USA > Iowa > Black Hawk County > The history of Black Hawk 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 > Part 39
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September 9, 1856, the County Court ordered an election to be held on the 10th day of September, to decide whether the county should take $200,000 stock in the Dubuque & Pacific Railroad, at that time being agitated. The election was held and resulted in the affirmative, whereupon the company agreed to pass through the county via Waterloo and Cedar Falls, making their stations within one mile of the center of said towns, and to cross the Cedar River at or near the village of Waterloo. The agreement was signed by J. P. Farley, President. For some reason, this contract was not consummated; the bonds were printed, but the County Judge refused to sign and issue them, and the line of the road was afterward changed to its present location.
January 19, 1856, George Bishop, S. P. Brainard and George H. Bemis, practicing attorneys of Illinois and New York, were admitted to practice in the courts of Iowa.
September 22, 1856, Nathaniel Huntington, from Indiana, and James S. George, from Illinois, were admitted to practice in Iowa Courts.
March 23, 1857, William J. Ackley, from New York, was admitted to practice ; also Mr. Lannbard, D. J. Coleman, and Sylvester Bagg.
By the apportionment of 1857, Black Hawk County was made the Sixth Representative District, entitled to one Representative.
January 28,1857, James M. Noble, of Delaware; H. B. Martin and John F. Duncan, of Webster, were appointed to locate a State road from Cedar Falls, via Webster City and Fort Dodge, to Sioux City.
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HISTORY OF BLACK HAWK COUNTY.
On the 6th day of July, A. D. 1857, Andrew J. Yancey was shot and killed by Jacob Harmon, while holding his plow, in Spring Creek Township. On the 20th of October, the grand jury, George Ordway, foreman, presented a true bill of indictment against Harmon. October 22d, the accused was arraigned and pleaded not guilty. The prosecution was conducted by Sylvester Bagg, J. M. Preston and S. W. Rawson, and Newton & Brainard, George Bishop and Pierce appeared for the defense. The jury was composed of John Hackett, J. M. Benjamin. O. O. St. John, J. L. Alline, S. R. Crittenden, James Merwin, Charles E. Balkeour, William W. Wiswall, Randall Churchill, Augustin Beau- cham, George P. Pratt and Charles Singleterry. After a patient hearing, on the morning of October 24, the jury returned a verdict of "guilty of mur- der in the second degree." A motion for a new trial was overruled, and Harmon was sentenced to be confined in the Penitentiary at hard labor for a period of eleven years.
The first divorce decreed was in the case of Eliza Barber vs. Orson Barber, October 21, 1857.
July 21, 1857, Francis B. Davison, Assignee of G. M. Tinker, filed his account of extra work done on the Court House, to the amount of $2,745.98.
UNION TOWNSHIP.
February 1, 1858, on petition of Randall Churchill and others, it was
Ordered, That that part of Township No. 90 north of Range 14 west, in said county, which lies west of the center of the main channel of the Cedar River, be set off and become a separate town- ship for all the purposes for which civil townships are organized in the different counties of this State, to be known and designated by the name of Union Township, and bounded as follows : Com- mencing at the northwest corner of Township 89 north of Range 14 west, thence running east on the township line to the center of the main channel of the Cedar River ; thence up the said river on the line of the center of the channel thereof to the forks of the same ; thence up the center of the main channel of the east branch to the north line of said Township 90, Range 14; thence west on the said township line to the northwest corner of Black Hawk County ; thence south on the west line of said county the place of beginning; and that the first election in said Union Township be held at the school house in District No. 3, at the usual time of holding the April election, 1858, and that a warrant be issued to John Hackett for the notice of said election.
At the election under the above order J. A. Webster, D. G. Jones and James Bennett were Judges, and Albert E. B. Lamb, Clerk of the election. J. D. Gilkey and Randall Churchill were elected Justices of the Peace; N. S. Bails, Township Clerk ; Harrison Newell, Constable.
August 9, 1858, on petition of Benj. Knapp and others, the County Judge ordered the records in relation to the division of Washington and Union Town- ships corrected so as to stand dividing said townships by the center section-line running north and south.
BENNINGTON TOWNSHIP.
February 1, 1858, on petition of Nathan Harwood and others, of Lester Township, praying for the setting-off and organizing of Township 90, Range 12, which was then a part of Lester, it was
Ordered, That the prayer of said petitioners be granted, and that said Township No. 90, Range 12, be organized into a separate and distinct township of the said Black Hawk County, for all the purposes for which townships are organized in the several counties of the State of Iowa ; that the same be known and designated by the name of " Bennington Township," and that the first election therein be held at the house of B. G. Updike, at the usual time of holding the April elections, A. D. 1858, and that a warrant be issued to B. G. Updike for the notice of said election.
At this first election, the Judges were Samuel Buck, Charles M. Bower and Thomas S. Thamer; the Clerks were Isaac K. Vanderberg and Harlan P.
1
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HISTORY OF BLACK HAWK COUNTY.
Homer. Thomas S. Homer and John E. Burlaw were elected Justices of the Peace ; Isaac K. Vanderberg, Clerk; Hiram E. Bundy and Daniel Faulkner, Constables.
EAGLE TOWNSHIP.
March 1, 1858, on petition of Owen McMannus and others, Eagle Town- ship was organized, with boundaries as follows : Commencing at the northwest corner of Township No. 87, north of Range 12 west ; thence running west along the township line, between Townships 87 and 88, to the northeast corner of Township 87 north, Range 14 west ; thence south along the township line between Townships 88 and 87, to the southwest corner of Township 88 north, Range 14 west ; thence east along the county line between the counties of Black Hawk and Bremer to the southwest corner of Township No. 87 north, Range 12 west ; thence north to the place of beginning.
The first election was ordered at the house of Calvin Eighmey. At the usual April election, 1858, the warrant was issued to Owen McMannus. At this election, N. P. Camp, C. W. Eighmey and Michael Mitchell were Judges. and Owen McMannus, Clerk. N. P. Camp and M. Mitchell were elected Justices of the Peace ; O. McMannus, Township Clerk ; and James Sheon and Joseph Millage, Constables.
The burial ground on Section 7, containing one acre, was donated for this purpose in 1874 by Wm. H. Thompson and wife. The neighbors generally contributed for fencing, etc., which was done November 18, 1874. William P. Thompson, P. B. Ross and Peter McNally are the Trustees. Up to August, 1878, only three graves have been filled, which indicates a very healthy neighborhood.
At the term of the District Court, March 12, 1858, William Pattee was admitted to the bar.
March 13, Sylvester Bagg, Esq., introduced a series of ninety-five Rules of Practice in the District Court, which were adopted by the Court. On the same day, the Court appointed William H. McClure Prosecuting Attorney in place of William Haddock, absent from duty. The grand jury returned a true bill of indictment against Haddock for willfully neglecting his duty as prosecuting officer. The defendant was arrested and brought into court, asked for a contin- uance and resigned his office; whereupon the Acting Prosecuting Attorney, McClure, entered a nolle pros.
September 13, 1858, Samuel Owens was admitted to practice.
April 25, 1859, Joseph Taylor was indicted for passing counterfeit money, tried and found guilty.
FOX TOWNSHIP.
May 3, 1858, Fox Township was set off from Spring Creek Township by the County Court, in answer to the petition of A. B. Mather and others, being Congressional Township 88 north, Range 11 west, and the place of holding the first election, the house of Theodore L. Williams ; the time, at the usual April election, 1859-afterward changed to October, 1858.
At the first township election, in October, Andrew Murphy, Aaron L. Burgess and C. W. Corwin were Judges, and A. B. Mather and Silas I. Pettit, Clerks. A. B. Mather and M. S. Oxley were elected Justices of the Peace ; Lewis Shroyer and C. W. Corwin, Constables; C. W. Corwin, Township Clerk ; S. I. Pettit, Assessor. It is supposed that Stephen Howell, from Indiana. was the first to settle in this township, locating in the southeastern part. His son. James Howell, was the first child born in the township.
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HISTORY OF BLACK HAWK COUNTY.
The first breaking was done on the southeast quarter of the southeast quar- ter of Section 36, in the Fall of 1852. It was done with three yokes of oxen, by Henry Gray, Stephen Howell and Peter Cox.
The first school house was built on the northwest corner of Section 36, about 1856. The building was of logs : contract price, $110.
The first sermon was preached by Rev. Stephen Howell in the log school house in the Spring of 1857. A Methodist Class was organized in 1869 by Rev. W. H. Holland, with a membership of twenty-six.
EAST WATERLOO TOWNSHIP.
May 5, 1858, S. P. Brainard presented a petition to the court, praying for a division of Waterloo Township by a line running along the channel of the Cedar River, and that the eastern part thereof be organized a new township by the name of Wellington. The matter was laid over, however, until the July term, when the Judge ordered the question to be submitted to the people, to be voted on at the Court House the first Monday in August, 1858. When the people of the eastern part of the township petitioned, they doubted their ability to carry it; but when the day came for the election a rain had swollen the Cedar to the highest point, and not a man from the west side appeared to dis- turb or make afraid. Sixty votes were cast, all of them in favor of the division. The election was held on the first Monday of August, 1858. It was accord- ingly divided, and that portion lying east of the river was newly organized and named East Waterloo, and the first election thereof ordered to take place at the Court House on the second Tuesday of October, and a warrant was issued to A. G. Hastings, a Constable, to post notices therefor.
The election was held. O. E. Shipman, Myron Smith and Isaac Young were the Judges, and Charles D. Young and Morrison Bailey were the Clerks of the election. William Armstrong and William P. Bunn were elected Jus- tices of the Peace ; La Fayette Norris and A. G. Hastings, Constables ; Chas. D. Gray, Town Clerk ; Isaac Young, Assessor.
An now, to wit, on this 8th day of October, A. D. 1860, is produced from the files of this court the petition of John G. Park and others, asking for a division of Big Creek Township, in Black Hawk County, and the court being fully advised, ordered that the prayer of the petition be granted, and that all that part of Township 87 north, Range 11 west, in said county lying west and south of the Cedar River, and now forming a part of Big Creek Township, be detached from said Big Creek Township, and that it be and the same is attached to and made a part of Spring Creek Township for all the purposes for which civil townships are organized in the several counties of the State of Iowa, so that Spring Creek Township shall be composed of the entire territory of Township 87 north, Range 11 west, in Black Hawk County, State of Iowa.
THE CEDAR RIVER RAMPANT.
The season of 1858 is remarkable for the high water which prevailed in the Cedar. The Iowa State Register of July 24, 1858, said : "During the last few days, one of the most deluging rain-storms that have ever occurred West took place in the valley of the Cedar, which has had the effect of raising the river to a prodigious height. We learn from the Black Hawk County Democrat, printed at Cedar Falls, that the rain fell during one night in sheets, and at day- light the sluiceway across Main street was found to be unable to carry off the water which fell in the upper part of the town. It burst over the street and finally found its way by Fourth and Fifth streets to the river. The amount of damage is estimated as high as $1,500. The cellars in that neighborhood were all filled, and the fences and out-houses along the path of the torrent were all swept away. The foundation wall of Mr. Bishop's store caved in, and the wall
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HISTORY OF BLACK HAWK COUNTY.
of Messrs. Fox & Henry's new building lost its perpendicularity. The bridge over Dry Run went off, and that portion of the village known as Germantown was entirely submerged.
At Cedar City the water overflowed the town and swept away a two-story building, which was seen sailing down the river at Waterloo.
At Waterloo about 200 feet of the embankment of the Dubuque & Pacific Railroad was swept away, and the water poured in torrents through two of the ravines on the west side, making havoc with wood and lumber piles, and inun- dating the lower portion of the town. Below Waterloo, the river overflowed its banks for a wide extent.
Two weeks after the first freshet, another heavy storm occurred, which created a higher freshet than before; and two weeks later, still another flood occurred.
July 19, 1858, two young ladies-Miss Case and Miss Cusen-were drowned in the river at Waterloo. On the 20th, James Dyer was drowned in the bayou near Cedar City, and a man was drowned while attempting to cross the river at Gilbertville, about the same time.
RAILROAD CONVENTION.
In 1858, the people of the Cedar Valley were much agitated by the various railroad projects presented to them, and nearly every scheme met with favor. Among others was the building of a road from Cedar Rapids up the valley of the Cedar to Minnesota; and on the 15th of July, 1858, a Cedar River Valley Railroad convention was held at Waverly, Bremer County, which continued in session two days. A large number of delegates from Black Hawk, Linn, Benton, Floyd, Chickasaw and Mitchell Counties were in attendance, and L. B. Crocker, President of the Chicago, Iowa & Nebraska Railroad Com- pany, was present to give proper direction to the deliberations of the con- vention.
Judge Maxwell, of Bremer County, was President of the convention. Among the Vice Presidents were Morris Case and William H. McClure, of Black Hawk, and Robert Gilchrist, of Benton. Among the editors selected for Secretaries were W. W. Harford, of the Vinton Eagle, and W. W. Had- dock, of the Waterloo Register.
A Committee on Resolutions reported in favor of the organization of an independent company, composed of stockholders and Directors along the line of the road; also for the commencement and completion of the road as soon as possible. During the discussion of this report, the delegates from Cedar Falls presented a proposition for the junction of the Cedar Falls and Minnesota with the Cedar Valley project, and labored hard to effect their purpose; but the convention flatly refused to enter into any such arrangement, and determined to make the Cedar Valley Company entirely independent, and to run their line upon the straightest and most economical line from Cedar Rapids to the State line, crossing the Cedar River at Waterloo; thence to Janesville, leaving Cedar Falls to the left, on the west side of the river.
Articles of incorporation were drafted and adopted, and a Board of Directors elected, among whom were Sheldon Fox and George W. Couch, of Black Hawk ; J. C. Traer and Alex. Runyen, of Benton; L. B. Crocker, of New York ; Charles Walker, William J. McAlpine, of Chicago, and Franklin Steele, of Minnesota. The Board of Directors elected L. B. Crocker, President ; W. P. Harmon, of Bremer, Vice President ; S. C. Bever, of Linn, Treasurer ; W. W. Walker, Secretary, and Milo Smith, Chief Engineer.
349.
HISTORY OF BLACK HAWK COUNTY.
The editor of the Waterloo Register, in the report of this convention, said : " By this it will be seen that the railroad policy of Cedar Valley is definitely settled, although we have no doubt it will be some time * * * before we shall have the pleasure of riding over the road. But * * it is to be built sometime, and upon the air-line principle as nearly as may be. Much will depend upon the people along the Valley, as they are to grade and tie the road themselves, without any assistance from abroad."
STEAMBOAT NAVIGATION.
In 1858, a steamboat of about one hundred tons capacity was built by citi- zens of Cedar Rapids for the Upper Cedar traffic, and named the " Black Hawk." That year is noted for the extreme high water, and almost all the- season the Cedar was high enough for steamboat purposes. A boat was already running down the river from Cedar Rapids, and the intention was to con- nect with it there, although the freight had to be transferred on account of the dam.
On the 8th of October, the " Black Hawk " made its appearance at Water- loo amid the wildest excitement of its citizens, who fired salutes, ran up flags, and made other demonstrations of joy. The first landing was effected down be- low the island, and subsequently the boat was moved up to the bank near the livery stables. The boat was a stern-wheeler, with J. J. Snouffer, of Cedar Rapids, as Captain, and the first trip up was of several days' duration, as ob- structions had to be removed from the channel, and frequent stoppages were made to procure wood, etc.
On the day following his arrival, Capt. Snouffer gave a free excursion to the citizens for a trip down the river. In the evening the citizens returned the compliment by giving the Captain and the officers of the boat a grand banquet at Capwell's Hall, at which were speeches, toasts, responses and congratulations, and, presumably, the good cheer induced dreams of a custom house here, with direct trade established with all European ports.
The news of the arrival of the steamboat excited the citizens of Cedar Falls almost as much as those of Waterloo. The dam across the river at the latter place, however, was an effectual bar to any advance up the river, and the peo- ple of the former town did not relish the idea of having Waterloo stand at the head of navigation. Delegations were sent to interview the Captain, and strong threats were made of tearing out the dam and raising Cain generally. But the Captain made a trial trip, with Andrew Mullarky, of Cedar Falls, at the bow to point out the way, and after spending several hours, it was demonstrated that the boat could not even reach the dam, and the citizens up above had to relinquish the idea of being a port of entry.
Two or three trips were made before the close of navigation, and the boat was a great help to the town. Salt, which had formerly been sold at $8.00 per barrel, with only fifty cents profit, dropped down to $4.00, and other bulky ar- ticles in the same proportion. Freights from Chicago were reduced to seventy cents per hundred, which was very low for that time. Waterloo became the headquarters for the salt trade for all the points north and west.
In 1859, trips were resumed and continued until the water got so low that it was impossible to make the ascent. The last trip the boat had to be unloaded at Gilbertville and her cargo then hauled by wagon to Waterloo. The boat was afterward taken back to Cedar Rapids, and what became of it is not known in this locality.
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HISTORY OF BLACK HAWK COUNTY.
THE LAST INDIAN COUNCIL.
The last meeting of the Indian tribes in this vicinity was on the 5th of Au- gust, 1858. Little Priest, a Winnebago Chief, with his band, had arrived at the forks of the Cedar late in July, and sent a messenger requesting the Potta- watomies to meet him. The Pottawatomies arrived opposite Janesville, and were ferried over, the river being very high. The Pottawatomie braves formed in battle array less than a mile north of James Newell's house, and marched toward the Winnebago tents in a column twelve deep, breaking into a circle every hundred yards, and firing their guns and beating drums. When they reached the Winnebago camp, they fired a salute and dismounted, the squaws taking care of the horses. A great feast was then served in a bower erected for the purpose. That night the Indians had a dance, witnessed by many of the white settlers. The next morning a council was held in the bower, which lasted about an hour, followed by a speech from Little Priest, about twenty minutes long, followed by the pipe being lighted by the Potta- watomie Chief, who passed it to Little Priest, and it went from mouth to mouth all round the tent. A lot of goods were then distributed. By this time nu- merous visitors had arrived from Waverly, Janesville, Cedar Falls and Water- loo, who asked to see a war dance, which the Indians refused, saying that they were to leave in half an hour. They packed up at once, and were all gone in the time announced.
LETTER FROM A WINNEBAGO.
While speaking of the Indians and their final disappearance from Black Hawk County, it may be well to remark that if the Indians never forgave an enemy, they seldom forgot a friend.
The friendship between James Newell and the Winnebagoes was never dis- turbed, except in 1847, when one of the Indians stole a horse from Newell and sold the animal to a man named Way, a noted character of Benton County. Newell allowed himself to be fooled by another Indian, who offered, if Newell would give him a horse pistol, a blanket and one or two other articles, to go down to Way's, steal the horse and bring him back. Newell let him have the articles, and the Indian came back, in about a week, minus horse, pistol, blanket, and his own property as well. He did not get the horse as he had promised, but had enjoyed a huge drunk in Benton County.
The following letter from Bradford L. Porter, one of the Winnebago Chiefs, to Newell is well worth reading, as it shows better than anything the historian can say the high regard the Indians had for this hardy, energetic pioneer :
MAY 25TH, 1864, WINNEBAGO AGENCY.
My Dear Friend-To James Newell . I received your letter the 24th of this month. I was very glad to hear from you. My family, they like to go back to your place now very much. I have been tell them I will try go back soon ever I get money enough to start with. You stated to me you wanted to know if we are going to remove again or not. I think we shall remove to Big Sioux River some time next Fall. We don't know yet what time it may be-may be not until quite late, and may be some time this Summer, soon we get our payments - money and goods. Soon we get our money and goods, we shall start all down the river. Let the Agent stay here alone if he can do better may be without us this Summer. Our Agent he is down below yet, waiting for the steamboat come up the river so to he put all his goods on, provisions and all, fetch all right up with him at once. The boats they can't do much now. Since last week river beginning to rise about two feet now. They say going to be fifteen steamboats come up on this river very soon now for the Government. I have nothing of importance to write to you this time. My family they all well now ; we are doing very good now, so far, my family and my brothers. I got my brother's wife in the school with me; I allow her forty dollars a month ; she can get plenty to eat now. The next time you write to me be sure find out about how all the people feel toward the Winnebagoes tribes about
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. HISTORY OF BLACK HAWK COUNTY.
coming to Big Sioux River, toward in your State of Iowa. If you think there is any danger for me coming back toward your place again, you just let me know how it go be. We can't live in this place, so we can't raise anything to eat. The Indians (the Sioux) they won't let our tribes hunt for one mile from agency, so all we got eat we get from Government. The chiefs they don't like it soon. The Winnebagoes got to no money and no goods, and can't live in to such country where can't raise no corn. I want you to see to the people how they feel toward how our father at Washington has to use us. I can't use to the whites people to any such way. Now I am going close. Give my respects to all your family, hoping see each other some of these days. You please send me some postage stamps if you got any ; we can't get any very easy ; since we got up the river too far one postage stamp cost to us twenty-five cents apiece. My dear, good friend, I will bid to you good-by to you. I hope God will bless you. BRADFORD L. PORTER.
Your good friend,
To James Newell.
By act of the General Assembly, approved March 26, 1860, the petty dukedoms created by the County Judge system that had been on trial for ten years, were abolished. The powers of the County Judge were restricted to the exercise of probate powers, and the government of the county was vested in a Board of Supervisors, consisting of one from each civil township, to be elected in October, and to assume the duties of their office in January following. The act went into effect July 4, 1860. The Supervisors were elected in the several townships at the October clection, and the first Board of Supervisors of Black Hawk met at the office of the Clerk of the District Court, January 7, 1861, and was composed of the following members, viz .: M. H. Moore, Waterloo Township ; C. F. Jaquith, Cedar Falls ; M. Bailey, East Waterloo; Jesse Wasson, Big Creek ; J. B. Orr, Spring Creek ; Levi Washburn, Poyner; S. P. Babcock, Orange; F. S. Tewksbury, Black Hawk; D. W. Jordan, Washing- ton ; H. P. Homer, Bennington ; Oscar Dunton, Barclay; D. E. Chapin, Fox; James Hempseed, Lester ; John Hackett, Union ; Gillson Gardner, Eagle ; J. H. Mead, Cedar ; Jefferson Jaquith, Mount Vernon. M. Bailey was elected Chairman.
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