USA > Kansas > Anderson County > The history of Anderson County, Kansas, from its first settlement to the Fourth of July, 1876. > Part 6
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No civil cases were tried in the district court of the county until the spring term, 1859. The first original case commenced in the court was the case of Tobias Lankard against Hendrick Bowton, David P. Bethurem, David B. Shaner, David F. Tabler, L. L. Hayden, George Lincoln. Ezekiel Bull and Al- bert V. Poindexter. The petition was filed Septem- ber 27, 1858. Lane and Christian were the attor- neys for the plaintiff ; Houston, Williams, Sims and Lowry were the attorneys for the defendants. This was an action of trespass, to recover damages for personal injuries, &c. The difficulty grew out of the troubles on the western border of the county, where the people undertook to redress their own grievances without the aid of the judicial branch of the government. A number of civil cases grew out of these troubles, as well as criminal prosecu- tions, but, to the credit of the county, the persons who created and promoted the troubles have left the country, and their places are filled with industrious and honest citizens, and that is now one of the most
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desirable portions of the county, containing some of the finest farms in the State, and some of the most successful farmers.
On the 14th day of June. 1858. the board of su- pervisors of the county entered into a contract with Dr. Preston Bowen for the erection of a jail and court house, at his own expense, and he obligated himself to have the building ready for occupancy on or before the first day of June. 1859. At that time Shannon was the county seat, and Dr. Bowen was the sole proprietor of the townsite. He soon after commenced the construction of the jail, and had it about completed in the fall of 1858, and commenced work on the court house during the same winter : but in the spring of 1859 the Legislature provided for the location of the county seat of Anderson county by a vote of the people, and upon a vote of the people. in the same spring. the county seat was moved from the town of Shannon to Garnett, and the Doctor's contract failed. The county at one time had possession of the jail for the purpose of confining its prisoners. The old jail still stands, a short distance south of the residence of Dr. Bowen. and is used by him for an out-house.
On the 3d day of June. 1858. J. W. Denver, Gor- ernor of Kansas Territory, issued his proclamation. calling an election under the act of Congress of May. 1858, commonly known as the English bill, for the adoption or rejection of the Lecompton constitution : said election to be held on the 2d day of August.
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Solomon Kauffman, C. C. Hoskins and Wm. H. Hamilton were appointed judges for Cresco pre- cinct ; John II. Best, B. P. Brown and B. L. Ad- ington, for Adington precinct ; Isaac Pilcher, A. McArthur and B. D. Benedict, for Hyatt precinct ; John T. Barker, James Y. Campbell and Preston Bowen, for Shannon precinct ; W. C. McDow, D. B. Jackman and J. W. Culton, for Walker precinct.
The vote was as follows : For-Hyatt, o ; Shan- non, 3 ; Cresco, I ; Adington, o: Walker, o; total, 4. Against-Hyatt, 55 ; Shannon, 109 ; Cresco, 40 : Adington. 32 : Walker, 70 : total, 306.
In the spring of 1858, about the time J. Y. Camp- bell was elected probate judge of the county, a dis- pute arose between him and Judge Anderson on the question of the jurisdiction of the probate court in criminal cases. After considerable examination of authorities, neither of the judges was clear in the premises, and agreed to submit the question for de- cision to Dr. Bowen, and to be governed by his de- cision. The Doctor seated himself on a dry goods box, and the question was stated and argued by Campbell and Anderson : upon consideration of which, and being advised in the premises, the Doc- tor read the statute of 1855, conferring criminal jurisdiction on probate courts, concurrent with dis- trict courts, and decided that in his judgment the enactment was valid ; that he could see no reason why the probate court did not have criminal as well as civil jurisdiction, as provided in the law. This
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opinion was satisfactory to both old and new judges.
During the time that Samuel Anderson was pro- bate judge there were several amusing trials in the probate court, and many ridiculous decisions made. As an illustration of the manner of conducting busi- ness in his court, we give the following, wherein the Territory of Kansas was plaintiff and Zacharias Schutte, sen., was defendant. Schutte had been in- dicted for trespass on school lands, and was arraigned on the indictment, and plead " Not guilty." His case was then submitted to a jury, under the instruc- tions of the judge, which returned a verdict of "Guilty ;" whereupon the judge proceeded to pro- nounce sentence against Schutte ; and after deliver- ing an amusing lecture to Schutte, on morals and christianity, assessed a fine against him of $700. and that he be committed to jail until the fine and costs should be paid. At this most outrageous fine Schutte became indignant, and defied the judge to enforce the judgment ; whereupon the following coloquy ensued : Schutte rising to his feet addressed the Judge : "Shudge, you vants my moneys- von old humbug-maker ; I want no trial mit you ; I vants to be tried mit der Governor. You bes von humbug. Now, Shudge, I wish you'd bring home my log-chain, vat you stole." At this expression the Judge turned to his clerk and ordered a fine to be entered against Schutte of $200, for contempt of court. At this Schutte became more furious, and said : " Tish my moneys you vants, you d-d old
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fool! D-dest humbug in dis United States ! Bring home my log-chain vat you stole !" And the Judge assessed another fine of $200, and the same was repeated, until the fines in the aggregate for con- tempt amounted to $1,400, but Schutte finally walked quietly away, defying the court to enforce its orders. threatening the Judge with an appeal to the Gover- nor in that event. The Judge, outwitted by Schutte, never tried to enforce his judgment.
About the same time another interesting case was tried in the same court. Thomas J. Owen was plaintiff, and Dr. John Ramsey was defendant. The action was for damages, because of the shoot- ing of a fine mare by Ramsey. A jury was em- panneled, and Alex. McArthur called as witness for plaintiff, and the Judge proceeded to swear the wit- ness, as follows : " Mr. McArthur, stand up. Mr. McArthur, you are a man of influence, that should be an example to those around you : you have been called as a witness in this case. You are to be sworn to tell the truth, the whole truth, and nothing but the truth. And now, Mr. McArthur, I desire to say that if you don't swear to the truth I will prose- cute you for perjury, so help me God ! Mr. McArthur, proceed and tell all you know about the case." As the last sentence escaped his mouth, he quietly settled back in his chair and was soon sound asleep, while the case proceeded.
Many cases of about the same style could be given, to prove the business of the court was con-
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ducted without order or dignity, some of which may be noticed hereafter in this work.
CHAPTER IX.
Convention at Ottumwa-Election of Members of Territorial Legislature-Establishing Mail Routes in Southern Kansas-Free State Men called on to Defend Settlers in the Border Counties-Posse from Coffey County arrest Settlers of Anderson County-Burning of Painter's and Fox's Cabins by a Mob-Marais des Cygnes Massacre-John Brown's Parallels-Liberation of Slaves-Squat- ters' Court Organized in Anderson, Linn and other Counties-First meeting of the Republicans of An- derson County.
IN September, 1858, a Free State convention was held at Ottumwa, in Coffey county, for the nomina- tion of candidates for members of the Territorial Legislature from the counties of Richardson, Davis, Wise, Breckenridge, Weller, Madison, Butler, Hunter, Greenwood, Bourbon, Godfrey, Allen, McGee, Woodson, Coffey, Anderson and
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Franklin, commonly known as the nineteen dis- franchised counties, entitled to three representatives. L. D. Bailey, T. R. Roberts and William Spriggs were nominated by the convention.
On the 4th of October, 1858, an election was held for members to the Territorial Legislature. At this election L. D. Bailey, T. R. Roberts and Wm. Spriggs were elected to represent these counties. William Spriggs was the first person from Anderson county who held a seat in the Legislature of the Territory.
On the IIth day of January, 1858, a mail route was established from Leavenworth to Humboldt, and service commenced on the route on the 24th of April following, via Prairie City, Ohio City, Fair- view, Hvatt, Carlyle and Cofachique. The route was staked out from Ohio City to Fairview by Wil- liam Spriggs and others, in the latter part of March. There was at the time a road leading from Fairview to Hyatt, via the Adington crossing of the Pottowato- mie, passing on the west side of Cedar creek until near Hyatt, where Cedar was crossed. A few days before the mail service commenced on the route. Dr. John W. Scott and others staked out the route from Carlyle to Hyatt. The mail was carried on this route by Zach. Squires : was at first only once a week, on a small mule, but soon after tri-weekly, in a two-horse hack. Squires also acted as express- man, there being no express line along the route, and seldom charged the people along the line for
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small packages, and other articles, and was accom- modating and of good service to the settlers.
In 1859 the route was changed from the west side of Cedar. via Garnett, and in the spring of that year a postoffice was established at Garnett, and Dr. Thomas Lindsay was appointed postmaster. The first mail received in the town of Garnett was in May. 1859-consisting of about twenty-five letters and fifty papers. .
On the 3Ist of March, 1858. the following mail routes were let in Southern Kansas : No. 15007, from Butler, Missouri, by Moneka, Hyatt, Hamp- den, Burlington, Ottumwa, California, Florence, Emporia, to Council Grove ; 150 miles ; No. 15016, from Osawatomie to Walker ( now Greeley ) ; No. 15026, from Shermanville, by Cedar Bluff, to Cof- achique.
On the 19th of December, 1857, notice was sent by Capt. James Montgomery to the Free State men of Anderson county, to raise all the men with arms they could and proceed to the Free State camp on Sugar creek, west of Mound City, for the purpose of defending the homes and property of the Free State men, which were threatened by an army of Border Ruffians then in Bourbon county, near Fort Scott. That day and night were spent in gathering up recruits ; and early next morning about fifteen men started from Reeder township for the Free State camp. and among the number were John S. Robinson, Solomon Kauffman, Samuel H. Hill, Wm.
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G. Hill, David S. Eaton and Wm. G. Eaton ( the · names of the others we have forgotten ), together
with a number of Free State men from Pottowato- mnie. They found a large number of the Free State men in camp near Danford's mill. General James HI. Lane, Montgomery and Wm. A. Phillips ( now a member of Congress ) were the leaders. They then marched to Fort Scott and returned, and were disbanded and admonished to quietly, in small squads, return to their homes, bearing the impres- sion that nearly the entire command was still in camp, which had the desired effect. as the Border Ruffians soon departed for their homes in Missouri. The party from Reeder township returned on Christ- mas day.
On the 5th of June, 1858, Charles Edwards, with a posse of men from Coffey county, came to Cresco to arrest Milan Grout, T. W. Painter, Christian Fox and Robert Crocker, on the charge of being horse thieves. They took Painter and Fox to Central City where the mob, headed by Edwards, of Coffey county, and Peter Walters, of Anderson county, un- dertook to give the prisoners a sham trial. The au- thorities at Garnett were notified, and on the next day (Sunday) the sheriff, G. A. Cook, went to Central City ; and the few law-abiding citizens of Reeder who were present succeeded in putting the prisoners into his hands, when he started with them to Garnett ; but before he had gone far the mob inter- fered and took the prisoners from him and put them
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under guard in the west part of a building then un- finished, and since used as a store and hotel by Stephen and Oliver Marsh. That night runners were sent out, and by noon of the next day about 200 men had collected at Central City. A young law- yer by the name of Mitchell was passing through the place, observed the excitement, and inquired the cause : and as the mob was about to organize a court to condemn and hang the prisoners, he mounted a store box and made a short speech in favor of law and order, and moved that the prisoners be turned over to the civil authorities, which motion carried by four majority. The prisoners were then put into a wagon and guarded by a number of the law-abiding men, with their muskets, and taken before Henry Williams, J. P., for examination. No testimony was offered against the prisoners, except a statement of Edwards, which he claimed to have received from a horse thief whom they had hanged a week previous on the Neosho river. The circumstances of the hanging of the horse thief in Coffey county were that some horses had been stolen, and Edwards' mob had taken three men and hung two of the num- ber till dead, and the other till nearly dead, and then let him down with the promise not to take his life if he would give the names of those connected with them ; and in order to save his life he gave the names of about forty persons in different parts of Kansas and Missouri : then they again hung him till dead. This was the only testimony offered ; and the justice
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released the prisoners, it then being after 10 o'clock at night, on the 7th of June, 1858.
On the same night, a part of the mob lay near the house of Mr. Grout, who was a justice of the peace. and absent from home on business, who returned well armed, so that they did not molest him. The other division of the mob went and set fire to the cabins of Painter and Fox, burning their clothing and provisions, leaving them penniless, and against whom there was not a shadow of suspicion. Grout had just come to Cresco with a stock of goods. Crocker had just come into the neighborhood, and was but little known. Painter remained in the neighborhood, built him another house, and contin- ued to improve his claim, and has outlived most of his accusers : and still, with his family, resides on the same piece of land, respected by his neighbors and acquaintances.
