The history of Fayette County, Iowa, containing a history of the county, its cities, towns, &c., Part 45

Author: Western Historical Co
Publication date: 1878
Publisher: Chicago : Western Historical Company
Number of Pages: 766


USA > Iowa > Fayette County > The history of Fayette County, Iowa, containing a history of the county, its cities, towns, &c. > Part 45


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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. The Public Review, in 1859, said : "That there is gold in this county is an indisputable fact, which was tested as long ago as last Summer; but that it will pay much to gather it, is not sure by any means. We have no doubt, how- ever, that there is nearly as much ground for raising a sensation here respecting the gold as there is at Pike's Peak."


From that time to the present, ever and anon, gold has been found in small quantities along the water courses of the county.


In 1877, Brush Creek and vicinity were considerably exercised over the dis- covery of gold in Maine Creek, a little stream northeast of Brush Creek, but it was not found in paying quantities, the most successful hunter realizing only about $8.00 a week. Minute quantities of the precious metal have been found in Brush Creek, Otter Creek and in Volga River, near Fayette; but while there may be abundant " ground for raising a sensation respecting gold" in Fayette, it will probably be many years before it will rival Pike's Peak. There is gold in inexhaustible quantities in Fayette, but it is scattered over the whole county and is to be found with the plow within a few inches of the surface of her fertile prairies.


July 5, 1858, at the quarterly division of fees by the Judge, Treasurer, Recorder and Clerk, the receipts for the quarter were $450.67, nearly enough to pay their salaries-the balance due each being only $12.28, to be paid by county warrants.


A FINANCIAL EXHIBIT.


July 5, 1858, the annual settlement made with the County Treasurer shows the financial condition of the county on that date to be as follows :


Receipts for the fiscal year ending July 4, 1858.


$16,182 22


Disbursements.


12,707 67


Balance


$3,474 55


Add balance July, 1857.


1,443 44


Total.


$4,917 99


Amount of fees for the year :


By Treasurer (J. Conkey )


$1,090 30


By Judge (J. W. Rogers)


24 50


By Clerk (S. S. Seeley ) ..


450 87


Total.


ยท $1,565 67


387


HISTORY OF FAYETTE COUNTY.


Said Conkey having collected $966.55 and his predecessor (from July 4th to August 8th) $123.75; said Conkey receiving from his predecessor $52.65, the balance, $71.10, having been disbursed.


Amount of warrants redeemed by Treasurer Conkey of Rogers' issue ... $6,347 06 Amount of warrants redeemed by Treasurer Conkey of former issue .. 90 75


Total


$6,437 81


Add interest for certain warrants


32 09


Total


$6,469 90


DELINQUENT TAXES.


STATE.


COUNTY.


SCHOOL.


ROAD.


TOTAL.


Tax of 1854


$ 81 96 $


393 44$


65 57 $


65 57 $


606 54


Tax of 1855


91 98


440 00


73 38


73 38


678 44


Tax of 1856


177 34


709 41


141 89


141 89


1,170 53


Tax of 1857


1,509 77


3,774. 42


754 89


754 89


6,793 97


Total


$1,860 75 $5,317 27 $1,035 73 $ 1,035 73 $ 9,249 48


Amount of warrants outstanding


$220 73


J. W. ROGERS, County Judge.


July 12, 1858, Ordered, that the Trustees of Clermont Township (Charles Sawyer, E. D. Butten and Daniel Clark) be allowed the sum of twenty-five dollars to remove Dennis Cavin, a sick Irish pauper, to Massachusetts (South Hadley), upon recommendation of said Trustees.


The Board of Equalization made no change in the assessment of 1858.


August 2, 1858, the County Court ordered the payment of $8.00 " for two pairs handcuffs and one pair leg-shackles."


October 4, 1858, fees for the quarter then ending amounted to $435.79. January 4, 1859, the amount was $456.12.


October 27th, the County Board of Equalization levied taxes as follows : County tax, three mills on the dollar of assessed value of property ; school tax, one mill; road tax, two mills; State tax, one and one-half mills ; road poll tax of two dollars ; poll tax of fifty cents.


