History of Tama County, Iowa, together with sketches of their towns, villages and townships, educational, civil, military and political history, portraits of prominent persons, and biographies of representative citizens, Part 39

Author: Union publishing company, Springfield, Ill., pub
Publication date: 1883
Publisher: Springfield, Ill., Union publishing company
Number of Pages: 1088

USA > Iowa > Tama County > History of Tama County, Iowa, together with sketches of their towns, villages and townships, educational, civil, military and political history, portraits of prominent persons, and biographies of representative citizens > Part 39

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"The voice of Nature's very self drops low, As though she whispered of the long ago, When down the wandering stream the rude canoe Of some lone trapper glided into view, And loitered down the watery path that led

Thro' forest depths, that only knew the tread Of savage beasts and wild barbarians,

That skulked about with blood upon their hands, And murder in their hearts. The light of day Might barely pierce the gloominess that lay Like some dark pall across the water's face, And folded all the land in its embrace ,

The panther's screaming, and the bear's low grow),

The snake's sharp rattle, and the wolf's wild howl,

The owl's grim chuckle, as it rose and fell In alternation with the Indian's yell.

Made fitting prelude for the gory plays That were enacted in the early days.

"Now, o'er the vision, like a miracle, falls The old log cabin with its dingy walls, And crippled chimney, with the crutch-like prop Beneath, a sagging shoulder at the top. The 'coon skin, battencd fast on either side, The wisps of leaf tobacco, cut and dried ; The yellow strands of quartered apples hung In rich festoons that tangle in among The morning glory vines that clamber o'er The little clapboard roof above the door ; Again, thro' mists of memory arise The simple scenes of home before the eyes ; The happy mother humming with her wheel ; The dear old melodies that used to steal So drowsily upon the sumuier air,

The house dog hid his bone, forgot his care And nestled at her feet, to dream, perchance, Some cooling dream of summer-time romance. The square of sunshine through the open door That notched its edge across the puncheon floor, And made the golden coverlet whereon The god of slumber had, a picture drawn Of babyhood, in all the loveliness

Of dimpled cheek, and limb, and linsey dress. The hough-filled fire-place and the mantle wide, Its fire-scorched ankles stretched on either side, Where, perchance upon its shoulders 'neath the joist, The old clock hiccoughed, harsh and husky voiced ;

Tomatoes, red and yellow, in a row,

Preserved not them for diet, but for show ; The jars of jelly, with their dainty tops ; Burches of pennayroyal and cordial drops,

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HISTORY OF TAMA COUNTY.

The flask of camphor and vial of squills, The box of buttons, garden seeds and pills. And thus the pioneer and helpsome aged wife Reflectively reviews the scenes of early life."

WOLF HUNTING.

In early days more mischief was done by wolves than by any other wild animal, and no small part of their mischief con- sisted in their almost constant barking at night which always seemed menacing and frightful to the settlers. Like mosquitos the noise they made appeared to be about as dreadful as the real depredations they committed. The most effectual, as well as the most exciting, method of ridding the country of these hateful pests, was that known as the circular wolf hunt, by which all the men and boys would turn out on an appointed day, in a kind of circle com prising many square miles of territory, with horses and dogs, and then close up toward the center field of operation, gathering, not only wolves, but also deer and many smaller "varmint." Five, ten or more wolves, by this means, would be killed in a single day. The men would be organized with as much system as a small army, every one being posted in the meaning of every signal and the application of every rule. Guns were scarcely ever allowed to be brought on such occasions, as their use would be unavoidably dangerous. The dogs were depended upon for the final slaughter. The dogs, by the way, had all to be held in cheek by a cord in the hands of their keepers until the final signal was given to let them loose, when away they would all go to the center of battle, and a more exciting scene would followthan can easily be described.

This plan was frequently adopted in most of the neighboring counties ; but not

a single instance of such a hunt has been found in Tama county, by the historian.

