The history of Polk County, Iowa : containing a history of the county, its cities, towns, &c., biographical sketches of its citizens, war record of its volunteers in the late rebellion, general and local statistics, portraits of early settlers and prominent men, Part 90

Author: Union Historical Company, Des Moines, pub
Publication date: 1880
Publisher: Des Moines, Iowa : Union Historical Co.
Number of Pages: 1074

USA > Iowa > Polk County > The history of Polk County, Iowa : containing a history of the county, its cities, towns, &c., biographical sketches of its citizens, war record of its volunteers in the late rebellion, general and local statistics, portraits of early settlers and prominent men > Part 90

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Everybody in Des Moines knows Mr. Milner, the vegetable man, who lives in the north part of the city. He went into court one day with his hat on. The Judge ordered the bailiff to arrest him. When he informed the court that he was a Quaker, and always wore his hat in meetings, " Well, sit down, then, with your hat on," said the Judge. It was not long before Milner forgot his Quaker principles, took off his hat, and laid it aside. The Judge discovered it, and sharply said, "Mr. Quaker, put your hat on, and keep it on." Milner obeyed, and to this day he gets mad whenever he thinks of it.

At another time Barlow Granger started to leave the court-room with his hat on. The Judge ordered the Sheriff to arrest and bring him back, and as he reached Barlow, gave him the cue. Barlow wheeled about and marched straight up to the Judge with his hat on.

"Didn't you know you were in contempt of court for wearing your hat in the court-room ?" said the Judge.

"My religious principles are such," said Barlow, " I never take off my hat except in the presence of my maker and to sleep. I am a Friend."

"Friend of what?" said " Mac."

"I'm a Quaker," said Barlow.

"Oh! a Quaker, are you? Well, take your seat, Mr. Quaker, and keep your d-d hat on if you want to," ordered the court.

The Judge died at Boone in 1863, a victim of his bibulous habits. He was a good Judge. His decisions were sound, and rarely reversed by the Supreme Court. With all his rough exterior, he possessed a kind heart and generous nature.

The early justices of the peace in Des Moines afford abundant amuse- ment to the historian. Their records are some of them really curiosities. Witness the following:

"adison Cave V. S.

"parry ware, in a ple of a debt on a note of hand of five dollars and 17} Cent. Summons Ishued on the 2 december 1847. Summons Returned on the 9 deCember, 1847. the 9 day set for trial and the defendent did not

739

HISTORY OF POLK COUNTY.

appear. therefore Judgement is rendered by default for five dollars and 172 Cents and Costs of Sute this 9 deCember 1847.

J. P.

deCember 24, 1847.

exeCution on the above Judgment the 24 was ishued. exeCution Re- turned on the 15 Januer and no property found whereon to levy. J. P. "Mortain Monahan V. S.

"Adeson MiChel in a ple of debt on an open a Count of twelve dollars and fifty Cents Summons Ishued on the 21 day of Febary 1849 and Returned on the 1 day of MarCh, 1849, and the plantf appeared and then did not ap- peare and the cause being fully heard and it appeared that the defendant haS been duly Surved with prosess. tharefore Judgment is Rendered for the plen- tiff for twelve dollars and fifty cents and costs taxed at $1.67ª "this first of MarCh, A. D. 1849. 65 J. P."

The following case shows a novel feature in criminal practice: "State of iowa Vs.

"Charles Myers in this caus the Defendant not put on his trial as it appeared that there would not be eny evedence against him. J. P."

In the docket of Joseph Deford the first case entered is, to-wit: "James Cammel and Crews

"david harman vS.

"in ple of debt on a note of hand of three dollars sixteen cents, tharefore the said harman came on the 8 day of October and Confessed Judgement on the above named note, and Judgement is rendered in favor of the Said Cammel and Crews for three dollars and sixteen cents this 8 October 1847, by me.

"J. DEFORD J P."

The Esquire evidently run a corner grocery, for in the back part of his record is a record of store accounts, a few items of which are herein trans- ferred that the prices of those days may be compared with the present:

"July 9, 1844, John W. McCasker, 8 yds calico, 25c. $2.00

John Roberson, 3 yards calico .75

Wm. Nickels, 16 yds. calico. 4.00

66 John B. Nicewander, 1 bush. corn 1.00

Later, when the town had become a little more enlightened and acces sions had been made to the bar, the following case gained considerable notoriety and created not a little amusement:

William Oakes was a busy, speculative genius, who, somehow, through intent or forgetfulness, had numerous little balances of accounts unpaid among his neighbors, among whom were Reuben Davis and Wyatt Brown-

740

HISTORY OF POLK COUNTY.

lee. One day Oakes went to Boone on business, when Davis brought an attachment suit against him, before Madison Young. Judgment was ren- dered against Oakes, execution issued, a cow was attached, and sold by the constable to W. D. Corkeram, for sixteen dollars. When Oakes returned he went to Hon. Curtis Bates for counsel. The cow was replevined on a writ issued by Esquire McClelland, and returned to Oakes, on the ground that the cow was exempt from execution. Corkeram was therefore minus the money he had paid for the cow, and to recover it he brought an action against Davis, who had attached the cow, and Brownlee, who was a witness in the attachment suit before Young. The following is a copy of the account on which the action was based:

"FEB. 21st, 1853.

" Reuben Davis and Wyatt Brownlee, "To Wm. D. Corkeram, Dr .:

"To cash paid for cow at constable's sale .. $16.00

costs of suit before Wm. McClelland, Esq .. 5.00

keeping cow four weeks .. 4.00

expenses in prosecuting and defending suits 15.00

$40.00

Madison Young appeared as counsel for Corkeram; Bates and Jewett appeared for Davis and Brownlee, the defendants. To Corkeram's petition, asking for judgment, Davis made answer as follows:

"WM. D. CORKERAM vs. "REUBEN DAVIS and and for the township of Des Moines, Polk county, and State of Iowa.

Before W. McClelland, a Justice of the Peace, within

"WYATT BROWNLEE.

The separate answer of Reuben Davis to a petition filed against him in the above suit :

" And for answer in said plaintiff's account, or petition first specified, defendant says: That the defendant never was a constable, nor a deputy; nor did he ever officiate as one; nor did he ever directly or indirectly sell, bargain or contract, to sell, bargain or convey to said plaintiff any cow, bull, calf, steer, or any other animal of that species, either as constable, deputy constable, sheriff, deputy sheriff, or in the character of any other officer, either judicial, ministerial or executive, or as a private person for himself or anybody else, either as principal or agent.

" And though said cow might have been sold And paid for in American gold; Yet this defendant never did, Ever sell, or take another's bill.

" And as to the second count in said plaintiff's account or petition speci- fied, this defendant, for answer, says: That he never was chosen either as plaintiff or defendant, in any suit at law, or equity, which was tried before

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HISTORY OF POLK COUNTY.

said justice of the peace, and if he ever was a party it was bold-faced mean- ness and transparent folly, not to inform him of it.

"And that a suit could e'er be tried, And the parties never notified, Is clearly wrong; and this court sees That we are not liable for the fees.

" And as to the third charge in plaintiff's account or petition specified, defendant for answer says: That he never employed said plaintiff to keep a cow for him; that he paid him for all the keeping of cows that he ever did for this defendant; and lastly, that this defendant never had any cow that plaintiff could have kept.

"And why this defendant should be dunned For keeping of cows he never owned, Or which he never agreed to pay, Is all submitted for the court to say.

" And as to the fourth and last charge in plaintiff's account or petition specified, this defendant for answer says: That he never employed said plaintiff to either defend or prosecute a suit for this defendant; that the last time he did employ him, he managed it so badly that he was not enti- tled to any fees, and that this defendant has paid him all his services were worth:

"And to charge this party with that load, Is not according to the "Code "; And the only way to end it, Is to render judgment for defendant.

" J. E. JEWETT, "Attorney for Davis."

Mr. Brownlee made answer to the petition, to-wit:

"WM. D. CORKERAM vs. . Des Moines Township, Polk county, Iowa, February 23, 1853.

"REUBEN DAVIS and "WYATT BROWNLEE.

" Now, as you see, Comes the defendant, Brownlee, And on his own hook defends, Because he seriously contends That he is not indebted, As by said Corkeram stated.

" 'Persons having adverse interests to plaintiff, May, as defendants, be joined,' says the Code; And to join those having unity Of interest, is the true mode. But Brownlee doth most seriously declare, That he never joined with Davis in any affair, And why he is joined in the suit now pending, Is far beyond his comprehending ..

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HISTORY OF POLK COUNTY.

" Plaintiff's bill charges the defendant sixteen dollars, As cash paid by him for a cow,

Which (as we gather from what follows) He bought at a constable's sale, somehow-

When she was offered as the property of the poor man Oakes, And being his only cow the sale turned out a hoax.

" That Corkeram, in good faith to the constable His money paid, isn't denied;

Nor that the money was to the payment Of Davis' judgment applied.

But what of that? This defendant was but a witness, No party to the suit-

Though he fed, for a short time, The old, dumb brute.

But neither this, Nor the receipt of his fees,

Could make him jointly liable With Davis, if the court please,

Nor is he liable to Corkeram, In any event:

He therefore prays for costs And for judgment.

"WYATT BROWNLEE. "By his Attorney, "C. BATES."

Judgment was rendered for the defendants. Oakes kept his cow; Davis kept the money which Corkeram paid for the cow at the sale; Corkeram lost the money he gave for the cow, lost the cow, lost the four dollars pas- turage, and lost the sixteen dollars expenses for lawsuits. It was always a mystery to him how a man could thus pay another man's debts and not get any equivalent. He never could understand it.

August 9, 1850, the Gazette notices the great improvements made in the town. On Second street-the "Chestnut street " of the burg-a new side- walk had been laid by Lyon & Allen, the finest laid in Des Moines; a new building was going up on the corner of Vine and Second, which was the advance point of business at that time.

Personal journalism was very much the same in early days as now. In the Journal of March 21, 1851, Judge Williamson, the editor, says to the Star: " We never entertained, for a moment, the idea of chastising 'Granny ' Bates, much less his blooming nosed sub-editor."

Sportsmen are reminded that elk hunters, on the 18th of June, 1850, went up 'Coon river for elk calves, and the Gazette says they returned with five calves. They captured four more, but they died. They found deer and elk plenty, but no buffalo.

In November, 1858, A. Garver, Francis M. Beck, Joseph Fagan and Jacob Byers were paid $1.50 each for wildcat scalps.

January 28, 1869, Wesley Redhead brought the first velocipede to Des Moines.

The first car-load of wheat was shipped from Des Moines to Chicago by Warren & Graham, September 4, 1867.

The first Irishman who set his foot in Des Moines, was Michael McTighe, and he is still a resident, jovial and jolly.

The first white child born in the county, and in the territory which is now a part of the city, was that of J. M. Thrift, who was the first tailor in the town.

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HISTORY OF POLK COUNTY.

The United States Land Office was located at Des Moines, January 28, 1853, George S. Nightingale, Register, and Eliphalet Price, Receiver. The land sales in those days were enormous. The receipts frequently amounting to $25,000 in gold. There was some trouble with claim agents at first, but the united and firm action of the Settler's Claim Association, put a quietus on them very soon. One of them, named Bates, came, and with much pomposity stood about the tavern, declaring he had money, and so far as it went, he would buy claims. He would let the people know he could not be scared from buying claims allowed by law. When the sale began on Court Avenue, in front of the present City Auditor's office, Bates made a bid on a settler's claim in Walnut township. Instantly he was surrounded by a group of determined men, a couple of old rails were placed perpendic- ularly before him, flanked by several old shot-guns. He was invited to take a walk down to the river, which he reluctantly accepted, after taking a survey of the gentlemen who invited him. He was placed on a seat, where he was kept under guard the whole day. At night he made a pledge that he would not further interfere with settler's claims, and he was released. There was, thenceforward, no further molestation of settlers by speculators or claim-jumpers.

It may interest the ladies to know that the first sewing society was or- ganized in Des Moines in January, 1850. Its object was to raise money for church purposes. Several ladies who were present at that meeting, are now living in the city, and often revert to the joyous meeting had in those early times.

The first gunsmith in Des Moines, was A. E. Gray, who was employed at the garrison. He says that Joseph Smart, was employed as an in- terpreter by the Indian agent, Major Beach, whenever a pow-wow was held, and who also was a trader with the Indians. He took a Fox squaw for a wife, by whom he had two daughters. He made money and went to Missouri, where he purchased two slave women, whom he brought to the Forks. When he got through with them, he took them South and sold them. It has been the boast of the people of Iowa, that her soil was never cursed with the presence of human slavery, but this incident will debar the State from the proud distinction, as will also be further seen by the first case in Morris' Iowa Reports, where a slave named Ralph was permitted by his master, Montgomery, to come from Missouri to Dubuque, in 1834, where he was to work and earn money to buy his freedom. He failed to pay the money, when Montgomery attempted to return him to Missouri. Ralph was brought before Judge Mason, Chief Justice of the Supreme Court, who set him at liberty, on the ground that his master, having as- sented to his coming to a free State, he could not afterward exercise any. ownership in him. This was the first case decided by the Supreme Court of Iowa, as it was the first case involving the doctrines embraced in the Mis- souri Compromise of 1820.

In 1848 blackberries were gathered where the Capital City Hotel now stands, and wild duck were shot in a slough where the Chicago, Rock Is- land & Pacific Railroad depot now is.

The early settlers were considerably troubled Sabbath morning about getting to church on time. Lamp. Sherman, in his usually practical man- ner, in Gazette of August 29, 1850, says: "Why not ring some of the bells for meeting time? All have not clocks, and nobody knows when to go. One does not like to go and wait for the preacher, or go half an hour late

744

HISTORY OF POLK COUNTY.

and lose the sermon. Why not ring the tavern bell ?" As then, the town was governed by dual time-the sun and a few clocks. So at the present time a double system prevails, one portion of the people being governed by railroad time, the other by mean time, or twenty minutes behind the other.

The first nine pin alley in Des Moines, was located where White's mill now is, and was a very popular place of resort. It was erected by Nathan- iel Campbell.

The first drayman in town was Michael Kennedy, who started in 1853. The first steam-power used for printing was introduced by John Tees- dale.

The first steam-power used in a mill, was by C. C. Van, in the old mill, the ruins of which may be seen a short distance south of 'Coon bridge.

The first stove store was opened by A. F. Dicks, in 1849.

The early history of bridges has been briefly referred to on page 434. The record properly belongs to Des Moines. The first bridge across Des Moines river, at Court Avenue, was erected by U. B. White, as engineer, in the winter of 1857-8, of wood. It was re-built in 1866 by White & Turner, and in the spring of 1869 was carried away by a freshet. In 1870 the present iron bridge was erected by the city. In 1866 the first bridge was erected over Des Moines river at Walnut street, by Judge T. H. Na- pier. It was of the Howe truss pattern, and was formally opened to the public October 23. Col. S. F. Spofford was the first person who crossed it with a horse and buggy, and Mr. Spofford has the first money received for toll now in his possession. The same year the east truss was broken down by a drove of horses. It was temporarily repaired. In November, 1867, it was made a free bridge, and Col. Spofford secured the last toll taken, which was in the United States fractional currency of that time. In 1871 it was superseded by the present iron bridge, by the city, and made a toll bridge. In 1862 White & Turner erected the first bridge over the 'Coon river, at the junction of West Front street. In February, 1865, it was car- ried away by high water, and re-built in July of that year, by Dr. Turner, with the aid of subscriptions by people living in Bloomfield township, on condition it was to be a free bridge. In 1868, Dr. Turner conveyed it by deed to the city, in trust for the public, to be forever a free bridge. When the other bridges came into the control of the city and became toll bridges, in 1871, it was discovered that 'Coon bridge could not be tolled. To evade the public right, the city, very gravely decided the bridge was unsafe for public travel, condemned it and ordered it removed; whereupon a posse of people from Bloomfield swooped down on the city employes drove them off, and relaid the flooring. The mayor, Tuttle, went down and read the riot act to them and for a day or two there was good prospect for an internecine war of considerable proportions, but wise counsel pre- vailed and bloodshed was averted. The old bridge was taken down, a new one erected, and is the only wooden bridge owned by the city. In 1871 the city granted to the Chicago, Rock Island & Pacific Railroad Company the right to construct a bridge across 'Coon river at Seventh street, with a wagon track thereon, and a combination wooden truss was erected. In 1868 the Chicago, Rock Island & Pacific Railroad Company erected a wooden truss bridge across Des Moines river at Vine street, which the present year was superseded by a massive double-track iron bridge. In 1868 the Des Moines Valley Railroad Company erected a wooden truss

745

HISTORY OF POLK COUNTY.

bridge across Des Moines river at Market street, which, in 1878, was su- perseded by an iron bridge. In the spring of the present year, the Chi- cago, Burlington & Quincy Railroad Company erected an iron bridge across the Des Moines river, to connect with their depot grounds, at Elm street. Few cities of the West have so many and valuable bridges as Des Moines. They have cost nearly $300,000, and have imposed a heavy burden of debt upon the city.

The first power printing press set up in Des Moines was by T. H. Syph- erd, in 1856, and the Citizen was printed on it. It was known as the Guernsey patent, which had an extensive sale for a few years, but was proven too frail to be driven by steam, and had to give way to the demands of a fast age and more durable machinery.

Of the old barrack buildings there are but two now in existence. One is standing in the rear of the old Demoine House barn, on Front street, and is occupied by Thomas French, or "Uncle" French, as he is familiarly called. The other stands near the Keokuk & Des Moines railroad track, on Second street. Both are enclosed with weatherboarding. During the present summer there was torn down, between Market and Elm streets, near Fifth, one of the old landmarks of the earliest settlement. It was a house erected of hewn logs, by Thomas Mitchell, in 1847. Three stalwart poplar trees stood near it. The C., B. & Q. Railroad Company required the ground for depot purposes, and the old relic had to go down before the march of the iron horse. Thus one by one are passing away the links which bind the past to the present. Soon they will exist only in memory.

The first piano to vibrate in the air of the classic "Forks" was brought by Capt. F. R. West, when he came with his family. It was an antiquated affair.

The first ice dealer in the town was Ed. Clapp, who erected an ice-house above the dam, which is now occupied by A. Grefe & Sons.

There is a difference of opinion among the old settlers as to who built the first frame dwelling in the town. It is stated by some that Addison Michael erected the first, near and east of where now stands the building formerly occupied by the Skinner Plow Works, on Elm street, while W. W. Jones says it was what is now a part of the Monitor House, on Third street.

The first brick building erected was the old court-house, on Cherry street, where Central Block now stands. The second was erected by Dr. James Campbell, in the fall of 1855, and is still standing, near 'Coon river bridge.

The first brick dwelling-house was erected by L. D. Winchester, on the West Side of Des Moines river, in 1850. It was on the corner where the Valley Bank now is, and was torn down in 1879. In that house W. W. Moore was married.

The first brick dwelling on the East Side was erected by Dr. T. K. Brooks, in 1851.

The first case tried in a justice's court in the township was before Addi- son Michael. The United States was plaintiff and Campbell Rieves defend- ant. It was an action to recover stolen property. The Sheriff made return that neither the goods nor the thief could be found. Rieves was a wide-awake man, of fine personal appearance, but considered as having very loose no-

746

HISTORY OF POLK COUNTY.

tions of the rights of personal property. He was strongly suspected of having personal knowledge of the mysterious and frequent disappearance of horses in this section. One day a company of one hundred horsemen with a wagon filed into town from the south, much to the consternation of the settlers. They proceeded quietly to Rieves' house, in the west part of town, which they surrounded, and invited Rieves to come out. He ap- peared, when he was requested to take a seat in the wagon, which he promptly did, and was accompanied by several men, when the cavalcade left the town as they came, went to the west part of the State, where they released Rieves, told him to point his face to the west and stop not until he had crossed Missouri river, and never make his appearance in Iowa again. He went and subsequently turned up in Omaha, where he was elected sheriff, and made an efficient officer and a good citizen. Esquire Michael's record is now in possession of Judge Napier.

The first citizens' store was opened by B. T. Hoxie, in 1846, on the East Side, near where the woolen mill now is.

The first blacksmith in town was William Deford, whose shop was not far from Aulmann's Brewery.

The first legalized traffic in intoxicating liquors was ordered by the County Commissioners August 29, 1855. There was considerable difficulty in finding a suitable place in which to keep the "critter." "Hod" Bush owned the only safe quarters, and Judge Napier made an order that " Hod" be allowed $325 for his building; the spiritus frumenti was duly deposited therein, and "Hod" was appointed the agent to dispense it under lawful restrictions. An inspection of Hod's books shows a vast amount of sick- ness in those days, requiring an uncommon amount of stimulants.

The first photographer was G. L. Reynolds, who opened a gallery in 1856.

The first drug store was kept by Dr. F. C. Grimmell, who left Perry county, Ohio, with a one-horse buggy, one-horse wagon, two-horse wagon, three-horse wagon and four-horse wagon, loaded with his family, consisting of himself, wife, five children, household goods, and stock of drugs. They arrived at Des Moines October 15, 1846. No houses were to be had, and the old garrison guard-house was secured, consisting of two rooms about fourteen feet square, with small iron barred windows. Two sides of one room was fitted up for the storage of the drugs. In the remainder of the building were packed the family and goods. To make it comfortable dur- ing the winter, wagon sheets were tacked to the walls. In the spring of 1847 the doctor made a claim of eighty acres lying north from Sycamore to School street, west to Eighth street, and east to the alley between Fifth and Fourth streets. The old guard-house stood at the present junction of Vine and Third streets, and fronted to the south. The claim which he bought was covered with oak grubs and hazel brush so as to be almost im- possible for a man to pass through them. In the spring of 1847 he erected a cabin of hewn logs in the rear of what is now the residence of Mrs. Grim- mell, on Sixth street. He also purchased the old garrison warehouse, which stood where John Scott's residence now is, on the East Side, which was built entirely of black walnut. This he took down and moved to the lot where the Sisters of Charity now live, and rebuilt it for a stable. He immediately began the erection of a frame house in front of his log cabin. This was a regular mill frame, in down-East style, and so firmly built that the carpenters declared it could be rolled all over the town without coming

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The history of Polk County, Iowa : containing a history of the county, its cities, towns, &c., biographical sketches of its citizens, war record of its volunteers in the late rebellion, general and local statistics, portraits of early settlers and prominent men, Part 90

Author: Union Historical Company, Des Moines, pub Publication date: 1880 Publisher: Des Moines, Iowa : Union Historical Co. Number of Pages: 1074

Author: Union Historical Company, Des Moines, pub
Publication date: 1880
Publisher: Des Moines, Iowa : Union Historical Co.
Number of Pages: 1074