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History of Linn County Iowa

Chapter 6 No.6

Word Count: 13103    |    Released on: 06/12/2017

gs in Li

e war had stirred up more or less enthusiasm as to the future of the west, and settlers began to come soon after the war had ended. Many of the officers, and others who had taken part in the war, became the government agents and officials in

grew so rapidly. The growth was general, it is true, but Iowa seems to have

s not admitted to statehood till 1858. Thus, it would appear, that Iowa remained a territory for a shorter period of time than any other of the western states located in the Mississippi valley, but, of course, there is reason for this. It was a prairie state, i

, in making contracts and ceding lands to the government. Settlers were coming in constantly and a demand for a survey of the lands was made from time to time. Survey of the public lands in Iowa was begun in the fall of 1836. Great preparations for the land sales were made. These were to take place in Dubuque and Burlington in

the surveyors-general in the early '40s was no other than Judge James Wilson, of Keene, New Hampshire, a son of a Revolutionary soldier, and hi

, W. B. Watts, A. F. Russell, W. H. Patton, J. W. Parker, J. D. Bell and J. H. Rose. The convention in its petition to congress asserted that there were 25,000 people in that portion of Wisconsin Territory known as "The Iowa District;" that houses had been erected; that farms were cultivated, and st

east, which were created at the same time. The boundaries received at this time have not been altered. The spelling of the name was Lynn, although it was spelled in the body of the act itself Linn; it took its n

y of September 21, 1832, known as the Black Hawk Purchase; the western part, or the other two-thirds, was acquired by treaty of October 21, 1837. The fourteen counties created by an act sub-dividing Dubuque county into new counties, which was approved October 21, 1837, were as follows: Dubuque, Clayton, Jackson, Benton, Linn, Jones, Clinton, Johnson, Scott, Delaware, Buchanan, Cedar, Fayette, and Keokuk. While

re, Jackson, Jones, Linn, Clinton, Cedar, and Scott have remained as they were laid out at

the winter of 1838 and 1839, was the following: "An Act to Organ

the inhabitants of said county be entitled to all the rights and privileges to which, by law, the inhabitants of other organized counties of this Territory are entitled, and the said county shall

ty, and shall meet at the house of William Abbe, on the first Monday of March next, in said county, and shall proceed forthwith to examine and locate a

E LOG

be, Linn County

erritory, under their hands and seals, a certificate containing a particular description of the situation of the location selected for the aforesaid county seat; and o

zed to administer the same, viz: I, ............, do solemnly swear (or affirm) that I am not, either directly or indirectly, interested in the location of

on of six months after the Governor's proclamation, declaring the said seat of justice permanent, become interested in said town or any lands in its immediate vicinity, the Commissioner or Commissioners shall, upon conviction there

ocation of the seat of justice of said county, each two dollars per day, and also three dollars f

njamin Nye, accepted the trust, meeting at the house of William

of one of the Revolutionary generals. The Commissioners reported to the governor of the territory th

, which had been laid out by Israel Mitchell with the expectation that this would be the county seat, Mr. Mitchell believing that

first county election was held in August, 1839, when three commissioners were selected at Westport-L. M. Strong, Peter McRoberts, and Samuel C. Stewart. This body had the same powers as was later conferred upon the

nutes

it was ordered that John C. Berry be and is hereby appointed t

be and is hereby called and shall hereafter

west of Big creek and east on the Marion and Davenport roads crossing Big creek. "It was also authorized that as Linn County had no safe place for the keeping of criminals that Sheriff Gra

Sugar Grove Precinct, with the following judges: William Abbe, John Cole, and John McAfferty; one at Marion, with James W. Bassett, Hen

ut additions, which was done. A county jail was also ordered erected in January, 1840, and the contract for the building of the same was let to William A

IRST

nds in the county was advertised to take place in January, 1840. On account of the difficulties of transportation, the settlers petitioned to have the same postponed until the summer of that year, which petition was granted. George Greene, who had been a school teacher near Ivanhoe and even at that time was a man of no ordinary ability, was asked to see what could be done in changing the place from Dubuque to Marion

OURT HOUSE

brought against James Doty for jumping a claim on the west side of the river, adjoining the claim of Robert Ellis, the question being whether or not a man erecting a bark building and claiming the land had complied with the law. The jury was impaneled and a trial had which lasted for some time. When the case went to the jury the judge and all vacated so that the jury could use the small room in arriving at a decision. The jury was out the afternoon and all night, and at ten o'clock the next morning they reported that they were unable to agree. During all this time they had had nothing

t brick court house was erected by George W. Gray, the brick superstructure being built by Peter D. Harman, of Bertram, father of Warren Harman, of Ce

d to William Abbe and Asher Edgerton for $635.00. The building was finished by May 1st

ed District No. 2; and Marion and Putnam District No. 3. At the July session, 1840, the board of commissioners began to discuss the question of township organizations. A vot

1841; Linn and Rapids, 1843; Otter Creek, 1844; Buffalo and Maine, 1848; Monroe, 1849; Spring Grove, 1853

JUDI

ates and also for the Territory of Iowa met at Marion in said county on Monday, October 26, 1840. Present: The Hon. Jos. D. Williams, judge of the second judicial district for the territory; W. G. Woodward, district attorney of the Unite

ambers, William Donahoo, Dan Curtis, W. T. Gilberts, G. A. Patterson, Isaac Butler, John Goudy, J. A. Gibson, Joe Barnett, Asher Edgerton, Wil

ud, Thomas Goudy, J. W. Willis, John Long, J. W. Margrove, Ira Simmons, John Crow, Joe Carro

s was that of H. C. Dill vs. John Barnett: one of the first criminal cases was that of Territory vs.

A. Coles, claim filed and allowed November 8, 1842; in the estate of Thomas Gray, claims allowed in 1844; in the estate of J. Barnett, claims allowed in 1843 in favor of Israel Mitchell in the amount of $4.50; in

ng assigned by John O. Gray to plaintiff. The next case was that of Thomas W. Campbell and Perry Oxley vs. John Barnett, which was a tra

that he was then a resident of Linn county and that he was formerly a subject of Scotland of the United Kingdom of England and Ir

Usher at the October term, 1842, but it seems that the notice of

the petition of Mrs. Parthena C. Hewitt vs. Ab

UIT

nn became part of the second circuit of the eighth judicial district, the circuit consi

1869, when W. G. Thompson appeared as pro

hnson, Jones, Iowa, Tama, and Benton counties. It was known as the eighth district of the circuit and distri

hed and Linn county was incorporated into a district comp

D EXCITI

achery, cowardice, and selfishness have here, as in many other places, played their parts. It is not best to uncover many of thes

was brutally assaulted by James Reed in Marion in 1847. Reed had been drinking heavily and got into

ing out of a dispute over some property interests. The parties met on a public highway, a quarr

CHURCH, CEDAR RAPID

STON JONES, WHERE

RROLL'S

he jury returned a verdict of "guilty." This sad affair was due to liquor, bot

ppalling nature on record; sometimes a con

nificent addresses were heard, and no lawyer practicing at the Linn county bar was ever a miser of his eccentricities, whatever they might have been. Most of them had the thread of the attorney in their na

OF THE

ves against outlawry. Some of these outlaws had committed theft and robbery and were living upon this borderland of civilization, knowing that it would be perfectly safe under assumed names. Others came here for the special purpose, knowing it was easier to make a living by theft than by honest toil. Thus, the Linn county fron

rt Armstrong back into the country forty miles, and from the Missouri line to a line running westward from Prairie du Chien in Wisconsin. It was a large tract of country, and offered secure hiding places for law violators. In this wild country, along rivers

was a scarce article. No one was able to tell where this counterfeit money came from, but it is supposed very little, if any, was made here but that it was imported from other places and distributed by "healers" on a percentage basis. While a cry was raised against counterfei

spectable persons in the community. They were shrewd and cunning in their business transactions, and hedged themselves in such a way as to escape detection and exposure for a long time. These "free booters" and plunderers would move from county to county and from community to community if things got a little hot and they feared exposure. In counties where they were in the majority they would intimidate and scare the actual settlers, even if these knew positively that depredations had been made. And frequently the hon

g members of these various gangs of counterfeiters,

ed their career of villainy. On account of some misdemeanor they were driven from Clear Ford on the Mohican river in what is now Ashland county, Ohio, in 1830 or 1831, and sought refuge for a time in Steuben county, Indiana. Here they remained for a couple of years when they became so notorious as to arouse the country against t

insisted upon law enforcement. They then drifted westward and located in Linn county. From this time on for a number of years there

later removing into Johnson county where Morse is now located. Stoutenberg resided at times with McConlogue and at times with Squires. A number of others associated with the gang and live

good haul. The gang went up along the Cedar river on the west side and crossed the river about where Goudy's home was. Here McConlogue had some conversation with a person who knew him. About midnight of a day in April the door of the Goudy cabin was forced open and the inmates awoke to find themselves surrounded by five burglars who threatened their lives if they did not give up their money. Old Mr. Goudy replied that he had but little money, only $40.00, and that they could find that in his vest pocket. The vest was searched and the money found. They insisted that he had more and demanded it. The old man persisted that it was every do

ey received nothing, and after turning over everything in the house and finding only some provisions, they left Goudy and went to the cabin of William F. Gilbert, another prominent settler in the neighborhood, who was also supposed to have considerable money. On the night in question Gilbert had stopping with him three men, the mail carrier who operated a stage between Dubuque and Iowa City, and two others. In the Gilbert house, as in the other house, the cabin consisted of only one room with several beds, and on this night Mrs. Go

rightened Mr. Goudy's son, during the plundering, arose in bed and recognized a neighbor-one Goodrich, who lived but a half mile distant-as one of the robbers. This neighbor had up to this time been looked upon as a respectable man. It was he who opened the drawer as quic

nel Prior Scott at Pioneer Grove for advice and counsel, and especially to apprehend one Wallace who was implicated in this robbery. Colonel Scott went among his people and organized a "mutual protective association," the settlers hunted up their rifles and shot guns, and the organization was ready to begin work. Wallace had fled, but pursuers were on his track and he was apprehe

liminary examination was held before John G. Cole, one of the first justices of the peace in Linn county. Both of th

esided near Halderman's mill. At two o'clock in the morning a posse surrounded Switzer's home. He refused to open the door and they waited till

and examined in the court of "Judge Lynch" in order to obtain a confession from him, and he was finally tied to a tree and severely flogged. He was never seen aliv

rticulars of the robbery and the extent and names of the gang, then he should be whipped the second time until he died. Blows continued to fall upon his quivering and bleeding back until he implored for mercy and promised to reveal all he knew about the robbery and the operations of the "free booters." He admitted having knowledge of the Goudy robbery and that he received as his share of the booty $25.00. He also admitted that Wallace was the leader of the gang at this time and that Switzer was ano

er's son, was also horse whipped and gagged at the same time but he refused to answer any questions and denied

ught and whipped nearly to death near what is known as Scott's mill, without making any confession, but with threat that if anything more was heard of any attempted robbery of any kind

SEWAR

rst Settlers

on the banks of the Cedar river. McBroom claimed that he had lived an honest life since removing from the Cedar river and he begged Stretch not to say anything about it, at least in his new home. Stretch agreed to this,

n as "regulators" or members of the "anti-horse thief association." Seventeen bullets had penetrated his body. Who had a hand in this act is not known, although the members are said to have belo

trict court, Joseph Williams presiding. George McCoy was sheriff and William Knott was his deputy. The following named persons, all well known settlers, sat on this jury:

night of the robbery. Switzer tried to prove an alibi, and had a number of people who swore that he had been at another place on the night of the robbery. It is said that the jury was out two days and two nights and during this deliberation Switzer tried to approach Knott by saying that he

e out one of the jurors had a handkerchief protruding from the side pocket of his coat. Switzer recognized the signal. With the nimbleness and quickness of a bare back rider he jumped on to the horse and darted away like a cyclone. Knowing the proposition Switzer made to Knott there seems to be some reason

ht place when he was under arrest in Cedar county, and he asked Knott to convey his best wishes to the juror who had hung out in his favor. Mr. Knott ascertained that Switzer's morals had not changed any on account of his removal. In 1874 Judge John Shane and his wife visited California, and upon inquiry at

money and a judgment was obtained. Judge Shane consulted an attorney and tried to get a transcript of his judgment in order to collect th

n's cloak of the old style thrown loosely about his shoulders. The sheriff, his deputy, and a number of men surrounding them also carried arms, and in case the jury had returned a verdict of "guilty" it wa

55, while many suspicious persons still lived in the community, they were more guarded in their movements than before, and these des

SETT

y of Linn C

e at Westport, but whether he bought this from Wilbert Stone is uncertain. It is stated that William, or Wilbert, Stone, sold his store or had one at Westport about 1837 where he did some trading with the Indians. He must have been there as

privilege of filing on it when the land would get into the market. Much of this land was handled that way. The southeastern and eastern part of the county were first settled, and

rst came into the market in March, 1843, and not till then, did the settlers come in any large numbers. All were anxious to get free lands. The town sites were laid out as follows, though they were only squatter's rights: Westport in July, 1838, by Israel Mitchell; Columbus (Cedar Rapids), September, 1838, by William [or Wilbert

tle money and were willing to pay so as to get a home at once. Many of these young venturesome spirits frequently in six months or a year would pick up from $500.00 to a couple of thousand for a claim, depending somewhat upon the improvements made. At times these squatters would erect fairly good log houses and stables, and dig a well or two, and would also put in a little garden stuff-potatoes and the like-so as to keep the family partly, at least, over winter. Crops and all improvements would go with the bargain. Many of these men drifted farthe

n would not have been reached so early in this century had the lands immediately west of the Mississippi been unselected. It was, and stil

early saw the exceeding beauty and fertility of the Iowa lands, and thus news was spread among the people of the east before the Iowa lands were thrown open for settlement. Ohio, Indiana, and Illinois were by this time pretty much settled up, and so was Missouri and nearly all the land adjoining the Ohio and Mississippi rivers. Thus it was that as soon as the word came from the government that part of Iowa

ey were bold, fearless, and determined, as well as resolute, and they pushed on until they found a locality which s

ans, had no other means of crossing the river than in Indian canoes. By the latter part of 1829 one John Barrel was commissioned to maintain a ferry at Rock Island, which at that time was within the confines of Joe Davies county, which extended for miles and miles along the river, like Dubuque county on the we

d hors

per head, other th

wagon

e hitched to

-horse w

eled carriag

rse wa

weight of m

s the river on the ice and thus save this additional expense. William Abbe and his family, and many other

lly, there extended a system of small stores in the bayous, creeks, and rivers where trading was carried on mainly with the Indians. The settlers who came generally followed these trails

near these frontier stores for prot

the early forties considered one of the best villages in the territory. It was to this pl

earer than those at Davenport, Muscatine, and Rockingham. It is said that Robert Ellis and Philip Hull came to William Abbe's on their way to Muscatine to get provisions in the fall of 1838. William Abbe gave them $15.00-all the money he had-and with tears in his eyes told them to buy what they could, for that he did not know what would become of his wife and children when that was gone, for it was

OUNTY

e settlements were treacherous quagmires in which wagons going for or returning with provisions were sure to settle in up to the hubs, and when once in the mud there was no way to get them out

ams were swollen so as to be impassable. Thus it was impossible to get to any place for food or for provisions until way into the summer. Consequently the settlers experienced many hardships, and much of the stock died from sheer starvation. As early as possible in the spring the settlers would unite and start off f

Dubuque, Muscatine, Davenport, and Burlington many times, while it is said of William Abbe that he walked easily 60 miles a day without being very much exhausted. Th

James Dawson and James Gillilan, the latter owning a team of horses. They constructed ferry boats of their own on which to cross the river. The other two parties got tired and left. Crow later found Dawson in Illinois. They travelled over much of Iowa, back and forth, mostly on foot; sometimes together, sometimes setting out in different directions alone. Finally, both Dawson and Crow united in Jones county, staking out a claim in Linn county in July, 1837

ere as real settlers, were the following: Samuel C. Stewart, Peter McRoberts, John Afferty, William Abbe, Israel Mitchell, Will Gilbert, J. G. Cole, Hiram Thomas, Joseph Carraway, Jacob Leabo, John Henry, J. Wilbert Stone, Osgood Shepherd, wife, father and several children, Robert Ellis, O. S. Bolling, Mr. Ashmore, W. K. Farnsworth, Robert Osborn, Thomas Campbell, Perry Oxley, Will Vineyard, James Hunter, J.

g in Putnam township; Isaac and Abner Cox and John

ichael Greene, Bart McGonigle, Henry Nelson, William Chamb

s on the site of Cedar Rapids as early as 1836 and located west of the river two years later. The young men could make no money in a new country, and while they took claims they fre

is up to the Brodie family, consisting of parents, five sons and three daughters. The names of the sons were Hugh, John, William, Steven, and Jesse. Rev George R. Ca

had somewhat of a history in the early days of politics in the

known not already mentioned may be named Ambrose Harlan, Dave Woodbridge, J. E. Bromwell,

s ago. These statements may not be correct in some details, but the

ler in Linn county, he coming in 1838, and of the first marriage in the county as that of Sarah Haines to Richard O

lso carried on some store or trade with the Indians before this. He speaks of the second store as being operated by W. H. Mer

rd cabin, and was this so-called first tavern erected and occupied by Stone, who later was compelled to vacate it and give up his claim? Mr. Wolfe also speaks of the first saw an

en factories and the steam bakery of I. H. Shaver & Co., and of the Fish paper mill, manufacturing 300 tons of paper annually. The

ofessions were represented by ten clergymen,

g daily between Iowa City, Solon, Western, a

t. It is from A Glimpse of Iowa in 1846, by J. B. Newh

e, and of moderate extent; the timber equally and amply apportioned, generally of full growth, consisting, principally, of red and white oak, black and white walnut, linn, sugar, maple, etc. Linn county is famous for i

edar, at the edge of a beautiful grove, on a gentle prairie roll. It contains several stores, a commod

facturing interests. This traveler of sixty-five years ago speaks of timber which h

wa State Gazetteer, 186

States, the Hon. Louis F. Linn, of Missouri. It is situated centrally in the easte

consisting of twenty Congressional townships, containing an area of 720 square miles. It is bounded on the north by Buchanan and Delaware counties, east by Jones and Cedar, south by Johnson and west by Benton. It is now div

he farm house of Mr. James W. Willis, one-half mile north of the present town of Marion. The board consisted of Samuel C.

ction and road districts; and appointed Andrew J. McKean and William H. Smith, Constables. Of the officers and persons above na

ania. He was an honest, industrious, unlettered, rude sort of man. Subsequently he built a small flouring mill. A great flood in the spring of 1851 carried away his mill and himself together. The unfortunate man was drowne

nty, and other descendants remain. During the summer of 1838 the settlements gradually extended in the east part of the county. The only persons now recollected, of that early period, as remaining, are John Gibson, of Mount Vernon, and Andrew J. McKean, and Hosea W. Gray, of Marion. The first family west of Big Creek was that of Jacob Leabo, from Kentucky. The first west of Indian

first marriage was that of Richard Osborn and Sarah Haines, in the spring of 1839. The first birth was that of a daughter of Mrs. Samuel McCartney, in July, 1838. The first death was that of Mrs. Haines, an invali

erwards abandoned. The next in order of time, was called Columbus, built by William Stone, in September, 1838. He abandoned his town the next spring, there being only a single log cabin. The s

rty-two votes were cast. The first member of the General Assembly elected from this county was the Hon. George Greene, member of the Legislative Council, elected in

PING IN TH

LLS'S PION

IAN

AN T

INDIAN

AN G

udge Mitchell, Orator. There was a dinner, toasts, and a ball, wher

argest proportion of the emigration was of Southern origin. The early settlers were plain, honest, hospitable people, not much accustomed to legal restraints, and rather impatient of the slow process and technicalities of the law. As usual, in all new countries, they were anno

s of wealth were slow, and were mainly invested in the homestead of the farmer. The discovery of gold in California with the resulting emigration, opened a good market for the farmers at home. Afterwards, eastern emigration, with the building of railroads, connecting the people with eastern mar

Union, without draft or conscription, and without seriously lessening its productive energies, has an assured basis of future greatness and

ubuque & Sioux City Railroad, Dubuque, Bai

al street. The same year Osgood Shepherd, a supposed leader of a band of outlaws, jumped Stone's claim and took possession of the cabin, and held it until

m the country. N. B. Brown came here in 1840, when Mr. Brown

of South Adams. The building known as the Old Postoffice Building, North Washington street, was built for a store by N. B. Brown, the same year. P. W. Earle's residence,

the material had been prepared prior to that date. Mr. Brown commenced the erection of a saw mill, and also o

1855 a city charter was obtained, and at the first charter election, Isaac N. Whittam was elected Mayor. Railroad communication w

energies to the improvement of the water power, and soon after a dam was thrown across the river, a saw mill built, and other improvements followed, till

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