BEE HUNTING.

This wild recreation was a peculiar one and many a sturdy pioneer gloried in ex- celling in this art. He would carefully watch a bee as it filled itself with the product of some sweet flower or leaf bud, or water and notice particularly the direc- tion taken by it as it struck a " bee-line " for its home, which, when found, would generally be high up in the hollow of some tree. The tree would be marked, and in the fall a party would go and eut down the tree and capture the honey as quick as

they could before it wasted away through the broken walls in which it had been so carefully stowed by the busy little bee. Several gallons would often be taken from a single tree, and by a very little work, and pleasant at that, the early settlers could keep themselves in honey the year round. By the time the honey was a year old it would turn white and granulate, yet be as good and healthful as when fresh. This was called by some "can-died" honey.

Another plan of finding the nest was to take a little honey in a box, and burn it a little, so that it would scent the air. This never failed to draw bees if there were any near. Then the box would be put away and the bee followed. Every now and then the hunter would make some mark with his foot so that if he lost the bee he could "take a sight," and by fol- lowing exactly the direction of the bee could find the honey; for the bees fly as straight as a bullet.

SNAKES.

In pioneer times snakes were numerous, such as the rattlesnake, massasauga, many

DFBrimer

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HISTORY OF TAMA COUNTY.

varieties of large = e snake, garter, wa- ter snake and others. A few rattlesnakes were found in this region, and some very large ones, but they were not very numer- ous. The massasanga, which is often confused with the rattlesnake, were very plenty. They are an ugly looking snake, fom eighteen inches to two feet in length, clumsy, and of a dirty brown color. They have three or four rattles, which they use as a warning. They are poisonous, but it was very seldom, if ever, that their bites proved fatal, or even resulted in much in- convenience to the unfortunate. A weed called "Indigo Weed," which grows in this country, was much used for the bites, the recipe having been learned from an old Indian. Others found it just as effect- ual a cure to bury the foot-if that was the part bitten-in the cold mud for half an hour, pouring water upon it to keep up the moisture.

RELIGION.

The religious element in the life of the pioneer, was such as to attract the atten- tion of those living in more favored places. The pioneer was no hypocrite. If he believed in horse-racing, whisky- drinking, card-playing, or anything of like character, he practiced them openly and above board. If he was of a religious turn of mind, he was not ashamed to own

it. He could truthfully sing

"I'm not ashamed to own my Lord, Or blush to speak his name."

But the pioneer clung to the faith of his fathers, for a time, at least. If he was a Presbyterian he was not ashamed of it, but rather prided himself on being one

of the elect. If a Methodist, he was one to the fullest extent. He prayed long and loud, if the spirit moved him, and cared nothing for the empty form of re- ligion.

AGRICULTURE.

In the earlier settlement of this section, ponds, marshes and swamps abounded, where to-day are found cultivated and fer- tile fields. The low and flat places were avoided for the higher grounds not only on account of the wetness, but for sani- tary reasons. Agricultural implements and the mode of tilling the soil were nec- essarily much more rude than at the pres- ent day.

In the cultivation of wheat the land was planted the same as to-day, then it was often harrowed with a wooden-tooth- ed harrow, or smoothed by dragging over the ground a heavy brush, weighed down, if necessary, with a stick of timber. It was then sown broadcast by hand, at the rate of about a bushel and a quarter to the acre, and harrowed in with the brush. The implement used to cut the wheat was either the sickle or the cradle. The sickle was almost identical with the "grass hook " in use, and the cradle was a scythe fastened to a frame of wood with long, bending teeth, or strips of wood, for cut- ting and laying the grain in swaths. There were few farmers who did not know how to swing the scythe or cradle, and there was no more pleasant picture on a farm than a gang of workmen in the harvest field, nor a more hilarious crowd. Three cradles would cut about ten acres a day. One binder was expected to keep

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HISTORY OF TAMA COUNTY.

up with the cradle. Barns for the storage of thennthreshed grain are comparatively a "modern invention," and as soon as the shock was supposed to be sufficiently cured, it was hauled to some place on the farm convenient for threshing, and there put in stack. The threshing was per- formed in one of the two ways, by flail or tramping with horses. The flail was used in stormy weather, on the sheltered floor, or when the farm work was not pressing; the threshing by tramping commonly in clear weather, on a level and well tramped clay floor. The bundles were piled in a circle of about fifteen to twenty feet in diameter, and four to six horses ridden over the straw. One or two hands turned over and kept the straw in place. When sufficiently tramped the straw was thrown into a rick or stack, and the wheat cleared by a "fanning mill," and before fanning mills were introduced, by letting it fall from the height of ten or twelve feet, subjected to the action of the wind, when it was supposed to be ready for the mill or market.

THE CLAIM SYSTEM.

During the first few years of the early settlement of this country, the United States government encouraged the claim system. This induced many speculators to turn their eyes toward the western states. It furnished lucrative business for

many who had been hovering between civilization and barbarism. Their plan was to keep just beyond the line of set- tlement and piek out the best claims, holding them until some actual settler or speculator would come, then they would sell out and again move westward to re- peat the same. The law provided that the land should be sold to the highest bid- der, but not for less than $1.25 per aere, and it was seldom sold for any more than this. It was generally understood, and in fact enforced, that those who had selected a certain piece of land should have it. One township of land was sold each day. The sales took place in Des Moines. When the day set for the sale of a town- ship came, all those who had established claims in the township in question were present. As soon as the bid reached $1.25 per acre, the hammer came down instant- ly. If a rash speculator did now and then get in a bid for a little more, some- times no attention was paid to him by the auctioneer, and the land would be knock- ed down to the claimant, but the person who did bid against the actual settler would be "laid hold of," and would re- ceive a severe ducking in the river. In some cases like this the obnoxious bidders have been almost killed by the " settlers rights men."

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HISTORY OF TAMA COUNTY.

CHAPTER VIII.

TAMA COUNTY COURTS.

Man is an imperfect being, and, as such, requires that laws shall be enacted for his government. When the Almighty placed Adam and Eve in the Garden of Eden he gave laws for their observance, with penalties attached for their violation. The children of Israel, after leaving the Egyptian land, were given the "ten com- mandments," the principles underlying which, have been the basis of all laws from that time to the present. The exist- ence of laws necessarily implies the ex- istence of courts wherein all questions of law shall be determined. This fact being determined, the framers of the state con- stitution instituted certain courts of jus- tice with well defined powers. Changes have been made in the jurisdiction of these courts from time to time, but the rights of every citizen of high or low de- gree have ever been maintained.

FIRST TRIALS.

The first trial of any kind in this county, as near as can be ascertained, was held in 1852, under what was commonly called the Court House Tree, which was subse- quently destroyed by lightning. It was a most novel case, and was tried in a still more novel form. It appears that J. H. Hollen, had come into the county, and after prospecting around finally located upon a tract of land which a man by the

name of Carter claimed he had entered, but when Hollen investigated the matter, he found that this George Carter had been claiming lands in all parts of the county. As a party came and located he claimed it as his, and rather than give up their choice, he was generally paid his demands, and thus he realized more money than the farmer or emigrant could by cultivating the land for years. This was tried with Mr. IFollen, who when he found out the scheme determined to resist it. Hence the trial. Mr. Hollen was summoned, and after due preliminaries the matter was re- ferred to a committee with full power and authority, both men binding themselves to be governed by the decision. The referees chosen were John Guin of Benton county, and W. L. Brannan of Marengo, Iowa county; but these not agreeing, Mr. Dillon, of Marengo, was added to the committee, and after hearing the evidence on both sides, the defendant was discharged and his claim to the land endorsed.

