During the millions of years which are included in the Tertiary ages Linn county was undoubtedly dry land. On our grass lands pastured a succession of strange and uncouth mammals evolving into higher and higher forms. Among these denizens of the county were probably herds of pig-like creatures, three toed horses little bigger than foxes, and ancestral monkeys swarming in the trees, for such are known to have existed in other states. But these chapters in the history of the county can not be written from any local records.

THE GLACIAL EPOCH

The warm climate of Tertiary times changed slowly to one of arctic cold. The winters lengthened and the summers becoming ever cooler and yet cooler failed at last to melt the winter snows. Vast sheets of glacial ice, such as that which shrouds Greenland today, covered much of the continent. The geologic panorama thus presents our area as buried beneath one after another of slow-moving glaciers hundreds of feet thick. The proofs of their existence are found in almost every cutting which goes below the soil. Any quarry will show the rock deeply rotted and pitted by long preglacial decay. Here and there upon its surface will be found remnants of the deep red residual clays, the subsoils of preglacial times. Upon these clays formed from the decaying rock rest stony clays in which clay, sand, and stones faceted as only glacier ice can facet, are mingled pell-mell together, as only glacier ice can mingle. Occasionally is found the unmistakable track of the glacier left on the underlying rock scraped smooth and marked with parallel scorings, as at the north end of the cut of the Chicago, Milwaukee & St. Paul Railway at Linn Junction.

The glaciers also brought from ledges of granite and other crystalline rocks in Minnesota, Wisconsin, and Canada the boulders which form a conspicuous feature in some of our prairie landscapes. These, the "first settlers," traveled to their destinations far more leisurely than any ox carts of the immigrant pioneers; for the glaciers can not have moved faster at most than fifty feet a day, and probably at less than a tenth that rate, judging by the rates of motion of present glaciers.

The ice sheets of the glacial epoch plastered the county thick with the stony clays which they dragged along in their basal layers. The thickness of these glacial deposits probably averages from fifty to one hundred feet. Old valleys cut in rock by Tertiary rivers were buried wholly from view, as, for example, one extending north from Prairieburg; and the farmer now plows his corn in fields which lie two and three hundred feet above the channels of ancient rivers. In places the old valleys were left to be re-occupied by the rivers. Such are the reaches of wide valley of the Cedar south of Center Point. In other places the rivers were diverted wholly from their ancient beds and made to flow in new channels which they have not yet had time to widen and deepen to their ancient measures. Such are the narrow rock bound valleys of the Wapsipinicon south of Troy Mills and of the Cedar at the Palisades.

On the final retreat of the glaciers waters from the melting ice swept over the county, leaving deposits of sand on the lower lands and in the valleys. Since the glacial epoch the rivers have cut their beds a score of feet and more below the deposits of glacial floods and in many places, as near the Ivanhoe bridge, remnants of these ancient flood plains are left as terraces or "benches" or "second bottoms." At Bertram the sands deposited by glacial waters near the mouth of Big Creek stand about fifty feet above the level of the river.

THE LOESS

A large part of the county is covered with a deposit of fine yellow silt called loess. Dry, it crumbles into powder at a finger touch; wet, it is somewhat plastic and can be moulded into brick and tile. On the hill and uplands the loess is thickly spread, adding in places at least forty feet to their elevation. Over the lowlands it is thin or absent. This yellow earth has been and is to be of greater value than mines of yellow gold. It is of inexhaustible fertility. It contains abundant mineral plant foods, partly constituent, and partly brought up into it by ground water; and these foods are so finely pulverized as to be of readiest solution and absorption by the roots. In wet weather the loess mantle absorbs the rainfall like a sponge; in months of desert drouth, like those of the summer of 1910, it returns the water to the surface, like a wick, to preserve the crops from failure.

A disadvantage of the loess lies in the readiness with which it washes. The forest which once covered nearly all the uplands protected the soil from wash by means of its mattress of roots and the thick prairie sod was equally efficient where hill slopes were grassed over. But where forests have been thoughtlessly cut down, and steep slopes turned to plow land, it is but a few years until the brown top-soil is all washed away and the fields in spring when freshly plowed are as yellow as a deep cut in road or brick yard. The foot path in the pasture or the furrow of the plow becomes a gully in a single heavy rain, and unless checked soon becomes a gulch scores of feet in width.

