USA > Iowa > Linn County > The history of Linn county, Iowa, containing a history of the county, its cities, towns, &t., a biographical directory of its citizens, war record of its volunteers in the late rebellion, general and local statistics history of the Northwest etc > Part 46
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Barley, bushels
30,000
Wool, lbs.
80,000
Flax Seed, lbs.
63,000
Iron, tons.
76
Leather, 1
162,400
Wood, cubic feet.
41,536
Total value.
$ 952,508
Capital employed.
723,850
Wages paid annually
235,387
Products in 1874
3,119,100
From the foregoing table it will be seen that the character of the manufact- uring done in Linn is that peculiarly fitted for an agricultural region. The raw materials are such as the farmers raise and must sell. The work gives employment to a large number of men and the inevitable result is mutual good.
This branch of industry is still in its infancy in Linn, and will eventually become a powerful factor in the problem of local prosperity. Enterprising men have control of affairs and are determined to make the Cedar Valley a locality known throughout the Northwest as the seat of vast manufacturing establishments.
THE MANUFACTURE OF BUTTER AND CHEESE.
When the first medal was awarded an Iowa man for the best butter, at the Centennial Exposition, the East began to open its eyes and speculate as to the meaning of such an innovation on established belief. Iowa butter had been rated as " grease " until that time, in Eastern markets, and dealers there had declared that the prairies could never be so cultivated as to produce suitable food for cows. A perennial sod was among the impossibilities in Iowa's cate- gory. A medium grade of dairy products might be reached in the course of time, but the standard of excellence demanded by fastidious Eastern palates was never to be attained.
Mr. Stewart, however, had the temerity to enter his " grease " for inspec- tion at Philadelphia, and the Committee of Award suggested that a new indus- try had been created in this State. Mr. Stewart came home with a more last- ing fame than the production of a "Sleeping Iolanthe " could have bestowed upon him, and Iowa butter became the leading grade among buyers.
Four years ago, the pioneer creamery was erected in this county. To-day, there are thirteen factories of butter and cheese, which work the milk of about 6,000 cows.
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HISTORY OF LINN COUNTY.
These facts open up a field for conjecture and calculation. It is seen by the most careless observer that Nature designed this section for this particular branch of industry above all others. She watered the prairies with pure streams ; supplied them with living springs; rolled their inexhaustible soil in gentle slopes and graceful undulations ; covered them with earth that is capable of long cultivation and bountiful returns ; adapted the soil and climate to the native growth of white clover, which takes root and drives out the original grasses, forming a lasting sod ; and prepared the whole country and climate for the most prolific yields of corn and small grains.
These natural provisions demonstrate one fact conclusively : Linn County is essentially a dairy and stock-growing region. It is necessary for man to com- plete what Nature has so grandly begun, and the result will be commensurate with the effort.
It is clear that cattle can thrive on these grasses and grains, and that the most profitable method of transporting farm products from the country is in the shape of stock or stock products. These points are admitted by every farmer with whom the writer has conversed. The grades of cattle now in the county are good and are being constantly improved ; but the question of what constitutes "improvement " is one which has but recently been determined. It is now seen that milk is a no less certain article than beef, and that both milk and beef can be placed on the market at fair values.
When the housewife was the sole person upon whom the labors of the dairy devolved, and the best of butter was quoted, from prejudice, as " grease," there was little inducement for men to raise cows for dairy purposes. That time has passed. Where one cow was formerly milked, scores are now cared for by men hired expressly for the purpose. The milk is strained into large cans, placed on platforms at convenient points by the road side, and twice a day a wagon is driven over a certain beat and the cans taken off to the several cream- eries. There the milk is weighed, delivered and accounted for. The women of the farm are not burdened with the care of these processes, which are as much a part of the routine work of the farm as haying or harvesting is.
Where once the bulk of farm duties fell within a limited space of time, and all was hurry and worry during the seasons of planting and harvesting, there now is continuous and profitable labor on an extended scale. As many as sixty-five cows are milked on one farm, and many others may have more; but that chanced to fall under our observation.
One farmer netted last year from the milk and calves of sixty cows, $48 per head and still retained the original herd. Cattle thrive and are prolific.
