History of Hardin county, Iowa, together with sketches of its towns, villages and townships, educational, civil, military and political history; portraits of prominent persons, and biographies of representative citizens, Part 50

Author:
Publication date: 1883
Publisher: Springfield IL : Union Publishing Co.
Number of Pages: 1002

USA > Iowa > Hardin County > History of Hardin county, Iowa, together with sketches of its towns, villages and townships, educational, civil, military and political history; portraits of prominent persons, and biographies of representative citizens > Part 50

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At the May term, 1859, of the District Court of Hardin county, Isaac Moore procured an entry to be made upon the records of the Court, of the 'filing of his affidavit in relation to the election and returns of Pleasant, of its refusals by the county, and that he, by his counsel,

excepted. He thereupon appealed to the Supreme Court. On its presentation before the latter body, the appeal was dismissed.

Prior to this appeal of Mr. Moore, and at the June term, 1858, John Van Houton applied to the Supreme Court for a writ of certiorari to the District Court of Hardin county, for the purpose of bringing up and setting aside the first proceedings upon mandamus, under which the- re-canvass was had. The writ of certiorari was issued, duly served, and return made thereto; and at the December term, 1858 of the Supreme Court, the writ was quashed.

Upon the remanding of the cause ap- pealed by VanHouton to the Supreme Court, in which he took exceptions to the answer of J. W. Jones, County Judge, why he should not remove the offices of the various county officials to Point Pleas- ant; Ellis Parker, the successor of Judge Jones, was made defendant, and he set up as his return the proceeding under the first alternative writ of mandamus, and the re- canvass made pursuant to it, as a course why he should not remove the county seat to Point Pleasant. The District Court, Judge Porter presiding, held the answer sufficient. From this decision VanHou- ton again appealed to the Supreme Court, and the judgment of the District Court was affirmed, the Supreme. Court holding that the judgment of the District Court upon the first mandamus proceeding was binding, and could not be impeached collaterally.

When this decision of the Supreme Court was made known, a suit in equity was brought in the District Court of Har-

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din county, in April, 1863, by Isaac S Moore and Thomas J. Sheldon, against John Alderson, John W. Jones, Ellis Parker and Joseph Edgington, setting forth the previous proceedings, and charg- ing that the judgment in the first manda- mus proceeding by which the vote was re- canvassed, was obtained by collusion and fraud of the parties thereto, and asking to have the same set aside; that Point Pleas- ant be declared the county seat, and the county offices, books and papers be removed thereto.

· When the case was called in the District Court, Hardin county, the plaintiffs, Moore and Sheldon, asked that a change of venue be granted. The venue was changed to Grundy county. The plaintiffs afterwards filed an amended petition against the same defendants, Alderson, Jones, Parker and Edgington, and the Board of Super- visors of Hardin county, setting forth substantially the same facts. A motion for a change of venue was made by the defendants first named, on an account of the prejudice of the judge, which was overruled . The Board of Supervisors refused to become a party to the defense, and default was entered against them. After hearing the case, the District Court adjudged Point Pleasant to be the county seat, and ordered the removal of the offices thereto. From this decision Messrs. Alderson, Jones, Parker and Edgington appealed to the Supreme Court

This cause was heard at the July term of the Supreme Court, Judge Cole reading the decision. The decision of the judge is here given in full as found upon pages 361, 362, 363 and 364 of the 25th Iowa Reports:

"We do not stop to notice the numerous points made by the appellants [Alderson, Jones, Parker and Edgington] for the reason that, upon the merits of the case, as presented, we must reverse . this judg- ment. The object of this action is to set aside as fraudulent, the judgment of the District Court rendered in the Alderson case, the first mandamus proceedings, by virtue of which the re-canvass, declaring Eldora the county seat, was made. But for that judgment the plaintiffs [Moore and Sheldon] might, for aught that ap- pears, have had a complete remedy by their mandamus against the County Judge to remove the offices, etc. The gist of this action is to procure a judicial declaration that the judgment is void. It was held by this Court in ' The State ex rel Van- Houton v. the County Judge of Hardin county, 13 Iowa, 139, ' that the judgment was not void on its face and proceedings, and the Court say, per Baldwin, Chief Jus- tice, 'that, without determining whether the Court erred in issuing the writ of man- damus in the Alderson case, that is, whether there was such a state of facts shown as to justify the interposition of the Court, or, whether the relator and the canvassers col- luded together for the purpose of dis- franchising the voters of a portion of the county, or whether the return to the writ was inade in bad faith by said board or otherwise, it is sufficient to say that the Court had the power to compel the board to re-canvass, and its order to this effect is not a nullity. It cannot, therefore, be claimed that the issuance of the writ in the Alderson case, the return of the can- vassers, and the judgment of the Court thereon is void. It is a matter over which