By accenting the height of the ridges the loess also adds to the scenery of the county. Our area lies in a part of east central Iowa where the stony clays deposited by ancient glaciers accumulated in long ridges and belts of upland rising many feet above the intervening undulating plains. Because of the alternation of ridge and lowland no part of the state except the valley of the Upper Mississippi has so beautiful and wide and varied prospects. Over more or less of their course the rivers of the county have cut their channels lengthwise in the ridges, thus giving rise to the bold scenery of the Wapsipinicon above Central City, and of the Cedar near Mount Vernon. Some of these picturesque reaches of river and cliff and forest slope should surely be converted into county parks in the near future and preserved for the gratification of all coming generations. Unless this is done we may expect that the forests will be cut down and the hill slopes gashed with countless gullies; while the lichened rocks of the river cliffs fringed with fern and tamarisk will give place to unsightly quarries.

While Linn county was sheeted with glacier ice, no life of any sort was possible within its limits. But during the long interglacial epochs which intervened between the ice invasions, forests grew and animals now extinct roamed over our hills and plains. Among these early inhabitants may be mentioned extinct horses and the giant proboscidians, the mammoth, and the mastodon. These returned to the area after the final retreat of the ice and their remains are found in the peat bogs and river gravels. In the earliest of the interglacial epochs it is quite probable that some of the gigantic groundsloths of South America made their home here, since they are known to have done so in the western counties of the state. No traces of man have been found in the glacial deposits of Iowa, nor have any indubitable evidences of his presence in glacial times been found in North America. Sometime, we know not when, roving tribes of Indians set foot within our area, and geology gives place to archeology. And when the white man appeared, inductive history ends and there begins the history of tradition and written records.

CHAPTER VI

Beginnings in Linn County

The Black Hawk war, though confined to the state of Illinois, made an epoch in the history of Iowa. It was the last of the many Indian wars, and was concluded by a cession of much of the valuable lands of Iowa to the government. Reports of the war had stirred up more or less enthusiasm as to the future of the west, and settlers began to come soon after the war had ended. Many of the officers, and others who had taken part in the war, became the government agents and officials in various capacities in Illinois, Wisconsin, and Iowa. The government also, through its representatives in congress, planned great things for the west in opening canals and roads, while rivers were made navigable and steamship traffic opened up.

One must not be led to believe that Iowa was the only part of the west which grew so rapidly. The growth was general, it is true, but Iowa seems to have grown more rapidly than any other of the territories between 1836 and 1846.

Illinois was admitted as a state in 1818; Missouri three years later; next came Iowa in 1846, while Wisconsin, which had been explored in 1639, was not admitted to statehood till 1848; and Minnesota, settled as early as 1680, and having a fort built in 1820, was not admitted to statehood till 1858. Thus, it would appear, that Iowa remained a territory for a shorter period of time than any other of the western states located in the Mississippi valley, but, of course, there is reason for this. It was a prairie state, in the first instance, and on the east was bounded by a great waterway and by a state teeming with an aggressive population, many of whose people soon crossed the borderland even before the government had made proper surveys and thrown the land open to settlement.

Henry Dodge was appointed governor of the new Territory of Wisconsin in 1836, Iowa at that time being a part of Wisconsin. With the exception of a few settlements of white people along Lake Michigan and in the mining region around Dubuque there were few, if any, white settlers. Governor Dodge's work was largely with the Indians, in making contracts and ceding lands to the government. Settlers were coming in constantly and a demand for a survey of the lands was made from time to time. Survey of the public lands in Iowa was begun in the fall of 1836. Great preparations for the land sales were made. These were to take place in Dubuque and Burlington in November, 1838. The settlers who had arrived on these lands for some time prior to its survey arranged among themselves to select an arbitration association, each township making a register of all claims, and choosing one representative to attend the land sales, giving him authority to bid off the lands selected by each claimant.

A. C. Dodge was appointed the first registrar of the land office at Burlington, and George W. Jones the first surveyor-general of Iowa. One of the surveyors-general in the early '40s was no other than Judge James Wilson, of Keene, New Hampshire, a son of a Revolutionary soldier, and himself a lawyer of more than ordinary ability, a judge, and at one time a member of congress. He was appointed by General Harrison, an old friend.