The first case to be tried by a regularly organized court was the State of Iowa rs. Thos. Everett, on charge of larceny, before Jas. HI. Hollen, Justice of the Peace, near the present site of Tama city. A shoe_ maker, by the nanie of John Aldrich, made a pair of boots for Wm. Blodgett and fixed the time when he should call for them. Thos. Everett, an old gentleman, and a

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IIISTORY OF TAMA COUNTY.

man who enjoyed a joke, found that Blod. gett would not call for the boots within the time fixed and accordingly ealled at the shoemakers and told him that Blodgett had sent him for the boots. Blodgett's credit being good, Aldrich delivered the boots and Everett put them on and wore them with great satisfaction. Soon after Blod- gett went for his boots, and much to his chagrin and mortification found that Ev erett was wearing his boots. The shoe- maker and Blodgett became considerably exercised and filed information for stealing and had Everett arrested, who came into court wearing the boots with considerable gusto, and plead not guilty. Alford Phillips appeared for the State, and Noah Myers, as counsel for the defendant. Ald- rich was first sworn, when he testified, that the boots were worth $5, when the Pros_ ecuting Attorney arose with great deliber- ation and demanded a jury on behalf of the State. The Justice said that he was going to give them all a "square deal," and allowed a jury trial. Everett was bound over to the district court where the case was dismissed.

The next trial, or at least in the southern part of the county, was that of Dr. Hiram Patty, who came to the county with a few bottles of medicine and some surgical in- struments. He soon ingratiated himself into the graees of a few of the prominent men in the neighborhood, and eventually to such a degree that he borrowed of some of them money to go to Fowa City, and purchase drugs as he was going to start a drug store. The money and a valuable horse, with true pioneer confidence was loaned him. Neither the money, horse or

man were ever seen by the creditors. The few goods and books he left were after- ward sold to partly pay the men who loan- ed the Doctor the funds. The Doctor afterwards located and remained for a short time at West Irving.

DISTRICT COURT.

Upon organization, Tama county became a part of the Fourth Judicial District, which under the constitution of 1846, was composed of the counties of Benton, Boone, Dallas, Iowa, Jasper, Johnson, Linn, Mar- shall, Polk, Poweshiek, Story and Tama. Several changes were made in the district, from 1850 until 1857, and when it was abolished in 1858, it comprised the coun- ties of Tama, Benton, Iowa, Johnson, Linn and Washington.

On the 16th day of August, 1854, Hon. William Smyth, District Judge, for the Fourth Judicial District, issued an order for a term of court to be held at the house of John C. Vermilya. This house was a small log cabin located about one-half mile east of the present site of Tama City, on seetion 26, which was used as a free tavern, clerk's office and court house until the erection of a court house at the county seat. On Friday the 15th day of Septem- ber, 1854, at 11 o'clock a. m., court was duly opened, with William Smyth on the bench .. There were also in attendance, David D. Appelgate, Clerk; Alford Phil- lips, Prosecuting Attorney, and Miron Blodgett, Sheriff.

At this term there were three civil cases on the docket, as follows: Rezin A. Red- man vs. Noah Myer, School Fund Com- missioner, and Robert Carter for writ of mandamus and injunction; Jacob W. Ap- pelgate, vs. Mary A. Appelgate, petition

HISTORY OF TAMA COUNTY.

for divorce, and Andrew D. Stephens, vs. Noah Myers, School Fund Commissioner. All of these cases were continued.

The first grand jurors .empaneled were as follows: C. B. Slade, H. Van Vliet, Giles Taylor, Joseph Jack, W. H. H. Hill, Jolın Freemer, Henry Stokes, G. P. Yocum, James H. Ilollen, William Blodgett, J. W. Appelgate, II. R. Rich, T. A. Graham, P. McRoberts and Jonas P. Wood.

"The first petit jury was as follows: G. Smith, J. D. Geddis, T. Marshall, N. Bates, E. W. Daily, J. II. Vanhorn, J. II. Voor- hies, L. Olney, John D. Spohr, J, A. Wil. ley, M. Mitchell, and N. Fisher. J. L- Carter was sworn as bailiff.

The first jury trial was the case of Eli Innman vs. William J. Booher to recover a note and book account. The jury con- sisted of George Smith, J. D. Gettis, Thomas Marshall, Nathan Fisher, Norton Bates, E. W. Daily, J. H. Van Horn, J. H. Vorhies, L. Ohney, J. D. Spohr, J. A. Willey and M. Mitchell. The jury being duly sworn, after hearing the argument of counsel and charge of the court, retired in the custody of A. S. Curtis, sworn as bailiff. The jury rendered its verdict, finding for the defendant a judgment, and assessed the amount of his recovery at five dollars.

At this term the following members of the bar were present : Isaac M. Preston, George D .. Woodin, James S. Childs, Joseph B. Young, Richard B. Groff, James D. Templin and Alford Phillips.

The second term of the court was held at the court house in Toledo, commencing May 22, 1855. Tama county was still in the Fourth judicial district and William Smyth Judge. There were eight cases on

the doeket for this term.

On the opening day of the term Alford Phillips, Esq., moved that Timothy Brown be admitted to the practice of law by the eourt. Whereupon Messrs. Templin, . Woodin and Phillips were appointed to examine the qualifications of Brown, and after so doing, and reporting favorably re- garding the same, a certificate was ordered to be issued to Timothy Brown, as an at- torney before the courts of Iowa.

The may term of 1856, was the third term of the district court, and convened at the court house in Toledo, on the 20th of the month named, with Hon. William Smith still on the bench. At this term on mo- tion of C. J. L. Foster, Eugene B. Bolens, T. Walter Jackson, and N. C. Wietung were admitted to the bar.

The grand jury, which had been em- panelled, reported two indictments to the court. The first was against John Burge, for malicious mischief in cutting and maiming an animal. The second against James Harris, for passing counterfeit money. They were both acquitted.

IIon. William Smyth, who had been judge up to this time, belonged in Linn county. Ile was appointed to the office on October 6, 1853, to succeed James P. Carleton, of Johnson county, and qualified on the 10th day of the same month On April 3, 1854, he was elected by the people and served until January, 1857, when he resigned. Judge William Smyth was a native of the Emerald Isle, and emigrated to this country aboat 1838. A year or two later he settled in Linn eounty. Ile came to the State ignorant and poor ; but educated himself and became wealthy

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HISTORY OF TAMA COUNTY.

and one of the ablest lawyers in Iowa. After resigning the bench he entered the service npon the breaking out of the war, as colonel of the 31st lowa infantry. In September, 1864, he resigned his commis- sion. He was at one time a member of Congress. Col. Smyth was a large and rather portly man. In his deportment he was kind, eandid and dignified. Ilis merit as a soldier consisted in his kind care for his men, and in his great bravery. Ile was not an apt tactician. It is said he would sit quietly on his horse under a sharp fire of the enemy while determining upon the proper command to be given to his regiment for a designated movement. Not long after entering the service, he was ordered by his brigade commander, while drilling his battalion, to throw it into a certain position. Not remembering the proper command, he turned to his ad- jutant with, "Lieutenant, what shall I say?"

At the May term of 1857, the Ilon. Isaac Cook began his term of office as judge, having been appointed by the Governor. Tama county was still in the Fourth judicial district. A good deal of business was on the docket for this term.

On the second day of the term the grand jury reported to the court an indictment for murder against Earnest Olleslaugher (or Olislaeger). On the 23rd of May the grand jury returned an indictment against Arthur T. Butler for murder. Both par- ties asked a change of venue to Johnson county, which was granted. This case is given in full in another place.

The May term of court was opened in 1858 by the clerk, but as Judge Cook did

not appear, it was adjourned until the Oc- tober term, when there were five indiet- ments for selling intoxicating liquors, and three for larceny reported by the grand jury.

Judge Isaac Cook was appointed by the Governor January 28, 1857, and qualified March 20. In April following he was elected by the people and served until the district was abolished by law in 1858. He belonged in Marion and afterward re- moved to Cedar Rapids. He died a few years ago. He was a good lawyer, but slow to decide.

By the reconstruction of the districts in 1857, Tama county became a part of the Eighth Judicial District, which was com- posed of the counties, Benton, Cedar, Iowa, Johnson, Jones, Linn and Tama. William E. Miller, of Johnson county, was elected judge, October 12, 1858, and served until ap- pointed Colonel of the Twenty-eighth Iowa Infantry Volunteers, August 10 1862. The first term for Tama county that he presided over was the February term, in 1859. Judge Miller was a native of Pennsylvania, born in 1823. In his personal appearance he is prepossessing; is heavy set, with broad square shoulders, and is about five feet, eight inches in height. His hair and eyes are both dark, and the expression of his countenance is frank and manly. Ile has a heavy, firm voice, and exhibited much ability while on the bench. As a military man he was a good disciplinarian, and was regarded by his regiment as a good and brave offi- eer. At the time of entering the service Col. Miller was afflicted with a trouble-

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IIISTORY OF TAMA COUNTY.

some disease which the exposures and hardships of the field so aggravated as to compel him to resign his commission· He left his regiment just before it march ed on the Vicksburg campaign. He is now practicing law in Des Moines, has been on the supreme bench one term.

In September, 1862, Norman W. Isbell, of Linn county, was appointed judge by the Governor to fill the vacancy occasion- ed by the resignation of Judge Miller. On November 14, 1862, he was elected, and served until August 31, 1864, when he resigned. He died soon after.

Honorable Chas. H. Conklin, of Ben- ton county, succeeded Judge Isbell, being appointed by the Governor August 19, 1864, and in November was elected. IIe resigned one year later. His first term in Tama county was the September term, in 1864. C. R. Scott. of Jones county, was appointed district attorney, October 1, 1864. Hle was elected in November of the same year, and re-elected in October, 1866.

Judge Conklin was a native of New York, born in January, 1831. In his early days he studied law, and was admitted to the bar in Steuben county, New York, in February, 1855, where he soon afterward opened an office. In May, 1866, he aban- doned all his brilliant prospects in New York, and removed to Benton county, Iowa, where he immediately entered into the active practice of law. As stated, in 1864 he was appointed to the bench of the district, and succeeded so well as a judge, that when in 1865, he resigned, there was a general feeling of regret

throughout the district. As soon as he resigned he re-entered upon the practice of law at Vinton, which he continued until the time of his death, March 16, 1875. In 1867, mid the duties and labors of a full practice at the bar, he found time to write and publish "Conklin's Treatise," a most valuable work on the duties of, and practices before, justices of the peace in Iowa. As a lawyer, Judge Conklin was bold, honorable, logical and candid, clear in statement, strong in argument, and always deferential and polite. He was almost invincible in the presentation of his facts, the application of the law to the testimony, and in the influence of his eloquence over the hearts and minds of the jurors. His bearing in the presence of the court and bar was always dignified and courteous, while his cases were always thoroughly digested and understood. In his death the bar lost a power for its ele- vation, and he was mourned by a wide circle of friends.

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History of Tama County, Iowa, together with sketches of their towns, villages and townships, educational, civil, military and political history, portraits of prominent persons, and biographies of representative citizens, Part 39

Author: Union publishing company, Springfield, Ill., pub Publication date: 1883 Publisher: Springfield, Ill., Union publishing company Number of Pages: 1088

Author: Union publishing company, Springfield, Ill., pub
Publication date: 1883
Publisher: Springfield, Ill., Union publishing company
Number of Pages: 1088