History of Grant County, Wisconsin, Part 78

Author: Butterfield, Consul Willshire, 1824-1899
Publication date: 1881
Publisher: Chicago : Western Historical Co.
Number of Pages: 1044

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HISTORY OF GRANT COUNTY.

The ease and facility with which prisoners effected their escape from these prison walls finally awoke the county to the necessity of providing a jail that would be capable of holding securely the desperadoes and ruffians who visited this section. Notice was accordingly given early in 1872, that bids for the proposed new structure would be received, and, in July of that year, the contract was awarded to Haugh & Co., of Indianapolis, for the sum of $20,500. All but the iron-work was sub-let by this firm to Norris & Hinkley, of Monroe, Wis. The follow- ing description of the new prison is published in the Herald of cotemporaneous date :

"The edifice will be made of brick and be two stories high above the basement room, the latter having an altitude of seven feet and five inches, and extending three feet below the sur- face of the ground. The basement will be divided into two compartments, one of which (the front) is to be used as a fuel room, and contain the furnaces for heating the various rooms, cells, etc., above. Eight basement windows will light this portion of the building, each grated by two horizontal and seven vertical bars of iron. The walls are to be one foot six inches thick, laid with good building stone in the best sand and lime mortar. The dimensions of the build- ing to be 362x452 feet, all measured outside of brick-work. All outside walls above the water- table will be twelve inches in thickness, to be built of the best quality of Lancaster brick. The floors will be of bush-hammered limestone, seven inches thick, laid level and properly bedded in mortar. All window-frames and sash to be of good, solid oak.

" The building will contain twelve cells, six on the first floor and as many on the second. Each cell will be five feet by seven and eight feet high, made of jail plate a quarter of an inch thick, and set on iron pillow-blocks six inches from the floor. The doors to these cells will be two by six feet, made of articulated iron-work secured with heavy bolts and provided with strong locks. A corridor composed of articulated iron-work will surround the outer tier of cells on both the first and second floors. This grating will extend from floor to ceiling. Separating the corridor from the gallery will be another grating of iron-work, the horizontal bars of which are to be of strong band-iron, and the upright of one-inch round-iron, spaced three to a foot. The lower ends of these bars will pass through the stone floor and be securely riveted. The gallery is to be two feet wide, and will extend all around the main prison. Besides the cells, gallery and corridor already referred to, the first floor will contain a kitchen and guardroom ; the second a jailer's bedroom and a female ward furnished with six beds and provided with an iron door. The walls on three sides of the main prison to be eight feet in height, the wall on the north side the entire height, the whole ceiling of the apartment containing the cells as well as the floor, walls and ceiling of the female ward are to be lined with jail plate-iron a quarter of an inch in thickness. There will be eight windows in the prison, and two in the female ward, each made secure with cast-steel gratings, consisting of three horizontal and seven vertical bars, the latter let into the caps and sills two inches, and the spaces around them at the bottom will be filled with melted lead. There will be two swinging beds in each cell, and six in the ward for women. These will be hung with chain suspenders and hinged with strong hinges, four inches from the wall. To be made wholly of iron.'

Some slight changes were made in the original plan, two feet being added to the height of the basement, and six inches to the thickness of the basement walls, besides several minor ad- ditions.

The site selected for the new building was a vacant lot on the corner of Jefferson and Maple streets, and just north of the old jail. Work was commenced soon after the awarding of the contract and carried rapidly forward, and in September of the following year, the completed structure was turned over to the county and accepted. The total cost of jail and lot was $21,740, $800 having been paid for the lot and a small sum allowed the contractors for extra work according to changes made in the original plans.

It had been intended at first to include a Sheriff's residence with the new building, and plans for a building 44x27} feet, two stories high, with a mansard roof, had been accordingly drawn. The cost of this additional building would have been about $7,500, but from motives of economy the residence was omitted, something that was afterward much regretted. This

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contemplated addition will doubtless be completed according to the original plans ere many years roll round, as only this is needed to round-out and finish to completeness what is undoubt- edly one of the finest jails in the State.