At the first convention which met at Burlington in November, 1837, for the purpose of organizing a separate territory of Iowa, were the following delegates from Dubuque county, which, at that time, included a part of what later became Linn county: P. H. Engle, J. I. Fales, G. W. Harris, W. A. Warren, W. B. Watts, A. F. Russell, W. H. Patton, J. W. Parker, J. D. Bell and J. H. Rose. The convention in its petition to congress asserted that there were 25,000 people in that portion of Wisconsin Territory known as "The Iowa District;" that houses had been erected; that farms were cultivated, and still people could not obtain title to their lands, and asking that the part west of the river be set aside as a separate territory. This was one of the most important conventions held on what became Iowa soil, and congress at once took action to make such provisions as were thought wise and expedient.

Linn county was established by an act of the legislature of the Territory of Wisconsin approved on December 21, 1837. The county was regular in shape, but four townships larger than its neighbors on the north and east, which were created at the same time. The boundaries received at this time have not been altered. The spelling of the name was Lynn, although it was spelled in the body of the act itself Linn; it took its name from Dr. Louis F. Linn, United States senator from Missouri, who was appointed to that office in 1833 and who was a friend and admirer of President Jackson, and much interested in the development of the west.

The eastern part of Linn county, perhaps one-third, had been part of the original county of Dubuque since 1834, the boundary line running from the southeast corner of the county in a northwesterly line a little to the west of the middle in the northern part of the county. Linn county then embraces within its limits two Indian land cessions. The eastern part was acquired from the Sac and Fox Indians by the treaty of September 21, 1832, known as the Black Hawk Purchase; the western part, or the other two-thirds, was acquired by treaty of October 21, 1837. The fourteen counties created by an act sub-dividing Dubuque county into new counties, which was approved October 21, 1837, were as follows: Dubuque, Clayton, Jackson, Benton, Linn, Jones, Clinton, Johnson, Scott, Delaware, Buchanan, Cedar, Fayette, and Keokuk. While most of these counties were established outright the wording of the act relating to Dubuque county implies that it was looked upon as the former county reduced in size, which was not correct, as this land from which these counties were laid out also included much of the Sac and Fox cession made after Dubuque county had been formed and laid out, and which county had not been ceded to the United States government.

These boundary lines were reduced in size later; however the boundaries of Dubuque, Delaware, Jackson, Jones, Linn, Clinton, Cedar, and Scott have remained as they were laid out at the time. The Territory of Iowa was created by an act of congress approved June 12, 1838.

Among the bills passed by the first legislature, which met during the winter of 1838 and 1839, was the following: "An Act to Organize the County of Linn, and establish the Seat of Justice thereof.

Two of the Commissioners named in the act, Richard Knott and Benjamin Nye, accepted the trust, meeting at the house of William Abbe, two and one-half miles west of what is now Mount Vernon.

The Commissioners located the county seat in the middle of the county and named it "Marion," in honor of one of the Revolutionary generals. The Commissioners reported to the governor of the territory the completion of their work, and Governor Robert Lucas proclaimed the county of Linn duly established.

For election purposes Linn county was attached to Cedar, Johnson, and Jones, the first polling precinct being located at Westport, which had been laid out by Israel Mitchell with the expectation that this would be the county seat, Mr. Mitchell believing that the county seat should be located on the river, and that that location would be near enough the center for all practical purposes.

In October, 1838, the entire county composed one precinct, and thirty-two ballots were cast for candidates for the legislature. Charles Whittlesey was chosen for the senate and Robert G. Roberts for the house. The first county election was held in August, 1839, when three commissioners were selected at Westport—L. M. Strong, Peter McRoberts, and Samuel C. Stewart. This body had the same powers as was later conferred upon the county supervisors. This commission first sat as a body officially September 9, 1839, in the log house of James W. Willis. Hosea W. Gray was sheriff and acted as clerk of the court until a clerk was duly appointed.

The minutes state:

At this session W. H. Smith and Andrew J. McKean were appointed constables for the county. Jonas Martin was appointed road supervisor, his district embracing all the land east of Marion and west of Big creek and east on the Marion and Davenport roads crossing Big creek. "It was also authorized that as Linn County had no safe place for the keeping of criminals that Sheriff Gray contract with the Sheriff of Muscatine County for the keeping of one Samuel Clews, and that the Sheriff borrow funds to pay for the support and keeping of said Clews while in confinement."

It seems that the board met monthly and the county was divided into three voting precincts as follows: One at William Abbe's, known as Sugar Grove Precinct, with the following judges: William Abbe, John Cole, and John McAfferty; one at Marion, with James W. Bassett, Henry Thompson, and Rufus H. Lucore, judges; one at Michael Greene's, with Michael Greene, James Cummings, and Bartimeas McGonigle, judges.

At this time Ross McCloud was appointed county surveyor and was ordered to make the survey of the county seat and report, which he did, and also to lay out additions, which was done. A county jail was also ordered erected in January, 1840, and the contract for the building of the same was let to William Abbe and Asher Edgerton for the sum of $635.00; the first money raised by sale of lots in Marion was applied on the contract for the erection of the jail.

THE FIRST SURVEY

The first survey was made in 1838, being all of Jones county and townships 84, 85, and 86 north, in range 5, west, in Linn county. This was made public in the newspapers and many settlers came in, taking the best lands that had been surveyed and squatting on the other land which they knew would soon be open for settlement. Linn Grove was an ideal place, and here in an early day a large number settled. The sale of lands in the county was advertised to take place in January, 1840. On account of the difficulties of transportation, the settlers petitioned to have the same postponed until the summer of that year, which petition was granted. George Greene, who had been a school teacher near Ivanhoe and even at that time was a man of no ordinary ability, was asked to see what could be done in changing the place from Dubuque to Marion. Mr. Greene volunteered to go to Washington and lay the matter before congress, or the men in charge of the land department. After some time he succeeded in his mission and won the grateful respect of his fellow pioneers, saving them a great deal of money. Thus, for a time, Marion was a United States land office, and the people of Linn county who had little money to spend could claim their lands without much trouble.

THE FIRST COURT HOUSE IN THE COUNTY

The first court house built in the county was a log structure for the use of the pioneers. This structure was erected during the years 1840 and 1841. As there was no money in the county treasury and as the court house was needed, the settlers donated their labor. They cut the logs, hauled them to Marion, and constructed the building, the roof being of shakes and the floor of puncheons. Among those who helped erect this first seat of justice were James and John Hunter, the Stambaugh brothers, James and Elias Doty, and others. The first case, it is said, tried in this court house was one brought against James Doty for jumping a claim on the west side of the river, adjoining the claim of Robert Ellis, the question being whether or not a man erecting a bark building and claiming the land had complied with the law. The jury was impaneled and a trial had which lasted for some time. When the case went to the jury the judge and all vacated so that the jury could use the small room in arriving at a decision. The jury was out the afternoon and all night, and at ten o'clock the next morning they reported that they were unable to agree. During all this time they had had nothing to eat, and the water they had to drink was very poor. Upon this jury sat James Hunter, one of the first settlers of the county, who was the only stubborn one to hold out in favor of Doty. He used to tell later that he felt that he could never look James Doty in the face if he should consent to such a verdict as the other eleven had framed up against him. The case was tried at a subsequent term when the jury decided in favor of Doty, to the effect that while he was later than the claimant in making his claim he was a bona fide settler with the intention of becoming a permanent settler.

The next court house built in Marion was a frame structure still standing just west of the present brick building, and now used as a hotel. The present brick court house was erected by George W. Gray, the brick superstructure being built by Peter D. Harman, of Bertram, father of Warren Harman, of Cedar Rapids. Much of the carpenter work was done by that old pioneer, recently deceased, William Patterson, father of W. D. Patterson, of Cedar Rapids.

The first jail was erected in January, 1840, the contract for the building being awarded to William Abbe and Asher Edgerton for $635.00. The building was finished by May 1st of the same year. The first moneys raised by sale of lands were applied on this contract.

At the July session, 1849, the county was divided into three districts as follows: the townships of Washington and Fayette composed District No. 1; Franklin and Brown composed District No. 2; and Marion and Putnam District No. 3. At the July session, 1840, the board of commissioners began to discuss the question of township organizations. A vote of the county was ordered at the next election to determine the voice of the people; the election took place in August of that year and resulted in favor of the proposition.

Lists of townships are as follows: Marion, Franklin, Washington, Fayette, Putnam, and Brown established in 1841; Linn and Rapids, 1843; Otter Creek, 1844; Buffalo and Maine, 1848; Monroe, 1849; Spring Grove, 1853; Clinton, 1854; Jackson, 1855; College, Bertram, Boulder, and Fairfax, 1858; Grant, 1872; and Cedar, 1906.

