USA > Iowa > Fremont County > History of Fremont County, Iowa : containing a history of the county, its cities, towns, etc., a biographical directory of many of its leading citizens, war record of its volunteers in the late rebellion, general and local statistic, portraits of early settlers and prominent men, history of Iowa and the Northwest, map of Fremont County, constitution of the state of Iowa, reminiscences, miscellaneous matters, etc > Part 44
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The further history of the townships is to be found under the section devoted to that subject.
THE FIRST TOWNSHIPS.
At the organization of Fremont county, it had not yet been divided into townships. To facilitate county business it became evident that its sub- division was immediately imperative. The commissioner, therefore, at this meeting of January 9, 1850, (and this date be it remembered is the date of their organization proper) caused the following orders to be spread on the minute book:
Ordered by the court, That the boundaries of Franklin township be as fol- lows, to-wit: Commencing at Benjamin Bowman's on Missouri river, from thence on a direct line to John H Whitehead's and including said farm, from thence to the eastern line of the county, and from thence along said line to the southern line of the county, and from thence along said line to the Missouri river, and from thence along said river to the place of beginning.
Ordered by the court, That the boundaries of Henry township be as follows, to-wit: Commencing at the farm of J. H. Whitehead at the edge of the bluff, and from thence along under the bluffs to include the settlers immediately under the bluff to the northern line of the county, and from thence along said line to the east line of the county, and from thence to the line of Franklin township, and from thence along said line west to the place of beginning.
Ordered by the court, That the boundaries of Fulton township be as follows, to-wit: Commencing at A. J. Whitehead's farm at the edge of the bluff and
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HISTORY OF FREMONT COUNTY.
thence along the bluff to the north line of the county, and from thence west to the Missouri river, and from thence along said river south to the line of Franklin township, and from thence along said line to the place of beginning.
These were the three original townships. The elections for Fulton township, were, by order of the county commissioners, held at Hol- loway's on the Wiscom farm; for Henry township at John Lakey's, and for Franklin, at Austin, the county seat.
THE COUNTY SEAT.
At the time of the organization of the county, the county seat, as has been stated, was at Austin in what is now Franklin township, about seven and a half miles south of the town of Sidney and comprised the north- east quarter of the southeast quarter of section 10, township 67, range 42, being the farm now owned and occupied by J. B. Brothers. Austin con- sisted of but one or two houses, the principal one of which was the store and residence of A. H. Argyle. In this building the county com- missioners met, and here the first term of the district court was " begun and holden." The proceedings of both of these tribunals, while of great future importance, were void of all pomp and circumstance and almost free from dignity. The county court was held in the store room of Mr. Argyle, that gentleman being clerk. The commissioners when in ses- sion occupied seats upon nail kegs or boxes, or upon the counter. Every- thing was done decently, however, and in order, and there were but few, if any, mistakes made either in legislation or in the execution of law.
But the glory of Austin has departed and the place that knew it once knows it no more forever. The re-location of the county seat was the weight that pulled it down-the wound that killed it. It was once known far and near as the capital of Fremont county, the old United States Gaz- etteer for 1849 so mentions it. There was a good road, at least a plain one, running through the place from east to west and one from north to south, and Mr. Argyle operated a ferry across the Nishnabotany, in those days the only one for miles on either side of the river.
The present site of the county seat was selected May 10, 1851. Dr. William Dewey was appointed by the commissioners to plat the town site, which, with the assistance of Henry Way, was finished May 27, 1851. Pursuant to an order of the commissioners the first sale of lots at the new county seat took place June 30, 1851, the first certifi- cate of sale bearing that date. The first lot sold was lot 5, in block E, and was purchased by S. Cromwell. The terms of the sale were as follows: .
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HISTORY OF FREMONT COUNTY.
" one-third in hand, one-third in six months, and one-third in twelve months." The name of Sidney was given the county seat by an order of the board of commissioners, which bears a date prior to the laying out of the town. The order may be found in book No. 1, of county records.