County Poor Farm .- This property which lies some two miles southeast of town on the Platteville road was purchased by the county in the fall of 1845, the purchase being brought about in a great measure by the efforts of Judge Barber and Dewey, who previously had purchased the property and offered the county the land at the cost price, namely, $3 per acre, providing they would establish there a poor farm, the need of which was already felt. The proposition was accepted, and November 17, 1845, deeds were made out direct from James Wilter, of Monroe, Green Co., to the county of Grant, by which the latter became the owner of 240 acres of the half-section sold by Wilter. Work was begun upon the proper buildings thereon, and the farm was ready for occupancy the following year. Isaac Martin was the first Super- intendent. October 24, 1866, the main building was destroyed by fire, the incendiary being an insane pauper named Susan, who started the blaze in her cell. There were no men on the place at the time, and although the women present fought strenuously against the fire fiend, they were unable to subdue it, and before help could arrive from Lancaster the flames had such possession of the structure that all efforts to save it proved unavailing. The furniture and some few other articles were saved. The building was uninsured, and the loss to the county was estimated at $7,000. At the meeting of the Board of Supervisors in the November following, the sum of $5,000 was appropriated for rebuilding the structure, the new building not to cost over $8,000. During the interval, a stone building about a mile south of the poor farm, the property of the Hon. J. P. Cox, then lately deceased, was leased for the use of the Superin- tendent and inmates until the new building could be erected. The present poor house is a com- modious and neat-looking structure, combining comfort with all the requirements necessary for such an institution. Its cost, however, somewhat exceeded the price set by the Board of Su- pervisors when rebuilding was first determined upon.

EARLY JUSTICE.

As is usual in new countries, the earliest efforts to establish the blind goddess with her impartial scales securely upon her throne in Grant County, were accompanied by many discrep- ancies in form and procedure that cannot fail to produce a quiet smile upon the countenances of present-day barristers.

Not but the dignity of the higher courts, under the same and dignified rule of Chief Jus- tice Dunn, backed by a bar comprising such names as those of Orsamus Cole, Stephen O. Paine, J. Allen Barber, Judge J. T. Mills, and other legal luminaries of a like standing and character, was well preserved and their proceedings marked by that staid decorum that is supposed to be the especial characteristic of these fountain-heads of Justice. On the contrary, while in excep- tional instances, and these extremely far between, might have been exhibited instances of gaucherie and disregard of legal amenities, the bench and bar of Grant County would take high precedence with any similar body in the State. While this is the case in the upper courts, it is equally true that the lower channels at times, under the influence of amateur occupiers of the wool sack, pursued a most tortuous and perplexing course, ending in climaxes altogether the reverse of the meaning intended by the court; a few of the most authentic have been culled from the many and are given below. The first are included in the recollections of the Hon. Henry S. Baird, published some years since, who relates them as happening in the western part of the State at a very early day. While it is possible that they may not have occurred exactly within the territory afterward defined as Grant County, they are altogether too good illustra- tions of the early legal modus operandi to permit of their being missed here. Says Mr. Baird:

"In the subordinate or Justices' Courts, many singular incidents transpired and decisions were made, which, to the actors at the time, seemed to be all right, and in strict conformity with their notions of justice; but, to modern practitioners, they would appear, however, to conflict with the strict rules of evidence and encroach upon the rights of the citizen. I will illustrate

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HISTORY OF GRANT COUNTY.

