Chapter XIV
We will now leave the general run of settlement for a
few chapters and speak of the County's finances in its method of
doing business in the early days. Lawyers' fees seemed to be the
most prominent method of "raising the wind." Winspear
was a lawyer, Blackmer was a lawyer, and indeed, it was the old
saying repeated, that "Caesar had a party, and Brutus a
party, but Rome had none." Other lawyers, also outside the
County, had a hand in it, but still there were several lawyers in
the County at the time who were battling the gang in their
thieving operations.
The early part of the Osceola County, indeed northwestern Iowa,
for the Sioux City lawyers, was, as Deacon Howell remarked of
Lyon County, "a field for legitimate speculation."
Sioux City itself then was not prolific with litigation, clients
were not numerous, and the Argus eyes of some of its
distinguished disciples of Blackstone magnified the gigantic
wrongs of this grasshoppered district, and their tender
sympathies were manifested by professional services and
condolence to the tune of retainer fees, which in the days of old
Rome would have made the eloquent Cicero himself blush with
hesitation in receiving them. The many grievances that seemed to
afflict these northwestern Counties then were simply astonishing,
but the remedies suggested by the legal fraternity to be applied
by use of County warrants were appalling and apparently
numberless. Sioux City then was the guardian of these afflicted
Counties, and when a steal was to be perpetrated, or when
suspicion of its coming perpetration caused a ripple of comment
and excitement among the people, then both boodler and reformer
would tie themselves to Sioux City, and within the offices of
their respective counsel the shadow of defeat for the one, or the
sunshine of success for the other, would be thoroughly discussed,
which would result either in an exhibition of unbounded
"check" or triumph for the watchers and waiters for an
honest administration. But the time finally arrived when the
scathing voice of the people brought these wild speculations and
exorbitant retainer fees to a close, and County affairs were held
down to the bed-rock of reason and economy, and there was
established rules of good government and efficient
administration, which no one since has been disposed to violate
nor depart from.
The boodler gang which had fastened itself upon Osceola County in
1872, had by the boldness and mercenary motives of their
operations, excited a strong and desperate feeling of opposition
among the settlers. That year it was a theme for discussion, the
topic of conversation, and taxed the ingenuity and better
judgment of the honest element of the county as to what to do.
Each side had their friends, and no other question entered into
the election in the fall of 1872, except to elect into office
representatives from one side or the other. On the 26th day of
August 1872, by a previous call, there was assembled in Sibley,
near the Sibley hotel, a large concourse of settlers from all
over the county, numbering about five hundred. These men were
eager and determined in the feeling and spirit of reform, and
were indignant. The meeting had been called by H. G. Doolittle,
D. L. Riley and John Hawxshurst, and a circular requesting the
settlers to meet had been sent over the county. The meeting was
organized by electing D. L. Riley chairman.
It will be seen by the records of the board that there was to be
swampland selections, and that Frank Stiles was appointed to
select them. Settlers in the county were afraid that this
unscrupulous gang might report some of their claims as on the
swamp land order, and thus complicate their titles and throw
their claims into contest and litigation, which would be
troublesome and expensive. This question was discussed at the
meeting also, and several made speeches. However much the
settlers then may have been poor in this world's goods, there was
not at this meeting any poverty of language. Winspear himself
appeared and made a statement that in swampland selections it was
the railroad company lands they were after, and not the land
occupied by settlers. He also read a letter from the Sioux City
attorneys stating this fact, and among other things the letter
instructed the Board to issue the six thousand dollars attorney
fee in warrants of one thousand each. Speeches were made by D. L.
Riley, Hawxshurst, Doolittle and others, and the meeting finally
culminated in appointing a committee of twenty-seven men, and
these men were instructed to take the necessary steps to bring
about the resignation of objectionable members of the Board of
Supervisors, and to carry the feeling of reform into practical
results in all departments of the county administration. This
committee consisted of D. D. McCallum, George Hamilton, M. J.
Campbell, C. W. Wyllys, M.D. Hadsell, John Douglass, E. Huff, Geo.
Ketcham, John P. Hawxshurst, C. M. Brooks, F. M. Robinson, J. F.
Glover, A.M. Culver, W. H. Gates, H. L. Baker, Robert Stamm, H. G.
Doolittle, C.C. Jewel, ------Stickney, B.F. Tabler, C.C. Ogan,
Rev. Jones.
This committee demanded of the Board of Supervisors that they
resign. The committee also organized, electing George Ketcham
Captain, John Douglass First Lieutenant and M.D. Hadsell, Second
Lieutenant. Nothing was done by them except upon a general
conference, discussion and deliberation, and a final decision by
vote of the committee as to the moves to be made. It was first
decided to proceed in the house of H.R. Fenton, and demand his
resignation at once, and if he refused to resign to carry out the
vigilance committee act, and suspend the victim, as is usual in
such cases, in mid-air. About the first day of September in this
year of 1872, the committee met at the house of C.W. Wyllys and
at about 10 o'clock in the evening started from there and went to
Fenton's house. The committee took a rope along with them
sufficient in strength for the hanging, and if the demands of the
committee were not complied with, were anxious to use it. The
committee halted in the slough west of Fenton's house and sent
the Captain and the two lieutenants to make demand upon the
Supervisor. Inquiry was made at the house and the three committee
delegates were informed that Fenton was away from home, and it
was learned afterwards that there was a traitor in the reform
camp, and that Fenton had been notified and was in hiding. Fenton
was then living on Section 20, in Wilson Township.
The committee then proceeded to Winspear's house, which is
where---------now lives, and the larger part of them remained in
the railroad cut, near the house, while a delegation went to the
house to demand the resignation. Winspear and friends, this
committee's representatives were informed, said there would be no
resignation, and that the inside of the house was an arsenal, and
any attempt at violence would be resisted and that somebody would
be killed. The committee, upon learning this state of affairs,
retired peacefully to their homes, and probably wondering when
would this "cruel war be over."
The next day it was rumored that Stiles had a warrant of arrest
for Douglass, so that this irrepressible Scotchman cleaned up his
six-shooter, went to Sibley, and tackled Stiles about the
warrant, which Stiles denied. At this time Stiles had appointed
twenty-six deputies, for his own and friends protection, and
these were in Ward's saloon when Douglass went in. Their guns
were standing around against the side of the building, when
Douglass got some fellow to go around behind Pat Larkins'
building and make a cry of fire, which he did, when the
twenty-six deputies rushed out of the building at this unusual
sound, and Douglass, left alone, dumped the shooting -irons
through a trap door where there was about four feet of water.
In the fall of 1872 Blackmer and some others went to Sioux City
with $40,000 of Holman School District warrants for the purpose
of negotiating, and D. D. McCallum happened to be in the city at
the time and learning that these parties were there with the
warrants and of their intentions, and knowing the fraudulent
character of the paper, notified the banks so that Blackmer and
his party were unable to negotiate them. Blackmer returned to
Sibley with them, and was made to give them up; all but a $1,000
warrant which was kept upon the statement that he had none left.
A.M. Culver was then one of the most active participants in the
opposition forces against the Winspear crowd. During the winter
of 1871-72 Culver took Winspear to Sioux City in a sleigh, in
February, and Winspear had with him the $350 warrant issued for a
map of the County which the County had not yet seen. Culver knew
nothing of the warrant, and Winspear in the genial feeling of
companionship, suggested to Culver that as he was Treasurer of
the County, there was a chance to make some money, and upon
inquiry from Culver how it was to be done, said, to buy the
warrants at a discount and turn them in for cash. Culver replied
to him that as a county officer the law forbid it, and aside from
that he did not want to make money that way. Winspear negotiated
the map warrant at Sioux City on this trip, and on his return
Winspear was accused of selling the warrant which he did not
deny, but undertook to lay some of the blame onto Culver and told
their conversation, distorting and misrepresenting what Culver
had said. There was a crowd of settlers on that day in Sibley and
this trip to Sioux City being the topic of conversation, Culver
mounted a dry goods box and with that spirit of energy
characteristic of the man, and in a feeling of indignation, he
told the conversation that had taken place between himself and
Winspear and branded Winspear as a liar and a knave. This was
expected by some to bring about an open warfare and a resort to
weapons for the ripple of excitement was great and almost
irrepressible, but the occasion passed off without disturbance,
save and except a war of words. County officers then, as now,
were required to give bonds, but as all were homesteaders a bond
could not be given in the county that would fill the requirements
of the law but bonds were accepted with such signers as the
officials could obtain. Soon after the Winspear administration
had charge of the affairs it was found that Culver would not do
their bidding, so that under the pretense of apprehension Culver
was notified that he must give a gilt-edged bond or the books
would be taken away from him and he was given a certain length of
time to procure the bond. Culver immediately, unbeknown to
anybody, went to LeMars and obtained good names and then to Sioux
City and obtained the name of T. J. Stone for $5,000. When the
board met it was supposed that Culver had been unable to better
the bond and Sheriff Stiles was ready to turn Culver out, but the
Treasurer showed up what he had and the Board relapsed into
silence and acquiescence. The $6,000 allowed to H. B. Wilson and
Joy & Wright as a retainer on the swampland business was
paid, but no swampland was ever reclaimed or recovered. In
justice, however, to all parties concerned, we present the
following communication from the attorneys, which appeared
January 9, 1874:
EDITORS GAZETTE:
We are compelled, by the position in which we find ourselves
placed, to make the following statement to the citizens and
taxpayers of Osceola County:
It is well known to the majority of your citizens that we have
been employed to commence and prosecute the necessary suit or
suits to recover for Osceola County her swamplands, and that a
retainer was paid us for that purpose.
By the terms of the agreement entered into between the county and
ourselves, the county was to employ a competent
surveyor-accompanied with good and truthful men, as witnesses-to
make a selection of swamplands, and ascertain the owner or owners
thereof. And under this agreement, but against our advice and in
opposition to our protest, the Board appointed Mr. Frank Stiles
to make said selection. We urged upon the Board that Mr. Stiles
was not the person to make the selection, not from any animosity
to him, but because he was neither a theoretical or practical
engineer or surveyor; because he was at that time (whether justly
or unjustly) unpopular with a large number of your citizens, and
any selections he might make would meet with more or less
opposition, by reason of a want of confidence in him.
Under said appointment, Mr. Stiles went on and made a pretended
selection of swamplands, and did the work in such a manner that
it was universally admitted, by citizens of the county, that no
action could successfully be maintained upon it. We so advised
the Board of Supervisors-the selection was repudiated, and the
Board agreed to have another and proper selection made. Soon
after this a new Board of Supervisors came into office, and we
have been constant and unremitting in our efforts to induce them
to have the swamplands of the county selected, so that we can
commence the necessary suit or suits, but without avail.
Now we want the citizens of Osceola County to know and understand
that we entered into an engagement with the county in good faith.
It is impossible for us to make the selection; this the county
must do, and the interests of the county imperatively demand that
it should be attended to at once. For reasons, that it would be
improper here to state, the county may lose her swamplands if she
does not move in this matter promptly. It is certain that further
delay will greatly complicate the matter. If the county expects
to acquire swamplands, there must be a speedy assertion of her
rights, and this can only be done by making the proper
selections. We will not be answerable for the result of such
delay.
We are about to commence the necessary suit to recover the swamp
lands of Lyon County in the next term of the District Court, ad
it would be convenient to commence in your county about the same
time.
We submit to the people of Osceola County that it is not treating
us in good faith to place us in our present position in reference
to this matter, and we wish it to be understood that if the
swampland claims of Osceola County are not prosecuted it will not
be our fault.
H. B. Wilson, Joy & Wright.
This sort of belligerent spirit, or fighting campaign between the
contending forces, soon died away, and other and more peaceful
methods were concluded upon. It was thought best to resort to
legal proceedings and at the coming election in the fall of 1872,
to rally and elect a reform member of the board.