History of Linn County Iowa Part 6

Margrove, Ira Simmons, John Crow, Joe Carroway, Steve Osborn, H. B.

Mason, O. R. Gregory, John Nation, Thomas Maxwell, and George Yiesly.

One of the early cases of record is that of A. Moriarty vs. N. G.

Niece. One of the early jury trials was that of H. C. Dill vs. John Barnett: one of the first criminal cases was that of Territory vs. W.

K. Farnsworth, indicted for starting a prairie fire; the jury returned a verdict of "not guilty."

The probate docket is a very small volume but is filled with entries of much historical interest concerning the old citizens of the territory.

Among a number of entries can be found the following: In the estate of 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 Mitch.e.l.l in the amount of $4.50; in the estate of John Crow, claims allowed 1842, as well as against the estate of Elias Doty, administered upon in 1843 by M. J.

Doty and Jos. Crain, administrators. The estate of A. L. Ely takes up a number of pages.

The first default case seems to be listed for the October term, 1840, that of James D. Stockton vs. Stephen Osborn, et al, the claim being a.s.signed by John O. Gray to plaintiff. The next case was that of Thomas W. Campbell and Perry Oxley vs. John Barnett, which was a transcript from J. G. Cole, a justice of the peace. R. P. Lowe acted as district attorney, while Isaac Butler was foreman of the grand jury.

The first entry made by a native of a foreign country to become a citizen of the United States was made by Peter Garron, stating 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 Ireland, and that it was his intention to renounce allegiance to Queen Victoria and become a faithful citizen of the United States.

The first divorce action was brought by Dyer Usher against Mary Usher at the October term, 1842, but it seems that the notice of publication was not served as ordered and no decree was granted.

The first decree of divorce granted was that on the pet.i.tion of Mrs.

Parthena C. Hewitt vs. Abraham Hewitt, rendered at the March term, 1844.

CIRCUIT COURT

Pursuant to an act of the legislature of Iowa, approved April 3, 1868, the county of Linn became part of the second circuit of the eighth judicial district, the circuit consisting of Cedar, Linn, and Jones counties, Hon. S. Yates, of Cedar, being elected judge.

The first term was held at Marion January, 1869, when W. G. Thompson appeared as prosecuting attorney and A. J. McKean as clerk.

The legislature in a few years changed the boundaries of this circuit, making it composed of Cedar, Linn, Johnson, Jones, Iowa, Tama, and Benton counties. It was known as the eighth district of the circuit and district courts. John McKean was judge of the circuit court and John Shane, of Vinton, judge of the district court.

By an act of the legislature the circuit court was abolished and Linn county was incorporated into a district composed of Linn, Cedar, and Jones counties with three judges.

NOTED AND EXCITING TRIALS

Linn county has had its share of noted trials, and many are the pages which may be gleaned from its musty records to show how treachery, cowardice, and selfishness have here, as in many other places, played their parts. It is not best to uncover many of these pages, as it would perhaps add nothing to the general information or be of any value except as historical relics of a former age.

One of the first murder cases in the county, at least as far as known, was that of Nathan Carnagy who was brutally a.s.saulted by James Reed in Marion in 1847. Reed had been drinking heavily and got into a quarrel with Carnagy about some old trouble. Reed was arrested, tried before a jury, and acquitted.

Another case was that of the killing of Pat O'Connell by Samuel Butler in 1865, the affair growing out of a dispute over some property interests. The parties met on a public highway, a quarrel ensued with disastrous results. The jury in this case also returned a verdict of "not guilty."

[Ill.u.s.tration: FIRST PRESBYTERIAN CHURCH, CEDAR RAPIDS, COMPLETED IN 1851]

[Ill.u.s.tration: RESIDENCE OF WILLISTON JONES, WHERE COE COLLEGE WAS BORN FROM CARROLL'S HISTORY]

John Akers was murdered in a saloon in Cedar Rapids in 1864 by one Decklots; the jury returned a verdict of "guilty." This sad affair was due to liquor, both parties being more or less under its influence at the time the quarrel began.

There are a number of murder cases of an appalling nature on record; sometimes a conviction and sometimes an acquittal resulted.

On the civil side of the calendar can be found many cases attracting attention, sometimes on account of the charges made, at other times on account of the large amounts of money involved. In this forum magnificent 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 nature and took to oratory like a duck to water, and most of them in these early pioneer days went in to win the jury at all hazards, possessing the power to stir the heart and to make their personality felt.