April 4, 1859, at the quarterly division of fees, the amount received for the quarter just ended was $467.95. Each received a county warrant for $6.52. Salaries calculated at $6.50.


EQUALIZATION.


April 4, 1859, the Board of Equalization equalized as follows :


Township.


Assessed Average per Acre.


Remarks.


West Union.


4 22


No change.


Clermont


2 69


50 per cent. added.


Dover


4 20


No change.


Eden.


2 96


30 per cent. added.


Richland


4 62


Cut down 1-7.


Windsor.


4 04


No change.


Pleasant Valley.


4 81


No change.


Illyria


3 31


20 per cent. added.


Westfield


3 22


No change.


Center.


2 09


40 per cent. added.


Fremont.


2 51


No change.


Smithfield


3 40


30 per cent. added.


Fairfield.


1 45


40 per cent. added.


Putnam


3 02


No change.


Scott.


3 39


No change.


Jefferson


2 39


20 per cent. added.


Oran


$6 45


No change.


Auburn ..


2 15


50 per cent. added.


Banks


2 24


No change.


388:


HISTORY OF FAYETTE COUNTY.


APPORTIONMENT OF SCHOOL MONEY.


The following table shows the number of scholars and amount of school money apportioned to each township in April, 1859 :


No. Scholars.


Apportionment to each Township. $373 09


Auburn


21


24 27


Clermont


130


150 16


Dover


240


277 22


Fairfield


77


88 96


Illyria.


119


137 45


Oran


134


154 78


Pleasant Valley


323


373 09


Richland


71


82 02


Scott


37


42 74


Smithfield


119


137 45


Westfield


490


565 99


Windsor


162


187 12


West Union


723


835 12


Total


4,351


$5,025 79


Apportionment to each scholar, $1.15.6.


CENSUS OF 1858.


The Public Review, of April 7, 1859, published the following table, giving the number of inhabitants and number of voters in each township :


Township.


No. Inhabitants.


Voters.


West Union.


1,729


418


Auburn


1,029


240


Banks


79


24


Clermont.


794


167


Center


180


39


Dover


801


114


Eden


717


145


Fairfield


814


178


Fremont


177


37


Illyria.


721


154


Jefferson


311


61


Oran.


378


72


Putnam


345


84


Richland


153


35


Smithfield


300


68


Westfield


1,508


321


Windsor


445


91


Pleasant Valley.


836


173


Scott


68


13


Total.


11,385


2,434


Banks


275


315 34


Center.


338


390 42


Eden


343


396 20


Fremont


266


307 25


Jefferson


162


187 12


Putnam


Township.


323


" In 1856," says the Review, " the number of inhabitants was 8,357, giving an increase of about thirty-seven per cent. during the last three years. As the emigration to Iowa subsided, in a great measure, two years ago, these figures show a very satisfactory growth."


DISTRICT COURT, 1859.


Hon. Elisha H. Williams presided as Judge at the June term of the Dis- trict Court. S. F. Shepard, charged with an assault with intent to kill, was tried. The jury returned a verdict of "guilty of an assault," and the Court imposed a fine of $1.00 and costs.


389


HISTORY OF FAYETTE COUNTY.


At the same term, John Shook (and Omer Shook makes default), indicted for assault with intent to murder (somebody, the papers are burned), was tried. The jury returned a verdict of "guilty of an assault, with intent to do great bodily injury," and the Court sentenced him to " thirty days' imprisonment in the County Jail." As the county of Fayette had no jail, Shook was prob- ably sent to the Clayton County jail, at Elkader.


At the quarterly accounting of the county officers July 4, 1859, the fees amounted to $704.20; and, for the first time, there was a surplus, after paying salaries, amounting to $216.70.


FINANCIAL STATEMENT.


At the annual settlement with the County Treasurer, the county appears in a sound financial condition, as follows :


Total amount received, including balance July 5, 1858. $24,021 37


Total amount disbursed 21,004 46


SCHOOL FUND. $3,016 91


Dr.


Permanent fund. $1.294 63


4,918 04


Temporary fund.


--- $6,212 67


Cr.


Permanent fund. $1,227 13


Temporary fund. 4,106 01


$5,333 14


$879 53


Total balance in treasury. $3,896 44


HARLAN TOWNSHIP.


Another new township was created, by order of the Court, September 6, 1859, as follows :


Ordered, That Congressional Township 92, Range 9, be and it is hereby formed in a new township for all purposes contemplated by law, under the name of Harlan Township; and Fran- cis M. Aylsworth is hereby appointed to discharge the duties, as required by law, necessary to organize said township. The first election to be held at the school house at Long Grove (or at the house lately occupied for school house), in said township, on the second Tuesday of October, 1859 (11th), at which election there will be elected three Township Trustees, one Township Clerk, two Constables, two Justices of the Peace, one Supervisor of Roads and one Assessor; also, the following district offieers, viz .; one Representative to General Assembly and one Senator to Gen- eral Assembly ; also, the following county officers, viz .: County Judge, Sheriff, Treasurer and Recorder, Surveyor and Coroner; also, the following State officers, viz .: Governor, Lieutenant Governor and three Judges of Supreme Court.


The rate of taxation established by the County Board, September 20, 1859, was as follows: County tax, three mills ; school tax, one mill ; State tax, one and one-half mills-a total of five and one-half mills; and poll tax, fifty cents.


October 3d, the quarterly receipts of fees were as follows: Judge, $2.20; Treasurer, $173.50; Clerk, $246.05-total, $421.75. Judge and Clerk paid over to the Treasurer the amounts taken by them respectively.


DIDN'T WANT A JAIL.


On the 25th day of August, 1859, an order was made by the County Judge for taking a vote in the several townships in the county, by the qualified elec- tors thereof, to decide whether a jail should be built in the county, and an


390.


HISTORY OF FAYETTE COUNTY.


additional tax of two mills on the assessed value of property for the years 1860 and 1861, to defray the expenses of building said jail-the vote to be taken at the October election, 1859. Those voting " yes " were to be considered as vot- ing for the whole question of building the jail and raising the tax ; those voting " no " were to be considered as voting against the whole proposition. At the election, October 11, 1859, the proposition was rejected by a vote of 276 yeas and 1,151 noes.


THE COUNTY SEAT-VOTE ORDERED.


December 5, 1859, a petition, signed by 1,349 citizens, was presented, pray- ing for an order of Court to submit to the legal voters of the county the ques- tion of removing the seat of justice from West Union to the village of Fayette. On the 6th, the affidavit of D. Alexander was filed. Mr. Alexander declared, on oath, that, as he verily believed, the signers of the petition were all legal voters. The County Judge, being satisfied that the petition contained a major- ity of the legal voters, according to the last census of the county, made order, as follows :


It is ordered by the Court that a vote be taken on the question of re-locating said county seat, on the first Monday in April, 1860; said election to be conducted by the same officers, in the same manner and returns made as in general elections. And it is ordered that Constables post three notices of said election in three public places in each township, ten days prior to said election ; and that notice of the same be published in the Public Review, a newspaper published in West Union, in Fayette County, Iowa, at least three weeks prior to said election. The form of vote will be :


For Removal of County Seat to Fayette. Against Removal of County Seat to Fayette.


December 7, 1859, Alexander's Addition to the village of Fayette was vacated by order of the County Court.


On the final settlement with the County Treasurer, Jacob Conkey, it was found that he had on hand a balance of $5,898.89. He paid to his successor, Walbridge, $5,018.89, leaving a balance of $880; to this was added $175- amount of warrants twice credited-making a balance on the books, January 1, 1860, of $1,055. February 25, 1860, Mr. Conkey was credited with the amount of award by Judge E. H. Williams, on submission of true account (result of Treasurer's error) $1,186.66, and received county warrants to balance, $131.66.


In 1850, the population of Fayette County was 825; in 1851, 1,200; in 1852, 2,065; 1854, 5,042; in 1855, 8,275 ; 1859, 11,301.


RAILROAD AGITATION.