And thus was the county seat located. All the years that have inter- vened since that eventful day have witnessed many trials of human skill and ingenuity-usualy called law, but never properly justice. Fortunes have been lost, liberty taken away or restored, petty injuries righted, and sometimes,-must it be said ?- great wrongs have been perpetrated. But here, too, have infamous wrongs been righted and villainous projects defeated. The judicial records of Fremont county, in cases tried at Sid- ney, cover all the range of legal sin from petty larceny to murder. Le- gally, the present county seat is historic ground, and the wrongs it has righted in the past are but a tithe of what remains to the future.
ARGYLE'S STORE AND THE SEATS OF JUSTICE.
As has been elsewhere stated, the early courts of the county were held at the store of A. H. Argyle, in Austin, then the county seat. A descrip tion of this earliest seat of justice may prove both interesting and valua- ble, and, to insure accuracy, will be given the reader in the very language and form of the articles of contract under which it was built:
This article, made and entered into between Thomas R. King, of the first part, and Thomas E. Tootle, of the second part, both of the county of Atchinson and state of Missouri.
Witnesseth, that I, the said King, agree to furnish all the materials and build a hewed-log store-house 20 by 26 feet large, one story high, with shingle roof, a good jointed floor, two doors, two windows with shutters; counter on one side, and end shelving on two sides and one end, at the direction of the said Tootle six drawers under the base shelf of one side; to be ceiled overhead with good seasoned plank, or will be lathed and plastered, the house to be white-painted out and inside with lime and sand, the corners to be sawed down, the logs for the above building to face, when hewed, not less than 12 inches. Said building is to be finished complete for use, of good materials, and to be done in a good and workmanlike manner, by the tenth day of April next. For which the said Tootle is to pay said King one hundred and five dollars.
Given under our hand this 8th March, 1848.
THOMAS R. KING. THOMAS E. TOOTLE.
This building subsequently passed into the hands of A. H. Argyle, and its further history, as a court-house, is elsewhere shown.
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HISTORY OF FREMONT COUNTY.
THE FIRST COURT HOUSE.
For some time after the removal of the county seat from Austin to Sid- ney, there was no abiding place for Justice. The court met, frequently, in stores, or large still unoccupied business places, until such time as a build- ing devoted to its exclusive use should be erected. With increasing legal business, an influx of population, and changes in deeds and titles, a place where they might be permanently and securely kept became imperative, and measures were at once devised to secure the same.
The first action recorded in the records of the county bears the date of September 1, 1851. At a session of the board of county commissioners held on that day it was " ordered that a court house be built in the town of Sidney, in the county of Fremont, on lot No. 5, block G, 24 feet wide by 40 feet in length, two stories high, according to a plan and specifica- tions to be filed in the county judge's office on the 20th of September." A diligent search among the old records reveals no further trace of the " plan and specifications " than is here recorded, nor are there any further references to the building of the same in the record of the proceedings of the board. There is a single entry, at a much later date, ordering the pay- ment of a small sum to somebody in completing the financial portion of the contract.
The old court house was in some particulars a most unique affair. The structure was almost entirely formed of cottonwood lumber, which was all brought from Civil Bend. The court room was on the ground floor and comprised nearly its entire area. In the second story were six offices, devoted to the use of the county officers. Here the records were kept and here for nearly ten years the legal business of the county and of pri- vate litigants was transacted. The building stood on the court house square, or block G. It was sold and moved away by its purchasers when the new building was begun.
THE NEW COURT HOUSE.
While the court house built in 1851 seemed then suited to the needs of the county, and bade fair to remain so for many years, it soon became evident that it was not equal to the demands on it. The offices were few, and not over-convenient, the court room not large enough to always ac- commodate the crowds who sought admission-for it was made to sub- serve the place of a city hall-and a new one must be had. In pursuance of this idea the following election notice was caused to be posted in places where the public might easily see it and become fully advised of its con- tents :
-
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HISTORY OF FREMONT COUNTY.
ELECTION NOTICE.
Public notice is hereby given to the qualified electors of Fremont county, lowa, that at the regular October election to be held on the 13th day of said nonth, A. D., 1857, the following proposition will be submitted to them for their consideration, to-wit: To appropriate twenty-six thousand dollars of the swamp land fund in said county for the purpose of building a fire proof court house and bridges across the Nishnabotany river; one near the mouth of Camp Creek; the other at or near where the old French bridge formerly stood, and to inish the jail now under contract and in process of construction. Those who vote for the appropriation will place upon their ticket "for appropriation," and hose opposed will place upon their ticket "no appropriation." The election and eturns to be governed as in other general elections.
