USA > Iowa > Benton County > The history of Benton County, Iowa, containing a history of the county, its cities, towns, &c., a biographical directory of its citizens, war record of its volunteers in the late rebellion, general and local statistics > Part 37
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HISTORY OF BENTON COUNTY.
cuting Attorney ; I. D. Simison, Clerk ; and the court records show that I. M. Preston, S. A. Bissell, William Leffingwell and William Smyth were present as attorneys. The second grand jury was impaneled as follows : E. B. Spen- cer, John S. Forsyth, Jacob Remington, Samuel Osborn, Joseph Bryson, Beal Dorsey, Charles Cantonwine, Loyal F. North, George Cantonwine, William Ball, Stedman Penrose, Michael Cantonwine, Jacob Cantonwine, Elias H. Keyes, Michael Zimmerman and Frederick Zimmerman. John S. Forsyth was appointed Foreman, and the jury retired to the timber as before for consulta- tion, in charge of the Bailiff, David S. Pratt.
At this term, the first petit jury was impaneled as follows: James Downs, Joseph Sanders, William Mitchell, James M. Denison, Price Kendrick, Lyman D. Bordwell, Thomas Lockhart, David S. Way, David Cantonwine, William Davis, John Hendershott, James Worley, Welcom Martin, George B. Pratt, Nathaniel Adams, Chauncey Leverich, Charles Hinkley, Thomas Way, Sam- uel Stephens, William Davis, Jr., and John Mason.
The indictment against Joel Leverich for passing counterfeit money, con- tinned from last term, was quashed. The other indictment against Leverich, for having implements for counterfeiting in his possession, was tried, but the jury brought in a verdict of " not guilty." Joel Leverich, although a member, it is said, of a gang of outlaws infesting the country at that time, was one of the shrewdest of the tribe, and never could be caught. He always " got off," as in this instance.
September 18, 1848, the third term of court was opened in the county, and was held, so says the record, in the log court house at Vinton, the first and the last term of court ever held at the original county seat. Although the record declares that this term of court was held at the court house, the facts are that the court assembled there, but there was no roof on the building, no floor-noth- ing but the bare log walls. A seat was provided for the Judge in one corner by placing a piece of board across the corner in the crevices between the logs, and a shower coming up, some more pieces were thrust into the chinks over his head to protect him from the rain. Court was opened in this primitive " court house," and then adjourned to the cabin of William Davis, which stood on Sec- tion 15, where the business of the term was transacted. The grand jury occu- pied a log blacksmith shop in the vicinity.
At this term John Lewis recovered $300 of Samuel K. Parker for slander. Charles Hinkley, indicted for arson, was tried, convicted, and sentenced to pay a fine of one cent and be imprisoned in the State Penitentiary for one year. This was the first conviction for a criminal offense in the county.
MAIL FACILITIES.
By joint resolution approved January 24, 1848, the General Assembly of Iowa asked for the establishment of a mail route from Tipton, Cedar County, via Pioneer Grove and Marion, to the county seat of Benton. Also of a mail route from Cedar Rapids, via the county seat of Benton, to the falls of the Cedar River in Black Hawk County.
ELECTIONS, 1848.
At the election held April 3, 1848, Elias H. Keyes was elected School Fund Commissioner, receiving 38 votes ; John S. Forsyth, his competitor, received 34 votes. The votes of Taylor and Polk Townships for Justices of the Peace at this election were canvassed by the County Board. In Taylor, Stephen Hol-
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HISTORY OF BENTON COUNTY.
comb had 14 votes; Lester W. Hayes, 13; and Fleming Sanders, 12. In Polk, John S. Forsyth had 19 votes, and Edwin B. Spencer, 16.
The abstract of the votes for county officers at the election, August 7, 1848, is not among the papers found by the historian, but Elias H. Keyes appears to have been elected Clerk of the Commissioners' Court, and Loyal F. North re- elected County Commissioner. For State officers, however, the abstract is preserved :
For Auditor of State-Joseph F. Fales had 44 votes ; William A. Warren, 26-70 votes cast. For Secretary of State-John M. Coleman had 28 votes ; Josiah H. Bonney, 39; William A. Warren, 1.
For State Treasurer-Robert Holmes had 27 votes ; Morgan Reno, 42.
For Member of Congress-Timothy Davis received 29 votes ; Shepherd Leffler, 41.
From these returns it appears that the voting population of Benton County had not materially increased since 1847. One can scarcely realize, as he visits this rich and densely populated county in 1878, that only thirty years ago there were only seventy voters within its limits.
GROCERY BOND.
Among the curiosities of thirty years ago is a bond given by Chauncy Leverich, with G. A. Thompson for security, from which it appears that " Chancy," as his name is signed, took out a license on the 3d day of July, 1848, to keep a grocery for one year. The bond was in the penal sum of $100, and the condition was as follows : "Now the condition of the above obligation is such, that if the said Chancy Leverich shall keep an orderly house, and will not permit any unlawful gaming or riotous conduct in or about his house, then this obligation to be void, otherwise to be and remain in full force and virtue in law." That the keeper of a grocery should be required to take out license and give bond, sounds odd in these later days ; but it must be remembered that in those carly days a grocery was a saloon as well as a grocery store, and Leverich drew around him the more reckless and lawless elements in a community that was then under the dominion of outlaws and horse thieves. The bond was given to comply with the forms of law ; and if it was violated, as it probably was hundreds of times, it was neither expected nor designed that it was to be en- forced. If it was, there was no court to enforce it.
SCHOLARS IN 1848.
Among a lot of old papers on the floor of the vault in the Court House, while searching for lost records, the historian found two, from which the following statement is compiled. It is proper to remark that the inspectors reported " no schools ":
November, 1848, L. F. North, School Inspector of Canton Township, re- ported the number of schools in Distriet No. 1 to be 19; in District No. 2, 42, and District No. 3, 12. I. D. Simison, Inspector of Taylor Township in 1848, made a more elaborate report, and included the heads of families and the number of scholars in each family, as follows : District No. 1, William Mitchell's family had 4; Albert Johnson, 1; Thomas Way, 6; Mrs. Smith, 4; Mrs. M. M. Way, 1; Michael Zimmerman, 5; David Wilson, 6. Total, 23.
District No. 2, John Edwards, 2; John Alexander, 3; Varnum Helm, 4; Daniel Carlisle, 1; George Adams, 4; Mrs. Chauncy Leverich, 1; William Davis, 1; John Royal, 2; James Sanders, 4; Francis Sanders, 1; G. B. White, 4. Total, 28.
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HISTORY OF BENTON COUNTY.
RE-LOCATION OF THE SEAT OF JUSTICE.
The town of Northport was laid out in 1846; was re-surveyed and re-chris- tened Vinton in February, 1848, on the northeast quarter of Section 21. on the spot where the County Seat Commissioners drove the county seat stake. During the following Summer and Fall, Chauncy Leverich, John Alexander and others interested in property lying nearer the river, where the present business portion of Vinton now stands, determined to make an attempt to move the county seat, and accordingly circulated a petition asking the Legislature to grant a re-location by a vote of the people. To prevent all opposition and make the thing doubly sure, at the same time when they circulated the petition they carried a remonstrance, which they asked all to sign who would not put their names to the petition. In that way they seeured the signatures of nearly all the citizens of the county, and when obtained, they cut the names from the remonstrance and attached them to the petition. By this sharp practice, they were able to make a very strong showing to the General Assembly, and without opposition secured the passage of an act as follows :
An act to provide for the location of the county seat of Benton County :
SEC. 1. Be it enacted by the General Assembly of the State of Iowa, That the legal voters of Benton County shall vote, at the next April election, for such points in said county as they may deem proper ; and if, upon canvassing the votes, it is ascertained that any one point has received a majority of votes over all others, then the point receiving such majority shall be and remain the permanent seat of justice of said Benton County ; but if no point shall receive such majority, then and in that case the said legal voters of said county shall vote for the two points receiving the highest number of votes at said April election, at the next August election, and the point receiving the highest number of votes at said August election shall be and remain the permanent seat of justice of said Benton County.
At the election held on the 2d day of April, 1849, the friends of removal eame very near removing the county seat farther than they desired-to the other side of the river, two or three miles from the present Court House. One more vote for that location would have carried it.
The following extract from the abstract of the votes, made by E. H. Keyes. Clerk of the Board of County Commissioners, and Fleming Sanders and David S. Way, Justices of the Peace, is an interesting item of history :
" The southeast fourth of the northeast quarter of Section three (3) in Town- ship 85 north of Range 10 west of the 5th P. M., received fifty-seven votes for the county seat of Benton County ; Lots Nos. 5, 6, 7 and 8 of the west half of Section 16, Township 85 north of Range 10 west of the 5th P. M., as shown by the plat made by the Trustees of Taylor Township, in the county aforesaid, made on the 17th day of March, 1848, had fifty-seven votes."
A COMPACT AND ITS RESULT.
By the terms of the aet, if no point received a majority of the votes at the April election, the people were required to vote again in August. But the close- ness of the vote in April alarmed those who had anticipated no serious opposi- tion to their scheme of moving the seat of justice from Northport (Vinton) to a spot nearer the river. In April, both points voted for. received an equal num- ber of votes. Mr. Bordwell was unavoidably called away on that day. He, had he remained at home, would have voted, as he says, in favor of the location on Section 3, which would have moved the county seat some distance farther than was desirable. Something must be done. " Uncle Tom " Way had con- trol of seven votes. At the April election, he had voted the " seven " in favor of Section 3. Should he repeat the operation in August, the result might be
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HISTORY OF BENTON COUNTY.
fatal to the hopes of the west side people. At this junction, John Alexander and John Royal went over to Way's and remained there a day and a night, and at last made a solemn compact with " Uncle Tom," that if he (Way) would attend the election and vote his " seven " in favor of Lots 5, 6, 7 and 8 of the west half of Section 16 for the county seat, they (Royal and Alexander) would exert all their influence to elect him (Way) to the office of Treasurer and Recorder. The compact made, the high contracting parties shook hands across the head of a whisky barrel, and Alexander and Royal, elated with their suc- cess, returned to the future site of the capital of Benton County, confident that the election, so far as their wishes and interests were concerned, would result as they desired.
On the day of the election, "Uncle Tom," with his crowd and with the inevitable whisky jug slung over his shoulder, appeared, voted his "seven " as he had promised, and the canvass of the votes by Clerk Keyes and Justices F. Sanders and Charles Cantonwine showed the result as follows : Lots 5, 6, 7 and 8 of the west half of Section 16, Township 85, Range 10, received sixty-two (62) votes ; the southeast quarter of the northeast quarter of Section 3, Town- ship 85, Range 10, received twenty-five (25) votes. This settled the vexed question, and Vinton was no longer the county seat of Benton County.
Way had faithfully fulfilled his part of the contract. Were the other parties as faithful ? The impartial historian is compelled to admit that the weight of evidence is against them ; for, upon counting the votes for Treasurer' and Recorder, it was found that Way had received only thirty-six votes, while his successful competitor, Johnson, received forty-four votes.
FREMONT.
In November following, James Leverich, who had purchased the claim of Chauncy, laid out a town on the lots above mentioned, and called it Fremont, in honor of Gen. John C. Fremont, which became the capital of Benton County.
THE FIRST COURT HOUSE
was a small, two-story frame building, that stood on the southeast corner of the Public Square. The frame was put up, the roof covered, and the walls sided up before the town was platted (probably before the votes were taken as above,) by Leverich and other friends of removal, as an inducement for the people to vote for that location. It thus stood, a more shell, without floors, doors or windows, until 1851-2, when it was partially finished. A floor was laid in the lower story, doors and windows put in, so that the District Court could occupy it. The upper story was finished and divided into two rooms, in one of which the county offices were located. A flight of rough stairs on the outside of the building led to the second story.
THE ELECTION OF 1849.
On the 2d day of April, 1849, Joseph Rouse was elected Recorder and Treasurer, probably to fill a vacancy, over Aaron Haines, by a vote of forty- seven to forty-two.
The election in Canton Township was held at the house of Jacob Canton- wine, and L. F. North had eight votes and Charles Cantonwine seven votes for Justice of the Peace. "David Cantonwine had six votes, E. R. Buchanan had two votes, William Fish had four votes, William Daws had two votes, P. Kis- linger had one vote," but for what office does not appear.
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HISTORY OF BENTON COUNTY.
The abstract of the number of votes at the election for county officers on Monday, August 6, 1849, shows a slight increase of voting population :
For Recorder and Treasurer-James Johnson had 44 votes ; Thomas Way, 36.
For Coroner-George B. Pratt had 11 votes ; C. J. Pitts, 1 : Charles N. Moberly, 10; James Hamting, 1.
For Sheriff-Cyrus C. Charles had 45 votes ; James Downs. 41.
For County Commissioners' Clerk-James Johnson had 8 votes; George B. Pratt, 25; A. Cantonwine, 6; E. H. Keyes, 14; J. T. Simison, 1.
For Prosecuting Attorney-John Alexander had 10 votes.
For County Surveyor-I. D. Simison had 60 votes ; D. Simison, 1.
For County Commissioner-Samuel M. Lockhart had 40 votes ; L. D. Bordwell, 16: I. D. Simison, J.
For Clerk of the District Court-I. D. Simison had 45 votes.
For Sealer of Weights and Measures-William Ball had 30 votes.
For Judge of Probate-John Alexander was elected ; vote not given.
RESIGNATION.
E. H. Keyes resigned the office of Clerk of the Board of County Commis- sioners, October 1, 1849, which would indicate that George B. Pratt, elected as above, declined to accept. W. R. Johnson appears to have been appointed Clerk pro tem.
THE FIRST MILL
erected in Benton County was built on Mud Creek, about a mile and a half southeast of Fremont, in 1849. The enterprising proprietors were John Royal and Cyrus C. Charles.
DIDN'T KETCHUM.
Some time in 1849, a stranger accompanied by a woman appeared in Vinton. He gave the name of Ketchum, and soon after his advent engaged in the saloon business. Erelong a woman came to town, and gave her name as Mrs. Ketchum, the lawfully wedded wife of the saloon keeper, whom she had come to see. She did not propose to tolerate Ketchum's weakness for getting married while she was still able to get around. She was rather an energetic woman, for she had a warrant for her husband's arrest placed in the hands of Deputy Marcus Webb within two hours after her arrival. Webb made the arrest. took his prisoner before Justice Brubacher, and, having other business to attend to, left him in the custody of Constables Stanbury and Bob Quail. Doctor Buffum was engaged by the prisoner to defend him, and had gone with him to Justice Bru- bacher's. Pending the appearance of witnesses, a jug of whisky was sent for. and the Justice and the attorney for the defense sat down to play a friendly game of "seven-up." Quail having been out late the night before, went into an adjoining room, lay down, and was soon fast asleep. About the time Brubacher was two points ahead in his second game with Buffum, Ketchum asked permis- sion to leave the room a few minutes, which Brubacher considerately granted. That was the last ever seen of Ketehum in Benton County. He had made good time. Diligent search was made, but he was beyond the reach of the offi- cers. Brubacher was indicted at the next term of the District Court for keep- ing a gambling house, and both he and Buffum were indicted for gambling; but owing to informality in the papers, both were discharged.
In the Spring of 1850, Major Wood, of the regular army, encamped in the southeastern part of Iowa Township, with two companies of dragoons and a detachment of infantry. The cavalry were commanded by Major Olm- stead, and infantry by Major Johnson. The encampment was named "Camp Buckenough." This location was made a temporary depot of supplies which were being hauled from the Mississippi River to the stoekade which had been
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HISTORY OF BENTON COUNTY.
ordered to be erected where Fort Dodge now stands. The command remained two or three months, when the battalion was divided, part being sent to Fort Leavenworth, and the remainder to Fort Dodge.
ELECTIONS OF 1850.
The Spring election in 1850 occurred on Monday, April 1. At this elec- tion, James F. Beckett was elected School Fund Commissioner and also Com- missioners' Clerk.
At the general election held August 5, 1850, the following county officers were elected :
County Commissioner-James Rice received 66 votes ; his competitor, E. H. Keyes, 39- total, 105.
Charles W. Buffum was elected Clerk of the District Court, having received 40 votes ; I. D. Simison, 26; William S. Read, 4, and John Brachen, 2. for the same office.
For Commissioners' Clerk-James F. Beckett received 14, and James Johnson, 1.
For State officers the vote of Benton County at this election was as follows :
For Governor-James L. Thompson received 46 votes ; Stephen Hempstead, 58.
For Secretary of State-Isaac Cook received 55 votes ; George W. McCleary, 51.
For Auditor of State-William H. Seevers received 51 votes; William Patter, 54. For Treasurer of State-Evan Jay received 51 votes : Israel Kister, 55.
For Representative to Congress, Second District-William H. Henderson received 53 votes ; Lincoln Clark, 54 ; total vote for Congressman, 107.
THE INDIANS.
Although the Indians ceded a portion of the county to the United States in 1837 and the remainder in 1843, they roved over the country as late as 1854. They had a favorite camping place on the east side of the Cedar River, near Mr. Thomas Way's. The spot was chosen partly, perhaps, because "Uncle Tom " always had a good supply of fire-water. They came here every year and spent several days in celebrating some of their mystic rites, religious dances, etc. Upon one occasion, Mr. James Rice gave them a fine puppy, which they sacrificed to the Great Spirit with much ceremony, holding a war dance as a part of the exercises. The Indians were many times accused of committing depredations of which they were not guilty. They were very convenient scapegoats for horse thieves. Berry Way. "Uncle Tom's " renegade son, used to steal and run off their ponies during their annual encampment near his father's house. Stealing them during the night, Berry would always be at home the next morning, and when the "reds " entered com- plaint, he was on hand to assist them in efforts to discover the missing animals, but always sent them on the wrong trail.
Berry Way and another young man, well known thieves of Benton County, made a trip through Black Hawk County in March, 1846, stopping all night at a logging cabin, built by " Cedar " Johnson a year or two before, near Big Creek, then occupied by James Newell. The next morning they proceeded up the river to the vicinity of the Turkey Foot Forks ; spent that night with " Big Wave," a prominent Winnebago Chief, and to requite his hospitality, stole two valuable horses from him before daylight in the morning. About twenty of Big Wave's band pursued them, and found them at a singing school near Center Point. Thev threatened to shoot the trio, but the settlers interfered, and persuaded the Indians it would be best to place the thieves under arrest and let the law take its course. The scoundrels were accordingly confined in jail at Marion, but soon after escaped.
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HISTORY OF BENTON COUNTY.
THE DARK AGES.
On the confines of American civilization, as its resistless tide swept onward toward the setting sun, and its waves broke against the boundaries of Indian territory only to gather new strength, overleap them and rush onward to the next barrier, there were always hovering, like spies in advance of an invading army, a swarm of bold, reckless, adventurous and enterprising spirits, many of whom were criminals. The broad, untrodden prairies and the trackless forests furnished admirable refuges for those whose crimes had driven them from com- pamonship with honest and law-abiding people, to seck both safety and immunity beyond the reach of Sheriff's and courts of law.
Hovering there, where courts and civil processes could afford but a weak bulwark of protection, or none at all, against their evil and dishonest purposes and practices, the temptation to prey upon the comparatively unprotected sons of toil, rather than to gain a livelihood by the slow process of honest industry. lias often proved too strong to be resisted. Some of these reckless characters sought the outskirts of advancing settlements for the express purpose of theft and robbery ; some, because they dare not remain within reach of efficient laws; others, of limited means, but ambitious to secure homes of their own, and with honesty of purpose, exchanged the comforts and protection of law afforded by the old, settled and populous districts for life on the frontiers, and not finding all that their fancy painted, were tempted into crime by apparent immunity from punishment, or driven to it for protection against their immediate neigh- bors. In new countries, the proportion of the dishonest and criminal has often been greater than in the older and better regulated communities where courts are permanently established, and the avenues of escape from punishment for wrongdoing more securely guarded.
When the whites first began to enter upon and possess "the beautiful land " west of the Mississippi, there were but two counties north of the State of Mis- souri and west of the "Missis-Sepo"-The Mighty River. These were Dubuque and Des Moines. They extended from the flag-staff at Fort Arm- strong, fifty miles westward, and from Missouri State line northward to the line of the neutral ground, or Winnebago Reserve. It was a vast extent of country, which afforded secure concealment for a horde of outlaws and desperadoes who preceded permanent settlement, and sought abiding places on the extensive western boundary of these two counties, as near the Indians as they could dwell in safety.
And when the rich prairies, away from the immediate vicinity of the Mis- sissippi, began to attract honest immigration, the earliest settlers generally found these characters in advance of them, and others came to remain for a season in the midst of the industrious, toiling pioneers, to prey upon their sub- stance, knowing full well that in the then unorganized condition of society, they were sure of comparative freedom and immunity from detection and punish- ment.
In 1837, when the second Indian purchase in Iowa was made, again there was a gathering of these reckless, daring law-breakers on its western confines. About that time, the country began to be flooded with counterfeit money-in fact, it is said, there was more counterfeit money than there was of good. Occasionally-and the occasions were rather more frequent than angels' visits- a horse would be stolen. No one could tell where the counterfeit money came from, nor where the stolen horse was hidden. At last horse stealing became so general and was so successfully prosecuted that when a farmer missed a horse
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HISTORY OF BENTON COUNTY.
from his stable or his pasture, he never hunted for him beyond a half mile from his premises. It was useless, the gang was so well organized, and had such a perfect system of stations, agents, signs and signals.
As has been shown, a strip of land on the east side of this county, com- prising about one Range (9th) of townships, was embraced within the limits of the "one million, two hundred and fifty thousand acres" purchased by the gov- ernment of the United States from the confederate tribes of the Sac and Fox Indians, at a treaty held at the City of Washington September 21, 1837. This part of the county was open for settlement, therefore, for about six years before the remaining portion was vacated by the Indians, May 1, 1843. The land was not surveyed, and very few settlers located in the county prior to 1843. Shortly after the Indians were removed, in May of that year, settlements began to increase, and as the county began to be more populous, a number of persons settled in Linn County, and some of them over the Linn County line, on the strip above mentioned, whose habits and practices gave rise to the suspicion that they belonged to a regularly organized gang of law breakers, horse thieves and counterfeiters. They had no visible means of support, and were almost con- stantly coming and going, wore good clothes-that is to say, they dressed better than the honest, toiling farm makers-had plenty of money, and were ready at all times and on all occasions to pay their way.
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