USA > Iowa > Jackson County > History of Jackson County, Iowa; Volume I > Part 69
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A coroner's inquest was held on the body of Thompson and the verdict was, that Thompson had come to his death from a pistol shot in his heart, fired by James C. Mitchell. At 9 o'clock next morning Mitchell was taken, under a strong guard, to a justice office, and waved examination and was committed to answer the charge of murder at the next term of the District Court, and was taken to a room, placed in irons, under guard, there being no jail in the county at that time.
After the killing of Thompson by James C. Mitchell on the night of January 8, 1840, open war was barely averted, and was liable to break out at any time. Both factions went armed. The Brown faction was determined to have revenge on Mitchell for the killing of Thompson, and the other faction was equally de- termined to protect Mitchell.
The Cox faction got an information fixed up, charging W. W. Brown, Wm. Fox, Aaron Long, and twenty others, with thieving, passing counterfeit money, robbing, etc .; the information was signed by Anson Harrington, and an applica- tion was made to Squire Forbes for a warrant for the wholesale arrest of the parties, but Squire Forbes refused to have anything to do with the transaction because the information was irregular and illegal, and a warrant was procured from Chas. Harris, a justice of the peace, living near Fulton. The Cox faction now had the law on their side, and had the county sheriff, although the sheriff led Brown to believe that he was his best friend, and we believe that he was friendly to Brown and did all in his power to prevent bloodshed. But he was dominated by Colonel Cox and other members of the Cox faction. Warren said
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of Brown (page 359, 1879 History of Jackson County ), "Brown was a man of fine personal appearance and had the semblance of culture about him. He was pos- sessed of an engaging manner, was hospitable; a good talker and well calculated as a leader of men. Mrs. Brown, too, was a handsome, accomplished lady and won many friends by her womanly manner and kind ways. Brown himself was a charitable man, benevolent to those in want, ever pleasant and kind to children, and really possessed of a human and generous heart." Being provided with a warrant, the next thing to do was to get enough men together to make the arrest. Warren says that in Bellevue Brown was very popular and his friends were in the majority. When Brown learned the warrant had been issued for his arrest, he told Warren and told his deputy, that he was perfectly willing to surrender and stand trial, but he was not responsible for the men named in the warrant, and could not advise them to surrender without some guarantee of protection from mob violence. He also offered to give bonds for the appearance of himself and the men named in the warrant, at any time or place, to stand trial ; but nothing would do Cox and his friends but unconditional surrender. There was no jail in the county, and no place where twenty-three men could be kept prisoners, but the arrest must be made. Warren says, "A meeting was held at Kirkpatrick's to decide what action should be taken, and the following persons were present : James Kirkpatrick, Thomas Cox, Alex. Reed, T. H. Parks, Anson Harrington, J. K. Moss, H. K. Magoon, Colonel Collins, Lew Hilyard, David G. Bates, and John T. Sublett. It was decided at this meeting to send out through the county for sufficient men to overpower Brown and all of his so called men." Warren says, "I visited 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. I deputized Colonel Cox to select forty men to appear at 10 o'clock, April 1, 1840, in Bellevue, subject to my order."
