History of Fillmore County, Including the Explorers and Pioneers of Minnesota, Part 52

Author: Edward D. Neill
Publication date: 1882
Publisher:
Number of Pages:

USA > Minnesota > Fillmore County > History of Fillmore County, Including the Explorers and Pioneers of Minnesota > Part 52

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The board organized by electing H. C. Gere, Chairman, and the members present were Myron Toms and W. T. Mark. They then proceeded to dispose of such business as came before them. Among their first official proceedings was the ap- pointment of John Iams as the Sheriff of the county, and to approve of the bonds he furnished in the penal sum of $500, with O. M. Lord and E. B. Drew as sureties. They next made a grand and petit jury list, and then adjourned to meet at the house of John Burns, on the 4th of June, 1853 At this date, however, the members were not all in attendance, and they again adjourned to the 4th of July, 1853.

At this time the high water and impassable streams were too formidable obstacles for the Com- missioners to overcome, and so the single mem- ber present, personally, and from force of circum- stances, again adjourned the meeting until the following day, and in fact continued re-adjourn- ing every day until the 9th of July, when the water had sufficiently abated to allow the board to get together, which they did at the Winona Hotel, in Winona, on the 9th of July, 1853, all the mem- bers being present.

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They then disposed of the first petition pre- sented to the board. It was from Pleasant Val- ley, signed by ten legal voters, asking the board to establish an election precinct there. The petition was granted, and the following pioneers designated as the first judges of election, to-wit: John S. Looney, Joseph Brown,and G. W. Gilfillan. The election to be held at the cabin of John S. Looney.

Up to this time there was no lawful county seat, but the village of Winona was considered so by common consent, and the commissioners held their meetings there. This, however, was settled law- fully at the Commissioners' meeting on the 19th of December, 1853, when the matter was brought up, and, after considerable discussion, Chatfield was designated as the "capital of the county."

All this business, besides other minor affairs, was simply to get the governmental wheels of the county in motion. The first election in Fillmore county was held on the 11th of October, 1853, and the following officers were elected: Wm. B. Gere, Register of Deeds; John Iams, Sheriff; Robert Pike, J. C. Laird, and W. B. Bunnell, County Com- missioners. These were the first regularly electe.l officers of Fillmore county, and held for a term of two years. This board took their seats on the 7th of January, 1854, and in summing up the financial condition of the county, found that in the six months previous the organizing board had allowed bills to the amount of $536.84.

Up to about this time the funds, and in fact all matters pertaining to the county, had been under the jurisdiction of the Register of Deeds, but it became evident that the duties of the Register were too arduous, and the Commissioners deter- mined to appoint a person to have charge of the funds of the county, which they did in the person of James MeClellan Jr., at their meeting on the 7th of April, 1854.

The entire county indebtedness on the 1st of January, 1855, was $1,343.16. This was evi- dently reduced during the year following, for in the proceedings of the board of Commissioners on the 15th of January, 1856, it is found that the in- debtedness of the county was only about $1,284.76. When the county of Fillmore was divided by the setting off of the counties of Winona and Houston, this indebtedness of the "consolidated county" was divided into three parts, and bills were pre- sented to the commissioners of the counties of Wi- nona and Houston for their respective shares;

thus leaving the indebtedness of Fillmore county, on the 10th of January, 1856, at about $400.

The district schools of the county at this time were in a flourishing condition, as will be seen from the number of scholars in the respective dis- tricts, as ascertained by the reports of the district clerks to the County Commissioners, up to the 12th of January, 1856. There were then twelve district schools, and one village school. At that date there were the following number of scholars in the respective districts, to-wit:

Chatfield district. 79 scholars

Dist. No. 1. 48

Dist. No. 3. 24

Dist. No. 4. 51

Dist. No. 7.

Dist. No. 8

Dist. No. 9 50

Dist. No. 10

Dist. No. 12.

Total in county .416

COUNTY SEAT CHANGED .- In the proceedings of the board on the 25th of April, 1856, appears the following: "The board ordered that the records and furniture of the county offices be removed to Preston, said point having received the largest number of votes at the election held in said county on the 7th of April, 1856."

On the 26th of April, 1856, the board of Com- missioners selected block ten, in the town of Pres- ton, upon which to erect county buildings.

At this time there was no office of County Au- ditor, the records of the board, and all other busi- ness pertaining to the office of Auditor, being kept by a clerk of the Commissioners and the Register of Deeds.

