Part 7 (1/2)
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 acc.u.mulated 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 Was.h.i.+ngton towns.h.i.+p, this county, while driving and there shot by a band of what was known as ”regulators” or members of the ”anti-horse thief a.s.sociation.”
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 pa.s.sing 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. .h.i.tched 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 acc.u.mulated 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 b.l.o.o.d.y 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 Mitch.e.l.l; 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:
Man and horse $25.00 Horses or cattle, per head, other than cattle yoke .37-1/2 Road wagon 1.00 For each horse hitched to said wagon .25 Each two-horse wagon .75 Each two-wheeled carriage or cart 1.00 One-horse wagon .75 Each hundred weight of mdse., etc..06
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.