Both Warren and Cox scoured the country to get men, as Warren claimed to arrest Brown, and the other men included in the warrant, but as Colonel Cox said, "To drive Brown and his gang out of the country." Warren was unsuc- cessful in his quest, only being able to secure the services of one man, James McCabe, of Sabula. But the intrepid Colonel Cox had better success. His brother- in-law, Colonel Collins, had commanded a regiment in the Black Hawk war and many of his former soldiers were in and about Galena and the lead mines and he succeeded in recruiting a strong detachment from that locality. Anson Har- rington who had filed the information that caused the warrant of arrest to be issued, and in consequence of which, had been compelled for his own safety to leave his home, had gone to Illinois and remained until the time set for the general arrest, when he returned with three of his friends as recruits for Colonel Cox's army. The Colonel, on his own account, had enlisted the services of Wm. Vaughn and three members of the Watkins family, his near neighbors. It was also claimed by several different parties that two steamboats tied up at the wharf in Bellevue and furnished a goodly contingent for the Cox party. Captain Warren said, "There was no whiskey drunk by the attacking party on that day," but others who were in Bellevue on that day say that Colonel Cox had a barrel on tap. There was parleying between the factions until the middle of the after- noon. Warren went to Brown's house and read the warrant, Brown told War- ren that he knew that if they surrendered they would be robbed but that if certain men would promise them protection they would submit. While they were parleying Colonel Cox was seen advancing with forty well armed men. Quite a number of citizens had encouraged Brown and promised him assistance, but when they saw the mob marching up under military discipline and looking so formidable, their courage failed them and they deserted Brown and left him to his fate. Brown asked Warren to go out and stop the mob and come back and
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they would arrange terms. Warren went out, but as soon as he joined the party they charged upon the house. Colonel Cox ordered Brown who stood in the door of the hotel to ground arms. Brown lowered his gun apparently with the in- tention of surrender, but a volley was. fired through a window and two balls struck Brown in the head and neck, killing him instantly. Mrs. Brown had stood near her husband, in order to hand him guns from a stack of guns in the corner (several parties having loaned Brown their guns who would not other- wise assist in his defense).
The fire was returned upon the house, and several men were killed on each side. The house was finally set on fire, and the inmates were forced to sur- render. It has been generally conceded that the bullets from the guns of John T. Sublett and V. G. Smith caused the death of Brown. The following were the casualties : On the part of the attacking party-Henderson Palmer, John Brink, and J. Maxwell were killed; William Vaughn, seriously wounded; James Collins, shot in the hand ; John G. McDonald, shot in the hip, and others slightly wounded. Of the party attacked in the hotel-W. W. Brown, Aaron Day, and old Mr. Burtis were shot dead; Tom Welch, who was hostler at the Brown hotel, was severely wounded; and Fox and some others slightly wounded. Andrew Farley, father of the late ex-Supervisor Chris Farley, of Preston, had taken a grist of wheat to mill at Bellevue, arriving that day, and was an eye witness to the contest. Aaron Day, a young man who had landed in Bellevue the year previous, destitute of means, and who had been assisted by W. W. Brown, provided with clothes and provision, and given employment for a time, but who was living on a claim, had come in to town to help defend his benefactor. When the smoke in the house became so dense that the be- sieged could not see out, young Day stepped out and fired at the mob, but as he turned back, he was shot and fell partly on the porch with his head hanging off. Farley, seeing his position and hearing his terrible groans, went to his assistance, but as he stooped to relieve the man, a bullet struck him, killing him instantly. After the fight was over, the sheriff was informed by Colonel Cox that he would be relieved of all responsibility in regard to the prisoners ; that they, the mob, or posse, would take the law in their own hands and deal with the prisoners. To this mode of procedure the sheriff was not able to offer any effective opposition. It was first intended to hang all the prisoners, and ropes were secured for that purpose, and were placed around the necks of some of the men, but it was finally decided to wait until the next morning, and bury the dead first. The prisoners were carefully guarded through the night and the next morning they were brought out to learn their fate. Colonel Cox, Anson Harrington, and some others, were in favor of hanging them all, while others opposed such harsh measures. After a great deal of speechmaking it was agreed to decide by a ballot whether they should all be hanged or be whipped and driven out of the country.