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the Court could take jurisdiction. It is the judgment of a court of general juris- diction, and as long as such judgment stands unreversed it is binding, and cannot be attacked in a collateral proceeding.'

"The judgment and proceedings in the Alderson case were all before the Court in the case quoted from, and were in that case claimed by the counsel to be void; and the judgment therein may well be held to be a judicial determination that the proceedings and judgment themselves do not authorize the conclusion that they are void for fraud, want of jurisdiction, or other thing. This action was therefore brought to set the same aside for fraud aliunde, but the proof fails to show the fraud. Indeed, upon the subject of fraud there is not a word of proof, unless it be the bare fact that all the parties lived in Eldora, and a part of them owned property there. These facts might show a motive to fraud, but they do not show fraud-cer- tainly not sufficient to set aside the solemn judgment of a court of general jurisdiction. Fraud is alleged in the petition; it is de- nied specifically and fully in the answer; the answer is verified by two of the defen- dants; the burden of its proof was upon plaintiffs, and in the proof thereof they have failed. That is the end of their case.

"It is true the counsel for plaintiffs has argued with unusual acumen and ability, that from the proceedings themselves it is apparent there was a fraudulent combina- tion and purpose. But this proposition was decided against in the case quoted from, supra, and the learned District Judge who tried this cause does not find that fraud has been proved, or even ap- proximated; but he finds 'that the second

canvass and rejection of the vote and re- turn from Pleasant Township, was without legal authority, and that the certificate issued on such re-canvass or second can- vass, was improper and wrong, and must be set aside and declared null and void.' The District Court which adjudicated the case, decided that it had legal authority 'to and did make the order or judgment;' this Court has, at least once, decided that the District Court has legal authority to make the order, and because it had legal author- ity to so order and adjudge, this action was brought to set it aside. It is hardly competent, therefore, for the District Court to hold otherwise.

"The proof shows that the judges and clerks of the election of Pleasant Township were residents, and some of them property holders there, and therefore interested in the returns made by them; it also shows that after the poll-book was sealed up and delivered to one of the judges of election, to be carried to the County Judge's office, and on the day after the election, it was broken open and certain alterations made -- one or more leaves cut out, and one, at least, inserted; but the proof fails to show that such alterations changed the result. If we were to indulge in the same latitude of presumption of fraud, from the bare proof of motive and opportunity for it, as urged by counsel in argument, there might not be much difficulty in arriving at the conclusion that the rejected poll-book was so altered as to change the result, if not justify its rejection entirely. But this we will not do.

"Without saying that we might not come to the same conclusion, aside from the question of previous adjudication, as

J. Q Irvin

HISTORY OF HARDIN COUNTY.

403

did the learned Judge who tried the cause in the District Court, we hold that the plaintiffs have failed to prove that there was fraud in obtaining the judgment which they assail; and for this reason the judg- ment of the District Court is reversed,

and the petition dismissed absolutely." Thus ended the long contest-a contest lasting from April 9, 1858, to July 23, 1868. Eldora was decided the county seat, and as such remains to this day.

CHAPTER XIII.

REMINISCENCES OF THE PIONEERS.

In this chapter we give the personal ex- periences and recollections of some of the pioneers of Hardin county. These articles are written or related by the pioneers, and, when written, the compiler has in no case attempted to change the style of the writer, it being the design to show the peculiarity of the writer as well as to record the facts narrated. The expressions of an individ- ual in writing show his character and pecu- liarities as much as his features painted upon canvass, or printed from steel or stone. These reminiscences are interest- ing and worthy of perusal.

By Samuel Smith.

In company with father and mother, I left Keokuk county with my family on the 6th day of May, 1850. We had one span of horses and a wagon, three yoke of cat- tle. We landed in Hardin county on the

10th of May, and stopped on a claim owned by my brother, in what is now Union town- ship. We put in a few acres of corn on land that had been broken the year before. I then located a claim about three miles south of the present town of Eldora; broke a little land and put it in sod-corn, at the same time camping in my wagon. In the fall of 1850 I built a double log cabin on my claim; split clap-boards and covered it. I split and hewed out slabs and made floors.

That fall, in company with my father, I went to Dubuque for the purpose of buy- ing some land and getting provisions for winter. On coming back we aimed to cross the prairie from Cedar river to Iowa river. The second day, it being cloudy and drizzling rain, we got lost, and were three days without provisions for ourselves or feed for our team, and were two days

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more in getting home after we got across the Iowa river. '

That winter we lived on our claim, our nearest neighbor being Jacob Miller, six miles distant. During the fall and winter I occupied myself fishing ; killed some deer and wild turkeys, and made rails to fence my farm. I had brought some hogs and sheep with me. The hogs got fat on acorns, and made our meat. My wife brought her wheels, and in the spring I sheared my sheep, had the wool carded, and my wife spun it into yarn. I then went to the timber, found a nice walnut tree that had been down some time, chopped it off, split it in slabs, hewed it, dressed it up and made a loom. My wife then wove the yarn into eloth, and made clothing for ourselves and five children. I don't know but what the loom I made is in use yet.

The summer of 1851 was known as the "wet summer." Some time in the month of April of that year, Jonathan Conger and his son-in-law, Dr. Robert Parker, moved from Illinois, and moved into the house with us until he could build. On the 10th of May we had a warm, heavy rain. The Iowa river rose out of its banks, and was not fordable again until some time in August.

Some time in May a man by the name of Jacob Rice moved from Illinois to Iowa. He came to the South Fork, at what is now Gifford. His brother, a young man, came with him. The river was very full; in fact, it was all over the bottom, nearly a mile wide, and no one lived anywhere near. His brother stripped off all but his shirt and pants, and swam over. He came to my house without hat or boots. I met him that morning in the path, and was

surprised to know where he had sprung from. He wanted help to get across the river. Mr. Conger and myself were all that lived on this side of the river. We had dug out what we called a canoe, for the purpose of crossing the river. Parker and I got the canoe, went down the main river to the South Fork; went up the South Fork to where Rice was, and boated his goods all over in that little boat, and swam his team across by the canoe. We. hauled him to my house, where he stayed for some time.

For six weeks during the months of June and July, about all we had in the way of bread, was obtained by taking our little canoe down the river to the settle- ment on the other side; get a little corn and then turn our canoe up the river; get our corn home, place it in a hopper dug out in a log and pound it; then get the finest of it, bake a hoe cake and make hom- iny of the balance. Rice was a great hunter, and deer were quite plenty. He would kill a deer every once in a while, and we would do as the Indians did-dry the hams by slicing them up and drying them over the fire, and have meat and bread, both of them.

Some time in July we got another boat and Rice and I concluded we would try and find a mill where we could get our corn ground. We heard there was a little mill at Cedar Falls in what is now Black Hawk county. We swam my team by the canoe a quarter of a mile to get across the river, then got our canoes side by side in the river and run the wagon on them. They were just wide enough to let the wagon straddle them and hold them together. In that way we boated the

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wagon across the river. We then struck out across the prairie forty miles without any road or any thing to go by, except the land had been lately surveyed, and we could tell by the section corners what town and range we were in. We found the mill, but could get no grinding done. The high water had washed out a portion of the dam. So the next day we procured a lot of stakes and started back and staked out a road that was afterward traveled a number of years.

Some time after that we went to the mill again, and found there had been sev- eral wagons that followed our stakes, and found some half dozen or more from the lower settlement, and some from Marshall county were there, but the mill was not yet running; but they said that if we would all go to work and help put in the dam, they would board us and grind our grist when it was fixed. So we went to work, camped out without any tents on the bank of the river, and worked, I think, some six days to get the water stopped so they could grind, and all they charged us for our work was to toll our grain.

Another little incident I will relate. Near the river, about two miles above Eldora, there were quite a number of holes that had been dug some eight feet deep, and covered over with poles or logs. Sometime during the gold excitement, I one day took my gun and concluded I would go and clean out, one of the holes, and see what I could find. So I found one that looked rather favorable and laid my gun down near by and went down in the hole to see what I could find. I had not been down there very long before I heard

something up above me say "Quit, quit." I looked up and there was an old turkey gobbler looking down at me and saying "Quit." So I took him at his word, quit, crawled out, but before I could get my gun his turkeyship had fled. That ended my prospecting for gold.

Returning to the summer of 1850: I had been back to Keokuk county, in this State, and on my return I found my folks and all in the neighborhood had packed up, and were ready to leave and build a fort some place for fear of the Indians. The Indians were then camped at what was called Indiantown, some thirty miles below on the Iowa river. Some five, or six hundred Indians had then put in, in small patches, quite an amount of corn and garden truck, and some of the whites there had got mad at them and reported to the Government agents that the Indians had been stealing and doing some mis- chief, and wanted them removed; so they were ordered by the agents to leave against a certain time or they would re- move them. So it was reported that the Indians said that they wouldn't go, and if the troops attempted to move them they would scatter out and murder all the settlers; and word actually came that they had killed Kidwiler's family, and that they had killed and roasted his oxen. So nothing would do but we must go to some place of safety. We hitched up and left; went down to uncle Jimmy Miller's, in Marshall county. He had quite a house, and what was called double corn-cribs. We all camped there for the night. That night we had plenty of music. The dogs barked, the children cried, the mosquitoes sung, so the Indians would have been

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frightened had they been around. But there were no Indians came. The next morning I got a horse, went down to Indiantown to see what the Indians were doing. I found them there apparently enjoying themselves at their favorite games. I asked them if they were going to leave. They would say "No leave;" but I could see that some of the leaders were packing up and going away, and that there was no possibility of their doing any mischief. So I returned back, and on my way back the next day I met Mr. Kidwiler going down to Iowa City after provisions, with all his oxen hitched to his wagon. He had not heard anything of the scare, and laughed about it and went on. His family were left all alone. I got back, hitched up, and went back home, satisfied that we would rather be at home and run the risk of the Indians than camp there any longer So ended the Indian scare.

INDIAN SCARE.

By Eli C. Mossman.

One of the most exciting as well as amusing events occurring in the early settlement of the county was the great Indian scare on Tipton creek, in Pleasant township, in the summer of 1854. It appears that the Musquakus, a tribe of Indians, then as now inhabiting this State in the vicinity of Tama City, had been up in the vicinity of Clear Lake on a hunting trip, and while there had, in a difficulty with a party of Sioux Indians, killed one of their number, and at once beat a retreat toward their homes, closely pressed by enemies, who were intent on avenging the death of their comrade; but, although

they followed nearly down to where Mar- shalltown now , stands, they were unsuc- cessful in their chase coming, and return- ing they traveled in small squads, and their appearance caused a great deal of uneasiness among the sparsely settled dis- tricts through which they passed, and all sorts of rumors were given credence by the more nervous inhabitants. There was a family living at what was called Burr Oak Grove, in Ellis township, by the name of Snyder, and near them another family by the name of Allen, the husband, at the time of this occurrence, being away after provisions for the family. One day during this period Mrs. Allen, while out in the garden picking beans for dinner, heard shooting in the direction of the Snyders, and at once coming to the conclusion that the Indians had attacked them, she dropped her pan, and hurriedly gathering her family together, consisting of five children and a hired girl, she grabbed up the youngest, a heavy year-old boy, and com- menced a break-neck march for the lower settlement on Tipton creek, where, ten miles away, Mr. Eli Mossman lived. On the way they passed by the cabin of a Mr. Keith and gathered his family into the stampede. It so happened that Mr. Keith was down at Mossman's that day, and he and Mr. M. were out in the field together. As the Allens and his own family hove in sight out on the prairie, Mr. Keith happened to look up and see them, and was at once struck with the impression that it was Indians, and ex- claiming that his family were killed, he started on a wild race for the house, Mr. Mossman following as fast as he could, and trying to get him to stop until they

