USA > Iowa > Jackson County > History of Jackson County, Iowa; Volume I > Part 60
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HISTORY OF JACKSON COUNTY
"Brown was moved by the appeal thus made to him ; but he had taken his stand, and to go back on those who had been his accomplices in crime was more than he choose to do, so he frankly told Moss he might proceed to re- cover the horses in either a civil or criminal action, and that he would defend his rights by every means in his power; that he was prepared to prove con- clusively that the property in controversy was not the property of Spencer at all, but had come into his possession as he before had stated. The bold and decisive stand Brown had taken left Moss at sea, without a compass to direct his course in the impending action for the recovery of the horses. He well knew that Brown could prove anything he wished, and would have no diffi- culty in swearing the rightful owners out of their horses, as he had often done before in such cases. To commence an action of replevin was equally as much of a difficulty to surmount as any other kind of an action, for then Mr. Spencer would be compelled to give bond for twice the value of the property in dispute, and his being an entire stranger made this impossible, as he could not give the required surety.
"There were many who would have been willing to aid him if it had not been for the fear of vengeance from the hands of the gang which surrounded Brown. Thus matters went on until they came to a legal test, when Brown triumphed. Baker was loud in his denunciation of Brown, and frankly told him that his name was an infamous one all over the State of Illinois, for harboring a gang of horse thieves, robbers, counterfeiters and murderers about his premises, and that he would return to procure means which, on his return to Bellevue, would enable him to not only replevin the horses, but, if necessary, to hang him and his bandits.
"The utterances of these bold threats brought Fox and five or six others of the gang to their feet with drawn pistols, demanding a retraction of these words or blood. I shall never forget Baker's look at that moment. He was a brave and determined man, his courage bidding defiance to his enemies, who now surrounded him. He stood for a moment with his deep, penetrating eyes fixed upon Fox, and scanning him from head to foot, said: 'I know you, Fox, and a more honorable, upright man than your father don't live; but you are a degenerate son of a noble sire, unworthy of bearing his honorable name. Were I armed, I would not fear a host of such scoundrels. As it is, take my life if you wish. I retract nothing.'
"The sudden and unexpected uprising of Fox and his associates with drawn pistols, took everybody by surprise. All seemed spellbound for a time, standing like so many statues, incapable of motion, not seeming to realize the danger Baker was in until Fox lowered his pistol on a level with Baker's breast, saying, as he did so: 'Baker, I can pay you the same compliment you have done me. Your father was an upright man, but he has raised a son who is a disgrace to his name, and nothing but your low cunning has saved your neck from the halter until now.'
"After the exchange of these doubtful compliments and considerable bravado from both parties, Fox and his companions left without doing any other acts of violence. Baker and Fox had been raised from their boyhood together in Indiana, where their fathers lived as well to do farmers. Baker was some eight years Fox's senior, and had left home for the lead mines at Galena as early as 1832, and was known throughout the mines as an energetic 'go ahead' sort of a fellow, who never became frightened over trifles of danger.
"Baker and Spencer, finding that justice was a rare commodity in Bellevue, concluded to return to their homes, as further efforts to secure their horses would only involve them in costs, and even if they should succeed, their suc- cess, like the Indian's gun, would cost more than it came to.
"On the evening of their departure, Mr. Graham, who was a very upright, honorable man, took Mr. Spencer aside and told him he was satisfied the horses were his; and if he would pay fifty dollars-the amount which Mr. Graham had
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HISTORY OF JACKSON COUNTY
paid down-and give his indemnity for a note he had executed to Brown for one hundred and fifty dollars for the horses, he might take them. This arrangement being satisfactory to all parties, the necessary papers were drawn up and the horses delivered to Mr. Spencer. Public notice was then given, warning all persons from purchasing the note, as it was for no consideration.
"This ended the matter for the time, the first parties feeling happy at their final success, and Mr. Graham thankful that the rightful owner was in posses- sion of his horses. The citizens generally participated in this feeling, and all were happy except the confederates of Brown, who at once could see the light in which the community regarded them ; and if there were any who were pres- ent at the trial who had any doubt as to the organization of this band of out- laws, after hearing their villainous testimony and contrasting it with the frank and positive statements of both Baker and Spencer, such doubts were imme- diately removed.
"Many of the citizens had become despondent, and were now offering to sell their property at a great sacrifice, feeling themselves unsafe to remain in a community where the law could not be enforced.
A GENERAL ARREST PROPOSED.
"Messrs. Anson Harrington, John T. Sublett, William Dyas and myself were appointed a committee to confer with James Crawford, prosecuting at- torney, and T. S. Wilson, the district judge of the territory. This committee waited on Messrs. Crawford and Wilson, at Dubuque. Both of these gentle- men were quite familiar with the depredations committed throughout the coun- try, and the utter impossibility of bringing the desperadoes to justice. It was only a few days before this committee went to Dubuque that Fox and Trass were arrested for robbing a traveler who was coming from Dubuque to Belle- vue. The usual dodge, that of proving an alibi, had been resorted to, and al- though Mr. Crawford himself had been at Bellevue, and prosecuted the case, he was obliged from the testimony to abandon the suit, notwithstanding they were perfectly identified by the man who had been robbed.
"The consultation held in Dubuque resulted in the drawing of an informa- tion charging W. W. Brown, William Fox, Aaron Long and twenty others, as confederated together for the purpose of thieving, passing counterfeit money, robbing and committing other depredations, to the great injury and annoyance of the community in which they lived, and to the detriment of the public in general. The information was drawn up by Mr. Crawford, and sworn to by Mr. Amos Harrington. The warrant was issued by Charles Harris, a justice of peace, then living near where the town of Fulton now stands, and was placed in my hands for service. By some means, Brown had heard of what was up, and when I came to town defied me to arrest him or any one else that was named in the warrant. While reading the warrant to Brown, his whole force flocked around making bitter threats, and for awhile I doubted whether I could get off without receiving some injury from the infuriated mob which sur- rounded me. Brown appealed to them, however, that I was only in discharge of my duty, and that the man who filed the information against them should be the one to wreak their vengeance upon. As the warrant set forth, the in- formation had been filed by Anson Harrington. This fact being made known to Brown, with a bound and a yell which I shall never forget, for they were more like demons than human beings, they left me alone with Brown and went in pursuit of Harrington. As soon as they had left, Brown told me Harrington was in danger, saying the boys had been drinking, and that he was fearful of the consequences if they should come in contact with either Harrington or myself. Also, Brown's wife had informed Harrington of the condition of af- fairs, and had prevailed upon him to leave town for the present, which he had immediately done, and was at that moment on the opposite side of the river.
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HISTORY OF JACKSON COUNTY
He asked me to leave at once, saying that he could not be responsible when they returned from their disappointment as to Harrington, and that if I re- garded my life as worth anything, to be off at once. I saw from his trembling lips and excited manner that he meant all he said. While hesitating, hardly knowing what to do, Mrs. Brown came running into the room, took me by the arm without a word, and hurried me to a door leading to the back of the house, saying to me, 'Run for your life; they are coming to kill you.' I did not wait for a second bidding. Being light of foot, a few bounds brought me out of their reach and the sound of their yells and oaths. That night was the most turbulent of any night of carousing that was ever held at Brown's house. Mrs. Brown, for her own safety, and to get out of hearing of the vulgar songs and disgusting oaths, sought shelter at the house of J. K. Moss. Brown himself was anything but comfortable, but was compelled to abide their company. Drunken men, whom he had made his equal and confidants, were not to be re- buked; it mattered not how disgusting and deprecating their conduct. The following evening, I addressed a note to Brown, requesting a private interview, and sent it to him by John T. Sublett. He received Mr. Sublett kindly, and stated that he had no objection to an interview with me, and so far as he was concerned would willingly surrender himself and abide the decision of the law, if that would satisfy the warrant. But the rest of them had sworn they would never be taken alive, and as they were all charged equally with crime he would have to stand by them, and if taken it would have to be at the loss of life on both sides. He had weighed the matter well, and after due deliberation was ready to surrender himself on condition that the rest named in the warrant be left unmolested.