The latter proposition carried by a small majority, and the chairman of the mob, Colonel Cox, proceeded to pass sentence on the prisoners, giving each a certain number of lashes on the bare back. Some of the prisoners had friends in the mob who interceded for them, and they got off light, while others were cut and bruised terribly. When the whipping was over the men were put in boats and warned never to show themselves in the county again. We have it on good authority that but five of the men captured in the hotel had ever had any charges preferred against them for criminal acts. Old Mr. Burtis, who was killed in the fight, and his son, James Burtis, were never, so far as we can learn, accused of committing any offense against the law. James Burtis at that time was a justice of the peace in Bellevue, and his docket indicated that he did the justice business of the town. But they had fought in defense of a friend. Our best information is, that but five men were whipped under orders of Chairman Cox. Colonel Cox was elected to the legislature again. He served in the first, second and third general assembly in the house;
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and in the fifth and sixth general assembly in the councils or senate. He died on his farm near the Maquoketa River, in Maquoketa township, in 1844, and was buried under a hickory tree near his cabin at his request. He was a man of powerful physique, possessed of a fiery temper that would brook no opposition, a gift of oratory, and had a personal magnetism about him that helped him to control men, but he was very intemperate, and could not control himself. In writing of the history of the Bellevue war, forty years after it occurred, Captain Warren tried to justify the course pursued by Colonel Cox and himself, and claimed that they were instruments of the law, but the result in the end showed plainly that they did not want to arrest W. W. Brown, They had no evidence that would convict him of any crime; they wanted to get rid of him, and used the law as a cloak to accomplish their purpose. Had the leaders of the mob been honest in their purpose to arrest these men as criminals, and had they been sincere in trying to enforce the law, they would have taken the men that they did arrest to Dubuque and held them for trial. There was from forty to sixty armed men, and thirty or forty unarmed men in Bellevue, subject to the order of Colonel Cox, and Captain Warren claimed that they were subject to his order. As there were only a few prisoners, we believe five in all, and the sheriff of Dubuque county and the district prose- cuting attorney were in Bellevue on the day after the fight, it would have been an easy matter to have sent the prisoners to Dubuque and held them until court convened in Bellevue, which would only be a matter of about two weeks, then out of the eighty men which Captain Warren says had assembled to help him enforce the law, it ought to have been possible to get a grand jury that would examine into the charges made against these men and to have got an indictment if the evidence was sufficient. Old Charlie Harris, the justice of the peace who had issued a warrant for the wholesale arrest of Brown and all who were supposed to be his friends, was on the ground and participated in the battle. Why did not Charlie open up court and put those men on trial? That would have given the affair a semblance of legality. After a careful and impartial examination of all the records that are preserved of that time, we are unable to find any charge against Brown that could be substantiated, that would convict him of any crime more heinous than that of successfully manipulating affairs so that his clients were nearly always cleared of the charges for which they had been held to answer. We have been unable to justify the course and conduct of the leaders of the mob in the bloody tragedy of the Ist of April, 1840, in any other way than that in which the successful feudist in old Ken- tucky is justified. We believe that Sheriff Warren did all he could and hoped until the last moment to be able to avoid bloodshed, but the dominant will of Colonel Cox could no more be stayed than a cyclone and was as resistless as doom.
MAQUOKETA, IOWA, May 1, 1897.
J. W. Ellis :
My Dear Sir: I have been reading with a great deal of interest your writ- ings on the early history of Jackson county, and must say from a knowledge of experience that I am surprised at the correctness of same. I settled where I now reside in 1837, and can say that it would be difficult to pick a flaw in what you have written. Your version of the Bellevue war in particular is in every way correct, and I will say that former writers have done it very great injustice. I am glad that some one has taken the matter in hand, while several of the pioneers of that date are here to verify your statements in doing the matter justice.
WM. BURLESON.
We, the undersigned, fully concur in the above expression of approval. MARY FORBES WOODS-1836. CALVIN TEEPLE-1837. J. E. GOODENOW-1838. A. H. WILSON-1839.
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AMONG THE EARLY SETTLERS OF BELLEVUE.
Among the early settlers of Bellevue, nearly all of whom have passed away but who took an active interest in affairs in their lifetime, were John D. Sub- lett, who came to Bellevue in 1836, who in partnership with John D. Bell, built the first sawmill in the place, if not in the county. He also built the first brick hotel in Bellevue, first called the Sublett House, but for many years known as the Bower House.
John D. Bell, for whom the town was named, came there in 1835, caused the town to be laid out the same year, and was the first postmaster when an office was established in 1836. Captain Elbridge Gerry Potter was one of the early settlers, coming in 1842, and locating in the valley west of town. He built the flouring mills in Bellevue, known as the Jasper mill. He was indus- trious and peaceable and well respected by all who knew him. Captain W. A. Warren was perhaps the most prominent and best known of all the early territorial pioneers, having served as sheriff nearly all the time from the time the county was organized until the state was admitted into the Union. He was a member of the constitutional convention of 1857, held the office of county supervisor, and township offices in Bellevue township for forty years, and had the reputation of being the shrewdest politician that ever lived in the. county. In 1862 he was appointed as post quartermaster in the army, and for a time acted as chief quartermaster for the army of Tennessee. During his term of office he disbursed over seventy millions of dollars' worth of prop- erty and controlled hundreds of millions of dollars' worth of government property and supplies. At one time his enemies thought to get him out of the army ; they preferred charges against him, had him arrested and court mar- tialed, but the court acquitted him. He was honorably discharged from the army in September, 1865, receiving a receipt in full from the government. He was genial in disposition, a good story teller, and very companionable. Com- ing to Iowa territory, like Cox, fresh from the experience of the Blackhawk war, like Cox was a native Kentuckian, full of feud and vendetta but con- sidered loyal to his friends. Captain Warren fell on an icy sidewalk before his death and never recovered from the shock. He was married three times and left a widow and three children; was buried by the Grand Army of the Republic Post of Bellevue, and laid on his left side, by his request, because he said he had dreams when he slept on his back.
Major W. O. Evans paid him the tribute, "As a· citizen Captain Warren was patriotic and public spirited ; an ardent republican, he delighted in taking a hand in the game of politics and was remarkably shrewd and farseeing though singularly devoid of ambition for himself, preferring apparently the interest of his friends above his own. As a man he was brave, generous and kind; prosperity did not unduly uplift him and adversity, which was a constant guest during the later years of his life, could not cast him down. Cheerful, keen of observation, with a tenacious memory and the faculty of graphically relating what he saw and heard, he was an interesting person to meet. He was benevolent to a fault and had that love for his fellows that distinguished Ben Ad Hem, whose name led all the rest."
William T. Wynkoop was a New Yorker, who came to Bellevue in 1844, was engaged in mercantile business there for many years.
Antonie Weinschenk was born in Germany, but came to Bellevue in 1852, engaged in farming until 1861, when he enlisted in the Fifth Iowa Volunteer Infantry, and served until November 24, 1863, when he was captured at the battle of Missionary Ridge, Georgia, and taken to Belle Isle; transferred to Scott Prison at Richmond, Virginia ; thence to Andersonville, from which he made his escape the night of September 9, 1864. He was honorably discharged at Davenport, Iowa, October 29, 1864.
.T.
BELLEVUE, 183$
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John F. Snider was born in Bavaria, in 1836; came to America and situated in Tete des Morts township. In 1849 enlisted in Company K, Second Iowa Volunteer Infantry, and honorably discharged in 1865.
Frank Slecht, born in Bavaria, June 12, 1831, came to Jackson county in 1852. He was a contractor and builder and served on the board of supervisors.
James Rheem, carpenter, came to Bellevue in an early day, enlisted in the Fifth Iowa Volunteer Cavalry, Company D, December 14, 1863; received a bayonet wound at Duck River, Tennessee. Discharged June 3, 1865.
A. Reiling was born in Hanover, November 2, 1823. Came to Bellevue in 1839, was a member of the board of supervisors from Tete des Morts town- ship, when there was one member from each township, and was later a member when there were but three members on the board. In 1859 he engaged in the mercantile business in Bellevue and followed that for several years, after which he took a contract for building several miles of track for the Chicago, Milwaukee & St. Paul Railroad, and later owned and operated the steamer "Reiling" in the river freighting business. The marriage of Mr. Reiling to Miss Mary Havemeyer was solemnized at Galena, on the Ioth day of February, 1846, and to this union nine children were born. This couple celebrated their sixtieth wedding anniversary on the 10th day of February, 1906. Still living in 1910.
Dr. J. J. Reed, born in St. Louis in 1837, came to Bellevue in 1848, enlisted in Company L, First Iowa Cavalry, served until 1864; studied medicine and graduated at the Rush Medical College, Chicago, and was a prominent and popular physician and surgeon in Bellevue for many years.
W. L. Redmond, attorney at law, came to Bellevue in 1846; was elected county superintendent in 1859; was county recorder from 1864 to 1866; was mayor of Bellevue several terms.
L. B. Potter was born May 25, 1824, in Jefferson county, New York. The only son of Captain Elbridge Gerry Potter, who was born October 17, 1791, in West Brookfield. Worcester, Massachusetts, and died May 29, 1875.
Theodore Nieman was born in Hanover, May 13, 1812; came to Jackson county, Bellevue township, in 1838. He built the first stone residence that was built in Jackson county.
Lawrence Miller, M. D., located in Bellevue in 1850. Married a daughter of County Judge Booth. He raised a company in Bellevue at the beginning of the Civil war, which was called the Fremont Husson, but which was merged into the Fifth Iowa Volunteer Infantry, and he went into the service as a surgeon. Was a fine surgeon and a prominent mason.
George W. McNulty came to Bellevue in 1855; was the first mayor of that town; was postmaster for more than thirty years ; was also town recorder and justice of peace several years.
A. G. McHendire, born in St. Louis, July 14, 1844, came to Jackson county and settled on a farm near Cottonville in 1847. Enlisted in the Fifth Iowa Volunteer Cavalry; was wounded in the battle of Nashville, Tennessee, and received an honorable discharge August 17, 1865.
Wm. Legge was born February 10, 1819, in Germany; came to Bellevue in 1848, and engaged in farming ; a pioneer.
Fred Lampe was born August 18, 1809, in Germany ; came to Bellevue in 1849. Farmer and pioneer ..
Nathaniel Kilborn, miller and farmer, was born May 24, 1791, in Coshocton county, Ohio; came to Bellevue on the 3d of April, 1843, when the real estate of W. W. Brown, who was killed by a mob on the Ist day of April, 1840, was being sold by his administrator, S. Burleson. The terms of the sale were nine months' credit at ten per cent, secured by property itself. Mr. Kilborn and a Mr. Harris bought for one hundred and ninety-five dollars what was known as the Brown Hotel, in which Brown had been killed.
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In August, 1843, Harris and Kilborn started a variety store with a joint capital of five hundred dollars. They prospered at first, but had to close out the business in 1845; went to California during the gold excitement, remain- ing one year ; came back and went into business until in 1862. He spent three years of the war in government employ, with W. A. Warren, who was captain and assistant quartermaster. In 1866 the Gammels mills were purchased by Kilborn & Company, the partners being J. Kelso and A. Reiling. The Jasper mills were bought in 1871 by the same company. Mr. Kilborn was a tireless and industrious worker, a thorough business man and identified in every move- ment started for the benefit of this town. ,
W. M. Keister was born in Virginia. In 1840 came to Jackson county with his father, the late Captain Keister, who owned and operated for many years the farm still known as the Keister place, six miles south of Bellevue. The subject of this sketch retired from farming some thirty years ago and built him a beautiful home in Bellevue, where he still resides, honored and respected by all.
Hon. Joseph Kelso, founder of the Kelso Bank, born in Ireland, came to Bellevue in 1849, and practiced law for several years, finally going in the banking business with W. L. Redmond. Later the partnership was dissolved and the bank has been conducted ever since under the title, Kelso Bank. He served as prosecuting attorney and in 1857 was elected county judge; had also been mayor of the town. He left a widow and three children.
Hon. A. G. Keglar, born in Prussia in 1843, came to Jackson county in 1853, and lived on a farm until 1863, when he moved in Bellevue and engaged in the dry goods business, which has been his occupation up to the present time. He was elected to the state senate on the democratic ticket and served four years.
Jerry Jonas- was born November 15, 1809, in Somerset county, Pennsyl- . vania. In 1834 he came to what is now Jackson county and settled on land which he occupied during a long life. He was one of the earliest settlers of the county.
Mahlon G. Hyler was born September 2, 1823, in Jefferson county, New York. Came to Bellevue in 1842 and farmed for ten years. In 1844 he opened a general store in Bellevue, but carried on his farming also until 1862, since which date he has attended to his store exclusively up to the present time, 1910, being without doubt the oldest person and longest engaged in business of any man in the county. Mr. Hyler is full of reminiscences of early days, and an encyclopedia of early events in Jackson county. He has always prided himself on his skill as a marksman and keeps up a shooting gallery of his own in the rear of his store, where he keeps in practice with his rifle, and it is said that few can strike the bull's eye oftener than he. He is a very interesting man to meet and converse with.
Cyrus Huntoon, born July 21, 1816, in Unity, New York, came to Bellevue in 1847. Pioneer.
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