USA > Iowa > Jackson County > The history of Jackson County, Iowa, containing a history of the county, its cities, towns, &c., biographical sketches of citizens, war record of its volunteers in the late rebellion history of the Northwest, history of Iowa miscellaneous matters, &c > Part 45
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" Upon receiving the information from Wells, I could not believe his story to be true, or that men could become so crime-hardened and hegotten of hell as to voluntarily attempt the commission of so appalling and dark a crime as this one would have been. It took many corroborating circumstances to con- vince me that this statement was true. Wells, seeing that I doubted him in what he said, remarked that if I would go with him into the cellar, I could find the powder there, and then I could also ascertain from Moss if his can of pow- der was missing. Wells, for more than a year previous, resided on his farm on Deep Creek, afterward known as the Carpenter farm. This step he had taken to rid himself of these bad associates in crime. His occasional visits to Belle- vue were as a spy, and not for any purpose of plunder. IIis reformation was brought about by his estimable wife, who was a sister of one of Jackson County's best citizens, John S. Dilly. Wells took his departure for his home, but before going, he said to me, ' I see you doubt me. When I come again, it will be after I am sent for; it will not be voluntary on my part; the risk is too great, and I see that you have not the confidence in me that I think I am entitled to.'
" I made known to Harrington, Sublett and many others the story Wells had told me, when we proceeded to Moss' store and related the same story to him. He at once looked for his can of powder, and found it missing. Har- ington and Sublett then went to Mitchell's cellar, found the powder and brought it back to the store. This fully convinced us of the truthfulness of Wells' story. The first course of action against the plotters was to have them arrested and summary justice dealt out to each one of them. To convict them, proof was necessary, and that could not be obtained without Wells on the stand. We could not produce any other testimony, except that of a circumstantial kind, to corroborate Wells' statement, and then it would subject him to their vengeance, expose him as a spy, and destroy his usefulness as an informer forever after- ward. Taking all these circumstances into consideration, we concluded to keep the whole matter to ourselves, not even letting Mitchell or his family know what a narrow escape they had from destruction, and it was not made known until Mitchell's trial. New troubles were daily making the gang more uncom- fortable, now that their attention began to be withdrawn from Mitchell to the more important matter of defending themselves from the many charges made against them, by people who had been robbed or swindled by these bold depredators. Their criminal operations had become so barefaced and fre- quent, that good citizens all over the county began to inquire if there was no law in the Territory to protect them from the depredations of this organized band of plunderers and murderers, who laughed to scorn the idea of any law punishing them for their crimes. It was the unheard-of atrocity of these crimes and the agitation of the above named questions that brought on the Bellevue war, which soon followed the performances described in this and a subsequent chapter.
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" THE THIEVES' LAST HAUL.
" As we have heretofore stated, Brown's stables were stocked with many of the finest horses in the county. A few days before the happening of the powder plot, I received a letter with a handbill inclosed in it, from Freeport, Ill., giving an elaborate description of two horses that had been stolen from that town early in the fall. This description answered so well the two horses Brown had sold to Mr. William Graham, that there could be no reasonable doubt that they were the very identical horses that had been stolen from Freeport. I immediately informed Mr. Tut Baker, who had sent me the handbills, of the whereabouts of the horses. On receiving my letter, Mr. Baker, accompanied by Mr. Spencer, the owner of the horses, started in haste for Bellevue. Arriving about noon on the same day, we were consulting together in reference to the atrocious gunpowder plot, J. K. Moss and myself went with Baker and Spencer to Graham's, who lived about three miles north of town. On arriv- ing there, Mr. Graham was informed of the object of our visit, and, being innocent in every particular, had no hesitancy in showing us the horses. But before going to the stable, Mr. Spencer so accurately described the animals and their peculiarities in work, that Mr. Graham expressed his belief that the horses belonged to Mr. Spencer, saying that no man but one who had owned them a long time could describe them so well. The horses were harnessed, and the whole party of us drove down to Bellevue, when Brown was made acquainted with the claims of Mr. Spencer.
