History of Hennepin county and the city of Minneapolis, including the Explorers and pioneers of Minnesota, Part 84

Author: Warner, George E., 1826?-1917; Foote, C. M. (Charles M.), 1849-1899; Neill, Edward D. (Edward Duffield), 1823-1893; Williams, J. Fletcher (John Fletcher), 1834-1895
Publication date: 1881
Publisher: Minneapolis, North Star Pub. Co.
Number of Pages: 738


USA > Minnesota > Hennepin County > Minneapolis > History of Hennepin county and the city of Minneapolis, including the Explorers and pioneers of Minnesota > Part 84


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Nordisk Folkeblad. weekly, was the first Sean- dinavian paper published in the city. It was es- tablished at Rochester, in 1868, by F. S. Christ- ensen, now commissioner of statisties, and was removed to Minneapolis in 1873. It was con- ducted by several different managers until 1875, when it was consolidated with the Skandina- ven" in Chicago. In addition tothis paper, there has been the Farmer Tidends, Minnesota Nord- vestern, Svenska Monitorin and Svenska Nybyz- zaren. The three first were published in the Norwegian language, and the three latter in the Swedish. All of them were of short duration.


Folkebladet, weekly. The first number of the Folkebladet was issued July, 1877, by Prof. S. Oftedal. president of Augsburg Seminary. The paper is devoted to the educational interests of the Norwegian people.


The Housekeeper, monthly. In the interests of the Buckeye cook book, the Housekeeper was first published in August of 1878. The little pa- per has reached an immense sale. April 6th, 1880, while published by Wilcox, Dimond and Co., the paper was burned out and is now published by Hoppin, Palmer and Dimond. The cirenla- tion now aggregates 20.000.


Minnesota Farmer, monthly. September 18th, 1877, HI. E. Newton issued the first number of the Minnesota Farmer, a sheet which is still alive, albeit struggling hard for an existence.


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Minnesota Scandinava. weekly. The Scandin- ava was first issued November 15th. Isis, by Gen. Hanson as a Norwegian weekly. The publica- tion lasted only about a year when it suspended of account of the failing health of the editor.


Bell's Daily Times, Justus B. Bell issued the Daily Times as a small advertising sheet for gra- tintous circulation from December 10th. 1878, to April 6th. Isso. when it fell a victim to the flames in the Brackett's block fire.


Northwestern Miller, weekly. March 19th, 1579. Albert Hoppin. editor and proprietor, moved the Northwestern Miller from La Crosse to Min- neapolis. The paper is a neat twenty page pain- plot devoted to the milling interests of the north-west and has proven a decided success. During March of Iss1. the issue reached 18,000 copies.


Evening Journal. daily. The first issue of the Evening Journal was made November 2d, 1876. by Charles Il. Stevens and Frank E. Curtis. The paper was started as a three cent evening daily. April 6th, Isso, the paper was burned out in the Brackett's block disaster. A few days later the Minnesota Printing Company. composed of J. M. and Geo. K. Shaw and W. A. and C. A. Nimocks. bought the good will and circulation of the paper. and shortly after. purchased the associated press telegraphic franchise for the evening field. The paper was enlarged and improved in every department. The Evening Journal at once as- sumed the position of the leading evening news- paper of the north-west. April Ist, 155], they moved into their new building. No. 10 Washing- ton Avenue north, fully equipped with a double cylinder. rapid running R. Hoe press, engine. and all the facilities necessary to a first-class modern journal. The editorial staff is made up George K. Shaw, editor. Frank E. Hester, city editor, A. J. Gage, Jr., telegraph editor, and Goo. N. Lammmis state editor, besides a full corps of re- porters and correspondents.


The Spectator, weekly. C. H. Dubois issued the first number of the Spectator, a weekly falt- ily paper of eight pages, on July 26th. 1879. The Farm and Home was issued for a time as an ag- ricultural edition of the Spectator, but its course was short lived. The Spectator is issued every Saturday, and is one of the neatest papers. typo- graphically. in the country.


State Index, weekly. Dr. D'T'nger started the Trade Index about the year 1875. but shortly af- ter changed the name to the State Index. The publication proved disastrous to its owner, who gave it up in sore extremity about three years later. subsequently removing to Chicago, where he has recuperated his failing fortunes through his treatment of inebriates with the * einehona Pure."


The Ariel. monthly. The Ariel is the college paper edited by the students at the State Univer- sity. The editors are elected each year. The publication reached its fourth volume in June,


True Flag. weekly. J. S. Rankin. a gentleman of munch learning, but little means, published for a time several partizan papers, among them the True Flag. They were all short lived.


The Penny Herald, daily. The Penny Herald was first issued by JJ. 11. Rowell about May 15th, Isso, as a morning one cent daily. After running for about six months, it was changed to the even- ing field under the name of the Daily Herald. In January. Isso, Willard and Casseday purchased a three-fourths interest in the paper. The Herald depends upon correspondents and exchanges for its telegraphic news.


Comic Pictorial, monthly. Geo. B. Hall issued the first number of his Comic Pictorial. an eight page illustrated paper, March, ISS1. It is yet too young for extended comment. but its future may be easily anticipated.


Boys and Girls of Minnesota, weekly. Will. Beach edited and published the Boys and Girls of Minnesota for about six months. The publi- cation was a neatly illustrated pampldet. quite popular among children. In January. ISS1, the paper was burned out and suspended.


The Mirror, weekly. In 1873. Ed. A. Stevens started the illustrated Sunday Mirror. devoted to the broadest personalities with the motto " We will tell the truth. no matter who is hit .. " The publication was subsequently changed to the Gopher Mirror, then to the Daily Mirror, issued every evening. and finally to the Hennepin County Mirror. Late in Is50, Ed. A. Stevens sold the entire interest in his paper to his brother, Chas. II. Stevens.


Minneapolis Weekly. The Minneapolis Week- ly is published every Thursday by the Eagle


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Publishing Company apparently, but de facto by E. Il. Steele, as an advertising medium. The first number was issued in November, 1880.


Sunday News. weekly. In the month of March, 1880, three young men, Messrs. Shultz, Struby and Leader, who had formerly been con- nected with the press in Bradford, Pa., came to Minneapolis equipped with new type. a large cyl- inder press and a complete newspaper outfit, but unfortunately without that other component ne- cessity-ready cash. They published just two editions of the Sunday Morning News, when they suspended, sold out and left for parts unknown.


Homestead Monthly. January 1st, 1880, the Homestead Company issued the first number of the Minnesota Homestead, a monthly, twenty- page magazine. In November, 1880, Geo. W. Jenks became sole proprietor. In December of the same year the magazine was enlarged to thirty-six pages, and the name changed to the Ilomestead Monthly.


Temperance Review, weekly. In February, 1881, L. Bixby moved the Owatonna Review from Owatonna to Minneapolis, and associating with Rev. W. W. Satterlee as editor, on the 25th of the same month, the Temperance Review was issued. The paper retains its Owatonna patron- age, is radically temperance in its proclivities, and has already obtained a firm footing.


COURTS AND BAR.


The early history of the courts and bar of Hen- nepin county, furnishes perhaps, less salient points of interest than that of most frontier counties in western territories. The first settlers were most- ly from the New England and Middle States, were generally intelligent. moral, and accustomed to the observance of law and order, and among whom crimes of a serious nature were of rare occurrence. They brought their laws and cus- toms with them, so that the removal to what was then (1849) the extreme western frontier, scarcely produced any change in their social and political condition. That part of what is now Hennepin county, lying east of the Mississippi river, was, when the territory of Minnesota was organized in 1819, a part of St. Croix county, Wisconsin, as was also the country lying between it and the state of Wisconsin. It was amenable to the laws of that state, but, at that time there were


but a handful of people, and courts were scarce- ly a necessity. But no sooner was the territory organized, and territorial officers appointed, than population began to pour in. By the organic aet. the courts of the territory consisted of supreme court, district courts, probate courts, and courts of justice of the peace. The first justices of the peace, in what is now Hennepin county, were Dr. Ira Kingsley, and others, whose names we can- not ascertain. They held office for two years. At the October election in 1851, I. I. Lewis, and William B. Welch, were elected to serve for two years. The last named, was appointed chief jus- tice of the supreme court of the territory in 1853, and took his seat on the bench in Jan- nary, 1854. Mr. Lewis resigned in August, 1852, from a cause which may be considered wortlı mention. One Alex. Cloutier, one of the first settlers in St. Anthony, and proprietor of a liquor saloon, had been prosecuted before Mr. Lewis, for a violation of the prohibitory law, which had re- cently been enacted. The excitement on the question ran high-grave doubts were entertain- ed by many, as to the constitutionality of the law, and the people were about equally divided on the question. Mr. Lewis, having no desire to involve himself in quarrels with his neighbors, re- signed his office before the case was decided. On the 6th of August, 1852, a special election was called to fill the vacancy, and at the solicitation of a large number of the prominent citizens of St. Anthony, irrespective of party, Lardner Bost- wick Esq., consented to be a candidate for the otlice, and was elected. The case of Cloutier, was again brought, before him, and he held the law constitutional, and fined the defendant twenty- five dollars. The case was appealed to the dis- triet court, and Judge layner, who was then on the beneh. reversed the decision, and held the law unconstitutional, on the ground that the legis- lative power was vested by the organic act, in the governor and legislature, and that they had no power to delegale their authority to the people, and that the act, having attempted to transfer this power, was null and void. At the October election in 1856, Mr. Bostwick was re-elected with A. D. Foster, to serve two years from JJan- nary Ist. 1854. In 1857, Charles E. Leonard and Mr. Bostwick were elected, the latter of whom held the office till January, 1860, when he entered


HISTORY OF HENNEPIN COUNTY.


upon the discharge of the duties of judge of pro- bate, to which he was elected in 1859. This of- lice he held two years, and was subsequently elected court commissioner.


March 6th. 1-52. an act was passed by the legis- luiture organizing Hennepin county and attach- ing the same temporarily to Ramsey county for judicial purposes. At the first election subse- quent to the organization. Edwin Hedderly and Dr. H. Fletcher were elected justices on the west side of the river. The former was re-elected for four. or perhaps five years successively. and the latter was succeeded in 1553 by Mr. Barber, who Ind office til 1557. The foregoing list it is he- loved comprises all the justices of the prace in St. Anthony and Minneapolis to the time when the state was admitted, and is as late a date as it is deemed necessary to continue the history of these courts.


In this connection it may be remarked that in those early days, very important questions and points were decided in those justices courts. Many suits of forcible entry and detainer were brought. involving very valuable property, and although nominally. only the right of possession was in is- site. yet practically. possession in those days was emphatically "nine points of the law." and not unfrequently carried the legal title with it. Among the tracts thus adjudicated upon. were Hennepin Island, the property on which the flour- ing mills on the west side of the river are now situated, and in fact, several claims, which now constitute the most valuable part of the city of Minneapolis. None of these justices were edu- rated lawyers, with the exception of Judge Bost- wick . but were men of unquestionable prohity, strong common sense, and both law and equity were meted out in these early courts as uniformly and successfully as in any courts that have sue- corded them.


Sometimes, indeed, peculiar phases of frontier life would develop. In a certain claim suit be- tween doel B. Bassett and Daniel Bickford, after a tedious triat of two or three days. the case was submitted to the jury, who retired to consider their verdiet. After wrangling over it an entire day and more, one of the jurors. tienrge W. Tew. became disgusted, jumped out of a second story window and ran away, and thus ended the trial. I


Some days after he reappeared. but nothing fur- ther was done in the matter.


Another characteristic incident occurred in a trial before 'Squire Bostwick. One Pet Strother, one of the " boys " of that early time, was arrest- ed and brought before the court on a charge of assault and battery. The complaint was read to him. and he was told to plead, guilty or not guilty. " Well. your honor. I don't know wheth- er I am guilty or not. I did knock the man down, but he called me first a son of a b -- h. and that is not true."


"But you must plead, one way or the other."


" But." responded the prisoner. " I don't know. I'm sorter guilty, and sorter not guilty."


The writer (who was his counsel i finally induced him. for form's sake, to plead not guilty. A jury was called. and several witnesses swore point blank to seeing the defendant knock down the complainant, but admitted the complainant had first used the opprobrious epithet above mentioned. No witnesses were called for defendant : but the counsel for defendant, in his argument to the jury, insisted that none of the witnesses, in speaking of the defendant, had mentioned his first name. but had called him " Strother," and that for all that appeared, the real criminal might be some other person than the defendant. The jury saw it " in those lamps," and in five minutes returned a verdict of not guilty, and immediately made up a purse among themselves to pay de- Tendant's expenses.


Another incident of the fim the boys used to have in those early days in court, may be men- tioned. A certain Dr. Jodon, somewhat notori- ons in those days, had married a lady -which marriage, on account of the great disparity of age and position of the parties, was offensive to a large majority of the citizens. The usual re- sult in frontier communities followed-that quite a large crowd of the " fast boys," on the wedding night, indulged in a " charivari " of the couple, which was carried beyond the limits of a le- gitimate charivari (if there can be any such lim- itsi and disturbed some of the praceable citizens in the neighborhood, among others J. W. North, Esq .. who was indignant at the outrage.


Al. Stone, one of the most inveterate jokers on the east side of the river (and who is still living. and long may he wave !) thought he saw the op-


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portunity to perpetrate a good practical joke. He accordingly went quietly to Mr. North, and told him that he had ascertained the names of from twelve to fifteen persons who were engaged in that charivari, and would name the parties, includ- ing a large number of the oldest and most sober and respectable citizens of the town, among whom were Capt. Jolm Rollins, Dr. Murphy, Ru- fus Farnham, A. D. Foster, and others of like standing, and that if he would make a complaint and have them arrested he would furnish the evi- denee to have them convicted. Accordingly the complaint was made, and the parties arrested and brought before the court, and everybody was as- tonnded to learn that these staid citizens were engaged in sneh a " lark." One or two witnesses were called preliminarily, who testified they knew nothing about the matter, and then "Al.," the main witness, was called, and asked to state what he knew about it.


"I know nothing. sir."


" But where were yon that night ?"


" I was in my virtuous bed, asleep."


" But do you say you don't know who was en- gaged in that affair?"


" Well. I have heard these defendants were."


" Do you mean to say that all you know about their being engaged in it is what you have heard ?"


"Yes, sir, I supposed that would be enough."


It was enough. The prosecutor had no further evidence, and it then dawned on his mind that he had been made the victim of one of "AL's" practical jokes. The case. of course, was dis- missed, amid uproarions mirth, although the perpetrator came to the conclusion that it was a kind of joke that would not bear repetition. part of the joke lay also in the fact that the just- ice himself, on the night in question, was con- cealed near the scene of operations, and knew the parties engaged in it, and that they were not the parties named in the complaint, and tried to in- duce the prosecutor to leave them ont, but did not succeed, and of course could not reveal the source of his knowledge of the matter.


In this connection we insert an item published in the Pioneer Press in the fall of 1880, referring to the destruction of the building in which Judge Bostwick's court was held for many years.


"An old landmark destroyed. The little old


building, corner of Main street and Second Ave- ne north, East Division, owned, and for so many years occupied as an office by Judge Bostwick, was yesterday demolished, its days of usefulness having passed. This was one of the old land- marks of the city, and has a history worth rela- ting. It was built in 1849 by R. P. Russell, and first used as a warehouse for his dry-goods store adjoining. In 1850 George F. Brott converted it into a wagon-shop. and in 1851 Cal. Church re- converted it into a meat market. During the same year, the building came into the possession of, and and has since been retained by Judge Bostwiek, who occupied it in his official capacity as justice of the peace until 1860, from 1860 to to 1862, as a probate and court commissioner's office, and from 1862 to 1866, as assessor of in- ternal revenue. During his reign as justice of the peace, Judge Bostwick rendered decisions therein to the amount of over $100,000 in eivil cases and disposed of a corresponding amount of criminal business. Among the distinguished legal lights who, in those old days, read their briefs, (and some of them were not very brief. either,) under that little roof, were J. W. North, Isaac Atwater, D .. A. Secombe, F. R. E. Cornell. C. E. Vanderburgh. James W. Lawrence, Sr., William Lochren, W. W. MeNair, W. D. Washburn, Judge Parsons. W. A. Gorman, Edmund Rice, Aaron Goodrich, Wm. Hollingshead, Michael E. Ames and others too numerous to mention.


"Engineer Griffith made many of the drawings for the old suspension bridge in this building, and the old time Upper Mississippi Navigation Com- pany were accustomed to hold their meetings there. It was ocenpied as the St. Anthony city conneil room for two years, was the regular poll- ing place on election days, and republican head- quarters when Fremont was the party standard- bearer. Many were the lively and interesting scenes which transpired within its walls and about its doorway, where political knock-downs were not of uneommon occurrence; and there has been more perjury committed in that old building than any other in the city, except, perhaps, the old land office during the carly settlement of Min- neapolis. One by one the roses and old land- marks fall."


The first district court hehl in what is now a part of Hennepin county, was presided over by


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HISTORY OF HENNEPIN COUNTY.


the Ion. B. B. Meeker. appointed one of the as- sociate justices of the supreme court. under the administration of President Taylor. The court was held in July. 1819. in the old government mill building. erected for the use of Fort Snel- ling. and which stood near the present site of the Northwestern mill. Since the time of the erection of that government mill, about 18221. the falls have receded between three and four hundred feet. Franklin Steele. Esq .. was foreman of the grand jury. The records of that court have unfortun- ately been lost. but it can be stated that no bills of indictment were found nor any cases tried. and Imt two or three attorneys were present. Re- freshments suitable to the occasion. were provided by the sheriff. which were partaken of by the bench. bar and jury, and it was voted a pleasant inauguration of judicial proceedings in the coun- ty. The military reservation where this first court was held was then in Dakota county.


It has already been stated that the county was organized in 1552. but county officers were not elected till November of that year. The second district court was held in 1853. in a frame build- ing erected by AAnson Northrup, and which stood on or very near the site now occupied by the Crown Roller mill. This court was presided over IA Hon. A. G. Chatfield, who was appointed one of the associate justices under the administration of President Pierre. This was the first fully equipped district court held in the county. the first county officers having been elected. and regu- lar business was commenced. with a calendar of some half a dozen cases, appeals from justices courts. From this small beginning has grown up the innense business now transacted by two judges of the district court, and which ocen- pies almost their entire time.


Judge Chatfield continued to hold the district court in Hennepin county in a frame building on Bridge square, until the erection of the present court house. In 1557 he was succeeded by Judge Flandrau, appointed under the administration of President Buchanan. He held one term of the court. and in 1857 was elected associate justice of the supreme court of the state of Minnesota.


In 1857. Hon. Edward (). Hamlin, was elected judge of the fourth judicial district, of which Hennepin county was a part. He was succeeded in 1959. by the Hon. Chas, E. Vanderburgh. who


has been re-elected. at each succeeding expiration of his term. and who now holds the office. In 1872, an aet was passed, establishing a court of common pleas in Hennepin county. and under the provisions of the act, the governor appointed the Hon. A. II. Young, [as judge, who entered upon the discharge of the duties of the office in April of that year; the following November he was elected as judge of that court, to serve for five years from the first of Jammary, 1873. Sub- sequently in 1877, this court was abolished, and two judges were provided for in the district court, and Judge Young was elected the same year as one of said judges. As the incumbents of these offices are still in the active discharge of their duties and well known to our citizens, any extended notice of them or the court over which they preside, will not be expected. It is not. however, improper to state in this connection. that in point of ability. probity. and extensive legal learning. the present bench ranks among the first in the state.


The business in the probate court was. for many years after the county was organized, very small. Now. however, it is assuming large pro- portions, and is rapidly increasing. There have served as judges of probate. in the order named. in this county: J. B. Bassett. Hezekiah Fletcher. E. S. Jones, L. Bostwick, N. 11. Hemiup, F. Beebe, E. A. Gove. P. M. Babcock and John P. Rea. the present incumbent. After the organiza- tion of the city of Minneapolis. Chas. II. Woods, 1. G. Nieks and J. L. Himes. were elected and served as city justices. After the consolidation of St. Anthony with Minneapolis, Grove B. Cooley was elected judge of the municipal court, was re-elected in 1880. and is present city judge. In isso, F. Bailey was elected assistant judge.


Clerks and sheriff's are an important part of the machinery of courts, and on their efficiency de- pends much. the snecessful and prompt transac- tion of business. Hennepin county has been ex- ceptionally fortunate in having careful and ener- gotic men to fill these positions. With the ex- ception of the first two or three years after the county was organized. when the court had no settled abiding places, and no suitable place for preserving papers had been provided, the files will be found nearly entire. A few, during those early years. have been lost, Sweet W. Case,


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was the first clerk of the district court. elected in 1852, and held the office till 1858. He was succeeded by the following persons in the order named. viz: II. A. Partridge, Il. O. Hamlin. J. P. Plummer. George W. Chowen, D. W. Albangh, L. Jerome. J. A. Wolverton, and E. J. Daven- port. the present incumbent. Isaac Brown was the first sheriff of the county and was succeeded in the order named. by B. E. Messer, E. Lippincott, Richard Strout, John A. Armstrong, 11. G. Hicks, George W. Johnson. N. R. Thompson and Mace Eustis, the present incumbent.


John W. North Esq., came to St. Anthony in 1849, and was the first attorney who settled in the county. and one of the most prominent for several years. Ile was in 1851. a member of the legislature. was also a member of the republican branch of the convention to form a state constitu- tion in 1857. and a leader in the anti-slavery movement. He was an able lawyer, and was always a dangerous opponent before a jury. Ilad he chosen to devote himself exclusively to the profession of the law, there is no doubt but he would easily have taken rank with the ablest lawyers in the state. But Mr. North was by na- ture and education a reformer, and a radical one at that. Hle had a courage equal to his convic- tions. and never hesitated to follow them to their logical sequence. irrespective of popular senti- ment. He always stood by what he believed to be right. without regard to the cost, and conse- quently retained the esteem of his friends, and the respect of his enemies.




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