USA > Iowa > Johnson County > History of Johnson County, Iowa, containing a history of the county, and its townships, cities and villages from 1836 to 1882 > Part 26
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This jury found no business, and was discharged. But they were al immediately recalled as a grand jury for the Territory of Iowa. They found a "true bill" of indictment against Andrew J. Gregg, for " pass- ing counterfeit money," etc., and he was bound over to the next term of court; and it was " ordered that the prisoner be remanded to prison, or required to enter bail for his appearance at the next term with one or more sufficient securities, each in the sum of $600."
The record further says: "The following good men and true, sum- moned as petit jurors, were called, and answered to their names:"
Philip Clark (still lives in Newport township); Henry Reddout (de- ceased); James Magruder (still lives in Fremont township; he served
*An act of the territorial legislature, Jan. 21, 1839, made the counties of Louisa, Musca- tine, Johnson with Linn attached, Cedar with Jones attached, and Slaughter, [now Wash- ington]. to constitute the second judicial district; and named Joseph Williams to be the district judge. Then Gov. Lucas appointed T. S. Parvin to be prosecuting attorney for this district.
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HISTORY OF JOHNSON COUNTY.
again on a jury in the same court forty-two years afterward, to-wit, in January, 1881); John I. Burge, (deceased); Samuel Bumgardner, (de- ceased); Jesse McCart (went back to Ohio); James S. Wilkinson (deceased); Asby D. Packard (still lives in Hardin township); Peter Crum (deceased); Green Hill (deceased); Elijah Hurley (deceased); William Kelso (deceased); John Trout (moved to Missouri); I. P. Hamilton, (moved to Wisconsin); Joel Dowell (deceased); William M. Harris (moved to Linn county, Iowa); Alonzo C. Denison (moved to Kansas).
No cases were tried at this term, and therefore the petit jury was per- mitted by the bailiff to " go a-fishing," as explained further on.
The lawyers present, in addition to those holding some office, were:
S. C. Hastings, afterwards Chief Justice of Iowa; (see foot-note to . the election held at Napoleon in August, 1839); he was attorney here for the horse-thief, Gregg; Stephen Whicher, afterward U. S. District Attorney for Iowa; Ira C. Day, of Bloomington; Wm. E. Austin, who was, on motion of T. S. Parvin, " admitted, and took the oath of office as an attorney and councilor of this court." Young Austin wrote some comic verses about Judge Williams' fiddling for the prisoner, Gregg, to dance, which annoyed the judge very much.
In proper time Judge Williams instructed the sheriff to conduct the jury to a suitable place of retirement for their deliberations. There was no build- ing to be had. Every place was already full and running over. He there- fore led them out on to the prairie and gave them their metes and bounds. Gilbert creek (now called Snyder creek), about a mile to the east, was to be their eastern boundary; the big marsh was the boundary on the north, the Iowa river on the west, and the Bloomington (now Muscatine) ox-road on the south, (See diagram page 207.) This was to be the jury room, and comprised more than a half section of land. Some of the grand jurors wanted to go a-fishing, but the sheriff forbade any such trifling with the dignity and solemn duties of their high office. They might play cards, or drink whisky; but to go a-fishing would never do for a "grand jury"- that privilege was specially reserved for the petit jury. And accordingly the sheriff named the trail leading from the old trading house where the court was in session up to Wapashasheik's town, to be the boundary or partition line between the grand jury and petit jury rooms, and set a bailiff to guard the trail and see that no one crossed over. This effectually cut off the icthyophagous grand jurors from "going a-fishing," for the river frontage was entirely on the petit jury side of the "Indian trial" road. That same Bloomington (Muscatine) road now forms the boundary or township line road between Lucas and Pleasant Valley townships.
The only criminal business done was finding a bill of indictment against Andrew J. Gregg, the horse thief. (See "First Criminal Case.")
The next term of the district court was held in Iowa City, on Sept. 9, 10, 11, 1839.
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HISTORY OF JOHNSON COUNTY.
NAPOLEON TOWN BITE.
Small Cabin.
. Frame house
The Big Marsh.
A
A AAA AA A A A
Wapashasheik's Indian Town.
Indian Trail.
Big Slough.
Indian trail to Wapashashiek's town.
DIAGRAM
To illustrate sketches of the first county seat, the second and third old trading houses, the first district court, the Indian towns, etc., etc.
East
The Gilbert trading house.
Wagon road to Bloomington (Muscatine).
The Chase trading house.
South.
.. Gilbert Creek, now called Snyder Creek.
West.
AA
A A
A
A
A A A A A A A A A A Powesheik's A
A A Indian Town. A A
A A A
AAA
Brook.
