USA > Iowa > Marshall County > The History of Marshall County, Iowa, containing a history of the county, its cities, towns, &c., a biographical directory of citizens, war record of its volunteers in the late rebellion, general and local statistics, portraits of early settlers and prominent men etc > Part 44
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Marshall was seriously in earnest in her attempt to gain the victory. Not only was she governed by a desire to acquire wealth and position by the loca- tion of the seat with her, but there was a still stronger vein of feeling underly- ing her action, which was a dislike of failure in the cause she had espoused. These were both natural motives for vigorous conduct, and apply as well to Marietta as to Marshall.
The legal question had been decided in favor of Marshall. and therein lay her strongest claim. The question arose as to the surest method of enforcing the advantage gained by the decision of the Supreme Court. Marietta consid- ered the opinion of the Court not only unjust, but even biased; and was as firmly determined to maintain her nine points of possession as Marshall was to override them. Knowing the metal of Marietta men, Marshall concluded that a display of force upon the Judge separately would effect the desired purpose, and avoid armed conflict. We do not wish to impugn Judge Smith's bravery, but it appears to us that there was more show of violence than there was a sincere spirit to perpetrate it. The arrest of the Judge and the liberation of the two Canvassers, Turner and Wolohan, while he was retained, shows that the Mar-
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shall men were bent on one purpose alone, viz., the obtaining of his signature to the preconcerted recanvass papers. The unwarranted possession of the im- pression of the county seal, and the united action of the Marshall men on the night of the Judge's arrest ; the refusal to extend his lawful right of change of venue. that he might carry his case to the District Court, stamp the proceed- ings before Justice Yeamans a farce.
Therefore, we express the belief, that had Judge Smith absolutely refused to obey the demands of his opponents, he would have held the key to the situ- ation. Violence would never have been used against him, had he done so.
The men interested in the Marshall movement were the leading men of the town. Messrs. Woodbury, Glick, Hepburn, et al., would no more have dared to lift their hands against the Judge than they would against us for writing these lines. There were hot-blooded men in the crowd, but the town was not in a state of anarchy, and the leaders were amply able to control the reckless spirits. The whole matter was intended as an intimidation merely, and as that, succeeded in full degree.
Judge Smith is in no way to blame for his. conduct. The appearance of violence is as unpleasant, oftentimes, as the actual existence of danger. Smith was alone, and felt that he was in the power of his political enemies. He yielded under protest, and obeyed their commands.
At a later period in the contest, there was great danger of bloodshed ; for Marshall had grown somewhat reckless in her victory over the Judge. But at the time of the signing of the returns, the blood of the leaders was not hot enough to permit any outrages in the village of Marshall. The naturally ex- cited mind of the Judge saw more to create apprehension than really existed. we have no doubt.
This statement is due to Marshall, since we have given the Judge's account of the arrest, almost verbatim, and with his full knowledge. It is not just that the names of those who controlled the Marshall faction should pass into history as willful violators of law and order, to the extent of encouraging so enormous a crime as murder. Had the Judge refused their demands, and asked " What are you going to do about it ?" the leaders would have answered, "Nothing." They would have been compelled to restrain the worst element in order to pre- serve their own safety as well as honor. The death of Judge Smith would have resulted in the burning of Marshall and the ostracism of its leading men. This fact was fully known by all, and would have controlled if fairness and honesty could not.
Having received the signature of the Judge to returns declaring Marshall the county seat, it then devolved upon the Marshallites to secure the records and county property. This was a task of no small magnitude, since the archives were in the hands of men as intrepid as any in the State. But neither party was of a nature to falter at dangerous work.
On the 11th of January, 1859, Sheriff Harris ordered out the company of militia, commanded by Capt. E. Shurtz. The following order was issued :
MARSHALL, January 11, 1859.
CAPT. E. SHERTZ, EsQ. :
Sir-You are hereby commanded to summon your company to be and appear before the Court House in Marietta, in Marshall County, Iowa, armed and equipped as by law required, forthwith ; and by no means whatsoever harm or molest any one without my orders.
Hereof fail not, under the pains and penalties of the laws of the State of Iowa.
You are further commanded to strictly forbid any loose talk or swearing,.or even threats, from any one of your company. L. L. HARRIS, Sheriff of Marshall County, Iowa.
Judge Smith was still at Parson Babcock's house.
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HISTORY OF MARSHALL COUNTY.
All was hurry, bustle and excitement in Marshall. It was designed to keep the intended attack upon the Court House a secret, and accomplish the capture by strategy. But fortune smiled upon the Marietta forces. There were friends of that party in Marshall when the summons came, and they speedily set forth, like Paul Revere, to warn the sleeping citizens of the approach of invading hordes. Messrs. Boardman and Turner were in Marshall with a somewhat worn wagon, but that did not deter them from making royal speed homeward. On they dashed, regardless of the safety of life or limb. Disaster overtook them in their hurried flight, but did not dishearten them in the least. A tire flew off their wheel, and on they went, rattling away on broken fellies and bat- tered spokes. At last they reached the citadel and aroused the friends of per- sonal liberty. The story was quickly told, but the trouble lay in finding an organizer. Mr. Greener arrived early in the day and told the story to startled Marietta. Neither Deputy Sheriff nor Coroner lived in the village ; but William II. Weatherly was there, and to him, as an experienced officer of the law, papers were issued at once as Special Sheriff.
Mr. W. rallied his troops, which were armed with all sorts of implements of war. Men were stationed in front of the building and others were placed about it. Orders were given not to fire without positive commands from the Special Sheriff. In this position the defenders of the court records and tax rolls awaited the approach of the Marshall troops. Finally, down the road appeared the forces, vaguely seen in the winter morning. The invaders halted at a safe distance and made known their business. Sheriff Harris accosted Sheriff Weath- erly, and demanded a peaceful surrender ; but that was not within the power of the Marietta Captain to grant. He told the Sheriff to retire, or he would not be responsible for personal injury to him. Sheriff Harris was not a cowardly man, but he desired to be safely out of complications that endangered future political preferment.
Parley after parley was held, but the same answer was returned. The Marietta men answered that the archives could be taken away only over their dead bodies. The Marshall men, supported by the Bowen Guards, armed with Government muskets, were determined to take the records, even at the hazard of life. The Guards were under the command of Capt. Elliott Shurtz, First Lieut. George Hampton and Second Lieut. Wells S. Rice. The regular body numbered, probably, fifty arms, while as many more men, armed at will, were following in the wake of the Guards. There were, doubtless, several hun- dred Marshall men on the grounds. The Marietta forces may have reached fifty strong, but they " held the fort."
The little town was turned into a martial camp. It is said that a keg of powder was placed under the county safe, with which to blow up the records in case the Court House was captured. Even the women were belligerent, and armed themselves with such articles of defense and offense as were within their reach. James L. Williams was to fire the train and blow up the Court House, in case of its capture. Had the Marshall men reached the safe, probably a score of lives would have been instantly sacrificed by the explosion of the mine.
While the leaders of the Marshall men were not bent on bloody work, they were disposed to make as formal a show of authority as possible, and intimidate those whom they really believed were violators of the law. The valiant little band of Marietta guards were as sincere in their defense of the county property as were the Minute Men of the Revolution, and were ready to fall, if need be. in the discharge of a duty. The bristling bayonets of the Bowen Guards were,
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in the eyes of Marietta, the evidences of tyranny, so cursed in the estimation of every American, and must be brought low before the defenders of the faith.
Sheriff Weatherly meant to restrain the hot-blooded young men of his party until the invaders opened the battle ; but he was equally firm in the intention to order his men to fire low, if an assault was made on his brave little company.
The Bowen Guards and posse comitatus did not go forth with " music and banners," but they were as ready to fight as ever was the bravest company of Union men when face to face with traitors. When the company reached Mari- etta, a body of "cavalry " preceded the "infantry." The greeting of this military cavalcade was far from complimentary. Even the women of Marietta were up in arms, ready for the fray. It is said that Mrs. Boardman, wife of the leading spirit of Marietta, provided herself with a gun and marched out to defend her home. One of the company became impertinent to her, and, with true Western grit, she ordered him to observe proper respect, or she would shoot him on the spot.
One of the most humorous of all the incidents was the appearance of Mr. Daly on the scene, armed with a huge sausage-stuffer, from which he sent forth streams of muddy water upon the invading hosts.
It is said that the clerical robes of the reverend Chaplain of the day, Mr. Babcock, of Marshall, were badly soiled with eggs thrown by the fair hands of Marietta ladies, and that the voices of gentle women were heard all day long in tones suited rather to outdoor exercises than to parlor conversation. But there was an air of earnestness in all their doings which proclaimed their sincerity in the advocacy of the cause.
There was a desperate element among the men on both sides, which was kept from open riot only by the firm, cool judgment of the leaders of both factions. When the day advanced and the time drew near for definite proceedings, Sheriff Harris approached Mr. Weatherly and quietly asked for the records. Weath- erly drew Harris aside and told him that his " hide would not hold straw" if he remained there much longer. Harris took the hint and made no further demonstration. This left the ordering of the battle to Capt. Shurtz, who had grown disgusted at the delay caused by Harris' parleying. The Guards were rested just out of the village, but the place was alive with independent Marshall men. Shurtz finally went over and held a council of war, and then moved his men into the public square. A barricade was constructed within a few feet of the Court House and the cloud of battle began to lower. Harris skipped about with wonderful agility, keeping an eye on possible attacks from the rear.
Sheriff Weatherly held his ground firmly, and all about him could be heard the " click, click " of the rifle locks, as the Marietta men cocked their guns.
Hlad a reckless boy fired a stray shot, or had a rifle accidentally gone off, these records would have sad stories to relate. Fortune favored the work, however, and preserved the lives of those half-crazed men.
At about 4 in the afternoon, an injunction from Judge Thompson of the District Court was received, which commanded the cessation of further hostili- ties on the part of Marshall men. The seal of the Court was necessary to complete the document, and Mr. Williams, the Clerk, was quietly aided in climbing through a rear window of the Court House for the purpose of obtain- ing the required certificate.
Presently, the loud voice and commanding presence of Mr. Boardman stilled the noise of the swaying crowd, as he read to the Marshall men the writ of injunction. The effect of this document upon the belligerents was, as might have been expected, stunning. Many were disposed to fight the issue to the
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bitter end, while others were secretly glad that the conflict had ended thus without bloodshed.
The Guards were withdrawn from the defenses and the stragglers followed the main body toward Marshall. On the way home, the company met Judge Smith and Messrs. Woodbury and Chapin. A call was made on the Judge for a speech. Ile spoke to the men and told them that he had acted, as he sup- posed, for the best. He rejoiced at the peaceful termination of the outbreak. He said that he had recanvassed in good faith and would adhere to his decision. This speech was made use of by Marshall men afterward ; but the Judge now admits that it was made on compulsion, like the rest of the proceedings.
The Guards were received in Marshall with less honors than usually fall to the lot of returning warriors. All day long, the women had rushed from house to house, in an agonized spirit, trying to draw consolation from one another's glimmer of hope; but when the wild rumors of death and destruction were dis- proved by the return of the liege lords in sound mind and body, laughter and derision took the place of despondency and tears.
Although many minor feuds grew out of the Marietta " battle, " no blood was ever spilled because of it. No further movement was made to coerce the defenders of the county property, except through the courts. Legal prowess shone out more gallantly than did the military bravery of the men.
As the Marshall troops scrambled into the wagons and rode from the scene, threats of a return on the morrow were loudly made. The Marietta men con- cluded to be prepared for an attack and spread the news far and wide. Probably a hundred more were assembled on the second day than were present on the first, and every man was ready to fight. Had the Marshall men really presented themselves, there would have been many persons killed, for numerous Kentuck- ians and Arkansas men were on the ground, armed with rifles and anxious to use them. They even proposed to go to Marshall and force a battle. But wiser counsels prevailed. No hostile bands came in collision and peace reigned in Marietta. Judge Smith was invited to tell his version of the recanvass, and did so publicly at Marietta, a day or two after the "battle." The Marietta men then voted to burn Marshall that night, but were dissuaded from their purpose. A few days later, Mr. Smith repeated his speech at Albion. He was there met by a large delegation from Marshall, and an open conflict was nar- rowly escaped.
Several days after the "Marietta battle," Mr. Dishon returned from Des Moines, armed with legal opinions concerning the question of issuing county bonds for the erection of a Court House at Marietta, a subject alluded to in the preceding pages, in proper chronological order.
Smith still professed an aversion to the adoption of the plan. but was dis- suaded from his position by Dishon and others, who represented that they had consulted with the leading men of Timber Creek and neighboring townships, which were supposed to favor Marshall, and had been assured that the senti- ment of the voters was all in accord with the scheme. The long trouble would thus be ended.
Smith argued that the adoption of such a course would ultimately result in litigation and rebound upon Marietta. The Judge asked Dishon what he would do in case the county seat was removed after the bonds were issued. Dishon pledged him that the county should never lose one dollar by the issue. If the contest ended adversely to Marietta, he would care for the bonds at maturity. He also promised that Smith should not suffer from the acceptance of the proposition.
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HISTORY OF MARSHALL COUNTY. .
At last, persuaded by the arguments of his friends and controlled by the opinions of the Des Moines lawyers. Smith made the serious mistake of issuing $26,000 in county bonds.
The bonds were to run four years, at 10 per cent. interest The total value in principal and interest amounted to $33,000. Dishon accepted the paper, and wrote a contract with the county, agreeing to erect a specified Court House at Marietta, within twenty months from January 14, 1859, the date of the con- tract. The county was secured by a bond of $80,000, with the names of J. G. Crookham, Thomas J. Wimberly, John Turner, Stacey Nichols, William M. Cle- mons, John R. Mercer, Caleb Tompkins, HI. E. J. Boardman, Thomas J. Wil- son, James L. Williams, Thomas Mercer, George Patton, Samuel Bowman, F. Baum, John Robbins, O. Shively, J. W. Leaming and George Whealan, as sureties.
Mr. Dishon at once negotiated the bonds at the East, placing his name as indorser thereon, and receiving in exchange mercantile goods. he being in that business in Marietta then. Thus the bonds passed into innocent hands, and the county became responsible.
The question of the payment of these bonds became an active one in poli- tics. Meetings were held in various parts of the county, and violent opposi- tion was manifested. The Times openly advocated repudiation. The matter was beyond redress, however, except by compromise.
The contract made by Mr. Dishon was not carried out and no building was erected. Bond-holders made strenuous efforts to influence the county to pay the face, but such efforts were unsuccessful.
Pending the settlement of this case, the State law creating the Board of Supervisors to succeed the County Judge system went into force, and bribes were tendered Supervisors to pass a bill declaring the county fully responsible. The total cost of compromise was $10,973.66, to the tax-payers of the county.
It need not be here recorded what the personal feeling engendered between the ex-Judge and the people was, for the measures and methods of procedure are unessential, so long as facts which affected the material interests of the peo- ple are preserved. Such an action as the ex-Judge was responsible for neces- sarily produced lively newspaper and personal comment.
The case was taken to the District Court and thence to the Supreme Court. where, on Thursday, November 3, 1859, the following statement of case and opinion were rendered. The case is so clearly summed up that we copy in full from the IN Iowa Reports :
RICE US. SMITH, County Judge, and DISHON.
Appeal from Marshall District Court. Thursday, November 3, 1859.
The petition was for an injunction to stay the building of a Court House in accordance with the contract made, and the issuance of county bonds there- for.
The petitioners, Wells S. Rice, G. W. Woodbury, Reuben HI. Webster. Henry Anson and H. C. Henderson, represent that they are citizens, voters and tax-payers of the county of Marshall, and resident in and property holders in the town of Marshall in said county, and largely interested in the matters ยท set forth in the bill.
They represent that, in accordance with a petition presented to the County Judge in June, 1857, praying therefor, he ordered an election to be holden in April, 1858, upon the question of the relocation of the county seat at the town of Marshall. That a vote was taken in pursuance of the law, and that the vote and election resulted in favor of Marshall. That the County Judge took
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to his assistance two Justices of the Peace, who, with himself, were in favor of the town of Marshall, to canvass the vote, and they, for certain informalities, rejecting the returns from the townships of Marion, Le Grand and Green Castle. declared the result to be in favor of the town of Marietta. That at the April term of the District Court, A. D. 1858, an information was filed praying that a writ of mandamus might be issued, commanding the said Judge to take to his assist- ance two Justices of the Peace, and to recanvass the votes of the said election, and in such canvass to count the returns from the three townships which had been rejected, and to declare the result accordingly ; and that such proceedings were had in the cause that the said Court ordered that a peremptory writ of mandamus issue, commanding as above stated. That the defendant appealed from that judgment to the Supreme Court, but the same was affirmed at the December term, A. D. 1858, and a writ of procedendo was issued, and, in accordance therewith, a peremptory writ of mandamus.
The petitioners further represent, that afterward, on the 6th of January, A. D., 1859, the County Judge, pretending to act under the said peremptory writ, called to his assistance two Justices of the Peace, and pretended to canvass the returns of the said April election, but, instead of obeying the said writ, they again rejected the returns of the said townships of Marion, Le Grand and Green Castle, and again declared the result in favor of the town of Marietta. And the petitioners aver that at the time of the said pretended canvass, the peremptory writ had not been legally served upon the County Judge, but a service by read- ing and copy had been acknowledged by him on the peremptory writ; and they . say that on the 10th day of January, 1859, a legal service was made by the Sheriff, leaving the writ with the Judge, and indorsing a return upon a copy thereof.
The complainants further state, that on the 11th day of January, 1859, the Judge took to his assistance two other Justices of the Peace, thus forming a Board of Canvassers, and in obedience to the writ, they canvassed the votes of the said election of April, 1858, and, in accordance with the result therefor, declared that a majority of the votes cast were in favor of the town of Marshall ; and that this result was duly entered in the proper election book, with a decla- ration that the town of Marshall is the county seat of said county.
The complainants further represent, that, notwithstanding the above proceed- ings, the County Judge, on the 14th of January, A. D. 1859, entered into a private contract with William Dishon, a citizen of Marietta, for the erection of a Court House at Marietta, at a cost to the county of $26,000 as principal, and at least $7,000 as interest to accrue according to the terms of the contract, which build- ing was to be completed within twenty months from the date thereof; and that according to the statement of the contract, the Judge had issued, in advance, twenty-six bonds of the county, for the sum of $1,000 each, which fall due in different sums (stated in the bill) in January of the years 1860, 1861, 1862 and 1863, with the accruing interest at 10 per cent; and that this will be a needless and unlawful expenditure, and will lead to oppression and useless taxation, for that the county has already a good title to a lot and building in the town of Marshall, affording ample accommodation to the courts, juries and officers of the county, which building was erected at the expense of the citizens of the last-named town.
And the complainants aver that the above contract was made by the said County Judge, with said Dishon, with full knowledge on the part of both and of all concerned therein, of all the matters above set forth; and that they be- lieve, and have good reason to believe, that the contract was made and the
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bonds issued by collusion and fraud between said Judge and Dishon, with intent to cheat and defraud the county, and prevent the removal of the county seat.
They therefore pray a writ of injunction against the said County Judge and said Dishon, restraining them, and all persons in their employment, from pro- ceeding to execute the said contract ; and enjoining said Judge not to issue or deliver said bonds, nor any part of them ; and restraining said Dishon from sell- ing, transferring or otherwise disposing of them or any of them; and from erecting said Court House in the town of Marietta, or providing any materials therefor, until otherwise legally ordered.
An injunction was allowed upon the foregoing bill, by the Judge, in vaca- tion ; and at a succeeding term of the District Court, in April, 1858, a motion was filed to dissolve the same, which was overruled. At the same term, there was a demurrer to the petition, and this was not sustained. The defendants then filed an answer, and after that, a second motion to dissolve the injunction, which also was overruled.
The answer commences in the name of both the defendants, and admits the statements of the bill as to the petition for a vote on the question mentioned, and the order therefor ; but they deny that the petition was presented in pur- suance of the statute, and deny that notice thereof was given, as required, and aver that the Judge had no authority to make the order. They deny that legal notice was given in the townships ; that the town of Marshall received the num- ber of votes alleged, and Marietta only the number alleged by petitioners ; they deny that the informalities in the returns from Le Grand, Marion and Green Castle consisted merely of the omission of the jurat of the election officers, but say that there were other essential defects in said returns, and among them, that said returns did not show that the officers had any color of title to the offices of Judges or Clerks of Elections ; that they did not show that they were returns of any election in Marshall County, nor that the persons signing them signed as Judges or Clerks of Election, and that they were not certified as true, and were not attested by the Clerks.
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