The History of Clinton County, Iowa: Containing a History of the County, Its., Part 52

Author: Western Historical Co , Western Historical Company
Publication date: 1879
Publisher: Chicago : Western Historical Co.
Number of Pages: 807

USA > Iowa > Clinton County > The History of Clinton County, Iowa: Containing a History of the County, Its. > Part 52

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

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to step to one side of a road which passed through the grove, and those voting in the negative, to the other side of the road. The vote was unanimous, or nearly so, for punishing the man. The next question put was, "Shall the pun- ishment be whipping or hanging ?" and the vote was taken the same way as the previous one. At the first, the majority was largely in favor of the milder punishment ; but now took place a running desultory argument, pro and con. Those who favored the extreme measure said, "What satisfaction will there be in whipping an old, gray-headed man ?" "What good will come of it ?" "We are here to make an example that will protect our property and deter others from these crimes." As the arguments progressed, one by one, or in knots of twos and threes, the people passed over this road, so fateful a one to the doomed man, who was a witness to all these proceedings, until a clear majority stood for the death sentence. The Captain called for a rope, which was soon forth- coming. It was placed around Warren's neck, and he was informed that his time was short, and opportunity given him to say anything he desired. If his executioners expected any confession or appeal for mercy, they were disap- pointed, for the man was brave and died unblanched. His only reply was, "I am an old man and you can't cheat me out of many years." Men in numbers enough to run him up, grasped the rope which had been thrown over the pro- jecting limb of a convenient tree. Amid silence that was awe-inspiring. the signal was given, and Bennett Warren was ushered into eternity. He was taken down, carried to his house, where the men who had executed him prepared him for burial.and quietly dispersed. But one arrest was made, and no proceedings taken against any of those engaged in this transaction.

The wife of Mr. Warren, it is said, she being his second wife, was the widow of one of the three Thayers who were hung at Buffalo for the murder of a peddler, and she was thus twice widowed by the draw of the rope. The head- quarters for this organized body of Regulators was at Big Rock, a place near where the lines of Scott, Cedar and Clinton Counties corner, and the members were drawn from all these counties. Upon the other hand, these freebooters who made free with the horses of the settlers and who flooded the country with counterfeit money, were scattered through all these counties, with an apparent organization. At the same time of the hanging of Warren, the party also captured in Cedar County two men named Charles Clute and Jacob A. Warner. who were under suspicion of being engaged in stealing horses. They were taken into custody and informed that a warrant was in the hands of the leader to bring them before Justice Gates, at Big Rock. The Justice was not there, and the party kept on until the residence of Warren was reached. After his trial and execution had taken place, Warner was tried and acquitted on condi- tion that he leave the county within ninety days and bring no suits against his captors. Clute was then arraigned and acquitted and given thirty days in which to leave the country. After these proceedings, the "court returned to Big Rock, where Clute and Warner were kept over night at Goddard's tavern." and, the next morning, were permitted to depart unmolested. Clute decided to leave the country and find a new home elsewhere. Warner gave him a new set of bench tools, Clute being a carpenter by trade, and he left. The tools were found soon after in Van Tuyle's store in Davenport, but no explanation is given how they got there, but, from that day, the family of Clute have never had any tidings from him. His family incline to the belief that he never got out of the country alive ; but others, and among them the best citizens of Cedar, do not believe that he was in any way hindered in his departure, but that he deserted his family voluntarily.

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Mr. Warner failed to obey the mandate of the vigilantes, but removed to Tipton with his family, and, after a year or more, returned to the Denson place, where he has since resided a respected citizen.

During the same year, Alonzo Gleason and Edward Soper, the former of whom had no recognized habitation, and the latter residing three miles south- east of Tipton, with three accomplices, had made several successful raids upon the horses of that neighborhood and had run them out of the country and sold them. Their movements became so bold and open as to bring them under suspicion, and, in July, 1857, they were arrested by the civil authorities and conveyed to Tipton, where they were held in custody by Sheriff John Birely, who placed over them a guard of about twenty men. About midnight, the vigilantes, to the number of about forty men, overpowered (!) the guards, took the prisoners and marched to a grove near Louden and there tried them accord- ing to the forms of this court. They were given every latitude, the right to challenge any juror, to cross-examine witnesses, etc. The people around, num- bering about two hundred, were cool and deliberate. The captives appreciated the situation and made a full confession of their guilt. The verdict, of course, was "Guilty." The question whether they should be at once hanged to death was submitted to the two hundred, and all but four voted in the affimative. A wagon was drawn under the projecting limb of an oak tree, the fated men placed in it, the rope thrown over the limb and securely fastened. Gleason, with a profane imprecation, jumped from the wagon into eternity. When life was extinct, a grave was dug beneath the gallows, and, uncoffined and unwashed, they were buried where they died. Soper was, however, exhumed by his friends a few days after and buried in the old grave-yard in Tipton.

In the fall of the same year-1857-Hi Roberts, who really lived in Jones County, but who was much of the time operating in and about Cedar, Scott and Clinton Counties, and whose specialty was counterfeit money, having heard some threats from the vigilantes, in.a bravado spirit, sent them an invitation to come and take him. He was then stopping at James W. Hanlin's, four miles northwest of Tipton. They accepted his invitation. He was taken from Han- lin's across the county line into Jones County, to the barn of George Saum, and there tried and hanged. Warrants were issued for the arrest of several per- sons implicated in this transaction, and the officers of Jones County came over into Cedar to make the arrests. No resistance was offered, and under advice of Judge Tuthill, bonds were given for their appearance before a Jones County Justice of the Peace for a preliminary examination. Their bonds were signed by one hundred or more of the most stable citizens of Cedar County. At the appointed time they appeared in Jones County, accompanied by nearly two hundred citizens of Cedar and Jones, but no indictment was found against them for want of testimony-no witnesses appearing. Whatever may be thought by people of this day of the irregular and severe measures then adopted, it is certain that the grievances of these men were deep, and the results of their summary punishments corrected an abuse that had defied the established forms for protection to property, and completely broke up a band of lawless men, who had subsisted by levying upon the property of their industrious fellow- citizens, and rid this section of their presence.

While upon one of their marches, the vigilantes overtook Col. J. Van Deventer, who was then a stranger here. He was well mounted, and was riding alone into the west end of this county. on business connected with the railroad. They accosted him, and made many inquiries as to his identity, his point of departure, his destination, etc. To these inquiries, he gave courteous answers,

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and they then informed him that it would be necessary, as he was a stranger, to report to the " Captain," and they desired him to accompany them-a request which he very readily complied with. They soon met that official, who, after a moment's conference, informed his followers that the gentleman was " all right," and that he was at liberty to depart, accompanying his remarks with profuse apologies for the detention. Mr. Van Deventer says, that he continued his journey with them for several miles, their routes being the same, and that they were very companionable and gentlemanly men.

The proceedings of the "Wapsie Rangers " were not fully concurred in by all of the people through the western portion of the county, and in 1857, soon after the hanging of Warren, the "Anti-Horse-thief and Protection Society" was organized at the Alger Schoolhouse. Its expressed object was to bring to justice all thieves and counterfeiters, and press their conviction before the courts of justice, and, also, to prosecute all unlawful acts of violence. A dep- utation was sent to confer with the vigilantes at Big Rock, and notice given of their aims and intents, and that their visits would not be tolerated, and that they proposed to maintain the objects for which they were organized.

No collision, however, occurred between the two factions; but, between the two, the country was cleared of the horse-thieves.

A story is told of Josiah Hill-familiarly known as Si Hill-one of the · early settlers, and now living there at a hale old age. After the hanging of Warren, at the the instance of his sons, Monroe and Alfred, a warrant was procured for the arrest of Hendrickson, which was placed in the hands of a Constable, who called Si to his assistance. The arrest was made, and Hen- drickson taken to De Witt; but, giving the Constable the slip, he returned among his friends, who turned out in force, to intimidate those connected with the arrest. Mr. Hill was out at Syracuse, a place then in existence on the Wapsie, west of Calamus, accoutered, as was his habit, with his rifle, single-barrel rifle-pistol and hunting-knife. As the band approached him, he accosted such as he knew in his jovial way, until they informed him of their errand, when he at once took fire, and defied the entire assemblage, informing them, that when- ever called upon by the proper officer to assist him, "he should go to do it." His quiet determination was sufficient to deter those men who knew of his fear- lessness, from any further attempt to intimidate him.

THE HANGING OF BARGER.