Indian burying ground on a sand knoll.
North.
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HISTORY OF JOHNSON COUNTY.
FIRST CRIMINAL CASE .- GREGG, THE HORSE THIEF.
As there was no jail yet, it became a matter of some difficulty to cap- ture and hold as prisoner any desperate fellow who might violate the law. And the record made by Clerk Douglass of the first case of this sort is so graphic in regard to " said prisoner," and so entertaining as a bit of pioneer history, that we quote it entire:
At a called session of the board of county commissioners in and for the county of Johnson, held on the fifteenth day of May, 1839, for the purpose of deciding upon some plan for the security and safe keeping of Andrew J. Gregg, a prisoner bound over for appearance at court.
Whereupon, the board ordered as follows:
That Samuel C. Trowbridge should be allowed forty-three dollars for services rendered in summoning two juries, and services rendered at com- missioners' court, guarding and keeping Andrew J. Gregg, U. S. pris- oner.
Further, the board orders that Elijah Hilton should be allowed four dollars and fifty cents, for attending said prisoner.
Further, the court allows Stephen Chase four dollars and fifty cents, for attending said prisoner.
Further, the court allows John Miller three dollars and ninety-three and a half cents for guarding said prisoner.
Further, the board orders that Henry G. Reddout should be allowed ten and one-eighth dollars for attention to said prisoner.
Peter Crum was allowed seventy-five cents for services rendered in guarding said prisoner, per order of the board of county commissioners.
Court ordered that Philip Clark should be allowed one and one-eighth dollars for services rendered as guard to said prisoner.
Court ordered John Eagan paid two dollars for services rendered as guard to said prisoner.
Court ordered Samuel C. Trowbridge paid twenty-four dollars and sev- enty-five cents for board of said prisoner, and attention to the same.
Court ordered that John Trout should be allowed one and one-eighth dollars for services rendered in guarding said prisoner.
Court ordered that William C. Massey should be paid fourteen and sixty-two one-hundredths dollars for fees as constable, and services ren- dered in taking care of said prisoner.
Court orders that Robert Walker should be allowed one and sixty-two one-hundredths dollars, as justice's fees committing said prisoner.
Court ordered that Walter Chase should be allowed six and twenty-five one-hundredths dollars for boarding said prisoner and guard.
Court ordered that William Dupont should be allowed four and twenty- five one-hundredths dollars for boarding said prisoner and guard.
The board ordered that an oath should be administered to Jonathan Harris for the faithful keeping of said prisoner.
The following is the form of the oath:
You doo solumnly sware, in the presence of Almighty God, that you will take the body of Andrew J. Gregg into your custerdy, and there safely keep him, so far as your abilities, until the next session of the district court in and for the county of Johnson, territory of Iowa.
JONATHAN HARRIS.
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HISTORY OF JOHNSON COUNTY.
The above is transcribed from the original first records, or what is left of them, which was a book made by simply stitching a few leaves of the old-fashioned foolscap paper together. It was the best they could do at the time. The county afterwards purchased a regularly bound blank book, and some of the first records were copied into it, while some were not; and in making the transfer, the copyist, whoever he was, made cor- rections and emendations wherever he thought necessary.
In transcribing the record about "said prisoner," the copyist tries to improve on the original by merely saying in each case of claim allowed, "for services rendered the county," which is very tame and uninteresting when compared with the original entry, for it designates what public duty the claimant performed with regard to "said prisoner."
This man, Andrew J. Gregg, was one of a gang of frontier outlaws who had their headquarters at what was then called Washington Ferry, afterwards known as Gower's Ferry, and now called Cedar Bluffs, in Cedar county. They were known as Stotenburg's gang. Gregg had broke jail at Coldwater, Michigan, and escaped out to Iowa to operate with the rest of his kind in stealing horses, passing counterfeit money, etc. Gregg and three others came to this settlement, pretending to be viewing the country and looking for a location for settlement. At Chase's trading house they fell in with Joseph Eagan, and traded horses with him, giving him something to boot, but in counterfeit money, of course. Eagan started home up the river on his new horse. He was followed in a short time by Gregg and one other of the gang, who overtook him near where the glucose works now stand, or between there and Dubuque street; they stopped him, knocked him off his horse and went off with it down the river again. As soon as Eagan got over his stunnedness and fright a little, he hurried on to the cabin where McCrory and Trowbridge were "batching it," (right where the McCrory mansion now stands,) and reported what had happened. Trowbridge being the sheriff, immediately got up a posse and went in pursuit of the outlaws. The other three of the gang made good their escape with Eagan's first and second horses, and a lot more they had with them; but Gregg was captured near Chase's trad- ing house, with two other horses in his possession, one of which was given to Eagan to make good his loss. In about two weeks after Gregg's cap- ture some of the prowling gang made an attempt to rescue him, which did not succeed; but in the affray several men were hurt, the worst injured being a man named Rockwell. One of the outlaws got a fish spear stuck into him and dragged it off.
