USA > Iowa > Johnson County > Leading Events in Johnson County, Iowa, History > Part 42
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occurred and the case of Mr. Shellady was carried to the Supreme Court, after which he was granted a full pardon by Governor Lowe. Not all who were arrested after the trouble were indicted and not all who were indicted were arrested.
The court that tried these cases was held in the old Athen- aeum, which stood on the corner of Clinton and Market streets, and the history of which has been related in the section on church matters. This was made necessary because the old court house had recently been burned. Judge John P. Cook was on the bench at the time and when the case came up Peter Conboy, Alfred Curtis, Samuel Shellady and F. M. Irish de- manded separate trials. Philip Clark, Michael Freeman, Daniel Marshall, Geo. W. Rawson, Charles Dow, Charles Brown, John McGuire and Dennis Hogan were tried and ac- quitted. The others were either tried and acquitted or the cases were dismissed. Meantime the courts had restored the landed rights of Philip Clark and he had entered upon the enjoyment of them in peace, while those who sought to despoil him died in after years having suffered much tribulation. The trial of these cases occupied many days and page after page of the papers of the time is filled with the testimony and his- tory of the events both before and after. Much was said on both sides that serves to indicate the bitter feelings of the time and one is led to say that the present cannot be any worse.
Let the current news of that day in 1858 be read :
"On Tuesday evening, May 11, 1858, the whole community was shocked by hearing of the lynching of Boyd Wilkinson two or three miles below the city. He was drowned in the Iowa river and a body of the usually law abiding citizens of Johnson county were charged with the deed. The excitement, while intense, was controlled and the law with reference to those concerned in the tragedy was allowed its course. Great credit was bestowed upon the community for its self-control in the case, since by such a decision the law received new sanction and over every citizen then was thrown a broader shield of security and protection.
"Be it known then, that up to this time this is the first blot of the kind on the county and wherever it shall be reported it shall also be told that the citizens of Johnson county, and
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especially of Iowa City, own the law as sovereign and repro- bate any and all acts, wherever and by whomsoever com- mitted, looking to a transfer of their allegiance. Mob law has no place upon our statute books nor has it advocates or apologists here."
Many sins were laid at the door of the victim. He got no respect living, nor eulogy dead. He was no doubt a crim- inal, but the community had much sympathy for his widow. The language of the accounts there noted is full of pathetic expressions of pity for the woman who was not permitted to say farewell to the victim. She and the orphaned children were mentioned in sadness.
It is a long, long story: The trial of former free men now under the ban of the law for taking the life of a man, who no doubt was guilty enough, but who was entitled to a fair trial, and yet one could not believe the plan was premed- itated and it was probably true as told that some things in the case were in the nature of an accident. The witnesses on the part of the state numbered forty-six and to go through their evidence would be very unprofitable unless one was searching for some special phase of the event.387
In spite of public sentiment approving in a measure the removal of Wilkinson, the editors of the Republican at that time, Jerome and Duncan, put out some spirited argument in support of law and order.
A week had passed since the verdict was rendered in the first trials and comments are grouped about that as a text. "With the law we have no controversy. With persons charged with high crimes and misdemeanors, as such, we have no quarrel. With courts delinquent in attendance, sluggish in wit, blind in discrimination, permitting a case to trail its course into the fourth week, when one-half of the time was more than sufficient, we have no controversy. With jurors drawn from among our neighbors and friends, to pass upon property, reputation, or life, we have no quarrel. Honest and true are they all, the arraigned himself being esteemed under the eye of the law, innocent until proven and judged otherwise. We repeat, our quarrel is with none or all of these. But our quarrel is and ever shall be with that morbid public sentiment which will for for a day, an hour, aye! an
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instant, wink at crime, and permit the offender to run at large, because forsooth his hand is joined with others and the in- jured only a pitiful wreck of what humanity ought to be in its higher estate." 388
There were other events of a sensational nature that belong among the judicial affairs of the county that would be con- sidered as part of the criminal history, among them the rob- bery of five thousand dollars' worth of goods, so it is said, from the store of A. B. Stillwell, and when the thieves were caught they were flogged until they confessed where the goods were hidden. Such a thing could not now occur since two wagon loads of clothing could scarcely be hauled away and concealed between dark and daylight from the corner of Clin- ton street and Iowa avenue. This was in the early fifties, and the night watch must have been off duty or there was none. It took some time to capture the guilty and find the goods safely hidden in the brush in the northeastern part of town, or where town is now, and where they were protected by waterproof covering. Placed in the old jail, one of the prisoners escaped, the other was recaptured and sent to the penitentiary for a term of years, probably suffering for a number who escaped capture, since it is certain that no two men could accomplish such a feat as this is said to have been. Unfortunately the local newspapers of that period are entire- ly missing.
