USA > Iowa > Madison County > History of Madison County, Iowa, and its people, Volume I > Part 8
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Nothing further appears in the record relating to the county jail, until a special term of the Commissioners' Court held February 8th, at which it was "ordered that James Thornbrugh be allowed of the town lot fund one-third of the amount allowed him by contract, for building the jail, at the commencement of the building of the same." This is the first and only intimation in the record that a contract had been let to any one, and the record is silent concerning the price to be paid or the terms, other than when payment should be made. It may be added here that Thornbrugh was also the commissioners' clerk at the time, but
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HISTORY OF MADISON COUNTY
the hand writing of the commissioners' record shows for itself that Israel D. Guiberson, as deputy clerk, was entering all the record, for some time before as well as afterward during that year.
Among the remmant miscellaneous papers yet preserved in the auditor's office is the commissioners' specifications of this jail building. Because of its oddity, and the all round uniqueness of the building required to be built, it is given in full. It was written by Israel D. Guiberson :
"Specifications of a jailhouse to be erected in the town of Winterset, Madison county, Iowa, to wit: Size of same to be 18 feet square, the foundation to be laid of good stone, three feet high and three feet thick, two feet of said founda- tion to be beneath the surface of the earth and one foot above, the whole square between the foundation walls to be raised to a level with said walls by filling in small rock, the whole of which is to be floored over with liewn timbers 12 inches thick, from said floor on each side is to be built two walls of liewn timber eight feet high and one foot apart and the space between to be filled in with rock and mortar. The second floor to be lain with hewn square timbers 12 inches thick and finished on top with 11/2 inch plank nailed through the outside, timber walls to be continued 7 feet above the second floor and then to be floored over in the same manner as the second, except the 11/2 plank, all of said timber to be of good oak or walnut or slippery elm, one window 12 inches square in the lower story with iron bars 4 each way in each wall, and a trap door through the second floor to be composed of 2 inch lumber double and well nailed together with large iron spikes, to be a door into the upper story, door shutter to be made of inch lumber, double, well nailed together and hung in substantial manner with strong iron bars across each side of said door so as to be locked and made safe; also a flight of stairs to be erected on the outside of said building and a platform to enter said door in the upper story, iron bar across said trap door, and a strong lock to fasten the same, so as to make it substantial; also to be a good shingle roof put upon said house ; all of which is to be completed by the first Monday in October, A. D. 1851; the contract for the building of the same to be let to the lowest bidder, who shall give his bond with security to the commissioners of Madison county, Iowa, conditioned according to the specifications above named.
"P. S. Timber may be to inches in place of 12. There is to be a window in the second story, similar to the one named to be in the first story, with 4 iron bars each way. The outside wall to be laid with a cement made of sand and lime laid in the cracks as the wall is raised, and the logs to be notched down so as to touch. All of said work to be done in workmanlike manner."
And this old barricade tried to do its duty for many long years. A prisoner once remarked on being taken into it that "a man ought to be ashamed to try to get out." Anecdotes relating to the old shack are numerous and amusing.
Work on the jail proceeded slowly and at the July meeting the commissioners extended the time for its completion until January 1, 1852.
When the jail was completed is not known, as the records after September, 1851. appear to be missing for a period of more than two years. Nor do existing records show how much the contractor was to receive, nor how much was paid him, for its construction. However, he received the sum of $232.50, July 7, 1851, on the contract. And in the county judge's annual statement for the year
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HISTORY OF MADISON COUNTY
ending July 5. 1852, there is an entry of "balance due on jail $25." The members of the board at the time were David Bishop, Norval S. Alleock and Edward Wood. The sheriff's name was Silas Barns.
In 1865, a committee of the board of supervisors, appointed to consider repairs on the jail, reported against the feasibility of spending any money on the old cabin, whereupon the clerk of the board was authorized to sell the jail to the highest bidder. Some time later the old relie was removed and for a while John Stifler maintained a set of scales on the lot. In June, 1867, "the application of the Soldiers' Monument Committee for aid was taken up, and on motion, it was voted to donate the jail lot for the benefit of the monument and Il. J. B. Cum- mings, C. D. Bevington and M. R. Tidrick were appointed a committee to sell the same." Rev. C. T. McCaughan was the purchaser, who dismantled the concern and used the logs in building a stable on his own lot.
THE PRESENT JML
When the second and third courthouses were built the county jail was made a part of the structures. The courthouse, put up in 1868 and destroyed by fire in 1875, had cells for prisoners in the second story, but when a replica of the ruined structure took its place, provisions were made for incarcerating offenders against the law in the basement. This continued to be the county jail until the year 1903, when a two-story, pressed brick building was erected, on the corner of Green and North First streets, at a cost of approximately eleven thousand dol- lars. The front is on the Green Street side and is arranged as a residence for the jailer. To the rear, on the First Street frontage is the jail proper, which has in the center of it one large room, a steel cage, divided into cells. This building was secured for the county after considerable opposition by certain of the tax- payers.
MADISON COUNTY'S STATELY TEMPLE OF JUSTICE
The taxpayers of Madison County have expended for the building of the last two courthouses about two hundred and fifty thousand dollars, of which $120,000 was practically a total loss. Displaying a just realization of the importance of the bailiwick to the state and assuming a pardonable pride in her institutions, the money was granted by the electorate for the building of a temple of justice that would do them credit from a material and artistic point of view.
The construction of the first modern building, of which the present one is almost an exact replica, was commenced in the year 1868, and in its description the reader will have in mind the one now standing. The structure was built of the famed grey limestone so abundant in the county, and is in the form of a Greek cross, each of its four wings fronting a street. At the entrances are mas- sive stone columns supporting piazzas, which are approached by concrete walks from each street ; from them flights of stone steps, fifty feet in width, lead to the main corridors, six feet above the level of a beautiful campus.
The first floor is devoted to the county offices. These rooms are well lighted by high, broad windows and are supplied with steel vaults for the safe keeping
MADISON COUNTY JAIL, WINTERSET
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HISTORY OF MADISON COUNTY
of valuable documents. In the second story are the court room, apartments for the judge and attorneys and jury rooms. The attic, which is large and spacious, makes a convenient place for the storage of the flotsam and jetsam accumulating from year to year. The basement was for many years the county jail, having cells for the incarceration of prisoners, and in this arrangement it differed from its unfortunate predecessor. as in that one the jail was constructed in its second story. The whole is surmounted by a majestic dome, in which is hung a pon- derous bell, whose tolling warns the judge and bar of the customary fiction that "it is eight o'clock until nine." On the apex of the dome is a cupola, in which is "the town clock," having on its four faces dials, that are plainly visible at night for many miles, made so by electric lights surrounding them.
This building cost about one hundred and thirty thousand dollars and was finished early in the year 1878, the work on its construction having been started soon after the destruction of the one preceding it. The new courthouse pleased the people who built it and has called forth the admiration of all who have seen it. Standing as it does in a beautifully shaded park, its majestic proportions stand out clearly and speak for themselves. Phoenix-like the temple arose from its own ashes and even today is one of the best buildings of its character in the State of Iowa. Dedicatory exercises followed the securing of the keys from the con- tractor, which are indicated by the program hereto attached :
DEDICATION OF THE MADISON COUNTY COURTHOUSE AT Winterset, Iowa, February 4th, 1878
President .- Hon. John Leonard Hon. John Mitchell Hon. Wm. M. Stone
Vice Presidents Hon. C. C. Nourse Hon. 11. W. Maxwell Hon. Fred. Mott Chaplain .- Rev. J. H. Potter Music By WINTERSET LIGHT GUARD BAND
Programme :
I .- Music,
2 .- Prayer.
Band Chaplain Band
3 .- Music,
4 .- Introductory Address, President 5 .- Address, Hon. G. G. Wright 6 .- Music, Band
7 .- Addresses, Hon. John Mitchell and Hon. Wm. M. Stone 8 .- Music, Band 9 .- Addresses, Hon. C. C. Nourse and Hon. H. W. Maxwell
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HISTORY OF MADISON COUNTY
Toasts :
1 .-- Madison County-The peer of any county in the State in resources, and the enterprise of her citizens.
Response, Hon. Fred Mott
2 .- The Judiciary of lowa -- Distinguished alike for its learn- ing and integrity. May it continue the guardian of the rights and liberties of the people.
Response, Hon. C. C. Cole
3 .- The Bar of Madison County-May it ever maintain an honorable standard in the profession.
Response, T. C. Gilpin
4 .- The Bar of lowa-In character and ability the peer of any in the Union.
Response, llon. P. Gad Bryan
5 .- This Court House-May the law be here administered in the enlightened spirit of the age, and only in the advancement of justice.
Response, Rev. Henry Wallace
6 .- The Superintendent and workmen who constructed this building, worthy the gratitude of their patrons for their skill and fidelity.
Response, S. G. Ruby 7 .- The ladies of Madison county, God bless them.
Response, .A. W. C. Weeks
Music, Band
A BIT OF COURTHOUSE HISTORY
The first stone courthouse was discovered burning about 1 o'clock on the morning of October 2, 1875. The fire broke out in the gable of the east wing and soon communicated with the dome. The wind was blowing a gale from the south at the time and nothing could be done to arrest the fast consuming flames. The north side of the square was in imminent danger, which was averted by the heroic efforts of citizens, many hurriedly reaching the scene of destruction from the outlying districts. All valuables were removed from the treasurer's office and most of the records were gotten out ; then the vaults were locked. Not an accident occurred, but the building was an utter ruin and carried no insurance.
On the 27th day of October, 1875, a few days after the disaster, the board of supervisors called a special election for November 23d, following, so that the question of issuing $100,000 in bonds, for the purpose of building a courthouse might be passed upon. The election was held and the proposition carried by a majority of 464.
At a meeting of the Madison County Historical Society, held March 9, 1007. Judge W. 11. Lewis had a valuable and interesting paper, treating of certain phases of the first courthouse history, which is deserving of a place in this chapter. In this relation he said :
The second courthouse in Madison County was built under contract. The
FIRST COURTHOUSE, WINTERSET
Built in 1850
COUNTY COURTHOUSE, WINTERSET
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HISTORY OF MADISON COUNTY
contract for its erection was let in 1868 by the board of supervisors during the time it consisted of seventeen members, and was awarded to Jacob Reichard, of Marion County, Iowa, to be built and completed within a term of three years. The nearest railroad station at that time was DeSoto, or perhaps a point east of Des Moines, and the work of getting material for the building was a difficult one.
During the time the house was being built there was a considerable degree of friction between the contractor and the board of supervisors. These troubles reached their climax in the autumn of 1870 when the house was completed, and the contractor and the board of supervisors not being able to agree on terms of settlement, the contractor locked the doors and refused to give possession of the house. Public interest had previously been excited by the circumstances, that during the second year that the work was going on, the county auditor seemed to be the adviser and attorney for the contractor while by law he was the repre- sentative and guardian of the public interests. This feeling of dissatisfaction was increased when at the close of his official term and during the last year of the work of building the courthouse he openly took charge of the contractor's in- terests.
The last session of the "big board of supervisors," while it yet consisted of seventeen members, was held at about the time of the completion of the house and they were unable to make terms to obtain possession of the house and a final adjournment was made leaving the contractor in possession of the house and the doors locked.
This state of affairs continued until the Ist of January, 1871, when the first meeting of the board of supervisors with three members occurred. No settle- ment was reached at this session and just as the final adjournment for the term was about to be made, a member suggested that they ought to take possession of the courthouse before going home. The other members replied that they would be glad to do so if they could and it was agreed to try. A lawyer, V. Wainwright, was called in and he suggested a plan, which was adopted and put in operation at once.
A suit was begun before justice of the peace, V. G. Holliday, claiming that the keys of the courthouse were the property of the county and asking that a writ of replevin be issued and the keys taken from the contractor and delivered to the board of supervisors. The contractor, Mr. Reichard, his attorney, T. C. Gilpin, Melvin Stone, a hardware dealer, and several other persons were made parties defendant. The proceedings were begun just at nightfall and the justice announced that he would hold court until the case was finished. The writ of replevin was issued and placed in the hands of Sheriff J. S. Tullis for service.
Stone, who was one of the defendants, had made a contract to furnish a lot of heavy coal stoves to use in the courthouse and the stoves had arrived and he had no room to put them in his store and having no other place to put them he had notified the auditor that he was ready to set up the stoves in the courthouse according to his contract, but as the contractor had the keys he would not allow the stoves to be put in.
Reichard and Stone were close personal friends and to accommodate Stone, it was arranged between them that Stone might put the stoves in the house in the night after the stores were all closed and everybody asleep.
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111STORY OF MADISON COUNTY
It was thought best to try to get the keys Stone was supposed to have first. The office of the justice was so located as to afford a good view of the windows of the courthouse and the court, the sheriff and his posse and the supervisors sat and waited for the light that told that Stone and his men were in the house at work.
While they waited, it was learned that one of Reichard's men had gone in the early evening to take the train at DeSoto for Des Moines. As Reichard had been getting money of a Des Moines bank and the cashier was getting uneasy, it was conjectured he was taking the keys to the bank to serve as collateral, so a deputy was dispatched with the best team in town, with orders to overtake him at all hazards.
.After midnight the light was seen to move toward the east entrance and the sheriff and his posse placed themselves near and waited until all were outside. the door locked, and all a few feet away from the door, when he announced him- self as sheriff and called a halt and surrender. The presence of a well placed posse made it easy to obey the demand. The sheriff demanded of Stone the sur- render of all the keys to the courthouse he had in his possession. This Stone refused and the sheriff took him and his men before the court and the court ordered him to deliver the keys to the sheriff. Stone again refused and the court promptly adjudged him guilty of contempt and ordered him to be fined and imprisoned until he obeyed the order. Finding himself thus placed, he gave up a large bunch of keys. The sheriff was ordered to hold him in custody until it appeared that he had given up all the keys.
J. F. Jones, a mechanic, who had fitted all the locks on the doors was in court and the bunch of keys Stone gave up was given him to examine and desig- nate the doors to which they belonged. This he was able to do and he found that the keys to the jail, which was located in the third story, were not in the lot. While these keys were being sorted the sheriff and his posse went to look up Reichard and his attorney. The contractor's boarding house was surrounded and the sheriff rapped at the door, announced himself and his business and de- manded admittance. Some delay was made and excuses were offered for not admitting him. A window was raised at the back of the house and Reichard started to climb out, but Joe Garlinger laid his hand on him and told him to get back. There seemed to be much noise made about the stove, and the sheriff was getting impatient when they let him in. They found a hot fire in the stove and a bunch of keys in the fire. The fire was quickly drawn and the keys got out. With these keys and Mr. Reichard, the sheriff returned to the justice's office and found the court still in session and ready to proceed with the case. Reichard was asked concerning the keys but refused to answer, demanding to see his attorney. He was promptly gratified, for at that moment the deputy sheriff with Reichard's attorney. T. C. Gilpin, in charge, appeared in the door. After a brief consultation, Reichard refused to answer any and all questions. The court ad- judged him to be in contempt and ordered him committed to jail. The question concerning the keys was asked of the attorney, who also refused to answer. and was promptly adjudged in contempt and ordered committed to jail. Reichard and his attorney both began to laugh but the sheriff showed the jail keys and tokl them to follow him.
RUINS OF SECOND COURTHOUSE, WINTERSET
VIEW OF COURTHOUSE SQUARE, WINTERSET, 1968
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HISTORY OF MADISON COUNTY
At this the smiles faded and they announced themselves ready to answer. They said there was a lot of keys in a barrel of ashes in the backyard at Reichard's boarding house. Some of the posse went and got them. At this time the deputy sheriff, who had gone toward DeSoto returned with his man, but he had no keys. Mr. Jones said he seemed to have keys to all the doors and the defendants were relieved from the penalties for contempt of court until later in the day.
It was now nearly daylight and messengers were sent for each county officer to report for duty at the new courthouse. In a very short time all appeared and each was given the key to his office and directed to move in immediately. The rising sun shone on a busy scene in that courthouse. Many men were hurrying in with armfuls of books and early in the morning every officer was behind his desk ready for business. This was Saturday, and Saturday was then, as ever, before and since, a great day in Winterset. As the people came in the news was joyously spread that the new courthouse was open and in possession of the county officers. A happy crowd of people passed through the halls and corridors until nightfall, and the new board of supervisors were unanimously voted the heroes of the day.
