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 27
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HISTORY OF JOHNSON COUNTY.
matches, at once struck a light and opened the door. The woman screamed, and a baby screamed, and there was a full "circus " for a few seconds, till Haines saw that he was completely caught, and gave up, and was quietly marched to jail.
The gang consisted of the mulatto Brown, Harrison Haines and his brother, known as "Horse Haines," besides a man named Guyton, and one other whose name is forgotten. Mulatto Brown and Harrison Haines were now in jail, and the rest of the gang known; and they didn't wait on ceremony, but suddenly stampeded for parts unknown: And in about two months, while waiting for the next term of court, Brown and Haines, probably with some outside assistance, succeeded in boring through the wall of the old jail, got out in the night and fled the country. And so the whole gang was gotten rid of with little cost to the county.
But why didn't Haines kill Brown for having him caught? O, Brown made him believe that he didn't know anything about those men being under the bed and in the next room. He said that was all fixed up by his wife, who was mad at the gang, because they hadn't given her his share of the stuff they had stolen together; but that he (Brown) didn't know anything about it at the time. This was a very plausible explana- tion, and satisfied Haines. It seems that the mulatto was the cunningest man of the gang. He was afterward shot dead one night while robbing a hen-roost, some where in Illinois.
A $5,000 ROBBERY.
In 1852, a couple of rascals named French and Pierce did a wonderful job of stealing one night from A. B. Stillwell's merchant tailoring store. They were captured on circumstantial evidence so strong as to be pretty sure, yet probably not sufficient for a legal conviction. French was taken from the officers by a mob, and whipped till his back was welted and bloody, but he wouldn't confess. Then they tried hanging-and after two or three good chokings he owned up, and promised to show where the goods were concealed. They were found hid in a hazel thicket over toward the cemetery, with slabs of bark laid up to protect them from damage by rain, while waiting for a chance to haul them away. The pile amounted to three wagon loads, and was worth $5,000; and it is a marvel how two men could carry such a quantity of goods that distance in one night, and that too without making a trail that would be plainly visible from the store right to the hiding place. But somehow they did it, for there was never any proof found that they had other accomplices. While these men lay in jail awaiting trial, the tender-hearted women went and washed and bathed and salved French's well-deserved stripes. The lashing and hanging which he got had accomplished their purpose; and now it was right enough that he should be healingly cared for. But when these good ladies imagined they were enacting in real life the para-
216
HISTORY OF JOHNSON COUNTY.
ble of the Good Samaritan, they got slightly "off their base;" for in that case the man "went down from Jerusalem to Jericho and fell among thieves." But in this case the thief went down from Stillwell's store to the hazel bush all night, and finally fell among the "regulators."
A good deal of that sickly sort of sentimentalism which is always pity- ing poor prisoners who happen to get caught and well punished, was developed in this case, until they almost made the man out a martyr instead of a felon. But the steady, average common sense of the com- munity felt, if it did not say it, "served the rascal right. If more could be served the same way we'd have less stealing and devilment going on in the community." French broke jail and made good his escape at last ; but his partner, Pierce, served his time out in the penitentiary.
THE BOYD WILKINSON TRAGEDY.
This was perhaps the most notable event of a sensational character that has ever transpired in Johnson county. In order to explain what the official records show concerning the trial of those accused of murdering Boyd Wilkinson, a few of the main facts which led to the final tragic drowning of Wilkinson must be stated.
Philip Clark was the man who with Eli Myers, had made in 1836, the first land claims ever made in Johnson county.
April 17, 1850, Philip Clark gave a power of attorney to his brother-in- law, F. H. Lee, authorizing him to rent, lease, mortgage or sell certain specified lands, amounting in all to 742 acres. [See records, deed book No. 8, page 241.] Judge Lee's wife was a sister to Philip Clark. Philip then went to California, gold hunting. After a few years, his wife obtained a divorce on the ground of "desertion," she being then what was currently termed a "California widow." Her lawyer was W. Penn Clarke, a prominent republican, [see sketch of "Old John Brown in Iowa City"], and he, with her consent, and in connection with Philip Clark's attorney, attempted to convey title of this land to other parties, without securing any "consideration" to the real owner. [A good many dark suspicions do inevitably and legitimately arise right here, which Penn Clarke and Lee could never explain satisfactorily in court: hence all their conveyances were ultimately nullified, and the land restored to Philip Clark.]
In 1857 Philip Clark returned, and immediately commenced proceed- ings for the recovery of his tarm. To this end he built a cabin and sta- ble on the land and made his home there; " possession is nine points of the law," say the lawyers, and he thus took possession. A notorious bad . character named Boyd Wilkinson, had a " possession " cabin on another part of the farm, holding it in the interest of the ex Mrs. Clark and par- ties to whom she and the two lawyers, W. Penn Clarke and F. H. Lee, purported to have sold it, but without compensation to Philip Clark.
This Wilkinson was under indictment for grand larceny, having stolen
217
HISTORY OF JOHNSON COUNTY.
some rolls of carpeting from the Park House, but was out on bail till June session of court. W. Penn Clarke, as attorney for the divorced woman and those to whom she had sold the land, wanted to oust Philip Clark from his actual " possession " of the land which gave him a good deal of advantage in the lawsuits he had instituted for recovery of his title. From all the circumstances it would seem that Wilkinson was employed to so pester, annoy and injure old Philip as to scare or drive him off from that land. One night Wilkinson and two others attacked Mr. Clark on his road home, beating and bruising him severely. He had Wilkinson arrested for this outrage, fined, and put under bonds to keep the peace; but the lawyer, W. Penn Clarke. obtained his release. And shortly after, to-wit, on the night of May 10, 1858, Philip Clark's barn was burned down, and a pair of horses belonging to Wm. Canot were burned up in it. It was firmly believed by Philip and his friends that Wilkinson had done this, and on the 11th they went to Wilkinson's house in that state of fury and des- peration which men sometimes reach when sharp criminal lawyers suc- ceed in baffling the good intent of protective laws, until there is left no reasource of redress but the bad and dangerous lynch power. From Wilkinson's general bad character, his previous known crimes, and the circumstances under which he was living on Philip Clark's land, they had abundance of "mob-reason " to believe him guilty. They first tried to frighten him into a confession, but failed; then they tied his hands behind his back, boosted him into a hack and started off, most likely with the intention not of killing him outright, but of " playing hang " with him until he confessed; though in fact they went directly to the river bank, and may have intended to duck instead of choke. At any rate they were out on a lynching bee; they were terribly in earnest; and they meant to use him rough. There was no kid-glove delicacy in that crowd; they told him they were going to hang him, and he believed it. But instead, he was drowned, and those who had him in charge at the time, always claimed that he jumped from the hack of his own accord, to get away from them, and ran or jumped into the river. He was noted as a good swimmer, but his hands were tied, and he sunk at once. It might easily be, however, that in the intense excitement of the moment he forgot this, and thought if he jumped into the river he could swim across and get away from them. We think it quite probable that this was really the fact; but whether it was or not, Wilkinson was drowned. This occurred about two miles below the city, on May 11th, 1858. The body was not found until May 21st, ten days afterward.
The body had drifted a mile and a half down from where he went in and was found about 10 o'clock in the forenoon, by John Quaintance first; he immediately called some others, who were also searching for it. The body was floating close to the shore. They got a long pole and twisted one end of it into the rope with which Wilkinson's hands were tied, and
218
HISTORY OF JOHNSON COUNTY.
thus guided the floating corpse half a mile further down the river before they reached a suitable place to pull it out of the water, which was a little below the widow Walker's residence, and about four miles below Iowa City.
Charles C. McGovern was the coroner; he summoned J. Norwood Clark, J. R. Hartsock and J. N. Seydel as a jury-and the inquest was held that afternoon. The witnesses sworn were: John Quaintance, who first found the body; Garrett D. Campbell, a cousin of the drowned man; John L. Gordon, Charles D. Smith and Alexander Beever, who were present when Wilkinson was taken from his house.
A post mortem examination was made by Drs. J. C. Stone, John J. Sanders, Frederick Lloyd, J. H. Boucher, Henry Murray and E. W. Lake. They reported no marks of violence found; death solely from drowning.
On May 12, an information was filed before Judge George W. McCleary, accusing of the crime of murder the following named persons: Thomas Casey, Michael Freeman, Frederick M. Irish, Henry Gray, Peter Con- boy, Alfred Curtis, James Kennedy, Philip Clark, Joseph Stutsman, Charles Dow, Samuel Shellady, John O'Neil, William Canot, Charles Brown; John Mitchell, Daniel Marshall, William Clear, John McGuire, James Welsh, George W. Rawson, James Nolan.
