Larimer County, Colorado - The whole text, 1911 (part 4 of 22)

Matters along the stage line from Virginia Dale west were badly demoralized that season. Virginia Dale became a place of refuge for a number of women and children who had been living at stations on the line west of that point. The depredations committed by the Indians at Cooper Creek and the Medicine Bow stations on July 5 th and these points being in such close proximity, the station at Virginia Dale was kept in a state of fear of a visit from the hostiles for weeks afterwards. William S. Taylor, who was then station keeper at the Dale kept himself advised as well as he could of the movements of the Indians and was prepared to give them a warm reception should they attempt to raid his station. One day word came down the line from the west that a strong party of Utes was on the way to raid the station and drive off the stock. His force of station tenders and their equipment not being sufficient to resist a large force of hostiles, he resorted to a stratagem which sufficed to relieve the situation. Calling his men together they constructed a rude barricade of logs and timbers at a narrow point which commanded the approach to the station. Taking down all the stove pipes in the house he mounted them on the barricade in such a manner as to make them look like formidable pieces of artillery, pointing up the road, all ready for use. The next day the savages made their appearance, but when they came in sight of that barricade and saw what they supposed were cannon pointing in their direction with men behind the guns ready to fire, they hurriedly whirled about and fled back toward the Laramie Plains in great haste. Mr. Taylor, in telling the story how he outwitted the hostiles, said he was not troubled by Indian scares after that.

When the stage line was transferred from the North Platte to the South Platte in 1862, nearly all of the tide of western emigration followed the route taken by the stage, as travelers felt greater security when under the protection afforded by the armed escort of the Overland coaches, with the result that hundreds of emigrant-trains and thousands of men, women and children came up the South Platte, and fording that stream just below the mouth of the Cache la Poudre river, following up the north side of the latter stream they pursued their course to the entrance to the mountains at Laporte. From this point they followed the stage road up past Virginia Dale and thence on northwest to the Laramie Plains.

In the month of February, 1865, Colonel W. O. Collins of the Eleventh Ohio Cavalry, in whose honor Fort Collins was named, after a sharp fight at Mud Springs on the North Platte defeated and dispersed a party of 2,000 Indians that had come down from the north to raid the stage stations along the South Platte. Colonel Collins was an experienced Indian fighter and he made excellent disposition of his small force and won a signal victory over the enemy. Two of his soldiers were killed, sixteen wounded and ten badly frost-bitten. Colonel Collins with his command, returned to Fort Laramie on February 14th. Companies B and F of Colonel Collins' Eleventh Ohio cavalry, were then stationed at Fort Collins and took no part in the battle at Mud Springs.

On March 28th, 1865, General G. W. Dodge, Commander of the Department of the Missouri, consolidated the districts of Utah, Colorado and Nebraska into one district to be known as the District of the Plains and assigned Brigadier General P. E. Connor to the command with headquarters at Denver. General Connor was a man of decided character, discreet, a splendid Indian fighter, and above all things loved the flag under which he fought. Had he been supported as he should have been and given the troops he needed, he would have given the marauding, blood thirsty Indians such a lesson as would have convinced them that it was better to remain at peace with the whites. First Lieutenant, Charles C. Hawley, Veteran battalion, First Colorado cavalry, was appointed acting ordnance officer for the South and West sub-districts of the Plains, on General Connor's staff. Lieuten-

On the 10th of June, Captain Wilson, commanding the post at Fort Collins, reported that Indians had robbed the stage station at Willow Springs, and that he had started out in pursuit with a force of twenty-five mien, but owing to a bad storm coming on he was unable to get farther west than Virginia

Marguerite Falls, Moraine Park

Dale, but that he had sent word to Sergeant Linnell, commanding the detachment at Big Laramie, to send five men to guard Willow Springs station. A few days before this a dispatch from Major Norton of Sixth U. S. volunteers, dated at Virginia Dale and addressed to General Connor, said: "The stage from the West has just arrived at this station, having made but one change of horses from Fort Halleck. All stations have been abandoned by the stage company except Big Laramie. The stock has been concentrated at that place and Halleck. I learn from the passengers that fourteen horses were stolen from the latter place on the 4th inst. Unless the stage company reoccupy their stations I shall be obliged to make a difEerent disposition of the escort for self-protection, if nothing else. There are large bodies of Indians on the road; the lowest accounts place them at from 600 to 800. I am on my way to Fort Halleck with Capt. Wilson and an escort of ten men." General Connor hastened to Fort Collins, where he found matters even in a worse condition than he supposed. Robert Spottswood, the superintendent of the stage line, had withdrawn all the stage stock east of Fort Halleck and declined to put it on again unless there was a guard of thirty men placed at each stage station. This was out of the question, so General Connor sent the mail through by wagons in charge of soldiers.

It will be seen from the foregoing account of Indian troubles that while the settlers of the Cache la Poudre Valley escaped serious inroads and losses by the Indians, they were in the danger zone and liable at any time during the period of those troubles to be raided with loss of life and property. They had numerous scares and a few horses were stolen by the redskins, but we are unable to learn that any settlers in the valley lost their lives at the hands of the Indians. The Platte valley near Greeley did not get off so well. On the 24th of August, 1868, a small band of Indians stampeded the herd of John Brush, driving off all the horses, twenty-four in number, and killing four head of cattle. Some of them dashed upon William Brush and two of his men, killing all three. Each was shot three times, and in addition tomahawked and scalped. Horses were stolen from other residents in that vicinity. About dusk on the 27th, a party of sixty-four citizens, under the lead of D. B. Baily, started in pursuit of the marauders, coming up with them at sunrise on the morning of the 28th, within ten miles of a small settlement on the Platte called Latham. The Indians discovered their pursuers, hastily mounted and began circling around them after their usual form of attack, but were soon driven off, retreating towards the Kiowa. William and John Brush were brothers of Hon. J. L. Brush of Greeley, who is a member of the present State Board of Agriculture.

Agriculture by irrigation is comparatively a new feature in American farming. Unknown to the early Plains travelers, they all united in declaring the great arid region west of the Missouri a desert which could never become the home of civilized man, says a recent writer. But among those who became the first settlers of Colorado there were many who knew of irrigation in New Mexico, where for over 200 years it had been practiced by the Spaniards, and in California, where it had been adopted from Mexico, and in Utah, where it was being successfully inaugurated by the Mormons. Thej' believed that irrigated crops could be grown in Colorado. The first attempts were made in a small way along Clear creek, the Platte river, and Boulder creek, mostly with vegetable gardens and small grains. The fact was established that the soil was fertile, and would produce with abundance. The first ditches were small affairs and constructed in an inexpensive manner. They covered the first bottom land only. They were built and owned by companies of farmers, each one of which had land under the ditch. At this time the idea prevailed that the uplands could not be farmed. Down as late as 1874, probably, a majority of the farmers of the state held this notion, and as a consequence the agriculture of the state was confined to the valleys proper. But it was at last discovered that the soil of the bluffs and of the second and third bottoms was as rich and productive as that of the lower land, and farming began to push out from the immediate vicinity of the streams. This new departure involved a change in the manner and methods of building ditches; and at this point the big canal corporations came into existence. It was the construction of these great irrigating canals in Northern Colorado, in the San Luis valley, and in the valleys of the Arkansas and Grand, that brought thousands of acres of land under water and opened it to settlement and cultivation. This gave rise to the sale of what are known as water rights. It was argued that the construction of an irrigating ditch increased the value of all land to which it could furnish water, and hence the land owner was in equity bound to pay at least a portion of this appreciation to the canal company. Many of these irrigation companies have been land companies as well - buying the land in large tracts, constructing the canal, and then selling the land with water rights attached. It is undoubtedly true that the highest interest of farmers is in the ownership of their own canals ; but it is also a fact that the great canals, which have required millions of capital to construct would never have been built if the sale of water rights had not have been permitted.

According to the State Engineer's reports, there are, in round numbers, 15,000 miles of main irrigating canals in the state. Their cost may be approximately estimated at $50,000,000, but considering the value of their franchise in accordance with the decrees of the Courts, it may safely be asserted that the irrigating canals of the State represent at least $100,000,000.

The ultimate extension of the irrigated area of the state eastward toward the Kansas and Nebraska border is not to be doubted. With the development of the reservoir system to its extreme limits, their extension will be hastened. Another fact which assures an enlargement of the irrigated area is the return of water by seepage to the streams. Notwithstanding the large appropriations made from the Platte and its tributaries, the volume of water as measured 150 miles from the mountains is substantially the same as at the canon. How is this accounted for? The great basin of the Platte has been irrigated for forty-five years. It has become thoroughly saturated with water - a vast underground reservoir, as it were, from which the river is fed. Thus the water which is used on the farms, say at Fort Collins, finds it way back by seepage into the river and is used again at Greeley. This same fact will also be demonstrated in the San Luis valley, and in the Arkansas valley, in the course of time, as neither of these sections have been irrigated as long as the district of Northern Colorado.