Many years afterward the prisoner who escaped was found in the northern part of the state, under an assumed name, or at least it was not the name of French as given here. There he had lived an honest life, raised a family, and become finan- cially independent. This, he said, was his first offense, and also his last, since he was not a hardened character, having been led into the burglary by his bad company.
To make a complete summary of the riotous days of 1884 and of the elements that stirred the bad blood in so many would involve much detail and much space. The days of the prohibitory experiment, when conditions were so much differ- ent than at the present time, were full of tests for courageous men, and ill-judged retaliation on the part of unknown men, led to something akin to a reign of terror by night, and a strain of the nervous system by day. Violence never accom-
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plished much and usually brought condemnation on the doer of it, no matter what the provocation, and one can scarcely understand what it meant to be in danger of life and property when within the lines of the law, and within the rights of any citizen. On a single night in July, 1884, fifteeen panes of glass were broken in the house of Mr. W. M. Pryor, who lived on the corner of Clinton and Harrison streets. The house of Mr. Milton Remley, corner of Capitol and Davenport streets, was battered with rocks and windows broken. In the room of Mr. Remley's mother, who was an old lady of eighty years, and who was bedfast with a broken limb, the glass was scat- tered over the bed and to the rock which broke the window was attached a placard about eight by ten inches which bore the inscription, "The informer's fate, death." These things occurred early on a quiet Sunday morning and the good cit- izens, without regard to their personal opinion on the subject of "prohibition," condemned such outrages and expressed the opinion that this would only hasten the enforcement of the law on the statute books. In this instance Mayor Reno appointed two extra policemen for the remainder of the month as a precaution.339
Since the "first blot," as mentioned in 1858 by the local papers, there have been indictments for murder more than once, but such criminal record as may be found, if one cares for it, is not the most interesting phase of judicial affairs.
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CHAPTER XXXI
Johnson County in the Civil War
A MONG the settlers in the Black Hawk Purchase, which, however, did not include very much of Johnson county, there was a number of men, until quite recent years, who bore the title of "Colonel." This would not excite particular in- terest in Kentucky, nor perhaps in other states where such a custom as the conferring of titles of a military sound is com- mon, but it is not so common in Iowa. We are told that Gov- ernor Dodge, of Wisconsin territory, commissioned some of the early settlers as colonels of militia in order to have those, we may suppose, on whom he could depend in the execution of law if the necessity should arise. In selecting these men it appears that they were not chosen necessarily because of previous military experience, but for the emergency, since men were yet few in the several counties.
However the military spirit is strong in men who are at all patriotic and this was demonstrated in the organization in 1858, in Johnson county, of the "Washington Guards." They began drill in May of that year, their organization continu- ing until actual war was here. The following July a second company, "The Iowa City Artillery Company," completed its organization, having the encouragement of Captain Daniel Earle of the "Guards," whose assistance was accepted in the preliminaries. Thirty-nine men were members of this com- pany, P. J. Kelly was chosen captain, J. W. Dunlap, first lieu- tenant, and D. Ham, second lieutenant.