" He received Mr. Spencer very courteously, but declared that the best judges were liable to be often honestly mistaken in identifying stock, especially horses ; that he did not doubt but what Mr. Spencer believed the horses were his property, but in this, as in all other things, there were two sides to the question. He declared he could show, beyond possibility of doubt, that Mr. Spencer was mistaken, for the men from whom he purchased the horses were still in his employ-good honest fellows, and farmers from Missouri, who were incapable of a dishonest transaction : that the horses had been raised by their father, in Missouri, they knowing them from the time they were colts until they disposed of them to Brown. Here he remarked, with great earnestness, that he could prove every word he had repeated, indignantly saying, at the same time, that he would be a great fool to attempt the sale of stolen property to Mr. Graham or any one else so immediately near his own home, when it could be so easily discovered. He said he was not such a consummate ass as this would make him amount to, whatever other misdoings the community might charge him with. Mr. Baker, who, in that day, was looked upon as a sharp detective, was taken aback by Brown's boldness and shrewd acting in this mat- ter, and saw at once he had no ordinary man to deal with. An hour before, the horses were virtually in his possession, requiring nothing more than the form of an oath to establish Mr. Spencer's title to the team. But the delusion of ownership vanished before the logic of Brown's little speech, so that Baker saw there were breakers ahead of this hitherto smooth-sailing vessel, and that an attorney must be consulted as to the proper legal steps to be taken for the recovery of the stolen property. J. K. Moss was advised on the subject, while Mr. Graham expressed his belief that the horses were Mr. Spencer's; but Brown had notified him not to give up the horses without process of law. threat- ening, if he did so, he (Brown) would not be responsible for the loss. Moss, who had the confidence of Brown and was his legal adviser in matters of busi- ness, proceeded to lay before him all the facts he had learned in relation to the
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stolen horses, and stated to him his opinion that Spencer was the right owner of the property, and that it would be exceedingly indiscreet, not to say danger- ous, for Spencer to be put to the trouble and expense of proving his title to the property in dispute, inasmuch as it would awaken the community's ill-feeling against Brown and his gang. The two boys, as Brown termed them, Long and Baxter, were simply two of his scamps, not worthy of belief under oath, or anywhere else, and Moss advised him to bring them to justice, and thereby gain the community's good will by showing such a purpose to do right.
"Brown was moved by the appeal thus made to him ; but he had taken his stand, and to go back on those who had been his accomplices in crime was more than he chose to do, so he frankly told Moss he might proceed to recover the horses in either a civil or criminal action, and that he would defend his rights by every means in his power ; that he was prepared to prove, conclusively, that the property in controversy was not the property of Spencer at all, but had come into his possession as he before had stated. The bold and decisive stand Brown had taken left Moss at sea, without a compass to direct his course in the impending action for the recovery of the horses. He well knew that Brown could prove anything he wished, and would have no difficulty in swearing the rightful owners out of their horses, as he had often done before in such cases. To commence an action of replevin was equally as much of a difficulty to sur- mount as any other kind of an action, for then Mr. Spencer would be compelled to give bond for twice the value of the property in dispute, and his being an entire stranger made this impossible, as he could not give the required surety.
" There were many who would have been willing to aid him if it had not been for the fear of vengeance from the hands of the gang which surrounded Brown. Thus matters went on until they came to a legal test, when Brown triumphed. Baker was loud in his denunciation of Brown, and frankly told him that his name was an infamous one all over the State of Illinois, for har- boring a gang of horse-thieves, robbers, counterfeiters and murderers about his premises, and that he would return to procure means which, on his return to Bellevue, would enable him to not only replevy the horses, but, if necessary, to hang him and his bandits.
"The utterance of these bold threats brought Fox and five or six others of the gang to their feet with drawn pistols, demanding a retraction of these words or blood. I shall never forget Baker's looks at that moment. He was a brave . and determined man, his courage bidding defiance to his enemies, who now surrounded him. He stood for a moment with his deep, penetrating eyes fixed upon Fox, and scanning him from head to foot, said : ' I know you, Fox, and a. more honorable, upright man than your father don't live : but you are a degen- erate son of a noble sire, unworthy of bearing his honorable name. Were I armed, I would not fear a host of such scoundrels. As it is, take my life if you wish. I retract nothing.
