresco, who was on business in McGregor at the time, offered $50 for the recovery of the body, and Mr. Stradley on his arrival, at once offered $100. All day the search continued, under
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the able direction of Amos Pearsall, of McGregor, and Peter Velie, of Prairie du Chien. Towards evening, however, a rumor started on the streets that Kyte had purchased a new suit of clothes on Saturday in McGregor. This rumor and others that were floating around were diligently followed up by the gentlemen from Cresco. On Tuesday morning they learned that a man answering the description of the supposed dead man had been seen walking on the track near Clayton, and later at the Town of Guttenberg. Immediately Messrs. Pearsall, Stradley and Sutton proceeded to the latter place and tracked the man to a point about opposite to the Town of Cassville, Wis. They found evidence strong enough to force conviction on their minds that the man they were following was indeed the absconding treasurer, Kyte, and that he, in the words of the immortal Webster, still lived. He had shaved off his moustache and at Clayton and at Guttenberg was noticed from the liberality with which he threw around his money, treating to drinks, etc. It was also found that he had crossed the river at Turkey River Station. The party did not pursue any further, but returned to McGregor and took legal advice as to what was best to be done under the circumstances. They learned, much to their surprise, no doubt, that there existed no authority in them to arrest him as there was no charge against him or evidence that he had committed any crime. Meanwhile P. N. Glathart, one of the Cresco delegation, was watch- ing the movements of young Tryan, to prevent his escape or flight, and upon the return of the pursuing party and the narration of the facts learned by them, Tryan was interviewed. He was told in pretty strong language, that it was now ascertained, beyond all question that Frank Kyte was not drowned-that he (Tryan) had lied about it and must own up, and more to the same effect. The threats and menaces of his interrogators produced the desired effect and he ad- mitted the fact that Kyte had skipped out and that the report of his drowning was a fabrication. The true story now came out, partly extorted from the young man, partly from other sources.
"It seems that Kyte had been in ill health for some time past, and had been at the sanitarium at Prairie du Chien. taking baths, or, as he jocularly termed it 'taking a scald.' While there he got on very friendly terms with this young Tryan, getting on the 'right side of him' by liberally treating, and making a com- panion of him. He told Tryan a pitiful tale to raise his compassion, telling him that he had a scrape in Cresco in which a woman was concerned, and that it would soon become public and that he had better be dead, at least to his friends-for it would be 'hell on earth' to him to have it come out and live among it. The two inseparables, after purchasing the suit of clothes, went to the pictured rocks and they, according to previous agreement, went in swimming. After sporting in the water some time Tryan climbed out and while dressing saw Kyte sink and turned his back so that he might not see him emerge. Kyte now having been drowned, put out for more congenial climes and Tryan hastened to Prairie du Chien to carry out his part of the comedy. Kyte bungled his part of the job sadly, but it seems 'The best laid plans of mice and men gang aft agley.' Kyte left a wife and child to 'suffer the slings and arrows of outrageous fortune,' and bear the brand of the felon shame of the erring husband and father. No man had a larger circle of acquaintance and friends than he, and he was trusted and beloved by all.
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"The following resolution of the board of supervisors in special session as- sembled, July, 1877, explains itself :
".Whereas, Frank Kyte, late treasurer of Howard County, has absconded and has not been seen at the treasurer's office in the said county for the past twelve days, and is nowhere to be found, and that it is believed that he has ceased to be a resident of said county, therefore ;
" 'Resolved, By the board of supervisors of Howard County that the facts recited above have caused a vacancy in the office of. the county treasurer and the office of county treasurer is now vacant, and be hereby so declared.
" 'Resolved, Further that James F. Borthwick be and is hereby appointed county treasurer of Howard County to fill the vacancy now existing in said office.
" 'Resolved, That the incoming treasurer be required to give bonds in the sum of $40,000 and this appointment shall take effect upon the approval of the same, by the board.'
"Upon the receipt of the intelligence the board ordered the safe to be opened, but on the arrival of J. W. Norris, vice president of the safe company with Cyrus Wellington, the matter for a while came to a halt. It would seem as if the safe belonged to the Diebold Safe Company. It was locked with a time lock but the latter had been tampered with and would not open. After Mr. Norris arrived he served a notice upon the board of supervisors of the county that they must not open the safe until they had purchased the same, and the price was affixed as being-$1,500. The board, however, would not be 'bulldozed,' and after much discussion, a contract was entered into by and between the said board and Norris, the latter to open the safe for the sum of $200, if it could be done without breaking it, and $400 if it had to be forced. If the latter, he was to repair it and put it in as good shape as before. He tried for a long time to open it, using all his skill but in vain. He then returned to Chicago and brought with him, after an absence of several days, a skilled workman with tools, who proceeded to force the safe. On July 20th, the door yielded to the effort and stood wide open, the eyes of the board on investigation beholding an empty, or nearly so, money drawer. A rigid examination of the books of the treasurer revealed the extent of the defalcation to be $18,500.66. The board immediately took measures to attach the property of Kyte, both real and personal. This amounted to the sum of about six thousand dollars, leaving the bondsmen to pay the difference of $12,000, and the attorney of the county was directed to bring suit against them to recover that amount. On a search being instituted for the bond, it was found to be missing and the parties, whose names were supposed to have been affixed thereon, set up a claim that they had signed no such bond. So the matter rested for a short time, but the search for the missing document was diligently prosecuted and at last was crowned with success. The paper was found and was immediately placed in the hands of the legal lights who represented the county, for them to commence suit. Dire was the dismay of the disgusted bondsmen for it meant financial ruin to many of them. The board, at an adjourned meeting June 24, 1878 (the matter having run until then), were presented with a petition, signed by 1.445 voters of the county, requesting the honorable board of supervisors of Howard County, 'to compromise the matter between the county and the bondsmen of Kyte and to withdraw the suits now pending between the county and them, and settle the
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matter between the parties on such terms as may be just to the county without involving the financial ruin of said bondsmen.' As two-thirds of said petitioners seemed to think that $5,000 was the proper sum at which to adjust and settle the same, the board resolved that they would accept the sum of $500 in cash to defray the expenses the county had been put to, and $5,000 in equal installments, payable in one, two and three years after date, the bondsmen to give their notes for the same, for the benefit of the defalcation of the county. This seemed to the board as more nearly to approximate to the wishes of the most of the petitioners and,
"'Whereas the following named bondsmen of Frank Kyte, J. F. Donahugh, Sardis Sutton, W. E. Roche, C. Genshaw, T. J. DeLange, P. Meighan, John Milz, P. Peterson, Patrick Brady, Thomas Sullivan and William Burke having signified their assent to settle on the basis above ;
" 'Resolved, That the board of supervisors of Howard County accept and settle as above, taking security for the faithful performance thereof,' and ordering that all suits against the gentlemen be withdrawn, except as against A. D. Wright, against whom judgment had already been obtained. The matter was settled upon this basis and here the affair closed and, although the county was the loser, still it was better to compromise than by a strict construction of the law to plunge into despair so many innocent families." 1
Kyte was never captured and in later years it was learned that he died in another part of the country.
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