Gregg was an intelligent, athletic and fine looking fellow, and it was a matter requiring the most vigilant care and ingenuity to keep him night and day for six weeks or more, without any sort of prison or armed guards. But Sheriff Trowbridge was equal to the emergency. He cut a stout hickory stick and made smooth notches in the ends about forty
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HISTORY OF JOHNSON COUNTY.
inches apart; in these notches Gregg's wrists were laid, and bound fast with thongs of raw deerskin. The notches had to be made so far apart that the prisoner could not reach them with his teeth and gnaw the thongs off. Also, the thongs had to be let into sockets on the underside of the stick or yoke, so he could not chafe the thongs off by rubbing them all night or day against a stone, stick, or tree. This was the first home- made invention to hold him; but the sheriff finally went to a blacksmith shop at West Liberty and got a pair of iron anklets or manacles made, with a strong padlock and regular old ox-draft log-chain attached; and with this arrangement it was less difficult to keep Gregg. But as there was no jail or steady guard, the sheriff had sometimes to take his prisoner with him when he went out to break prairie, or chop in sod corn with an ax, or build rail fence. There is an old-fashioned Virginia worm rail fence still standing (1882) on the south side of the road to West Liberty and Muscatine, just where it passes S. H. McCrory's house, that was built by S. C. Trowbridge, S. H. McCrory and Cyrus Sanders, while Gregg lay chained to a tree which then stood a few rods up the hill, in McCrory's field, but has since been cut down. They chained him to the tree, and then gave him a buffalo robe to spread down, and a pack of cards and a Bible, so he could play "good Lord or good Devil," just as he liked. But they kept always within sight of him, and their guns loaded and within easy snatch, lest some of the outlaw gang should attempt his rescue, for it was well known that they were prowling about and had accomplices all over the frontier country. And such was pioneer life, and the difficulties of the sheriffalty in Johnson county in 1839.
This Gregg was the first prisoner ever taken, and held by lawful pro- cess in Johnson county. His was the first case before the first district court ever held in the county; and it is told by the old settlers, as a good joke on Judge Williams, that one night in the tavern (Chase's trading house), [see diagram on page 207] the fudge played the fiddle, while the prisoner Gregg danced, for the amusement of the crowd. The Judge was a Methodist class-leader, yet as fond of fun as any rollicking boy -- and he loved dearly to play the fiddle: so they used to tell that he would avoid being a willing witness to the sin of dancing by fiddling away in his chair with his back toward the unregenerate sinners while they danced. Philip Clark says the Judge did quit fiddling on the above occa- sion as soon as he knew that Gregg was dancing; and it plagued the good old Judge a great deal to have it told that he had fiddled for Gregg to dance. It was a tough joke on him. They say he was also a good ventriloquist, and would often amuse social gatherings with this mysteri- ous art.
Gregg was indicted and bound over for trial; but before the next term of court he made his escape while in charge of Stephen Chase as guards- man. Gregg's case had already cost the county more than its whole
211
HISTORY OF JOHNSON COUNTY.
year's revenue, and his escape was probably "good riddance of bad rub- bish." He walked off deliberately, in plain view of several other men besides his guard, but brandished a bowie knife and swore dire, and bloody vengeance on any man who should pursue or attempt to recapture him. The case against Gregg was continued on the court records from term to term until November 3, 1840; after that it does not appear. S. C. Hast- ings was attorney for Gregg.
DR. HAMILTON'S SKETCH.
The following additional points in regard to this Gregg case were written by Dr. I. P. Hamilton, who was an eye witness of what he relates:
Gregg was kept most of the time, while under arrest at Wm. Massey's, my brother-in-law. I saw him almost every day while there. Gregg was a smart one. After buying a bowie-knife and pistol of Chas. H. Berry- hill, he packed up his clothes, took out his pistol and knife, bid good day to his guard, and left. I have often thought if we (the citizens) had been as suspicious of Gregg as Col. Trowbridge, the Sheriff at that time, Gregg would have been held to his trial. The colonel had fixed an in- strument (the hickory hand-yoke described above), to confine his hands and arms. But Gregg being such a fine-looking fellow, the sympathetic part of the community could not tolerate the idea of degrading such a fine-looking man. So the colonel had to bow to public sentiment. I was at the Indian trading-house when Gregg and an old man came, as they said, after the horse that had been taken from Gregg by the officer. About the same time this remark was made, Gregg whipped out his famous bowie-knife and made a lunge at Wm. Massey. The old French- man threw up his arm to prevent the knife from entering Massey's body, and received the thrust in his arm, which was quite a severe one. Then it was the fight commenced in earnest. I never in my life saw (as I thought at the time) a man that was more effectually killed than the old fellow who came with Gregg. (Had a big fish-spear run into him). But, two hours after we left him, some one went out where he fell, and he was gone, and that was the last was ever heard from Gregg and his friend.
COUNTERFEITERS WHIPPED.
Some time in 1839 or 1840, while Jonathan Harris was keeping tavern in the old Gilbert trading-house, a couple of men stopped there for dinner and horse feed, and passed a counterfeit $5 bill in payment, receiving their change in good money. They had played the same game that morning on another man, at Wapsenonoc, and this man, discovering the cheat, had followed them. He reached Harris' about an hour after they had left. Harris and this man immediately started in pursuit, being joined by neigh- bors as they followed the trail and told what sort of game they were tracking. The trail was followed across the Iowa river, and northwest- erly up to and along Clear creek; then across the prairie south, to Old Man's creek, and thence on to Dr. Teeple's house, on English river, just over the line in Wasington county. The pursuers had followed the horse
-
212
HISTORY OF JOHNSON COUNTY.
tracks all night, by the aid of a lantern, one of the tracks being marked by a broken shoe; and here the rogues were in bed. They were arrested, but protested stoutly that they had received the bad money in their trav- els, supposing it to be good. A thorough search was instituted, and finally a big lot of counterfeit bills was found, stuffed under one of their saddle pads. After getting breakfast, the pursuers started back up the river with their prisoners. And of the subsequent proceedings in this case Dr. I. P. Hamilton writes:
The men were brought to Judge Harris' house, and word was sent to all the houses in the settlement, to meet there at a certain hour, "sharp." About thirty of the hardy settlers met at the Judge's house, and organized a court. After all the evidence was heard, the court decided that the smaller one of the two, in whose saddle the money was found, should receive fifteen lashes with the cow-hide on the bare back, and the other should receive ten lashes without removing his shirt. Wm. Devault was the man appointed to perform the flagellation, which he did in such a manner that God grant I may never witness another.
FIRST DISTRICT COURT IN IOWA CITY.
The very earliest criminal court records of Johnson county exhibit the crime of selling whisky to Indians, and selling without license, in violation of the law. The first district court ever held in Iowa City (and second one in the county), had for its grand jury:
Andrew D. Stephen, Ebenezer Douglas,
S. B. Mulholland,
I. P. Hamilton,
Robert Walker, Wm. Kelso,
Wm. Sturgis, Alonzo C. Dennison, Jesse McCart,
John Hawkins,
Isaac Bowen, Wm. M. Harris,
Fred Dysinger,
Henry Felkner, Sam H. McCrory,
Abner Wolcott.
These men were empaneled and sworn on September 10, 1839, and the next day they found four indictments against F. M. Irish, for selling liquor contrary to law. At trial, he plead guilty on two of the indictments, and was fined five dollars and costs in each case. The other two indictments were nolle prosequied.
The same jury found similar indictments against Wm. Dupont (who was also at the same time indicted for fornication), Charles H. Berryhill, Henry H. Hart, Mordecai Cropper and Joseph Coe.
Coe plead guilty, same as Irish, and was fined five dollars and costs. Dupont, Berryhill, Hart and Cropper were held to bail in the sum of $100 each, until the next term of court.
At the next term, in May, 1840, another indictment was found against Charles H. Berryhill for selling whisky to Indians, and also against Fred- erick A. Cobb and Elizabeth Skinner [alias Betsy Dupont], for the same offense.
It is a curious fact, that while the men indicted for selling whisky to
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HISTORY OF JOHNSON COUNTY.
Indians were allowed bail at $100, this woman, indicted for the same offense, was "held to bail in the amount of five hundred dollars," as the record reads. Again, the men who plead guilty were fined five dollars and costs. This woman plead guilty in court, November 3, 1840, and was fined thirty dollars and costs. Why the difference? Who can tell? She was a bad woman, a regular old "hard case," but no worse than the same class of men.