One other consideration is worthy of note. The relations between forestry and irrigation are very intimate. Thirty-five years ago the streams were at a flood during most of the irrigating months Now they run low in July at least. The mountain forests which protected the snow banks have been depleted; these snow banks which formerly melted gradually and did not disappear until August, are now gone by the first of July. Hence the more sudden floods in the springtime, and the lower stages of water in July, August and the autumn months. It is not the irrigation ditches of Colorado that causes the Platte to run dry in Nebraska, the Arkansas in Kansas, and the Rio Grande in Mexico ; it is rather the destruction of the forests which deprived the sources of supply of their natural protection, and thus permanently changed the character of our mountain streams. No one act of the federal government is more largely in the interest of agriculture and irrigation than the establishment of forest reservations about the sources of the great rivers which flow from the mountains out on to the Plains.

While it is probably a fact that in most sections of the state the water limit has been reached, the following consideration will permit a gradual, but certain enlargement of the irrigated area. The further building and establishment of reservoirs, by which the water that now flows to waste during the flood season in the spring and early summer will be stored for use during the irrigating season ; the continued use of water by which the land will become thoroughly saturated, the seepage increased, and less water will be required to grow a crop than is used at present; and the more careful protection of mountain forests about the headwaters of the streams, by which a larger and more uniform volume of water will be assured during the crop growing months.

The names of the more important ditches built and in operation in Larimer county, with date of priority, quantity of water appropriated, dates of enlargements and much other matter pertaining to irrigation will be found under the caption "Irrigation and Agriculture," immediately following these remarks :

The agricultural interests of Colorado, which, until about thirty years ago, were overshadowed by mining, stock growing and other interests, are now commanding the attention they deserve. Farming is now the leading industry of the state and the value of the products of the farm exceeds those of all the other industries. Agriculture is the founda- tion upon which the superstructure of all other interests rests. It forms the very basis of society and gives it that stability which is the keystone of prosperity. Without agriculture as one of the principal industries of the commonwealth, its population must necessarily be fluctuating and unstable. In the early days the pioneers of Colorado paid but little, if any, attention to this pursuit. Gold was the talisman that drew them across the plains to the Rocky Mountains, and while they delved among the rocks for the precious metal, the fertile soil along the water courses was left untouched by the plow, the hoe and the spade. Great caravans of wagon trains were employed to transfer to them from the Missouri river the necessary amount of flour, bacon and produce to enable them to prosecute their search for the hidden treasures of the mountains. The difficulty and uncertainty of obtaining supplies of fruit and vegetables by this method and the high prices they commanded, led to experiments in their production here, and the results were so marvelous as to yield and quality that the cultivation of the soil was extended, laying the foundation of our present agricultural prosperity. The pioneer farmer had much to contend against. The climate was an untried one, and, though he might plant in the spring, he was not sure of a harvest. There was so little moisture in the air that irrigation was necessary, and of this science they were ignorant. For several years in the early 70's the grasshoppers harvested their crops and the forces of Nature seemed to be arrayed against them. Now the climate is understood, irrigation is practiced intelligently, and the appliances for overcoming the ravages of the pests that prey upon the farmer's fields and orchards have made the tillers of the soil masters of the situation. Owing to the scarcity of water only a limited area of land, comparatively speaking, can be cultivated, unless - as now seems probable - the system of dry land farming recently inaugrated in the arid regions proves a success. There are millions of acres of fertile lands in the state that can only be utilized for the production of crops through that system, for the water supply is insufficient to irrigate them. Experience teaches us, however, that no matter to what state of perfection the system of dry farming may be brought, there will now and then occur crop failures on the unirrigated lands, therefore irrigation is Colorado agriculture's main dependence. The writer has lived in the Cache la Poudre valley where agriculture is almost the sole industry, for more than thirty years, and has never yet in all that period of time known a total crop failure. There have been years in the early part of that period, before the irrigation systems of the valley had been brought to their present state of perfection, when the water supply - owing to a light snowfall in the mountains - ^was insufficient to irrigate the lands under ditches having junior appropriations, and, as a consequence, the crops failed to m.ature on those lands for the want of moisture. But this has never occurred on lands

During recent years the irrigation systems of Larimer county have been brought to a very high state of perfection, through the conservation of flood waters in storage basins and through more economical methods of distribution, so that at the present time there is little or no danger of a crop failure because of the lack of moisture. The reservoir capacity of the county is now about ten billion cubic feet and contains water enough to cover 230,000 acres of land to the depth of one foot, and this water is used to supplement the supply flowing in the streams. In this way, practically all the land in the county that can be watered from the ditches is given the moisture needed to mature the crop. The reservoirs are filled during the fall, winter and early spring when the water is not needed for direct irrigation, and from the flood waters that pour down the streams in May and June. The stored water is held until needed for irrigating late crops, such as potatoes, sugar beets and the last cutting of alfalfa.

Larimer .county is the banner agricultural county in the state, and the value of its farm products is exceeded by no other county in Colorado.

The first settlers of the Cache la Poudre valley early realized that successful agriculture in this region depended upon the application of water to the land by artificial means. Hence we see them either as individuals or as a group of neighbors banded together and uniting their forces in the construction of small irrigating ditches with a water capacity sufficient to irrigate their gardens, grain fields and meadows. Later on, as the country became more thickly settled and the demand for irrigating facilities greater, companies were formed and incorporated to build larger and larger ditches to carry water out on to the table lands, which were found to be better for all kinds of farming purposes than the river bottom lands.

The first irrigating ditch taking its water from the Cache la Poudre river was built in 1860 by G. R. Sanderson and used by him to water a farm now owned by Mrs. J. H. Yeager of Pleasant valley. The headgate of this ditch is near where the bridge crosses the river above Bellvue, and its priority is dated June 1st, 1860. In 1863 Mr. Sanderson sold his squatter's right to the land he occupied to Joshua H. Yeager and the ditch was afterwards known as Yeager ditch. The capacity of the ditch was established in 1882 at 24.80 cubic feet of water per second of time and given first priority. The ditch was enlarged in 1863 after Mr. Yeager bought the land, increasing the capacity to 33.50 feet per second of time. It may also be stated here that the Yeager ditch was the second irrigating ditch built in all that part of Colorado lying north of the Arkansas river, the first one having been taken out of the Platte near Denver a few weeks before the date of the building of the San- derson or Yeager ditch. The following table shows the date of construction, date of appropriation and order of priority of all the irrigating ditches and canals in Larimer County, taking water from the Cache la Poudre river and its tributaries: priorities established by the court in 1882-3. Since then one large and several small ditches have tapped the Cache la Poudre river and its tributaries. In the above table the ditches taken out of the river to water Weld county land are not included. At its highest stage the river carries about 7,000 cubic feet of water per second and about 150 cubic feet at its lowest stage. The lowest stages occur in the winter time when the water is not needed for irriga- tion, and the water is then run into storage reservoirs. In the foregoing table it will be seen that the figures in priority show the order in which the ditches are allowed to take water from the river. For instance: The Yeager ditch, the first constructed, can take practically 35 cubic feet of water in advance of all other ditches, but its appropriation for its first enlargement, which was made three years later and numbered "8" cannot be used until all the other ditches and enlargements made during the three years' interval have been supplied. The system of water distribution under the Constitution and Laws of the state is an elaborate one, designed to provide for the beneficial use of water and to protect ditch owners and the users of water for irrigation in their respective rights.

In Coutant's History of Wyoming reference is made to Joseph A. Slade, a notorious character, who when drunk, for about two years terrorized the people along the Overland route from Laporte westward, in the following terms :

"Before closing the events of 1863, it will be necessary to introduce a notorious character in these pages. It was a recognized fact in the Overland days that all the officers and agents connected with the Overland stage were men of the highest character with a single exception, and this individual was Joseph Slade. He was division superintendent, first with headquarters at Fort Laramie, and later established Virginia Dale, naming the place in honor of his wife. The incidents connected with this man Slade, I have drawn from numerous and what I consider reliable sources.