"Mr. Sublett, on his return, stated the facts, as above set forth, of his in- terview with Brown. The most prominent citizens of the town, with H. K. Magoon, David C. Bates, Colonel Cox, William Morden, Thomas J. Parks and some others of the county, held a meeting at Moss' store that same evening. After due deliberation, it was thought best for me to visit the different town- ships, and persuade some of the prominent citizens to meet in Bellevue on the Ist day of April, 1840, believing an array of prominent men from all parts of the county might induce Brown and his men to change their minds and peace- ably submit to the law. Although this meeting was supposed to be confidential and private, we had not adjourned three hours until Brown knew all about it, and immediately commenced to fortify and prepare for defense. It so exas- perated his men that they placed a red flag in front of his house, inscribed with ominous inscription, 'Victory or Death.'
THE BELLEVUE WAR.
"Agreeable to arrangement, I visited the different portions of the county, and laid before the people the existing state of affairs. Many of our prominent men were so located that they could not be present, but wrote letters to Brown urging him to surrender his men and trust to the law for his defense; while other good men looked upon Brown as a persecuted man, and declined taking any part, by way of advice or otherwise. As a defiant and threatening attitude was manifested by placing a red flag in front of Brown's Hotel, I deemed it best to summon a posse of armed men for this service. I therefore deputized Colonel Thomas Cox to select forty men, to appear at 10 o'clock, April 1, 1840, in Bellevue, subject to my order. Among the citizens who had promised their attendance, there were Charles Harris, of Farmers Creek, Andrew Farley, of Deep Creek, and others whose names I cannot recollect. On the last night in March, I was at Sabula, and there urged the citizens to come up with me. In this I was not successful," as the citizens were apprehensive that a sufficient force could not be collected to either intimidate or arrest the gang. It would only have a tendency to embitter the clan toward all who took part against them.
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HISTORY OF JACKSON COUNTY
"Mr. James McCabe was the only one who volunteered to accompany me. I stayed that night with Mr. McC. and at daylight we started for Bellevue, being joined on the way by Mr. Farley, Colonel Thomas J. Parks and Alexander Reed. On arriving at Bellevue, we found Colonel Cox and his posse quartered at Richard Burk's, about four blocks below Brown's house. In looking up the street, we saw the red flag fluttering in the breeze, and a number of Brown's men promenading the streets with guns. One of the posse mounted my horse, to take it to my stable, which was in the upper part of the town. In passing Brown's house, the rider was assaulted with all kinds of missiles, and the wildest cries of defiance were ut- tered. Mr. Anson Harrington, in company with James Baty and his two sons, Arch and Willis Druman, with others from the Illinois side of the river, came marching down the street. This drew the attention from the horseman to Har- rington's party, and for a time it looked as if a conflict was about to commence, when Brown came out in person and put an end to the hostile demonstrations of his men for the time being.
"A consultation was held to determine what would be the best steps to take to bring them to terms without the shedding of blood. The conclusion was, that I should proceed to the house, read the warrant and demand a surrender. With some timidity and forebodings as to what would be my fate should my reception " unfavorable, I went alone to the house. Brown received me very gentlemanly. I then made my business known, and he called up the persons whose names were mentioned in the warrant, stating to them the object of my visit, and asked their silence while I read the warrant. The warrant being read, he wished to know what I proposed doing. I frankly told him, to 'arrest them all, as I am com- manded.' He answered with a leer. 'That is, if you can!' I replied, 'There is no "if" about it. I have a sufficient force to take you all, if force is necessary ; but we prefer a surrender without force.' I asked a private interview, and, in com- pany with Mrs. Brown, I showed him letters from some of the leading men of the county, advising him to surrender himself and men to the law, also pledging myself that they should be protected from any violence. He replied that he knew, if it was in my power, I would do it. He knew some of the leading men were present, and it would be out of my power to protect them; but if I would get J. T. Sublett, H. R. Magoon, Jerry Jonas and old man Watkins to come with me and make the same pledge, that they would surrender. This was readily agreed to, and my report was made and accepted.
"After spending some time in getting the persons named together, we pro- ceeded to Brown's house. When we arrived within about twenty paces of the house, Brown, with five or six others, appeared on the porch with guns in hand, and ordered us to halt, saying to Magoon and others that their presence was not wanted, but he wished to talk with the sheriff, ordering them to retire and me to advance. This order was obeyed. I was taken into the room and surrounded by Brown's men. They had again been drinking, and finally became boisterous despite Brown's endeavors to quiet them. Brown took me aside and said the boys were too full of liquor for reason, and that all he could say had no effect whatever, and that they had determined to defend themselves the best they could ; that they intended to hold me, and if there was any attempt to take them, I would be the first man shot. This intelligence shook my nerves somewhat, and I could only reply that my retention would most assuredly bring on the assault; I was in their power, and if it was their determination, I would have to submit. Fifteen min- utes had scarcely elapsed when those that were on the porch informed Brown that Colonel Cox was forming the men in the street preparatory to moving upon them. Brown ordered his men to their posts, saying to me, 'You go and stop them, and come back.' This, of course, I readily promised to do, and took my departure in quite a hurry-told what had occurred, and preparation was immediately made for the attack.
"Forty men were selected by Colonel Cox and myself, all of whom volunteered. The men were addressed by both of us, Colonel Cox stating that this was no
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HISTORY OF JACKSON COUNTY
boy's play in which we were about to engage; that they were a desperate set of men, and that, in all probability, some would fall in the fight, and if there were any in the ranks who were not disposed to face danger, they had better step out. Every man stood fast. This left a reserve of about forty unarmed men, who were to be brought up if necessity required. It was now about 2 o'clock, and the ‘ time since 10 o'clock had been spent in parleying and endeavoring to get Brown to surrender without a fight. The inhabitants of the town were in a great excite- ment ; houses were deserted, and women and children had fled from them, taking quarters more remote from the scene of action. Mitchell, who was in confinement, urged the privilege of being one of the posse, claiming that if my men should be defeated, he would be left helpless and murdered in his own home. This I could not consent to, but placed arms at his disposal if his house should be attacked.
"News had reached Galena of the day fixed for the arrest of the gang, and Captain Harris, of the steamboat 'Otto,' had collected a few men, and tied his boat at the upper end of town. They were too late, however, to participate in the fight, and contented themselves by looking on. Before we started to march, strict orders were given not to fire a gun unless we were fired upon, still thinking when Brown saw our attitude, he would meet us with a flag of truce and sur- render. In this we were disappointed.
THE ASSAULT UPON BROWN'S HOTEL.
"Our squad moved in double file, and not a word was spoken until we came within thirty paces of the house, when the word 'charge' was given, and in a second the whole squad were as close to the front of the house as they could get. Brown was standing about the center of the room, with his rifle raised to his shoulder. Colonel Cox and myself, both with our pistols presented to him, said, 'Surrender, Brown, and you sha'n't be hurt.' He lowered his gun, no doubt with the intention of surrendering, but it went off, the ball passing through Colonel Cox's coat. The crack of Brown's rifle was no doubt a signal to the balance of his men, as a general firing commenced from them up stairs. From this fire several of our men were slightly wounded, one badly, Mr. Vaughn, who, in later years, died of his wounds. Before Brown could speak, several shots were fired into the house in the north window, on Front street. One of the shots passed through both of Brown's jugular veins. He fell and died without a struggle. The gen- eral fight was kept up for about fifteen minutes.
"Those of Brown's men down stairs fought with perfect desperation. The fight was now a hand to hand combat. The house was entered by our men, com- pelling the enemy to retreat upstairs, where they defended themselves from any assault with pitchforks and by firing down the stairway. Finding it impossible to ascend the steps, I gave orders that the house should be fired. The fire was kindled at the south end of the house. While kindling the fire, our party was at- tacked from a building just south of the main building, where a portion of Brown's men had been placed. Seeing the house about to be fired, they commenced shooting those who were applying the torch. As soon as it was ascertained where the ambush was, the house was entered and one of the men captured. Before the fire was fairly under way, it was discovered that the enemy were making their escape by jumping from a shed at the rear end of the house. Pursuit was given, and thirteen of the number captured. Negro Brown and six others made their escape. The fight was ended. The fire was extinguished, and the captured men put under guard for the night.
