The Black Hawk war, though confined to the state of Illinois, made an epoch in the history of Iowa. It was the last of the many Indian wars, and was concluded by a cession of much of the valuable lands of Iowa to the government. Reports of the 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 various capacities in Illinois, Wisconsin, and Iowa. The government also, through its representatives in congress, planned great things for the west in opening canals and roads, while rivers were made navigable and steamship traffic opened up.

One must not be led to believe that Iowa was the only part of the west which grew so rapidly. The growth was general, it is true, but Iowa seems to have grown more rapidly than any other of the territories between 1836 and 1846.

Illinois was admitted as a state in 1818; Missouri three years later; next came Iowa in 1846, while Wisconsin, which had been explored in 1639, was not admitted to statehood till 1848; and Minnesota, settled as early as 1680, and having a fort built in 1820, was 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, in the first instance, and on the east was bounded by a great waterway and by a state teeming with an aggressive population, many of whose people soon crossed the borderland even before the government had made proper surveys and thrown the land open to settlement.

Henry Dodge was appointed governor of the new Territory of Wisconsin in 1836, Iowa at that time being a part of Wisconsin. With the exception of a few settlements of white people along Lake Michigan and in the mining region around Dubuque there were few, if any, white settlers. Governor Dodge's work was largely with the Indians, 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 November, 1838. The settlers who had arrived on these lands for some time prior to its survey arranged among themselves to select an arbitration association, each township making a register of all claims, and choosing one representative to attend the land sales, giving him authority to bid off the lands selected by each claimant.

A. C. Dodge was appointed the first registrar of the land office at Burlington, and George W. Jones the first surveyor-general of Iowa. One of 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 himself a lawyer of more than ordinary ability, a judge, and at one time a member of congress. He was appointed by General Harrison, an old friend.

At the first convention which met at Burlington in November, 1837, for the purpose of organizing a separate territory of Iowa, were the following delegates from Dubuque county, which, at that time, included a part of what later became Linn county: P. H. Engle, J. I. Fales, G. W. Harris, W. A. Warren, 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 still people could not obtain title to their lands, and asking that the part west of the river be set aside as a separate territory. This was one of the most important conventions held on what became Iowa soil, and congress at once took action to make such provisions as were thought wise and expedient.

Linn county was established by an act of the legislature of the Territory of Wisconsin approved on December 21, 1837. The county was regular in shape, but four townships larger than its neighbors on the north and 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 name from Dr. Louis F. Linn, United States senator from Missouri, who was appointed to that office in 1833 and who was a friend and admirer of President Jackson, and much interested in the development of the west.

The eastern part of Linn county, perhaps one-third, had been part of the original county of Dubuque since 1834, the boundary line running from the southeast corner of the county in a northwesterly line a little to the west of the middle in the northern part of the county. Linn county then embraces within its limits two Indian land cessions. The eastern part was acquired from the Sac and Fox Indians by the treaty 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 most of these counties were established outright the wording of the act relating to Dubuque county implies that it was looked upon as the former county reduced in size, which was not correct, as this land from which these counties were laid out also included much of the Sac and Fox cession made after Dubuque county had been formed and laid out, and which county had not been ceded to the United States government.

These boundary lines were reduced in size later; however the boundaries of Dubuque, Delaware, Jackson, Jones, Linn, Clinton, Cedar, and Scott have remained as they were laid out at the time. The Territory of Iowa was created by an act of congress approved June 12, 1838.

Among the bills passed by the first legislature, which met during the winter of 1838 and 1839, was the following: "An Act to Organize the County of Linn, and establish the Seat of Justice thereof.

Two of the Commissioners named in the act, Richard Knott and Benjamin Nye, accepted the trust, meeting at the house of William Abbe, two and one-half miles west of what is now Mount Vernon.

The Commissioners located the county seat in the middle of the county and named it "Marion," in honor of one of the Revolutionary generals. The Commissioners reported to the governor of the territory the completion of their work, and Governor Robert Lucas proclaimed the county of Linn duly established.

For election purposes Linn county was attached to Cedar, Johnson, and Jones, the first polling precinct being located at Westport, which had been laid out by Israel Mitchell with the expectation that this would be the county seat, Mr. Mitchell believing that the county seat should be located on the river, and that that location would be near enough the center for all practical purposes.

In October, 1838, the entire county composed one precinct, and thirty-two ballots were cast for candidates for the legislature. Charles Whittlesey was chosen for the senate and Robert G. Roberts for the house. The 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 county supervisors. This commission first sat as a body officially September 9, 1839, in the log house of James W. Willis. Hosea W. Gray was sheriff and acted as clerk of the court until a clerk was duly appointed.

The minutes state:

At this session W. H. Smith and Andrew J. McKean were appointed constables for the county. Jonas Martin was appointed road supervisor, his district embracing all the land east of Marion and 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 Gray contract with the Sheriff of Muscatine County for the keeping of one Samuel Clews, and that the Sheriff borrow funds to pay for the support and keeping of said Clews while in confinement."

It seems that the board met monthly and the county was divided into three voting precincts as follows: One at William Abbe's, known as Sugar Grove Precinct, with the following judges: William Abbe, John Cole, and John McAfferty; one at Marion, with James W. Bassett, Henry Thompson, and Rufus H. Lucore, judges; one at Michael Greene's, with Michael Greene, James Cummings, and Bartimeas McGonigle, judges.

At this time Ross McCloud was appointed county surveyor and was ordered to make the survey of the county seat and report, which he did, and also to lay out 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 Abbe and Asher Edgerton for the sum of $635.00; the first money raised by sale of lots in Marion was applied on the contract for the erection of the jail.

THE FIRST SURVEY

The first survey was made in 1838, being all of Jones county and townships 84, 85, and 86 north, in range 5, west, in Linn county. This was made public in the newspapers and many settlers came in, taking the best lands that had been surveyed and squatting on the other land which they knew would soon be open for settlement. Linn Grove was an ideal place, and here in an early day a large number settled. The sale of lands 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. Mr. Greene volunteered to go to Washington and lay the matter before congress, or the men in charge of the land department. After some time he succeeded in his mission and won the grateful respect of his fellow pioneers, saving them a great deal of money. Thus, for a time, Marion was a United States land office, and the people of Linn county who had little money to spend could claim their lands without much trouble.

THE FIRST COURT HOUSE IN THE COUNTY

The first court house built in the county was a log structure for the use of the pioneers. This structure was erected during the years 1840 and 1841. As there was no money in the county treasury and as the court house was needed, the settlers donated their labor. They cut the logs, hauled them to Marion, and constructed the building, the roof being of shakes and the floor of puncheons. Among those who helped erect this first seat of justice were James and John Hunter, the Stambaugh brothers, James and Elias Doty, and others. The first case, it is said, tried in this court house was one 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 to eat, and the water they had to drink was very poor. Upon this jury sat James Hunter, one of the first settlers of the county, who was the only stubborn one to hold out in favor of Doty. He used to tell later that he felt that he could never look James Doty in the face if he should consent to such a verdict as the other eleven had framed up against him. The case was tried at a subsequent term when the jury decided in favor of Doty, to the effect that while he was later than the claimant in making his claim he was a bona fide settler with the intention of becoming a permanent settler.

The next court house built in Marion was a frame structure still standing just west of the present brick building, and now used as a hotel. The present 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 Cedar Rapids. Much of the carpenter work was done by that old pioneer, recently deceased, William Patterson, father of W. D. Patterson, of Cedar Rapids.

The first jail was erected in January, 1840, the contract for the building being awarded to William Abbe and Asher Edgerton for $635.00. The building was finished by May 1st of the same year. The first moneys raised by sale of lands were applied on this contract.

At the July session, 1849, the county was divided into three districts as follows: the townships of Washington and Fayette composed District No. 1; Franklin and Brown composed 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 vote of the county was ordered at the next election to determine the voice of the people; the election took place in August of that year and resulted in favor of the proposition.

Lists of townships are as follows: Marion, Franklin, Washington, Fayette, Putnam, and Brown established in 1841; Linn and Rapids, 1843; Otter Creek, 1844; Buffalo and Maine, 1848; Monroe, 1849; Spring Grove, 1853; Clinton, 1854; Jackson, 1855; College, Bertram, Boulder, and Fairfax, 1858; Grant, 1872; and Cedar, 1906.

THE JUDICIARY

The first records of the district court held in Linn county are dated Monday, October 26, 1840, Iowa Territory, Linn county. Pursuant to an act of the legislature of the territory, approved July, 1840, the district court of the United States 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 United States for the district of Iowa; R. P. Lowe, prosecuting attorney for the second judicial district; H. W. Gray, sheriff of the county of Linn; S. H. Tryon, clerk of the district court; Lawrence Maloney for the marshal of the territory.

The following grand jurors were among the best known settlers: Aaron Usher, Samuel Ross, James Leverich, D. W. King, Israel Mitchell, W. H. Chambers, William Donahoo, Dan Curtis, W. T. Gilberts, G. A. Patterson, Isaac Butler, John Goudy, J. A. Gibson, Joe Barnett, Asher Edgerton, William Chambers, O. L. Bolling, Dan J. Doty, and Joseph Warford. As bailiff of the grand jury served Perry Oxley, one of the best known settlers.

The petit jurors were: D. A. Woodbridge, Isaac Carroll, G. W. Gray, B. McGonegal, John McCloud, Thomas Goudy, J. W. Willis, John Long, J. W. 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 Mitchell 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 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 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 petition 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 assaulted 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."

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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 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 frontier at an early date was infested with this class of people, and for a number of years the rights of the people had to be protected by associations organized for this purpose, and made up of the best class 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 associations called "anti-horse thief" associations. 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 associated 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 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 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 arsenal, 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 assert 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 association 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 passed through, and which he never forgot. At this time McConlogue was under indictment in Johnson county for assaulting 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.

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. Stretch agreed to this, but investigated to ascertain whether or not McBroom had told the facts, and found that he was a respectable citizen, one of the leaders in that city, and had accumulated a fortune—between forty and fifty thousand dollars.

Another member of the gang, a cousin of the Brodie boys, and in many ways a bad fellow, was overtaken in Washington township, this county, while driving and there shot by a band of what was known 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 belonged to some of the first families of the county. When Wilson was caught he was passing through the county with a team of stolen horses which had been brought from the eastern part of the state.

The trial of Switzer, who had been indicted for burglary in 1840, was transferred on a change of venue from Linn to Cedar county. It came up at the October term of the district 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: C. Kline, William Morgan, Elias Epperson, Abe Kiser, Porter McKinstry, P. Wilkinson, J. S. Lewis, John Lewis, William Denny, W. H. Bolton, Peter Diltz, and Samuel Gilliland.

Considerable excitement prevailed at this trial. Switzer was represented by able counsel who put up a great defense. Mrs. McElheny and other members of the family unmistakably identified Switzer as the person who had been there before to borrow the money and who was one of the leaders on the 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 wanted help and that as soon as Knott found out the jury had found him guilty he asked him to give him some sign by taking a handkerchief out of his pocket. What he would have attempted then is not known. Knott refused, the jury disagreed, eleven standing for conviction and one for acquittal.

During the trial a large grey horse was hitched in front of the building used as a court house, for what purpose no one ever understood, nor did any one know who was the owner of the horse. Switzer had a number of friends who hung around the jury and around the court house during the trial. As the jury came 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 to believe that this member of the jury had given Switzer the sign. When the jury reported they were unable to agree, Switzer's friends started out to find and convey to him the result, but could not find him until the day following, when they found him concealed among some of the timber along Sugar creek.

Another warrant was issued for his arrest, but there was some delay in serving this notice and in the meantime he made his escape. In 1852 William Knott was in California and there met Switzer at Carson river in Nevada territory and had a conversation with him. Switzer admitted that he had been in a very tight 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 Vallejo ascertained that Switzer lived in that vicinity, and although a very dissolute and reckless man and feared by all, he had accumulated a handsome fortune. He also discovered that the sons were following in the footsteps of their father, and that one of them was under indictment for having killed a man.

At the time of the Switzer arrest and trial for the Gilbert robbery a civil suit had also been brought against him for the recovery of the money and a judgment was obtained. Judge Shane consulted an attorney and tried to get a transcript of his judgment in order to collect the same, but for some reason the records could not be found and the judgment could not be transcripted. Switzer died in California in 1877.

One of Switzer's best friends and a hanger-on at the court, a desperado, surrounded by a number of fellows of the same type, was Christopher Burns. He carried revolvers and bowie knives and wore a gentleman'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 was Burns's intention, no doubt, to rescue his friend and a bloody battle would have taken place. Burns left the country immediately and was shot by a neighbor in a quarrel on the upper Missouri river in 1845.

The whipping of McBroom, Case, and others, and the arrest of Switzer and his flight put a stop to these outrages, so from 1841 to 1855, while many suspicious persons still lived in the community, they were more guarded in their movements than before, and these desperate acts did not take place, although for many years after this a good horse was not always safe property to keep in the country.

EARLY SETTLEMENT

From History of Linn County, 1878

It seems that the first store was located at Westport where there was a barter trade carried on with Indians. W. H. Merritt ran a store at Ivanhoe in 1838, which was located on the government road. John Henry seems to have operated the store 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 early as 1837 because he sold out his interest to John Henry and removed further up to what became Cedar Rapids, and had been living there for some time when Robert Ellis found him on the west side of the river upon his arrival in May, 1838.

None of the land at that time had been surveyed, so all the rights the people had were known as "squatter" rights, which they sold as any other land, and which would give them the 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 then settlements were made along the Cedar river, which would be natural for the reason that people had to use the river more or less in keeping in communication with other places.

It would be impossible to give the names of all the early settlers for the reason that some only remained a short time and moved away again and the names of these have been lost. A few only can be mentioned to give the reader an idea of where and how certain towns were staked out and buildings commenced. The Linn county lands first 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] Stone; Ivanhoe, October, 1838, by Anson Cowles; while the town site of Cedar Rapids was laid out by N. B. Brown and others August 4, 1841. The first plat, however, recorded was by the father of Elias Doty. This was recorded after the land had come into market, when Westport was re-named Newark, and was filed November 12, 1844.

The tide of civilization gradually flowed westward from the Mississippi river. The regular chain of progress is clearly shown, and forms a portion of the history of Linn county. Young men pushed bravely ahead, claiming rights to unsurveyed lands, expecting in a short time a rise in values and big money in their holdings. Many of these men were single and never intended to make this, or any other community, their permanent home. All they wanted was to pick out the best claims, erect shacks, hold them down until men with families came, who had a little 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 farther westward and undoubtedly lived nearly all their lives on what might be known as the border land of civilization. They preferred this kind of life, and whenever a community was settled up it lost all interest for the original pioneer; he wanted and preferred to live among frontier ruffians; would fight if he had to, and would always defend himself against any intruder. These men enjoyed this kind of a life and thrived upon it, and all they cared for was a little money, good times, and the freedom they so much craved and which the frontier afforded.

"While it is true that those who located in this county in the years 1837 and 1838 came from the east, it is also certain that this section would not have been reached so early in this century had the lands immediately west of the Mississippi been unselected. It was, and still is, the desire of genuine pioneers to find a spot beyond the confines of civilization, no matter how crude the outlying stations may be."

The first settlement of whites in Iowa had been at Dubuque, where Dubuque and his followers worked the mines at that place. This at one time was a great center of attraction, but as the government restricted settlers from coming in, they were driven back until treaty arrangements were made with the Indians, who were the owners of the land upon which the mines were located. These men who first came as miners 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 was thrown open to settlement adventurous men and brave women soon began to cross the Mississippi and to settle in various parts of what was then so well known as the Black Hawk land. There were no roads in those days, not even trails, and consequently a person did not dare to venture out on the prairie, but he generally followed some stream so that he could find his way back to the starting place, at least.

Most of the people who came west to settle had no idea of where to locate or of the condition of the Iowa lands. They were bold, fearless, and determined, as well as resolute, and they pushed on until they found a locality which suited their fancy and here they pitched their tents and lived in their wagons until suitable log cabins were erected.

Prior to 1829 there was not even a ferry established at any regular point on which to cross the river into Iowa; even the miner, Dubuque, when he wanted to re-cross to the Illinois side had to borrow an Indian canoe. The familiar Du Bois, who came early into Illinois in Joe Davies county, trading with the Indians, 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 west side of the river. Col. George Davenport also obtained a permit to run a ferry from Davenport across the river, the ferry charges being fixed by the commissioners so that there could be no hold-up. The following charges were made, which must have been pretty high for the people of small means in those days:

To avoid paying this ferry charge a great many of the settlers started early in the spring and would cross the river on the ice and thus save this additional expense. William Abbe and his family, and many others who settled in Linn county, at least those who were familiar with the ferry charges, crossed on the ice.

George Davenport established a trading post as early as 1831 at the mouth of Rock creek, and another on the east side of Cedar river just above Rochester a short time later. Thus, gradually, 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 and would be helped and advised where to go and where to find the best roads, and also as to whether or not the Indians in the immediate vicinity of the stores were hostile or friendly.

Block houses had also been erected near these frontier stores for protection in case of Indian outbreaks.

Another trading point was that of Rockingham which was laid out as early as 1835, and in the early forties considered one of the best villages in the territory. It was to this place the early settlers came up to 1841-42 to trade, as well as to Muscatine and Davenport.

The settlers who came late during the summer of 1838-39 were unfortunate in case they were unable to get enough hay for their stock, for the winters were very cold and there were no provisions or food to be purchased, and many a family along the Cedar river in Linn and Cedar counties during these years endured some severe trials. Money was scarce, provisions of all kinds high, and no trading posts nearer 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 all the money he had in the world. They were absent about two weeks, and brought back as much provisions as they could buy with what money they had, and by hunting during the winter they got along and helped William Abbe. In the forties William Abbe secured government contracts, and then became a well-to-do man. Robert Ellis was a partner with Abbe many times in supplying the outposts with provisions.

Many families during the latter thirties and the early forties experienced some hard times in Iowa. To make the situation and surroundings still more difficult the creeks and sloughs between the 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 except by unloading or by going to the nearest store for help, which would be many miles away. Sometimes the assistance of two or three additional yoke of oxen was secured to pull out the wagon.

The winters of 1837-38-39 and 40 began early, snow falling to the extent of a foot or two as early as the latter part of October, and it increased as the winter advanced. There was no thaw in January, and the settlers were completely shut in until about the middle of April. Then the snow all melted away and the streams 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 for Muscatine, Dubuque, or Rockingham for provisions, and on their return would help the needy settlers who had no opportunity to get away. Sometimes these journeys were undertaken on foot, when two or three would start off with knapsacks to get the necessary foods and medicines, and would return as soon as possible.

It is wonderful what the old settlers endured—how they walked a distance of 100 miles in less than two days. Robert Ellis walked from Michigan to Iowa; he walked to 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. Then, again, when roads were impassable for wheeled vehicles they would ride horseback, leading sometimes one horse to be used as a pack horse to bring back provisions.

To show with how much difficulty the early settlers toiled to get a foothold in Linn county, it might be well to state the story of the life of Edward M. Crow, who, as a young man, in 1837 came into the county to a place near where is now located Viola. He was only 21 years of age, and came west from Chicago, having previously come from Indiana. He stopped first in Illinois and having heard of Iowa, came here in search of cheap land. He was accompanied by 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. Returning to Fox river, Illinois, again in quest of provisions, they did not come back to Linn county until in August of that year, when Ed and Garrison Crow and James Dawson began their settlement, erected a cabin and cut some hay for the winter. They were without food, and had to make another trip to the borders of civilization for provisions for the winter. The monotonous months of winter rolled by, Crow's party subsisting by hunting as best they could.

A number of settlers came into Brown township during the early years, such as Jacob Mann, David Mann, his brother, William P. Earle, Asa Farnsworth, and many others. John Crow, father of Ed Crow, John Lynn, O. Bennett, Charles Pickney, Benj. Simmons, Solomon Peckham, and Alexander Rhotan were emigrants who settled here in 1838. All those who came that year and have been definitely corroborated, or who were there 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. J. Gibson, Robert Deem, Michael Donahoo, William Chamberlain, Mr. Williams, Mr. Evans, J. B. Sargent, John Sargent, A. J. McKean, John Scott, H. W. Gray, S. H. Tryon, Anson Coles, Andrew Safely, Rev. Christian Troup, D. S. Hahn, Hiram Bales, Asher Edgerton, Peter Roland, John Stewart, J. E. Boyd, Philip Hull, John Young, Mr. Granger, L. H. Powell, John McCloud, Mr. Kemp, Listebarger brothers, and many others.

The Hoosier Grove settlement was made in 1838, being in Putnam township; Isaac and Abner Cox and John Holler, and several others, settled here that year.

During the year 1839 Otter Creek was settled by Stevens, Michael Greene, Bart McGonigle, Henry Nelson, William Chamberlain, Dr. J. Cummings, Will Sullivan and Perry Oliphant.

Dyer Usher and Joel Howard ferried people across the Mississippi near Muscatine in the summer of 1839. These men died near Covington a few years ago. Usher always claimed that he was 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 frequently left for civilization to earn a little money. So it might have been that Usher was a bona fide resident of Linn county, while he could get no employment nearer than Muscatine.

A number of persons settled early around Cedar Rapids in the timber a few miles from town. William Knowles located on what is known as Mound Farm in 1839 and gave this 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. Carroll speaks of the family as having an unsavory reputation. The family removed further north when some of them at least were accused of being notorious horse thieves.

Joel Leverich next became the owner of Mound Farm, a person who had somewhat of a history in the early days of politics in the county. In 1843-44 this property was purchased by George Greene.

A number of people lived along the trail between Marion and Cedar Rapids. Among those well known not already mentioned may be named Ambrose Harlan, Dave Woodbridge, J. E. Bromwell, J. P. Glass, Rufus Lucore, John and Will Hunter, Thomas Hare, Will Willis, and many others.

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We quote the following from directories and gazeteers published years ago. These statements may not be correct in some details, but the facts were obtained from some who were doubtless familiar with them.

Thus Wolfe in his Cedar Rapids and Kingston directory of 1869 speaks of John Mann, of Pine Grove, as the first settler in Linn county, he coming in 1838, and of the first marriage in the county as that of Sarah Haines to Richard Osborne, in 1839, and the first death as that of Mrs. Haines, an elderly lady who died from an accident in July, 1838.

He further speaks of the first store in Westport as that of Albert [should be John] Henry in 1838. It is thought that Stone also carried on some store or trade with the Indians before this. He speaks of the second store as being operated by W. H. Merritt in 1839. This should be 1838, as is seen from Merritt's letter to S. W. Durham, found in another portion of this volume.

The first claim of land in Cedar Rapids was made by William Stone, in 1838, who built a cabin on the banks of the river on Commercial street, now First street. Is this the Shepherd 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 and grist mill built by Brown in 1842, the second flour mill built by Alex Ely in 1845, and the first woolen factory erected by Brown in 1845. Miss Legare built a saw mill in 1851.

As late as 1869 Wolfe speaks of eight flour and saw mills being operated in and around Cedar Rapids. He speaks further of two woolen factories and the steam bakery of I. H. Shaver & Co., and of the Fish paper mill, manufacturing 300 tons of paper annually. The directory speaks of the American Express Company having an office here as early as 1859, with W. B. Mack as the first local agent.

The editor also mentions that the learned professions were represented by ten clergymen, thirteen doctors, and about fifteen lawyers.

He also mentions J. Bell's stage line running daily between Iowa City, Solon, Western, and Cedar Rapids, and also of a line to Vinton.

The following as seen by a traveller may be of interest. It is from A Glimpse of Iowa in 1846, by J. B. Newhall, Burlington, Iowa, W. D. Skillman, publisher, 1846:

The modern traveler speaks of broad meadows, of rich corn fields, and of large manufacturing interests. This traveler of sixty-five years ago speaks of timber which has disappeared and of maple sugar orchards which makes us wonder what they were like.

From Bailey & Hair's Iowa State Gazetteer, 1865, we gather these facts:

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In Guide, Gazetteer and Directory of the Dubuque & Sioux City Railroad, Dubuque, Bailey & Wolfe, 1868, we read of Cedar Rapids:

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