Of course there was intense excitement over the matter, the whole com- munity taking sides one way or the other, and considerably on the party lines of republican and democratic divisions of the time. Old Captain Irish, who was a prominent and representative democrat, had been sort of leader in the affair, on behalf of his friend, Philip Clark; while W. Penn Clarke, a prominent republican, had been the smart lawyer and chief manipulator on the Wilkinson side of the contest about that seven hundred acres of land. [The land was ultimately restored to Philip Clark by decree of court.] The next day after Wilkinson's drowning, a counter mob in Iowa City set out to hang Capt. Irish, and he was glad to go to jail for safety. He was aided in getting away from the mob by Jacob Ricord, who stood stoutly for law and order, and against any mob work.
THE INDICTMENT.
June 15, 1858, a true bill of indictment for murder was found against Frederick M. Irish, Peter Conboy, Charles Dow, Daniel Marshall, James Taylor, Michael Freeman, Philip Clark, Samuel Shellady, John McGuire, Patrick McCraith, Henry Gray, Alfred Curtis, Charles Brown, Geo. W. Rawson and Dennis Hogan.
The grand jury which indicted the above men for the murder of Wil- kinson consisted of Rolla Johnson, Edwin A. Brown, John Mendenhall, John F. Hampson, James H. Gower, L. T. Reno, Robert Walker, Ambrose Campbell, Thomas Patton, S. A. Fulton, Cornelius Lancaster,
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HISTORY OF JOHNSON COUNTY.
Charles Cartwright, B. F. Dennis, Samuel J. Hess, and George F. Andrews.
Rolla Johnson was foreman of the grand jury; and a list of forty-seven men is given as "material witnesses for the state." There were fifteen members of the grand jury, and fifteen men indicted-just a man apiece all around.
The trial began August 12, 1858. Conboy, Curtis, Irish and Shellady asked for separate trials. Clark, Freeman, Marshall, Rawson, Dow, Brown, McGuire and Hogan were tried together, and acquitted. Gray, Taylor and McCraith ran away-the sheriff never found them.
On February 5, 1859, Shellady was convicted of murder in the second degree, and sentenced to the penitentiary for ten years. He was an old man, about eighty years of age. He was taken to Fort Madison; but Gov. Lowe pardoned him, unconditionally, on June 23, 1839.
On January 12, 1859, Capt. Irish secured a change of venue to Scott county. He was tried there in May, 1859, before Judge John F. Dillon, and acquitted.
On May 24, 1859, the cases against Conboy and Curtis were dismissed and they went free.
If any person wishes to investigate this affair further, they will find reading enough to last them a month at the county clerk's office, in orig- inal papers filed away, and also in books F and G of the court records. But if you depend on the newspaper accounts, you'll get fooled.
John P. Irish was a big bare-footed boy with the mob at the time Wil- kinson was drowned, and was also with his father in jail during his trial at Davenport. In after years, when John had become a prominent demo- cartic politician, these old matters of his boyhood days were raked up as dirt to throw at him; but it did not seem to have much effect, for he was elected to the legislature three times in spite of it-to-wit: in 1867-69-71.
March 2, 1858, Wilkinson had been arrested by sheriff Harrison; indicted March 9, by grand jury for grand larceny. Had stolen two rolls or eighty yards of carpeting, from the Park House, property of Samuel Workman and Richard L. Tucker. " Material witnesses for the state," were Workman, Tucker, A. J. Casady, Henry Gray, Sam. H. Fairall.
Some horse stealing also was charged to Wilkinson, but not proved; nevertheless it was commonly believed that he belonged to a regular gang of thieves.
220
HISTORY OF JOHNSON COUNTY.
CHAPTER III .- PART 1.
PUBLIC STRUCTURES.
Court House and Jail-County Poor Farm-Complete List of County Bridges, 1876 to 1881-Early Roads and Ferries.
FIRST COUNTY JAIL AND COURT HOUSE CONTRACTS.
The first records made in regard to a county jail occurred July 8, 1841. Jesse Berry and James Herron are allowed $12.50 for drafting a plan for the jail, and Berry is allowed an additional sum of $15.00 for preparing the specifications and bond for the contractor, who was James Tremble. All of these bills were stipulated to be paid from sale of lots in the county seat.
The above is the first mention that occurs any where in the records, with regard to a county jail, and we learn from old settlers that this first county building stood on Clinton street a little south of the present court house, the jail being built on the west side, corner of Clinton and Prentiss streets, and the temporary court house afterwards on the east side of the street. On October 9, 1841, it is recorded that $1,200 were allowed to James Tremble, in part payment on his contract for building the county jail, and the amount was to be made up by the clerk in frac- tional orders, to be paid only out of funds accruing from the sale of lots in the county seat.
On April 8, 1842, Mr. Tremble was again allowed the sum of $358.00 on his jail contract.
At the same date it was ordered, that F. H. Lee, agent for the county of Johnson, be instructed and authorized to receive proposals, from this date until the second day of May next, for the erection of a court house on lot No. S, in block No. S, in the county seat of said county. The house to be of brick, 56x28 ft., two stories, and to be finished according to the plan of said building in the hands of said agent. And that said agent be required to give notice of the receiving such proposals, in the newspapers of Iowa City, until the time of opening the same. The payment to the contractor will be from the proceeds of the sales of lots in said county seat after payment is made for the jail. The house must be completed by the first day of October, A. D., 1843. The contractor will be required to give bond with approved security, for the faithful performance of his contract.
On June 17, 1842, Mr. Tremble is allowed $500 on his contract to build the court house; and this is the first clue we get to the fact that the same man had the contract for both of the county buildings. On October 6, 1842, he was again "allowed the sum of nine hundred dollars on his con- tract for erecting the temporary court house."
Prior to the erection of these buildings, the county had rented various
221
HISTORY OF JOHNSON COUNTY.
rooms and buildings, such as could be obtained when necessary, for court and jail purposes, and the use of county officers.
April 13, 1848. Ordered, that James Tremble and John Mathews, his security, are hereby required to proceed immediately to complete the jail according to the contract by them entered into for that purpose, so that the same shall be completed before the next term of the district court of this county, otherwise legal steps will be taken to enforce the obligation of said contract.
JAIL REPAIRS.
On the first day of the October session (Oct. 3), 1848:
Three sealed proposals were received for repairing the jail and were opened on this day, when it appeared that the two lowest bids were a tie; whereupon the board notified the bidders who appeared at half past two o'clock, P. M., and the job was set up at public outcry, by the sheriff, to be let to the lowest bidder, and being cried some time, Thomas Snyder bid two hundred and fifty dollars, the roof to be put on with pine shingles, and that being the lowest bid, the job was struck off to him.
The following items from county court proceedings of June 6, 1864, are of interest :
The special committee on the material of the "old jail" reported that they had sold the same to C. H. Berryhill for sixty dollars. Report adopted.
The special committee on sale of real estate in Iowa City, belonging to Johnson county, reported that they had sold the property known as the "jail lot," for one hundred and fifty dollars, to C. H. Berryhill, and on motion it was Resolved, that the clerk of this board be authorized to exe- cute a deed to Chas H. Berryhill of lot number six (6) in block number seven (7) county seat, upon payment of sum agreed upon.
THE FIRST COUNTY "NECESSARY."
" Despise not the day of small things," is a wise old saying; and future generations would not number us among faithful chroniclers if we should omit so important a small thing, as the following county order of Novem- ber 1, 1848-the first of its kind:
Ordered, that Hiram Watts be authorized to erect and build a " Neces- sary," at or near the southeast corner of lot eight, block eight, of the county seat; the pit to be seven feet long, five feet wide and eight feet deep, the building to be eight feet by six, and seven feet high, shingle roof, weather-boarded, two rooms, two doors, two windows, one seat with two holes in each room. To have the same completed in a decent and work- manlike manner by the first Monday in January next, and if so completed this board will pay him thirty-five dollars in county orders at said January session.
FIRST MOVE TOWARD THE PRESENT COURT HOUSE AND JAIL.
Feb. 20, 1856. " The subject of the erection of a new court house and jail for the county of Johnson, Iowa, being under consideration; and the county judge therefore being satisfied that there is great want of public buildings of the kind above named, therefore hereby
Orders, that an election be held in the county aforesaid, at the usual place of holding the same in the several townships in said county, to take
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HISTORY OF JOHNSON COUNTY.
the sense of the people of said county upon the questions, whether money shall be borrowed by said county to be expended in the erection and completion of a court house and jail, on the block of ground known as the court house square, in that part of Iowa City known as the county seat of said county; and also, whether that portion of the proceeds of the sales of swamp lands which may belong to said county, not required to reclaim them, shall be applied toward the payment of the money so bor- rowed by said county; and also whether a tax shall be levied on the tax- able property of said county to pay the interest on said loan, together with the principal or any part of the deficiency there may be after the proceeds of said swamp lands shall be applied."
The vote on the above propositions was taken April 7, 1856, and resulted as follows:
Court House.
Swamp Lands.
Township.
For.
Against.