There are possibilities in this field which are surprising to uninitiated per- sons. The industry is but in its infancy. What is there to prevent the milk- ing of ten times the number of cows now worked ? The country will sustain the herd without being weakened. The labor can be performed at less expense than many a more generally followed system. The prairies are adapted to the production of sufficient hay, grain and green feed for the herds. The butter of one creamery in this county was sold outright, recently, for one cent advance on the New York market at that time. There is a demand for the product and an opportunity here to supply the demand for this perishable commodity.
The future of Linn County appears to be plain enough. It will become one of the most celebrated dairy counties of the West.
394
HISTORY OF LINN COUNTY.
THE JUDICIARY.
THE DISTRICT COURT.
Section 9 of the act of Congress entitled " An act to divide the Territory of Wisconsin, and to establish the Territorial Government of Iowa," approved by the President June 12, 1838, provided for the creation of the judicial branch of the said government. Judicial power was vested in a Supreme Court, Dis- trict Courts, Probate Courts and Justices of the Peace. From that section is herein quoted such clauses as refer to the early tribunals of this county.
* The said Territory shall be divided into three judicial dis- tricts ; and a District Court or Courts shall be held in each of the three districts by one of the Judges of the Supreme Court [the Supreme Court of the Terri- tory having one Chief and two Associate Justices, who, together with the Governor, Secretary, Attorney and Marshal, were placed in office by the Presi- dent, by and with the consent of the Senate of the United States], at such
times and places as may be prescribed by law " of the Territory. * "The Supreme and District Courts, respectively, shall possess a chancery as well as a common law jurisdiction." Each District Court appointed its Clerk, who was also Register in Chancery. * " Each of the said District Courts shall have and exercise the same jurisdiction in all cases arising under the constitution and laws of the United States as is vested in the Circuit and District Courts of the United States."
The Territorial law, quoted under the caption of " Organization of Linn County," in this volume, in accordance with the above-referred-to general ordi- nance of Congress, attached the county of Linn to the Third Judicial District, then composed of Jackson, Dubuque, Scott and Clayton Counties. By an act approved January 21, 1839, Linn County was attached to Johnson for judicial purposes.
Hons. Charles Mason, Joseph D. Williams and Thomas S. Wilson were first District Judges, the former being styled Chief Justice of the Supreme Court of the Territory and the latter Associate Justices. They are herein named in the order of their respective districts. This system of courts may be regarded as somewhat peculiar, inasmuch as an appeal from either of the lower divisions carried the case to the highest tribunal in the Territory, before a bench com- posed of the lower Judges.
The first records of the District Court held in this county are dated Mon- day, October 26, 1840. From them are taken the following interesting facts :
IOWA TERRITORY, LINN COUNTY: Pursuant to an act of the Legislature of the Territory, approved July -, 1840, the District Court of the United States, and also for the Territory of Iowa, met at Marion, in said County, on Monday, the 26th day of October, A. D. 1840. Pres- ent-the Hon. Joseph D. Williams, Judge of the Second Judicial District for the Territory ; W. G. Woodward, District Attorney of the United States for the District of Iowa; R. P. Lowe, Prosecuting Attorney for Second Judicial District ; Hosea W. Gray, Sheriff of the County of Linn ; S. H. Tryon, Clerk of the District Court; Lawrence Maloney for the Marshal of the Territory.
The following persons appeared and were sworn as Grand Jurors: Aaron Usher, Samuel Ross, James Leverich, D. W. King, Israel Mitchell, William H. Chambers, William Donohoo, Daniel Curtis, William T. Gilberts, George A. Patterson, Isaac Butler, John Goudy, John A. Gibson, Joseph Barnett, Asher Edgerton, William Chambers, O. S. Bowling, Daniel J. Doty and Joseph Warford, first on the part of the United States, and secondly on the part of the Territory.
395
HISTORY OF LINN COUNTY.
The , Petit Jurors were David A. Woodbridge, Isaac Carroll, George W. Gray, Bartimeas McGonegal, John McCloud, Thomas Goudy, James W. Wil- lis, John Long, James W. Margrove, Ira Simmons, John Crow, Joseph Car- raway, Stephen Osborn, H. B. Mason, O. R. Gregory, John Nation, Thomas Maxwell and George Yiesly.
The first case of record is that of Aaron Moriarty vs. Nathaniel G. Niece, on an action of forcible entry and detainer. The following matter of record appears :
And now, on this day, come the parties, by their attorneys, and on motion of the defend- ant, and upon his affidavit, it is ordered, that this case and the venue therein be changed to the county of Johnson, and that the clerk make a full transcript of the records and proceedings therein, and transmit the same to said county of Johnson, together with all papers filed in this cause, and appertaining thereto, and that the same be deposited with the clerk of the District Court of said Johnson County.