Given under my hand and seal of office this 11th day of September, 1857.
E. S. HEDGES, County Judge.
[SEAL.]
The election was duly held as appointed, with a most favorable result. t is not known whether the conjoining of the bridges with the court house scheme was done with a view to securing votes for the court house. The election notice, it will be observed, is of a most peculiar nature, and he bridges could not be voted without at the same time voting for the lew court house.
After the election, the election returns were certified as follows:
STATE OF IOWA,
COUNTY OF FREMONT. SS.
We the undersigned board of county canvassers, in and for the county nd state aforesaid, do hereby certify that we have this day canvassed the elec- ion returns of the several election precincts of said county of the election held n said county on Tuesday the 13th day of October, A. D., 1857, and find the esult to be as follows, to-wit: Whole number of votes cast for and against the ppropriation were five hundred and ten (510) votes, of which two hundred and linety-five (295) votes were cast for the appropriation, and two hundred and ifteen (215) votes were cast against the appropriation. It is therefore declared hat the appropriation for building the court house in Sidney and for building wo bridges across the Nishnabotany river is carried. In testimony whereof, we ave hereunto set our hands officially, and caused to be affixed the seal of the ounty court of said county at Sidney, this October 19th, A. D., 1857.
E. S. HEDGES, County Judge, M. R. SKIDMORE, Justice Peace, H. C. KINGBURY, Justice Peace. County Canvassers.
The financial history of the new court house has not been of the most areful character, as will be seen from the following brief facts:
Pursuant to the vote of the citizens and the declaration of the County Canvassers as above recorded, bids were made for the building of the
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HISTORY OF FREMONT COUNTY.
new house, and the contract let to Bassett, Dunham & Frazee, of Burling ton, Iowa. The specifications of the contract were of a kind that neces sitated a greater expense than was originally contemplated. The contrac price was $15,500; an advance of $1,500 was paid to one of the contract ing builders to enable the forwarding of material to commence the work The receipt was never acknowledged, and the person receiving it suc denly departed for regions unknown. During the progress of the build ing the contract was modified, which modification afterwards gave rise t a long and, to the county, disastrous law suit. It was claimed by the con tractors that the modification was to their detriment and in the interest c the county. The county, on the other hand, made the counter charg that by the modification its best interests were imperiled. The count: was sued, and, when the case came on for trial in the Mills county dis trict court, was beaten. A judgment was obtained against the county i the sum of $17,359.26. The settlement of the judgment was effected b a compromise whereby the county was to settle with the contractors i: swamp lands and county warrants. At an election held November 1860, the proposititon was submitted to the electors of the county wit' the following results, as stated in the election returns:
And there were six hundred and ninety-two ballots cast upon the proposi tion before the people at said election by proclamation in substance a follows, to-wit: Shall the County Judge of Fremont county, Iowa, b authorized to appropriate the proceeds of the Swamp land funds to the count indebtedness or to pay the amount of a judgment obtained in the district cour of Mills county, Iowa, at the August term of said court, A. D., 1860, the amoun. of said indebtedness being seventeen thousand three hundred and fifty-nine dol lars and twenty-six cents, ($17,359.26) by balance on judgment. bills of accept ance, which judgment was obtained in favor of Bassett, Dunham and Frazee, and against Fremont county, State of Iowa. There were in affirmative of said proposi tion five hundred and ninety-eight (598) votes cast; and against said proposition, ninety-four (94) votes cast. The affirmative of the proposition having receiveq the greatest number of votes cast on that proprosition we therefore hereby. declare it adopted; and that the county judge is by said affirmative vote author ized to make such appropriation.
In witness whereof we have hereunto set our names officially, and caused the seal of the county court of Fremont county to be affixed at Sidney, this 8th day of November A. D., 1860.
S. B. FROST, County Judge, MILTON RICHARDS, Justice Peace, County Canvassers.
FRED. RECTOR, Justice Peace.
And thus was adopted another proposition, ambiguous in wording anc of double meaning. It may be of interest to note in a tabulated form the amount actually expended on the present court house, proving it to be
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HISTORY OF FREMONT COUNTY.
not a monument to justice only, but a memento of faulty financial policy, or perhaps even worse:
Moneys in advance $ 1,500.00
Contract price. 15,500.00
Amount of judgment 17,359.26
Attorney's fees and other costs
5,000.00
Total $39,359.26
It is by no means probable that if all the facts in the case were known he above financial recapitulation would include all that this new court house has cost the county, by direct and indirect financial management.
The peculiar form of the building is well known to the inhabitants of he county. The structure is large and commodious, and from the sum- nit of the tall tower which graces the southern elevation a most beauti- ul view may be had.
The following may properly be included under the history of this remarkable building, though its belligerent tone and martial spirit seems :o savor of war history rather than any that could possibly pertain to a seat of justice.
On the 10th day of November, 1863, an attempt was made to blow up the court house with powder, in the evening of that day. Some thirty pounds of powder was placed in a common grain-sack and fired about seven in the evening. The explosion was simply tremendous, resulting in the utter destruction of every door and window in the building, tearing up the floor of the second story and demolishing a portion of the roof, cracking the heavy brick walls and rending the great tower. The dam- age done was great and cost the county over two thousand dollars to get repaired. The theories of the cause leading to the attempt were both numerous and diverse, and it was some time before the real truth became known, and then known only to be suppressed. It was during the excite- ment contingent on the explosion, and the fear aroused thereby that the following military communication was penned and transmitted:
SIDNEY, FREMONT COUNTY, IOWA, November 11, 1863. 5
N. B. BAKER, ADJUTANT GENERAL OF IOWA: Dear Sir :- Although perhaps not by way of an official report, I deem it my duty to lay before you events as they have transpired in this county since the killing of the Provost Marshal, of which you have official notice. This happened on the 31st of October, and was undoubtedly perpetrated by guerrillas or bushwhackers. Believing from what I thought reliable representations, that other persons of the same class had been in different parts of the county, and it being the general impression that they were spies for the purpose of ascertaining where a successful raid might be made,
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HISTORY OF FREMONT COUNTY.
I felt it my duty to detail Captain Hoyt with ten men to patrol the county, (to small a force) with directions to throw out pickets at night along the principa roads. On the night of the 7th inst., (Saturday night) the pickets on the wes of town were attacked by five or six men, (the night being dark) and fired on The firing was rapid. The pickets returned the fire, and gave the alarm. The enemy retreated, pursued for about half a mile, and took shelter in a thicket o brush in the west side of the town and escaped. They were mounted. I wasa the time, and still am, at a loss to know whether this attack was made by guer rillas or by evil minded men in the county. In either case it shows an unhappy state of affairs.
On the 10th, yesterday, two horses were reported stolen within sight of town and on the night before that men were seen skulking in the bushes, but no reported in time to secure them. Last night before nine o'clock, the splendid court house, which cost the county $36,000, and the best building this side o Des Moines, was blown up with powder placed in the hall. The building is & wreck. I at once directed Captain Hoyt to send his men in connection with the civil authorities, to search out and secure the guilty parties, and to guard the house until the public property, records, &c., could be secured. Again I do not know whether this act was done to plunder the Treasurer's safe or to destroy the town for had it taken fire nothing could have saved the entire business part of the town from destruction. The treasurer's safe is found undisturbed. The people ask for a detail of more men for duty, but as yet I have but ten on duty desiring the citizens to depend more on themselves. I would like your views on instructions, as to keeping men, and how many, on duty, under circumstances as they exist in this place. Unless the state of things imperatively demands my presence here, I will start on Monday next for a tour through my district for the inspection of arms, under order 126. Very respectfully,
E. H. SEARS, Lieut. Col., A. D. C. to Governor.
The real motive for, or persons engaged in the distruction of the build- ing, will probably never be known. Among the theories advanced, but one has the semblance of probability, while the others may have been barely within the limits of possibility. It was thought, as Col. Sears' let- ter to the adjutant general would indicate, that the work was done by some enemy to the union cause. It afterwards happened that suspicion was directed to some members of the home guard as being immediately concerned in the attempt. The real reason, however, would seem to be sufficiently apparent to any person whose interest in the matter is great enough to warrant a thorough investigation into the earlier records, both legislative and financial, that were destroyed or supposed to have been destroyed, about the time of the attempt. While peculence and dissimu- lation are not charged upon the early county officials, it may be plainly and unequivocally stated that the records, as has been elsewhere stated, are in the most unwarranted, dilapidated and imperfect condition. It is a
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HISTORY OF FREMONT COUNTY.
matter of absolute impossibility to find records on which the entire county superstructure rests, and which would greatly expedite the work of the present worthy officials if at their disposal.
THE FIRST DISTRICT COURT.
The first district court held in the county was by Judge William McKay, who was then a resident of Des Moines, that being the political center of the fifth judicial district, to which Fremont then belonged. To insure no error hereafter, it has been deemed proper to transcribe the record in full, which is as following:
1
JUNE TERM, 1850.
At a District Court, begun and held at the house of A. H. Argyle, in Fremont county, in the state of Iowa, on Monday, the 24th day of June, 1850.
Present, the Honorable William McKay, Judge of the 5th Judicial District, in and for said state.
The following proceedings were had, to wit:
The grand and petit juries having been called, and there appearing to be no business requiring the further attention of either jury, they were therefore dis- charged by the court.
JAMES P. BURNS
vs.
Bill for Divorce.
CHARLOTTA BURNS.
Now at this time comes the complainant, by his solicitor, and it appearing by the bill that the defendant is not a resident of the state of Iowa, it is therefore ordered that the said defendant be notified of the pendency of this suit by publi- cation according to law, and this cause is continued until next term.
James Sloan produces in court his declaration of his intention to become a citizen of the United States of America, and also produced satisfactory evidence to the court that said James Slcan has resided in the United States for more than five years, and within the state of Iowa for more than one year last past, and it further appearing to the satisfaction of the court that during that time he has behaved as a man of good moral character, attached to the principles of the constitution of the United States, and well disposed to the good order and hap- piness of the same.
Thereupon the said James Sloan came into open court, and was duly sworn to support the constitution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state or sovereignty whatsoever, and particularly Queen Victoria, present Queen of Great Britain and Ireland, whereof he was before a subject.
Now at this time comes James Sloan and produces in court a license from the
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HISTORY OF FREMONT COUNTY.
supreme court of the state of Iowa, to practice as an attorney and counselor at law.
Whereupon the said James Sloan came into open court, and was duly sworn to support the constitution of the state of Iowa, and that he would faithfully demean himself as an attorney and counselor at law to the best of his abilities.
Ordered, that court adjourn until next term.
WILLIAM MCKAY, Judge.
Thus from the records it appears that no cases of sufficient moment to detain the jury were on the docket of the first district court-a feature, alas, never in the history of the county repeated.
The divorce case of James P. Burns vs. Charlotta Burns was brought up at the next term of the district court, held in May, 1851, by Judge James Sloan-him, who had been naturalized and admitted to the bar but a sin- gle year before. After hearing the evidence Judge Sloan ordered that " a decree be and is hereby granted in accordance with the prayer of the peti- tioner," and they who had once become as one were officially and legally made twain again.
The following were
THE FIRST JURORS.
The first jurors were appointed by the county commissioners, Febru- ary 4, 1850, and comprised the following named gentlemen:
GRAND JURORS.
Jacob McKissick, Giles Purman, Elliott O'Neal, S. C. English, Chauncey Cowles, T. L. Buckham, James Bobbett, John Gordon, Benjamin Rector, Robert Gordon, Sr., Elijah Frost, George Lacey, Richard Iler, John Hughes, David C. Study, William Wolfe, John Ellis, Rufus Peck, Wil- liam Lambert, Sr., Robert Quigley, Benjamin Bowman, Robert Russell. and George W. Wilkinson.
PETIT JURORS.
Daniel McKissick, Henry Watts, M. K. Skidmore, James Werk, R. C. Gordon, C. C. Fugate, John C. Scott, Jeff. Wade, G. B. Ridd, William M. Lovelady, Uriel Simmerman, William Donahue, William Friend. George Friend, William Frost, Martin Ewell, E. B. Gaylord, G. T. Jones. William Clark, Achilles Davis, Abraham Creamer, G. B. Gaston, Davic Near and Eli Slusher.
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