USA > Iowa > Clinton County > The history of Clinton County, Iowa, containing a history of the county, its cities, towns &c., biographical sketches of citizens > Part 52
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The proceedings of the "Wapsie Rangers " were not fully concurred in by all of the people through the western portion of the county, and in 1857, soon after the hanging of Warren, the "Anti-Horse-thief and Protection Society " was organized at the Alger Schoolhonse. Its expressed object was to bring to justice all thieves and counterfeiters, and press their conviction before the courts of justice, and, also, to prosecute all unlawful acts of violence. A dep- utation was sent to confer with the vigilantes at Big Rock, and notice given of their aims and intents, and that their visits would not be tolerated, and that they proposed to maintain the objects for which they were organized.
No collision, however, occurred between the two factions; but, between the two, the country was cleared of the horse-thieves.
A story is told of Josiah Hill-familiarly known as Si Hill-one of the early settlers, and now living there at a hale old age. After the hanging of Warren, at the the instance of his sons, Monroe and Alfred, a warrant was procured for the arrest of Hendrickson, which was placed in the hands of a Constable, who called Si to his assistance. The arrest was made, and Hen- drickson taken to De Witt; but, giving the Constable the slip, he returned among his friends, who turned out in force, to intimidate those connected with the arrest. Mr. Hill was ont at Syracuse, a place then in existence on the Wapsie, west of Calamus, accoutered, as was his habit, with his rifle, single-barrel rifle-pistol and hunting-knife. As the band approached him, he accosted such as he knew in his jovial way, until they informed him of their errand, when he at once took fire, and defied the entire assemblage, informing them, that when- ever called upon by the proper officer to assist him, "he should go to do it." His quiet determination was sufficient to deter those men who knew of his fear- lessness, from any further attempt to intimidate him.
THE HANGING OF BARGER.
In 1848. William Barger deliberately killed his wife at Bellevne, Jackson Co., Iowa, by boring a hole through the fence and shooting her as she appeared at the door in the morning. The crime was a premeditated one and the people were greatly incensed. Under the plea that he could not have a fair trial in that county in consequence of the feeling against him, his counsel obtained a change of venue to Clinton County. At his first trial, the jury disagreed, and he was lying in jail at De Witt, under the charge of Sheriff Buchanan, awaiting another trial. At about midday, a party of men known as the "Iron Hill Vigilance Committee," rode into town heavily armed and unmasked, and in open daylight made an attack upon the jail. Sheriff Buchanan made a determined resistance with all the help he could secure, but he and his friends were overpowered. The Regulators then broke off the locks with sledges and placing Barger in a wagon awaiting, surrounded him with a guard of armed horsemen and proceeded to Andrew, the county seat of Jackson County. There they hung him on a tree known as "hangman's tree." No arrests were ever made of any of the participants in the affair,
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though they made no attempt to conceal their identity. The public sentiment seemed to be that justice had been done.
HANGING OF HINER.
The last criminal tried before Judge Lynch's tribunal in Clinton County was James Hiner, generally known as " Old Hiner." He had been a some- what notorious criminal, and was constantly engaged in horse-stealing. On the night of June 16, 1865, a horse was stolen from Mr. J. G. Smith, of Elk River. Hiner was seen and recognized while riding the horse through Jackson County the morning after the horse was taken. A requisition had been made by Gov. Stone upon Gov. Lewis, of Wisconsin, it having been ascertained that he was in that State. Armed with this authority, Sheriff George A. Griswold and Deputy Robert Hogle effected his arrest at Mt. Hope, Wis.
On the 2d of October, 1865, they reached De Witt with their prisoner, and placed him in jail to await the examination. On their return, while at Dubuque, he was fully identified as the man who brought a mare and two colts there and sold them, they having been stolen from Mr. C. Ryan, of Lyons City, where he kept a livery stable.
He had, where he lived, passed under the name of John Stanton, and professed to be dealing in Government horses. An indictment was also resting against him in Whiteside County, Ill., where he was wanted to answer for crimes committed.
On the night of October 18, at about midnight, Sheriff Griswold was awakened by a knocking at his door, and, upon responding to the call with the inquiry, " Who is it ?" was answered by the response, "It's all right." Thinking it to be a belated Constable with a prisoner, or the City Marshal with a culprit, he opened the door to find himself confronted by a dozen or more armed men, who quietly seized him, and. entering the room where there was a dimly-burning lamp, and while a part of the number took charge of the Sheriff, the others took the keys to the cells, which were lying on the table, and saying, " We want that man," went into the jail, unlocked Hiner's cell and took him quickly and silently out, and, placing him in a wagon in waiting out- side, drove rapidly away. Before leaving, they securely locked everything and left all other prisoners undisturbed. While but one wagon came to the jail, a large number of men with wagons were in waiting outside of the town until joined by their comrades with the prisoner in charge. As soon as Sheriff Gris- wold could raise an alarm and rally assistance, he started in pursuit of the Regulators, and made every effort to strike their trail, but without success. The question as yet was an open one, whether Hiner had been rescued by his friends or taken by his enemies for the purpose of summary execution. The Sheriff, however, upon his return from the northern part of the county, expressed his belief that Hiner had been hung and buried before daylight. Indeed, a citizen remarked to the Sheriff, " Old Hiner will never steal another horse. The job was well done."
But, in the following April, all doubt as to the fate of Hiner was set at rest by the discovery of his decomposed remains in Silver Creek, about five miles northwest of De Witt, by a little girl who was fishing in the stream.
The verdict of the Coroner's jury was, "strangled by persons unknown," and so ended the career of a life-long criminal, who had made it his business to prey upon the property of others until, incensed beyond measure, they, unjustifiably, as must be said, though perhaps not inexcusably, executed him. No arrests were ever made, nor effort to discover who were participants in the tragedy.
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HISTORY OF CLINTON COUNTY.
THE BEAVER ISLAND "WAR."
In the winter of 1842-43, there was burlesque war on Beaver Island. Albany had what was known as a town claim on the Island, whence the people took a great deal of wood, to which the people of Clinton County strenuously objected, claiming that it was on their side of the main channel, and the timber growing thereon belonged to them. Finally, to prevent further wood-cutting by Albany people, Deputy Sheriff Aiken, of Clinton County, with a strong posse, heavily armed, came down to the Island fully determined to expel the Albany wood-choppers, and take such energetic and complete possession as would prevent future trespassing. Couriers brought to Albany the news of this action of the Clinton County authorities, and, like angry bees from their hives, the people rallied, " not for their kingdom and crown," but to hold the fort of wood piles and timber at all hazards. Soon upward of fifty men, with a motley arm- ament of rifles, muskets, pistols, swords, pitchforks and other deadly weapons, including loaded bottles. crossed the river and succeeded in effecting a landing unopposed. The bravest marched boldly up to a big fire which had been kindled by the Clintonians, and on one side of which the latter had taken posi- tion. A remarkably large proportion, however, preferred scouting duty, and so, deploying as skirmishers, took to the bush instead of advancing within point- blank range of a fusillade from their adversaries. Orders were given in loud enough tones to have echoed from the back bluffs on both sides for these strag- glers to join the main body, but a pistol-shot, perhaps accidental, reduced the "'scouts " " to such a demoralized state that neither threats, orders or coaxing could induce them to change their tactics of ". bushwhacking." What the result would have been it is hard at this late day to determine, had not flags of truce been hung out on both sides, and the commanding officers of the two armies delegated to consult over the situation of the affairs and imitate the frequent action of Congress in ante-bellum days, by patching up a compromise. Long, loud and vehement were the arguments on both sides, but. finally, as night began to approach and both parties yearned for their firesides and warm suppers, a compromise was effected by dividing the timber and allotting Albany 400 acres as her share. No sooner was this agreed to and ratified by hearty hand-shak- ing and quaffing friendly pledges than the Illinois scouts emerged from their coverts and claimed their share of timber on the ground that their deploying as skirmishers was the reason for the Iowans partially yielding a point. For years they recounted, with the air of Falstaff relating his encounters with the men in buekram, the daring deeds when they faced the terrible champions of Clinton County. till, in 1861, many of them went to do their duty on fields that proved to be indeed bloody.
CLAIM BUSINESS.
Mr. David Hess, in giving an account of the settlement here of his family, relates his experience with the "claim agents." Frederick Hess and family, three sons and a daughter, afterward Mrs. John Sloan, came through here on their way from Camanche to Sabula, where they had friends and in the vicinity of whom they expected to locate. They stopped in Lyons where they found old neighbors in the East. Here they procured a guide to pilot them over the unbroken prairie to Sabula. This guide piloted them until he no longer knew the land-marks, and, securing another person to guide them the remainder of the way, returned. Upon their arrival at Sabula, they found that all the land about there had been " claimed," and the " claim speculators had
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HISTORY OF CLINTON COUNTY.
placed so high a price upon their "quit-claim " interests that it would be cheaper to buy of the Government in Illinois. They therefore decided to cross the river where the Government lands were in market and purchase lands. Being afraid to venture their teams in the small and leaky boat to cross the long ferry at that point, they retraced their way to Lyons to cross there where a larger scow was in use. They were solicited to locate here, but found that the " claim-makers" had ploughed their furrows and set their corner-stakes around all the land near the river, leaving their agents to " sell out," while they had sought new fields for similar enterprise, and they maintained their determination to cross the river. However, their old neighbors said to the settlers, " these are good settlers and we must keep them." The whole settle- ment was convened. As Mr. Hess said, " this did not take long, for only seven or eight houses were here." The matter was discussed, and, at the conclusion of the conference, at which of course the emigrants were not present, they were called upon and informed that they were at liberty to settle upon any lands not occupied by an actual settler, and that the settlers would protect them against all claimants. With this "warrantee deed " they selected their claims and became Iowans.
In order to protect themselves in the absence of any other law, there was an organization formed of all the settlers, and "Squatter-Club laws" were established and by-laws adopted. Every man on the river was entitled to take a claim one mile deep and half a mile front on the river. Lines were to run east and west without regard to future Government lines. To constitute a claim a man must put a cabin and erect mounds at the corners of his claim. All claims purchased of others, if originally made in accordance with the rules, were protected the same as if held by the original squatter.
The President of the club was the Chief Justice, who heard testimony and decided all disputes about claims, and his decision was final, and, if not peacea- bly complied with, was enforced by the combined power of the association.
At the land sales at Dubuque, in July, 1840, this court was in session nine days and nights without cessation, in settling claim disputes. At this sale, Elijah Buel purchased 600 acres of land upon which a portion of Lyons now stands, and upon which he has ever since resided.
In a claim fight at Cordova, a man named Mckinney shot and killed old Dr. Phillio in a dispute over a claim. His son, William McKinney, in the spring of 1838, jumped the claim of Charles Bovard, Sr., half a mile below Camanche, built a house and moved in. The settlers rendezvoused at Camanche to the number of seventy or more, and at once visited his house. Calling him out they asked him if he would surrender the "claim." He refused. They then directed him to vacate at once with his family. This he did. His visitors then removed his household goods, tore down his log house and burned the material. He was then directed to load his effects into a skiff and leave the county. The family of Keatley, his wife's family, who had taken part in this claim-jump- ing affair, was also requested to seek other climes, which they did without any delay, and neither family, or any of them, were ever seen here afterward.
In the winter of 1836-37, James D. Bourne was appointed the first Post- master in the county. The office was called " Monroe" at first, but was soon changed to "Waubesepinicon." It was located on Section 6, Township 80 north, Range 5 east. The residence of Mr. Bourne then being in the south- west part of the present township of Eden, Elijah Buel circulated a petition through the county, for a mail-route from Lyons through the county by the way of Harrison's Grove, near what is now De Witt, and to the " Wapsipinicon "
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post office, which was established, and a "horseback " mail was carried weekly over the route.
During 1837 and 1838, quite a number of settlers had scattered along the banks of the Mississippi and of the "Wapsie " Rivers, and had also penetrated the interior to a limited extent. To the observer of the present day, it may appear singular that the settlers avoided the rich prairie lands and sought for the vicinity of timber and settled near the groves ; but an early settler very sat- isfactorily explains this by his sententious reply to a query upon this point, " To keep from freczing." In further explanation, he said that the winters were then more severe, the climate having become greatly modified since its settlement ; that the sudden and blinding storms then prevalent made it dangerous for jour- neys to any great distance from home, while there were no roads, fences, or other guides to the traveler. More than this, convenience in the erection of dwellings caused them to seek the groves. Lumber was worth at that time $100 per thousand feet, and all that was brought came down the Ohio and up the Mississippi, and the first settlers' houses were nearly all built of logs, though in some instances of stone.
