Fillmore County, Minnesota - Chapter 45, 1882
From History of Fillmore County, Including the Explorers and Pioneers of Minnesota, published 1882. 5,962 words, reproduced complete and unedited. Source changes inside the text are labelled in place.
Contents
8 sectionsThe section headings the book prints inside this chapter. Each one jumps to where it begins.
The text
5,962 wordsMachine-read from scans of History of Fillmore County, Including the Explorers and Pioneers of Minnesota, published 1882. Nothing has been corrected: fixing what looks like a misspelled name is how an invented one gets published. Source changes are marked where they occur.
Vigilance Committee
On section twenty -two in Pilot Mound, on land owned by Daniel Herman, there are about a dozen mounds from two to three feet high at the present time, and from fifteen to eighteen feet in diameter and circular in their outline. On one of these mounds was found growing by the first settlers a very large maple tree, that must have been very old. Mr. James Keatch dug into this mound and found human bones in such quantities as to indicate that a large number had been buried there, and all of these bones appear to have been broken. A copper instrument was also unearthed, one and one-half inches wide, a half inch thick, and six inches long; also a stone pipe-bowl. A mile or so north of Lanesboro there is a village of mounds, which were opened a few years ago by Dr. Powell, Mr. Man, and others, and one of the larger in particular had quite a number of human bones, a copper, and some stone implements, pipes, etc.
An Indian Graveyard. - When the valley was first settled a burial place was found near Sprague's old mill. It had been used up to the time that the Indians left, on the advent of the white settlers. There were as many as one hundred graves there, and they were made by laying the cadaver oq the ground and heapiug earth upon it, which was a favorite method of burial by the Indians. In the case of a noted chief he was sometimes left sitting upon the ground, propped up by stakes, and a wolf-proof pen of logs would be built over him.
Indian Cornfield. - The Indians were acquainted with the value of the lands in the valleys for raising com, and there was a cx^nifield near the house of G. W. White in South Rushford; the hills were about the same distance apart as now usually planted, not in rows, but in a haphazard sort of a way. The squaws did the planting and harvesting, and to them we are indebted for preserving the seed of this cereal, which the world does not even yet appreciate at its true value.
A Pre-Settlement Incident. - When the first settlers of Rushford arrived, they found, near where the Catholic church now stands, a grave with a rude wooden headboard. From the fact of its being marked in accordance with the habitd of civilization, they were led to the presumption, that it must be the grave of a white person, but the mystery of a death at this place could not be penetrated from any known circumstances. Who it might have been thus wandering beyond the confines of civilization, and overtaken by the angel of death excited considerable curiosity. That there was some friend near to tenderly place the mortal remains beneath the sod, and mark the spot with the most available monumental material at hand, was certain. Thus the matter remained until some years ago, when two residents of the town, Mr. flenry Stage and Mr. C. W. Gore, were on a hunting expedition among the lumbering camps of Wisconsin, when they met a man who, on leai-ning they were from up the Root River, related the following incident: Some time about 1845, this man, whose name is disremembered, came up the Root River to where Rushford now stands, with his brother and another man on a hunting and trapping tour. They made a camp at this place, and were proceeding to make themselves comfortable when the brother was taken violently ill, and as they had little medical knowledge and no medicine, they were in a deplorable condition. The man rapidly grew woi-se, and after terrible suffering, became delirious, and finally death came to his rehef. This was a sad time for this little party, away from home and friends, but they made the best of the pituation and buried him silently, hewing out the rude memorial which was afterward found, but the name had been obliterated. This man related their experience with the buffaloes, which at night would remain on the bluffs but ill the daytime would be on the bottom lands feeding and quenching their thirst from the river. This place was on the south side of the river, near the farm of O. O. Tuff. The camp was on the north side, and at that time the herd did not cross the river. Of course toward fall the bnfifaloes would return sontb, to revisit this "section the coming season. Soon after this, the first white death in this region, the camp was broken up and the lonely adventurers sorrowfully wended their way down the river.
The Earliest Settlement
The history of the early settlement of Fillmore county is not much unlike that of the rest of the State. When, in 1853, the title to the lands held by the Indians was extinguished, there commenced an immigration into the territory which amounted to a regular wave, like the broad swell of the Atlantic, and this kept at its flood until interrupted and broken by the panic of the fall of 1857, and since that time the immigration has been of a straggling character, made up mostly by people from the **old country."
A few settlements were made in the county in 1853, and on the first of January, 1854, according to a statement published in 1858, by J. W. Bishop, the following men and their families were the only white people in the county: A. W. Gray, F. Tillotson, Elijah Austin, J. W. Elliott, After Hoag, M. 0. St. John, W. C. Pickett, Daniel Pickett, Hugh Parsley, Thomas Ulatson, H. S. H. Hayes, Mr. Allen, Spencer Vincent, and John E. Parker. Our local town sketches show others who were here two years or so before this time.
Up to January, 1854, the county embraced what is now the counties of Houston, Winona,. Fillmore, and a part of Olmsted. For some time after that it included six townships on the north which have since been set off, and Chatfield was designated as the county seat. The years 1855, 1856, and 1857 was the period of the greatest immigration, and in 1858, there were supposed to be 11,000 people in the county.
The southern boundary of the county, which is also the southern boundary of the State, is the parallel 43 degrees, 30 minutes, of north latitude. The eastern boundary is very near the meridian of 15 degrees west longitude from Washington, or 82 degrees west from Greenwich.
To show how rapidly the county was settled up during the time from the Ist of August, 1854, to the 1st of April, 1858, the amount of land sold in the land ofBce is presented. Of course this includes all the land covered by this ofBice, which embraced at that time 3,500,000 acres surveyed, and 1,500,000 not surveyed. The sales were for cash, 440,384 acres, and for land warrants, 941,433 acres; total of 1,381,817 acres. The land warrant business was the greatest in 1856, when the number of acres placed by them was 568,193. These land warrants were given to soldiers who had served* in various wars, as extra pay, and were bought up by speculators in great numbers at low prices.
Some Early Settlers
Among the flood of first comers who were here previous to the Ist of January, 1856, may be noted the following, many of whom appear in other connections in this work, but some of them are mentioned in no other chapter. They were more or less important citizens at that time and will readily be placed by the survivors of that pioneer period : John I. Hubbard, Edwin D. Gere, A. T. Hayj Thomas Taylor, Thacher Blake, Hiram H. Wilder, Gulbrand Gulbrandson, Andrew Beauson, Aaron Newell^ Levi Bullis, Francis Inghram, Elias C. Koonty, B. F. Tillotson, Sylvanus Allen, Nelson Darling, Elijah Austin, A. P. Darling, George B. Gere, M. Wheeler Sargeant, L. H. Springer, David 0. Kennedy, M. G. Thompson, Grove W. Willis, Henry L. Edwards, Horace E. Loomis, F. A. Coffin, John Plumteaux, Charles B. Willford, Henry Goodman, Peter Peterson Boer, Oleson Guilbronson, Arthur Bome, Henry L. Edwards, J.. W. Sturgis, George W. Willis, Isaac Day, J. W. Elliot, David Dickerson, Wm. R. Elliot, Henry C. Wheeler, Andrew Cheney, Charles T. Lapham, Charles B. Kimball, Knud Johnson, Lars Tolifson, D. B. Baker, William Bucker, C. French, Charles Wilson, A. W. Fargo, Tulef Helgerson, Samuel F. Dickson, Charles B. Allen, Elijah Austin, Hugh Cox, Edwin Thayer, Harley B. Morse, John W. Sleepier, Wm. K. Tribue, Thomas B. Twiford, B. M. White, M. L. Edwards, James Nicholas, James Goudy, James M. Graham, Wm. Smith, Hans Johnson, Richard D. Bull, E. B. Jones, Harley B. Morse, Charles M. Foote, Charles Wilson, Columbia French, Samuel D. Short, Edwin Pickett, Joseph W. Brackett, G. B. Calder, George Provost, John Kingsbury, Nels Bareson, Thomas Armstrong, John R. Bennett, Andrew Gray, Alfred Clark, Jeremiah Clark, Enoch P. Wickersham, A. Oren, David Wisel, Justus Sutherland, W. H. Vaughan, D. W. Morrill, George McMaster, William Meighen, Benjamin Philbrick, Joseph Bisby, Joseph W. Crees, W. H. Strong, J. M. Jaquish, Harvey C. Marsh, Joel Fisher, John M. West,
Hi Story Of Ftl
The act establishing a Territorial government for Minnesota was approved on the 3d of March, 1849, and the Territorial Legislature convened on the 3d of September, 1849, The county was in the first district, which embraced the whole of the southern part of the territory, and it was repre' sented in the council by James S. Norris, who continued through the s ssion of 1851.
