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 39
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The reign of civil law and justice commenced in Benton County with the first term of court, in June, 1851, and from that period it rapidly emerged from the excitement, confusion and contempt for civil authority that marked the " dark ages." From that time those who had been foremost in attempting to regulate the affairs of the county by lynch law began to retire to back seats, where they have always remained. Upon closing the term, Judge Carleton urged upon the assembled citizens the supreme importance of calming the intense excitement under which they had been laboring for years; to yield cheerful and earnest obedience to the constituted authority of the State, and to select men to fill the various county offices who could and would faithfully perform the duties devolving upon them, and assuring them that in such performance their officers would be sustained and supported by the State authorities.
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345
HISTORY OF BENTON COUNTY.
AN IMPORTANT ELECTION.
The re-establishment of the court in June, and the election in August, 1851, mark the commencement of a new era in Benton County. By Chapter 15 of the Code of Iowa, approved February 5, 1851, the Board of County Com- missioners was abolished, and the office of County Judge created. The County Judge was invested with "the usual powers and jurisdiction of County Commis- sioner and of Judge of Probate, and to be elected at the first election holden in August after the statutes had been in force thirty days." At the August clec- tion, the ordinary political issues were ignored. A majority of the people were determined that law and order should supplant the reign of terror that had prevailed during the "dark ages," and that horse thieves and desperadocs should no longer rule, and the anti-horse-thief party triumphed by a handsome majority.
The county had been organized five years, and it will be interesting to com- pare the abstract of votes with that of 1846, as follows :
For County Judge-John S. Forsyth received 75 votes ; D. S. Baker, 46. For Treasurer and Recorder-J. P. Cline received 36 votes; James John- son, 76; William Cline, 3.
For Sheriff-William Remington received 39 votes ; C. C. Charles, 76.
For County Supervisor of Roads-L. F. North received 22 votes ; James Rice, 62; Samuel Osborn, 28; James Downs, 1.
For Coroner-H. Mahan received 57 votes ; L. D. Bordwell, 22.
For District Clerk-G. W. Vandaman received 78 votes ; J. F. Beckett, 19.
For Prosecuting Attorney-William Cline received 3 votes ; John Alex- ander, 2; J. E. Vandaman, 5; J. J. Sanders, 5.
For County Surveyor-I. D. Simison received 56 votes ; John Shawver, 36. It may be well to give one or two incidents connected with the " dark ages," not only to show how horse thieves were treated, but to indicate that the election of 1851 was by no means the final end of the trials of the Benton County people. These were published in substance in a brief history of Benton County in 1868 :
One Berry Way and an associate, two reckless desperadoes, took two horses from Mr. Lebo, of Linn County, in the early part of May, 1851, and sold one in Iowa, which Mr. Lebo traced and recovered. The other was taken to Wisconsin, to which Mr. Lebo traced them and recovered possession of the second horse.
Way then stole two horses from some peddlers They followed him, and, being overtaken, he dismounted and concealed himself in the woods. He was fired upon several times but man- aged to escape unharmed, the horses being recovered by their owners.
Ile then went to Clayton County, stole a span of horses and " lit out " for Benton County with them, and, being detained by high water, with a determination worthy of a better cause, swam the streams with both horses. He managed to reach the house of Moses Bates, in Black Hawk County, and remained concealed there several days.
The Sheriff of Clayton County, learning that Way was through that section, naturally suspected him, and, with four men, started for Benton County, directing their steps to Hoosier Point ( Marys- ville), their sudden appearance there creating no little excitement. Upon making his mission known, however, he was soon provided with all necessary assistance. A systematic seonring of the country was then inaugurated, and a division of the party was made, one starting for Bear Creek and the other in another direction, gathering assistance as they proceeded. The water at this time was very high, and they were under the necessity of fording the creeks, one party being compelled to pass the whole night in their wet clothes : the other party, however, were more suc- cessful, for they found Berry Way at his father's, with one of the stolen horses. Arresting him, they proceeded to take him before a Justice of the Peace. On their way, they endeavored to elicit from him what he had done with the other horse, but no satisfaction could be gained. These hardy frontiersmen, however, were not to be trifled with. and they at once proceeded without ceremony to strip him and try the virtue of " hickory oil," as an " inducer." The effect was magical. The defiant and non-communicative horse purloiner of the moment before was changed "in the twinkling of an eye" to the supplicating confessor, and gave the desired information
346
HISTORY OF BENTON COUNTY.
with alacrity, stating that he had left the other horse at the house of Moses Bates, in Black Hawk County; whereupon, the Sheriff, with his posse. went on to Bates' house, the remainder of the party remaining to escort the prisoner back. Upon arriving at the house of Bates, the Sheriff ยท demanded of him the horse, but he ( Bates) denied all knowledge of the same, and tried to in- duce them to return, by saying that if any such horses had been that way he would have seen them. His wife, who was standing behind the door, here made signs to the party to go on, and upon their starting Bates toll them that it was useless, they could not cross the stream north of his place. The woman. however, as soon as an opportunity presented itself, told one of the party that if they would not tell anyone where they got their information. she would direct them to the horse. This they readily promised, whereupon she informed them where the horse could be found. and that Way had been there and remained several days. The party at once proceeded to the thicket, as directed, and there found the horse as Way had informed them. After secur- ing the horse, they returned to the house, but Mr. Bates was not there. The party waited and soon had the pleasure of seeing Bates and his son approach, but this time armed with guns. With this, the Sheriff produced his revolver and leveled it at father and son, which caused their courage to drop, and with it their guns. The officer then demanded the return of the saddle taken from the horse. Bates offered to lead them to the place of its concealment, and the crowd followed him, but no saddle was there. This so exasperated a Dutchman, who was with the party, that he suddenly threw a rope around Bates and bound him to a tree, and proceeded to apply the " hickory " with a vigor that was only equaled by the vehemence of the words, "Tam tief ! Tam tief !" which were jerkingly ejaculated by the Dutchman, between the blows. Bates' body was black and blue for weeks after this event.
The party then returned. overtaking the others. Way was then transferred to the Sheriff, who took him to Elkader, where he was tried, convicted and sentenced, by Hon, T. S. Wilson, to one year's confinement in the penitentiary. After having been there for some time, he attempted to get into the confidence of one of the keepers, who allowed him to believe he was his friend. Way then wrote home and told his people that if they could raise him $100, he could get out. His mother raised the money and took it to him. Way then told the jailer . that if he would let him escape, he would give him the $100. The jailer took the money, and as soon as court met took his prisoner into court and laid the matter before his Honor. T. S. Wilson, telling him of the bribe money, and asking what to do with it. The Judge ordered that the money be ex- pended in defraying the expenses of Way's trial. Way was taken back to prison, but grew. morose and desperate, and finally broke jail, having never been heard of since.
Connected with the history of this "dark age " was an event which occurred on the 6th of February. 1852, at Fremont-now called Vinton-it being the trial of four of its citizens who had assisted some time before in the arresting of a thief :
A man of the name of John Adams, from Illinois, came to Benton County, having stolen two horses there. He was followed by the owner, S. Raber, with four other men, who, upon arriving at Hoosier Point, called for assistance, which was readily granted by three young men volunteering from that place. They proceeded to Fremont, and arriving there about night and learning that Adams had been there, but had just left, and fearing their "bird " would escape, at once renewed the search, assisted by another young man from Fremont. They soon succeeded in finding his tracks in the new-fallen snow, and, upon exami- nation, found he was occasionally turning, turning round to look back. The company then divided into small parties, and when about seven miles from town
succeeded in capturing the thief. The next day, he was taken by Mr. Raber and his party to Illinois, where he was examined and tried and eventually in- dicted and tried, but got clear. He then returned to Benton County, and pro- curing the assistance of John Alexander, swearing out warrants for the whole nine men who had captured him, charging them with " kidnapping and lynch- ing him." The four living in Benton County gave bonds for their appearance on the 6th day of February, 1852. The day having arrived, the parties appeared : John Alexander, for the prosecution ; Messrs. Smyth & Preston, of Marion, for the defense. The case caused considerable excitement, and people from all parts of the county assembled around 'Squire Mahan's house long be- fore the hour of trial-many of them strangers. It is asserted by some that as many as 200 people were present. Court was at last called and the prison-
.
347
HISTORY OF BENTON COUNTY.
ers arraigned, entering their plea of " not guilty." The attorneys for the de- fense then moved to quash the indictment, on the ground that it contained too many counts, which motion, after being argued at great length, was finally sus- tained by the Court and the young men discharged, much to the satisfaction of the crowd, as was evinced by the hearty cheering which immediately followed the decision.
But, if the reforms desired did not come all at once, they came, nevertheless. When it became unsafe to steal their neighbors' horses, the gang adopted a new dodge that worked for a time. They stole from each other. One would take a horse, run it off and sell it, informing the owner of course, to whom he sold it, and dividing the proceeds with him. With a great show of search for the stolen animal and the thief, in due time the owner would find his horse and claim him. This, however, became so unsafe for the operator that it was finally abandoned about 1854.
At the commencement of a new era in the history of the county, before proceeding farther, it may be interesting to note some incidents not hitherto mentioned, which are without date.
There is one peculiarity to be noticed : that many of the early settlers, as is usually the case in a new country, were addicted to the use of intoxicating liquors, and when two or three were gathered together the "jug" was forth- coming, and they were bound to have a good time.
Among those who held commissions of Justices of the Peace, in carly times. were L. D. Bordwell, L. W. Hayes, Charles Cantonwine, Thomas Mahan, David S. Brubaker, W. C. Smith, John Royal, Elijah Evans, James Rice, Samuel Os- born and others; and Justices' Courts were peculiar institutions, and some of their proceedings were amusing. The following, for instance, has the merit of being literally true as well as amusing, and occurred as late as 1853:
AN EARLY JUSTICE COURT.
One Mr. B -- having run away with another man's wife. the parties were pursued. B. was captured and brought before 'Squire Brubaker, who, after due preliminaries, proceeded to try the cause of " The People vs. B." The wit- nesses and attorneys, however, not being on hand, the 'Squire. prisoner and Sheriff played cards and drank whisky.
After some delay, the parties appeared-John Alexander for the State, and Dr. C. W. Buffum and James Wood, Esq., for the defense. The case was called ; and. upon the appearance of each witness upon the stand, the counsel for the defense would object to them on the ground that they were incompetent. being two-thirds drunk, and the Justice would exclaim, "Sit down, G-d d-n you !"
The case had proceeded about half-way through, when the worthy 'Squire. thinking it somewhat dry, called for liquor ; but the jar was empty. He arose. staggering, to his feet, and delving his hands down into his capacious breeches- pocket, produced a quarter, with the exclamation, " I (hic) go-goes a quar-(hic)- quarter; who else (hic) goes a quar-quarter ?" Upon being remonstrated with. he rose, and in all his dignity exclaimed, " Gentlemen, this case has proceeded far enough without liquor, and by G-d I adjourn this court until we have had some whisky."
After indulging again from the noted jar, which was replenished by the defendant, the case proceeded. The attorneys for the defense had been having their own way, when a witness was produced on the stand whose evidence would have proved fatal to their client. and one who had not indulged in the flowing
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HISTORY OF BENTON COUNTY.
bowl. They then used a stratagem worthy of a better cause. Taking the prisoner into an adjoining room, his counsel told him to come out and confront the 'Squire, shake his fist at him and tell him as follows: "'Squire, I have heard you have said you would send me to jail anyhow ; now, by G-d, you do it ! "
The worthy magistrate was amazed. This was too much for his royal dig- nity. Slowly rising, he turned to the prisoner, with the exclamation : "You go to h-1!" At this, the prisoner started for the door, when the Sheriff inter- cepted his farther progress, and demanded of the Judge what he should do with the prisoner, when the still excited magistrate belched forth, "G-d d-n him ! take him to h-1 for all I care."
The Sheriff took his prisoner a short distance, and then returned to the court, saying, "'Squire, you told me to take the prisoner to h-1; we are as near that place as I want to get. Prisoner, you are discharged."
It is to be added that Mr. Wood, who appeared as counsel for defense in this case, was then working at his trade-blacksmith-in a shop on the bank of the river, the site of which is now a part of the river bed. Mr. Wood, who .
still resides in Vinton, says that the above statement is substantially truc; and adds that it was by his advice that the witnesses and Justice were fully plied with liquor, as he saw that was the only chance for escape his client had.
It is not to be inferred from the above that all the magistrates in the county held similar courts, or indulged in driking to that extent while " on the bench."
HE'S A DECENT MAN.
It is related that at one time, John Kelsey, Esq., then a resident of Cedar Rapids, while on his way through the sparsely settled country, to Fremont, passed the house of Joseph Sanders. He saw a lad in the yard and reined up, when the following dialogue took place :
Stranger .- " Well, my good lad, who lives here ?"
Boy .- " Dad and marm."
Stranger .- " Oh ! Um ! Yes, my little man, but what are their names ?"
Boy .- " Joe and Nance, sir."
Stranger .- "Yes, yes, I know; but what are their surnames ?"
Boy .- " Marm haint got no surname."
Stranger .- " Pretty good, my little fellow. But where is your father ? Is he at home ?"
Boy .- " No sir; he's gone up to ther county seat, ter th' election."
Stranger .- " To the election ? Oh yes. Well, my little man, is your father a Whig ?'
Boy .- "No sir ! Dad's a decent man !"
Kelsey went on his way.
THE NEW REGIME.
With the election of August, 1851, the system of County Commissioners terminated. Upon assuming the duties of County Judge, Mr. Forsyth discov- ered that the finances of the county were in a deplorable condition. The county was flooded with warrants, which had been issued without much "regard to expense," since Way and his associates had "turned over a new leaf," and commenced anew ; nor was there any record of them. Nobody knew the extent of the county's indebtedness.
But no sooner had the affairs of the county begun to assume definite shape, under the skillful and energetic management of Judge Forsyth, than the officers
349
HISTORY OF BENTON COUNTY.
were startled by the large number of warrants that were presented for pay- ment. They were presumed to have been legally issued ; and if so, they must be paid. There was no escape, as there was no proof that a single warrant had been illegally issued. They were therefore paid and canceled as rapidly as the resources of the county would permit. The revenue, however, was very small, and the constant drain kept the county, as such, in very straitened cir- cumstances for several years ; and it was not until about 1854 that the affairs of the county had assumed any very tangible shape, and commenced to im- prove.
It is to be remarked, to the credit of Judge Forsyth and his successor, Judge Douglas, that Benton County owes much of its subsequent prosperity to their indefatigable and energetic efforts to bring order out of chaos, and to estab- lish firmly and permanently the reign of law and order, without which no com- munity can be prosperous and happy.
GROWTH OF THE COUNTY.
From 1851, after the inauguration of the new system and the energetic efforts to put a stop to the outlawry and horse thieving, the county began to increase rapidly in wealth and population, which is clearly seen from the follow- ing table, showing the population from 1846 to 1870 :
Year.
Popula'n.
Year.
Popula'n.
1846
295
1859
8,063
1847.
312
1860.
8,496
1850
637
1863
9,561
1851
753
1865.
11 245
1852.
1,237
1867.
14,772
1854
2,623
1869
19,440
1856
6,217
1870,
22,213
TOWNSHIPS AND ELECTIONS.
From 1851 to 1863, there are no records accessible to show how or when the several civil townships, as they now exist, were created ; nor are there any election records during that time within the knowledge of the present county officials, or accessible to the historian. There were at least four civil town- ships created by the County Commissioners, viz .: Canton, Polk, Taylor and Harrison.
In 1855, there were ten, and in 1860, twenty civil townships. All except those above mentioned were undoubtedly created by order of the County Court ; but the Judge's "minute books" contain no record of such action, and letters addressed to the several Township Clerks, requesting information from their early records. relating to the formation and organization of their respective townships, failed to elicit replies, with one exception, that of Wm. H. Ehred, of Le Roy.
The lack of election records is partially made up from other sources, so far as relates to the succession of county officers.
A CLAIM " JUMPER " DISCIPLINED.
It was neither a safe, profitable nor honorable business to enter land on which another had a claim, in Benton County, in early times. In 1851, one Alfred Moore had settled near Fremont. He was anxious to obtain all the land he could. and entered it without regard to claims. He had thus "jumped " claims belonging to S. K. Parker, L. D. Bordwell and Joseph Strawn. This was more than the pioneer sense of honor could endure, and it was determined
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HISTORY OF BENTON COUNTY.
that the erring member of the body politic should be "disciplined." Accord- ingly, on the night of August 8, 1851, a bright moonlight night, two men called at Mr. Moore's house, representing that they had lost their way and wished him to show them the right road. Unsuspicious of danger, Mr. Moore fell into the trap and started to show the strangers the way. While passing through a corn field, he was suddenly seized and taken to a neighboring tree to which he was securely tied, after being stripped. The leader, Capt. Hollen- beck, asked him some questions, but he was not disposed to comply readily, when Dan. Richie and Ed. Johnson endeavored to induce him to answer by the vigorous application of hickory to his bare back. After he had been punished sufficiently, his wounds were dressed with tar, over which a quantity of feathers were shaken to hasten the healing process. Mr. Bordwell, who was a witness on the occasion, says, "when they got through with him he was as pretty a looking bird as you ever see." Doubtless he was, although not quite so joyous as some. After this surgical operation was completed, he was untied, the pan which contained the tar was put on his head and he was given three days in which to produce the entry papers and assign them to their proper owners. Moore very wisely complied within the time specified, but entered complaint against his persecutors ; a warrant was issued, and John Hollenbeck, Daniel Richie and Orson Bogle were arrested on a charge of assault and battery, and brought to Fremont for trial. Bogle, who was not present at the whipping, was put on trial first, and was acquitted. This discouraged the prosecutor, who abandoned his charges against the others who were there, and made the best time he could out of town, doubtless fearing if he remained too long that he might be compelled to "hug another tree."
THE FIRST COUNTY COURT.
The first entry made in the County Judge's "minute book," which is all the record of County Court proceedings to be found, is the following :
Be it remembered that on the - day of August, A. D. 1851, John S. Forsyth produced the Clerk's certificate of election to the office of County Judge, and took an oath to discharge the duties of said office according to law.
The first recorded act of Judge Forsyth was the issuance of a marriage license, as follows :
Now, on the 19th day of August, A. D. 1851, the Treasurer's receipt was presented, for one dollar, for a licence to authorize Lewis Furgeson and Rachael Phidela Jewel to be joined in marriage, and Thomas L. Furgeson, the Father of said Lewis, being present, gave his free con- cent for the licence to issue. A certificate was produced from David Jnel, the father of said Rachael Phidela, giving free concent that the licence should issue; witnessed by Edward and Henry Juel, and sworn to by Henry Juel, and said licence was issued.
JOHN S. FORSYTH, County Judge.
The next entry is the marriage certificate of the parties above named, as follows :
And now, on the 8th day of Sept., 1851, Samuel Osborn, A Justice of the Peace, made the following : Benton County, State of Iowa, 1, Samuel Osborn, an acting Justice of the Peace in said county and State of lowa aforesaid, I do hereby certify that I did join in marriage Lewis Furgeson, aged nineteen years, and Rachael Phidela Juel, aged seventeen years, both of the county aforesaid. The above marriage was solemnised Aug. 24, 1851, at the house of David Juel, in said county, Marysville.
Benton Co., lo.
Signed SAMUEL OSBORN, J. P.
The above was filed September 10, 1851. JOHN S. FORSYTH, County Judge.
This is the first marriage recorded in existing county records. The records of previous marriages, if any were made, are not to be found. The second
351
HISTORY OF BENTON COUNTY.
marriage license was issued by the County Court, January 16, 1852, author- izing the marriage of Duff C. Barres, known to the Judge to be over the age of 21 years, and Lorena Denison ; Jacob Denison, the father of Lorena, giv- ing his free consent. January 29, 1852, filed the following certificate for record, viz .:
STATE OF IOWA, BENTON COUNTY, SS : I hereby certify that Mr. Duff. C. Barrows, aged 35 years, and Lucinda J. Denison, aged 15 years, were duly joined in marriage at the house of Mr. Jabob Denison in Benton County, Iowa, on the 18th day of January, A. D. 1851, by me,
CHARLES D. GRAY, legally authorized minister of the Methodist Protestant Church.
Marriage license was issued to Bernard G. Speak and Mary A. Rouse, Feb- ruary 6, 1852-married February 8, by Elijah Evans, Justice of the Peace : and to William Helms and Lucinda Wayman, February 10, 1852-married by Samuel Osborn, Justice of the Peace, February 11, 1852; Westley Denison and Nancy Ferguson, January 5, 1852-married by Samuel Osborn, January 18, 1852; Isaiah Cue and Mary Hannah Davis, February 19, 1852 ; Hiram T. Epperson and Harriet Roswell, February 28, 1852-married March 3, 1852, by Rev. Charles N. Moberley ; Franklin F. Bryson and Sarah Elizabeth Cox, March 22, 1852 ; Henry F. Brysen and Sarah E. Cox, married March 23, 1852, by James Rice, Justice of the Peace; Eli Cue and Margaret Malinda Spurgin, April 1, 1752-married by W. R. Johnson, same day.
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