In 1848, William Barger deliberately killed his wife at Bellevue. Jackson Co., Iowa, by boring a hole through the fence and shooting her as she appeared at the door in the morning. The crime was a premeditated one and the people were greatly incensed. Under the plea that he could not have a fair trial in that county in consequence of the feeling against him, his counsel obtained a change of venue to Clinton County. At his first trial, the jury disagreed, and he was lying in jail at De Witt, under the charge of Sheriff Buchanan, awaiting another trial. At about midday, a party of men known as the "Iron Hill Vigilance Committee," rode into town heavily armed and unmasked, and in open daylight made an attack upon the jail. Sheriff Buchanan made a determined resistance with all the help he could secure, but he and his friends were overpowered. The Regulators then broke off the locks with sledges and placing Barger in a wagon awaiting, surrounded him with a guard of armed horsemen and proceeded to Andrew, the county seat of Jackson County. There they hung him on a tree known as "hangman's tree." No arrests were ever made of any of the participants in the affair,.

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though they made no attempt to conceal their identity. The public sentiment seemed to be that justice had been done.

HANGING OF HINER.

The last criminal tried before Judge Lynch's tribunal in Clinton County was James Hiner, generally known as " Old Hiner." He had been a some- what notorious criminal, and was constantly engaged in horse-stealing. On the night of June 16, 1865, a horse was stolen from Mr. J. G. Smith, of Elk River. Hiner was seen and recognized while riding the horse through Jackson County the morning after the horse was taken. A requisition had been made by Gov. Stone upon Gov. Lewis, of Wisconsin, it having been ascertained that he was in that State. Armed with this authority, Sheriff George A. Griswold and Deputy Robert Hogle effected his arrest at Mt. Hope, Wis.

On the 2d of October, 1865, they reached De Witt with their prisoner, and placed him in jail to await the examination. On their return, while at Dubuque, he was fully identified as the man who brought a mare and two colts there and. sold them, they having been stolen from Mr. C. Ryan, of Lyons City, where he kept a livery stable.

He had, where he lived, passed under the name of John Stanton, and professed to be dealing in Government horses. An indictment was also resting against him in Whiteside County, Ill., where he was wanted to answer for crimes committed.

On the night of October 18, at about midnight, Sheriff Griswold was awakened by a knocking at his door, and, upon responding to the call with the inquiry, " Who is it ?" was answered by the response, "It's all right." Thinking it to be a belated Constable with a prisoner, or the City Marshal with a culprit, he opened the door to find himself confronted by a dozen or more armed men, who quietly seized him, and. entering the room where there was a.dimly-burning lamp, and while a part of the number took charge of the Sheriff, the others took the keys to the cells, which were lying on the table, and saying, " We want that man." went into the jail, unlocked Hiner's cell and took him quickly and silently out, and, placing him in a wagon in waiting out- side, drove rapidly away. Before leaving, they securely locked everything and left all other prisoners undisturbed. While but one wagon came to the jail, a large number of men with wagons were in waiting outside of the town until joined by their comrades with the prisoner in charge. As soon as Sheriff Gris- wold could raise an alarm and rally assistance, he started in pursuit of the Regulators, and made every effort to strike their trail, but without success. The question as yet was an open one, whether Hiner had been rescued by his friends or taken by his enemies for the purpose of summary execution. The Sheriff, however, upon his return from the northern part of the county, expressed his belief that Hiner had been hung and buried before daylight. Indeed, a citizen remarked to the Sheriff, " Old Hiner will never steal another horse. The job was well done."

But, in the following April, all doubt as to the fate of Hiner was set at rest by the discovery of his decomposed remains in Silver Creek, about five miles northwest of De Witt, by a little girl who was fishing in the stream.

The verdict of the Coroner's jury was, "strangled by persons unknown," and so ended the career of a life-long criminal, who had made it his business to prey upon the property of others until, incensed beyond measure, they, unjustifiably, as must be said, though perhaps not inexcusably, executed him. No arrests were ever made, nor effort to discover who were participants in the tragedy.

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THE BEAVER ISLAND "WAR."