Among the proceedings of the board are found appropriations of the county funds for bridge purposes, as follows:

At the meeting on the 6th of January, 1857, they appropriated $500 for the completion of a bridge over the main branch of the Root River, on the county road from Preston to Chatfield; $200 for the completion of a bridge across the north branch of Root River, on the territorial road from Mankato to La Crosse; $200 for the completion of a bridge across the south branch of Root River at Preston, on the territorial road from Rochester to Iowa State line; $200 for the completion of a bridge across the middle branch of Root River, on the territorial road from Elliota to St. Paul.

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POLITICAL RECORD.

On the 10th of January, 1857, the indebtedness of Fillmore county was $2,144.24.

The board made the following bridge appro- priations on the 8th of April, 1857: $200 for the completion of the bridge called the Forestville bridge, across the Root River at Forestville; $125 for the completion of the bridge across Bear Creek, at or near Hamilton.

During the summer of 1858, the legislation of the county underwent a change and reconstruc- tion. The board of County Commissioners being dispensed with entirely, and in their stead was placed a body of men termed County Supervisors, which was composed of the Chairman of the town- ship boards of Supervisors, one from each town- ship, making twenty-four members in all. The first meeting of this board was held at the Stan- wix Hotel in Preston, on the 14th of September, 1858, with all the members present, and proceeded to elect a Chairman in the person of Reuben Wells, Esq., of York township. This manner of legislation was sustained until some two years afterwards, when an act of the legislature dis- pensed with them, and again returned to the for- mer mode of government, under a board of County Commissioners, three in number; ex- perience having proved to their satisfaction, that it was too costly a luxury to have twenty-four men do the business that three might transact.

On the 23d of October, 1858, the board of Su- pervisors received notification from the Com- missioners of Winona county, stating that that county was willing and would pay its share ($400) of the indebtedness of Fillmore county, prior to the setting off of Winona and Houston counties, heretofore mentioned, amounting to $1,200. A committee was appointed which settled the entire matter.

COURT HOUSE .- In the proceedings of the board of Supervisors of Fillmore county at their meet- ing on the 17th of September, 1859, the board took up the Court House matter, and found that there had been placed on file thirty-three individual bonds, together with deeds and leases from citizens of Preston, the deeds conveying thirty-six lots and four half lots in the village of Preston to the county. Also a number of deeds and leases from Carimona conveying lots in Carimona to the county, were received, examined and ordered re- corded. All the bonds, deeds, and leases were conditioned that the county erect a Court House in the village of Preston, to cost not less than

$6,000, within two years from the date. They were accepted on these conditions.

For ten years or so after the county seat was removed to Preston, the board was kept quite busy in laying out roads and building bridges, listening to petitions and counter petitions in re- lation to these and like subjects. As a general thing, comparatively few of these applications for new highways were favorably considered. It must be remembered that the cost of road build- ing in some places was very considerable.

The following are among the appropriations made in 1866 and '67, to assist different localities in building and repairing bridges: $200 to aid in building a bridge across the south branch of Root River near the village of Forestville, condi- tioned that the bridge cost about $600; $100 to assist in building a bridge across the Root River near Rushford, conditioned that a bridge be built worth at least $1,500; $300 to aid in building a bridge across the south branch of Root River in the town of Carimona, bridge to be worth about $900; $400 to aid in building a bridge on the public highway over Root River near the village of Rushford; $400 to aid in building a bridge over the north branch of Root River in the village of Chatfield, conditioned that a bridge be built worth $1,200; $200 to aid in building a bridge across the south branch of Root River at the foot of Fillmore street in the town of Preston, condi- tioned that a bridge be built worth at least $1,000.

On the 2d of July, 1868, the board made a con- tract with Burr Dauchy to build a house for the poor of Fillmore county, on the poor farm, and passed a resolution to the effect that the sum of $2,000 be appropriated for this purpose. At their meeting on the 4th of September, 1868, an addi- tional appropriation of $3,000 was made for the purpose of purchasing stock, furniture, and other necessary articles for use on the County poor farm.

In the meeting of the board on the 5th of Sep- tember, 1868, is found the initiatory move in re- gard to a county jail. The following is the gist of a resolution passed by them on that date:

"That the board of Commissioners of Fillmore county will, for and in said county, erect a new county jail for the safe keeping of prisoners, and that a commitiee of the following members of the board, to-wit: D. B. Coleman, Orsin Holmes, and W. A. Pease, be appointed to select and purchase ground for a site for said jail, and to procure plans and specifications, determine upon and ar-

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range details, and execute a contract for building said jail, and that there be issued bonds of the county to an amount not exceeding $8,000, for the purpose of building and furnishing said jail."