Still another military organization became active in Decem- ber, called "The Iowa City Dragoons," making three organiza- tions of this kind within a single year. Surely there must have been rumors or a sense of what was soon to happen when a mil- itary spirit of this type was so contagious. This last com- pany announced their "first annual dress ball" at the court
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house on New Year's Eve. Among the officers there is at least one now living in the city. Captain Porter of the "W. S. Co.," which must surely stand for the "Western Stage Com- pany," was the vice-president. One of the corporals was Mr. M. W. Davis, druggist, whose place of business since 1858 has been the headquarters for all the pioneers. Rush Clark, later a member of Congress, was the third corporal. Lieu- tenants Knox, E. Clark and J. O. Gower completed the list of officers if we add a paymaster, whose duties were not specified.
The "ball" came on as anticipated and was attended by the multitude both locally and from some distance, visitors being present from the sister towns of Davenport and Solon, each of which "honored the occasion with delegates."
About nine in the evening the dragoons in their beautiful uniforms and with the "bearing and tread of a soldier," en- tered the court room in double file. Various evolutions were used to prove their efficiency in drill, which brought frequent applause from the on-lookers and guests. The drill master, Mr. Croucher, was duly congratulated and indeed the discip- line, as well as the equipage, of the dragoons was com- mended.390
The rivalry among military companies in some respects must have been intense at that time, for the "Washington Guards' " ball came up under the title of a "civic and mili- tary" to be given in Metropolitan hall, their armory, on Wash- ington's natal day. However, harmony must have prevailed during the year for we find that a combination of all the mil- itary companies of the city under the name of the "Iowa City Battalion" was commanded by Major Croucher on the ob- servation of the Fourth of July, 1859. The Dragoons were commanded by Lieut. J. O. Gower, "the Guards" by Capt. Mahanna, and the "German Artillery" by Capt. Adelsheim. These, after a parade or march through the principal streets, were passed in review before Adjutant General Bowen. This, moreover, was the first public parade of the battalion. After the review and inspection, Gen. Bowen made a complimentary address on their fine appearance. The new brass cannon of the artillery company was drawn on this occasion by four fine horses much admired by all observers.
But while this was not serious business, who can know
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how much this preliminary work did toward setting in motion the thoughts of young men who were soon called upon to enlist for the real soldier life. From this time on for half a decade and more, nothing but rumors of war and news of battles filled the minds of men and women who were either engaged in bearing arms or in caring for those for whom they were responsible.
The first news of the Civil War came to the county early in January, 1861, when Fort Moultrie was reported as given up, the south in turmoil, the flag of treason floating over United States property, and no move by the authorities to prevent it. War seemed at hand, and from this time until its close, the community was bound to one subject, both in public and in private. To follow the events from January, 1861, until the conclusion of the struggle, is to relate the gradual growth, increasing in determination, of the senti- ment for the preservation of the Union, the frowning upon any attempts of sympathizers with the South to express them- selves, and then the marching away of the companies of volun- teers until no man seemed left. Then finally came the draft and an energetic appeal to secure volunteers enough to make it unnecessary.
The volumes of material brought together concerning the Civil War, even at this day, omit the local element, since that cannot be found in general histories of campaigns, neither in the history of regiments, and scarcely any in that of com- panies. Details of local color cannot be put into general his- tories and yet they are the most interesting of all. The setting out of the first home companies; the sensations of "war movements," which gradually grow common as more and more men go out to camp, the first wounded and the first dead to be sent home cause a different expression from the community, than those of a later day when this has become so common that feelings seem suppressed.
The military organizations of the county were soon aroused by the news of the southern movements. The first action by any company was taken by the "Dragoons" of Iowa City the last of January in 1861. At a special meeting of this com- pany resolutions were adopted in which they pledged them- selves as citizens and as individuals to be in readiness for
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any call that might be made upon them by the proper author- ities to "execute the laws of the Union and to suppress in- surrection and repel invasion." They were willing to assist at any point where they could aid in enforcing the law, and where the government forces were now unable to do so.