In the winter of 1842-43, there was burlesque war on Beaver Island. Albany had what was known as a town claim on the Island, whence the people took a great deal of wood, to which the people of Clinton County strenuously objected, claiming that it was on their side of the main channel, and the timber growing thereon belonged to them. Finally, to prevent further wood-cutting by Albany people, Deputy Sheriff Aiken, of Clinton County, with a strong posse, heavily armed, came down to the Island fully determined to expel the Albany wood-choppers, and take such energetic and complete possession as would prevent future trespassing. Couriers brought to Albany the news of this action of the Clinton County authorities, and, like angry bees from their hives, the people rallied, " not for their kingdom and crown," but to hold the fort of wood piles and timber at all hazards. Soon upward of fifty men, with a motley arm- ament of rifles, muskets, pistols, swords, pitchforks and other deadly weapons, including loaded bottles, crossed the river and succeeded in effecting a landing unopposed. The bravest marched boldly up to a big fire which had been kindled by the Clintonians, and on one side of which the latter had taken posi- tion. A remarkably large proportion, however, preferred scouting duty, and so, deploying as skirmishers, took to the bush instead of advancing within point- blank range of a fusillade from their adversaries. Orders were given in loud · enough tones to have echoed from the back bluffs on both sides for these strag- glers to join the main body, but a pistol-shot, perhaps accidental, reduced the " scouts" to such a demoralized state that neither threats, orders or coaxing could induce them to change their tactics of "bushwhacking." What the result would have been it is hard at this late day to determine, had not flags of truce been hung out on both sides, and the commanding officers of the two armies delegated to consult over the situation of the affairs and imitate the frequent action of Congress in ante-bellum days, by patching up a compromise. Long, loud and vehement were the arguments on both sides, but, finally, as night began to approach and both parties yearned for their firesides and warm suppers, a compromise was effected by dividing the timber and allotting Albany 400 acres as her share. No sooner was this agreed to and ratified by hearty hand-shak- ing and quaffing friendly pledges than the Illinois scouts emerged from their coverts and claimed their share of timber on the ground that their deploying as skirmishers was the reason for the Iowans partially yielding a point. For years they recounted, with the air of Falstaff relating his encounters with the men in buckram, the daring deeds when they faced the terrible champions of Clinton County, till, in 1861, many of them went to do their duty on fields that proved to be indeed bloody.

CLAIM BUSINESS.

Mr. David Hess, in giving an account of the settlement here of his family, relates his experience with the "claim agents." Frederick Hess and family, three sons and a daughter, afterward Mrs. John Sloan, came through here on their way from Camanche to Sabula, where they had friends and in the vicinity of whom they expected to locate. They stopped in Lyons where they found old neighbors in the East. Here they procured a guide to pilot them over the unbroken prairie to Sabula. This guide piloted them until he no longer knew the land-marks, and, securing another person to guide them the remainder of the way, returned. Upon their arrival at Sabula, they found that all the land about there had been " claimed," and the "claim speculators had

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placed so high a price upon their "quit-claim " interests that it would be cheaper to buy of the Government in Illinois. They therefore decided to cross the river where the Government lands were in market and purchase lands. Being afraid to venture their teams in the small and leaky boat to cross the long ferry at that point, they retraced their way to Lyons to cross there where a larger scow was in use. They were solicited to locate here, but found that the " claim-makers " had ploughed their furrows and set their corner-stakes around all the land near the river, leaving their agents to " sell out," while they had sought new fields for similar enterprise, and they maintained their determination to cross the river. However, their old neighbors said to the settlers, " these are good settlers and we must keep them." The whole settle- ment was convened. As Mr. Hess said, " this did not take long, for only seven or eight houses were here." The matter was discussed, and, at the conclusion of the conference, at which of course the emigrants were not present, they were called upon and informed that they were at liberty to settle upon any lands not occupied by an actual settler, and that the settlers would protect them against all claimants. With this "warrantee deed " they selected their claims and became Iowans.

In order to protect themselves in the absence of any other law, there was an organization formed of all the settlers, and "Squatter-Club laws" were established and by-laws adopted. Every man on the river was entitled to take a claim one mile deep and half a mile front on the river. , Lines were to run east and west without regard to future Government lines. To constitute a claim a man must put a cabin and erect mounds at the corners of his claim. All claims purchased of others, if originally made in accordance with the rules, were protected the same as if held by the original squatter.

The President of the club was the Chief Justice, who heard testimony and decided all disputes about claims, and his decision was final, and, if not peacea- bly complied with, was enforced by the combined power of the association.

At the land sales at Dubuque, in July, 1840, this court was in session nine days and nights without cessation, in settling claim disputes. At this sale, Elijah Buel purchased 600 acres of land upon which a portion of Lyons now stands, and upon which he has ever since resided.