Two months later the board appropriated the sum of $750 from the county fund for the purpose of paying for lots on which to build the county jail, and to get plans and specifications.

The jail having been completed, the bonds in payment thereof were issued-$4,000 on the 10th of May, 1869, and $4,000 on the 31st of August, 1869.

In the spring of 1869, the Commissioners made the following bridge appropriations: $400 to aid in building a bridge across the north branch . of the Root River in the town of Chatfield, at or near the Peaseford; the bridge to be worth about $1,200; $200 to aid in building a bridge across the south brauch of Root River at the village of Forestville, provided that a bridge be built worth about $600; $400 to aid in constructing a bridge across the middle branch of the Root River in the town of Chatfield, near the residence of G. W. Sawyer, conditioned that a bridge be built worth at least $1,200.

The Commissioners estimated that it cost $19,924.28 to run the current expenses of the county of Fillmore in the year 1880.

When the county was first organized the Aud- itor's work was attended to by the clerk of the board of County Commissioners. The following is a list of the clerks of County Commissioners and Auditors, commencing in 1853; viz:

H. B. Stall, C. F. Buck, William B. Gere, S. B. Murrell, and George W. Willis, clerks; H. D. Bristol. John S. Marsh, Niles Carpenter, C. H. Conkey, Aldis Bartlett, and George W. Hard, Auditors. Mr. Hard was elected in 1877, and has since been re-elected three successive terms.

The first naturalization papers in Fillmore county, were issued on the 11th day of October, 1853, to Knut Oleson, of Sweden, who in due form and upon oath, declared that he arrived in the United States on the first of September, 1850, and that it was his intention to become a citizen of the United States, also that he renounced all allegiance to any foreign prince or sovereignty, particularly Charles John, King of Sweden. The document was signed-

his KNUT X OLESON. mark.

G. W. WILLIS, Clerk.

Others who were among the first to obtain naturalization papers were, Peter Oleson, of Sweden, Oliver P. Knox, of England, John Larson, of Norway, Matthew Ward, of Ireland, etc., etc.

COUNTY POOR FARM .- This establishment con- tains 396 of very desirable farming land, located on the town line between Canton and Amherst, in sections four and thirty-three. The larger part, 240 acres, being in Amherst, a large portion of which is fine prairie land, while the buildings are in Canton, where the surface is more undulating. This land was preempted by B. F. Tillotson in 1853, and was sold by him to the county in the spring of 1868. The price was $9,000 for the farm and a small amount of personal property. The property, since that time, has been improved' by the erection of a main building, two and one-half stories high, and a stone basement, at a cost of $2,625, with barns, sheds, corn-cribs, and other outbuildings, which make a fine appearance, as the building is painted and makes a pleasant contrast with the foliage of the hillside. Water is supplied to the stock from a stream on the north side of the farm, from a spring nearer the buildings, and also from a well near the house. The water to supply the house is brought directly into it, from a clear spring issuing from a bank in the rear.

There are now eleven county inmates. The first man in charge was J. H. Tedman, and he was followed by G. R. Cooley, O. D. Heiks, and A. Herrick. In the spring of 1881, S. Anery took charge and still remains. There are 275 acres under cultivation, the rest being light timber. Special attention is given to raising corn and stock. There are seven horses, thirty-two horned cattle, and large numbers of hogs. The place is well managed.

PRESENT COUNTY OFFICERS .- G. W. Hard, Audi- tor; W. A. Nelson, Treasurer; H. C. Gullickson, Register of Deeds; E. V. Farrington, Judge of Probate; N. Kingsley, Attorney; A. D. Gray, Clerk of Court; S. A. Langum, Sheriff; Thad. Wilkins, Deputy Sheriff; Reuben Wells, Court Commissioner; John Brady, School Superintend- ent; Jerome Utly, Chairman of Commissioners; Martin A. Maland, M. L. Potter, R. M. Foster, and E. Stevens, Commissioners.

COUNTY RECORDS.

The first chattel mortgage recorded was dated on the 25th of July, 1853, and was between H. S.

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Hamilton and Edwin Flint, pledging two yearling colts to secure $100. E. H. Murray was the wit- ness. The next mortgage was two cows by E. K. Dyer to secure O. Knudson in the sum of $35, and the instrument bears date of the 25th of Jan- uary, 1854. Walter N. Webster and Lawrence Lynch were the witnesses.