THE ERA OF THE OUTLAW

Along the American frontier were always found the outlaws; sometimes they outnumbered the honest settler and sometimes not, depending more or less upon conditions. Outlaws preferred to hover on the frontier where courts of justice were unknown and where the sons of toil, busy with making a living, had no time to defend themselves 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 a.s.sumed 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 frontier at an early date was infested with this cla.s.s of people, and for a number of years the rights of the people had to be protected by a.s.sociations organized for this purpose, and made up of the best cla.s.s in the community, until such a time as law and order could be enforced by decrees of court and by penitentiary sentences.

When the first white settler came into the Red Cedar valley there were only two counties fully organized west of the Mississippi, with the exception of the state of Missouri. These counties were Dubuque and Des Moines. They extended from a flag station at Fort 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 where the timber was thick, hiding places for the outlaw were offered, and when settlers did come in the outlaw did not like to remove, and, consequently tormented the actual settler and frequently took by stealth or force such personal property as he wanted.

In the early day the country bordering on the Cedar river was flooded with counterfeiters, and it is stated that this counterfeit money was so well made that it was difficult to tell which was the good money and which the bad and, in fact, at times it seems that the good money 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 counterfeit money, only the government could handle such cases and very little was done to start proceedings. Now and then the government attorney would bring a case or two, but as a rule the defendants were generally released by a jury, many of whom were friends of the parties accused.

It was not until horse stealing became prevalent that the people arose in arms against the outlaw and formed a.s.sociations called "anti-horse thief" a.s.sociations. It was a difficult thing at first to prosecute, as the gang was well organized and had a perfect system of stations, agents, signs, and signals. The members of these gangs which infested Cedar, Jones, and Linn counties in the early days dressed better than the honest farmer, were more charitable, and in the day time, at least, were looked upon as the most respectable 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 honest settler who attacked and complained was forced to leave the country instead of the outlaw who had many friends who came to his rescue. Many a man who was known to make a complaint before a grand jury, to a prosecuting attorney, or judge would be trailed by a company of outlaws, threatening letters would be written against himself and members of his family, that his buildings would be destroyed by fire if he persisted in bringing suits or attempted to file an information of any kind against any members of the band.

A few of these men who were at least accused of being members of these various gangs of counterfeiters, horse thieves and other desperadoes may be mentioned.

Perhaps the most noted ones were the members of the Brodie gang, composed of John Brodie, and his four sons--John, Jr., Stephen, William, and Hugh--who came into Linn county in 1839 and were among the first settlers in this county. They were natives of Ohio. Some had lived in Michigan for a time, and before coming here had commenced 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 them, and they fled westward in about 1835 and found their way into what was known as the Rock river country, or Brodie's Grove, Dement township, Ogle county, Illinois. In this part of Illinois at this time the country was completely under the control of outlaws and desperadoes, and here the Brodies found congenial companionship.

Early in 1839 the Brodies gang were driven out by an organized society called the "regulators," composed of law abiding people who insisted upon law enforcement. They then drifted westward and located in Linn county. From this time on for a number of years there was scarcely a term of court but that one or more members of this family was arraigned for trial on some criminal charge or other.

Sam Leterel, Christian Gove, James Case, also known as Jim Stoutenberg, McConlogue, Squires, McBroom, and others were members of this gang.

McConlogue resided for a time at Cedar Bluffs, 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 a.s.sociated with the gang and lived on the borders of Linn and adjoining counties and went by various names. Where they came from no one knew and they dropped out of sight if there was any danger of arrest and conviction.

In 1839 John Goudy and his son-in-law, Thomas McElheny, and a son settled in Linn county, and it was noised abroad that the family was very wealthy. To ascertain whether or not they had money, some time in April, 1840, a man by the name of Switzer was sent to visit the Goudys under the pretense of wanting to borrow money, the real object being to ascertain whether or not the parties kept money and whether or not he could obtain a pretended loan. The loan was declined for some reason or other, but it is supposed that Switzer learned enough in his talk with the Goudy family to know that they had money and there would be a chance to make a 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 dollar he had, or that was about the house.

The leader of the gang then ordered the house to be searched and directed the occupants of the beds to cover their heads at once. In the shuffle for places Mrs. McElheny, a daughter of Goudy, recognized Switzer, who had been there to borrow the money a few days before, and also another member of the gang who was well known by the family. In the search for money a purse containing $120.00 belonging to a daughter, Hannah, was found by the burglars. In an old leather belt used by Mr. Goudy there was also a $100.00 bill which the robbers overlooked or could not find in their hurry to search the house.

They became very angry at not finding any more money, having expected to find $9,000.00 which Mr. Goudy was reported to have had in the house at the time. The robbers on leaving the house cursed every member of the family, and seemed much put out at the haul they had made. Captain Thomas H. Goudy, a married son, lived near his father's cabin. He had been a captain of militia in Ohio and his uniform was hanging upon the wall. The robbers seeing this remarked "a military officer must be a rich man," and his money was demanded, but they 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. Goudy and her children occupied one bed, the strangers another bed, while Goudy and the mail carrier slept on the floor by the fire. The entrance of the robbers was so sudden that before the occupants knew what was going on they were covered with guns and clubs, and their money was demanded. Goudy rallied to defend his home, and so did the mail carrier who slept near the door. Both men were knocked down and the cheek bone on one side of the mail carrier's face was smashed completely by a blow from a club wielded by one of the robbers.

The house was thoroughly searched and the drawer of a box which was supposed to be opened by a secret spring known to no one but members of the family was forced and a $50.00 bill and some $30.00 or $40.00 in change were found and taken. While all the older members were frightened 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 quickly as though he was one of the family. The robbers secured as their share of the booty this night about $240.00. A young daughter of Mr. Goudy, who remembered well that night, was later married to Judge John Shane, of Vinton, a well known jurist and a most excellent judge.

This wholesale robbery stirred the whole country, and Captain Thomas Goudy especially, being a military man, insisted that now it was high time for the people to arouse themselves and if the officers of the law refused to do anything then the settlers would take the law into their own hands and start something going. Thomas and his father went to J.

W. Tallman at Antwerp and Colonel 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 a.s.sociation," 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 apprehended in Illinois City in Illinois, ten miles above Muscatine, by a citizen named Coleman and turned over to Thomas Goudy and his party.

Coleman's reputation in the vicinity was not the best and he had been suspected of harboring outlaws, but it was stated on account of some difficulty in the division of spoils he and Wallace had had a falling out and hence Wallace's easy capture.

A warrant was taken out for the arrest of Switzer, and when Wallace was returned Switzer was also arrested and a preliminary examination was held before John G. Cole, one of the first justices of the peace in Linn county. Both of the parties were held to bail. Their cases came on for trial at Tipton at the October term, 1841, of the district court.

James W. Tallman, a resident of Antwerp, accompanied by several neighbors, started out to arrest Switzer, a large man and an ugly one.

Switzer resided 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 daylight before he was taken in custody. Switzer's cabin was a perfect a.r.s.enal, there being guns, pistols, and ugly knives scattered all around.

Later James Stoutenberg, also known as Jim Case, was arrested at McConlogue's as an accomplice and member of the gang. He was taken into the woods near McConlogue's 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 alive again. Some a.s.sert that he left the country, and others that members of the party carried him to the Cedar river, tied him to a stone raft and left him to his fate.

McConlogue was also arrested as being a member of the gang in the robbery, but he established an alibi. Being satisfied that he was guilty of helping to plan the robbery, the pioneer settlers, duly aroused, tried him by rules not known in the ordinary law court. He was sentenced to be hanged, but finally it was agreed that this sentence should be changed to whipping, and that each one of the citizens should give him five lashes on the bare back, and if that failed to bring a confession as to the particulars 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 another member of the gang of five men who perpetrated the robbery. The members of the a.s.sociation after this confession let him go, but first applied a solution of salt on his lacerated flesh, followed by an application of slippery elm bark to remind him of the ordeal he had recently pa.s.sed through, and which he never forgot. At this time McConlogue was under indictment in Johnson county for a.s.saulting a man named Brown with intent to rob him; on this charge he was tried and sent to the penitentiary.

Goodrich, a neighbor of the Gilberts, who had taken part in the robbery and who had been recognized by the latter's son, was also horse whipped and gagged at the same time but he refused to answer any questions and denied having taken part in the robbery. Soon after this he removed from the county and was never heard of afterwards.

McConlogue's admission implicated McBroom, who had been known for some time previously as one of the brightest men of the gang, and who was also supposed to be a lawyer. He was also caught 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 by any member of the gang everyone, including himself, would be swung up to the first oak tree. It is needless to say that he immediately left the country and was never heard of again.

[Ill.u.s.tration: DANIEL SEWARD HAHN One of the First Settlers in Linn County]

William Stretch, an old settler, many years afterwards made a trip down the Mississippi and there in one of the river cities, either New Orleans or Memphis, he met and recognized McBroom who had been so severely flogged 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.