CHAPTER XIV
We will
now leave the general run of settlement for
a few chapters and speak of the County's finances
in its method of doing business in the early
days. Lawyer's fees seemed to be the most
prominent method of "raising the wind."
Winspear was a lawyer, Blackmer
was a lawyer, and, indeed, it was the old
saying repeated that "Caesar had a party,
and Brutus a party, but Rome had none."
Other lawyers, also outside the County, had
a hand in it, but still there were several
lawyers in the County at the time who were
battling the gang in their thieving operations.
The early part of Osceola
County, indeed northwestern Iowa, for the
Sioux City lawyers, was, as Deacon Howell
remarked of Lyon County, "a field for
legitimate speculation." Sioux City itself
then was not prolific with litigation, clients
were not numerous, and the Argus eyes of some
of its distinguished disciples of Blackstone
magnified the gigantic wrongs of this grasshoppered
district, and their tender sympathies were
manifested by professional services and condolence
to the tune of retainer fees, which in the
days of old Rome would have made the eloquent
Cicero himself blush with hesitation in receiving
them. The many grievances that seemed to afflict
these northwestern Counties then were simply
astonishing, but the remedies suggested by
the legal fraternity to be applied by use
of County warrants were appalling and apparently
numberless. Sioux City then was the guardian
of these afflicted Counties, and when a steal
was to be perpetrated, or when suspicion of
its coming perpetration caused a ripple of
comment and excitement among the people, then
both boodler and reformer would hie themselves
to Sioux City, and within the offices of their
respective counsel the shadow of defeat for
the one, or the sunshine of success for the
other, would be thoroughly discussed, which
would result either in an exhibition of unbounded
"cheek" or a triumph for the watchers
and waiters for an honest administration.
But the time finally arrived when the scathing
voice of the people brought these wild speculations
and exorbitant retainer fees to a close, and
County affairs were held down to the bed-rock
of reason and economy, and there was established
rules of good government and efficient administration,
which no one since has been disposed to violate
nor depart from.
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The boodler
gang which had fastened itself upon Osceola
County in 1872, had by the boldness and mercenary
motives of their operations, excited a strong
and desperate feeling of opposition among
the settlers. That year it was a theme for
discussion, the topic of conversation, and
taxed the ingenuity and better judgment of
the honest element of the county as to what
to do. Each side had their friends, and no
other question entered into the election in
the fall of 1872, except to elect into office
representatives from one side or the other.
On the 26th day of August, 1872, by a previous
call, there was assembled in Sibley, near
the Sibley hotel, a large concourse of settlers
from all over the county, numbering about
five hundred. These men were eager and determined
in the feeling and spirit of reform, and were
indignant. The meeting had been called by
H. G. Doolittle, D. L. Riley and John
Hawsxhurst, and a circular requesting
the settlers to meet had been sent over the
county. The meeting was organized by electing
D. L. Riley chairman.
It will be seen
by the records of the board that there was
to be swamp land selections, and that Frank
Stiles was appointed to select them settlers
in the county were afraid that this unscrupulous
gang might report some of their claims as
on the swamp land order, and thus complicate
their titles and throw their claims into contest
and litigation, which would be troublesome
and expensive. This question was discussed
at the meeting also, and several made speeches.
However much the settlers then may have been
poor in this world's goods, there was not
at this meeting any poverty of language. Winspear
himself appeared and made a statement that
in swamp land selections it was the railroad
company lands they were after, and not the
land occupied by settlers. He also read a
letter from the Sioux City attorneys stating
this fact, and among other things the letter
instructed the Board to issue the six thousand
dollars attorney fee in warrants of one thousand
each. Speeches were made by D. L. Riley,
Hawxshurst, Doolittle and others, and
the meeting finaly [finally] culminated in
appointing a committee of twenty-seven men,
and these men were instructed to take the
necessary steps to bring about the resignation
of objectionable members of the Board of Supervisors,
and to carry the feeling of reform into practical
results in all departments of the county administration.
This committee consisted of D. D. McCallum,
George Hamilton, M. J. Campbell, C. W. Wyllys,
M. D. Hadsell, John Douglass, E. Huff, Geo.
Ketcham, John P. Hawxshurst, C. M.
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Brooks, F. M. Robinson, J.
F. Glover, A. M. Culver, W. H. Gates, H. L.
Baker, Robt. Stamm, H. G. Doolittle, C. C.
Jewel, ____ Stickney, B. F. Tabler, C. C.
Ogan, Rev. Jones.
This committee demanded
of the Board of Supervisors that they resign.
The committee also organized, electing George
Ketcham Captain, John Douglass
First Lieutenant and M. D. Hadsell,
Second Lieutenant. Nothing was done by them
except upon a general conference, discussion
and deliberation, and a final decision by
vote of the committee as to the moves to be
made. It was first decided to proceed to the
house of H. R. Fenton, and demand his
resignation at once, and if he refused to
resign to carry out the vigilance committee
act, and suspend the victim, as is usual in
such cases, in mid-air. About the first day
of September in this year of 1872, the committee
met at the house of C. C. Wyllys and
at about 10 o'clock in the evening started
from there and went to Fenton's house.
The committee took a rope along with them
sufficient in strength for the hanging, and
if the demands of the committee were not complied
with, were anxious to use it. The committee
halted in the slough west of Fenton's
house and sent the Captain and the two lieutenants
to make demand of the Supervisor. Inquiry
was made at the house and the three committee
delegates were informed that Fenton
was away from home, and it was learned afterwards
that there was a traitor in the reform camp,
and that Fenton had been notified and
was in hiding. Fenton was then living
on Section 20, in Wilson Township.
The committee
then proceeded to Winspear's house,
which is where _____ now lives, and the larger
part of them remained in the railroad cut,
near the house,while a delegation went to
the house to demand the resignation. Winspear
and friends, this committee's representatives
were informed, said there would be no resignation,
and that the inside of the house was an arsenal,
and any attempt at violence would be resisted
and that somebody would be killed. The committee,
upon learning this state of affairs, retired
peacefully to their homes, and probably wondering
when would this "cruel war be over."
The next day it
was rumored that Stiles had a warrant
of arrest for Douglass, so that this
irrepressible Scotchman cleaned up his six-shooter,
went to Sibley, and tackled Stiles
about the warrant, which Stiles denied.
At this time Stiles had appointed twenty-six
deputies, for his own and friends'
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protection, and these were in
Ward's saloon when Douglass
went in. Their guns were standing around against
the side of the building, when Douglass
got some fellow to go around behind Pat
Larkins' building and make a cry of fire,
which he did, when the twenty-six deputies
rushed out of the building at this unusual
sound, and Douglass, left alone, dumped
the shooting-irons through a trap door where
there was about four feet of water.
In the fall of
1872 Blackmer and some others went
to Sioux City with $40,000 of Holman School
District warrants for the purpose of negotiating,
and D. D. McCallum happened to be in
the city at the time and learning that these
parties were there with the warrants and of
their intentions, and knowing the fraudulent
character of the paper, notified the banks
so that Blackmer and his party were
unable to negotiate them. Blackmer
returned to Sibley with them, and was unable
to give them up, all but a $1,000 warrant
which was kept upon the statement that he
had none left. A. M. Culver was then
on e of the most active participants in the
opposition forces against the Winspear
crowd. During the winter of 1871-1872 Culver
took Winspear to Sioux City in a sleigh,
in February, and Winspear had with
him the $350 warrant issue for a map of the
County which the County had not yet seen.
Culver knew nothing of the warrant,
and Winspear in the genial feeling
of companionship, suggested to Culver
that as he was Treasurer of the County, there
was a chance to make some money, and upon
inquiry from Culver how it was to be
done, said, to buy the warrants at a discount
and turn them in for cash. Culver replied
to him that as a county officer the law forbid
it, and aside from that he did not want to
make money that way. Winspear negotiated
the map warrant at Sioux City on this trip,
and on his return Winspear was accused
of selling the warrant which he did not deny,
but undertook to lay some of the blame on
Culver and told their conversation,
distorting and misrepresenting what Culver
had said. There was a crown of settlers on
that day in Sibley and this trip to Sioux
City being the topic of conversation, Culver
mounted a dry goods box and with that spirit
of energy characteristic of the man, and in
a feeling of indignation, he told the conversation
that had taken place between himself and Winspear
and branded Winspear as a liar and
a knave. This was expected by some to bring
about an open warfare and a resort to weapons
for the ripple of excitement was great and
almost irrepressible, but the occasion passed
off without disturbance, save
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and except a war of words. County
officers then, as now, were required to give
bonds, but as all were homesteaders a bond
could not be given in the county that would
fill the requirements of the law but bonds
were accepted with such signers as the officials
could obtain. Soon after the Winspear
had charge of the affairs it was found that
Culver would not do their bidding,
so that under the pretense of apprehension
Culver was notified that he must give
a gilt-edged bond or the books would be taken
away from him and he was given a certain length
of time to procure the bond. Culver
immediately, unbeknown to anybody, went to
LeMars and obtained good names and then to
Sioux City and obtained the name of T.
J. Stone for $5,000. When the board met
it was supposed that Culver had been
unable to better the bond and Sheriff Stiles
was ready to turn Culver out, but the
Treasurer showed up what he had and the Board
relapsed into silence and acquiescence. The
$6,000 allowed to H. B. Wilson and
Joy & Wright as a retainer on the
swamp land business was paid, but no swamp
land was ever reclaimed or recovered. In justice,
however, to all parties concerned, we present
the following communication from the attorneys
which appeared January 9, 1874:
EDITOR'S GAZETTE:
We are compelled,
by the position in which we find ourselves
placed, to make the following statement to
the citizens and taxpayers of Osceola County:
It is well known
to the majority of our citizens that we have
been employed to commence and prosecute the
necessary suit or suits to recover for Osceola
County her swamp lands, and that a retainer
was paid us for that purpose.
By the terms of
the agreement entered into between the county
and ourselves, the county was to employ a
competent surveyor—accompanied with good
and truthful men, as witnesses—to make
a selection of swamp lands, and ascertain
the owner or owners thereof. And under this
agreement, but against our advice and in opposition
to our protest, the Board appointed Mr. Frank
Stiles to make said selection. We urged
upon the Board that Mr. Stiles was
not the person to make the selection, not
from any animosity to him, but because he
was neither a theoretical or practical engineer
or surveyor; because he was at that time (whether
justly or unjustly) unpopular with a large
number of your citizens, and any selections
he might make would meet with more or less
opposition, by reason of a want of confidence
in him.
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Under said
appointment, Mr. Stiles went on and made a
pretended selection of swamp lands, and did
the work in such a manner that it was universally
admitted, by citizens of the county, that
no action could successfully be maintained
upon it. We so advised the Board of Supervisors—the
selection was repudiated, and the Board of
Supervisors agreed to have another and proper
selection made. Soon after this a new Board
of Supervisors came into office, and we have
been constant and unremitting in our efforts
to induce them to have the swamp lands of
the county selected, so that we can commence
the necessary suit or suits, but without avail.
Now we want the
citizens of Osceola County to know and understand
that we entered into an engagement with the
county in good faith. It is impossible for
us to make the selection; this the county
must do, and the interests of the county imperatively
demand that it should be attended to at once.
For reasons, that it would be improper here
to state, the county may lose her swamp lands
if she does not move in this matter promptly.
It is certain that further delay will greatly
complicate the matter. If the county expects
to acquire swamp lands, there must be a speedy
assertion of her rights, and this can only
be done by making the proper selections. We
will not be answerable for the result of such
delay.
We are about to
commence the necessary suit to recover the
swamp lands of Lyon County in the next term
of the District Court, and it would be convenient
to commence in your county about the same
time.
We submit to the
people of Osceola County that it is not treating
us in good faith to place us in our present
positionin reference to this matter, and we
wish it to be understood that if the swamp
land claims of Osceola County are not prosecuted
it will not be our fault.
H. B. WILSON
JOY & WRIGHT
This sort of belligerent spirit, or
fighting campaign between the contending forces,
soon died away, and other and more peaceful
methods were concluded upon. It was thought
best to resort to legal proceedings and at
the coming election, in the fall of 1872,
to rally and elect a reform member of the
board.