"Hugo Koch, who now resides in Fremont county, Wyoming, tells me that he came west in the fall of 1858 and that at Atchison he joined a bull train which was in charge of Slade, who the followyear became superintendent of a division of the Overland stage company in Wyoming. This, then, is the introduction of that notorious character into this country. Koch describes Slade as not far from thirty years old at that time, though he must have been older, as he was a volunteer in the Mexican war. He was rather under the medium size, dark complexion, firm set features and determined look. Slade was accompanied by his wife, who was rather good looking and about the same age as her husband ; weight about 160 pounds. Mrs. Slade was not altogether a lovely character, often interfering in her husband's business, and many of the difficulties he had with people originated with her. I have on the same authority something of Slade's early life. He was born in Southern Illinois and at the age of thirteen displayed an ungovernable temper and killed a man by striking him with a stone. This man had interfered with some boys with whom young Slade was playing. The father of the lad succeeded in getting him out of the country and sending him to Texas, where he grew to manhood and was married. His wife always possessed great influence over him, even when he was drunk. Soon after arriving in Wyoming he killed a man named Andrew Farrar. The two were drinking together at some point east of Green river and got into an animated conversation during which something was said about shooting. Slade remarking that no man must dare him to shoot ; Farrar, who was fast reaching a maudlin condition remarked, 'I dare you to shoot me.' Instantly Slade drew his revolver and fired, inflicting a dangerous wound on the person of Farrar. Horrified at what he had done, he expressed the greatest sorrow to the wounded man and those around him and instantly dispatched a messenger on a fast horse to Fort Bridger to secure a surgeon. The doctor came promptly, but his services were without avail, and Farrar died. As superintendent for the stage company, Slade had many adventures. He conducted business in a manner satisfactory to the stage company and was noted for his promptness in all transactions relating to the passenger and express business. I find many old timers who were acquainted with Slade while he was in charge of a division of the Overland stage. All agree that he was a good man for the very difficult positions he held, but that he was a dangerous character when under the influence of liquor. He had trouble with many people, and among others Jules Reni, a French Canadian, who had a ranch on the South Platte where Julesburg is located at the present time, this town being named after this Canadian. Reni and Slade often met and as often had misunderstandings. Finally they had a quarrel and Reni fired with a shotgun thirteen buckshot into Slade's person. Reni appeared well satisfied and said to some person standing near, 'When he is dead, you can put him in one of those dry goods boxes and bury him.' This remark was heard by Slade, and with an oath he replied, 'I shall live long enough to wear one of your ears on my watch guard. You needn't trouble yourself about my burial.' While the shooting excitement was still on, the Overland stage came along, and it chanced that the superintendent of the road was aboard.

This officer ordered the arrest of the would-be murderer, and those present took him into custody and proceeded to hang him. After he had been strangled until he was black in the face, he was allowed to go, on promising to leave the country, which he did for the time. Slade suffered from his wounds for several weeks and finally made a journey to St. Louis to procure surgical assistance. Seven of the buckshots were cut out and the balance remained in his person to remind him of vengeance. When he returned to the road he took occasion to send word to his antagonist that he was determined to kill him on sight, but he would not go out of his way to meet him. Reni, or Jules as he was always called, received Slade's message and at once returned to the division of the Overland where Slade was employed and on his way told several persons that he was a going to kill Slade. The latter was at Pacific Springs and heard of the threat, and he at once started for Julesburg. When he arrived at Fort Laramie he visited the officers and laid the subject before them and promised to take their advice. The officers understood all about the threats of both parties and frankly told Slade that in their judgment, Jules would kill him unless prompt measures were taken, and that he would have no peace on his division unless Jules was captured and killed. Slade now dispatched forces to Bordeaux's ranch, where he learned Jules had spent the night before. The instructions given the men were to make Jules a prisoner, securely tie him and await arrival of Slade, who was to follow on the next east bound coach. The men sent after Jules did not find him at Bordeaux's, so they went on to Chansau's ranch, the next station, where they found their man. They captured him without opposition, securely bound his hands and feet and placed him in the corral in the rear of the station. Slade came in the next coach, as agreed, and was rejoiced to find his enemy a captive. He went at once to the corral and on first sight leveled a pistol and fired. The ball struck Jules in the mouth but did not kill him ; a second shot passed through his head and produced instant death. Slade then returned to Fort Laramie and went through the farce of giving himself up to justice and demanded an investigation. The commander, of course discharged him, inasmuch as he had advised the killing. The story of this shooting has been told in many ways? I have met persons who claimed that Slade ordered Jules placed in a standing position and fired repeated shots, and between each went to the station and invited the crowd to take a drink, and just before firing would say, 'Now, Jules, I am going to hit you in such a place,' and being an expert shot he kept his word every time. Finally he cut off Jules' ears and put them in his vest pocket, after which he killed him outright. This story is told by some persons now living in this state, but I am satisfied they have been misinformed and that my account is substantially correct. The stage company investigated the affair at the time and while they did not approve of Slade's conduct, they permitted him to continue in his position as superintendent of his division.

"Slade's whole connection with the Overland was the embodiment of ruffianism, and how he held his position with the stage company is hard to conjecture. It may be that his reputation was some protection to the company, and that he had some ability to get stages through on time, but for all this he was a dangerous character when drunk, and in this condition he was very often found. He was guilty of many acts of violence toward men who were much better in every way than himself. After the stages were removed to the southern line, he on one occasion entered the sutler's store at Fort Hallock and amused himself by shooting holes through the canned goods on the shelf. At another time he took possession of the sutler's quarters and terrorized everybody connected with the establishment. While he lived at Virginia Dale, his official duty frequently called him to Laporte. On one of these trips he 'shot up' the town. He entered the only store in the place with his companion, smashed the mirrors, opened the faucets of the vinegar and molasses barrels to see what sort of a mixture these two articles would make when sugar and flour were added. When Slade sobered up he came around and settled for the damage done, paying $800 for his fun. Charles W. Ramer had just come to this country then, and, from a safe distance at the rear of the store, saw the whole affair through a window. That was his introduction to life in the far west. For Slade's escapade at the sutler's store at Fort Halleck, the commander had him arrested and refused a release unless the stage company would first dismiss him from their employ. This was done and Slade found his way to Montana, where he had many adventures, and finally located at Virginia City in 1864, where his frequent drunken brawls and highhanded acts of violence made him the subject of investigation by the vigilantes, who sentenced him to be hanged. When informed of his fate by the executive officers of the committee, he fell on his knees and begged for his life. When he saw that it was useless to implore, he exclaimed. My God 1 My God !

Must I die?' A rope was thrown over the cross beam of the gateway of the corral and Slade was placed upon a dry goods box, the rope drawn tight and the box pushed from under him, and all was over. Mrs. Slade had been sent for, but arrived too late to see her husband alive. She threw herself upon the dead body, closing the inanimate form in her arms, and gave vent to heart rending cries, followed by bitter curses upon those who hanged her husband. Finally, turning to those about her, she exclaimed in agony of grief, 'Why, oh, why did not some of you, the friend of Slade, shoot him down and not suffer him to die on the scaffold? I would have done it had I been here. He should never have died by the rope of the hangman. No dog's death should have come to such a man. '

The late William C. Stover, who was in Virginia City at the time, witnessed the execution of Slade. Like most of his class, who held human life cheap, Slade was a coward at heart, as his conduct at the time of his death proved.

Elsewhere in this volume is told the story of the desperado Slade, who served for a time as division superintendent of the Overland stage, with headquarters at Virginia Dale. The incidents here related were recounted by well-known citizens of Larimer county, who were personally cognizant of them and, in one instance, a victim of Slade's drunken fury, which give the stories a local coloring.

Frank G. Bartholf, who was an early settler in the Big Thompson valley and a county commissioner in the late 80's, gives the following account of his first meeting with Slade: "I received my introduction to Slade over on the Little Thompson at the stage station in the fall of 1862. Slade was coming down over the line from his station at Virginia Dale, and at Laporte he got drunk. Between Laporte and Big Thompson station he began firing down through the top of the coach and the four passengers inside rolled out on the prairie. Slade drove into the Big Thompson station at Mariana's on the dead run, and, going inside, ordered the agent, a man named Boutwell, to make him a cocktail. A loaded shotgun stood in the corner. Slade picked it up and cocking both barrels covered Boutwell with it and ordered the drink mixed in a certain manner. Hardly able to hold anything, his hand shook so, Boutwell did as directed. When he had completed the mixture, Slade ordered him to come from behind the counter and place the glass on

"After pouring the decoction down his throat, Slade mounted the stage and ran the horses over to the Little Thompson station where one of them laid down completely exhausted. I was keeping the station for my brother-in-law, who had gone up into the hills to bring down his wife. As the stage drove up I went out to unhitch the horses. The driver made some insulting remark to me and I answered him pretty short. Biff. Something struck me across the right eye. I turned quickly and looked straight into the muzzle of two revolvers. I had never seen Slade before but I realized at once that we were introduced. After I went into the stable he walked over to where a couple of young fellows were camped and threatened to shoot one of their horses and did kill their dog that was quietly lying under the wagon. Then he kicked their coffee pot over, put out their fire and went off. All this time the two fellows with their guns in hand stood and watched him. He had terrorized them and they dared not lift a finger. Slade afterwards wrote me a letter of apology, saying he thought I was the agent and that he did not allow any of his agents to 'sass him.'