THE JUDICIARY

The first records of the district court held in Linn county are dated Monday, October 26, 1840, Iowa Territory, Linn county. Pursuant to an act of the legislature of the territory, approved July, 1840, the district court of the United States and also for the Territory of Iowa met at Marion in said county on Monday, October 26, 1840. Present: The Hon. Jos. D. Williams, judge of the second judicial district for the territory; W. G. Woodward, district attorney of the United States for the district of Iowa; R. P. Lowe, prosecuting attorney for the second judicial district; H. W. Gray, sheriff of the county of Linn; S. H. Tryon, clerk of the district court; Lawrence Maloney for the marshal of the territory.

The following grand jurors were among the best known settlers: Aaron Usher, Samuel Ross, James Leverich, D. W. King, Israel Mitchell, W. H. Chambers, William Donahoo, Dan Curtis, W. T. Gilberts, G. A. Patterson, Isaac Butler, John Goudy, J. A. Gibson, Joe Barnett, Asher Edgerton, William Chambers, O. L. Bolling, Dan J. Doty, and Joseph Warford. As bailiff of the grand jury served Perry Oxley, one of the best known settlers.

The petit jurors were: D. A. Woodbridge, Isaac Carroll, G. W. Gray, B. McGonegal, John McCloud, Thomas Goudy, J. W. Willis, John Long, J. W. Margrove, Ira Simmons, John Crow, Joe Carroway, Steve Osborn, H. B. Mason, O. R. Gregory, John Nation, Thomas Maxwell, and George Yiesly.

One of the early cases of record is that of A. Moriarty vs. N. G. Niece. One of the early jury trials was that of H. C. Dill vs. John Barnett: one of the first criminal cases was that of Territory vs. W. K. Farnsworth, indicted for starting a prairie fire; the jury returned a verdict of "not guilty."

The probate docket is a very small volume but is filled with entries of much historical interest concerning the old citizens of the territory. Among a number of entries can be found the following: In the estate of A. Coles, claim filed and allowed November 8, 1842; in the estate of Thomas Gray, claims allowed in 1844; in the estate of J. Barnett, claims allowed in 1843 in favor of Israel Mitchell in the amount of $4.50; in the estate of John Crow, claims allowed 1842, as well as against the estate of Elias Doty, administered upon in 1843 by M. J. Doty and Jos. Crain, administrators. The estate of A. L. Ely takes up a number of pages.

The first default case seems to be listed for the October term, 1840, that of James D. Stockton vs. Stephen Osborn, et al, the claim being assigned by John O. Gray to plaintiff. The next case was that of Thomas W. Campbell and Perry Oxley vs. John Barnett, which was a transcript from J. G. Cole, a justice of the peace. R. P. Lowe acted as district attorney, while Isaac Butler was foreman of the grand jury.

The first entry made by a native of a foreign country to become a citizen of the United States was made by Peter Garron, stating that he was then a resident of Linn county and that he was formerly a subject of Scotland of the United Kingdom of England and Ireland, and that it was his intention to renounce allegiance to Queen Victoria and become a faithful citizen of the United States.

The first divorce action was brought by Dyer Usher against Mary Usher at the October term, 1842, but it seems that the notice of publication was not served as ordered and no decree was granted.

The first decree of divorce granted was that on the petition of Mrs. Parthena C. Hewitt vs. Abraham Hewitt, rendered at the March term, 1844.

CIRCUIT COURT

Pursuant to an act of the legislature of Iowa, approved April 3, 1868, the county of Linn became part of the second circuit of the eighth judicial district, the circuit consisting of Cedar, Linn, and Jones counties, Hon. S. Yates, of Cedar, being elected judge.

The first term was held at Marion January, 1869, when W. G. Thompson appeared as prosecuting attorney and A. J. McKean as clerk.

The legislature in a few years changed the boundaries of this circuit, making it composed of Cedar, Linn, Johnson, Jones, Iowa, Tama, and Benton counties. It was known as the eighth district of the circuit and district courts. John McKean was judge of the circuit court and John Shane, of Vinton, judge of the district court.

By an act of the legislature the circuit court was abolished and Linn county was incorporated into a district composed of Linn, Cedar, and Jones counties with three judges.

NOTED AND EXCITING TRIALS

Linn county has had its share of noted trials, and many are the pages which may be gleaned from its musty records to show how treachery, cowardice, and selfishness have here, as in many other places, played their parts. It is not best to uncover many of these pages, as it would perhaps add nothing to the general information or be of any value except as historical relics of a former age.

One of the first murder cases in the county, at least as far as known, was that of Nathan Carnagy who was brutally assaulted by James Reed in Marion in 1847. Reed had been drinking heavily and got into a quarrel with Carnagy about some old trouble. Reed was arrested, tried before a jury, and acquitted.

Another case was that of the killing of Pat O'Connell by Samuel Butler in 1865, the affair growing out of a dispute over some property interests. The parties met on a public highway, a quarrel ensued with disastrous results. The jury in this case also returned a verdict of "not guilty."

John Akers was murdered in a saloon in Cedar Rapids in 1864 by one Decklots; the jury returned a verdict of "guilty." This sad affair was due to liquor, both parties being more or less under its influence at the time the quarrel began.

There are a number of murder cases of an appalling nature on record; sometimes a conviction and sometimes an acquittal resulted.

On the civil side of the calendar can be found many cases attracting attention, sometimes on account of the charges made, at other times on account of the large amounts of money involved. In this forum magnificent addresses were heard, and no lawyer practicing at the Linn county bar was ever a miser of his eccentricities, whatever they might have been. Most of them had the thread of the attorney in their nature and took to oratory like a duck to water, and most of them in these early pioneer days went in to win the jury at all hazards, possessing the power to stir the heart and to make their personality felt.

THE ERA OF THE OUTLAW

Along the American frontier were always found the outlaws; sometimes they outnumbered the honest settler and sometimes not, depending more or less upon conditions. Outlaws preferred to hover on the frontier where courts of justice were unknown and where the sons of toil, busy with making a living, had no time to defend themselves against outlawry. Some of these outlaws had committed theft and robbery and were living upon this borderland of civilization, knowing that it would be perfectly safe under assumed names. Others came here for the special purpose, knowing it was easier to make a living by theft than by honest toil. Thus, the Linn county frontier at an early date was infested with this class of people, and for a number of years the rights of the people had to be protected by associations organized for this purpose, and made up of the best class in the community, until such a time as law and order could be enforced by decrees of court and by penitentiary sentences.

When the first white settler came into the Red Cedar valley there were only two counties fully organized west of the Mississippi, with the exception of the state of Missouri. These counties were Dubuque and Des Moines. They extended from a flag station at Fort Armstrong back into the country forty miles, and from the Missouri line to a line running westward from Prairie du Chien in Wisconsin. It was a large tract of country, and offered secure hiding places for law violators. In this wild country, along rivers where the timber was thick, hiding places for the outlaw were offered, and when settlers did come in the outlaw did not like to remove, and, consequently tormented the actual settler and frequently took by stealth or force such personal property as he wanted.

In the early day the country bordering on the Cedar river was flooded with counterfeiters, and it is stated that this counterfeit money was so well made that it was difficult to tell which was the good money and which the bad and, in fact, at times it seems that the good money was a scarce article. No one was able to tell where this counterfeit money came from, but it is supposed very little, if any, was made here but that it was imported from other places and distributed by "healers" on a percentage basis. While a cry was raised against counterfeit money, only the government could handle such cases and very little was done to start proceedings. Now and then the government attorney would bring a case or two, but as a rule the defendants were generally released by a jury, many of whom were friends of the parties accused.

It was not until horse stealing became prevalent that the people arose in arms against the outlaw and formed associations called "anti-horse thief" associations. It was a difficult thing at first to prosecute, as the gang was well organized and had a perfect system of stations, agents, signs, and signals. The members of these gangs which infested Cedar, Jones, and Linn counties in the early days dressed better than the honest farmer, were more charitable, and in the day time, at least, were looked upon as the most respectable persons in the community. They were shrewd and cunning in their business transactions, and hedged themselves in such a way as to escape detection and exposure for a long time. These "free booters" and plunderers would move from county to county and from community to community if things got a little hot and they feared exposure. In counties where they were in the majority they would intimidate and scare the actual settlers, even if these knew positively that depredations had been made. And frequently the honest settler who attacked and complained was forced to leave the country instead of the outlaw who had many friends who came to his rescue. Many a man who was known to make a complaint before a grand jury, to a prosecuting attorney, or judge would be trailed by a company of outlaws, threatening letters would be written against himself and members of his family, that his buildings would be destroyed by fire if he persisted in bringing suits or attempted to file an information of any kind against any members of the band.

A few of these men who were at least accused of being members of these various gangs of counterfeiters, horse thieves and other desperadoes may be mentioned.

Perhaps the most noted ones were the members of the Brodie gang, composed of John Brodie, and his four sons—John, Jr., Stephen, William, and Hugh—who came into Linn county in 1839 and were among the first settlers in this county. They were natives of Ohio. Some had lived in Michigan for a time, and before coming here had commenced their career of villainy. On account of some misdemeanor they were driven from Clear Ford on the Mohican river in what is now Ashland county, Ohio, in 1830 or 1831, and sought refuge for a time in Steuben county, Indiana. Here they remained for a couple of years when they became so notorious as to arouse the country against them, and they fled westward in about 1835 and found their way into what was known as the Rock river country, or Brodie's Grove, Dement township, Ogle county, Illinois. In this part of Illinois at this time the country was completely under the control of outlaws and desperadoes, and here the Brodies found congenial companionship.

Early in 1839 the Brodies gang were driven out by an organized society called the "regulators," composed of law abiding people who insisted upon law enforcement. They then drifted westward and located in Linn county. From this time on for a number of years there was scarcely a term of court but that one or more members of this family was arraigned for trial on some criminal charge or other.

Sam Leterel, Christian Gove, James Case, also known as Jim Stoutenberg, McConlogue, Squires, McBroom, and others were members of this gang. McConlogue resided for a time at Cedar Bluffs, later removing into Johnson county where Morse is now located. Stoutenberg resided at times with McConlogue and at times with Squires. A number of others associated with the gang and lived on the borders of Linn and adjoining counties and went by various names. Where they came from no one knew and they dropped out of sight if there was any danger of arrest and conviction.

In 1839 John Goudy and his son-in-law, Thomas McElheny, and a son settled in Linn county, and it was noised abroad that the family was very wealthy. To ascertain whether or not they had money, some time in April, 1840, a man by the name of Switzer was sent to visit the Goudys under the pretense of wanting to borrow money, the real object being to ascertain whether or not the parties kept money and whether or not he could obtain a pretended loan. The loan was declined for some reason or other, but it is supposed that Switzer learned enough in his talk with the Goudy family to know that they had money and there would be a chance to make a good haul. The gang went up along the Cedar river on the west side and crossed the river about where Goudy's home was. Here McConlogue had some conversation with a person who knew him. About midnight of a day in April the door of the Goudy cabin was forced open and the inmates awoke to find themselves surrounded by five burglars who threatened their lives if they did not give up their money. Old Mr. Goudy replied that he had but little money, only $40.00, and that they could find that in his vest pocket. The vest was searched and the money found. They insisted that he had more and demanded it. The old man persisted that it was every dollar he had, or that was about the house. The leader of the gang then ordered the house to be searched and directed the occupants of the beds to cover their heads at once. In the shuffle for places Mrs. McElheny, a daughter of Goudy, recognized Switzer, who had been there to borrow the money a few days before, and also another member of the gang who was well known by the family. In the search for money a purse containing $120.00 belonging to a daughter, Hannah, was found by the burglars. In an old leather belt used by Mr. Goudy there was also a $100.00 bill which the robbers overlooked or could not find in their hurry to search the house.

They became very angry at not finding any more money, having expected to find $9,000.00 which Mr. Goudy was reported to have had in the house at the time. The robbers on leaving the house cursed every member of the family, and seemed much put out at the haul they had made. Captain Thomas H. Goudy, a married son, lived near his father's cabin. He had been a captain of militia in Ohio and his uniform was hanging upon the wall. The robbers seeing this remarked "a military officer must be a rich man," and his money was demanded, but they received nothing, and after turning over everything in the house and finding only some provisions, they left Goudy and went to the cabin of William F. Gilbert, another prominent settler in the neighborhood, who was also supposed to have considerable money. On the night in question Gilbert had stopping with him three men, the mail carrier who operated a stage between Dubuque and Iowa City, and two others. In the Gilbert house, as in the other house, the cabin consisted of only one room with several beds, and on this night Mrs. Goudy and her children occupied one bed, the strangers another bed, while Goudy and the mail carrier slept on the floor by the fire. The entrance of the robbers was so sudden that before the occupants knew what was going on they were covered with guns and clubs, and their money was demanded. Goudy rallied to defend his home, and so did the mail carrier who slept near the door. Both men were knocked down and the cheek bone on one side of the mail carrier's face was smashed completely by a blow from a club wielded by one of the robbers.

The house was thoroughly searched and the drawer of a box which was supposed to be opened by a secret spring known to no one but members of the family was forced and a $50.00 bill and some $30.00 or $40.00 in change were found and taken. While all the older members were frightened Mr. Goudy's son, during the plundering, arose in bed and recognized a neighbor—one Goodrich, who lived but a half mile distant—as one of the robbers. This neighbor had up to this time been looked upon as a respectable man. It was he who opened the drawer as quickly as though he was one of the family. The robbers secured as their share of the booty this night about $240.00. A young daughter of Mr. Goudy, who remembered well that night, was later married to Judge John Shane, of Vinton, a well known jurist and a most excellent judge.

This wholesale robbery stirred the whole country, and Captain Thomas Goudy especially, being a military man, insisted that now it was high time for the people to arouse themselves and if the officers of the law refused to do anything then the settlers would take the law into their own hands and start something going. Thomas and his father went to J. W. Tallman at Antwerp and Colonel Prior Scott at Pioneer Grove for advice and counsel, and especially to apprehend one Wallace who was implicated in this robbery. Colonel Scott went among his people and organized a "mutual protective association," the settlers hunted up their rifles and shot guns, and the organization was ready to begin work. Wallace had fled, but pursuers were on his track and he was apprehended in Illinois City in Illinois, ten miles above Muscatine, by a citizen named Coleman and turned over to Thomas Goudy and his party. Coleman's reputation in the vicinity was not the best and he had been suspected of harboring outlaws, but it was stated on account of some difficulty in the division of spoils he and Wallace had had a falling out and hence Wallace's easy capture.

A warrant was taken out for the arrest of Switzer, and when Wallace was returned Switzer was also arrested and a preliminary examination was held before John G. Cole, one of the first justices of the peace in Linn county. Both of the parties were held to bail. Their cases came on for trial at Tipton at the October term, 1841, of the district court.

James W. Tallman, a resident of Antwerp, accompanied by several neighbors, started out to arrest Switzer, a large man and an ugly one. Switzer resided near Halderman's mill. At two o'clock in the morning a posse surrounded Switzer's home. He refused to open the door and they waited till daylight before he was taken in custody. Switzer's cabin was a perfect arsenal, there being guns, pistols, and ugly knives scattered all around.

Later James Stoutenberg, also known as Jim Case, was arrested at McConlogue's as an accomplice and member of the gang. He was taken into the woods near McConlogue's and examined in the court of "Judge Lynch" in order to obtain a confession from him, and he was finally tied to a tree and severely flogged. He was never seen alive again. Some assert that he left the country, and others that members of the party carried him to the Cedar river, tied him to a stone raft and left him to his fate.

McConlogue was also arrested as being a member of the gang in the robbery, but he established an alibi. Being satisfied that he was guilty of helping to plan the robbery, the pioneer settlers, duly aroused, tried him by rules not known in the ordinary law court. He was sentenced to be hanged, but finally it was agreed that this sentence should be changed to whipping, and that each one of the citizens should give him five lashes on the bare back, and if that failed to bring a confession as to the particulars of the robbery and the extent and names of the gang, then he should be whipped the second time until he died. Blows continued to fall upon his quivering and bleeding back until he implored for mercy and promised to reveal all he knew about the robbery and the operations of the "free booters." He admitted having knowledge of the Goudy robbery and that he received as his share of the booty $25.00. He also admitted that Wallace was the leader of the gang at this time and that Switzer was another member of the gang of five men who perpetrated the robbery. The members of the association after this confession let him go, but first applied a solution of salt on his lacerated flesh, followed by an application of slippery elm bark to remind him of the ordeal he had recently passed through, and which he never forgot. At this time McConlogue was under indictment in Johnson county for assaulting a man named Brown with intent to rob him; on this charge he was tried and sent to the penitentiary.

Goodrich, a neighbor of the Gilberts, who had taken part in the robbery and who had been recognized by the latter's son, was also horse whipped and gagged at the same time but he refused to answer any questions and denied having taken part in the robbery. Soon after this he removed from the county and was never heard of afterwards.

McConlogue's admission implicated McBroom, who had been known for some time previously as one of the brightest men of the gang, and who was also supposed to be a lawyer. He was also caught and whipped nearly to death near what is known as Scott's mill, without making any confession, but with threat that if anything more was heard of any attempted robbery of any kind by any member of the gang everyone, including himself, would be swung up to the first oak tree. It is needless to say that he immediately left the country and was never heard of again.