" The sudden and unexpected uprising of Fox and his associates with drawn pistols, took everybody by surprise. All seemed spellbound for a time, stand- ing like so many statues, incapable of motion, not seeming to realize the dan- ger Baker was in until Fox lowered his pistol on a level with Baker's breast, saying, as he did so : 'Baker, I can pay you the same compliment you have done me. Your father was an upright man, but he has raised a son who is a disgrace to his name, and nothing but your low cunning has saved your neck from the halter until now.'
" After the exchange of these doubtful compliments and considerable bravado from both parties, Fox and his champions left without doing any other acts of
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violence. Baker and Fox had been raised from their boyhood together in Indiana, where their fathers lived as well-to-do farmers. Baker was some cight years Fox's senior, and had left home for the lead mines at Galena as early as 1832, and was known throughout the mines as an energetic, 'go-ahead' sort of a fellow, who never became frightened over trifles of danger.
* * *
" Baker and Spencer, finding that justice was a rare commodity in Belle- vue, concluded to return to their homes, as further efforts to secure their horses would only involve them in costs, and even if they should succeed, their success, like the Indian's gun, would cost more than it came to.
"On the evening of their departure, Mr. Graham, who was a very upright, honorable man, took Mr. Spencer aside and told him he was satisfied the horses were his; and if he would pay $50-the amount which Mr. Graham had paid down-and give his indemnity for a note he had executed to Brown for $150, for the horses, he might take them. This arrangement being satis- factory to all parties, the necessary papers were drawn up and the horses deliv- ered to Mr. Spencer. Public notice was then given, warning all persons from purchasing the note, as it was for no consideration.
" This ended the matter for the time, the first parties fecling happy at their final success, and Mr. Graham thankful that the rightful owner was in posses- sion of his horses. The citizens generally participated in this feeling, and all were happy except the confederates of Brown, who at once could see the light in which the community regarded them ; and if there were any who were pres- ent at the trial who had any doubt as to the organization of this band of out- laws, after hearing their villainous testimony and contrasting it with the frank and positive statements of both Baker and Spencer, such doubts were immedi- ately removed.
" Many of the citizens had become despondent, and were now offering to sell their property at a great sacrifice, feeling themselves unsafe to remain in a community where the law could not be enforced.
" A GENERAL ARREST PROPOSED.
" Messrs. Anson Harrington, John T. Sublett, William Dyas and myself were appointed a committee to confer with James Crawford, Prosecuting Attor- ney, and T. S. Wilson, the District Judge of the Territory. This committee waited on Messrs. Crawford and Wilson, at Dubuque. Both of these gentle- men were quite familiar with the depredations committed throughout the county, and the utter impossibility of bringing the desperadocs to justice. It was only a few days before this committee went to Dubuque that Fox and Trass were arrested for robbing a traveler who was coming from Dubuque to Bellevue. The usual dodge, that of proving an alibi, had been resorted to, and although Mr. Crawford himself had been at Bellevue and prosecuted the case, he was obliged from the testimony to abandon the suit, notwithstanding they were per- fectly identified by the man who had been robbed.