On the 19th day of May, 1858, Dr. John Hamil- ton, with twenty or thirty Pro-Slavery men from the neighborhood of West Point, Missouri, armed with muskets, revolvers and Bowie-knives, reached the Trading Post, in Linn county, and began the work of arresting Free State settlers. After arresting several they placed them in a wagon and started toward the line of Missouri. When they had gone about three miles from the Trading Post others of their number came up with other Free State prison- ers. Here the prisoners were ordered to form in line, a few yards to the front, with their faces
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toward a ravine, which the prisoners did, and then Hamilton gave the order to fire on the prisoners, who were unarmed and unwarned of the butchery that awaited them. The murderous command was obeyed, and five fell dead, and five wounded, and one slightly wounded, who was soon after shot through the head and killed. The others feigned that they were dead. The Ruffians robbed their bodies and rode away, leaving them all for dead. The names of the murdered men were : Wm. Still- well, Patrick Ross, William Colpetzer, Michael Robinson and John F. Campbell. The wounded were Wm. Hargrave, Asa Hargrave, Rev. B. L. Reed, Amos Hall and Charles Snyder. Col. Mont- gomery and others, with a party of men, pursued the murderers to the border of Missouri, near West Point, but returned without accomplishing anything. This was one of the most outrageous. dastardly mur- ders that ever took place on the soil of Kansas. This butchery was not noticed by the administration. Two of these Ruffians had been members of the Lecompton constitutional convention, to wit : Hamil- ton and Brockett. They sought to attest their de- votion to slavery by murdering Free State settlers in cold blood, in expectation that the Lecompton con- stitution would be passed by Congress, and enforced by the hireling legions of the administration. These men formed the plan for renewing the disturbances in Southern Kansas, for the purpose of securing to their Missouri friends the cabins of the Free State
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settlers, thereby preventing the stream of emigration from the North to Kansas, and facilitating the con- quest of the Territory to slavery.
The following poem was written by John G. Whittier, in September, 1858 : LE MARAIS DU CYGNE. A blush as of roses Where rose never grew ! Great drops on the bunch-grass. But not of the dow ! A taint in the sweet air For wild bees to shun! A stain that shall never Bleach ont in the sun!
Back, steed of the prairies ! Sweet song-bird, fly back ! Wheel hither. bald vulture! Gray wolf call thy pack ! The foul human vultures Have feasted and fled : The wolves of the Border Have crept from the dead.
In the homes of their rearing. Yet warm with their lives. Ye wait the dead only. Poor children and wives ! Put out the red forge-fire. The smith shall not come : Unyoke the brown oxen. The ploughman lies dumb.
Wind slow from the Swan's Marsh. () dreary death-train, With pressed lips as bloodless As lips of the slain !
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Kiss down the young eyelids. Smooth down the gray hairs : Let tears quench the curses That burn through your prayers.
From the hearths of their cabins. The fields of their corn. Unwarned and unweaponed. The victims were torn,- By the whirlwind of murder Swooped up and swept on To the low reedy fen-lands. The Marsh of the Swan.
With a vain plea for merey Nó stout knee was crooked : In the months of the rifles Right manly they looked. How paled the May sunshine. Green Marais de Cygne. When the death-smoke blew over Thy lonely ravine !
Strong man of the prairies, Mourn bitter and wild ! Wail. desolate woman! Weep, fatherless child ! But the grain of God springs up From ashes beneath. And the crown of His harvest Is life out of death.
Not in vain on the dial The shade moves along To point the great contrasts Of right and of wrong :
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Free homes and free altars And fields of ripe food : The reeds of the Swan's Marsh. Whose bloom is of blood.
On the lintels of Kansas That blood shall not dry ; Henceforth the Bad Angel Shall harmless go by : Henceforth to the sunset. Unchecked on her way. Shall liberty follow The march of the day.
Soon after the Marais des Cygnes murder, John Brown went to Missouri and forcibly liberated eleven slaves and brought them to Pottowatomie, near Greeley, where he remained in a cabin for about one month ; and while camped near Greeley he wrote his parallels. Although dated at "Trading Post," it was written in this camp on the Pottowato- mie, in Anderson county :
JOHN BROWN'S PARALLELS. " TRADING POST. KANSAS, January, 1859.
" GENTLEMEN : You will greatly oblige a humble friend by allowing the use of your cohnons, while I briefly state two parallels, in my poor way.
" Not one year ago, eleven quiet citizens of this neigh- borhood. viz: William Robertson. William Colpetzer. Amos Hall. Austin Hall. John Campbell. Asa Snyder. Thos. Stillwell, William Hargrave, Asa Hargrave, Patrick Ross and B. L. Reed, were gathered up from their work and their homes, by an armed force, under one Hamilton, and. withont trial or opportunity to speak in their own de- fonse, were formed in line, and all but one shot-five killed and five wounded; one fell unharmed, pretending to be
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dead. The only crime charged against them was that of being Free State men. Now I inquire what action has, ever since the occurrence. in the least been taken, by either the President of the United States, the Governor of Mis- souri. the Governor of Kansas, or any of their tools, or any Pro-Slavery or administration men, to ferret out and punish the perpetrators of this crime ? Now for the other paral- lol : On Sunday. December 19. a negro man called Jim .. came over to the Osago settlement from Missouri, and stated that he, together with his wife, two children and another negro man, were to be sold within a day or two. and begged for help to get away. On Monday (the follow- ing) night two small companies were made up to go to Missouri and forcibly liberate the five slaves, together with other slaves. One of these companies I assumed to direct. Wo proceeded to the place, surrounded the building, liberated the slaves. and also took certain property sup- posed to belong to the estate ; we, however, learned, before leaving. that a portion of the articles we had taken belonged to a man living on the plantation as a tenant, and was sup- posed to have no interest in the estate. We promptly re- stored to him all we had taken. We then went to another plantation, where we found five more slaves, took some property and two white men. We moved all slowly away into the Territory for some distance, and then sent the white men back, telling them to follow us as soon as they chose to do so. The other company freed one slave, took some property, and. as I am informed, killed one white man (the master), who fought against the liberation.
" Now for the comparison : Eleven persons are forcibly restored to their natural, individual rights, with but one man killed, and all . hell is stirred from beneath.' It is cur- rently reported that the Governor of Missouri has made a requisition upon the Governor of Kansas for the delivery of all such as were concerned in the last named dreadful out- rage : the marshal of Kansas is said to be collecting a posse of Missourians (not Kansans) at West Point. in Missouri, a
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little town about ten miles distant, to enforce the law. All Pro-Slavery, conservative Free State and dough-faced men, and administration tools, are filled with holy horror.
" Consider the two cases, and the action of the adminis- tration party.
Respectfully yours. "JOHN BROWN."
This bold transaction on the part of Brown pro- duced considerable excitement throughout the Ter- ritory and the whole country. The Governor of Missouri offered a reward of three thousand dol- lars for the arrest of all those who had participated in the matter. The President of the United States also offered a reward for the body of John Brown, and John Brown, as a compliment to Buchanan, offered a small reward for the body of the Presi- dent. After remaining in camp about one month he proceeded with the eleven liberated slaves through Northern Kansas. Nebraska and Iowa, and arrived safe with them in Canada in the following spring. This party increased one by the birth of a child while in camp near Greeley. The child was named Capt. John Brown. This was Brown's final departure from the Territory.
In the first settlement of the county came a class of men who had been reared on the frontier, and had kept in advance of civilization, and had gener- ally made their living by speculating in claims on government lands. These men would settle along the streams in the neighborhood of the finest bodies of timber and finest bottom lands ; and the first thing after settling they would go over the most desirable
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tracts of land and drive down a stake, and write the name of some person as having selected the land for a claim, and in this way take all the most desirable and valuable pieces of land. and when a stranger came in search of a tract of government land to set- tle upon. these speculators would inform him that all the claims worth settling upon had been taken, but that here was the agent of a man who had selec- ted a claim, and that the claim was for sale. as the claimant had a chance to get another claim by going to the Verdigris or Fall rivers. as that was the near- est that claims could be taken. The stranger. sup- posing that the claim had been honestly selected, and thinking it better to purchase than to go fur- ther into the Territory, would thus be compelled to pay from one hundred to two thousand dollars. The purchaser would erect a cabin, and then start for his family, and on his return would often find that his claim had been sold again, and the second pur- chaser occupying it with his family; and that the speculator. with his gold in his pocket, had gone to other fields of profit for further speculation. These claims were a source of perplexing contest in the United States land office, and at the end of the con- test both parties would have expended as costs more money than the claim was worth. Whoever suc- ceeded in the suit had to borrow funds of some speculator to pre-empt the land, giving a mortgage on the land for the same, paying an enormous in- terest for the money, and at the end of the year the
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