"That same year Slade had a good deal of trouble with his drivers, who were, for the most part, wild reckless characters, who got drunk at every opportunity and endangered the lives of passengers by their abandoned driving. On one occasion, after a drunken driver had had a runaway and smashed up the coach and injured some of the passengers, he sent word to the agent at Laporte, who kept a grocery store, not to sell liquor to any of the drivers on his division. The agent sent back word that he would sell to whom he pleased, that Slade need not think because he had killed Jules, the agent was afraid of him. Two nights later when the stage drove up to the Laporte station Slade and three of his men walked into the store and began to shoot at the bottles on the shelves. Then they caught the agent, tied him with rope, spilled all the flour on the floor and opened all the faucets to the barrels of liquor and molasses and allowed their contents to mix with the flour. Then they went out of doors and taking runs, slid through the mixture on the floor. When they tired of their fun, Slade turned to the agent and said: 'Now, when I tell you not to sell liquor to my men, I mean it.' Slade was always cold-blooded and always took the advantage. His wife would fight at the drop of the hat and was

Weddings were not of common occurrence in pioneer days. Indeed, they were few and scattering for the first two or three years after the white settlers began to locate along the streams. This was largely due to necessity rather than choice. There were more bachelors than maids. As a matter of fact there were no maids at all, unless we except the copper-colored belles of the aborigines, whom a few of the first settlers, making a virtue of necessity, took to wife. The ceremonies accompanying these alliances were simple and very brief, consisting mainly of a tender by the groom of a pony, a blanket or a little coin of the realm to the reputed father of the dusky bride-to-be in exchange for her. If the tender was accepted, the expectant groom took his willing or unwilling bride to his cabin and set up a family altar without the formality of marriage vows or the incense of flowers.

On New Year's day, 1862, there occurred, howevery, a regular wedding. It was the first to take place in the county and the ceremony was performed by F. W. Sherwood, who tied the marital knot as a representative of his brother. Judge Jesse M. Sherwood, who was sub-Indian agent for the Cheyennes and Arapahoes and spent much of his time in Denver, looking after his charges. Just before Christmas, 1861, a son of Louis Cyr, a husky young fellow, called at the Sherwood ranch and inquired for the judge, who was absent. Cyr called twice after that during the week and, on the first day of January, made his third appearance and the judge was still absent. F. W. Sherwood, noticing the disappointed look the young fellow wore when told that the judge was not at home, asked if there was anything he could do. Young Cyr hesitated, but finally said he wanted to get married and wanted the judge to perform the ceremony. "If that is all you want," said F. W., "I can help you out. I can perform the ceremony as well as my brother." This pleased the young man, who said the wedding had been put off a week already and he didn't want it delayed any longer. The young fellow was honest and frankly told Mr. Sherwood he had no money. "Oh, that's all right," Mr. Sherwood replied. "I never charge anything for marrying people."

covered that Sherwood had no bible with him and called his attention to that fact. Sherwood replied that they didn't need it and that the bible played no part in his marriage service. Cyr, however, refused to be married without one. Sherwood dismounted, went into his house and brought out a large volume of Shakespeare's works, the sight of which satisfied the expectant groom. On arriving at the home of the bride-to-be a new difficulty presented itself. The young lady had disappeared and, of course, the wedding couldn't take place without her. She was the daughter of Suis Lewis and his Indian wife, wild and timid as a fawn. In extreme bashfulness she had hidden under a pile of blankets. She was soon discovered and on being brought from her hiding place, stood up with the young man and was married by the most intricate and involved method that frontier wits could devise. The service was an hour in length, and was witnessed by two gamblers named Mcintosh and Rice.

After the ceremony Mr . Lewis, father of the bride, insisted upon a marriage settlement, which he proposed in the following manner: "You make paper that if my gal behave and boy get drunk and raise the devil, my gal get all his horses. If my gal do wrong by Lewis he tell her go 'hell.' " The "settlement" was drawn up and signed and that ended the ceremonies of the first wedding in Larimer county.

The first general term of the district court held in and for Larimer county, opened on the 20th of October, 1868, in a hall on the second floor of the Grout building that stood at the corner of Jefferson and Linden streets, where Frank P. Stover's drug store now stands. This building was erected in 1865 by Mason & Allen for use as a sutler's store. It contained a large store room, facing the north, on the ground, back of which were a warehouse and living rooms. On the second floor, reached by an outside stairway, there was one large room and two smaller ones. This was the only hall in the place until 1873 and was used for many purposes, church, Sunday school, theatre and court room. This old historic structure was razed to the ground in the spring of 1882. Although the county had been organized since 1864, no term of the district court had been held in the county until October

1868. The officers of the court at this time were William R. Gorsline of Central City, judge of the Second Judicial district of the Territory of Colorado.

The names of the grand jurors summoned for the term were: H. B. Blevins, George Brigham, John G. Coy, A. J. Ames, Fountaine Peterson, Neal Boulware, George E. Buss, James S. Arthur, G. R. Strauss, Thomas Sprague, Jesse M. Sherwood, Edwin C. Smith, J. M. Smith, H. Samuels, Frank Gard, Judson Warren, G. L. Luce and Benjamin Claymore. J. M. Smith was appointed foreman of the jury by the court. Ranger Jones, Thomas Sprague and George Van Dyke failed to appear at the opening of the court to serve as grand jurors, and the judge ordered an attachment issued for their bodies and placed in the hands of the sheriff. The defaulting jurors were brought into court the following day, and after purging themselves of contempt, were directed to take seats with their comrades.

The petit jurors drawn for the term were : John Palmer, Enoch Cornell, Fred Wallace, N. H. Meldrum, C. C. Hawley, W. N. Payton, Rock Bush, F. W. Sherwood, Paul Tharp, A. R. Chaffee, H. Mannis, N. P. Cooper, Arthur Ames, John Baxter, John Hahn and W. C. Stover. Attachments were issued returnable October 21st, for Thomas Mc- Bride, also for the bodies of Joseph Musgrove and J. M. Eaglin, returnable at the succeeding term of court, all having failed to appear when summoned to serve as jurors.

The grand jury disposed of all the business brought before it, reported to the court October 21st, and was discharged from further service during the term.

The People vs. Antonia Madeno; assault with intent to kill. Continued for the term. Adam Blackhurst and Sarah Blackhurst entered recognizance to appear and testify in the case at the next term.

The People vs. Phillip Lariviere. Bond for appearance declared forfeited and district attorney directed to begin suit to recover the penalty named in the bond.

Of the four criminal cases docketed for this term of the court, two were for keeping gambling houses, one for assault with intent to kill and one for adultery, neither of which was tried. It will thus be seen that the law abiding people of Larimer county, moved early in an attempt to break up public gambling. At the succeeding term of court which opened October 19th, 1869, Samuel Dion and Peter Decony were convicted of keeping gambling houses and fined $100 each and costs of suit.

The grand jurors summoned for the term were: Revilo Loveland, Joseph Prendergast, John Davis, Zack Thomason, C. W. Howell, J. B. Arthur, A. K. Yount, William Samuels, James Milner, David Notman, N. H. Meldrum, Joseph Musgrove, B. T. Whedbee, J. M. Smith, Sr., J. M. Sherwood, A. A. Howard, Thomas Johnson, Thomas R. McBride. Joseph Mason, who had been summoned, was excused from service on account of being postmaster at Fort Collins. Thomas Gill failed to appear and an attachment was issued for him.

B. Wygal, James Carwile, James Eaglin, J. N. Hallowell, Frank Prager, John Parish, Reed Berry, George Litle, Guy H. Mannville, W. B. Osborn, Rock Bush, Austin Mason, William Rivers, John Theobald, A. A. Davis and E. N. Garbutt. Mr. Garbutt failing to answ^er to his name wrhen called, an attachment was issued for him. Mathews S. Taylor was admitted a member of the bar and allowed to practice in the courts of the Territory. Mr. Taylor was a brother of W. S-. Taylor who kept the Overland stage station at Virginia Dale and later Park and Laporte stations, and became a prominent member of the Colorado bar. He went to Leadville in 1877, and represented Lake county in the Second General assembly of Colorado. He was a brilliant lavtT^er, but died at Leadville in 1884, while still comparatively a young man.

No important cases came on for trial at the second term of court, and but little of moment was done save to continue most of the cases that had been docketed. Indeed, the dockets for the succeeding terms of court down to 1874 and 1875 fail to show that any cases of general or special interest were tried by the district court. The civil cases were mostly appeals from the judgments of either the county or justice courts and the criminal dockets being made up of misdemeanor cases, such as gambling, keeping gambling houses or assaults. At the term of the district court held in July, 1874, the district attorney filed two informations, one against James Nugent, known as "Mountain Jim" of Estes Park for an assault on June 10th, 1874, with a deadly weapon, with intent to kill his neighbor, Griffith J. Evans, and the other against GrifRth J. Evans for shooting Mountain Jim June 19th, 1874, with intent to take his life. These cases excited a great deal of interest because of the prominence of the persons implicated and also because of the circumstances which led up to the attempt of these two men to take each other's lives. A detailed account of the troubles between Evans and "Mountain Jim" will be given in another chapter; also of the trial of John Phillips in July, 1875, charged with murder of Clarence Chubbuck.

On the 19th of June, 1874, James Nugent, better known as "Mountain Jim," a famous hunter and trapper who lived in a cabin on the edge of Estes park, was shot and mortally wounded, the bullet lodging in his head. Nugent accused his neighbor, Griffith J. Evans, between whom and himself there had been bad blood for more than a year, of firing the shot that later caused his death. Evans was arrested, brought to Fort Collins, given a preliminary hearing and bound over for trial in the district court. On the opening day of the 1874 term of the district court, which convened on the 15th day of July, 1874, in the Grout building, District Attorney Byron L. Carr filed an information with the clerk, charging Evans with assault with a deardly weapon with intent to kill Nugent. The case was not called for trial until July 14th, 1875, when District Attorney G. G. White, who succeeded Mr. Carr, entered a nolle prosequi in the case against Evans and the accused was discharged from custody. It developed between the time of filing the information and the opening of the July term of court in 1875, so it was alleged, that Evans was not guilty of the charge; that the shooting was done by a young Englishman, who had been sent out from England in December, 1873, to look after Lord Dunraven's interests in Estes Park, and who had left the country. Nugent was brought down from Estes Park and lodged at the City hotel, then and for several years afterward, kept by Thomas L. Moore, where the wounded man received medical treatment. Nugent lingered between life and death until some time in September, 1874, when he died and was buried in Mountain Home cemetery where his bones yet remain. Before he died, Nugent made a will which he directed should not be opened until after his death, and in it he bequeathed his favorite riding horse to Mr. and Mrs. T. L. Moore's infant daughter, Carrie, now Mrs. T. K. Seaton of Delta, and twenty head of cattle on the range in Estes park to Frank D. Morrison, a barber, who shaved the wounded man until he died. It took all of "Mountain Jim's" property, however, to pay his debts and funeral expenses so that the devisees got nothing.

Mountain Jim was known all over the Territory as an expert hunter and trapper, who had many excellent qualities of heart and mind as well as numerous bad ones. He often drank to excess and when in his cups was a quarrelsome and a difficult man to get along with, but in his sober periods, he was a well informed, genial and companionable gentleman. His neighbor in Estes park, Griffith J. Evans, was a stock man and either owned or managed for others, a large herd of cattle in the park. He lived in a large log cabin and had several outlying cottages near Clear lake where, in the summer season, he entertained visitors, tourists and hunters from whom and his herds of cattle, he derived a goodly income. There are several theories as to what caused the trouble between "Mountain Jim" and Evans, but the most accepted theory is that "Mountain Jim" became enamored of Evans' seventeen-year-old daughter and that the young lady's parents disapproved of his attentions to her. At any rate a coldness grew up between the two men, and "Mountain Jim" had been heard in his cups to threaten to do Evans up. After the arrival of the young Englishman, whose name was Haigh, to take the management of Lord Dunraven's interests in the park, the young lady became much attached to him. They were often seen riding together which stirred "Mountain Jim's" anger toward Evans to the very depths. On the 10th of June, 1874, only nine days before he received his death wound, he fired from ambush and tried to kill Evans, but fortunately his shot missed its mark. On the day of the fatal shooting, June 19th, "Mountain Jim" appeared at Evans' cabin in a frightful mood, threatening to kill Evans and Haigh if they dared to come out in the open. At this Haigh, it is alleged, stepped to the door and fired the .shot that a few weeks later ended the life of one of the most notorious characters that ever dwelt in the Rocky Mountains.

In the fall of 1873, an English lady named Isabella L. Bird, spent several weeks with the Evans' family, becoming very well acquainted with both Evans and "Mountain Jim." The latter guided Miss Bird, Piatt Rogers and S. S. Downer, two young men tourists to the summit of Long's peak and she is believed to be the first woman to ever ascend to the top of this grim old guardian of the Continental Divide. In a series of letters written to her sister in London, Miss Bird graphically describes Estes Park, the ascent of Long's peak, and her various experiences while a visitor in the park; giving pen pictures of Nugent and Evans and her impression of the characters of the two men. She also wrote interestingly of other trips in Colorado made on horseback and her letters were published in book form in 1879-80. The book is entitled "Life in the Rocky Mountains." Her descriptions of Evans and Nugent and comments on their individual characteristics make very interesting reading. Describing her first introduction to "Mountain Jim" she says:

"A very pretty mare, hobbled, was feeding, a collie dog barked at us, and among the scrub not far from the track, there was a rude black log cabin, as rough as it could be, to be a shelter at all, with smoke coming out of the roof and window. We diverged towards it ; it mattered not that it was the home, or rather den of a notorious 'ruffian' and

'desperado.' One of my companions had disappeared hours before, the remaining one was a townbred youth. I longed to speak to some one who loved the mountains. I called the hut a den, - it looked like the den of a wild beast. The big dog lay outside it in a threatening attitude and growled. The mud roof was covered with lynx, beaver and other furs laid out to dry, beaver paws were pinned out on the logs, a part of the carcass of a deer hung at one end of the cabin, a skinned beaver lay in front of a heap of peltry just within the door, and antlers of deer, old horseshoes, and offal of many animals lay about the den. Roused by the growling of the dog, his owner came out, a broad, thickset man, about the middle height, with a cap on his head, and wearing a grey hunting suit much the worse for wear (almost falling to pieces in fact) a digger's scarf knotted around his waist, a knife in his belt, and a 'bosom friend,' a revolver, sticking out of the breast pocket of his coat; his feet, which were very small, were bare, excepting for some dilapidated moccasins made of horse hide. The marvel w^as how his clothes hung together, and on him. The scarf round his waist must have had something to do with it. His face was remarkable. He is a man about forty-five, and must have been strikingly' handsome. He has large grey blue eyes, deeply set, with well-marked eyebrows, a handsome aquiline nose, and a very handsome mouth. His face was smooth shaven except for a dense mustache and imperial. Tawny hair, in thin incorrect curls fell from under his hunter's cap and over his collar. One eye was entirely gone, and the loss made one side of his face repulsive, while the other side might have been modeled in marble. 'Desperado' was written in large letters all over him. I almost repented having sought his acquaintance. His first impulse was to swear at the dog, but on seeing a lady he contented himself with kicking him, and coming up to me he raised his cap, showing as he did so a magnificiently formed brow and head, and in a cultured tone of voice asked if there was anything he could do for me. I asked for some water, and he brought some in a battered tin, gracefully apologizing for not having anything more presentable. We entered into conversation and as he spoke I forgot both his reputation and his appearance, for his manner was that of a chivalrous gentleman, his accent refined and his language easy and elegant. I inquired about some beavers' paws which were drying, and in a moment they hung on the horn of my saddle. Apropos of the wild animals of this region, he told me that the loss of his eye was owing to a recent encounter with a grizzly bear, which, after giving him a death hug, tearing him all over, breaking his arm and scratching out his eye, had left him for dead. As we rode away, for the sun was sinking, he said courteously. 'You are not an American. I know from your voice that you are a countrywoman of mine. I hope you will allow me the pleasure of calling on you.' This man, known through the Territories and beyond them as 'Rocky Mountain Jim' or more briefly, as 'Mountain Jim,' is one of the famous scouts of the plains, and is the original of some daring portraits in fiction concerning Indian frontier warfare. So far as I have at present heard, he is a man for whom there is now no room, for the time for blows and blood in this part of Colorado is now past, and the fame of many daring exploits is sullied by crimes which are not easily forgiven here. He now has a 'squatter's claim,' but makes his living as a trapper, and is a complete child of the mountains. Of his genius and chivalry to worrien there does not appear to be any doubt; but he is a desperate character, and is subject to 'ugly fits,' when people think it best to avoid him. It is here regarded as an evil that he has located himself at the mouth of the only entrance to the park, for he is dangerous with his pistols, and it would be safer if he were not here. His besetting sin is indicated in the verdict pronounced on him by my host: 'When he is sober, Jim's a perfect gentleman ; but when he's had liquor, he is the most awful ruffian in Colorado.'

Refering further to "Mountain Jim" in a foot note. Miss Bird says : "Of this unhappy man, who was shot nine months later within two miles of his cabin, I write in subsequent letters only as he appeared to me. His life, without doubt, was deeply stained with crimes and vices, and his reputation for ruffianism was a deserved one. But in my intercourse with him I saw more of his noble instincts than of the darker parts of his character, which, unfortunately for himself and others, showed itself in its worst colors and at the time of his tragic end. It was not until I left Colorado, not indeed until months after his death, that I heard the worst points of his character."

Of GrifE Evans, Miss Bird speaks as follows in her charming book: "As I intend to make Estes park my headquarters until the winter sets in, I must make you acquainted with my surroundings and mode of living. The 'Queen Anne Mansion' is represented by a log cabin made of big hewn logs. The chinks should be filled in with mud and lime, but these are wanting. The roof is formed of barked young spruce, then a layer of hay, and an outer covering of mud, all nearly flat. The floors are roughly boarded The 'living room' is about sixteen feet square, and has a rough stone chimney in which pine logs are always. At one end there is a door into a small bedroom, and at the other a door into a small eating room, at the table of which we eat in relays. This opens into a very small kitchen with a great American cooking stove and there are two 'bed-closets' besides. Although rude, it is comfortable, except for the draughts. The fine snow drives in through the chinks and covers the floors, but sweeping it out at intervals is both fun and exercise. There are heaps of rubbish places outside. Near it, on the slope under the pine, is a pretty two-room cabin, and beyond that, near the lake is my cabin, a very rough one. My door opens into a little room with a stove and chimney, and that again into a small room with a hay bed, a chair with a tin basin on it, a shelf and some pegs. A small window looks on the lake, and the glories of the sunrise which I see from it are indescribable. Neither of my doors has a lock, and, to say the truth, neither will shut, as the wood has swelled. Below the house on the stream which issues from the lake, there is a beautiful log dairy, with a water wheel outside, used for churning. Besides this, there are a corral, a shed for the wagon, a room for the hired man, and shelters for horses and weakly calves. All these things are necessaries at this height.

"The ranchmen are two Welshmen, Evans and Edwards, each with a wife and family. The men are as diverse as they can be. 'Griff,' as Evans is called, is short and small, and is hospitable, careless, reckless, jolly, social, convivial, peppery, goodnatured, "nobody's enemy but his own.' He had the wit and taste to find out Estes Park, where people have found him out, and have induced him to give them food and lodging, and add cabin to cabin to take them in. He is a splendid shot, an expert and successful hunter, a bold mountaineer, a good rider, a capital cook, and a generally good fellow. His cheery laugh rings through the cabin from the early morning, and is contagious, and when the rafters ring at night with such songs as 'D'ye Ken John Peel'? 'Old Lang Syne', and 'John Brown', what would the chorus be without poor Griff's voice? What would Estes Park be without him, indeed? When he went to Denver lately we missed him as we would have missed the sunshine, and perhaps more. In the early morning, when Long's Peak is red, and the grass crackles with hoar frost, he arouses me with a cherry thump on my door. 'We are going cattle-hunting, will you come? Or will you help to drive in the cattle? You can take your pick of the horses. I want another hand.' Freehearted, lavish, popular, poor 'Griff' loves liquor too well for his prosperity, and is always tormented by debts. He makes lots of money, but puts it in 'a bag with holes.' He has fifty horses and 1,000 head of cattle, many of which are his own, all wintering up here, and makes no end of money by taking in {)eople at eight dollars a week, yet it all goes somehow. He has an industrious wife, a girl of seventeen, and four ybunger children, all musical, but the wife has to work like a slave ; and though he is a kind husband, her lot as compared with her lord's, is like that of the squaw. Edwards, his partner, is his exact opposite, tall, thin, and condemnatory-looking, keen, industrious, saving, grave, a teetotaler, grieved for all reasons at Evans' follies and rather grudging; as naturally unpopular as Evans is popular; a 'decent man', who, with his industrious wife, will certainly make money as fast as as Evans loses his.

"The regular household living and eating together at this time consists of a very intelligent and high-minded American couple. The Mr. and Mrs. Dewey, people whose character, culture and society I should value anywhere; a young Englishman, brother of a celebrated African traveler, who, because he rides on an English saddle, and clings to some other insular peculiarities, is called 'The Earl' ; a miner prospecting for silver; a young man, the type of intelligent, practical 'Young American,' whose health showed consumptive tendencies when he was in business, and who is living a hunter's life here; a grown-up niece of Evans; and a melancholy-looking hired man. A mile off there is an industrious married settler, and four miles off, in the gulch leading to the park 'Mountain Jim,' otherwise Mr. Nugent, is posted. His business as a trapper takes him daily up to the beaver dams in Black canon to look after his traps, and he generally spends some time in or about our cabin, not, I can see, to Evans' satisfaction, for, in truth, this blue hollow, lying solitary at the foot of Long's Peak, is a miniature world of great interest, in which love, jealousy, hatred, envy, pride, unselfishness, greed, selfishness and self-sacrifice can be studied hourly, and there is always the unpleasantly exciting risk of an open quarrel with the neighboring desperado, whose 'I'd shoot you' has more than once been heard in the cabin."

I have reproduced, verbatim, this much of Miss Bird's charming book to show the characters she came in contact with, their modes of living and the conditions that existed in Estes Park in the closing weeks of 1873 when she was a guest of the Evans' family, and also that the reader may get a glimpse of the causes that led up to the fatal quarrel a few months' later, which resulted in "Mountain Jim's" death. The very fact that no very strenuous effort was put forth by the authorities to apprehend and bring to justice the young Englishman, who is said to have sent a bullet into "Mountain Jim's" head, lends strength to the belief that the community at large and the officers of the law, were only too well satisfied to get rid of a troublesome character and terror of the region, to give much thought or attention to the manner or means of his removal, or to exert themselves in capturing the man responsible for it.

In another part of this book will be found Miss Bird's beautiful pen picture of Estes Park as she saw it through the eyes of an enthusiast; and also a description of her ascent of Long's Peak, with "Mountain Jim" as guide.

Hardly had the excitement over the Estes Park tragedy subsided, in which "Mountain Jim's" life came to an inglorious but deserved end, when another took place, this time in the Big Thompson valley, and another victim of the ever ready gun came to an untimely death. The principals in this tragedy were John Phillips, a stockman, and Clarence Chubbuck, foreman of a cattle round-up then in progress. The cattle had been gathered in a bunch on ground now occupied by Lake Loveland, a short distance north of the present thriving city of Loveland, and owners were engaged in cutting out or separating their animals from the general herd. This was on Saturday, June 5th, 1875. A dispute arose between Phillips and Chubbuck over an unbranded steer, which Phillips said belonged to him. Chubbuck contested the claim and there were angry words between the two men. Finally Chubbuck became exasperated and in the heat of passion assaulted Phillips with a blacksnake whip, which he always carried on the round-up, and drove the latter out of the camp, forbidding him at the same time to return. On leaving camp Phillips declared that he would come back the next day and defend his rights to recover what he claimed to be his property. Aside from the whip that Chubbuck carried, neither man was armed at the time of the encounter on Saturday. The following day, Sunday, June 6th, while the cowboys were still separating the herd, Phillips returned to the camp, armed with a revolver, and demanded his steer, which brought on another quarrel. Chubbuck ordered him off the ground but Phillips stood his ground and refused to leave. At this Chubbuck leapt from his horse and started for Phillips, who was a cripple, flourishing his whip in a threatening manner. Because of his infirmity, Phillips was unable to keep out of his antagonists way .and fearing humiliation and bodily injury at the hands of the foe, he drew his revolver and fired at Chubbuck, inflicting a mortal wound. The wounded man was carried to his home, where he died on Monday evening declaring just before death intervened that he alone was to blanie for the shooting.

Immediately after firing the fatal shot Phillips mounted his horse and rode to Fort Collins and gave himself up to Sheriff Joseph Mason. He at once retained L. R. Rhodes, still an eminent member of the Larimer County bar, to defend him, and instructed Mr. Rhodes to employ Thomas M. Patterson and Judge James B. Belford of Denver, to assist in the defense. The killing of Chubbuck, who was a popular young man and a son of one of the pioneers of the Big Thompson Valley who had been county superintendent of schools, created intense excitement all over the county and the feeling against Phillips was very bitter. There were threats of lynching and Jio doubt they would have been carried into efifect if the people of the Big Thompson valley had succeeded in getting Phillips in their possession. On the day following Chubbuck's death a warrant was sworn out and placed in the hand of Constable Charles P. Scott, afterwards county clerk for two terms, with instructions to arrest Phillips and bring him before a justice of the peace on the Big Thompson. In the meantime Sheriff Mason had deputized L. R. Rhodes and Eph Love to guard his prisoner, and they, knowing what the feeling was over on the Big Thompson, declined to surrender Phillips, fearing that he would be strung up on the first handy cottonwood if he should be given up to Constable Scott and returned to the scene of the tragedy. Mr. Scott returned to the Big Thompson without the prisoner and a posse comitatus was raised to take Phillips away from his guards by force. The posse was to come to Fort Collins in the night, overpower the guards, sieze Phillips and take him back among those who were clamoring for his life, but word of their in- tentions reached the guards, through a friend, in time to make preparations for outwitting the posse. Phillips, thoroughly armed, was locked in Mr. Rhode's office in the old Grout building and instructed to shoot the first man that attempted to break down the door. The posse halted about where the Agricultural College stands and sent three spies into town to locate the man they sought, but they met with no success, and the posse returned to Big Thompson disappointed and not a little discomfitted.

The district court convened that year on the 14th of July, with Judge A. W. Stone of Denver on the bench. The other officers of the court were: George G. White of Denver, district attorney; Joseph Mason of Fort Collins, sheriff ; Chase Withrow, clerk, by A. H. Patterson, deputy.

The grand jury was sworn and charged and before the close of the first day's session returned an indictment charging John Phillips with the murder of Chubbuck on the 6th of June, 1875. Because of the interest taken in the trial of Phillips, court was held in the Methodist church, a frame structure which stood about a block west of the Colorado & Southern passenger station, as it afforded more room than the hall in the Grout building. Phillips was arraigned on the day the indictment was found and pleaded 'not guilty'. The case was set for trial July 18th and when the day for the hearing arrived the church was filled with court officers, witnesses and spectators, many of the latter coming from long distances, as this was the first murder case tried in the district court in the history of the county. Phillips was prosecuted by the district attorney, assisted by Mayor E. L. Smith and Mitchell Benedict of Denver, and ably defended by L. R. Rhodes of Fort Collins, assisted by Thomas M. Patterson and Judge James B. Belford of Denver, who were then acknowledged to be two of the ablest attorneys in the Territory. Since then Messrs. Patterson and Belford have both represented Colorado in the National House of Representatives, and Mr. Patterson has served one term in the United States Senate.

The jury impanelled and sworn to try the case was composed of John W. Tharp, Robert Craig, Joseph R. Wills, W. S. Vescelius, Joseph C. Egbert, N. W. Platte, James Earnest, J. W. Boyd, Jack Dow, Richard Burke, J. W. Smith and Albert B. Tomlin, all residents of the Cache la Poudre valley. Eph Love was appointed official court reporter and the trial proceeded, occupying several days of the term. The case went to the jury on

July 21st, and a verdict of "not guilty" was returned the same day. The dying declaration of Chubbuck that "he alone was to blame for the shooting" which was testified to in court, had great weight with the jury in reaching a conclusion.

Thus ended Larimer county's first murder trial. Realizing that it would be unsafe for him to remain in Larimer county, Phillips immediately disposed of his cattle and horses and went to the southern part of the Territory, where it is believed he died a few years ago.

John C. Ish of Fort Collins, takes exceptions to some of the statements made in the foregoing account of the killing of Clarence Chubbuck. In the first place he says that he and not Chubbuck, was foreman or captain of the cattle round-up that year, and that he saw the trouble between Chubbuck and Phillips the first day and heard the shooting at the time of the tragedy but did not see it as he was on the opposite side of the cavayard, superintending the cutting out of the cattle. Mr. Ish says that Phillips and Chubbuck had some hot words the day before the shooting at Mariana's lake, but he positively denies that Chubbuck struck Phillips with a blacksnake whip or anything else. Chubbuck had a whip with him, as did others engaged in the round-up, but did not use it on Phillips. He was close by the two men, heard their conversation and saw all of movements and knows that no assault was made on Phillips that day. The jwrangling between the two men interfered with the work of the round-up and Mr. Ish finally sent Phillips off to another part of the field, so that the work of cutting out cattle could proceed. The following day the cattle were rounded up where Lake Loveland is now and Phillips came there armed and demanded a cow that Frank Bartholf claimed. Mr. Ish knew the cow belonged to Phillips and sent word to Bartholf, who was on the opposite side of the cavayard, to turn the cow over to Phillips. While Bartholf and Phillips were having some words over the ownership of the cow, Chubbuck came up and joined in the dispute. The quarrel of the day before between Phillips and Chubbuck was renewed and Phillips repeated statements which he said Chubbuck had made concerning him the day before. Chubbuck replied, "that's a dammed lie. I made no such statements". At this Phillips jumped off his horse, drew his gun and taking deliberate aim, shot Chubbuck in the back as he turned and fled on seeing the gun. Phillips then remounted his horse and rode off on a dead run. Mr. Ish says he heard the shooting and, putting spurs to his horse, rode around the cavayard to where Chubbuck laid on the ground, suffering from the fatal bullet wound. The young man was taken to his home where he died the following day. Mr. Ish says he shall always think and believe that it was a case of premeditated murder, that Phillips came there that day with the intention of killing Chubbuck., He says that Phillips was a busherwhacker in Missouri, during the civil war, and that he boasted of having once, while concealed in the underbrush, shot and killed a Union man who was walking along the road with a baby in his arms, killing the baby also with the same shot. Mr. Ish also says he understood that after his acquittal by a jury in the district court, Phillips went north and was shot in Dakota for stealing cattle.

Old Jim Baker, the noted Indian fighter, frontiersman, scout, and hunter, whose death at the advanced age of 90 years occurred in May, 1898, was well known by a number of Larimer county people. In 1852, nearly 60 years ago, he and William T. Shortridge of Fort Collins, and Maj. John Kerr of Berthoud, built and operated a ferry at the Green river crossing. That was during the time of the great rush to the California gold fields and the ferry made money for its owners hand over fist. G. R. Strauss of Timnath also knew Baker well. Baker, Strauss, Bob Lawrence and a man named Brown hunted during the winter of 1860-1 in the mountains north of Livermore, their camp being on what is now known as the Halligan ranch on the North fork of the Cache la Poudre river. They also camped for a time where the late Harry Gilpin-Brown's residence now stands on the Lone Pine. Deer and mountain sheep were plentiful in those days, each of the hunters killing two wagon loads of game which they marketed in Denver. All of these actors in early day events have gone to their reward. Lawrence and Brown died many years ago. Maj. Kerr in 1895; Jim Baker in 1898; Bob Strauss in 1904 and W. T. Shortridge in 1905.

The ridge north of the present headgates of the Larimer County Canal was the scene in the fall of 1858, of a fircely contested battle between a band of Arapahoe Indians, under the leadership of Chief Friday, and a large hunting party of Pawnees. The story of this fight was told to H. C. Peterson by Chief Friday himself.

The Pawnees were out on their annual buffalo hunt in territory claimed by the Arapahoes, who were bitter and remorseless enemies of the trespassers. The Pawnees were discovered by the Arapahoes who gave chase and drove the former to the top of the ridge where a firce three day's battle was fought. The Arapahoes occupied the gulch north of the ridge and greatly outnumbered the Pawnees, but the latter had the advantage of location and fought with desperation knowing, that if they fell into the hands of their old-time, remorseless enemies they would be tortured, every last one of them. The battle raged hotly and fiercely for three full days, neither side giving away. Finally, taking advantage of a terrific mountain storm which occurred on the night of the third day's fight, the Pawnees slipped quietly off the ridge and made their escape. The story told by Chief Friday is borne out by the finding of the skeleton of an Indian by William Shipp on the battle field, in December 1884. The skeleton was found in a sort of cave in the bluffs and had evidently lain there for several years as there was nothing left but the naked bones that afforded any clue to its history. As it was the custom of the Indians to carry away from the battlefield all their dead so their enemies would not know the extent of their losses, it is probable that the warrior whose bones were found, having been wounded in the fight, had crawled into the cave and died there without the knowledge of his companions. At any rate, the ridge, along whose abrupt side the Poudre Valley canal now winds its way, has become historic ground. Chief Friday did not know how many of the Pawnees were made to bite the dust in the conflict, but said the Arapahoes lost a good many warriors, owing to the fact the Pawnees were able to shoot their arrows from the top of the ridge down among the besiegers with frightful effect. That is believed to have been the last Indian battle fought in Larimer county.

Horace Greeley and party in going from Denver in 1859 on the Overland stage to California, passed through Larimer county. The road then crossed the Big Thompson at Mariana's place and hugging the hogbacks, crossed the Poudre at Laporte, and thence on into the mountains via Virginia Dale. Mr.

Greeley and party were entertained for the night in Laporte on this trip. It was on this trip that Mr. Greeley made his memorable ride over the Sierras with Hank Monk as driver. At Virginia City, Nevada, Mr. Greeley suggested that he would like to get over the road a little faster, as he had a lecture engagement in California. "All right", said Hank, as he gathered up the rains of six half wild mustangs. "Keep your seat, Mr. Greeley, and I will get you through in time." Crack went the whip, the mustangs dashed at a fearful pace up hill and down along precipices frightful to look at, over rocks that kept the noted passenger pawing frantically between the seat and ceiling of the coach. Mr. Greeley was getting more than he bargained for and he mildly suggested that a slower pace would suit him better, as a half an hour, more or less, would not make much difference. But Monk was in for his drive and his joke, and replied again with a twinkle of his eye, after a fresh cut at his mustangs, "Just keep your seat, Mr. Greeley, and you shall be through in time." Mr. Greeley kept his seat as well as he could and got through unharmed, on time, rewarding Hank Monk with a new suit of clothes. For years afterwards. Hank wore a watch with his reply to Mr. Greeley engraved upon it, the present of some other passenger whom he had driven safely over his perilous route.

"The first living thing that was born in Denver", said Amos Steck yesterday, "was a dog and that was named Denver. The next was Jack McGaa's baby boy, and he was named Denver. A man named Cromwell was here then keeping a place called 'The Stage', and he was so enthusiastic over the birth of this baby that he sold a fine horse for the money necessary to celebrate the event, and as long as the price lasted everybody had an opportunity to drink to the health of Jack McGaa's kid. I saw the baby when it was a little scrawny thing about two days old, and the last time I saw him was when, he was six years old on his father's ranch near Fort Collins, a short time before Jack died. The baby was born in June, 1859, and is now a big man, standing about six feet two. His mother was a Sioux, and, consequently, Denver learned the Sioux dialect. Five or six years ago when the Northern Sioux were preparing for the outbreak at the Pine

Ridge agency, Denver McGaa was among them. They didn't know that he understood their language and, consequently, he learned all of their plans, and at once rode away to the nearest military post and reported the situation to the commanding officer. The result was that the Indians were not given time to perfect their plans and the contemplated outbreak was nipped in the bud."

Denver McGaa remained a resident of Fort Collins until 1879, when he went north to join the tribe to which his mother belonged. He has since visited here several times and is well known to many of the early settlers of the valley.

In the spring of 1861, said the Denver Inter- Ocean in March 1882, a gay and festive Frenchman, a mule shoer by profession, and the late Joseph Mason of Fort Collins, who was killed in 1881 by the kick of a wicked broncho, woed a charming Indian maiden, the belle of the wigwam, the pinkeyed Mary Polzell. They quarreled. There was not squaw enough for two, so the blacksmith concluded that one or the other had to die. He sent a challenge and Mason accepted. The hour and place was fixed. It was on the banks of the Platte, near where the Larimer street bridge in Denver now crosses the stream. A thousand people gathered there to witness the scene of two Frenchm.en wallowing in each other's gore. It was a fizzle. The blacksmith's teeth began to chatter as the umpire paced the ground, and when the seconds loaded the pistols his knees gave way, he fell to the ground a limp and limpsy lover.

In March 1860, Dr. Stone of Central City challenged Lew Bliss, who, in 1878-9, was an assistant under T. J. Montgomery in the Colorado Central railroad depot in Fort Collins. Bliss being the challenged party, had choice of weapons, and he selected shot guns loaded with slugs, just fitting the barrel. Stone was known to be a dead shot with the pistols and Bliss was equally expert with the shot-gun. Bliss was unhurt, but Stone received a terrible wound in the thigh and groin, from which he died after lingering several months and wasting to a mere skeleton.

Learning through Judge Neil F. Graham of Fort Collins, that Hon. Eugene F. Ware, former Pension Commissioner under President Harrison, but now a prominent attorney of Kansas City, Kansas, had scouted through this section of the State while a member of the 7th Iowa Cavalry, I wrote to him for such facts as he could recall touching conditions in the Cache la Poudre valley when he was here. I will note in this connection that Mr. Ware and Mr. Graham are warm personal friends and Mr. Graham had often heard Mr. Ware relate his experience on the Plains in 1864-5.

Mr. Ware's reply to my letter soliciting historical information follows, and while it does not throw much light on the subject in hand, it does give his impressions of this country as it appeared to him at that time. He says :

"The date which you set is an error. I was out in that country scouting for Indians in 1864 with the 7th Iowa cavalry. We were up at Fort Laramie and north of it, and south of it. At Fort Laramie was Lieut. Col. Collins. He had a son, Casper Collins, who was killed by the Indians. Fort Collins was named after the Colonel and Fort Casper was named after the son. The town of Casper further north, is the survival of the name. We scouted down in the country, of which you speak, and west from Julesburg up the Lodge Pole to where Cheyenne now is. The country was bleak and arid and I would not have given ten cents a square mile for it. There was, of course then no city of Cheyenne or even a beginning of it. The country was wholly desolate and forlorn, it seems to me, although in the spring it looked a little better. A great change has come over the country as it does over every country where a white man goes and settles." Yours truly,

That those who tilled the soil in the early days of the Cache la Poudre vailey reaped rich rewards for their labors is illustrated by the following account of G. R. Strauss' experience as gardener, as told the writer by himself:

In 1864, Mr. Strauss tilled nine acres of land facing on the Howes lane - then the route of the Overland stage company from the Sherwood place to Laporte - nearly opposite Judge A. F. Howes' house. That spring he invested, his last dollar at

Laporte for a sack of flour (flour was then only $12 per sack) purchased seed on credit and planted a market garden. His success that year may be understood when it is stated that the profits from the nine acres, after the cost of seed, implements and other contingent expenses had been paid, were $2,500. The ruling price for potatoes was 25 cents per pound, and for cabbage 30 cents.

The stage, which made its nearest division station at Laporte, passed his door and the driver would generally be entrusted with baskets and sacks to be filled with vegetables and other products of Mr. Strauss' garden. As the stage frequently passed in the night, the produce, when in readiness, was placed upon a flat stone at the gate and the driver would stop, pick it up and carry the sacks to their destination. Upon the return trip, the buyer, whoever he chanced to be, deposited the amount due to pay for his purchases with the stage driver, who in turn, upon arriving at Strauss' gate, raised the flat stone and laid the money thereunder. So prevalent had this method of transacting business become, that frequently weeks at a time passed that Mr. Strauss and the stage driver did not see each other, but the money was always in its place and the garden truck in readiness. In relating this incident Mr. Strauss said that he had frequently lifted the flat rock to find $150 under it. No road agents lurked about in those days to surprise the unsuspecting stage driver, and no greedy spy ever discovered the novel cash drawer and robbed it to gratify his cupidity.

The spring of 1864 witnessed an unusual amount of water in the river and the flooding of the Howes meadows. Mr. Strauss was awakened one night to find water nearly two feet deep over his floor. He was obliged to wade out and seek higher ground, taking with him what he could conveniently carry and placing the remainder out of danger until the flood subsided. Exactly forty years later, almost to a day, poor Mr. Strauss, then old and feeble, met death in a similar flood. In trying to escape from his home, through which the water was pouring in torrents to go to the home of a neighbor, he was swept by the current against a fence and held there all night long until chilled to the marrow. He died shortly after being discovered by his neighbor, James Strang, and rescued from his perilous position.

characters of the early days. He was a stockman and owned a ranch on the north side of the river a short distance west of the present town of Timnath. The farm is now owned by Herman Strauss. He used to declare in emphatic terms that he, the late William C. Stover and the late John B. Provost built the range of mountains to the west of Fort Collins. He was the father of Mrs. Thomas Earnest and along in the 70's returned to his former home in Missouri, after amassing a fortune in the stock business, where he died several years ago. Many interesting stories are told of his eccentricities by the surviving old timers. Here is one of them:

"Sometime during the Indian troubles on the Plains, Ranger Jones, an old-time stockman, well known all along the Platte and in Wyoming, was driving the mess wagon for his own round-up outfit, near Cedar Buttes, in Logan county, when suddenly Indians appeared and fired on the outfit. 'G'lang Pete'. Git, Sue!' shouted Ranger, laying the bud lustily on his team, already frightened into a run by the yells of the Indians. Full three miles away, one cowboy overtook the old man still laying on the whip, and rolling lively wheels for the Riverside ranch, twenty-five miles distant. 'Hold up, Mr. Jones' shouted the cowboy, the Indians have got all the horses and gone. Danger is all over. Hold up, you're spilling all the cooking fixings. Hold up, you've spilled the frying pan and pots. Whoa!"

"No more use have I for frying pans in this world, my son", replied Ranger, laying on more bud. Seeing that talk was useless the cowboy grabbed the team by the head, swung them around and stopped them.

In 1864, while the county seat was located at Laporte, the county commissioners appropriated $150 to be used in building a log jail. The contract was let to Uncle Ben Whedbee, who died in November, 1910 at the advanced age of 97 years, and Mr.Blevins, father of Montie Blevins of North Park, who completed the building in due time and according to plans and specifications. Charles W. Ramer, now a retired merchant and hotel keeper, hauled the logs for the building from the mountains with an ox team. The late John C. Matthews, who was later county clerk and still later a prominent merchant, was the only justice of the peace at Laporte, and it is still told of him that he dealt out justice in his court with an impartial hand.

Shortly after the completion of the jail, two horse thieves who had been bound over by Justice Matthews for trial in the district court, were confined in it in default of bail. It fell to their lot to be the first prisoners to be confined in the new jail. One night not long after their incarceration they cut their way out of jail and decamped, taking Squire Matthews' only horse and saddle with them. It is needless to say the Squire never afterwards saw hide nor hair of his horse, saddle and prisoners. In 1868, when the county seat was moved to Fort Collins, the jail building was taken down and moved to the new county seat where it was rebuilt and for several years served the purpose for which it was originally erected. In 1880 after the Tedmon house was built the old jail was converted into a laundry for the hotel and used as such until the Union Pacific railroad had it torn down and removed to make room for its tracks through the city. Squire Matthews never, so long as he lived, heard the last of the scurvy trick the horse thieves played on the court.

Many stories were told in the early days about the ways and manners of Mariana Modena, the Big Thompson pioneer who kept the Overland stage station at his place for several years. The following appeared in the Denver Field & Farm in March 1890: