USA > Iowa > Jackson County > History of Jackson County, Iowa; Volume I > Part 61
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HISTORY OF JACKSON COUNTY
I was ably sustained by David G. Bates, Alex Reed, T. H. Parks, and H. K. Ma- goon. Anson Harrington and Colonel Cox took the opposite view of the matter, saying it was utterly impossible to hold them under arrest, as we had no jail; that the prisoners had friends, both in the east and west, and, in all probability, they might be taken from us by force, and, in such case, no man's life or property would be safe, and, as we now had them in our power, the friends of the fallen demanded that summary justice be dealt out to each one of them, and nothing short of death would satisfy the community. These declarations were stumpers to us ; to oppose such men as Colonel Cox and Harrington was uphill business, for they not only held the esteem of the people, but were capable of impressing their views on those whom they wished to influence in this or any other matter. To hedge was now our policy ; to obtain, if possible, a lighter sentence than death. D. G. Bates, compre- hending the situation, and seeing it utterly impossible to carry out the proposition to hold them subject to the law, offered the following resolution: 'That we shall meet at 10 o'clock a. m. on the morrow, and the prisoners shall then be sentenced as a majority of the citizens shall then designate ; and we pledge ourselves, one to another, whatever that sentence may be, we will see it faithfully carried out.' Mr. Bates sustained his resolution by an able speech, saying they were not all guilty alike; they ought to be punished according to their crimes. The resolution was accepted and adopted unanimously, and the committee retired at 4 a. m. for a few hours' rest ; about 8 o'clock a. m. a steamer from Dubuque landed at our wharf. Among the passengers were James Crawford, Prosecuting Attorney George L. Nitengale and Sheriff Cummins. Tlie most prominent among the arrivals was Rev. Babcock, who was prominently connected with the robbery of the quarter- master's store at Prairie du Chien. He, hearing of the fight, had come down to claim certain goods in Brown's store, which everybody believed were stolen by Babcock and placed there for sale. In coming up the bank, he was at once recog- nized by Colonel Cox, who took him by the hand and welcomed him to the town, saying he was the man he had been looking for. Others recognized, and were about to carry him to prison, when he applied to Colonel Cox for protection. The colonel remarked to the boys not to hurt him, saying to Babcock, 'We will treat you well today, but, damn you, we will hang you tomorrow.' This was poor con- solation for Babcock, who was led, trembling and praying for his life, and placed with the rest of the prisoners. Captain Van Horton, who was an old and particu- lar friend of Colonel Cox, made a personal appeal to him, and asked his release on account of Babcock's wife, who was aboard the boat and in great trouble for the safety of her husband. The appeal was not in vain. Babcock was released on conditon that he would never again place his foot on the soil of Bellevue. This promise, I think, he has kept to this day. The lesson here taught caused him to mend his ways ; he grew into respectability in one of the western counties of Mis- souri following his old occupation of preaching ; but of late years, we see in the papers, he has fallen from grace, and was strongly suspected of belonging to a gang of desperadoes who have been robbing trains and committing other out- rages in Missouri.
"At 10 o'clock, the prisoners were brought in, their haggard countenances showing plainly that they anticipated the worst. Colonel Cox, the chairman of the meeting, stated to them that 'the people of Bellevue had met for the purpose of prevailing on them to surrender to the law. The officer who was in charge of the writ for their arrest, held out every inducement to them for a peaceful sur- render, and the people here assembled had offered them, through him, their pro- tection and a fair and impartial trial ; all these offers they had indignantly refused ; this refusal had cost them the life of their leader and some of their companions ; in consequence of which, we, the citizens, have had to sustain the arm of the law in discharging that duty, are left to mourn the loss of some of our best citizens, and as the spokesman of this meeting I am directed to say to you that we relieve the sheriff of his duty, and take your cases into our own hands. What sentence the people here may pass upon you, I am not prepared to say ; your fate is in their
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hands, and whatever a majority may decide upon will be carried out to the letter.' This was about the substance of the speech.
"Chichester asked permission to speak in behalf of his comrades and himself. Unanimous consent was given, and he commenced in a low and trembling voice, gaining confidence as he proceeded. He had the attention of every one in the house ; his appeal to spare their lives was one of the most fearful appeals I have ever heard. He said they were all ready to acknowledge they were guilty of all we charged to them, and were willing to submit to any punishment the law would in- flict for such crimes. Mr. Crawford, seeing that Chichester had created some sympathy in the meeting, made a short and pointed speech. He said he advocated the turning over of the prisoners to be dealt with according to the law. There was no place to keep them with safety, and he had been informed there were strong probabilities that their friends in Illinois-and the western counties would rise in such force that the citizens would be overpowered and they released. Aside from this, he well knew from the character of the men present that any opposition he might make to the course they had determined upon would have no weight; but he would ask that no greater punishment be inflicted than the law prescribes in such cases. Anson Harrington, who had been compelled to leave his home for his personal safety, and only returned to assist in arresting the men who were now under trial, made an able argument in favor of hanging every man of them. He was opposed to turning them loose to prey upon some other community. They were all desperate characters. They were lost to all sense of honor. They were past reformation. No man's life or property was safe with them at large. He was raised and reared in a Christian and law abiding state. He had come to Iowa to make it his home, with the expectation of meeting with law abiding and Christian people, where the law could be enforced and his life and property could be protected. 'What has been our effort to bring these men to justice? Have we succeeded in a single instance? The very fact of their being able to prove an alibi in every instance when they have been arrested for crime has de- moralized the country, and men who came here law abiding and Christian men are now giving comfort and sanction to flagrant violation of law. The time had come when people would take the law in their own hands; as much as he had heretofore deprecated what was termed mob violence, he was now ready to admit the law was ineffective in the present case, and nothing short of the people rising in their might and taking this case into their own hands and making an example of the desperadoes whom they now have in charge would save society from depredation in future. Mercy to such men is only jeopard- izing the lives of others. Free them today, and, ere six months, either you or some one else will pay the penalty for this clemency. Fear alone makes them penitent today. Revenge is depicted in every countenance of the criminals now present. Reformation in such men is impossible, and I, for one, am un- willing to turn them loose to prey upon any community. Upon your votes depend the character and standing of the people of Jackson county. If these men are to escape the halter, I, for one, am ready to pull up stakes and aban- don the country to them. Sympathy for such men is no act of charity. It is a duty we not only owe to ourselves, but to those who may hereafter emigrate here, to decide this day whether this county shall be ruled and controlled by a banditti or a civilized people. I have listened attentively to the appeal made to you by Mr. Bates and others for their lives. Were I to suffer my sympa- thies to control me on this occasion, I too would plead for their lives. But l have a higher duty to perform, and should I have the casting of a vote, the fate of those men should be a terror to all evil doers for all time to come.' Mr. H. closed his speech by making the proposition that we decide by ballot whether they should be hanged or whipped and forbade ever coming into the county again. This proposition was put to a vote and carried. Before the ballot was had, every man in the room pledged himself by rising to his feet, to abide the decision of the ballot, and the ballot should be a formal one, and
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carried out in a manner that might be designated by the meeting. Two of the members were appointed tellers, while two were appointed to pass around the room, one with a box of white and colored beans, the other with an empty box. On approaching each person, the one with the beans would cry out, 'White beans for hanging, colored beans for whipping,' when the party ap- proached would select his bean and cast it in the box. The beans were then counted as cast and found to correspond with the number of persons casting them, and the tallying commenced. All was still as death. The result was presented to the chairman. Holding it in his hand, he called upon the prison- ers to rise and hear the verdict. Before announcing the vote, he wished an- other pledge from the people to abide by and carry into effect the wish of a majority, which pledge was made by all rising to their feet. The result was then declared to be three majority for whipping. Silence was broken. Mr. Harrington rose and attempted to address the chair, when he was immedi- ately called to order by the chair saying it was not a debatable case. Harring- ton explained by saying, 'I rise now to make the vote unanimous.' This mo- tion, coming from Harrington, was applauded all over the house. Chichester. who was standing near him, took him by the hand, and could only say, 'I thank you.' The motion was put and unanimously adopted. It now devolved upon the chair to pass sentence on each one of the prisoners. Commenting on the depredations and charges against one of them, he proceeded to sentence them with from four to thirty lashes on the bare back, and, after being whipped, they should be placed in skiffs, with three days' rations, and if caught again in the county, to be hanged. Among those appointed to carry out this sen- tence, was L. J. Hiffley, now of Kansas. He was assigned to whip an Irishman whose name I cannot now recollect, who had made himself very conspicuous on the day of the battle by parading the streets with the red flag and shouting at the top of his voice, 'If they wanted hell, to come on.' He was sentenced to twenty five lashes. In applying the lash Mr. Hiffley proved himself an ex- pert, every stroke taking pieces of flesh from his back. He fainted twice dur- ing the whipping. He was decidedly the worst whipped man in the gang, and, when placed in the skiff to take his departure, was unable to sit up. Fox was whipped by Lew Hilyard, the lightest of any that were punished, owing to the intercession of friends, who knew his family in Indiana. About sundown, they were placed in skiffs, and took their departure, except the Irishman, thanking the people for their light punishment, and pledging themselves they would never return again. This pledge was kept by all but Fox.
"Neither did Fox ever again return to Bellevue. About two weeks after the whipping, some one who was on the island, opposite the city, brought to Sheriff Warren the intelligence that Fox was on the island, and wanted to see Warren alone. The latter, fearing this to be a scheme to have revenge on him, and that Fox was not alone, refused to go on the conditions named, but, taking several armed citizens with him, proceeded to the island.
"Fox came creeping out of the thicket to meet them in a most pitiable con- dition, covered with dirt and rags. He at once began to apologize to them for coming back contrary to orders, and begged them to spare his life. He seemed completely humbled. It was policy for him to appear so, under the circumstances. Being assured that he would not be harmed, he called Sheriff Warren aside and told him he had come back for his pocketbook; that he had given it to Mrs. Brown the day of the fight, for safe keeping, and had had no opportunity of receiving it again from her; and begged Warren to cross the river and get it for him, promising to leave immediately, and never to return.
"The sheriff did as he was requested. On making known to Mrs. Brown the return of Fox and his request, she said Fox had given her his pocketbook, but she had never opened it. It was given to Warren, and contained near four hundred dollars. Mrs. Brown also informed Warren that she had there a good suit of clothes belonging to Fox, and asked if he would carry them to the
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fugitive. The sheriff did so, also taking some provisions to Fox, and a more grateful man is rarely seen. He left immediately, and was never seen in the community of Bellevue again. July 4, 1845, he assisted in the terrible murder of Colonel Davenport, at Rock Island, for which he was arrested in the State of Indiana, but subsequently escaped, and was never brought to trial.
"After such a struggle and at such a cost was Bellevue freed from this band of outlaws, nor was the city ever again similarly troubled. The harsh meas- ures became a necessity ; there was no other relief, and the verdict of all time since has been that the lawful citizens were perfectly justifiable in their course. Those who took an active part in driving-out the thieves lived a life of con- siderable anxiety for some months, lest some cowardly vengeance might be visited upon them for their part in the matter, and they took care not to expose themselves alone after night. But those who had felt the heavy hand of the citizens of Bellevue cared not to provoke it farther, and we have no further deed of violence to record, with pleasure be it said.
"James C. Mitchell was indicted for manslaughter April 17, 1840, and re- leased on two thousand dollars bail, Anson Harrington, John Howe, John T. Sublett and Joseph Whitam being his securities. He was brought to trial June 19th, following, and found not guilty. He was therefore discharged by the court."
FAULTS OF HISTORY AND IDOLS OF CLAY, OR THE UNPOPULAR STORY OF THE BELLEVUE WAR.
(Written by Farmer Buckhorn for the Maquoketa Excelsior.)
Professor Sparks is credited with saying in one of his lectures "Right or wrong, no man has ever been popular who opposed war or expansion by con- quest." The sad thought is if the professor is right, that accounts for the un- popularity of the Prince of Peace. Most of the children of men unlearn all the beautiful ideals, such as "do unto others as you would that others should do unto you," "Cast your bread upon the waters and after many days it will re- turn," "Peace on earth, good. will toward men," and come sooner or later to know that in order to be popular their blood must warm with the fires of bar- barism and admit that might makes right and that the constitutional law of the animal kingdom is "the law of the survival of the fittest" and the fittest is the animal with the sharpest claws or the longest sword, the strongest will and the most bluff.
Concentrated in this idea of Professor Sparks is the solution to many rid- dles ; in it can be found why ambitious, strong willed men or factions, for politi- cal aggrandisement can fire the clannish blood which brings men together in an army or a mob, with the one thought of wresting from others that which is rightfully theirs, be it history or be it life ; in it can be found the reason why the power of influence can "put the lid on" denunciation of the wrong that suc- ceeds and make the force which would lift this lid unpopular ; in it can be seen why men follow with servile admiration the physical courage (right or wrong) which has triumphed over an adversary; and in it may be seen the reasons why men write into history only that which lionizes the successful (right or wrong) rather than become unpopular.
If what Professor Sparks said is literally true, what this world needs most is enough men who do not fear to become unpopular, so that that which is right may become popular, then, that which is wrong, because it is power will more often fail to be crowned the hero, while the neck under the heel may not always go down to history as the "villain."
Since our youth, we have found interest in the doings of men and have found in reading popular histories that much original fact could be drawn therefrom without plagiarizing some other man's story. All that is needed
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is a writer who does not fear the frowns of popular force and an opportunity to get what he writes past the censors. A little over a year ago, while in con- versation with several of those instrumental in forming the Jackson County Historical Society, I was prevailed upon to do what little I could to help col- lect facts relating to Jackson county's past history.
We have already written several articles along that line, brought to light what was apparently the most reliable information and conclusive evidence ob- tainable. In writing the sketch of S. Burleson, as we knew him (published in Jackson County Annals, Number 2), we found it would be far from com- plete without searching out at some length the (would be) suppressed evidence in the tragedy enacted at Bellevue, April 1, 1840, and generally known as the "Bellevue War."
Going on the theory that history is the chronicle of past events as the best attainable evidence shows them to have transpired, regardless of the politi- cal, social or financial standing of the participants or their posterity, we wrote ourself onto the unpopular side of the question. We would not be entitled to any pity if we wanted it, as we have known for many years no man has raised his voice or wielded his pen against what he believed to be the injustice and "unnecessity" of that act of mob violence without becoming unpopular.
Be it known the mob which killed Wm. W. Brown and whipped and ban- ished those who helped defend him contained many men prominent in po- litical and official circles and at that time and for years after held positions of trust, and the act called the Bellevue war must at all hazards be vindicated.
After the participants passed from the stage of action any delver after the truths of history found himself up against that natural trait of character that will not suffer disagreeable truths to become history where it affects the honor of prominent friends. The mob's version of that bloody and unlawful act commenced to be circulated before the sound of the guns had fairly died away, and continued to be circulated, and old settlers have said that in more cases than one those who opposed it were silenced by threats and intimidations.
Let that be as it may be, it is the knowledge of the writer that the story of Brown's criminal acts had become so thoroughly innoculated into the public thought, that when he was young, if any man was pointed at as a friend of Brown, he could not help but turn away in spirit from that man. But in after years when viewing history between the lines he saw many strange lights. Believing facts (the helping of the "under dog") are just as important and valuable history as the flattering eulogy of the gowned renowned, he has been led to follow some of these lights that vindicate some of Jackson county's most worthy citizens, though they cast their shadows in high places. But they seem to have been taken for red lights by some overcautious diplomats.
It may be that I am color blind also, but it looks like the same old "lid." One article of mine was published in Annals Number 2, and was substan- tiated and corroborated by the letters of Joseph Henri, J. V. Berry, Colonel Jno. King and Anson Wilson, which were submitted by James Ellis. Believ- ing that the greatest tragedy in Jackson county's history can be discussed at this distance without a lynching, and as space in the Jackson County Annals is limited and cost others beside myself, I will open a continued article in this medium, and I ask that if I make any statements that I cannot substantiate by the authority I use, some one will produce the evidence which will show wherein I err.
We asked the same in the Burleson sketch, and though we were criticised in a friendly way by local historians, the evidence in their criticisms was con- spicuous for its absence. The fact seems to be that there is not now nor ever has been any just or lawful reasons for the killing of Brown and others who helped to defend him, and it can't be manufactured from the prominence and popularity of those who resorted to mob law. We have some facts not gener- ally known regarding the personality of Brown and his family connections,
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and some old letters yellow with nearly seventy years of time and are looking for more that we are expecting to publish in time.
In writing history it is the usual custom to select the hero or heroes as a central attraction and build around them a halo of all commendable acts in their life's drama, studiously avoiding all acts not commendable, so the stu- dent of history, dazzled by the ermine mantle the historian has hung about his idol, will not notice the natural clay. It is also usual for the historian's hero to have his villain and it seems to be the historian's sole thought to dip that villain in the tar bucket at every opportunity, until, though he be "a cloud with a silver lining," the student of history will take him for tar all the way through. Not being a historian-at least not a "tailor cut"-we are not going to try any such things. But we believe and think we can prove Wm. W. Brown was not tar all the way through and that those who mobbed him, especially Thomas Cox, were only ordinary clay.
In writing of this early Jackson county tragedy all models will be made of clay, irrespective of station or honorable prefixes, without malice or prejudice. We expect to call men and things by their right names. It is our intention to offer what evidence we have in favor of Brown, as he is entitled to it; it is also our intention to offer some evidence to show his killing was a sad mistake and the mob who killed him spilled tar on their "lamb skin."
Thomas Cox and W. W. Brown will be the central figures in this article with several "lesser lights." It is necessarily going to be long and undiplomatic, and it will be well enough to say in these preliminary remarks that the writer knew neither Colonel Cox, Sheriff Wm. A. Warren, or Wm. W. Brown, as they were all before his day with the exception of Warren. We are in no way connected by blood, business or any binding ties, except the natural ties of man, to any participant on either side of that bloody controversy. Therefore, we think we are qualified to write without prejudice, yet it will not be a eulogy, nothing but bare bones. It may engender the ill will of some of the descendants (they wouldn't be human if they didn't), but that fact is not going to have any influ- ence whatever in turning aside a single truth bearing on the case; we are plain in our articles in the Annals of Jackson County, and will be plainer in this, and shall not hesitate to touch men in official places, from the governor of the terri- tory down to an ordinary magistrate or juryman.
The outline of the popular version of that blot on the escutcheon of Jackson county's past is that in the first days of Iowa's settlement the gang of counter- feiters and horse thieves that infested the west, operated in portions of Iowa, Illinois and Wisconsin, had their headquarters at Brown's Hotel at Bellevue, and that W. W. Brown was the leader of the gang-the main criminal among them, so shrewd, so oily tongued and so slick that it was impossible to convict him or one of his gang of criminal acts committed time and time again, so it is said. They had been brought before the court and would prove themselves clear by alibi (a story disputed by the silence of the territorial court docket).
The popular version was and yet is, as it has been sung in every ear and written into every history, that matters became so bad prior to 1840 that the in- ability to bring these men to justice spread terror through the land and in sheer desperation a meeting was called at Bellevue and a committee appointed to con- fer with Judge T. S. Wilson, of Dubuque, presiding judge for the Third district, and Prosecuting Attorney James L. Crawford.
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