" The consultation held in Dubuque resulted in the drawing of an informa- tion charging W. W. Brown, William Fox, Aaron Long and twenty others, as confederated together for the purpose of thieving, passing counterfeit money; robbing and committing other depredations, to the great injury and annoyance of the community in which they lived, and to the detriment of the public in general. The information was drawn up by Mr. Crawford, and sworn to by Mr. Amos Harrington. The warrant was issued by Charles Harris, a Justice
A Killorn BELLEVUE
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of the Peace, then living near where the town of Fulton now stands, and was placed in my hands for service. By some means, Brown had heard of what was up, and when I came to town openly defied me to arrest him or any one else that was named in the warrant. While reading the warrant to Brown, his whole force, flocked around making many bitter threats, and for awhile I doubted whether I would get off without receiving some injury from the infuriated mob which surrounded me. Brown appealed to them, however, that I was only in discharge of my duty, and that the man who filed the information against them should be the one to wreak their vengeance upon. As the warrant set forth, the information had been filed by Anson Harrington. This fact being made known to Brown, with a bound and yell which I shall never forget, for they were more like demons than human beings, they left me alone with Brown and went in pursuit of Harring- ton. As soon as they had left, Brown told me Harrington was in danger, say- ing the boys had been drinking, and that he was fearful of the consequences if they should come in contact with cither Harrington or myself. Also, Brown's wife had informed Harrington of the condition of affairs, and had prevailed upon him to leave town for the present, which he had immediately done, and was at that moment on the opposite side of the river. He asked me to leave at once, saying that he could not be responsible when they returned from their disappointment as to Harrington, and that if I regarded my life as worth any- thing, to be off at once. I saw from his trembling lips and excited manner that he meant all he said. While hesitating, hardly knowing what to do, Mrs. Brown came running into the room, took me by the arm without a word, and hurried me to a door leading to the back of the house, saying to me, ' Run for your life ; they are coming and will kill you.' I did not wait for a second bidding. Being light of foot, a few bounds brought me out of their reach and the sound of their yells and oaths. That night was the most turbulent of any night of carousing that was ever held at Brown's house. Mrs. Brown, for her own safety, and to get out of hearing of the vulgar songs and disgusting oaths, sought shelter at the house of J. K. Moss. Brown himself was anything but comfortable, but was compelled to abide his company. Drunken men, whom he had made his equals and confidants, were not to be rebuked; it mattered not how disgusting and deprecating their conduct. The following evening, I addressed a note to Brown, requesting a private interview, and sent it to him by John T. Sublett. He received Mr. Sublett kindly, and stated that he had no objection to an interview with me, and so far as he was concerned would willingly surrender himself and abide the decision of the law, if that would satisfy the warrant. But the rest of them had sworn they would never be taken alive, and as they were all charged equally with crime he would have to stand by them, and if taken it would be at the loss of life on both sides. He had weighed the matter well, and after due deliberation was ready to surrender him- self on condition that the rest named in the warrant be left unmolested.
"Mr. Sublett, on his return, stated the facts, as above set forth, of his inter- view with Brown. The most prominent citizens of the town, with H. K. Magoon, David G. Bates, Col. Cox, William Morden, Thomas J. Parks and some others of the county, held a meeting at Moss' store that same evening. After due deliberation, it was thought best for me to visit the different town- ships, and persuade some of the prominent citizens to meet in Bellevue on the 1st day of April, 1840, believing an array of prominent men from all parts of the county might induce Brown and his men to change their minds and peace- ably submit to the law. Although this meeting was supposed to be confiden- tial and private, we had not adjourned three hours until Brown knew all about
E
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it, and immediately commenced to fortify and prepare for defense. It so exas- perated his men that they placed a red flag in front of his house, inscribed with the ominous inscription, ' Victory or Death.'
" THE BELLEVUE WAR.
"Agreeable to arrangement, I visited the different portions of the county, and laid before the people the existing state of affairs. Many of our prominent men were so located that they could not be present, but wrote let- ters to Brown, urging him to surrender his men and trust to the law for his defense ; while other good men looked upon Brown as a persecuted man, and declined taking any part, by way of advice or otherwise. As a defiant and threatening attitude was manifested by placing a red flag in front of Brown's Hotel, I deemed it best to summon a posse of armed men for this service. I therefore deputized Col. Thomas Cox to select forty men, to appear at 10 o'clock, April 1, 1840, in Bellevue, subject to my order. Among the citizens who had promised their attendance, there were Charles Harris, of Farmers' Creek, Andrew Farley, of Deep Creek, and others whose names I cannot recollect. On the last night in March, I was at Sabula, and there urged the citizens to come up with me. In this I was not successful, as the citizens were apprehensive that a sufficient force could not be collected to either intimidate or arrest the gang. It would only have a tendency to embitter the clan toward all who took part against them.