In a claim fight at Cordova, a man named Mckinney shot and killed old Dr. Phillio in a dispute over a claim. His son, William Mckinney, in the spring of 1838, jumped the claim of Charles Bovard, Sr., half a mile below Camanche, built a house and moved in. The settlers rendezvoused at Camanche to the number of seventy or more, and at once visited his house. Calling him out they asked him if he would surrender the " claim." He refused. They then directed him to vacate at once with his family. This he did. His visitors then removed his household goods, tore down his log house and burned the material. He was then directed to load his effects into a skiff and leave the county. The family of Keatley, his wife's family, who had taken part in this claim-jump- ing affair, was also requested to seek other climes, which they did without any delay, and neither family, or any of them, were ever seen here afterward.

In the winter of 1836-37, James D. Bourne was appointed the first Post- master in the county. The office was called " Monroe" at first, but was soon changed to "Waubesepinicon." It was located on Section 6, Township 80 north, Range 5 east. The residence of Mr. Bourne then being in the south- west part of the present township of Eden, Elijah Buel circulated a petition through the county, for a mail-route from Lyons through the county by the way of Harrison's Grove, near what is now De Witt, and to the " Wapsipinicon '

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post office, which was established, and a "horseback " mail was carried weekly over the route.

During 1837 and 1838, quite a number of settlers had scattered along the banks of the Mississippi and of the "Wapsie " Rivers, and had also penetrated the interior to a limited extent. To the observer of the present day, it may appear singular that the settlers avoided the rich prairie lands and sought for the vicinity of timber and settled near the groves; but an early settler very sat- isfactorily explains this by his sententious reply to a query upon this point, "To keep from freezing." In further explanation, he said that the winters were then more severe, the climate having become greatly modified since its settlement ; that the sudden and blinding storms then prevalent made it dangerous for jour- neys to any great distance from home, while there were no roads, fences, or other guides to the traveler. More than this, convenience in the erection of dwellings caused them to seek the groves. Lumber was worth at that time $100 per thousand feet, and all that was brought came down the Ohio and up the Mississippi, and the first settlers' houses were nearly all built of logs, though in some instances of stone.

Settlements were made in 1837, at Folcks' Grove, in what is now

Township, the principal family being that of Abraham Folcks; and at Round Grove near the present site of De Witt, by O. G. Harrison, George W. Ames and others. At Evans' Grove, in 1839, Lyman Evans and his sons Norman and Charles settled, as did also John F. Horner and his brother, David H. Brown, George and John Eldred and others.

But as the story of the wonderful fertility of this "Black Hawk " country spread, the tide of immigration increased, so that, in 1841, when Mr. James D. Bourne took the first census, he returned the population of Clinton County to be 816.

A LOST CHILD.

A Mr. O'Brien formerly resided a few rods from Goose Lake, on the Maquoketa road. One day in September, 1862, Mrs. O'Brien called upon a neighbor, who lived but. a short distance from her house, accompanied by her little daughter, who was three years of age. Several children were playing about, and she did not give any particular attention to the little one until she was ready for her return home, when, not seeing the child, she was told by the children in answer to her inquiries, that the little girl had gone home. The mother, upon reaching home, could not find her child. Soon the aların was given, the neighborhood turned out and made a general search, which was con- tinued for several days. Every nook and gully in the prairie was peered into and every field closely scrutinized, but without success. The father was inconsol- able, and, for more than two months, spent his whole time in endeavors to find his little daughter or some trace of her. It became a general impression that the child had been kidnaped. It was upon a road over which many emigrant wagons passed, and, of course, there were those who could remember the suspicious looks of some which had passed the day the child disappeared. About this time, the since notorious Tennessee Claflin came to Lyons, and was pretending by magnetic power to heal disease, to discover hidden property and the like. Catching, like a drowning man, at a straw, the disconsolate father consulted her, and was assured of her ability to reveal the whereabouts of his lost child. He cheerfully paid in advance the required fee of $25. Tennessee. without a moment's hesitation or a question, minutely related to him the fact that he had lost a little girl in September, described her, told him that several emigrant wagons had passed his house the day of the child's disappearance,

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The History of Clinton County, Iowa: Containing a History of the County, Its., Part 52

Author: Western Historical Co , Western Historical Company Publication date: 1879 Publisher: Chicago : Western Historical Co. Number of Pages: 807

Author: Western Historical Co , Western Historical Company
Publication date: 1879
Publisher: Chicago : Western Historical Co.
Number of Pages: 807