USA > Iowa > Johnson County > Leading Events in Johnson County, Iowa, History > Part 41
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There were no records of marriages in this county before June 23, 1839, since the first return is then made by William Abby, a justice of the peace. The first entry made in Book One of the Marriage Records, reads :
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THE EARLY COURTS-EARLY MARRIAGES 489
"Territory of Iowa: To any person legally authorized to
Johnson County Solemnize Marriage.
"You are hereby authorized to join together in the holy bonds of Matrimony Mr. Elijah Orsbon and Miss Sarah Harris, and of this license make due return, and this shall be a warrant sufficient for you :
"Given under my hand and the seal of the District Court, this 21st day of June A. D. 1839." The return is duly made as follows :
"This is to certify that Elijah and Sarah Orsbon were married on the 23d of June 1839, By Wm. Abby, J. Peace."
In the second entry, Allen C. Sutliff took the oath of office as a justice of the peace, and was therefore authorized and obligated not only to administer justice among his fellow citizens but to perform marriage ceremonies as well, there- fore the following entry is suggestive of the neighborhood in the northeastern part of the county.
"Jesse B. McGrew and Charlotte Calkins, married Decem- ber 25, 1841," the return having been made on the same date, by "A. C. Sutliff, J. P.," which indicates his continuance in office.
It was on September 28, 1880, that license was issued to William Dupont and Elizabeth Skinner, the couple who owned the claim on the Iowa river, known as the "Civil Chief Pow- eshiek's Village" and later as the town of "Monroe." She it was, who has been mentioned as suffering an indictment by the grand jury for selling intoxicating drinks to the Indians and for the misdemeanor was fined so much more than men for the same offense. In the years of 1840 and 1841 the names of some well known pioneers are found in this book. Here we find William Sturgis licensed to marry Dorothy Kidder on November 4, 1840, and the return made by A. D. Stephens, "Justice of the Peace." In December following Eli Myers and Sarah Kidder were united in marriage by the same official, and in April, 1841, Samuel H. McCrory and Elizabeth McCloud became man and wife.
It was Israel L. Clark, a pioneer preacher, who performed the ceremony at the wedding of Benjamin Swisher and Eliza- beth Whitmore in May, 1841, he having made return of this fact on May 16. Philip Clark and Clarissa Lee were duly
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licensed to wed on June 2, 1841, and the officiating clergyman was G. G. Worthington of the M. E. Church. John Fry and Margaret Harris were married by Smiley H. Bonham, a justice of the peace in that corner of the county, in September, 1841, and in November following Isaac Bowen and Susannah P. Williams were lawfully united by John Libby.
Probably the only one of this early group now living is Sion Hill, who married Phoebe Jones, January 22, 1842, the return in this instance being made by James L. Thompson, "Minister of the M. E. Church." William Fry and Betsy Harris were another couple who came to Smiley H. Bonham to take the vow according to law, in February, 1842. Jesse Berry and Clarinda C. Worden began married life on April 14, 1842, James L. Thompson, mentioned above as a minister, performed the ceremony and made the legal return to the county clerk, S. B. Gardner. Abner Arrosmith, a justice of the peace in the northern part of the county, was the official who served at the wedding of Carson Wray and Mary Alt, pioneer families in North Bend.
Michael Hummer was in residence in the county, and had filed his certificate, as it was recorded in Scott county, as a minister, and thereupon his authority to perform marriage ceremonies was recognized when he was called to perform the ceremony of marriage for Theodore Sanxay and Hetty A. Perry on May 10, 1842. He made the proper return on the same date according to the records. Francis Springer, a leading man in political circles in the territory, married Mary K. Coleman of Johnson county in December, 1842, prob- ably on Christmas Day, since license was issued December 24, and returned by the minister James L. Thompson on Decem- ber 27, 1842. Among the early ministers who filed creden- tials of their official station, in addition to Michael Hummer mentioned above are, G. G. Worthington of the M. E. Church; Matthew Loras, of the Catholic Church, a bishop; Samuel Mazzuchelli of the same church; Almeron R. Gardner of the Universalist Church; Henry Hendly of the Baptist Church, and Moses T. Johnson of the M. P. Church, all in the years 1841 and 1842.
The naturalization of aliens in Johnson county occurred for the first time on June 1, 1841, when "James Wicks, John
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Mullin, Hugh Deen, Harmon Luken, Francis Kerr, Patrick Smith, Jeremiah Driskel, Michael Keff, William Croty, An- drew McWilliams, John Hurley, John Conway, James Roach, and John Conboy, solemnly swore allegiance to the United States and abjured their further allegiance to Her Majesty, Queen of Great Britain."
On the following day "Caspar Nick, of Prussia; Joseph Gross, of Würtenburg; Mattheas Laner, of Baden; Caspar Dunkel, of Bavaria; Philip Schwartfager, of Hanover; and Ferdinand Haberstroh, also of Baden," came before the court and made oath of their intention to become citizens of the United States. This was the beginning of that continuous stream of industrious foreigners that have made much of the prosperity of the county possible.
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CHAPTER XX
The County Agent, the County Buildings, and Some Dis- turbances in which many were concerned
I
N April, 1842, F. H. Lee was appointed county agent for Johnson county and as such represented the commissioners in a business capacity. According to the act establishing that office, he was authorized at the extra session of the commission- ers on the above date to receive proposals from April 8, 1842, until the second day of May, 1842, for the erection of a court house on lot number eight in block number eight in the county seat. This building was to be of "brick 56x28 feet, two stories, and to be finished according to the plan of said building in the hands of F. H. Lee the county agent." Notice of the receiv- ing of such proposals should be published in the newspapers of Iowa City, then the Iowa Standard and Capital Reporter. The building was to be paid for after the jail then building, and from proceeds arising from county seat funds due to sale of lots in the same manner as the jail was to be paid for.
Lot eight, block eight, is at the southeast corner of the cros- sing of Harrison and Clinton streets and therefore this was the location of the first court house. When the bids were opened in May, 1842, the only one made or at least mentioned was that of James Trimble, the builder of the jail. For thirty-eight hundred dollars he agreed to contract for the build- ing as planned, and for thirty-six hundred and ninety if the "Venician blinds" were not required. The latter proposal was accepted, the "blinds" being wisely omitted. Bonds of $7,500 were required of the contractor, who was to complete this building by October, 1843, according to the contract.
In order to give Trimble a financial start on the new court house he was put into possession of orders to the amount of five hundred dollars, all to come from lot sales in the county seat, that is from unsold lots in the northwest quarter of sec-
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tion fifteen. During the year or more from May, 1842, until the completion of his contract on the court house Trimble drew in orders $3,590. He was later paid $237.50 on his court house and jail contracts, leaving still due him $62.50. Either Trimble never quite completed his contract or he made another for re- pairs, since he was ordered at a later date to complete his jail contract immediately, or legal steps would be taken to enforce the demand. Moreover, this was in 1848, and the jail had been begun in 1841.
Again, in September, 1848, the commissioners were called upon to consider repairs to the new jail soon after its com- pletion, the roof having been carried away by a storm, and when the competitive bids were opened at the following meet- ing, there was found to be a tie. Therefore, the bidders ap- peared on request of the commissioners, and the job was put up at auction, falling to Thomas Snyder, the lowest bidder of course. Then the clerk of the commissioners made an entry of "A Remnant Sale," on the same date when Thomas Snyder purchased the wreck of the roof for some private use or to apply on the repairs under his bid, which the reader of the record must guess.884
Periodic building of structures that should be permanent improvements is a habit of new communities. The period from 1850 to 1860, if studied, would show a great activity on the part of the public officials in the construction of county build- ings. Johnson county was no exception, and during the term of F. H. Lee as county judge the order was issued for an election to be held in 1856 on the subject of a new court house and jail. The judge was satisfied that there was great need of such buildings, but the people must approve of the action before work could begin. The vote was on the question of borrowing money to erect the court house and jail and whether the proceeds of swamp-land sales not used to reclaim the same lands, should be applied to the payment of the borrowed money, and also whether a tax should be levied on the county to pay any deficiency.
No contract or specifications of the new buildings are found ·on the records, although they must have been made, since the next item concerning the subject is "on the payment for
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stonework." This, moreover, was the first building erected in the court house square, as it is known today.