by relating the proceedings that took place in two cases tried before Justices' Courts in the western part of the State about the year 1830. A plaintiff was, at that time, permitted to sue his debtor by warrant, and on judgment being obtained, to issue execution against and imprison the body for want of goods or chattels, out of which to make the money. In the case I allude to, the gentleman who related to me the story, applied to a country Justice for a warrant, he acting as the agent of a firm in St. Louis that had sold a bill of goods to the defendant. The warrant was issued and placed in the hands of a Constable. The plaintiff's agent returned to his place of abode, distant several miles from the office of the Justice. The Constable, prompt in the discharge of his duty, went in search of the defendant, and, in the course of a day or two, arrested him and brought him before the Justice. The question now arose, how should the attendance of the agent be accomplished? This was soon settled by the Justice, who immedi- ately issued a warrant against his body and directed the Constable to bring him forthwith before the court. 'But,' said the Constable, 'What shall I do with the defendant in the meantime ? I cannot carry him with me.' 'Oh, I will fix that,' said the Justice, who at the moment. observed a man on horseback passing by. The Justice hailed him, and commanded the stranger to alight and take charge of the defendant. The traveler at first refused, alleging that he was a stranger, residing in Illinois and going on business to a distant point, but the Justice would receive no such excuse. He informed the stranger that he was a Justice of the Peace, and, in the name of the United States, and by authority of the laws of the Territory, ordered him again to take charge of the prisoner. He reluctantly obeyed the mandate, and mounted guard over the defendant. The Constable then went in search of the plaintiff's agent, found him at his residence, arrested him on the warrant, brought him before the court, and reported that he had the 'body' there present. The trial proceeded and judgment was duly rendered against the defendant. It was now nearly dark, and, as in those days, houses were few and distant from each other, the traveler said to the Justice, that as he had detained him nearly all day, it was then too late to proceed on his journey, and he supposed he could give him supper and lodging. The Justice was quite willing to do so-for he was not only a Judge, but a landlord as well. The, traveler and plaintiff's agent accordingly had their horses cared for, had supper, lodging and breakfast, immediately after which the stranger ordered his horse; but when about to mount and ride off, he was civilly informed by the late Justice-now landlord-that his bill was twelve shillings. In this case, the Justice probably pocketed more than either party or the Constable. At the other trial, I witnessed the whole scene myself. The court was held in a small log school- house. The suit was brought to cover the amount of a note in hand. The defendant pleaded either payment or want of consideration ; each party had employed counsel, and a jury of six was empaneled to try the issue. A witness was called and sworn. In the course of the exam- ination, one of the counsel objected to some leading question put by the opposite side, or to. some part of the witness' answer as improper testimony. The Judge overruled the objection and the witness proceeded ; but, erelong, another objection, similar to the first, was made from the same side. On this second objection being made, the foreman of the jury, a large and portly individual, who bore the title of Colonel, and, probably, owing to his exalted military rank, was permitted to wear his hat during the trial, manifested a good deal of impatience, shown by fidgeting in his seat, and whispering to his fellow-jurors; but the Justice again over- ruled the objection, and told the witness to proceed. This he did for a short time, when he- made a statement which was clearly irrevalent and contrary to every rule of evidence and com- mon sense. The attorney who had so often and so unsuccessfully attempted to exclude this- sort of evidence, could no longer silently submit; he again rose from his seat and most respect- fully appealed to the court, protesting against such statements going to the jury as testimony. Thereupon the worthy foreman rose from his seat and swore he would no longer sit there and hear the objections of that fellow ; that he had taken an oath as a juror to decide the case accord- ing to the evidence, and if he could not hear the whole story from the witness he should leave. Accordingly, he made several strides toward the door, when the Justice rose from the bench, and approaching the juror, placed his hand on the Colonel's shoulder, and begged that he would

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return to his seat, promising that the troublesome attorney should not again interfere. After some persuasion, he consented to do so, at the same time-while pressing his hat more firmly upon his head-he exclaimed, 'Well, I'll try it once more, but d-d if I'll stand any more of that fellow's nonsense.' The attorney gave up in despair, and the opposite counsel had it all his own way."

A third illustration of the manner in which the dignity in which the law was upheld, some- times under serious difficulties, comes from the southwestern part of the county. Two parties became embroiled in one of those bouts at fisticuffs so common in the mining region at that date, but before any considerable damage had been done, a third party stepped between the combat- ants, and restored order. But the peace of the village had been disturbed ; the dance was over, but now some one must pay the piper. Accordingly, a warrant was issued and one of the pugilists arrested. His trial came off in due form, and resulted in his acquittal. Thereupon the other party to the fracas was brought before the dread bar of justice, with a similar result. Matters were now becoming serious; insulted justice demanded a victim, and a warrant was issued against the body of the peace-maker. Thoroughly astounded, that individual was brought before the court, and convicted of disturbing the peace of the commonwealth. In the meantime, astonishment had given way in the mind of the victim to a feeling of righteous indignation, which was shared to the full by his friends. Suddenly the tables were turned, not only figura- tively but literally. The Court was obliged to take refuge in flight, and the last seen of his honor he was making hasty strides over an eminence in the vicinity, with his erstwhile prisoner trailing close in the rear, while the latter's friends obligingly remained behind, to reduce to chaos the scene of their favorite's disgrace. The pound of flesh, tradition assures us, was never obtained in that case.

It was genial Daniel Gellipsie who, after listening impatiently to long-winded arguments upon law and evidence when he was seated on the bench, gave vent to his feelings by exclaiming with emphatic earnestness : " Gentlemen, you may go away with your Blackstones and your whet- stones. It is my private opinion that the plaintiff has got the right of the case, but the Court reserves its decision until Monday.""

The northern part of the county comes to the front with a well-known instance where the Court, not waiting for the slow and ponderous movings of the law, took upon itself the double role of Judge and executioner. A case was on trial, and the small carpenter-shop, covered with its cleanly litter, was filled with legal talent, witnesses and spectators. The trial had not pro- gressed very far before one of the witnesses cast a doubt upon the veracity of the Court, or in other words, suggested that his Honor was " a d-n liar." This was more than Scotch blood could stand. Rising from his seat, the incumbent of the bench remarked to himself: " Your Honor, I dismiss this court for fifteen minutes," and then, pulling off his coat, proceeded to inflict swift and terrible punishment upon the vile slanderer. Having finished his self-imposed task, his Honor resumed his seat, opened court, and no more insults were offered to that fount- ain of justice. A volume might be filled with incidents, pathetic and humorous, of the early administration of the affairs of the blind goddess, but the few given will show to those reaping the benefits of the pioneer labors of the fathers of the county, one of the many crucibles through which came the present forms of law and order.

CAPITAL CRIMES.

Grant County in its earlier and middle-age history was the abode of many representatives of the rougher elements of society, drawn hither by the mines and its proximity to the Missis- sippi, that famous water-way which served for many years previous to the war as a promulgator of vice as well as a pathway of commerce. This roughness gradually wore away under the nat- ural and social laws of the advancing civilization, until the cuttings, shootings and brawls, of which the county was so prolific in an early day, are now remembered only as vague traditions of the past. It does not come within the province of the present chapter to take note of every disturbance which resulted in loss of life, but only of such as at the time created a strong ripple

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of excitement, so as to for the time being shake the foundations of society in the neighborhood where the crime was committed.

JIM CROW MURDER.

Among the earliest assassinations which took place in the present confines of Grant County, and one that, at this date, seems most brutally cold-blooded, was the shooting of "Jim Crow,' at Potosi, by a gang of claim-jumpers. The following account of this murder is compiled from different sources, chiefly from a history of the crime that appeared in the Grant County Herald some years ago :

" The 'Long Range' was one of the most prolific ranges of mineral ever worked in the Potosi mines. It was originally discovered by a man by the name of Fipps, who, failing to dis- cover the fortune it contained, and, after working awhile on side crevices, sold out for a trifle to more fortunate parties. A mining claim, at this time, was a lot two hundred yards square, as allowed by the Government. Moor & Watson held one of these lots, and, in proving their claim, struck the main body of mineral, or, in more modern parlance, the ' bonanza.' There was liv- ing in ' Snake Hollow,' at this time, a gang of roughs, whose business was to make an easy liv- ing by any means that might subserve their own nefarious purpose. Sometimes they would decoy their victims into the saloons and fleece them out of their 'piles ' at the gambling table. Failing at this, they did not hesitate to adopt means that would compass their design and place them in possession of the coveted treasure of the fortunate and hard-working miner; and woe be to the man who fell under the ban of their displeasure. Their plan once devised and adopted, they did not fail to execute it, however hazardous and villainous the means used in its accom- plishment. No retreat, however secure, was safe from their invasion. With the stealth and persistence of the India thug, they pursued their victim, and, once within their meshes, there was no escape. The 'Long Range,' with its deep, capacious crevices of glittering ore, was a prize, and the band resolved to have it-by fair means if possible, by foul if necessary. Moor & Watson learned their design, and resolved to beat them in their own way. They gave 'Jim Crow' a fighting interest. He was a man formed in a perfect mold, and well skilled in the ' manly art of self-defense,' his right name being James D. Morga, but, through the mines, he went by his sobriquet of ' Jim Crow.' It was a pastime for him to ward off the blows of his antagonist and send him sprawling to the ground with a force that beats the Keely motor. He was never known to seek a quarrel nor to back out from one in behalf of an insulted or injured friend. A few well-directed blows was sufficient for the occasion, and the recipient never asked to have them repeated. Bill Goodfellow, also a powerful man, thought to dispatch him once, at a saloon in Dubuque, striking him in the back with an ax, severing his ribs from the bone ; but Jim, quick and fierce as a she tiger, turned on him, wresting the ax from his hands, and, before feeling the effects of his severe injury, dealt him such a thrashing that Bill ever after kept the peace. Such was the new partner in Moor & Watson's diggings, whom the miners had learned to respect for his unobtrusive devotion to the right, and the roughs to fear for his swift and ter- rible punishments of the wrong. A fellow by the name of John Calder was the first to assert his claim to the diggings, and, for this purpose, armed himself with a gun. Jim saw him com- ing and advanced to meet him half way. His first move was to wrest the gun from his hand, and then administering a few well-placed kicks, ordered him to return by the path he had come, or he would blow the top off his head; Calder obeyed, and relinquished all further claim. A few days after, the whole gang, consisting of Sam Rountree, Bill Clark, Cyrus Harper, Jake Derrich, Bill Cooley and Lindsey Evans, all armed, were seen approaching the diggings. Jim Crow was prepared for them. He stood, as they approached, leaning on the windlass at the mouth of the ' hole,' armed with his knife, pistols and rifle. When they came within thirty yards, Jim ordered a halt along the whole line. They knew too well the determined character of their foe, and to advance farther was certain death to one or more, and they wisely concluded to obey the order and remain where they were. Harper tried to commence conversation and said : ' Crow, we have come up to settle this difficulty, and would like to talk with you a little.'

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Crow replied, ' You can't talk to me; you have come with a d-d pack of thieves. Now, take the path you came, and go home and attend to your own business.'

"They did leave and were only too glad to get beyond the reach of the well aimed rifle. Though held at bay and baffled in their nefarious purpose for the time, for there is little doubt they purposed to kill Crow then and there, if they could do so without endangering their lives, they were not to be thus easily thwarted, and slowly returned deliberating a more successful revenge. It was not long delayed. All was kept quiet. No intimation was given of the work they had in view, and it was supposed the strife was at an end, and Moor & Watson were to be left in the peaceable possession of their rich diggings. A few weeks after, Jim Crow was sitting in Owen Mclaughlin's grocery, quietly smoking his short pipe, when Bill Cooley, Jake Derrich and Lindsey Evans entered. It was observed that Evans wore a cloak. All walked up to the bar and called for something to drink, inviting Jim Crow to do the same. There was nothing in the words or movements of the men to betray suspicion when the two turned to leave the house. Cooley and Derrich had passed out, when Lindsey Evans turned suddenly round sent a ball whiz- zing through Crow's heart, and left him weltering in his blood. He expired in a few moments thereafter, while the assassins mounted horses that were held in waiting by their cowardly asso- ciates without and escaped down the Hollow. Crow was buried in Whittaker's field, on the hill, to the left of the road leading from Potosi to Galena. The events succeeding the cowardly as- sassination stop not here, and were fraught with more than mere local interest. The number and influence of the gang, some of them being men of means and holding respectable connections, defied the law. The local authorities were mere minions of their authority, and, if not willing tools, were but too anxious to avoid giving offense. The three principal murderers, after skulk- ing a few days in the neighborhood, were arrested, and, after a farcical examination, were set at liberty. It was then the people became aroused. Nelson Dewey was serving his first term of Justice of the Peace in the town of Lancaster: From him a new warrant was procured, and the villains re-arrested and brought into court. The prisoners were held to bail and com- mitted to the guard-house at Prairie du Chien, there being no jail yet in the county. The ex- amination lasted all night and some time into the next day. Many of the persons who attended were known to be armed, and their previous intimacy with prisoner and known desperate char- acter fastened the rumor that an attempt at a rescue would be made. A guard was organized to protect the officers, and thus under a strong guard the prisoners were started for Prairie du Chien. They were afterward brought before Chief Justice Duun on a writ of habeas corpus and admitted to bail. This action on the part of Judge Dunn aroused the slumbering passions of the better class of citizens. These lawless desperadoes again at liberty, defiantly returned to their old haunts in Potosi. Forbearance had ceased to be a virtue in this case, and meetings were held to take into consideration the best mode of getting rid of them. It was finally determined to drive them out of the country, and a limit fixed to the number of days they might remain to ad- just their business. At the end of the time an armed body of men numbering two hundred and over, marched into the town; but the desperadoes had made good their retreat, and put the waters of the Mississippi between them and all danger. The principals never returned. As an episode showing the animus of the times and of the kind of characters that went to make up a mining town, the following incident will show: Dr. Hill was a friend of some of the parties implicated in the murder, whom the mob compelled to leave. One of them went to him for advice. The Doctor said: 'I will not advise you one way or another, but there is not men enough in Wis- consin to drive me out.' This remark identified him with the gang, and a meeting was called to dispose of his case. Dr. Hill hearing of it armed himself to the teeth and walked into the meeting. Taking off his hat, and standing straight as a lamp-post and bringing his rifle to a ground arms, he addressed the meeting as follows: 'Mr. President, I understand this meeting has been organized for the purpose of driving me out of Potosi. Sir, is that the object of this meeting? G-d d-m your souls ! you can't drive me out! and you shall not discuss a matter of that kind.' And every one present knew that speech portended death to the first man who should open his mouth. The meeting was cowed into silence and one by one they dropped out,

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History of Grant County, Wisconsin, Part 78

Author: Butterfield, Consul Willshire, 1824-1899 Publication date: 1881 Publisher: Chicago : Western Historical Co. Number of Pages: 1044

Author: Butterfield, Consul Willshire, 1824-1899
Publication date: 1881
Publisher: Chicago : Western Historical Co.
Number of Pages: 1044