THE COUNTY FARM
When the county grew to such proportions as to acquire a class of people known as indigents, the helpless poor and unsound of mind, it became necessary for the authorities to devise ways and means for their care and comforts. At first, when their number was insignificant, the unfortunate ones were "farmed out" to a proper person, who undertook, for a nominal remuneration, to give his charge food and shelter. This system was a makeshift and very unsatisfactory to the county and her wards, so that it was determined to provide an asylum, to be built and maintained from the public funds, for those worthy of support. To this end a tract of land was purchased in the year 1876, where a large frame building was erected for inmates. Later, a two-story brick structure was erected for the care and safe keeping of the feeble minded and insane. Some few years ago, the building for the insane was abandoned for its original purpose, owing to a law having been passed making it obligatory on counties of the state to send their hopelessly insane to a state institution provided for them; so that, for several years this building on the county farm has practically remained vacant. However, the farm, consisting of 25634 acres and located in sections 24 and 25, Douglas Township, has been kept in a good state of cultivation and all necessary buildings have been maintained for the steward, inmates and live stock. The number of unfortunates seeking care and shelter in this infirmary has never been large and at this writing there are only twelve, nine of whom are men and three women.
In his annual report for the year 1913, the steward, G. W. Gilliland, makes the following notations: "The farm consists of 257 acres, upon which is built one dwelling house of nine rooms, one pauper house of fourteen rooms and one of twelve rooms; two barns, double corn crib, poultry house, ice house, workhouse, coal house and two hog houses Total valuation of farm, $30,808." Vol. J-5
CHAPTER VII
POLITICAL
The county had been divided into three voting precincts, named North, Center and South, and their names suggest their relative location. North included all the territory north of a line drawn from the head of Cedar to the west line of the county, down the channel of Cedar to where it crosses the line between now Union and Crawford townships, thence east to the east line of the county. Center precinct embraced that portion of the county beginning at the point where Cedar crosses the boundary line between now Union and Crawford townships, thence south along that line to the dividing ridge between Middle River and Jones Creek, thence westerly to the county line, thence north to the south line of North Precinct. South Precinct included the remaining portion of the county, being south and east of Center Precinct. Thus Center had the smallest area but it . contained over half the votes of the county.
NORTH PRECINCT
The election was held at the log house of Samuel Guye, which stood near the southwest corner of the southeast quarter of section 7 in now Union Town- ship. The judges were James W. Guye, Joseph Combs and AAlfred Rice ; clerks were Claiborne Pitzer and Joshua Hinkley. Rice first administered the oath to all the others and in turn Guye qualified Rice. The poll opened about 9 o'clock A. M. and closed at 6 P. M. The following persons voted in the order given : William Brunk, Jacob Combs. John Wilhoit, Martin Baum, William Sturman, David S. Bowman. James Brown, Irvin Baum, Samuel C. Brownfield, Leonard Bowman, John B. Sturman, John Cracraft, John R. Beedle, Amos Case, David Cracraft. William Combs, George W. Guye, Samuel Guye, William Hinshaw, Joseph Combs, Claiborne Pitzer, Joshua Hinkley. James W. Guye, Alfred Rice- 24. In this precinct Bilderback for sheriff had 3 votes. Guye for sheriff had 18: MeClellan for district clerk. 15: Samuel Casebier for district clerk. 5: 1. D. Jones for prosecuting attorney, 18: Bowman for coroner. 18: Combs for com- missioner, 20: Daniel MeKinzie for commissioner. 3: Bishop for commissioner, 13: Alleock for commissioner, 7 : Gentry for commissioner, 13 : Caschier for com- missioner. 1: Henry MeKinzie for commissioner, 6; Boyles for commissioners' clerk, 16; Thornbrugh for commissioners' clerk, 6; George W. MeClellan for commissioners' clerk, 1; Phipps for probate judge, 17: Joshua Hinkley for re- corder, 9: Jones for surveyor, 18; David Cracraft for school fund commissioner. 7; Alfred Rice for justice, 21 ; John R. Beedle for constable, 21 ; George W. Guye for constable, 16; Martin Baum for constable, 3; Mr. MeKinzie for commis- sioner, 2.
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