HISTORY OF HARDIN COUNTY. 407

could further investigate the matter; but his panic was complete, and passing the house he rushed by Mrs. Mossman, who was down on the creek washing, telling her the dreadful news, and, as was natural, throwing her into a state of great excite- ment. From here he passed on to the cabin of an old Quaker, and arousing him from a quiet snooze he quickly secured his rifle, and together they dashed over a short distance to a barn where were four or five men playing cards. The story was soon told, and by this time was that Mass- man and his family were, if not already killed, in great danger. Among the men at the barn was a young man named Oliver Phillips, who, catching the infection, jumped upon his horse, which was grazing near by, and then commenced one of the most reckless rides on record. Lashing his beast with his old hat, he shouted out the friendly notes of warning to all the settlers on Tipton creek, not stopping till they and the residents on the South Fork were apprised of their danger. The excite- ment was intense, and by night nearly all the able bodied men of the settlement were gathered together, armed and ready to protect their homes and families from the foe. The women were congregated at Mossman's for the night, while the men took up their position at the house of a Mr. Biggs, a rough Kentucky specimen of a backwoodsman, who had assumed the leadership of the warriors, having donned a fantastic looking cap made of common bed-ticking for the occasion. This house, ever after that memorable night, went by the name of Fort Biggs; but the longer they waited the longer it was until the enemy appeared, and it began to dawn

upon the minds of some that the whole thing might prove a gigantic hoax.

We will now go back and see what be- came of the Mossmans. After Keith had disappeared, Mr. Mossman, who, by this time, had gotten a little nervous aroused himself and hastened down to where his wife was, who was nearly frantic with anxiety and fear, to try and quiet her, which he soon succeeded in doing, and, after taking up a position, awaited devel- opments. The party seen on the prairie had separated, part coming directly to ward his place and part toward Dr. Kisings, which looked a little suspicious. The party coming his way, however, proved to be Mrs. Allen and family, who, being questioned, reported firing in the direction of Snyder's, and, although she had seen no Indians, was sure it was them doing the shooting. It eventually turned out that the shooting was merely the Snyders firing off their guns and pistols preparatory to a clean-up for a hunt the next day, and many was the jest and sally and laugh that went around as the actions of different individuals were reviewed in the light of subsequent developments. Mr. Mossman's brother, George, was at the time living with him, and happened at the time to be afflicted with very sore feet, and was thrown into quite an excitement as he cogitated on the probabilities of the result if it came to a forced and no doubt speedy retreat; and it was undoubtedly a more serious matter then than it was later; he, however, armed himself with an old pistol (which, by the way, would not stand cocked) and a butcher-knife, and boldly waited for the attack .

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By Isaac Lesh.

We landed in Iowa, at Dubuque, from Indiana, about the first of May, 1853; trav- eled across the country before there was any railroad thought of in Iowa, in a two- horse wagon, on bad roads, through deep streams, with various little mishaps, till we got to Cedar river, at Cedar Falls, where the ferry-boat was sunk. I had my choice, to remain a week, till it could be raised, or cross in a canoe, leaving my wife and team on the east side, and take it afoot and ex- plore the country on the Iowa river. Not being willing to be idle I chose the latter course. I came out and selected a place, went back, got safely over the Cedar river, and came out a few miles, as far as it was settled; stayed all night; started next morn- ing. It soon began to rain and snow, about half and half, with a western wind. This we had to stand all day, expecting every little while to mire down, so wet was the ground; but toward evening we got to where I remembered some places, not many miles east of the lowa river, when it became dark. Here I got out of the 'wagon and walked ahead of the team, my wife driving, to be able to keep the road and look for bad roads; but, fortunately for us, we did not mire down, as we must have perished that wet, snowy night if we had, without fire, and we could not have had any; but way in the night, when Buck- ners were all in bed, we got there, nearly frozen, and too tired and cold to think about supper. Next day we crossed the Iowa river at Zenia. The river being full, we had to take our goods out of the wagon and ferry them over in canoes, and then swim the horses by the side of a canoe, and last of all ferried the wagon on two

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History of Hardin county, Iowa, together with sketches of its towns, villages and townships, educational, civil, military and political history; portraits of prominent persons, and biographies of representative citizens, Part 50

Author: Publication date: 1883 Publisher: Springfield IL : Union Publishing Co. Number of Pages: 1002

Author:
Publication date: 1883
Publisher: Springfield IL : Union Publishing Co.
Number of Pages: 1002