The Grand Jury returned into court, and presented the following indict- ments : One against Henry E. Switzer, for burglary ; one against John Scott, James Scott, Prior Scott, William Donohoo, Hugh Martin, Joseph Carraway and Robert Osborn, for riot ; one against Rufus H. Lucore, mayhem; one against William K. Farnsworth, setting prairie on fire; one against Joseph Barnett, riot ; one against Jacob Lebo, for riot ; one against William Mofly, for horse stealing.
The first jury trial was in the case of H. C. Dill vs. John Barnett, appeal from a Justice of the Peace. The jury were, David A. Woodbridge, Isaac Carroll, George W. Gray, Bartimeas McGonegal, John McCloud, Stephen Osborn, John Long, James W. Maynard, John Margrove, Ira Sammons, John Crow and Joseph Carraway. After listening to the testimony of witnesses and the argument of counsel, the jury retired to consider their verdict, which resulted in finding the issue in favor of the plaintiff.
The first criminal trial was that of the Territory vs. William K. Farns- worth, indicted for setting a prairie on fire. The jury were, David A. Wood- bridge, Isaac Carroll, George W. Gray, Bartimeas McGonegal, John G. McCloud, Thomas Goudy, A. B. Mason, John Long, James W. Margrove, John Margrove, Ira Simmons and John Crow. The jury returned a verdict of not guilty.
There are doubtless some of the older residents of Linn County now living who recall the robbery of the residence of John Goudy by Henry E. Switzer and his associates-an offense for which Switzer was indicted at the first session of this court. To those above mentioned, a sketch of this bold man would prove interesting. It will be found in another portion of this work, under the head of "The Age of Outlawry."
The following entry was made at that term : " And now comes Peter Gar- ron and makes this solemn declaration under oath, and saith that he is 25 years of age; that he has been a resident of the United States of America five years ; and that he now resides in the county of Linn, in this Territory ; that he was formerly a citizen and subject of Scotland, of the United King- dom of England and Ireland ; that it is his bona fide intention to renounce all fidelity or allegiance to any foreign Prince or power, and more especially Victoria, the present reigning queen of Great Britain ; and that it is his bona fide inten- tion to become a true, lawful and faithful citizen of the United States of America ; to preserve inviolate and strictly adhere to and comply with the constitution and laws."
The first attempt at procuring a divorce was in the case of Dyer Usher vs. Mary Usher, brought at the October term, 1842. The court ordered that a
396
HISTORY OF LINN COUNTY.
+
notice of the pendency of this petition be published eight consecutive weeks in the Iowa City Standard. At the September term, 1843, it appearing to the court that his order had not been complied with, he ordered the case dismissed at plaintiff's cost.
The first divorce that was granted in Linn County was upon the petition of Parthena C. Hewit vs. Abram Hewit, at the March term, 1844.
THE CIRCUIT COURT.
Subject to an act of the Legislature of the State, approved April 3, 1868, entitled " An Act creating Circuit and General Courts and defining the pow- ers and jurisdiction thereof," the county of Linn became a part of the Second Circuit of the Eighth Judicial District. The circuit consisted of Cedar, Linn and Jones Counties. Hon. Sylvanus Yates was elected Judge.
The first term was held at Marion, January 25, 1869. John G. Hayzlett, Sheriff; William G. Thompson, Prosecuting Attorney ; and Andrew J. McKean, Clerk.
The first jury consisted of E. B. Dawson, Daniel Camp, James Berry, Silas Conkling, J. D. Hays, Thomas Dill, Abraham Stookey, William Black- nell, C. C. Haskin, Allen Lutz, William Stick and L. H. Marshall. E. H. Mason, Elijah Upton, A. J. Gibson and Joseph G. Brush were summoned in place of Daniel Camp, E. B. Dawson and H. D. Metcalf, excused.
The first case on record was that of E. Latham vs. Joseph Music. The parties settled their 'difficulties before the case came to trial. The first jury trial was in the case of Joseph Plane vs. Joseph Buchelter, cause not recorded. Decision for plaintiff by the above jury.