For. 389
Against.
Iowa City
395
216
199
Oxford.
5
33
5
33
Jefferson
18
3
22
3
Union
1
36
1
36
Newport
25
49
28
48
Pleasant
Valley
12
77
13
76
Cedar
2
36
2
34
Monroe
9
48
15
44
Liberty
0
77
0
77
Big Grove.
25
39
26
37
Clear Creek
0
46
0
46
Washington
17
56
17
55
Penn
15
68
15
68
Scott.
22
30
24
29
Total
546
814
557
785
INSURANCE ON COURT HOUSE.
Jan. 13, 1875, Supervisor Nelson reported as follows:
To the board of supervisors of Johnson county, Iowa :-
GENTLEMEN: In accordance with the instructions of the board, I have placed $30,000 insurance on the court house, at a cost of 114 per cent., as follows:
Home, of New York
$ 5,000
Ætna, of Hartford.
3,000
Royal, of England.
3,000
Fireman's Fund, of Cal
1,000
Ins. Co. North America, of Phil.
3,000
Continental, of New York.
5,000
Niagara, of New York.
2,500
Phoenix, of New York
2,500
St. Paul, of Minnesota.
2,500
American Central, of St. Louis,
2,500
Respectfully submitted,
G. W. NELSON.
The first man regularly appointed as overseer of the poor was Andrew D. Stephen, Oct. 9, 1841; but of course many pauper bills had been paid
223
HISTORY OF JOHNSON COUNTY.
prior to this. At this time the office of overseer was made, specifying its duties, and Mr. Stephen appointed to fill it.
VOTE TO ESTABLISH A COUNTY POOR FARM.
The subject of the erection and establishment of a poor-house. and the purchase of a tract of land for the county, on which to erect said poor- house, being under consideration, and the judge of the county court of Johnson county deeming said measure advisable, it is hereby
Ordered, That a tract of land for a poor-farm, not less than 160 acres, nor more than 320, be purchased, and a suitable building and improve- ments be erected thereon, for the poor within said county, not to exceed in the whole a cost of five thousand dollars; provided the same shall be approved by a vote of the people of the county, at the April election, 1855. F. H. LEE, fudge County Court.
February 24, 1855.
The vote was taken on the second day of April, and resulted as follows:
Township.
For Poor House.
Against Poor House.
Township.
For Poor House.
Against Poor House.
Iowa City
527
16
Liberty
2
47
Big Grove.
63
19
Pleasant
Valley
46
9
Cedar .
32
2
Scott . .
7
18
Jefferson
30
1
Newport.
71
2
Monroe
1
6
Penn
62
2
Total
987
146
Clear Creek
53
0
Washington
66
S
Majority for poor house. . 841
Union.
24
16
COUNTY POOR FARM REPORT.
From county board proceedings of January 9, 1875, the following is of permanent interest and value as showing how well the institution was administered for one year at least :
Supervisor Spurrier, chairman of committee on poor and poor-house for 1874, submitted the following report, which was adopted:
To the Board of Supervisors :
GENTS :- Your committee on poor would make the following report:
There has been expended for permanent improvements $ 175.15
For farm implements and household furniture
132.20
For clothing and bedding 224.66
For groceries 398.86
For contingent expenses
88.85
For outdoor help.
140.00
Total
$1,367.62
There has been produce sold for cash to the amount of $ 947.27
There has been raised 2,200 bushels of corn, at 45 cents 990.00
There has been raised 35 tons of hay, at $10. 350.00 There has been raised 316 bushels of wheat, at 70 cents 221.20
There has been raised 290 bushels of oats, at 48 cents
139.20
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HISTORY OF JOHNSON. COUNTY.
There has been raised 200 bu. potatoes @ 40c. 80.00
There has been raised 600 heads cabbage @ 5c. 30.00
There has been raised various other products . 40.02
Increase in horses, 1 .
25.00
Increase in cattle, 8 @ $7
56.00
Increase in hogs, 50 @ $5.
250.00
Total $3,128.78
There were at the beginning of the year 18 inmates. There have been received during the year, 11. Discharged 14. Leaving now in the house, 15. There has been an average attendance of a little over 153. There have three deaths occurred; the general health, considering the age, has been good. The present steward and matrons have not abated (since our last report) any in their zeal, fidelity or succefs; we would heartily recom- mend their retention in their present position, and in view of their meager allowance in comparison with their toil and grave responsibility, would recommend a further allowance for the past year's services of $100. All of which is respectfully submitted.
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