Indictments for gambling were found against Wm. McGraw, Sylvester Coe, Joseph Coe, Luke Douglass, James Rock, Peter Blake, L. Coy and Samuel McMurray. Luke Douglass was clerk of the court. He plead not guilty, and a jury was empaneled. Cyrus Sanders, I. N. Sanders, Wm. Har- ris, Wm. Miller, Andrew D. Stephen and A. C. Dennison were members of that jury whose names will be familiar to old settlers. Douglass afterward "plead guilty to the several counts in the indictment," and was fined ten dollars and costs. This was on May 16. The others there upon took the same course.
This affair let Douglass out of office; and on May 18, 1840, Stephen B. Gardner was appointed clerk of the district court. He, on the same day, appointed Fernando H. Lee as his deputy.
Berryhill was re-indicted for selling whisky to Indians, at each succes- sive term until May, 1841, when he plead guilty to all the charges, and put himself on the mercy of the court. He was then fined thirty-five dol- lars and costs.
FIRST NATURALIZATIONS.
On June 1, 1841, were issued the first naturalization papers ever made in Johnson county. The following named gentlemen from Ireland appeared before the district court in Iowa City, there solemnly abjured their allegiance to the Queen of Great Britain, and swore allegiance to the United States:
James Wicks, John Mullin, Hugh Deen, Harmon Luken, Francis Kerr, Patrick Smith, Jeremiah Driskel, Michael Keff, William Croty, Andrew Mc Williams, John Hurly, John Conway, James Roach, John Conboy.
On the next day, June 2, the following Germans came into court and made oath of their intention to become citizens of the United States:
Casper Nick, native and subject of Prussia; Joseph Gross, of Wirtem- burg; Mathias Laner, of Baden; Casper Dunkel, of Bavaria; Philip Schwartfager, of Hanover; Ferdinand Haverstraw, of Baden.
On following days during the same term the same oath was taken by Robert Simpson, John Furlong and Morris Kelly, subjects of Great Britain, and John Luken, subject of the King of Hanover.
A GANG OF PETTY THIEVES BROKEN UP.
During the winter of 1842-43 there was a good deal of small stealing going on in Iowa City and vicinity-such as of meat, hams, chickens,
14
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HISTORY OF JOHNSON COUNTY.
clothing, flour, etc. A mulatto fellow named Brown was finally arrested, and in course of time it was wormed out of him that a white man named Haines was in it with him. But at that time the laws even of Iowa would not permit a "colored man " to testify in court against a white man. So nothing could be done with Haines unless some white man's testimony could be obtained. It was current opinion in the community that Haines was " a hard case," but there was no lawful proof against him.
Walter Butler was now sheriff and Elisha Pierson the jailor. And a scheme was made up by John M. Coleman and Chauncey Swan to trap Haines, and so break up the gang; but several other parties had to enter into the project, and the sheriff of course had to connive at certain " irreg- ularities " which were to be carried on in the case " without his knowledge, you know?" The mulatto Brown had a low-grade white woman who purported to be his wife and seemed firmly devoted to him. She was led to believe that if they could capture Haines and get lawful testimony against him, her husband would be let off easy, or perhaps permitted to escape jail and get away. So she baked a lot of biscuits and prepared nearly a peck of hard boiled eggs for him to take along on a certain night, when he was to make his escape, after serving as a decoy for the entrapment of Haines. On the appointed night, (somewhere about the 1st of May, 1843), Brown was smuggled out of the jail, while the good sheriff slept in quiet innocence, and taken to his house,-though iron shackles were kept on his ankles, for he could run like a deer, and they didn't dare to trust him without irons on. When arrived at his house the programme was arranged, Mrs. Brown fixed a bed with a sheet hang- ing down in front like a valance; Brown was to sit on this bed while she went to tell Haines that he was there and wanted to see him. If Haines came, Brown was to have him sit on the bed beside him so they could talk low, for fear somebody might be around somewhere and overhear them; then he was to talk with Haines so as to have him acknowledge his being a party to the stealing. With these points all arranged and agreed upon, John B. Adams and Samuel C. Trowbridge got under the bed, while Dr. Henry, St. G. Coe and Malcom Murray staid in an adjoin- ing room. The house was now darkened, and Mrs. Brown went after Haines, who soon returned with her. He sat down on the bed, and Brown explained that he had got out of jail and was going to leave the country, but had no money, and wanted now his share of what they had stolen together. Haines said he had sold some of the meat, and told where more was still hid; but he hadn't any money now. He mentioned the other fel- lows in the gang, and promised to try and get some money from them to help Brown off. About this time Trowbridge and Adams grabbed Haines by the trouser legs; he jumped and yelled, but they jerked him to the floor and crawled out onto him, where he struggled lustily; but as soon as he yelled, Coe and Murray in the next room, who were standing ready with
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