"Our loss was four killed-Henderson Palmer, Andrew Farley, John Brink and J. Maxwell. Wounded-William Vaughn, severely; Colonel James Collins, shot through the hand; John G. McDonald, shot in the hip; William Vance, shot in the thigh, and a number of others received slight wounds. Of the enemy, there were killed W. W. Brown, Aaron Day and old man Burtis. Buckskin Tom, alias Tom Welch, was badly wounded. and several others were slightly injured.
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HISTORY OF JACKSON COUNTY
THE THIEVES TRIED AND SENTENCED.
"The once bold, defiant Fox, Long and Chichester were now humble supplicants for their lives, and it was pitiable to behold the cringing cowardice of these fel- lows, who had so often boasted of their bravery, but who were now whipped into the most slavish and contemptible subjection. The sight of the ghastly, lifeless forms lying in and around the house ; the blood stained and bespattered walls, the weeping and sobbing of wives, mothers and children who hovered about the lifeless bodies of those who a few moments before were well and full of life and hope, was a scene calculated to melt the heart and arouse the most violent passions.
"Vengeance ! vengeance ! was the cry that arose on the air. Ropes were called for, and the cry was, 'hang them all.' Preparations were now speedily going on to begin a wholesale execution of the bandits, so far that ropes had been adjusted around some of their necks, when David G. Bates, H. K. Magoon, Parks, Reed and others began to address the men, advising them to mercy and moderation, and begging them not to do an act under excitement for which they might be sorry in time to come. Order being partially restored, it was asked that the prisoners should be disposed of as the majority might designate. These appeals were but little heeded, and the fate of those under arrest, to all appearances, was sealed. At this juncture, I mounted a box and asked their attention for one moment, saying that Colonel Cox had a few words to say to them and hoped they would be silent and attentive while he was addressing them. With one shout they said they would hear him. The venerable old man addressed them as neighbors and citizens, and in a few words told them they had a higher duty to perform that evening than to hang the cowardly scoundrels they now had in custody. Pointing to the women and children who were hovering around the lifeless bodies of those who had fallen . in the fight, saying, 'Your duty to them first, and tomorrow, whatever the ma- jority of citizens may say shall be done, I pledge you my word that you shall not only have my sanction, but my help.' The earnest and expressive words of Colonel Cox had the desired effect. The prisoners were placed under a strong guard, and the culprits felt thankful to the colonel for this temporary respite, hoping some- thing might turn up to spare their lives. We left the prisoners in charge of a strong guard, to care for the wounded and make preparations for feeding the men, who had eaten nothing since morning. Runners were sent to Galena and Dubuque for surgeons. Dr. Crawford, of Galena, and Dr. Findlay, of Dubuque, promptly put in their appearance, and at once went to work dressing and binding up the wounds of the wounded of both parties. They were all cared for alike. The dead were taken to their respective homes, and preparations made for their burial. This portion of the work was assigned to the Rev. Joseph Kirkpatrick, who did much toward soothing and consoling those who were left to mourn the loss of relatives and friends. Jesse Burke, with the assistance of a detailed force, had, in less than two hours, prepared meals for over one hundred persons, which was readily disposed of. Precautions had been taken as soon as Brown's house had been captured, to knock in the heads of all barrels containing liquor, and emptying out into the street every drop of liquor that could be found. There were two reasons for this : first, there was strong suspicion that the liquor had been pois- oned ; second, the men were already excited to the highest pitch, and should they get under the influence of liquor, the innocent might suffer as well as the guilty. It was long after midnight before the people could be persuaded to retire to rest.
"Some of the most prominent citizens retired to the residence of James L. Kirkpatrick, to agree upon what dispositon should be made of the prisoners. Among the prominent men who attended this meeting were Colonel Cox, Alex. Reed, T. H. Parks, Anson Harrington, J. K. Moss, H. K. Magoon, Colonel Col- lins, Lew Hilyard, David G. Bates, John T. Sublett and others. The meeting was organized by calling J. L. Kirkpatrick to the chair, when I addressed the meeting, asking and urging that I should be sustained in maintaining the authority of the law, in bringing these men to answer the charge set forth in the warrant. In this
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