Settlements were made in 1837, at Foleks' Grove, in what is now Township, the principal family being that of Abraham Folcks ; and at Round Grove near the present site of De Witt, by O. G. Harrison, George W. Ames and others. At Evans' Grove. in 1839, Lyman Evans and his sons Norman and Charles settled, as did also John F. Horner and his brother, David H. Brown, George and John Eldred and others.
But as the story of the wonderful fertility of this "Black Hawk " country spread. the tide of immigration increased, so that, in 1841, when Mr. James D. Bourne took the first census, he returned the population of Clinton County to be 816.
A LOST CHILD.
A Mr. O'Brien formerly resided a few rods from Goose Lake, on the Maquoketa road. One day in September, 1862, Mrs. O'Brien called upon a neighbor, who lived but a short distance from her house, accompanied by her little daughter, who was three years of age. Several children were playing about, and she did not give any particular attention to the little one until she was ready for her return home, when, not secing the child, she was told by the children in answer to her inquiries, that the little girl had gone home. The mother, upon reaching home, could not find her child. Soon the alarm was given, the neighborhood turned out and made a general search, which was con- tinued for several days. Every nook and gully in the prairie was peered into and every field closely scrutinized, but without success. The father was inconsol- able, and, for more than two months, spent his whole time in endeavors to find his little daughter or some trace of her. It became a general impression that the child had been kidnaped. It was upon a road over which many emigrant wagons passed, and, of course, there were those who could remember the suspicious looks of some which had passed the day the child disappeared. About this time, the since notorious Tennessee Claflin came to Lyons, and was pretending by magnetic power to heal disease, to discover hidden property and the like. Catching, like a drowning man, at a straw, the disconsolate father consulted her, and was assured of her ability to reveal the whereabouts of his lost child. He cheerfully paid in advance the required fee of $25. Tennessee, without a moment's hesitation or a question, minutely related to him the fact that he had lost a little girl in September, described her, told him that several emigrant wagons had passed his house the day of the child's disappearance,
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HISTORY OF CLINTON COUNTY.
and that a man and woman riding in a covered wagon, driving a brown and a white horse, had picked up the child and carried it away with them ; that they were now living across a river that looked to her very muddy ; that there were Indians there and that the child was well, etc.
The father returned home full of hope and began preparations for an immediate journey in pursuit of his child as indicated by the gifted " second- sight " seeress. The excitement among the neighbors over this wonderful unfolding of the mystery which surrounded the child's loss was great. Mean- while, the anxiety, grief and later excitement of the father induced a fever and delirium. Before his recovery, the winter had set in and the shallow lake had frozen over. One day, an old man, who was hunting for mink along the shore. discovered among the tall grass and weeds that grew in the water the dress of a child partly above the ice. He broke the ice, and, carefully removing it, brought up the body of the little one remarkably preserved.
It may be further added that a threatened prosecution of Tennessee by Mr. O'Brien, under the special statute of vagrancy, together with a prosecution which was actually commenced against her, induced her hasty exit from the State, but not, however, as is believed, by those who are conversant with the facts, before she had duped residents of the county out of something like $3,000 during her three months' career in Lyons.
A PIONEER WOMAN'S EXPEDIENT.
William Burton, with his family, came from Ohio in 1837, and settled near De Witt, where he now resides. His wife, who died many years since, related to our informant, in after years, the following anecdote, illustrative of the pri- vations of the time, and of woman's expedients in meeting them :
She relates that one day, when she had nothing in the house in the way of flour, two pioneer neighboring ladies paid her a visit, ostensibly a social one. but really to ascertain how she was getting along, as they had heard that the family, being new-comers, were scanty of fare. Mrs. Burton received her guests, invited them to the hospitalities of her cabin, her mind already at work to solve the bread problem. Leaving her guests, as soon as etiquette would per- mit, to entertain themselves, she went to the wheat field, where she knew were some ripened heads, and reaped her apron full, rubbed them out with her hands, ground them in a coffee-mill, sifted her meal and baked her shortcakes, present- ing to her guests palatable bread at meal-time. Her visitors could not avoid an expression of surprise at being so bountifully entertained, particularly with wheat bread, saying that they had had no wheat flour in months. Mrs. Burton gravely informed them that they had quite a supply, and were getting along nicely.
THE LEGEND OF JAKEY LEPPER AND THE GAME OF "PHARAOH."
Among the humorous incidents connected with the early days, perhaps there are few that were more amusing than the experience of Mr. Lepper in his first acquaintance with the fascinating game of faro.
Mr. Lepper resided near Center Grove, where he farmed it and kept a hotel. Loading up his wagon with a miseellaneous cargo-a little wheat, a lit- tle corn, a few oats, and surmounted with a couple of dressed hogs, he drove to Camanche, where he disposed of his produce to Butcher & Dailey. Mr. Butcher had a friend, Charles Mallette, who was a slick-looking man, and who could deal faro " so that players would win, or so that they wouldn't win." Mr. Lepper stepped into the room where Mallette was entertaining "the boys,"
H
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HISTORY OF CLINTON COUNTY.
and soon laid down a quarter. It won. He laid down another. and was again the winner. After winning five or six dollars, he said : "This is the game I have been looking for. This is better than selling pork at $2.25; I am going to put out my team and try this game." Mr. Butcher gave him a cautionary word, that "the game doesn't always run so smooth, Mr. Lepper : " but it did not dlo. After returning to the business of the hour, our friend soon found his luck changed, and his winnings and his load of produce was in the "banker's" till. On his way home, he met Judge Leffingwell, when the following colloquy passed :
"Judge, I have been down to Camanche, and the boys have got a new game. It's a slick one."
" What is the game, Mr. Lepper ?"
"I don't rightly remember, Mr. Leffingwell, the name they call it; but it is a slick game. Why, it's the name of one of the old kings we read of in the Bible."
" Was it Moses ?"
" No; that's not the name."
" Joshua ?"
" No, that don't sound like it. Why, it's the fellow who was drowned in the river."
" Oh, the Red Sea. you mean ; his name was Pharaoh."
" You've struck it, Mr. Leffingwell ; Pharaoh 's the game. It's a slick one."
Gen. N. B. Baker rendered the legend in the style of Hiawatha. Judge Dillon, while holding court at De Witt, adjourned and announced that the General would read the poem, which he did, to the great amusement of all present.
THE LEGEND OF JAKEY LEPPER AND THE GAME OF "PHARAOH."
"Jakey Lepper, with his horses, Horses fierce and very pranky, Pranky as a prancing war-horse, War-horse rushing on to battle, 'Midst the clouds of powder-smoke,
Started for the great CAMANCHE,
Down upon the Mississippi,
Where the islands once were covered
O'er with woods and wigwams,
Wigwams for the dusky Indians.
" Jakey Lepper, with his horses, Had a wagon, very creaking, Creaking, too. with load so loudly That the children of the neighbors Ran, in fright, across the prairies.
" But Jakey Lepper's journey ended,
Ended down at high Camanche, Where he sold his load of farm-stuff, Load of pork and wheat and such stuff.
"Then he found a place-a place to drink in,
Drink that kills at longest distance ; Whisky, known as ' forty-rodder,' ' Tangle-foot ' or ' bug-juice.'
" Soon he found the ' Camanche Chieftain,' Butcher, calm as summer's morning, Owner of the flatboat ' Peggy,' And the flag-ship . Roaring Gimlet,' Owner of the greatest grain-store ; Funny fellow, and a joker, Joker, smiling, smooth and jolly.
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HISTORY OF CLINTON COUNTY.
" Ned proposed to go to Buster's, Buster's, where they had some toddy, Toddy, smooth and very charming, Charming for a weary fellow, Fellow who had sold his produce Just at highest price per bushel, And his hogs upon a market rising.
" Here they had a little snifter,
Snifter good for weary persons Who have traveled down from high Elvira, Down through mud and through the water.
" Soon they saw a busy shuffling, Shuffling of the cards-cards with 'picturs, Picturs on a piece of pasteboard.
" Here, the legendary tale.
Tale of Lepper and his ventures, Resteth, till, with wagon emptied, He drives his horses pranky O'er the trails of Center Grove.
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" When are reached the groves of Center, Where stood the home of Jakey Lepper, He was met by the friendly ' Willyum,' William, since for legal lore distinguished, Who no longer, down in Center, Plows the soil and hoes the 'tater.'
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