The jail erected in accordance with the proposition of the county judge in 1856 and 1857 remained in use for approxi- mately forty years, when agitation began for new county buildings for court and jail purposes. It is probably true that the demand for a new jail was expressed early in 1897, because of the ease with which criminals walked out of the old one. It was said, that, "old, wornout, in its best days none to good, this wretched, make-believe of a prison is unfit and inadequate for the uses to which it is put and is a dis- grace to the county which suffers it to exist. . . The escape of three criminals on Sunday night admonishes the people once more that a new jail must soon be forthcoming."
Immediately following this complaint and suggestion the board of supervisors of the county ordered a committee to examine the old court house built forty years before. The local bar association urged this action on the part of the county authorities and the movement was hastened by several suggestive cracks appearing about this time in the south wall. Since it was becoming dangerous, architects and contractors were called in for an investigation as to its safety. Many reasons for a new building were raised beyond the one of safety only, since valuable records were endangered. Many times before, this had been urged upon the tax payers of the county as it had been urged in many other counties; that there was economy in substantial county buildings.
In accordance with the suggestions which resulted from the investigation of the old buildings a committee was ap- pointed in Iowa City in December, 1899, to agitate the ques- tion of a new court house for the county. Two men from each ward in the city and two from each township were selected to "stir this matter up" and it was probably as original as any way that could be found and as effective. This committee had definite duties to perform in the vicinity from which they were chosen, in talking to their neighbors and the citizens of the community and to find out the exact feeling on the sub- ject of the improvement.
Accordingly the names of two from each of the divisions mentioned were decided upon, the exact list of members of
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the committee being here given: First ward, Iowa City, William Hunt, J. C. Cochran; second ward, H. A. Strub, W. P. Coast; third ward, Jos. Slezak, David Boarts; fourth ward, W. E. C. Foster, Dr. Carder; fifth ward, Samuel Lefevre, Wil- liam Hanke; and from the townships: Cedar, Geo. Ulch, J. L. Adams; Big Grove, Anthony Beuter, Chas. Palmer; Clear Creek, William Wolf, Frank Greer; Fremont, John Doerres, Joseph Walker; Graham, William Andrews, M. Donahoe; Hardin, William Cronin, J. M. Howell; Jefferson, F. J. Pudil, J. H. Kephart; Liberty; John Glaspy, George Mentzer; Lin- coln, D. Bothell, Steve Thompson; East Lucas, E. Sanders, John Petzel; West Lucas, Ed. Carson, L. J. Dennis; Madison, Dr. D. Stewart, R. H. Wray; Monroe, J. Strovy, A. S. Thomas; Newport, H. Sullivan, J. S. Roessler; Oxford, J. A. Klump, Fred. Rapp; Penn, N. Owen, Charles Colony; Pleasant Valley, J. A. Goetz, J. S. Wilson; Scott, George Hitchcock, Ed. Casey; Sharon, George Wagner, G. R. Hall; Union, Will Carson, S. R. Humphrey; Washington, S. B. Miller, J. A. Fry. This committee of fifty-two men did its work thoroughly in a very short time. In fact the board of supervisors within. a month of the time of appointment of this general committee at the January meeting in 1899, called a special election in Feb- ruary of that year, to vote on the question of issuing bonds for the purpose of erecting a court house and jail on the site of the old court house. There were two propositions submitted: First, "Shall the Board of Supervisors of Johnson county be authorized to borrow, not to exceed ninety thousand dollars and issue bonds in the name of Johnson county for the amount borrowed for the purpose of erecting a court house in Johnson county, and levy a special tax of one and eight- tenths mills on the assessed valuation of the taxable property in Johnson county for the year 1899 and for each year there- after until the bonds are liquidated." Second, "Shall the Board of Supervisors of Johnson county be authorized and empowered to borrow ten thousand dollars and issue bonds for the same to build a jail, and to levy two-tenths mill on the property as above until time as these bonds should be paid." The campaign came on to carry these propositions against any opposition that might arise, and at the conclusion of the vote it was found that most of the papers of the county
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were in favor of the proposition and a large majority of the people as the vote indicated approved of the project. When the ballots were counted, 2,330 were for the new buildings and 928 against the measure. Lincoln, Oxford, Hardin, Madison, and Union voted it down, although Madison had only one majority against the movement.
