Wolfe's history of Clinton County, Iowa, Volume 1, Part 41

Author: Patrick B. Wolfe
Publication date: 1911
Publisher: Indianapolis, Ind. : B.F. Bowen & Co.
Number of Pages: 829

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THE HANGING OF WARREN.

Among the thrilling episodes connected with the history of this county is the summary taking off, by the Regulators, of Bennett Warren. Warren, with his family, lived on section 36, in Liberty township. He owned a farm there. and also kept a house of entertainment for travelers. During the days of horse thieving and counterfeit money issuing, it had become notorious that his house was a stopping place for those engaged in those unlawful practices. It was also believed that he was aiding and abetting these criminals by secret- ing them with their stolen horses, and assisting them in running them off. No sufficient evidence could be obtained, however, to convict him of active par- ticipation in these crimes. He had been indicted once for stealing the traps and peltry of a trapper who came here from the East, but was acquitted upon the trial. The impossibility, almost, of securing a conviction in consequence of the difficulty of empanelling a jury which had not some friend to the criminal upon it, had incensed the people, whose horses were being constantly stolen, beyond forbearance.

On the 24th of June, 1857, the Vigilantes, to the number of about two hundred, left their rendezvous at Big Rock, having with them two prisoners whom they had taken in Cedar county, and crossed over into Clinton county.

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Upon reaching Warren's house and finding him at home, they took him with them to a small grove near by, where the tragedy was to take place. There were no riotous proceedings, nor semblance to a mob. Everything was done with a kind of rude decorum and gravity befitting the occasion. No one was masked, or in any manner concealed his identity. Upon their arrival at the place, the "captain" or "chairman," whatever his title was, and whose author- ity was recognized by all, called the meeting to order, a jury of twelve of the number was selected by nomination, and took their places. Witnesses were sworn and testified. The jury then deliberated and returned into this court their verdict that "Bennett Warren was guilty of harboring horse thieves, knowing them to be such; and of habitually passing counterfeit money, know- ing it to be such." The jury passed no sentence, but upon the rendition of this verdict, the Captain called for an expression of all upon the following question : "Shall he be punished?" In taking this vote, those who wished to vote in the affirmative were to step to one side of the road which passed through the grove. The vote was unanimous, or nearly so, for punishing the man. The next question put was, "Shall the punishment be whipping or hanging?" and the vote was taken the same way as the previous one. At first, the majority was largely in favor of the milder punishment; but now took place a running desultory argument, pro and con. Those who favored the extreme measure said, "What satisfaction will there be in whipping an old, gray-headed man?" "What good will come of it?" "We are here to make an example that will protect our property and deter others from these crimes." As the arguments progressed, one by one, or in knots of twos and threes, the people passed over this road, so fateful to the doomed man, who was a witness to all these proceedings, until a clear majority was for the death sentence. The Captain called for a rope, which was soon forthcoming. It was placed around Warren's neck, and he was informed that his time was short, and opportunity given him to say anything he desired. If his execution- ers expected any confession, or appeal for mercy, they were disappointed, for the man was brave and died unblanched. His only reply was, "I am an old man and you can't cheat me out of many years." Men in numbers enough to run him up, grasped the rope, which had been thrown over the projecting limb of a convenient tree. Amid silence that was awe-inspiring, the signal was given, and Bennett Warren was ushered into eternity. He was taken down and carried to his house, where the men who had executed him pre- pared him for burial, and then quietly dispersed. But one arrest was made, and no proceeding taken against any of those engaged in this transaction.

The wife of Mr. Warren, it is said, she being his second wife, was the

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widow of one of the three Thayers who were hung at Buffalo for the murder of a peddler, and she was thus twice widowed by the draw of the rope. The headquarters for this organized body of Regulators was at Big Rock, a place near where the lines of Scott, Clinton and Cedar counties corner, and the mem- bers were drawn from all these counties. Upon the other hand, these free- booters who made free with the horses of the settlers, and who flooded the country with counterfeit money, were scattered through all these counties; with an apparent organization. At the same time of the hanging of Warren, the party also captured in Cedar county two men named Charles Clute and Jacob A. Warner, who were under suspicion of being engaged in stealing horses. They were taken into custody and informed that a warrant was in the hands of the leader to bring them before Justice Gates at Big Rock. The Justice was not there, and the party kept on until the residence of Warren was reached. After his trial and execution had taken place, Warner was tried and acquitted, on condition that he leave the county within ninety days and bring no suits against his captors. Clute was then arragined and acquitted and given thirty days to leave the country. After these proceedings, the court returned to Big Rock, where Clute and Warner were kept over night at Goddard's tavern, and the next morning were allowed to depart unmolested. Clute decided to leave the country and find a new home elsewhere. Warner gave him a new set of bench tools, Clute being a carpenter by trade, and he left. The tools were found soon after in Van Tuyle's store in Davenport, but no explanation is given how they got there, but from that day the family of Clute never had any tidings from him. His family inclined to the belief that he never got out of the country alive, but others, and among them the best citizens of Cedar, do not believe that he was hindered in his departure, but that he deserted his family voluntarily.

Mr. Warner failed to obey the mandate of the Vigilantes, but removed to Tipton with his family, and after a year or more returned to the Denson place, where he for many years resided, a respected citizen.

During the same year, Alonzo Gleason and Edward Soper, the former of whom had no recognized habitation, and the latter residing three miles south- east of Tipton, with three accomplices, had made several successful raids up- on the horses of that neighborhood, and had run them out of the country and sold them. Their movements became so bold and open as to bring them under suspicion. and in July. 1857, they were arrested by the civil authorities and conveyed to Tipton, where they were held in custody by Sheriff John Birely, who placed over them a guard of about twenty men. About midnight the Vigilantes, to the number of about forty men, overpowered (?) the guards,

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took the prisoners, and marched to a grove near Louden and there tried them according to the forms of this court. They were given every latitude, the right to challenge any juror, to cross-examine witnesses, etc. The people . around, numbering about two hundred, were cool and deliberate. The captives appreciated the situation and made a full confession of their guilt. The ver- dict of course was "Guilty." The question whether they should be at once hanged to death was submitted to the two hundred, and all but four voted in the affirmative. A wagon was drawn under the projecting limb of an oak tree, the fated men placed in it, the rope thrown over the limb and securely fastened. Gleason, with a profane imprecation, jumped from the wagon into eternity. When life was extinct, a grave was dug beneath the gallows, and uncoffined and unwashed, the men were buried where they died. Soper was. however, exhumed by his friends a few days after and buried in the old graveyard in Tipton.

In the fall of the same year ( 1857) Hi Roberts, who really lived in Jones county, but who was much of the time operating in and about Cedar, Scott and Clinton counties, and whose specialty was counterfeit money, having heard some threats from the Vigilantes, in a bravado spirit sent them an invitation to come and take him. He was then stopping at James W. Han- lin's, four miles northwest of Tipton. They accepted his invitation. He was taken from Hanlin's across the line into Jones county to the barn of George Saum, and there tried and hanged. Warrants were issued for the arrest of several persons implicated in this transaction, and the officers of Jones county came over into Cedar to make the arrests. No resistance was offered. and, under advice of Judge Tuthill, bonds were given for their appearance before a Jones county justice of the peace for a preliminary examination. Their bonds were signed by one hundred or more of the most stable citizens of Cedar county. At the appointed time they appeared in Jones county, accompanied by nearly two hundred citizens of Cedar and Jones, but no indictment was found against them for want of testimony, no witnesses appearing. What- ever may be thought by people of this day of the irregular and severe measures then adopted, it is certain that the grievances of these men were deep, and the results of their summary punishments corrected an abuse that had defied the established forms for protection to property. and completely broke up a band of lawless men, who had subsisted by levying upon the property of their industrious fellow citizens, and rid this section of their presence.

While upon one of their marches, the Vigilantes overtook Col. J. Van Deventer, who was a stranger here. He was well mounted and was riding alone into the west end of this county, on business connected with the rail-

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road. They accosted him, and made many inquiries as to his identity, his point of departure, his destination, etc. To these inquiries he gave courteous answers, and they then informed him that it would be necessary, as he was a stranger, to report to the "captain," and they desired him to accompany them, a request which he very readily complied with. They soon met that official, who, after a moment's conference, informed his followers that the gentleman was "all right," and that he was at liberty to depart, accompanying his remarks with profuse apologies for the detention. Mr. Van Deventer says that he continued his journey with them for several miles, their routes being the same, and that they were very companionable and gentlemenly men.

The proceedings of the Wapsie Rangers were not fully concurred in by all of the people throughout the western portion of the county, and in 1857, soon after the hanging of Warren, the Anti-Horsethief and Protection Society was organized at the Alger school house. Its expressed object was to bring to justice all thieves and counterfeiters, and press their conviction before the courts of justice, and also to prosecute all unlawful acts of violence. A depu- tation was sent to confer with the Vigilantes at Big Rock, and notice given of their aims and intents, and that their visits would not be tolerated, and they proposed to maintain the objects for which they were organized. No colli- sion, however, occurred between the two factions and, between the two, the country was cleared of horse thieves.

A story is told of Josiah Hill-familiarly known as Si Hill-one of the early settlers. After the hanging of Warren, at the instance of his sons, Monroe and Alfred, a warrant was procured for the arrest of Hendrickson, which was placed in the hands of a constable, who called Si to his assistance. The arrest was made, and Hendrickson taken to De Witt; but giving the con- stable the slip, he returned among his friends, who turned out in force to intimidate those connected with the arrest. Mr. Hill was out at Syracuse, a place then in existence on the Wapsipinicon, west of Calamus, accoutered as was his habit, with his rifle, single-barrel rifle pistol and hunting knife. As the band approached him, he accosted such as he knew in his jovial way, until they informed him of their errand, when he at once took fire and defied the entire assemblage, informing them that, when called upon by the proper officer to assist him, "he should go to it." His quiet determination was sufficient to deter those men who knew of his fearlessness, from any further attempt to intimidate him.

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THE HANGING OF BARGER.

In 1848, William Barger deliberately killed his wife at Bellevue, Jackson county, Iowa, by boring a hole through the fence and shooting her as she appeared at the door in the morning. The crime was a premeditated one and the people were greatly incensed. Under the plea that he could not have a fair trial in that county in consequence of the feeling against him, his counsel obtained a change of venue to Clinton county. At his first trial, the jury disagreed, and he was lying in jail at De Witt. under the charge of Sheriff Buchanan, awaiting another trial. At about midday, a party of men known as the "Iron Hill Vigilance Committee," rode into town, heavily armed and unmasked, and in open daylight made an attack upon the jail. Sheriff Buch- anan made a determined resistance with all the help he could secure. but he and his friends were overpowered. The Regulators then broke off the locks with sledges and placing Barger in a wagon awaiting, surrounded him with a guard of armed horsemen and proceeded to Andrew, the county seat of Jack- son county. There they hung him on a tree known as "hangman's tree." No arrests were ever made of any of the participants in the affair, though they made no attempts to conceal their identity. The public sentiment seemed to be that justice had been done.

HINER'S HANGING.

The last criminal tried before Judge Lynch's tribunal in Clinton county was James Hiner, generally known as "Old Hiner." He had been a some- what notorious criminal, and was constantly engaged in horse-stealing. On the night of June 16, 1865, a horse was stolen from J. G. Smith, of Elk River. Hiner was seen and recognized while riding the horse through Jackson county the morning after the horse was taken. A requisition was made by Governor Stone upon Governor Lewis, of Wisconsin, it having been ascertained that he was in that state. Armed with this authority, Sheriff George A. Griswold and Deputy Robert Hogle effected his arrest at Mt. Hope, Wisconsin.

On the 2d of October, 1865, they reached De Witt with their prisoner, and placed him in jail to await the examination. On their return. while at Dubuque, he was fully identified as the man who brought a mare and two colts there and sold them, they having been stolen from C. Ryan, of Lyons City, where he kept a livery stable. He had where he lived passed under the name of John Stanton, and professed to be dealing in government horses. An indictment was also resting against him in Whiteside county, Illinois, where he was wanted for crimes committed.

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On the night of October 18th, about midnight, Sheriff Griswold was awakened by a knocking at his door, and upon responding to the call with the inquiry, "Who is it?" was answered by the response "It's all right." Thinking it to be a belated constable with a prisoner or the city marshal with a culprit, he opened the door to find himself confronted by a dozen or more armed men, who quietly seized him, and entering the room where there was a dimly burning lamp, and while a part of the number took charge of the sheriff, the others took the keys to the cells, saying, "We want that man," went into the jail, unlocked Hiner's cell and took him quickly and silently out, and placing him in a wagon in waiting outside, drove rapidly away. Before leaving they securely locked everything and left all other prisoners undis- turbed. While but one wagon came to the jail, a large number of men with wagons were in waiting outside of the town until joined by their comrades with the prisoner in charge. As soon as Sheriff Griswold could raise an alarm and rally assistance, he started in pursuit of the Regulators, and made every effort to strike their trail, but without success. The question as yet was an open one as to whether Hiner had been rescued by his friends or taken by his enemies for the purpose of summary execution. The sheriff, however, upon his return from the northern part of the county, expressed the belief that Hiner had been hung and buried before daylight. Indeed, a citizen remarked to the sheriff, "Old Hiner will never steal another horse. The job was well done."

But in the following April, all doubt as to the fate of Hiner was set at rest by the discovery of his decomposed remains in Silver creek. about five miles northwest of De Witt, by a little girl who was fishing in the stream.

The verdict of the coroner's jury was, "strangled by persons unknown", and so ended the career of a life-long criminal, who had made it his business to prey upon the property of others until, incensed beyond measure, they, unjustifiably, as must be said, though not inexcusably, executed him. No arrests were ever made. nor effort to discover who were participants in the tragedy.

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CHAPTER XXXIX.

REMINISCENCES.

The readers of this volume will find the following reminiscences, written by persons residing long in Clinton county, of unusual interest, as well as valuable for future historic reference, covering as they do many topics not fully covered in the other chapters of the work.

WHEATLAND FIFTY YEARS AGO.

By Mrs. Celinda [Parker] Dutton.

The following was compiled by Mrs. Dutton in 1908 and published in a local newspaper, and is well worth preserving among the annals of Clinton county :

"I did not take up my home in Wheatland until the fall of 1865, but it was many years before that when I first saw the ground on which the town now stands. That occasion was, as I well remember, Washington's birthday in 1844. The Toronto mill had just been completed by George W. Thorn, and was dedicated, so to speak, on the day in question by a ball which was a memorable event for many years after by reason of the large crowd present and the distant points from which its members assembled. People were there from Dubuque, from Muscatine, from Tipton, Davenport, and De Witt, and all the intervening country. I was a very young girl at the time and went to the ball in company with my older brother and his wife. We set out from Posten's Grove, on Rock creek, late in the forenoon in a wagon, and early in the afternoon forded Yankee run at a point about a mile above the present wagon bridge. From the point where we forded there wasn't a house nor sign of habitation visible in any direction. To the eastward where Wheat- land now lies, was then merely open rolling prairie dotted with patches of snow. Here and there clumps of prairie grass of the season before, sere and dead, still stood erect. There had been a thaw and the roads were heavy and bad (they were always bad in those days, as I recall them) and as we paused a few minutes on this side of the creek, the wide expanse of unoccupied country around impressed me as being peculiarly lonesome and desolate. I had no thought that the country would be settled within my observation. The first

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house we passed on our northward progress stood on the Dickerman place, a few rods south of where Edw. Hart now resides. We arrived at the mill in due season, and about four o'clock in the afternoon the dance began. It con- tinued with pioneer vigor, amid many scenes of early day hospitality, gayety and high spirits, until well along in the forenoon of the following day.

"It was probably in the neighborhood of ten years after the dedicatory ball that I obtained my first view of the site of Wheatland from another and nearer quarter. In company with George Goddard and wife, I started from the Goddard homestead, west of Big Rock, early one bright and beautiful autumn morning destined for the Big Bend, as the scope of bottom grass and timber land lying in the wide eastward circle of the river a half mile north of the Calamus road was then, and I believe still is called. I may say in passing, that the Big Bend was a favorite ground for the hunters of those days, as it is for those of the present time. More than one deer has my brother shot in the wooded openings bordered by the curving river, and more than once, after he had swung the hind quarter of the animal across his shoulders and borne them home afoot, he found, when he returned for the fore quarters, that the wolves had preceded him and made off with his game. The object of our journey, though, was to gather wild grapes. We were in a wagon drawn this time by a yoke of oxen. We crossed Yankee run at the same place as before, for the creek bottoms to the eastward were an impassable marsh. We proceeded eastward, keeping at the foot of the high ground and following close to the margin of the creek bottoms. The gradual upward slope to the north of us where our little town afterwards rose into being was then, as when I had first beheld it, an unbroken prairie, with no sign of house, fence or road. Tall waving prairie grass covered all the ground as it had apparently since primeval times. But a little farther eastward we discovered the evidence of approaching change. At a point some thirty or forty rods northwest of where the railway crossing is now situated a log cabin was being erected, as we afterwards learned, by the late Franz Homrighausen. The walls were almost completed, and the owner was then engaged in hauling the last logs from the timber near the river. The settler had chosen what was then a beautiful and picturesque spot for his cabin in a sheltering, green verdured depression with a lakelet of clear water in front of it. The ground where it stood has long since been under the plow, but evidences of the homestead and · adjacent orchard were still present in the late seventies.

"I had almost forgotten about the grapes, but I may say that we got a cartload of them and enjoyed wild grapes until well into the winter."

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RETROSPECTION AND REMINISCENCES.

(By W. D. Eaton, of The Clinton Mirror.)

Writing of a town on the map under another name-"poor dead and damned old Lyons," as the late General McCoy, a former resident, phrased it-may be something like preparing and printing an obituary of a man for himself and family to read and criticise; but the publishers of this history of Clinton county call for a "sketch."

This chapter is not historical or biographical, but retrospective and reminiscent, with few dates or statistics, for all which turn to other chapters, -and yet with an adherence to facts as the writer understands them.

Lyons ground was settled upon in 1835 by Elijah Buell, who, in acting as second mate on a steamboat running between St. Louis and Galena, had de- cided upon this point as the best place to locate on between Davenport and Dubuque, because of the narrow river crossing, its nearness to Chicago, the favorable lay of the land on both sides the river, and the certainty that this was the most feasible crossing on which to establish a ferry, which was soon done.

In 1836 a small space two miles below Lyons was platted and ambitiously named New York-a shadow not larger than one man's hand, but prophetic of the future.

The town of Lyons was platted in 1837, and named by Buell and Warren. as the former stated, replatted and enlarged in 1855, with subsequent addi- tions by different parties. . Schools were taught at an early date; a church established by Methodists in 1838; a postoffice established in 1840 or earlier; a school house built in 1846. Copies of quarterly returns in possession of Elmer A. Hess show that Chalkley A. Hoag was postmaster in 1840, and Dan- iel Hess from October of that year to August, 1847. The compensation of the postmaster was only thirty per cent commission on letters and fifty per cent on papers, but the allowance on letters was raised to forty per cent at the close of the term of Mr. Hess. Mr. Hoag's commissions from January Ist to September 30th amounted to twenty-six and one-half cents, one dollar and sixty and three-fourths cents and two dollars and twenty-two cents. Mr. Hess received sums varying from one dollar and twenty-three and one-half cents to five dollars and thirty-four and one-half cents, and at forty per cent on letters. five dollars and forty-seven cents per quarter.

In 1852 the town began to "look up," organized and industriously pro- moted the Lyons & Iowa Central Railroad Company, dubbed the "Calico

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Wolfe's history of Clinton County, Iowa, Volume 1, Part 41

Author: Patrick B. Wolfe Publication date: 1911 Publisher: Indianapolis, Ind. : B.F. Bowen & Co. Number of Pages: 829

Author: Patrick B. Wolfe
Publication date: 1911
Publisher: Indianapolis, Ind. : B.F. Bowen & Co.
Number of Pages: 829