" Mr. James McCabe was the only one who volunteered to accompany me. I stayed that night with Mr. McC., and at daylight we started for Bellevue, being joined on the way by Mr. Farley, Col. Thomas J. Parks and Alexander Reed. On arriving at Bellevue, we found Col. Cox and his posse quartered at Richard Burk's, about four blocks below Brown's house. In looking up the street, we saw the red flag fluttering in the breeze, and a number of Brown's men promenading the streets with guns. One of the posse mounted my horse, to take it to my stable, which was in the upper part of town. In passing Brown's house, the rider was assaulted with all kinds of missiles, and the wild- est cries of defiance were uttered. Mr. Anson Harrington, in company with James Batey and his two sons, Arch and Willis Druman, with others from the Illinois side of the river, came marching down the street. This drew the atten- tion from the horseman to Harrington's party, and for a time it looked as if a conflict was about to commence, when Brown came out in person and put an end to the hostile demonstrations of his men for the time being.
" A consultation was held, to determine what would be the best steps to take to bring them to terms without the shedding of blood. The conclusion was, that I should proceed to the house, read the warrant and demand a surrender. With some timidity and forebodings as to what would be my fate should my reception be unfavorable, I went alone to the house. Brown received me very gentlemanly. I then made my business known, and he called up the persons whose names were mentioned in the warrant, stating to them the object of my visit, and asked their silence while I read the warrant. The warrant being read, he wished to know what I proposed doing. I frankly told him, to ' arrest them all, as I am commanded.' He answered with a leer, 'That is, if you can !' I replied, ' There is no " if" about it. I have a sufficient force to take you all, if force is necessary ; but we prefer a surrender, without force.' I asked a private interview, and, in company with Mrs. Brown, I showed him letters from some of the leading men of the county, advising him to surrender
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himself and men to the law, also pledging myself that they should be protected from any violence. He replied that he knew, if it was in my power, I would do it. He knew some of the leading men were present, and it would be out of my power to protect them ; but if I would get J. T. Sublett, H. R. Magoon, Jerry Jonas and old man Watkins to come with me and make the same pledge, that they would surrender. This was readily agreed to, and my report was made and accepted.
" After spending some time in getting the persons named together, we proceeded to Brown's house. When we arrived within about twenty paces of the house. Brown, with five or six others, appeared on the porch with guns in hand, and ordered us to halt, saying to Magoon and others that their pres- ence was not wanted, but he wished to talk with the Sheriff, ordering them to retire and me to advance. This order was obeyed. I was taken into the room and surrounded by Brown's men. They had again been drinking, and finally became boisterous despite Brown's endeavors to quiet them. Brown took me aside and said the boys were too full of liquor for reason, and that all he could say had no effect whatever, and that they had determined to defend themselves the best they could ; that they intended to hold me, and if there was any attempt to take them, I would be the first man shot. This intelligence shook my nerves somewhat, and I could only reply that my retention would most assuredly bring on the assault; I was in their power, and if it was their determination, I would have to submit. Fifteen minutes had scarcely elapsed when those that were on the porch informed Brown that Col. Cox was forming the men in the street preparatory to moving upon them. Brown ordered his men to their posts, saying to me, 'You go and stop them, and come back.' This, of course, I readily promised to do, and took my departure in quite a hurry-told what had occurred, and preparation was immediately made for the attack.
"Forty men were selected by Col. Cox and myself, all of whom volun- teered. The men were addressed by both of us, Col. Cox stating that this was no boy's play in which we were about to engage ; that they were a desper- ate set of men, and that, in all probability, some would fall in the fight, and if there were any in the ranks who were not disposed to face danger, they had better step out. Every man stood fast. This left a reserve of about forty unarmed men, who were to be brought up if necessity required. It was now about half-past 2 o'clock, and the time since 10 o'clock had been spent in par- leying and endeavoring to get Brown to surrender without a fight. The inhabitants of the town were in a great excitement ; houses were deserted, and women and children had fled from them, taking quarters more remote from the scene of action. Mitchell, who was in confinement, urged the privilege of being one of the posse, claiming that if my men should be defeated, he would be left helpless and murdered in his own house. This I could not consent to, but placed arms at his disposal if his house should be attacked.
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