The reputation of Johnson county bonds drew a large crowd of bidders for the issue at this time, since these securi- ties were what was called "gilt edged" and when put up at auction in the auditor's office they drew some spirited bidding. The entire issue of one hundred thousand dollars worth of bonds was sold to L. W. Prior, of Cleveland, Ohio, for the firm of Dennison, Prior and Company. His first bid was but ninety-five thousand but local bidding by Mr. T. C. Carson, of Iowa City, caused him to pay about one thousand dollars above par for his bonds, which was regarded as among the best sales of the kind made in the state.
The plans of A. W. Rush, of Grand Rapids, Michigan, were . selected by the board of supervisors after being submitted in April, 1899, so far as the court house was concerned and for the jail the plans of C. L. Wundt, of Burlington, were pre- ferred. The latter gentleman represented the Stewart Iron Works of Cleveland, Ohio.
The corner stone was laid in December, 1899, which was probably earlier than is usual in an undertaking of such an extent when the vote was taken in the same year.
On the day set apart for the laying of the corner stone storms interfered so much with the plans of celebration that the plans of that day were combined somewhat with the day of dedication. Nevertheless, the rain must not stop construc- tion, and Judge M. J. Wade laid the corner stone on the day appointed, December 2, 1899.
When the contract was let to Rowson and Son, they were not known to the community, but this contract brought them to Iowa and they became citizens of the county. At the time of dedication the firm were already under contract to build another court house in the state in Dallas county. They were also employed to complete the Liberal Arts building of the University and other new buildings since. In the erection of the court house they were commended in the very highest
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terms, and if records are true, and we believe men of au- thority, Rowson and Son put more into the court house con- struction by thousands of dollars than they drew out. The total cost of the court house, furnishings, grading, and all connected with the building proper was estimated at $111,000; the jail about $14,000, and the heating plant $3,000, or a total of approximately $128,000, which amount is moderate when results are as commendable as in the county buildings of John- son county.
The dedication program was formally carried out on Satur- day, June 8, 1901. The program consisted of addresses, music, and reports of the officials concerning the beginning and completion of the building. The chairman of the board of supervisors, Al Ohl, then gave a résumé of the proceedings in the construction while Judge Wade made a special point of the vote on the court house proposition outside of Iowa City. In the beginning the matter was taken up on the straight propo- sition of economy in safety to county records, and on the principle that good judgment should prevail among the voters on such a question. An appeal was made directly to the farmer, who was a man of "ability and stability," and when the election was over it was found that the proposition had carried outside the city by a large majority, "an unpreced- ented case in Iowa." Hon. Chas. Baker on this occasion gave an address, which brings out some interesting history of the courts from the time of the first organization. During this address he said that "when an American community enters upon the business of state building it first goes to work and formulates a methodical system of self-government. In per- suance of that scheme the pioneers of Iowa procured the pas- sage of an act by the Congress of the United States on June 12, 1838, providing that all the territory of Wisconsin lying west of the Mississippi river and all that part lying west of a line running due north from the head waters of the Missis- sippi river be formed into a new territory to be known as Iowa: said territory to be in existence from and after the taking effect of the law on July 4, 1838. It will be seen that the boundaries of the new territory were very indefinite. Doubtless few knew what lines, lakes, watersheds, or rivers formed the northern boundary of the Iowa territory. This
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act also provided for the civil government of the territory created. But before the passage of this organic law John- son county had been organized by the legislature of Wiscon- sin territory, as well as the district court for this part of Iowa territory. The court then was not as now in its juris- diction. It has been modified to suit conditions and changes in the demands and business of the time.
The first session of the Iowa territorial legislature was called at Burlington on November 12, 1838, after the organic act was passed and it continued to sit until a fairly complete system of laws and code of procedure were established. For the time required it has been pronounced a marvel of legisla- tive work.