ABSTRACT OF TITLES .- Fillmore county has one of the most complete and carefully compiled abstracts of title of any county in the State. It was compiled and is owned by Lars O. Hamre, who was assisted in this laborious work by O. C. Dibble, now a resident of Albert Lea. This under- taking was commenced in 1875, and was only completed in 1880, at a cost, at a moderate esti- mate, of $4,000. It constitutes a library in itself of over one hundred large volumes. It is kept in the vaults at the Court House in Preston, and is of great value on account of its reliability.

DISTRICT COURT .-- Under the Territorial Gov- ernment Fillmore county was in the second dis- trict, and the first court was held at Chatfield on the 28th of May, 1853. Andrew G. Chatfield was Associate Justice of the Court; George M. Gere was the Justice of the Peace who assisted; John Iams the Sheriff in securing the juries and organizing the court. Andrew Cole, Esq., was appointed District Attorney. The first grand jury summoned in the county was as follows: James F. Toms, Myron Toms, Nathan Brown, Willard B. Bunnell, H. Carroll, Henry C. Gere, William J. Luark, George H. Sanborn, Harry Hubbard, Isaac Hamilton, O. J. Holbrook, Wm. B. Gere, J. A. Houck, J. A. Putnam, E. B. Drew, T. R. Allen, E. Chapman, A. A. Gilbert, A. P. Hall, and Rob- ert Taylor. J. M. Willis was appointed Clerk of the Court.

The first pettit jury list drawn by the County Commissioners was as follows: Ed. B. Gere, Jno. Evans, E. Murray, Edwin Hamilton, Enoch Ham- ilton, Wm. H. Stevens, Jno. C. Laird, Alex. Smith, John Emmerson, I. Johnson, John Burns, Frank Curtis, George Clark, Scott Clark, Allen Gilman, H. K. Thompson, Isaac W. Simons, Asa Pierce, S. J. Burnett, H. J. Harrington, Wm. E. Hewitt, H. Herrick, Jas. Kincaid, Squire Day, A. Pentler, Jas. Campbell, Peter Gere. O. H. Hawk, J. L. Pennam, C. Bannen, S. E. Cotton, Wm. H. Coryall, H. Hull, D. G. Bueley, J. Mickley, J. Wright, P. G. Follett, R. Thorp, Lewis Krutzell, H. W. Druir, C. R. Coryall, and Alex. McClintock.

The first case was that of Ren. Tipper vs. John

Kupp. The sheriff reported that he had executed a writ by making a levy upon some saw logs.

The first minister ordained and licensed to per- form marriage ceremonies in Fillmore county, was Rev. Alexander G. McConnell.

The first marriage license issued, after Minnesota became a State, according to the license record of the county, was issued on the 31st of March, 1858, to Ole Gunderson and Mary A. Blackburn. Returns show they were married on the 4th day of April, 1858.

The records show that since the organization of the county, there has been 4,170 marriage licenses issued to different couples, of which, returns show that ninety-nine out of every one hundred have been married.

The first record of marriage in Fillmore county, was in July, 1856, before the territory was made a State, and before license was necessary. The re- cord is as follows:

"TERRITORY OF MINNESOTA,

County of Fillmore. 88

This certifies that on this 16th day of July, A. D., 1856, Mr. David M. Everett, of Stephenson county, Ill., and Miss Jerusha E. Denny, of Fill- more county, Miun. T., were joined in wedlock by the undersigned in the presence of Clara I. Hayes, and Maria Lamb. * * I examined Mr. David M. Everett under oath and found no impediment to such marriage.

H. S. H. HAYES, Justice of Peace.

Elkhome, Fillmore county, M. T., July 16, 1856."

THE FIRST APPEAL .-- The first case appealed from the district court to the supreme court, from Fill- more county, was the case of Henry C. Gere, ap- pellee, vs. John C. Laird, appellant, and the case was decided finally in favor of the appellant.

SHARP PRACTICE .- A story is told of a man who was under arrest for violating the game laws of the state of Minnesota, this was after it became a State, and there was ample evidence of the guilt of the accused. But the defendant's attorney was equal to the emergency. It so happened that the laws of Wisconsin were unlike those of Minnesota, and if the alleged act had been committed in Wis- consin at that time, it would have been no crime, so our sharp lawyer borrows, under one pretense and another, the few copies of the statutes in the place, and taking his own copy cuts out a leaf and substitutes the Wisconsin law, and boldly going into court demands a preemptory dismissal

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of the case, which, on reading the law in such cases made and provided, was at once granted !

A VIGILANCE COMMITTEE.

In the early history of the county, the pioneers suffered severely from the depredations of thieves. This was tolerated from 1856, when it commenced, up to 1858, when the ordinary and traditional forms of law having utterly failed to protect the people, it was determined to reassert the right of self government, by organizing for mutual pro- tection, and practically setting aside the authori- ties to whom had been delegated the duty of con- serving the public welfare.

The necessity for prompt action becoming im- perative, a few determined persons met in Hamil- ton at the residence of W. W. Beers, and pro- ceeded to organize by the adoption of rules and solemn pledges to act under the laws if possible, but at all events to rid the community of the thieves and robbers. There was some hesitation in view of the seriousness of the undertaking, but Dr. William H. Dean took the pen and affixed his signature to the articles of agreement, and he was followed by W. W. Beers, Chas. D. Sherwood, C. Davis and H. J. Beers. Once started the mem- bership rapidly increased, spreading all over the county. The gang upon which the war of exter- mination was to be waged, was equally well organ- ized, with ramifications extending into other counties and into Iowa. Ostensibly honest farmers were connected with the stealing operations, and afforded facilities for concealing stolen property and protecting the thieves, and even to retaliate upon those who sought to recover property or to punish the plunderers.

The gang had been stealing from Mr. William Canfield, and he filed complaints against the per- petrators, but one morning he was called out by some of the ruffians and shamefully beaten aud maltreated. The committee tool up the matter and the men were arrested, and cautiously fined a small amount.

The assurance of this gang became intolerable, a farmer going into town and leaving his horse hitched in front of a store was not certain of find- ing him on coming out, and persuit would carry the party into Iowa to be lost as to further traces of the property or criminals.

There were some exciting adventures participated in by these vigilants. On one occasion Mr. Beers rode down into Iowa on a reconnoisance and took

dinner at a house which was evidently a rendezvous of the gang, and discovered a saddle and a wagon that had been stolen from his neighborhood. He returned by a circuitous route, and the next night twenty -five armed men went down there, sur- rounded the house, and succeeded in capturing two of the desperadoes, Wells and Hartwell, and another by the name of Spike escaped. He was wanted in a murder case. After a severe contest Hartwell was sent to State Prison, but Wells was discharged.

About this time the committee received informa- tion that one of the outlaws was in the house of a certain Justice of the Peace in the town of Jor- dan, and the place was promptly raided, and the criminal found in bed with the wife of the said Justice ! He was promptly taken into the woods and became the central figure of a nocturnal matinee. He proved to be a fellow of considerable "sand" and refused to "squeal" upon his com- panions until he had been whipped, choked, kicked, and cuffed to the very edge of the river Styx, when the danger of crossing that horrid stream became imminent, he confessed what he knew, and was released.

Wells was again kidnapped in Iowa and brought up to Pleasant Grove. Thomas Lake, who was afterwards Treasurer of Mower county, fatted a calf, und invited his friends to a veal din- ner, but the night before it was to have been slaughtered it was stolen, it is not unlikely by one of his expected guests. It was not safe to leave cattle out at night, but by vigorous measures, like those related, the country was finally rid of this species of organized stealing.

CHAPTER XLVI.

FILLMORE COUNTY IN THE WAR OF THE REBELLION -NAMES OF SOLDIERS WHO PARTICIPATED.

When, in April, 1861, the echoes of the firing upon the flag of our country at Fort Sumter were reverberating through the Union, exciting the patriotism of the people, calling to arms! to arms! Fillmore county was only eight years old, and the State itself had been organized only three years as one of the members of the Union. The effects of the financial crash of 1857, and the subsequent depression had not yet passed away, but what the county was able to do, and actually

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accomplished by furnishing men and material to assist in the gigantic struggle, will bear favora- ble comparison with much older communities in other sections of the country.

On account of the impossibility of finding files of papers published at the time in the county, which were imbued with the spirit of the occa- sion, the war incidents are not so full as they would otherwise have been. The remarkable scenes that were presented everywhere north of Mason and Dixon's line, involving a transforma- tion from the quiet pursuits of peace to the prepa- rations for war, were visible in Fillmore county as everywhere else. Public meetings were held, speeches were made, and the "soul stirring drum" and the "ear piercing-fife" were heard in the vil lage streets. The population of the county being largely foreign, nevertheless had an appreciation of the peril that was menacing our free institu- tions, and having been reared where human free- dom is much more largely curtailed than here, they perhaps valued the boon of liberty quite as much as those who had never realized what it is to live where it is so uncomfortably abridged as it is in the "Old World."

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History of Fillmore County, Including the Explorers and Pioneers of Minnesota, Part 52

Author: Edward D. Neill Publication date: 1882 Publisher: Number of Pages:

Author: Edward D. Neill
Publication date: 1882
Publisher:
Number of Pages: