ANNALS OF IOWA
VOL. IX, NO. 2. DES MOINES, IOWA APRIL, 1871.
LYNCH LAW AT THE DUBUQUE MINES.
BY ELIPHALET PRICE
In executing the laws of Judge Lynch at the Dubuque
mines in the spring and summer of 1834, not only much good was accomplished, but
wrong was often done. It was an easy matter, in those days, to raise a hue and
cry against a person particularly if he was a stranger, and friendless; and the
mob once let loose upon him, seldom paused for evidences of guilt beyond the
report in circulation.
A number of instances of this kind came under our
personal observation, but none made so lasting an impression upon our mind as
the whipping of William Hoffman, a discharged soldier, the particulars of which
we will relate, as a specimen of the jurisprudence of Judge Lynch, when
administered by an exasperated crowd convened at the lead mines in those days,
for the purpose of inflicting punishment, without proper inquiry as to the
certainty of guilt.
It was in the month of July, 1834, as we were returning
to the village of Dubuque, from our mining labors in the country, our attention
was arrested by a large concourse of people assembled in the vicinity of the log
blacksmith shop owned by Thomas Brasher, which occupied the present site of the
Catholic church.
As we drew near to the crowd, we discovered that Judge
Lynch was about to convene his court, for the purpose of trying an offender,
who, it was said, had appropriated to his use a bank note of the denomination of
$20, the property of another person. The prisoner had the appearance of being
about fifty years of age, and was appareled in the fatigue dress of a United
States soldier. Time had begun to whiten the locks which wantoned beneath, and
fringed the glazed border of his military cap. He had assumed an erect
military attitude, his arms folded upon his breast, while his eye sought with
calm indifference the circle of spectators which surrounded him, who were
indulging in a boisterous debate, as to whether he ought to receive one hundred
lashes or be tarred and feathered. The impanelling of a jury was at length
suggested, with powers delegated to them to hear the facts alleged against the
prisoner, and to make such decision as to them might seem just and right.
Accordingly, a Jury was impanelled, and a presiding judge elected from their
number, when the complainant was called, who came forward in the character of a
native of the Emerald Isle, who, like the prisoner, wore the undress uniform of
a United States soldier.
Judge (addressing complainant).—"You
will state what you know about the prisoner robbing you of $20."
Complainant.—"May
it plase yer onerable worships, it's meself that got an onerable discharge last
wake from the sarvice at Fort Crawford. whin says I te meself, Misther McMurty,
ye'd better be degin yer fortin in the mines than to be sogeerin away yer
preshus life in doing niver a thing, barrin' the killin' of a murtherin' Ingin
now and thin; an' with that, be dad, I tipped me cap to the aremy, shouldered me
kit, an', with yer 'oner's leave, I arrived in the mines yestherday, and who
should I mate but me ould comrad that's standin' up before the coort marshul.
Willy, says I, an' will yees be afther takin' a drap, and wid that he said he
wud; well thin, it's a drap we tuk here and there, an' it was meself that tuk a
drap too much, when, says I, Willy, ye's jout of the saravice longer nor meself,
an' bether acquainted with the treeks of the world, do yees be takin' me mooney,
an' kape it till I gits sober; an' wid that he tuk it, an' now a divil a bit
will he giv it me at all; and yer 'onerable worship knows that its meself am
sober as an ordily on duty, and that's all I know about it."
The court now asked the prisoner if he had any defense
to make, to which he replied:-
" I admit that he gave me the money, and at his
request I returned it to him soon after; this is true, gentlemen. I have nothing
more to say."
Court.—"This will not do old fellow, you can't
come the 'old soger' here; you must give up the money or take fifty
lashes."
Crowd.-"Give him a hundred. Tar and feather
him."
Court.-"Will you give up the money or take the
lashes?"
Prisoner.-"I have not the money. I returned it to
him. I am not guilty of any wrong, gentlemen. I am innocent of the charge."
Crowd—" Strip him. Give it to him raw, if he
does not fork over."
Here a rush was made at the prisoner. His coat, vest,
and shirt were stripped from his body, his cravat girted around the waistband of
his pantaloons, and himself dragged forward to a rise of ground, where his hands
were lashed each to the hind wheel of a wagon.
A person was selected from the crowd to fling the
raw-hide upon his body fifty times in ten divisions of five successive strokes.
The executioner was a powerful man, displaying an arm of great muscular strength
as he coolly laid aside his coat and rolled up his shirt sleeves for the task. A
shudder seemed to creep over the limbs of the prisoner as he eyed the physical
powers of his executioner, and in the most beseeching manner begged that he
would not mark him with heavy blows, to which the man of the whip replied:—
"I know my duty; and it is to rid the town of such
as you."
"Give him the lash," shouted the crowd.
The executioner having taken his position, asked him if
he would give up the money, to which he replied as before:—
"I have not the money, gentlemen; do not whip
me."
The raw-hide was now swung in the air, and descended in
five successive blows of measured time. The screams, the agony of the prisoner,
seemed only to awaken a general shout of satisfaction from the crowd. The blood
trickled from the deep furrows of the lash, when again the bloody raw-hide swept
the air and counted ten. For a moment an ashy paleness diffused itself over the
countenance of the prisoner; his head lowered upon his breast, as he staggered
under the prop that bound him to the wheels. "Score home another
five," shouted the infuriated crowd, when again the lash resumed its
strokes, cutting its way through the quivering mass of coagulated blood that
gathered in the channels of the deep-cut wounds, bespattering with gory blotches
the apparel of the executioner. The deadened and lifeless flesh that hung from
his back in quivering festoons no longer felt the painful keenness of the lash,
which being observed by the crowd, a fiendish yell arose from their midst,
demanding that he should be cut upon the sides. As the shout fell upon the ear
of the prisoner, he started as from a dream, while the agonizing thought that
his sides too were to be lacerated seemed to render him frantic with despair,
and, gathering all his physical powers, he made an herculean effort to burst the
bands that bound him. Finding himself unequal to the task, he paused for a
moment, and gazed around him upon the assembled multitude; then straightening
himself to his full height, he burst upon the crowd with an appeal, the energy
and language of which can never be erased from our mind. Commencing in a clear,
calm tone of voice, and ending with a ringing, stentorian shout, he exclaimed:—
"Do not kill me, my countrymen. I am an old man. I
beat the drum at Talapoosa and Tallahassee, and on my breast I carry scars from
Bad Axe. I am an American soldier. I am a native of Kentucky."
The delivery of this appeal seemed to strike the
surrounding crowd with mute astonishment, and for a few moments a solemn
stillness reigned throughout the dense circle of spectators, when we noticed an
undulating swaying of the crowd upon the opposite side of the circle, as a
person forced his way through it, and strode out upon the vacant area. He was a
tall, raw-boned, athletic man, somewhat round-shouldered, and wore a white
slouched hat turned up in front which, together with his buckskin over-shirt,
bespoke him a miner. An old-fashioned flint-lock pistol was belted to his right
side, while from his left swung a scabbard that contained his sheath-knife.
Munching from a piece of tobacco that he held in his left hand, he advanced
towards the prisoner with a slow but firm and measured stride, occasionally
glancing his eye to the right or left upon the crowd. There was a spasmodic
twitching of the lips, accompanied with a fiendish smile, that occasionally lit
up the scowling aspect of his visage, while his eye seemed to flash a deadly
defiance upon the crowd that surrounded him. Approaching the prisoner, he
observed:—
"I say
stranger—I mean you with the whip—suppose you stay your hand till we get
better acquainted;" then, seizing a handle of his knife with his right
hand, while with the left he grasped the sheath that contained it, he exclaimed:
"I say, if there is any man in this crowd from old Kentuck and 'aint
ashamed to say so, let him show his hand;" at the same time snatching his
knife from its scabbard, he flourished it above his head, then, pausing for a
moment with uplifted knife, he continued: "If there is none here it makes
no difference, I am from those parts, and that's sufficient;" then,
wheeling upon his heel, he cut the lashings that bound the prisoner. "See
here, stranger," addressing the prisoner, "you say that you are from
old Kentuck; perhaps you are, and perhaps you are not. But there is no time now
to consider that; it's enough for me to know that old Kentuck has been called,
and I am here to answer for her. Now, if you've been guilty of a mean act,
acknowledge the corn, and trail from these parts; and if you can show that you
are not guilty, I'll furnish you the tools, and back you up through the tallest
fight there's ever been in these diggin's."
Here he was interrupted by the complainant, who came rushing
up, exclaiming: "Och, be the powers that made me, Willy, its innocent ye
are; do yees be batin' him no more, for sure its a drunken baste that I am, not
to be rememberin' that he gave it back to me, and its a drunken fool that I was
to be pokin' the money under the office of 'Squire Williams; sure and do yees
bate him no more, till I brings the money, and show yees that its not the likes
o' Willy that would be sarvin' me a dirty trick."
This announcement came upon the crowd like the
stupefying shafts of a thunder-clap, and silence reigned for a time, while they
waited for the return of Mr. McMurty, but he was never after seen or heard of.
That night Kentucky swaggered through the streets of Dubuque by the gleaming
light of her bowie-knives, and there were none to cast a stain upon the fair
escutcheon of the state.
RECOLLECTIONS OF THE EARLY SETTLEMENT OF
NORTHWESTERN IOWA.
BY N. LEVERING, GREENWOOD,MO.
(Continued)
During the years of 1856 and 1857 the town mania ran
to an alarming extent among the settlers of the northwest, while corn and wheat
fields were sadly neglected. Very many good quarter sections were spoiled by
being driven full of stakes and gorgeously displayed on paper, while the only
perceptible improvements were the aforenamed stakes, and the only citizens
gophers, who held the lots by right of possession, and who seriously objected to
having their range intercepted with cottonwood stakes.
But few out of the many of these paper towns proved a
success, one of which was Covington, on the Nebraska side of the Missouri river,
opposite Sioux City. It was laid out by one Pecot, a Frenchman, John Fenan, an
Irishman, the Seaton brothers, and others, who made claims contiguous to each
other. Covington, it was thought, would, in time, be to Sioux City as Covington,
Kentucky, is to Cincinnati, Ohio. The town is located on low land, scarcely
above high water mark, covered with a very heavy growth of timber (mostly
cottonwood), which extended up and down the river for several miles. It was from
this point that the citizens of Sioux City obtained their supply of wood for
fuel and much of their lumber for building.
Quite a number of the citizens of Sioux City went over
on the Nebraska side of the river and took timber claims, some of whom resided
on their claims temporarily, and others employed parties to reside upon and hold
the claim for them until it should be disposed of or entered at the coming land
sales. In many instances the occupant received a portion of the claim, and not
unfrequently possessing him or themselves of the entire claim, regardless of the
rights and interest of the former claimant.
Among the many who went over and possessed themselves
of timber claims in "the goodly land," was Rev. C. D. Martin, of the
Old School Presbyterian church, a minister of marked ability, who had been
breaking the bread of life to the denizens of Sioux City for a brief period of
time, and had not received temporal bread sufficient for his labors to sustain
the corporeal existence of himself and family, who were in very limited
circumstances. Accordingly, he secured a timber claim of forty acres near
Covington, upon which he erected a cabin and made preparations to move his
family, and make lumber out of his timber, as a steam saw mill was soon to be
erected near him.
This, many of his parishioners and outsiders regarded
in the Reverend, as a matter of speculation, and partaking too much of secular
interest for a minister to engage in, and were somewhat unsparing in their
denunciations. This coming to the ears of our reverend friend, he at once
determined to abandon his flock to their own destruction, but not without first
giving them a severe reprimanding for the stigmas they had cast upon the
character of their shepherd. Accordingly, he left an appointment to preach, at
which time he proposed to take ministerial leave of Sioux City. We were present,
and heard this his last or farewell sermon, which was delivered in a log house
on Douglas street, opposite the United States land office, and occupied as a
real estate office by Culver, Betts, & Co., and afterwards known as the old
fort. He chose for his remarks on that occasion the exx. Psalm. It has never
been our privilege to listen to a more scathing, sarcastic, and withering rebuke
to the false tongue, calumniator, &c., than upon that occasion. While he was
portraying the character of the calumniator, the following lines of the poet
were forcibly suggested to our mind:—
"Detested pest of social joy,
Thou spoiler of life's pleasures,
Like moth or rust ye soon destroy
What's more than all our treasure."
He dwelt in a cutting manner on those who had traduced
his motives and poured out the cup of slander to its last dregs upon his devoted
head. The following lines are a sample of his sarcasm:—
Unto the dregs they'd draw it out,
Delighted with their labors,
Then bear the burning swill about,
To treat their thirsty neighbors.
He concluded his remarks by saying: "Now,
brethren, Paul made tents for a living, and I make lumber. No fault was found
with Paul by his brethren for so doing, and why should you denounce me as a
speculator, land shark, &c., and not Paul? I repeat it, brethren, Paul made
tents and I make lumber." He then shook the dust from his feet, as a
testimony against the city, and departed (no doubt much relieved) to his
cottonwood over the river.
Claims were soon regarded as being very valuable about
Covington, and much difficulty was soon the result among claimers. It was not an
unusual thing for claims to be jumped. In the summer of 1857 a young man by the
name of John Fitzpatrick, from Champaign county, Illinois, purchased a claim
adjoining Covington. He was a young man of good character, and soon became much
esteemed by the community. Shortly after having purchased his claim he married,
and left on a bridal tour to Champaign county, Illinois, where his father
resided. Before leaving he placed a tenant on his claim, to hold it until he
returned. Soon after he left, one George L Griffey, a Kentuckian, who had been
lounging about Sioux City some months, and who had been arrested while there on
a charge of riot, and was under bonds of $500 for his appearance at the fall
term of court, went over to Covington, and finding Fitzpatrick's tenant absent
from the claim, entered upon and took possession of it, which he held until
Fitzpatrick returned, which was about the 8th of August, when Fitzpatrick
ejected him from the cabin. In a day or two he returned, and found his cabin
again occupied by Griffey and a disreputable character by the name of Mahafy.
Fitzpatrick offered no violence, but told the trespassers that he would seek
redress at the hands of the law. The next day Fitzpatrick met with Griffey at
Pecot's house, in Covington, when he told G. that the claim was his, and he
would law him out of it. Angry words now passed between them, when F. told G.
that if he would lay aside his weapons he would flog him, and if he did not he
would release all his right to the disputed claim. G. then asked F. if he was
armed. "I am not," said F. Fitzpatrick now stepped out of the house
and a few feet from the door, and was conversing with a friend, when Griffey
stepped to the door, and, on seeing F. with his back toward him, drew his
revolver and fired at Fitzpatrick, the ball taking effect in his left side, just
below the heart. The shot was fatal; the unfortunate man lived about one hour.
The announcement of the murder in Sioux City created
the most intense excitement. Many of the citizens crossed over as quickly as it
was possible, to assist in capturing the murderer, but he made good his escape,
under cover of Mahafy's revolver, who was particeps criminis in the
bloody deed. Many of the good citizens were soon armed with guns and revolvers
and in pursuit of the bloody villains. The timbered portion of country for some
considerable distance around was thoroughly scoured, but no traces of the
murderers were found. Could they have been captured, such was the indignation of
the people, that they would, without judge or jury, have expiated their guilt at
the end of a hemp cord.
Griffey was never captured. Mahafy went to Omaha, where
he had not been long when he committed a brutal murder, for which he was
arrested and imprisoned, a short time after which he broke jail and made his
escape.
Covington has now grown into a place of considerable
importance, and may yet, from the genial rays of prosperity shed upon her by her
twin sister "Sioux," arrive to that position predicted for her by her
founders.
It was in the fall of 1855 or early in the spring of
1856 (I am not certain which), that Captain Lyon, of the United States army,
then stationed at Fort Randal, was so favorably impressed with the location of
Sioux City in regard to its many commercial advantages, which were destined at
no distant day to make her the queen city of the northwest, that he obtained
leave of absence from his command and came down to Sioux City and made a
pre-emption claim of one hundred and sixty acres, adjoining Sioux City proper on
the west. His claim extended south to the Missouri, which formed the line, along
which the land was rough and covered with timber of small growth. He built a
small cabin at the head of a ravine, which ran diagonally through his claim.
When his cabin (or malogney, as he termed it,) was ready for occupancy, J. M.
White (of the firm of White & Copeland) went out, and (as he said)
tabernacled with the Captain in the flesh in his malogney one night. The next
day (I think) the Captain proved up his pre-emption, White acting as his
witness. Captain Lyon then returned to his command, strongly impressed that he
had secured a good investment for the future.
This Captain Lyon afterward was the lamented General
Lyon, of the late cruel war, who fell while leading the gallant Iowa first in
the battle of Wilson's Creek, near Springfield, Missouri, on the 10th day of
August, 1861. Among the many brave and gallant officers whose loss our country
was called to mourn during the late bloody rebellion, none were more deeply
mourned by his countrymen, or whose death was more keenly felt as a national
calamity, than that of General Lyon. He was brave and sagacious, determined and
inflexible, and had the faculty of inspiring his men with the same spirit. He
possessed more of the qualities of a Napoleon than any other general in the
federal army.
It was when General Lyon was making a forced march to
Springfield, just prior to the battle of Wilson's Creek, that the Iowa regiments
led the command on every day's march some distance in advance, that General Lyon
gave them the (not very euphonious) name of "Iowa grey hounds." At the
battle of Wilson's Creek, Colonel Bates, of the Iowa first, was sick and unable
to command his regiment, and while Lyon was trying to inspire his men with that
indomitable courage and bravery that was so marked in his own character, the
Iowa 1st called to him and said, "General, give us a leader, and we will
follow him unto death." "I will lead you," said the brave Lyon;
"follow me." He lead, they followed— yes, followed him into the very
jaws of death. The General was mounted on his large dapple-gray horse, and some
rods in the advance of the regiment, when he received a rebel ball through his
body and near the small of his back, which proved fatal. As he fell with his
horse, which was killed also, his body-servant rode up. The General turned to
him, and, calling him by name, said, "I am going up." Many brave sons
of Iowa bit the dust that day, with their heroic leader, whom they followed unto
death.
Captain Skiler Low, a rebel captain (now of
Independence, Missouri), has given me the following statement in reference to
General Lyon's death: He says he was stationed immediately in front of the Iowa
regiment that General Lyon lead; that Lyon advanced directly toward him, and
several rods in advance of the Iowa regiment that he was leading, and that the
General was mounted on a very fine dapple-gray horse. The captain says that he
so much admired the general's courage and bravery that he did not want to see
him killed, but wanted him made a prisoner, and so expressed himself to those
present, who coincided with him; but as soon as fire was opened the general and
his horse both fell, near their line, when he made a charge with his company to
secure him, which he did—he was yet living. They bore him back to the rear of
their line, where every attention was shown him that the circumstances would
permit of; but all to no effect, as he soon breathed his last. After the battle
his body was surrendered to the Union forces, and so anxious were the rebel
soldiers to preserve some relic or memento of the fallen hero that they plucked
every hair from the mane and tail of his horse.
On the 25th day of March, 1858, W. H. Tracy, of the
firm of "Tracy, Pappan, & Co.," grocery and provision merchants,
in Sioux City, got involved in a personal difficulty with some one in the
street, near his store door, which resulted in a social knock-down, when W. D.
Copeland, a young man who resided on a claim in Nebraska territory, and who was
then in Sioux City on business, and on a visit to his relatives, who resided
there, came up, when the party quarreling with Tracy commenced a conversation
with Copeland, when Tracy interfered. High words passed between Copeland and
Tracy, which soon resulted in Tracy firing his revolver at Copeland, the ball
entering his head near the right eye, inflicting a mortal wound. Copeland was
conveyed to the house of his brother, where he lingered, suffering the most
excruciating pain, until the 9th of the month following, when he expired. Soon
after Tracy committed the murder, steps were taken for his arrest, but, with the
assistance of some of his friends, he made his escape and fled to Fort Randal,
where he remained for a short time, after which he fled to Utah. A large reward
was offered for his arrest, which was never made.
It was during the spring of 1858 that Captain J. B. S.
Todd, an old army officer, then of the firm of Frost, Todd, & Co.,
grocerymen, of Sioux City, conceived the idea of bringing about a treaty between
the Yankton and Pawnee Indians and the government, for the southern portion of
Dakota territory, and have the same opened for settlement as early as possible.
Accordingly, with the assistance of T. Bruguier (a resident of Iowa) and C. F.
Piscotte (of Nebraska), he obtained the consent of the principal chiefs of the
tribes to accompany him to Washington, where a treaty was effected, in which
16,000,000 acres of land lying in the southern part of the territory was
purchased by the government, for something over $2,000,000, in annual
installments for fifty years. Captain J. B. S. Todd may justly be termed the
father of Dakota territory.
While Todd was in Washington he wrote to some of his
friends in Sioux City that the treaty would be effected in about two weeks. This
created no little excitement. In a few hours might have been seen men of every
class and profession in the city, with the jabbering Irish and muttering Dutch—
some in wagons, some on foot, with camping implements, provisions, &c.,— a
load sufficient for a mule—taking up their line of march for the
"Canaan" of the north-west—the long wished-for land—each man with
a good point fixed in his mind, where a flourishing town would soon be built up,
and he made an Astor or a Girard. After arriving at the various good points in
the territory and staking off their claims, they did not long enjoy their air
castles of future wealth, when "Lo, the poor Indian," who did not take
much interest in corner-lot speculation, and who had been watching the movement
of their pale-faced neighbors, who, they feared, would spoil their corn-fields
by driving them full of stakes, gave them a peremptory order to "puck-a-chee"
(leave), which order was accompanied with demonstrations of violence, which
caused our Iowa claimers to beat a retreat, thus knocking anticipated fortunes
and air castle speculations of the grandest proportions into a "cocked
hat."
On the 13th of July following, A. H. Redfield, agent
for the Yankton Sioux, arrived and commenced the removal of the Indians to their
reservation, near Fort Randal. As Sioux City was the gateway to Dakota
territory, her citizens became much interested in the settlement and territorial
organization of the territory. It was in the summer of 1858, soon after the
territory was opened for settlement, that a number of persons from Sioux City,
headed by a few politicians, who, no doubt, were yearning for a fat appointment
in the territory, crossed the Big Sioux river into the territory and held a
meeting, petitioning congress for a territorial organization, in order to make
congress believe that there were many citizens in the territory, and that the
establishment of a territorial government was necessary. To do this, they
petitioned early and petitioned late. The petition was forwarded to Washington,
showing a very large number of citizens—many of them, however, had never seen
the territory. This proved a failure. However, the territory commenced filling
up rapidly; many citizens of Iowa moved in and took claims.
The territory was not organized until the 2d of March,
1861. In the first legislature were many of the pioneer settlers of northwestern
Iowa. The territory is now rapidly filling up by a hardy and industrious class
of citizens, who are rapidly developing the richness of her soil and commercial
interests, which are now giving her a world-wide fame, and will soon number her
among the leading countries of the northwest.
(TO BE CONTINUED)
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