On this dedication day it was estimated that "fully eight thousand people were on the grounds. Early in the morning they began coming from all points of the compass, by car- riage and by train, since this was a county meet every corner of the county having a representative." Judge McClain, Judge Wade, Judge Fairall, Hon. Milton Remley, Charles Baker and A. R. Ohl gave the addresses on this occasion.386
SOME DISTURBANCES
Criminal matters are not interesting reading and not at all necessary to make a topical history but some have occupied such important places in local affairs that they cannot be wholly omitted. One case in particular begins with the rush to the gold fields in 1850, and if it had not resulted so dis- astrously to so many individuals it might have had less local interest, since many men went and came, many died on the field in seeking their fortunes, and adventure was part of the game. However, in the case of Philip Clark, the man who had laid the very first foundation among the homes of John- son county, and who in specific instances had carried measures to success when they have seemed about to fail, there is more than the usual to be mentioned.
It was in the fall of 1857, that two men rode into town from the west and passing deliberately through the streets halted in front of the law office of Templin and Fairall. Hitching their horses, the two men entered while the horses left at the hitching posts were at once surrounded by a curious
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crowd, examining the peculiar trappings that they carried, these giving rise to wonderment regarding the previous ex- periences of the travelers, who it seems had ridden across the plains from California after a long absence and after they had been given up for dead. Then it was soon noised abroad that these two were Philip Clark and Joseph Studer who had gone to the west in 1850, seven years before. Eli Myers the other first settler of the county had gone with Clark, but he died at Sacramento the first year there.
Now, Clark returns to care for his affairs that have be- come sadly tangled by his long and indefinite absence, during which time his farm of several hundred acres has been sold under the power of attorney given to F. H. Lee on his de- parture to California so long before. It appears that the trust placed in those who had cared for the property of Clark while he had been absent had been betrayed, which news had after a time come to him causing his return. Yet one wonders why he had remained for almost seven years in that far off land without any information of a definite nature from his family concerning their movements. At some favorable time the big farm of seven hundred or more acres was sold with- out any consideration as to the rights of the original owner, for the purpose, as some say, of defeating him in any future claim should he return. All this was due, so it is said, to the conniving of men who had before this time apparently sus- tained a fair reputation for uprightness. At least they oc- cupied prominent positions of trusts in public affairs, both before and after these events.
But, however, on the return of the rightful owner the con- ditions became serious for those concerned in the plans to de- fraud if such was the intention. He took possession of his land; they determined to hold it and the battle was on. Now comes the dark part of the whole proceedings when a des- perado was employed, so it seems, to harass the old owner, and now the rightful owner, that he might be forced to leave the neighborhood to escape persecution. The man employed was Boyd Wilkinson, whose name is forever associated with the indictment of fifteen citizens of this county for his murder, if such a term is suitable to use in the conclusion of the case as the grand jury used it.
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And it came about in this way. Wilkinson, under the en- couragement of reward, so it is thought, committed divers deeds of malicious nature upon the property and person of the man Clark, shooting into his house, waylaying him and leaving him for half dead, burning his barns and attempting to burn his house, besides committing general offense in stealing from the Park House in the city for which he was duly indicted by the grand jury. But it went from bad to worse until the public took notice, and that requires a strong stimulus, the public being somewhat indifferent to the suffer- ings of men. A meeting of citizens resulted in the appoint- ment of a committee of one hundred to see that Philip Clark was not deprived of his rights. The method that this com- mitee was to pursue is not determined by the instructions so far as known, but they, it appears, took counsel before acting in the matter. When the misfortunes increased in the affairs of Clark the committee went to the house of Wilkinson, who had been located on a part of the Clark farm in order to hold an apparent right of possession, and on his refusal to ac- knowledge his crimes and the purpose of them, he was bound and placed in a vehicle by the side of Samuel Shellady, and surrounded by others of the committee, taken toward the river with the threat of hanging. Evidently he believed his end had come for at an opportune time he leaped from the conveyance and running toward the deep stream sprang in, without any hesitation, supposing, it is thought, that he could swim across even with his hands tied, since he was an expert swimmer. But he failed, and many days after the occurrence his body was found a mile and a half below where the event took place. The newspapers of the day have great headlines, telling of the exciting event in the community, and it cannot now be understood in its real nature. Those who lived then remember well the circumstances and are taken as authority on this question. The men who had taken sides in the matter included F. H. Lee, W. Penn Clarke, on the part of Wilkinson, and the fifteen men on the part of Clark, indicted afterwards for the deed, of whom all who came to trial were acquitted except Samuel Shellady, besides many who did not have active part in the case. The names found in the indictment are not known to have been men immediately responsible for what
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