This applied to the farming community as well as that of the city, and "jumping" one's claim was a dangerous proceeding.

At this time the whole of Pottawattamie county, which was much larger than at present, as well as considerable adjoining territory, was under exclusive control of the Mormons. They made public sentiment, controlled election of all public officers, and representatives of their faith sat in two sessions of the state legislature. In 1849 the great wave of California immigration set in, and hundreds of trains and thousands of men assembled here and camped while laying in supplies, and Kanesville hecame a great outfitting point, and the merchants reaped a rich harvest. The farms furnished abundance of grain, while steamboats arrived almost daily with large stocks of goods for the merchants, and the rush was so great that at times emigrants had to wait for days for their turn to be ferried across the river. Not only that, hut the Mormons saw money in it and proceeded to establish ranches along the trail, and ferries across the rivers. Among these were two old timers, Uncle Bill Martin and Old Bill Powers, that had a ferry across the Elk Horn. Every week or two they would bring their money down in a sack and put it in Stutsman & Donnel's safe. At the end of the season they would take out the sacks, empty them down on the floor and sit down, one on each side of the pile; then one would take off a gold piece, then the other would take one of the same denomination, and so on down to the smallest coin until the pile was exhausted. This method of settling partnership business they had learned from the Indians and claimed it as the only fair way.

This great movement of the California immigration in connection with the gradual exodus of the Mormons soon wrought a great change in affairs. Some of the emigrants, on seeing the wonderful fertility of the soil, with its fine groves of timber along the streams, changed their minds, traded part of their outfits to the Mormons for their claims and settled here permanently. Also there were many that considered Brigham Young an usurper, and young Joseph the true prophet. These rejected the doctrine of polygamy and those that remained organized churches, which they still maintain, and are as good an element as we have in the present community.

This, with the natural influx of Gentiles, so changed matters that its character as a Mormon community was lost forever. In fact, their whole doctrine, religiously and politically, being contrary to all our traditions and teaching, could only be temporary.

Whether this change was morally beneficial is debatable. Under the old dispensation the saloon, gambling and bawdy house were not tolerated, but now blossomed out in full vigor, and as there were no state laws or city ordinances in force (at least not more than at present), in fact, the city was what would now be called a wide-open town.

Early Residents

With the end of Mormon supremacy the people began to look about to see where they were. The county, which was much larger than now, was reduced to its present size, an election held, and A. H. Perkins, David D. Yearsly and George Coulson were elected the first commissioners. The first clerk was James Sloan, and its first county judge was T. Burdick, elected in 1851. The first term of the district court was held May 5, 1851, James Sloan presiding as district judge, with Evan M. Green as clerk and Alex McRae, sheriff. Orson Hyde was one of the practicing attorneys in this court. After presiding one year Judge Sloan resigned and the governor appointed Judge Bradford, who presided until the people elected S. H. Riddle. In 1848 Evan M. Green was appointed postmaster, but it was some time before a regular mail route was established connecting this with the nearest postoflice in Missouri, and several years before regular mails from the east came across Iowa. In 1848 Orson Hyde started the Frontier Guardian, with Mr. Hyde and A. C. Ford as editors. This paper was politically Whig, religiously Mormon, and lasted four years.

Among the early prominent merchants of this early day was J. B. Stutsman, of the firm of Stutsman & Donnel, the latter being at St. Joseph. In addition to merchandising he built a flouring mill where the town of Macedonia now is, laid out Stutsman's addition to the city, built a good comfortable dwelling, which at that time was the most palatial residence in the city, and which is still in good repair, while he himself at ninety is still rustling at the city of Harlan, Shelby county.

Another of the prominent merchants of that time was James A. Jackson, of the firm of Tootle & Jackson. Milt Tootle, as everybody called him, lived at St. Joseph, Missouri, and as the county settled up he established stores all along the river as fast as a town was started and placed his most trusted clerks in charge, making them partners. It was Tootle & Jackson here, and later, in Omaha and Sioux City. Mr. Jackson was what you might call an up and up man. As an index to his style, a little incident that occurred when new cities were being started all along the Nebraska side of the river will illustrate it. He sent a clerk on a collecting tour. He was all right with one exception. He had a weakness for liquor.

After making some collections he fell in with three most agreeable young men who soon discovered that weak point and proceeded to profit by it. After getting him in proper condition, the inevitable game was proposed wherein three proposed to relieve one of his money, which was soon accomplished.

On coming to himself he returned, made a full confession, expecting no mercy. Did Jim Jackson kick him out doors or send him to jail? Not much! He gave him fifty dollars more, and said: "Now, go back and insist on another show for your money and I will be around." The scheme worked; they had just got started in a quiet room by themselves when Jackson dropped in and, presenting a six-shooter, said: "Give that man his money you robbed him of or I will kill every son ____ of you in a minute." They complied.

After conducting the business here for several years, he went to St. Louis and engaged in the wholesale grocery business On finding his health failing, he went to the mountains and engaged in mining and later in stockraising on the plains, but failed to regain it, and finally died December 24, 1893, and now rests under a beautiful granite shaft in Fairview cemetery, while his venerable widow is at this writing living at Sioux City with her son.

Among those that were bound for California but were attracted and stopped off here was S. S. Bayliss. He was a Virginian of the old school, courteous and dignified, but not accustomed to roughing it. He traded his outfit for claims that included much of the most desirable property of the city. Of this he caused to be platted and recorded as Bayliss' addition, one square of which he gave to the public for a park, and for many years he was considered very wealthy. But in later years money in divers ways slipped from him, his family became scattered and he died in 1874 in comparative poverty. For years there was a band stand in the center of the park where during summer evenings free concerts were given, but later this was supplanted by a beautiful fountain, and as we enjoy the shade of this beautiful spot, it seems sad that there is not even a statue placed to perpetuate the memory of the giver. There are numerous similar cases, but not all are so pathetic as this.

Addison Cochran was another fine old southern gentleman, who had been a colonel in the Mexican war. He bought more property than he could handle or pay for and when crowded, begged his creditors to take all and release him. This they refused to do and he fled to the mountains, went into mining, made a raise, as well as had his land, during his absence. He sold some, redeemed the balance and became rich at last. He was elected mayor of the city. He also donated a square for a park which has been nicely improved. He died May 20, 1896, and has a beautiful monument in Fairview.

But we are going too fast. We must go back to the early times.

The California emigration, added to the Mormon occupation, had brought us to the place where we must assume the duties and responsibilities of established communities.

The county having been organized, it became necessary to have the other accessories. A huge log house was bought of the Mormons for a court house and a small building for a jail. These were built on South First street (then called Hyde) opposite the foot of Plainer street. The jail was about eighteen feet square, constructed of three-inch plank, doubled so as to break joints, and filled so full of spikes that it would be impossible for a prisoner to saw out, and although occasionally one would escape, it is altogether probable they were let out by some friend having access to the key.

This was called the Cottonwood, and Judge Frank Street had the credit of being the architect. After doing duty for the county a number of years the city moved it down on the northwest corner of Second and Vine streets where Quinn's lumber office now is, and used it for a calaboose. It came to a sad ending in '67 by an unfortunate man being burned to death in it.

At that time there were no police, only the marshal. A laboring man was put in for drunkenness. The furniture consisted of a bunk, wood stove, table and two chairs. It is supposed that he had added wood to the fire and left the stove door open and the fire rolled out and caught. His cries were heard by a near neighbor, but they thought nothing of it. as drunken men frequently kept up a noise, but when the light attracted attention and help arrived it was too late. He was a harmless man with a family and his only fault was this weakness. It was a shock to the entire community.

As soon as a good room could be rented the old court house was abandoned and for years the district court was held in rooms rented for the occasion.

Another man that was attracted here by the California emigration was C. O. Mynster. He was a native ol Denmark, had been living for some time in Washington City, stopped in St. Louis, bought a stock of goods, and came here in 1850, but too late for the spring rush, and opened a store in the building that later became notorious as the Ocean Wave saloon, where he traded off his stock to the Mormons, who were pulling out for Salt Lake. Among these claims was one that included the famous Mynster spring before alluded to. He thus acquired a large amount of valuable land, some being in the bluffs, heavily timbered, as well as bottom land. He died in 1852 of cholera. His widow, Mrs. Maria Mynster, managed the estate for many years, living at the corner of First street and what is now Pierce, later built a fine residence on Scott street and Washington avenue, but finally moved to a home with her son by the big spring, where she died in May, 1892.

For these facts we are indebted to W. A. Mynster, the son above referred to, who at this writina is president of the bar association of the county. He fully believes that spot by the spring to be the original Council Bluffs, as he occasionally finds evidence of former presence of white men and Indians, of pottery and stone implements that must have belonged to inhabitants of prehistoric times.

Dustin Amy was another refugee from Nauvoo. He placed his family and outfit with David DeVol and family for the pilgrimage across the state while he came around by St. Louis, where be laid in a stock of stoves and tinware and opened up and carried on the business for a while, but finally went on to Utah. His wife declined going farther and the family remained here, she opening a boarding house, and their son Royal succeeded him in the business which, though only eighteen years old, he conducted successfully for more than a half century, while his mother, by industry and good investment, became quite wealthy, and later, when her husband became feeble, she went and brought him back and cared fur him until his death in 1868.

David DeVol, before mentioned, who came at the same time, clerked in stores, held several public otlices and reared a fine family. His son. Paul Colman, built up a large business in the hardware, stove and tin business, which he conducted until his death, when it became incorporated as the P. C. DeVol Company, with his son as manager, thus perpetuating the name. The pioneer, Mrs. DeVol, died October 28. 1894. Mr. DeVol died July 6, 1901, aged ninety-six years. Two daughters at this time survive them: Miss Mary, who has lived at the homestead on First street for sixty years, and Mrs. W. R. Vaughan, of St. Louis.

These great movements of men wore a groove that was soon to be followed by the pony express, the stage coach, the telegraph, and finally the Union Pacific Railroad. The same cause that has always impelled mankind to follow the sun was more active than ever before, and no such body of men - men consisting of those of all occupations, trades and professions - ever moved with such irresistible force to capture such a prize as the host that launched itself upon the frontier for the conquest of California.

All young or middle aged men, very few women and no children. In their rough clothing you could not distinguish a senator from the backwoodsman, but all had a keen sense of honor, and thieving and petty crimes were almost unknown, and a woman was safer in that rough crowd than in New York city to-day with its thousands of police.

Following these grand movements, however, came the jackalls to prey upon the mass until it becomes necessary to crush them without due process of law.

Council Bluffs Incorporated

Before the supremacy of the Mormons was ended, the Gentiles (as all others were called) were pouring in. In November, 1851, Rev. G. G. Rice started a little church of eight members, also a Sunday School in a log house on Broadway, a little west of the intersection of Glenn avenue. This was Congregational and has grown to be a large and influential society. Mr. Rice at eighty-six is still with us although not engaged in the ministry. Rev. Moses Shinn, of the Methodist persuasion, used to preach and some claimed that he was as learned in full deck poker as in theology, but this was probably a joke.

At this time Kanesville contained over seven thousand population, including its suburb of Carterville, which was east of the Mosquito creek and extended from that stream to the top of the hill in a southerly direction.

In '52 matters had reached a point where it seemed desirable to have a city organization, and early in 1853 a charter was granted for the city of Council Bluffs, and Kanesville disappeared. In April of that year the first charter election was held, which resulted in the election of Cornelius Voorhis for mayor; W. H. Robinson, recorder; M. W. Robinson, marshal; S. S. Bayliss, G. G. Rice, S. T. Carey, L. O. Littlefield, L. M. Klein, J. E. Johnson, J. K. Cook and J. B. Stutsman, for aldermen; R. L. Douglas, attorney; Samuel Jacob, engineer, and David DeVol, assessor, and the frontier camp became a city.

Up to this time the city was mostly along Indian Creek valley. What is Broadway was an irregular trail and the principal business within two squares of the corners of Broadway and Hyde (now First) street.

In the summer of '54 the original town of Council Bluffs was surveyed, platted and recorded by Mr. Thomas Tostevin, who later filled the important offices of county surveyor, city engineer, county treasurer and mayor of the city, and died August, 1905, at the age of seventy-six years. In 1853 the name of the postoffice was changed to conform with that of the city. And in the same year the United States land office was opened and speculators flocked in armed with sacks of gold and silver, land warrants and revolvers. H. D. Street was the first register and Dr. S. M. Ballard the first receiver. Both were Whigs and received their appointment from President Fillmore. Eighty-three thousand land warrants had been issued by the general government to the soldiers of the Mexican war and thousands of these found their way to this office and were located on the rich lands of western Iowa. Some by the soldiers but by far the largest part by speculators, into whose hands they had fallen. Dr. Ballard, who had been living in Iowa City, now moved to this city and made his home here, although most of his time after his term of office had expired was spent on his farm, one of the largest and finest in Audubon county. With the dissolution of the Whig party he promptly joined the republicans and became one of its pillars. He was a man of commanding personality, being six feet six, with a long beard white as snow, and would command attention in any assemblage, as was later illustrated at the republican state convention of 1875. When the announcements of candidates were being made, several names had been talked over, but that of Gov. Kirkwood had not been mentioned. At the proper time he stepped into the forum and announced his name. A number of the delegates arose and demanded by what authority he made the announcement, and whether he would accept. Without taking his seat he responded: "In the name of the great republican party I make this nomination, and in its name and for it I promise the great war governor will accept." This took the convention by storm, and he was elected as triumphantly as nominated.

We have seen the county brought to its present limits; the district court organized: the United States land office opened; postoffice established; and the frontier camp of Kanesville transformed into the city of Council Bluffs. Many new-comers were constantly arriving and in addition to the merchants previously named came Cornelius Voorhis, R. P. Snow, Thomas Hinshall, B. R. Pegram and Patrick Murphy and, a little later, J. L. Forman. But now the out-go of emigrants exceeded the influx, so that the population of Council Bluffs was less for a few years than was that of Kanesville.

Among the arrivals of 1850 were G. A. and William Robinson, who accepted clerkships in stores, but were destined to be prominent a little later by the first opening of the Robinson house, which was the leading hotel for some years, and the other becoming a member of the firm of Babbitt & Robinson. Notwithstanding the resident population was now decreasing in the city, the country was settling rapidly after opening of the land office, and the California and Salt Lake travel was coming as well as going, and the business continued to increase.

On the 8th of October, 1853, a destructive fire occurred that destroyed half of the business part of the city, and but a small part of the goods were saved. These buildings were log and were rapidly replaced with frames, only to be consumed again a year later. This time, however, part of them were rebuilt with brick, a brickyard having been in operation for some two years, owned by Benjamin Winchester.

Schools

As in most new communities the large majority of the inhabitants were young or middle aged, and comparatively few had children of school age, still there were enough to call for the school marm. There is some uncertainty as to who taught the first, but, at all events, a man by the name of Brown taught in 1853 in the old log court house, which was for some years afterward used for the same purpose. James B. Rue and his wife, both excellent teachers, opened a private school on Washington avenue, and a lhtle later two sisters, the Misses Rockwell, opened a select school.

The First Murder

During the spring of 1854, while the city was full of emigrants, a man named Samuels was camped in the glen on the ground that is now Glen avenue. A young man named Muer had made arrangements to go with him, and while Samuels was sleeping, Muer killed and robbed him. The emigrants swarmed out like bees, captured the murderer, gave him a fair trial, including the benefit of attorney, jury and clergy, and when he saw his case was hopeless, he confessed to Elder Shinn, and directed him to where he had hidden the money. He was then taken back to the spot where he had committed the murder, a man climbed an elm tree, adjusted a rope around a limb with the other end around Muer's neck. He was made to stand on the back of a mule which was led from under, and he died from slow strangulation. The civil authorities did not interfere and it would probably have been useless if they had. as the campers were more numerous than the citizens. Some twenty-five years later, in working the road about the eastern limit of the city, a plow tore through an old rotten stump and a lot of gold coin rolled out and was scrambled for by the laborers. They would not tell the amount, but this was undoubtedly the money for which the murder was committed.

For years after this ravine was called by the name of Hang Hollow.

The second murder was that of Fred Lord by Tom Golden, on account of difficulty over a load of stone. There were two attachments against the stone and Lord was hauling it away by virtue of one, when Golden shot him from ambush. This was July 10. 1854. Although arrested he was cleared in some manner. This was at Trader's Point, close to the south line of the county. The murdered man left a young wife and infant daughter who are both living at this writing.