February 1, 1860, a railroad meeting was held at Auburn. W. W. Hills was appointed Chairman and I. S. Lame, Secretary. The object of the meeting was stated by James Boale to be to remonstrate against the transfer of the land grant to the Iowa Central Air Line R. R. Company from that to the Dubuque, Marion & Western. James Boale, J. L. Davis and I. S. Lame were appointed a committee to draft resolutions. This committee reported a series of resolutions declaring that the " lands granted to the Iowa Central Air Line should revert to the United States on the passage of a bill by the General Government making an equally liberal grant to aid in constructing a railroad from McGregor, west, through the State to the Missouri River, in order that equal and exact justice might be done to the citizens of Iowa, irrespective of locality." The closing resolution expressed the utmost confidence in the integrity and ability of the McGregor, St. Peters & Missouri River Railroad Company.


391


HISTORY OF FAYETTE COUNTY.


February 6, a similar meeting was held at the Court House in West Union, at which P. L. Hinckley was Chairman, and John Gharky, Secretary. At the meeting, Wm. McClintock, J. W. Rogers and Joseph Hobson constituted the Committee on Resolutions.


COUNTY SEAT ELECTION.


Result of the election April 2, 1860, on the question "Shall the county seat be removed to Fayette ? "


For Removal. 89


Against Removal.


Auburn


105


Banks.


7


19


Clermont


58


101


Center.


45


1


Dover


15


111


Eden.


15


130


Fairfield.


209


3


Fremont.


36


.....


Harlan


22


.....


Illyria.


93


53


Jefferson


61


....


Oran.


77


..


Putnam'


73


...


Pleasant Valley


33


135


Richland


5


35


Scott ..


15


.....


Smithfield.


86


.....


West Union.


4


480


Westfield.


276


28


Windsor


2


103


Total


1,221


1,304


The night of August 15, 1860, a burglar entered the house of William Stephenson, at Taylorsville, securing $175 in money, a gold watch and some other property. Two nights after, at West Union, Mr. Berkey, of the firm of Berkey & Winett, lost from his bedroom, $1,300 in cash.


The Turkey River Baptist Association, comprising the churches at Erie, Hardin, Illyria, Lime Springs, Oran, Rossville, Strawberry Point, Vernon Springs, Waterville, Waukon, Westfield and West Union, was organized at the latter town July 14, 1860. Rev. C. E. Brown was first Moderator ; Alva Bush, Clerk.


A machine for drilling wheat was exhibited at West Union, in February, 1860, probably the first ever brought to the county. The general opinion- expressed by those who examined it was favorable to the machine.


THE FIRST CONVICTS.


At the June (1860) term of the District Court, after the county had been organized ten years, Andrew J. Ostrander, arraigned on a charge of stealing cattle, pleaded " guilty," and was sentenced to the penitentiary for three months and to pay the costs of prosecution. This was the first person sentenced to the penitentiary from Fayette County. During the same term, John Husband, William Shriver and Horace Wheeler pleaded guilty to a charge of grand lar- ceny, and were also sentenced to three months in the penitentiary and to pay costs.


At this term, Judge Williams presided ; Milo McGlathery was District Attorney ; J. J. Welch, Sheriff, and Joseph Hobson Clerk. Fred. A. Mitchell, Charles H. Miller and Jameson Berkey were admitted to the bar, and at the next term, October 10, J. R. Beck was admitted also.


F


392


HISTORY OF FAYETTE COUNTY.


GRAND CELEBRATION.


Wednesday, July 4, 1860, was celebrated in grand style by the people of Fayette County, at West Union. The Committee of Arrangements consisted of J. W. Rogers, Chairman ; James Bell, Dr. Fuller, George Thomas, P. F. Crane, Charles Chadwick and D. G. Hoffman. A stand was erected in the grove, to which the procession marched. The Declaration of Independence was read by Joseph Hobson ; oration by J. W. Towner; dinner at the hotels and fireworks in the evening. The Good Templars, in large numbers, participated in the ceremonies of the day.


MILITARY.


July 20, 1860, at a meeting in the Court House, of which John Gharky was Chairman and S. B. Zeigler Secretary, it was voted that a military com- pany should be organized. Stirring speeches were made by Zeigler, Webber, Geary, Thomas and Laken. A committee, to consult with the citizens, was- appointed, consisting of George Thomas, J. P. Webster, C. A. Newcomb, B. H. Geary and S. W. Cole. No further records of this movement.


FAYETTE COUNTY TEACHERS' ASSOCIATION.


A meeting of the teachers of the county was held at the chapel of the Upper Iowa University November 3, 1860, when the Fayette County Teach- ers' Association was organized by the adoption of a Constitution and election of officers, as follows :


President, J. M. McKenzie; Vice President, W. W. Warner; Secretary, A. O. Whaley ; Executive Committee, J. M. Mckenzie, W. W. Warner, R. H. Spencer, Nellie Herrington and Electa Abernethy.


Among the questions proposed for discussion was the following :


Resolved, That ladies should be employed, in preference to gentlemen, in our private schools.


PRESIDENTIAL ELECTION.


In November, 1860, ten years after the organization of the county, the Presidential vote was as follows :


Townships.


Lincoln.


Douglas.


Auburn


82


106


Banks.


13


14


Clermont


115


63


Center


32


11


Dover


66


47


Eden ..


83


60


Fremont


15


16


Fairfield


102


82


Harlan ...


16


4


Illyria


97


43


Jefferson


31


38


Oran


51


36


Putnam


67


7


Pleasant Valley


140


31


Richland.


29


9


Smithfield.


44


31


Scott.


14


5


Windsor


66


30


West Union


288


116


Westfield.


178


86


Total


1,529


835


393


HISTORY OF FAYETTE COUNTY.


A BOLD BURGLARY.


On Friday morning, November 9, 1860, the county officers were surprised and horrified by the discovery that, during the previous night, the Court House had been "burglarized," and that the Treasurer's safe had been stolen. The safe contained $3,962 in money and about $70,000 of school fund securities. The thieves had boldly driven a wagon to the door of the Court House, loaded the "safe " into it and hauled it off.


Mr. A. B. Carpenter states that his first improvements on the place where he now lives, in Windsor, were made in 1860, when he built a rough board shanty. "This," says Mr. Carpenter, " was used (in my absence) as a house of entertainment by those individuals who took the money safe from the Court House in West Union. They came across this unsettled prairie from the vicin- ity of Taylorsville, I think, stopped at my shanty, rested and fed their team, cooked their supper, took my hand-saw and crowbar, by the use of which and another bar and sledges, which they obtained at Mr. Peck's shop in West Union, they managed to burst open the Court House doors, trundle the safe into a wagon, which they had carefully placed at the north door of the Court House, then drove-sometimes in the traveled road, sometimes out-until they arrived at some tall prairie grass, on the edge of Richland (now Bethel) Township, when they broke open and plundered the safe and then precipitated it into the tall grass."


Judge Rogers immediately issued a proclamation, offering $500 reward for the return of the money and the apprehension and conviction of the thieves, or $250 for the apprehension and conviction of the thieves. During the fore- noon of Friday, the " big iron chest " was found about ten miles from West Union in the tall grass, as stated by Mr. Carpenter, but it had been pried open with crowbars and the contents, except one sovereign and a dime, removed.


On Sunday morning, November 11th, George Stephenson, William Stephen- son and John Rubert, charged with stealing the safe, were brought into West Union in charge of Sheriff J. J. Welsh and J. G. Ellis, Sheriff of Bremer County, and held to answer at the next term of court. The papers abstracted from the safe were found by Dr. Lake, of West Union, and James F. Babcock, of Oran Township. Sheriff Welsh succeeded in persuading one of the prison- ers to go with him and show him where the money was buried. To guard against contingencies, Mr. Welsh caused E. S. White and John S. Brewer to follow, to be witnesses in the event of refusal of the prisoner to show up as he had promised. The party went to Wilson's Grove and the prisoner led the way to an oak tree, at the root of which he said the money was buried. Digging there, the officer soon found the gold, which was tied up in a piece of an old quilt, and recovered the whole amount stolen, except about $60 that had been taken by some of the thieves to pay expenses.


At the the June term (1861) of the District Court, John S. Rubert and George Stephenson pleaded guilty, and were sentenced to six months in Win- nesheik jail and a fine of $200 each for the burglary. William Stephenson forfeited his recognizance, but at the next term, October 10th, came into court, was arraigned, pleaded guilty and sentenced to the penitentiary for three years and to pay all costs. He was pardoned by Gov. Kirkwood, and discharged May 6, 1863.


THE REWARD.


Soon after the capture of the robbers and recovery of the money, Sheriff Welsh presented his claim for the reward of $250 for the recovery of the money


394


HISTORY OF FAYETTE COUNTY.


to the County Court. Judge Rogers refused to allow it on the ground that the Sheriff was an officer of the people and was bound to recover the money, if possible, without reward. But in January, the Board of Supervisors superseded the County Judge system. The Sheriff presented his claim to the Board in January, but it also refused to allow it, when Mr. Welsh withdrew and com- menced an action against the county.


June 3, 1861, the Board of Supervisors appointed a special committee, consisting of Chas. Sawyer, S. C. Crosby and J. B. Stephenson to consider the question of payment of the reward offered by Judge Rogers. On the 4th, this committee reported that Dr. Lake was entitled to the reward and recommended that an order be drawn on the Treasury for $250 in his favor. The report was accepted and the consideration of the recommendation made a special order for the next day at 1 o'clock. The reward was paid and is understood to have been divided between Lake and Ellis, the Sheriff of Bremer County.


About the same time, a committee was appointed to consult with District Attorney McGlathery in relation to the suit, of which the Board had received notice-Welsh vs. Fayette County. Mr. McGlathery informed the committee that the Sheriff's claim was just and legal and that it would undoubtedly be allowed by the Court. The committee reported, and the following abstract from the record shows that the Board concluded that they had better pay the amount without additional cost of court :


June 7, 1861, it was manifest to the Board, through Chas. Sawyer, that J. J. Welsh had made a claim against the county for $250 reward in the thief matter, and that he was liable to substantiate his claim if it went to trial, accordingly, Levi Fuller, H. P. Hoyt and Geo. Burnside were appointed a committee to wait on Mr. Welsh and settle his claim against the county for reward. Upon report of this committee, the Board ordered the payment of the claim.


It is proper to add that Rubert, who was undoubtedly led into the trouble by the Stephenson boys, after serving out his sentence, returned, settled in Pleasant Valley and became a good, industrious, upright citizen. He was a member of the grand jury a year or two ago.


It is said that Robert Stephenson, a brother of the Stephensons above men- tioned, was elected one of the Supervisors of Bremer County in the same year that his brothers carried off the Fayette County safe, and before his terin of office had expired, he was a party to robbing the safe of that county.


George Stephenson, after serving his sentence, removed with his father to Bremer County, became a good citizen and, a few years ago, was elected a member of the Board of Supervisors of that county.


William Stephenson, after his pardon and discharge, went to California, where, it is said, he now resides, a wealthy and respected citizen.


The population of Fayette County, in 1860, was 12,097.


October 29, 1860, according to the Pioneer of that date, corn was worth two shillings and potatoes twenty cents a bushel. Saturday, December 1, wheat sold for forty-five cents in West Union. December 17, the proprietors of the steam mills advertised to pay forty cents for wheat.


COUNTY JUDGE SYSTEM ABOLISHED.


By an act of the General Assembly, entitled " An act creating a County Board of Supervisors," etc., approved March 22, 1860, to take effect July +, 1860, the duties of County Judge were limited to the exercise of probate powers, granting marriage licenses, etc., and the general management of county officers was placed in the hands of a Board of Supervisors, consisting of one from each civil township, who were to be elected in October, and enter upon the duties in January following.


395


HISTORY OF FAYETTE COUNTY.


Judge Rogers resigned in October, to take effect January 1, 1861. His last act, which was also the last act of the County Court under the County Judge system, was to issue a marriage license to William Jones and Ann Jones on the 7th day of January, 1861, on the sworn testimony of R. A. Richardson, " that he was personally acquainted with the said applicants, and believed them to be of competent age and condition to marry." It may be mentioned as a somewhat singular fact, that the first as well as the last official act of Judge Rogers was to issue a marriage license.




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