History of Osceola County

by D. A. W. Perkins 1892

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.



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