The Legislature of 1872 enacted a law re-organizing the geographical boundaries of the Circuit Court. At present, the circuit is composed of Cedar, Linn, Jones, Johnson, Iowa, Tama and Benton Counties. The same territory composes the District Court, and both branches of the judiciary are designated as the Eighth Circuit and District Courts respectively, with Hon. John McKane as Judge of the former and Hon. John Shane as Judge of the latter.
CRIMINAL MENTION.
It is neither pleasant nor profitable to uncover the darker pages of the early records. Prudence teaches that it is better to devote the space which might be filled with traditionary recitals to the more satisfactory work of treating braver and better topics. History shows that deeds of cowardice and treachery are more numerous than deeds of benevolence, and that no region is so primitive but that the assassin's hand is raised against his fellow man. Accepting facts as they are, but exercising the discretionary power of one whose province enables him to exclude all other evidence, the writer purposely ignores the vague rumors of violence which serve no other purpose than to satisfy a morbid curiosity, and transcribes those cases which form a part of the court history of the county. It is proper to state, in passing to these brief extracts, that no omission is here made of any event which exercised an influence upon public affairs or affected the life story of any one whose name is identified with the development of Linn County.
REED-CARNAGY MURDER.
The first murder ever committed in this county occurred at Marion, on the 20th of March, 1847. A man named James Reed brutally assaulted Nathaniel
397
HISTORY OF LINN COUNTY.
Carnagy with a billet of wood, and inflicted injuries from which the latter died April 3d. It appears that Reed had been drinking heavily all day and had grown quarrelsome. Meeting Carnagy, he renewed an old feud and indulged in abusive language. Subsequently, Reed followed his victim into a saloon and there delivered the blows which proved fatal to Carnagy. Reed was arrested and indicted at the June term of court, 1847, but the trial was postponed until the April term following. The jury adjudged Reed not guilty, with that free- dom which characterizes so many juries in similar cases.
BUTLER-O'CONNOR MURDER.
The next murder was that for which Samuel Butler was indicted at the September term of court (1856), for the killing of Patrick O'Connor. The deed was committed Oct. 8, 1855. There had existed some difficulty between these parties for a long time, growing out of a dispute over a quantity of corn. On the 8th of October, the men met on a public highway in Buffalo Township. A quarrel ensued, terminating in a struggle. Butler struck O'Con- nor over the head with a gun, fracturing his skull and killing him instantly. Butler's trial came on at a special term, November, 1856. Nathaniel G. Hub- bard prosecuted, and Preston & Cook defended. During the progress of the trial one of the jurors became so ill that the court dismissed the panel and ordered a new jury into the box. The trial occupied four days, and resulted in a verdict of not guilty.
DECKLATS-AKERS MURDER.
Decklats was indicted at the March term of 1865, for the murder of John Clark Akers, on the night of December 24, 1864, in a saloon in Cedar Rapids, by firing the contents of one chamber of a revolver into Akers' breast, produ- cing instant death. Akers was a young man, and he, with others, had been indulging in a carousal. The parties were more or less under the influence of liquor. In the earlier part of the evening they had drank at Decklats' saloon. During the course of the evening, Akers learned that Decklats accused him of stealing his tumblers. This was near 11 P. M. Akers and others went to Decklats' saloon and called on him for something to drink. Decklats told them to go away ; that Akers could not get anything to drink from him; that he ( Akers) had stolen his tumblers. Akers retorted by calling Decklats a liar, and also stating that he had put down a dollar for liquor and had received no change. Finally Akers made an assault upon Decklats, and the latter took a revolver from a shelf and fired, the ball striking Akers and killing him instantly. Deck- lats' trial commenced May 31, 1865, William G. Thompson Attorney for the State. The jury returned a verdict of guilty, and the prisoner's punishment was fixed at sixteen years in the penitentiary. An appeal was taken to the Su- preme Court. This Court affirmed the decision of the Court below, and reduced the sentence to ten years, instead of sixteen.
THE FELTER UXORICIDE.
One of the most revolting crimes in the annals of the State is the murder of a woman named Felter, by her husband, Abram Felter, in 1865. The cul- prit was about forty years of age, and resided, with his wife and child, on a farm in Tama County. The case is a part of the records of Linn County, although the crime was committed elsewhere. The forenoon of the fatal day was marked by no unusual occurrence, but during the afternoon, neighbors were attracted to the spot by evidences of a conflagration. The spectacle
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HISTORY OF LINN COUNTY.
which presented itself to their eyes, as they neared the cursed spot, was of a character to remain indelibly impressed on their memories. The Felter house Was in ashes, and lying close to the ruins was the naked body of the unfortu- nate woman. One foot was consumed, and the position of the corpse was such as to excite gravest suspicions. A more careful investigation revealed the hor- rible fact that Mrs. Felter had sustained injuries from which she had died prior to the fire, and that the destruction of the building was manifestly to conceal a most heinous crime. The skull of the victim had been beaten in with some heavy instrument. The defendant himself was found (although he had been seen walk- ing around by persons when apprcaching the premises) lying near some stacks, with his throat cut from ear to ear, and exhausted from loss of blood. The only witness to the terrible crime was a young daughter of the defendant, and she saw but a portion of the crime. The defendent was arrested and indicted, but was granted a change of venue to Benton County, where he was tried in March, 1867. The jury returned a verdict of guilty. and he was sentenced to the penitentiary for life. An appeal was taken to the Supreme Court and the decision of the Benton County District Court was reversed and the case remanded for a new trial. A second change of venue was granted the prisoner. and this time it was brought to Linn County, where the case was again tried in March, 1869. A verdict of guilty of murder in the second degree was returned, and the prisoner was sentenced to the penitentiary for life. Again the case was taken to the Supreme Court, and this time the decision of the Linn District Court was affirmed.
LANGSDALE-BARNES MURDER.
William Langsdale was indicted at the November term, 1872, for the kill- ing of Joseph Barnes, by firing a revolver charged with powder and ball into Barnes' person, on the 19th of July, 1872, in Langsdale's store, in Center Point, Linn County. The testimony filed in the office of the Clerk seems to indicate that Barnes was comparatively a stranger to those present, and was under the influence of liquor. "A stranger entered the store and said he wanted to see the little man with the mustache, and walked up to Mr. Randall and had some conversation with him, when suddenly Barnes struck Randall in the face with his hand, and then a general fight commenced." Langsdale was standing behind the counter, and during the fight a pistol shot was heard ring- ing on the air, and Barnes said " I am shot." Barnes was taken to the office of a physician, where he died in a few minutes. Langsdale was tried at the March term, 1873. William G. Thompson prosecuted, and Preston & Son defended the prisoner. A verdict of not guilty was returned.
THE MASSINO WIFE MURDER.
Frank Massino was a Bohemian, residing in Cedar Rapids with his wife and family. Massino had been in the habit of frequenting the house of another Bohemian woman, and his wife remonstrated about his intimacy with other women. Massino became jealous of her, which culminated, on the night of July 9, 1873, in her death by the hands of her husband. He fired the con- tents of a loaded shot gun into her person. He was indicted at the October term, 1873, and tried at the same term. He was found guilty and sentenced to the penitentiary for life. W. G. Thompson prosecuted and Charles Lee Murray defended.
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HISTORY OF LINN COUNTY.
INDIAN SCARE.
The early settlers of Linn County never had any serious trouble with the Indians, although there were great numbers of them in the county, going and coming at their own convenience at all times. This was no doubt owing to the fact that there were many amongst the pioneer whites who were just and humane in their intercourse with the "children of the forest," and thus gained their confidence and respect. Thomas W. Campbell, who settled on Big Creek at an early day, became especially conspicuous for his control over the Indians. They would encamp in large numbers in his vicinity, staying weeks or months at a time: but his rights of property were always scrupulously guarded and respected by the red men. Campbell settled many disputes between them and the whites, which might afterward have resulted seriously, and his decisions were never appealed from.
In the Spring of 1847, a ridiculous scare took place, which is worthy of a corner in history. There had been rumors of Indian outrages on the settlers of the new western counties, and many of our citizens, especially those who had recently come in, were fearful that Linn County would be visited by the savages.
One afternoon a man rode into Marion, bringing the news that the Indians had crossed Cedar River in large numbers near the old town of Westport, and were burning, killing and pillaging all before them. The messenger was bare- headed, had ridden hard and fast, and was laboring under great excitement, and, of course, his story created a commotion at once. The Court House was. the first thought of all, and it was decided to make it the Thermopylæ of defense in case the savages should attack the town. The country people in the section supposed to be the scene of conflict, fled from their homes and came to Marion. By 10 o'clock at night, the town was filled with men, women and children, and still upon all the roads leading from the south and east, the stream of fright- ened humanity kept pouring in.
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