The call by the president of the United States for 75,000 volunteers from the militia of the several states was met in Johnson county by a second call "to arms !" in mass conven- tion. The summons was general, indicating a desire to make an offering of men for the first regiment. Could the people have understood the meaning of this war then we may sup- pose there would have been a like response, but with a dread of consequences greater than appeared from the filling up of one regiment.
On Thursday evening, April 18, 1861, the first mass meet- ing of an impromptu nature assembled at the court house. The "Washington Guards" marched to the music of fife and drum and the crowd followed until the building was filled to overflowing. The Stars and Stripes carried by Ensign Haw- kins, was cheered at every step. The mayor of the city, Geo. W. Clark, spoke in behalf of the Union. Others followed him, namely, Adj .- Gen. Jesse Bowen, Capt. Mahanna, L. D. Ingersoll, Dr. Stone, Hon. J. W. Cattell, Judge Buttles, Gen- eral Knox, Reverend Dalby, G. H. Jerome, M. Bloom, A. J. Cassady, and N. H. Brainerd.
Professor Whipple sang the "Star Spangled Banner," the whole crowd rising to join in the chorus. The rolls were opened and forty names were added, General Bowen head- ing the list. Immediately a subscription list was started for the support of wives and mothers of those who should enlist, and in less than one hour between three and four thousand dollars were subscribed. Cheers for Major Anderson of Fort Sumter, for the flag and the Union, closed the meeting for one day only. On the Saturday following a great crowd met in front of the University when Bryan Dennis, of Clear Creek, was made chairman, for he was a pioneer and suited to the occasion. Governor Kirkwood was called to the platform and although in poor health at this particular time, responded to the summons in an eloquent address.
Here the announcement was made by General Bowen that
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the "Washington Guards," a full company of seventy-eight men, volunteered their services as part of the "Iowa Reg- iment." To call it the "Iowa Regiment" is a strange term today since following this summons so many, many more had to go to end the rebellion. This indicates how little the prob- lem was then understood.
Bryan Dennis and John Powell each made the offer of forty acres of land to be given to any soldier specified by them who should return with an honorable discharge, while Dr. Murray offered eighty acres for the same purpose. At the same time another call was made for subscriptions toward the support fund, when $1,200 was added to the former amount, making $6,000 up to that time. William Penn Clark having returned to the city just before the meeting closed was one of the speakers who aroused the patriotic emotions of the assembly. The Washington Guards and German Artillery were out in full uniform and the artillery saluted with thirty- four guns, the national salute, at the commencement of the . meeting.
Again it may be said that this was not a local affair. People came from all corners of the county to lend their pres- ence and influence to the cause of Unionism. Time, money and lands were pledged to suppress treason both north and south. A second company was forming in the county at that time and had already enlisted forty men.
In April, 1861, the Iowa City Dragoons offered a full com- pany at a citizens' meeting in the council chambers, stating that they were ready to respond to the call of the governor of Iowa for active service within the state or United States.
All the organization for enlistment and relief was now perfected. Committees of all degrees and sizes were appoint- ed to execute and solicit. Money, goods, or good words seemed of equal value. Almost everything else was forgotten in the excitement over the news that daily came to this distant point from the scenes of hostilities, or movement of troops then on the way to Washington to defend the capital.
One of the most interesting of all the calls published during the month of April, 1861, is here quoted in full since the spirit of the summons is secured only in that way:
"Having been requested by many of our fellow citizens to
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issue a call for a general rally of all citizens of this county who formerly served in European armies, we, the undersigned, call now on all these of our countrymen who fought the hire- lings of tyrants in the eventful struggle of 1848 and 1849, to come forward to the rescue of our adopted country, whose laws we have sworn to support by our oath of allegiance and form a company of devoted patriots, who know well their duty to God and their adopted country. To carry out this purpose we will, after being organized, offer our services to our coun- try for work of defence and not for show or play. Our wives and children will be taken care of by the government for the defence of whose stars and stripes we are eager to meet free- dom's foe once more. The meeting will take place Wednes- day, May 1 (1861), at 8 p. m., at Metropolitan Hall. Rally, ye sons of Germany, Bohemia, and France !
"C. W. LIONHARDT, "HENRY POGGENPOHL."
There was a halting now, that followed when wearied with bloodshed and sorrow there seemed no end to the call for "men," the best "men," to come to fill the broken ranks. The Washington Guards, being fully equipped, were ordered by Governor Kirkwood to be ready to take the train for Davenport on Monday morning, May 6, 1861. The women had finished making the uniforms on Friday before, after four days continuous work. In addition to the clothing each man carried an equipment of personal needs, contained in one package, such as needles, pins, thread and buttons, court plaster, and a "Jerusalem Overtaker," bandages and lint in sufficient quantity, it was hoped, to be more than enough to last the service through. Yet, how little they knew of the future!
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The following day the company, dressed now in their new uniforms, appeared upon the street and as usual they were feasted and feted but for the last time before their departure, and some of them forever. Sunday afternoon they marched to the Methodist church and heard an eloquent address by Professor Spencer. At the close of these services each volun- teer of the company was presented with a copy of the New Testament by the Johnson County Bible Society. At ten o'clock on Sunday night the message from the governor came
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to Captain Mahanna, and at the same time he said the com- pany must be cut to ninety-seven men. However, it had a full hundred men on its rolls, which required the removal of three. This number of married men were induced to remain at home.
Before the departure citizens presented to Captain Ma- hanna a fine sword. This was a very trying scene since it was now that preparation had ceased and serious work began. W. Penn Clark made the address of presentation to which Captain Mahanna responded very briefly, when the march to the M. & M. depot was commenced. Hundreds of the friends followed to say a final farewell to the first company to leave for the war. It was three o'clock when the members of the company filed into the cars reserved for them. The pressure of the crowd to say good-bye was so great that the loading was difficult. People greeted them at all points on the journey to the river and they soon after found what real camp life meant, for they went by boat immediately to Keo- kuk where the Iowa regiment assembled before going farther south.
Meantime the "Iowa City Rifles" were organizing and pre- paring to offer their services to the governor. The first of- ficers chosen were: Captain, J. W. Sterling; First Lieutenant, J. H. Weatherby; Second Lieutenant, Geo. P. Hess; Third Lieutenant, I. D. Calvert; Ensign, A. F. Murray; Sargeants, Hamilton, Owen, Dunham, and Greeley; Corporals, Rutan, Hawley, Louisburg and Hockinberry. There were eighty men in the company when they were fully organized.
The townships were also busy with their company plans. During the first weeks in May, 1861, Scott township held a meeting at the house of A. H. Burchard for definite action in forming a company. Meetings were held in Graham also at the Summit school house. News came slowly in those days of no telegraph, for we find personal accounts instead of swifter messages to the county and to those waiting for news from the camps forming along the river. This illustrates the point: "On Saturday evening last, Dr. Sanders of Iowa City called on us, having been sent by a number of his enterpris- ing fellow citizens to get the telegraphic news received here. He left about midnight with all the dispatches in this paper,
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expecting to regale his friends in Iowa City with them by day- light. The people of Iowa City feel sadly the want of tele- graphic communication with the rest of mankind." 391
When the Washington Guards were "at home" in the Keo- kuk camp they took occasion to return their thanks for all that the women had done for them and for their continued thought- fulness in forwarding home articles to the camp. The first regiments to set out seemed to be the fortunate ones in thus securing the "good things" from home, for when the moving of so many men began later the good public became exhausted. The correspondent from the camp, "Jeff" by name, related something of the great reception given by the Keokuk ladies in honor of the first regiment. It is safe to conclude that the resolutions adopted later contained a soldier's gratitude.
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