USA > Iowa > Marshall County > History of Marshall county, Iowa > Part 4
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Woodbury and Dr. Glick both say, that none was sent from headquarters.
It is said by a responsible man, that when Judge Smith declared he would not issue a proclamation for a special election in favor of giving Albion the swamp lands without a petition from two-thirds of the voters, that he was surrounded by leading men from Marietta and told that he must do it, or he would be sorry, etc. Cowed down, the Judge burst into tears and said he would sell his house and lot for half price and leave Marietta.
We only give facts, and do not say that Marietta had a man on the ground. He was no doubt consci- entious in all his acts, his enemies cannot say he re- ceived a bribe, but he was too easily intimidated. A copperhead on Timber Creek, once frightened him in a terrible manner with words.
About seven o'clock, on the morning of the eleventh of January, 1859, Judge Smith is found in a chamber at Mr. Babcock's, with a sheet of paper before him with the county seal, or rather an impression, upon it, and several prominent men of Marshalltown as witnesses to a re-canvass of the vote upon the county seat, and an order for the removal of the records. Judge Smith, astonished to find the county seal, issued an order, although J. L. Williams, acting as county judge, would have been the proper officer. Judge Smith after sign- ing this order, was released informally, we believe. It was reported that Mr. Woodbury obtained the im- pression in the following manner : Being at the court house in Marietta to convey a deed to some person, he asked the judge if he could have a sheet of paper. Upon its presentation, while the judge was busily en- gaged, he carelessly let the county seal fall upon the paper, then folding it up with others, it was ready for use when the proper time came, and was presented to Judge Smith.
Another little piece of finesse we notice, to show
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the care that was used lest there should be an advantage gained by Marietta. When the returns were made out from Marshall township, the signing of the jurat was neglected by the proper officers, at the spring election of 1858. A few found this out, and with a secret pledge that it should not be divulged, they proceeded to rectify the mistake. Old Mr. Rice and Father Dunton started off in the night, and going to Judge Smith got the poll-book and brought it back to Mar- shalltown and made it correct, without the knowledge of another person in Marietta.
This is no hap-hazard revelation, and could it have been found out by Marietta, a day or two later, it would have made Marshall as famous for mistakes as the rejected three townships from the east side.
After Judge Smith had given the order to remove the records from Marietta, messengers were sent in every direction, to the friends of Marshalltown. For several nights the Town Hall in that place had been watched by zealous citizens for fear that some incendiary from the rival village might reduce the hard earned structure to ashes. The whole town was on the alert, and as the morning dawned cold and frosty, it ushered in the memorable day of the eleventh of January, 1859, and the
MARIETTA BATTLE.
Sheriff Harris ordered out the Bowen Guards, a militia company whose prowess had extended over land and sea, as a posse comitatus, to take, have, and to hold the capital of Marshall county. Their leader buckled on a sword that had never been wet in human gore, the men made hurried preparations for the attack, and every warlike weapon which could be found in the village was hunted up and scoured by the best of cotton rags and elbow grease, beside their own regular arms.
5
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Early in the morning, wagons came into town filled with armed men, orderlies were flying about carrying despatches, and everything denoted " war to the knife.' Messrs. Boardman and Turner started out before the Guards were quite ready, and stopped at Mr. Joseph Allen's, but were delayed by their carriage breaking down-the tire coming off. But whipping up, they concluded to go on without any tire, and in danger of going into general bankruptcy of wheel and buggy, they rushed into Marietta to make preparations for defense. But we will glance backward to the irate town on Linn Creek.
Sheriff L. L. Harris is making himself very con- spicuous in going through military exercises, and we will insert his order, for he denied ever giving any to Captain Shurtz, when he feared damages from Mari- etta people, as rumored. The order ran thus :
MARSHALL, Jan. 11, 1859.
Capt. E. SHURTZ, Esq .:
Sir-You are hereby commanded to summon your Company to be and appear before the Court House in Marietta, in Marshall county, Iowa, armed and equipped as by law required, forthwith-and by no means what- soever harm or molest any one without my orders. Hereof fail not, under the pains and penalties of the laws of the State of Iowa.
You are further commanded to strictly forbid any loose talk or swearing, or even threats from any one of your Company.
L. L. HARRIS, Sheriff Marshall County, Iowa.
Herein lay the delegated powers of the Bowen Guards, et literatim.
There was a large corps of observation ready early, consisting of young men and boys. There was Brig. Gen. Kelly, Anson, and Hambel, who assisted in getting things arranged; Chaplain Babcock was bustling about with his white cravat, and making wonderful
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calculations as to the number of the wounded to be taken care of through the day. Judge Smith paced the upper chamber of the parson's house, fearful of the result as to taking the citadel by storm, after counsel- ing soft words ; while Ferguson, of Timber Creek, told stories of Indian wars among the Pottawatomies. Women had prepared breakfast with trembling hands, and partaken of it with tearful eyes and agonizing thoughts, fearing that ere set of sun, their loved ones might return mangled corpses or maimed for life. The excitement had spread all over the county, one orderly, Mr. C. Davis, having rode a great share of the night to rouse the Marshalltown army to immediate action. It is supposed there were eight or nine hundred men on the ground, either as combatants or spectators of the bloody fray.
The Marietta army was commanded by L. L. Weath- erly, ex-sheriff, one of the best natured men in the world, and to see him now-a-days, one would not sus- pect him of belligerent propensities enough to kill a chicken. And so with the whole army, peaceable farmers and mechanics, all, but believing they were upholding the rights of the majority in the Marshall- town posse ; while the Marietta soldiers fancied they were defending their Court House from thieves and robbers.
The Bowen Guards had sent by S. Curkhuff, to Fort Dodge and obtained arms, and being drilled, with Elliot Shurtz as captain, George Hampton as first lieu- tenant, and Wells Rice as second lieutenant, the whole company with their escort, cavalry and outriders, might be seen on the move about eight o'clock passing out of Main street, every door and window filled with sobbing women and children ; there being no commis- sary or baggage for officers, and no artillery, the mili- tary pageant soon disappeared beyant the Western hills.
About ten o'clock, Mr. Gibson, another orderly, some
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say as a Marietta detective, returned upon a handsome charger riding at a furious rate, when a score of voices yelled out, " Has any one been killed ? " He shook his head mysteriously, and reported something to head- quarters, commanded by Major-Generals Woodbury and Henderson. After talking around town awhile, he mounted his horse and rode rapidly down the Marietta road to the scene of the engagement.
We will now follow the Bowen Guards. They had no martial music ; some whistled to keep their courage up, others sang Yankee Doodle and told hunting yarns, while a few, like Pat, kept up a " divil of a thinkin'."
In the meantime, Mr. Greener who had spent a little time at the Marshall House, found out there was a raid in progress, and sometime in the night mounted his pony and went on to Marietta to give the intelligence. Orderlies were sent in every direction, and every man capable of bearing arms in Liberty and Minerva townships was on hand sometime in the forenoon. A keg of powder was bought at some of the little stores up the Iowa river, by the contribution of many citizens of Marietta, and placed under the safe of the Court House, with a train and slow match ready to blow the raiders into atoms. Patterson, of Patterson's grove in Minerva, was high in com- mand, having been in the Mexican war, but ex-sheriff Weatherly was chief, and he gave orders that strict discipline should be kept through the attack. After locking the Court House, many stood on the steps awaiting the onset; many of the windows were filled with armed men, and even on the roofs of some of the houses might be seen belligerents ready for the fight.
The army of invasion had been preceded by a force of cavalry skirmishers that made their appearance about four o'clock in the morning, under the lead of Mr. William Bremner, we believe. Mrs. Boardman had a
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gun on her shoulder, and one of the company, "Kim " Cleaver, getting defiant, she intimated that if he said any more she would shoot him.
Other Marietta ladies were equally warlike, and the excitement deepened in intensity. J. Crookham, the bachelor lawyer, made his will before the justice, and then stood trembling near the Shively House, awaiting the attack. Mr. Dishon and Quincy Black were on hand, with pistols at home, to defend their firesides, for the threat had gone forth if the records were not given up, " the town would be reduced to ashes." Mr. Woodbury and Mr. Henderson had no idea of this, nor Mr Rice, Anson or Doctor Glick- their intention was to intimidate. But Scott and his gang of irresponsible men, taking advantage of this, were no doubt intending mischief. And many too, allowed their feelings to get the better of their judg- ment, so that the result was, a desperate, murderous- looking set of men entered Marietta, determined on having the records, or burn, murder and destroy.
Many of the young boys of the village had rifles, some had hatchets and axes, and we give the comic side also; a man by the name of Daly, was seen armed with a sausage-stuffer squirting muddy water at the invaders.
Harris came in first, with a few men as body guard, and presented his order very courteously to Mr. Weatherly, who refused, of course, to give up his trust. Wagon after wagon followed, filled with armed men, who dismounting walked around the streets looking fight, if nothing more. The Bowen Guards had halted near town till about twelve o'clock, and being hungry became anxious to fight or go home. Harris was to come back and tell them when to ad- vance, but he was cowardly and vascillating, so that no order ever came to Captain Shurtz to move forward. At last the Captain thought best to go on and see what was doing in the beleaguered city ; and the historic
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page of war was made brighter by the advance of the Bowen Guards to the Public Square. They were forty as brave men as ever carried muskets, in appear- ance. .
The women and children flouted and jeered at the poor Guards from the windows, some threw de- cayed eggs and vegetables, fragments of brick and stone ; and the contents of a huge wash-bowl fell upon the head of a devoted citizen of Albion, Hon. T. Brown, who was sandwiched among the soldiers.
THE ONSET.
Harris then commenced bustling about, and drawing up a number of wagons for breastworks, told Captain Shurtz to bring his men into line behind them. Among them were Messrs. Taft, Hepburn, Kelly, and other prominent citizens of Marshalltown. Slowly the Guards advanced, with officers Shurtz and Rice in front. The Marietta men cocked their rifles, and when within about sixteen feet of each other, there was not a sound to be heard but a click of guns. Hepburn looked at the right, at the left, and seeing the Guards flanked on every side, knowing that not ten feet off stood an enemy with his hand on the trigger, who had an old grudge to settle, he became suddenly aware of the fearful consequences, and calling out to Weatherly, "For God's sake, don't shoot !" threw up the sponge.
Mr. Sylvanus Rice, a moment before, had narrowly escaped trepanning from a cane being thrown at his head, and Mr. Aleck Crow was about to slip the mortal coil of a Guard, when Sam. Hoffman advanced a little from the line and drew a bead, saying, "I'll make a white Crow of you, sir, if you are not careful."
The crisis was ready to burst its rain of blood upon these deluded men of Marshall county, when Boardman
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advanced a step or two, and in a loud, clear voice, with his inevitable imperturbation, read the injunction from Judge Thompson, restraining all action of removing the records ; and with a higher authority than sheriff or guard, dispersed the crowd with a benedicite unlooked for, and which was really welcome to some, no doubt. The Bowen Guards slipped rather precipitately from the cul-de-sac in front of the Court House ; and some swearing and loud talking being heard in another direction, the swaying crowd thinned out in this place.
Scott with his gang, had tried to set a building on fire with bundles of hay, but fortunately did not succeed, and one of the Guards in watching this movement, and thinking he might assist, jumped over a yard fence and tore his drapery in a vexatious man- ner, the only abattis the Guards found.
Captain Shurtz now ordered his men to " fall in," and the militia were soon en route for Marshalltown- Harris not to be found. One valiant Marietta man now emerged from behind a pile of rails, another took his gun from the window, where he had been watching the fight, a half mile distant. One Guard came into the ranks, who had the stomach-ache fearfully, through the onset; another had to light his pipe-" be back in a minute," but his minutes lengthened into hours. But the most were real belligerents, for in the defense of the old flag, men from the "Swamp Kingdom " and " Anson's potato patch," gave their lives freely, and were buried together on Southern soil.
Had there been a chance shot, and it is a great wonder that among so many boys, none fired ; had Harris in the first flurry, rushed his men into the Court House and commenced breaking locks, there is no telling what horrors might have been committed. There is no mistaking this, and Providence certainly must have watched over these half-crazed men.
Outsiders began to talk over the injunction and com-
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pare notes, some swearing at the judge for spoiling the fight ; they finally followed the action of the Guards, mounted their horses, filled the wagons, and drove away. At sunset, the contest was fairly over, no one hurt, and Marietta was the county seat in spite of guard or musket, wearing her diadem with undimin- ished lustre ; she was every whit the queen of the Iowa valley as before, without sending a single hero to the shades of Valhalla.
THE RETREAT.
The Guards on their return, with cavalry, pickets and signal corps in a Bull Run confusion, met, about half way from Marshalltown, Judge Smith and Mr. Woodbury, going to Marietta. The judge made a speech, saying that he had done what he thought was right, of his own free will, and was glad things were as well off as they seemed.
We will not attempt to describe the thoughts of the stalwart army as they approached the gates of Mar- shalltown, for here the tragedy ends in a farce. The Guards had marched up more than "one hill then down again," had come home victorless and no scalps. No county records, no ashes of Marietta buildings, not a scratch or smell of gunpowder, but awful tired and hungry. "Where is your dead ?" "Where was you in the fight ? " These questions assailed the poor Guards on every side.
Messengers had been coming into town through the day, but still there would be false reports. Among them was one, that Wells Rice was killed, which of course had made his family nearly frantic. Although he was foremost in the fray, he had returned safe and sound.
Another messenger had reported the streets of Ma- rietta were running with blood. Naturally these rumors had suspended all business; the ladies had
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walked about from one house to another, trying to find some consolation in each other's courage, so that when the doughty army came home safe, the rebound from such a dismal strain was wonderful. Wives joked at the expense of their husbands, tea was got, and the meal ended under happier auspices than ever before in their households.
We have heard many ladies say, that going to the battle-fields of the South, was nothing so gloomy as that dreadful day at Marietta. They felt not the loss of the county seat, or of its prospective advantages at the evening's close, so the loved ones were at home safe.
Several quarrels came off collaterally, but as far as open fighting went, this was the last of the Marshall- town army.
It was thought the next morning in Marietta, that the raiders might return, and every precaution .was used to guard the public property, but the plumes of the Marshalltown cavaliers were not seen, for it was believed that the injunction restrained all further action, and they were, after all, in favor of law and order.
But more was had of the pen than of the sword. The lawyers were busy, and at the April term of the District Court, following, the mandamus case came up again. There was a long trial on the injunction, and an attachment was issued against Judge Smith for con- tempt, but he appealed to the Supreme Court, which decided against him. At this District Court, Marietta had a band of men pledged to secrecy, and under promise to slay and destroy, if Marshalltown attempted to take the safe from the Court House, even if decided in her favor.
Previous to this, on the 13th of January, Judge Smith issued bonds to William Dishon on a contract to build a Court House, and to the tune of $26,000. Mr. Dishon went to New York and sold the bonds for 6
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goods instead of building, and this mercantile trans- action cost the county $8,000 to release the bonds. The bond-holder offered by his agent, to Mr. C. B. Rhodes, of Edenville, five hundred dollars if he would use his influence to bring them to a par value through action of the board of supervisors, though there had been an injunction issued against the sale of them. Judge Smith expected, at the time, that Mr. Dishon would do what was right, we have no doubt, but he was not careful enough in placing himself in the hands of designing men.
We know that Marietta was fighting for her homes and that the citizens of Marshalltown did many things illegal to gain her ends, but there was a majority in her favor. The fault seemed to be, Marietta could not nor would not seeit. This action was copied by Eldora. A little town in Hardin county had a majority of three over her, yet she would not, and never did, deliver up the records, and for her pertinacity is down on the maps to-day as the capital of that county.
The injunction case came up again at the June term of the Supreme Court, and the December term also, when the whole case was reviewed and argued, and finally a decision was given in favor of Marshalltown, which ended the whole controversy.
There is another reminiscence of this war which we cull from the past. Mr. James Hambel, in an angry dispute with Mr. Gibson, told the latter, that he had " an eye for looking up a rope." This the gentleman took as a threat, and forthwith procured a warrant for the arrest of Mr. H. Mr. Wimberly, the deputy sheriff, being from Marietta was not personally acquainted with the culprit, and on coming up to the court house in Marshalltown, inquired of Hepburn where he lived. Shurtz standing by, knowing the danger of Hambel, winked to Hepburn to keep Wim- berly busy, then scudding around the building, has- tened down to Hambel's to hide him. At last Wim-
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berly got impatient, and asked again where the rascal could be found. The polite lawyer pointed out a man chopping wood in the yard as if for dear life. " That's him," said he.
Wimberly rode up to the house, dismounted, and commenced reading the summons to a man in a green coat and plug hat. After hemming and hawing and looking at the papers, causing as much delay as possi- ble, Shurtz suddenly looked towards the public square and said in a sly way, "I guess you are mistaken in the man, Mr. Hambel is in his grocery." The officer hastened in quest of his game at the grocery, but no Hambel could be found. "He is down to his barn, I seen him go," said an innocent youth. Mr. Wim- berly rode up to the gate and seeing a man standing near the stable door, asked the person if he was Mr. James Hambel, of Marshalltown." "I am not," an- swered the wicked James, " but he is in the stable." The officer dismounted and went into the barn, but the culprit was invisible, of course. Coming into the daylight again, believing he was sold, he looked in the direction of Sam. Scott's house, where he saw a man with grey clothes, on a horse, the same that the person wore when he drove up the second time, deny- ing his identity. Wimberly put spurs to his horse to overtake him, and then commenced as laughable a race as ever was seen.
The man with grey clothes was not to be caught -down one street, up another, neck and heels, until quite a little time elapsed and then the deputy finally caught the John Gilpin. "A'nt you Mr. Hambel ?" the pertinacious officer asked. "Nary time; what are you eternally dogging me for ?" answered Shurtz, and his great black eyes looked unutterable ugly things at him. Wimberly thought he had better start for Marietta at once, and he was not seen again in Mar- shalltown until the cars came in for the first time, when he took observations, never having seen a rail- road or car before.
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J. L. Williams was to have been arrested at the time of Judge Smith's incarceration, but he dodged the officer very successfully, hiding behind the pantry door, and under the bed, till he wore out the patience of his pursuer, and was left to enjoy the sweets of home.
But the greatest martyr in the conflict, was Rev. Mr. Babcock, who made himself quite meddlesome on some occasions. He tried to coax Mrs. Judge Smith to come down to Marshalltown to live, but the Mari- etta ladies blocked his game, by showering decayed eggs upon his clothes and saddle. No doubt he wished for a Smithfield fire to heat water for cleans- ing purposes, as he retired from the angelic braves. Doctor Statler also received some mal-treatment a day or two after the battle.
Upon summing up the case, an impartial witness would rejoice at the end of the conflict, for beside the bitter hatred and the blight attending such a contro- versy, there was an enormous expense in the courts connected with the exciting drama. As early as 1853, Messrs. W. Rice and Anson, paid Atwater, of Marietta, a thousand dollars to identify himself with Marshalltown, and urge its claim in the District Court. His argument is said to be one of the most masterly documents of the kind ever presented to a legal tribunal-all bosh and sophistry, to be sure, from beginning to end, but it gave the contest wordy show for the rival of Marietta, which after seven long years of waiting was crowned with success. Atwater, we opine, got tired of battling, or else he was afraid the antagonists would eat each other up before they were done with it, for he disappears early from the theater of action and is not heard of after 1854, in the his- tory of the county,
William Penn Clark, the counsel for Messrs. Rice, Anson and Woodbury, was paid five hundred dol- lars at one time ; not being satisfied with this little
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sugar plum, has sued for five hundred more, and the suit is still hanging fire in the Supreme Court. Judge Cole, now of the Supreme bench, received at one time, two hundred dollars from Marietta ; Crocker, the same amount ; but we have mentioned a very small share of the expense. Messrs. Henderson and Boardman gave their services gratuitously ; it was a sort of legal training for them et gladiatour, and served to make them the athletes they are in the profession.
After the decision of the Supreme Court, declaring that Marshalltown was the rightful capital, Judge Smith, accompanied by L. Williams, on the last day of December, 1859, willed that the disagreeable task must be done, of
REMOVING THE COUNTY RECORDS.
Hitching up six yoke of oxen, the long contested property was taken from its corner in the little Court House at Marietta, placed aboard a sled, and under cover of the evening's darkness, across the silent prairie, with the mercury ten degrees below zero, they finally came to Main street and with but little cere- mony gave up their trust to the proper officers.
The New Year dawned upon a glad village when the joyful news was proclaimed to the citizens of Marshalltown that the crown had changed hands, to last forever. Forthwith messengers were sent in every direction with invitations to everybody in Marietta and elsewhere to attend a
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