In 1852, the new apportionments placed this part of the State in the fourth district, and the member of the council for that year was Lorenzo A. Babcock. In the House the member was Fordyce S. Richards.
In 1856, Clark W. Thompson andB. F. Tilloteon were in the Council, and W. B. Gere, Samuel Hull* William F. Duubar, William B. Covel, and Martin G. Thompson in the Houss.
Case, W. J. Howell, John M. Berry, and M. G. Thompson were in the House. This was the last Territorial legislature, and the legislative district embraced Fillmore, Houston, and Monroe counties.
The constitutional convention contained fiftynine members, and met on the 13th of July, 1857. The members from this district wcre Alanson B. Vaughan, C. W. Thompson, John A. Anderson, Charles A. Coe, N. P. Colburn, James A. McCan, H. A. Billings, Charles Hanson, H. W. Hooley, John Cleghom, A. H. Butler, Robert Lyle, Boyd Phelps, and James C. Day.
Fillmore was the 9th legislative district and, in the Senate, was represented by Samuel Hull and John R Jones. In the House the members were T. J. Eames, Isaac DeCow, M. J. Foster, Henry Kibler, James M. Graham, and T. J. Fladeland.
In 1859-60, the Senators were H. W. Holley and Reuben Wells. The Representatives were A. A. Trow, A. H. Butler, W. Meighen, C. D. Sherwood, Daniel Dayton, and Hiram Walker.
In 18f 1, Fillmore became the 14th representative district, and H. W. Holley was Senator. A. H. Butler, C. D. Sherwood, and J. P. Howe were in the House.
In 1863, Dr. Luke Miller was Senator, and he served imtil 1868, inclusive, making six consecutive years. The representatives for 1863, were C. D. Sherwood, Hiram Walker, and William Chalfant.
Political Record
In 1872, a new apportionment went into effect, and Fillmore had two Senators and six Representatives. The Senators were Thomas H. Everts, and John Q. Farmer. Representatives, John Larson, A. H. H. Dayton, L. Botham. A. H. Trow, M. Egleston, and P. MoCracken.
In 1873, the Senators were T. H. Evertw and William Meighen. Bapresentatives, Arne Arneson, Horace Wheeler, Niles Carpenter. T. P. Baldwin, H. M. Daniel, and Peter McCracken.
In 1876, Senators, C. A. Conkey and William Meighen. Representatives. H. M. Onstine, O. E. Boynm, Tallak Brokken, C. Bobbins, George Andnis, and D. Rathbun.
In 1878, Senators, J. M. Wheat and 0. G. Edwards. Representatives, H. Christopherson, Daniel Currie, Hans Gunvalson, C. H. Colby, Francis Hall, and P. M. Mosher.
In 1879, the Senators were J. M. Wheat and C. S. Powers, and the Representatives, G. C. Grover, Ole O. Stedjee, Nels Ellertson, E. V. Farrington, J. N. Graling, and Peter McCraoken.
Fillmore county is in the 10th Judicial district. There have been but two judges, Sherman Page and John Q. Farmer. Charles D. Sherwood was Speaker of - the House in 1863, and John Q. Farmer in 1867.
Fillmore has been one of the most populous counties in the State, aside from those with the large cities, but it has never manifested particular greed for office.
Congressional
Fillmore county has always been in the First congressional district. During the decade of 1870, the district was as follows: Blue Earth, Cottonwood, Dodge, Faribault, Fillmore, Freeborn, Houston, Jackson, Martin, Mower, Murray, Nobles, Olmsted, Pipestone, Rock, Steele, Waseca, Watonwan, and Winona counties. Hon. Mark H. Dunnell is the Representative.
County Government
The county of Fillmore, when first organized, embraced the present counties of Winona, Houston, Fillmore, and a part of Olmsted. The first executive board was called County Commissioners. The first meeting of this board was, pursuant to law, at the Winona Hotel in Winona, on the 28th of May, 1853.
The board organized by electing H. 0. Gere, Chairman, and the members present were Myron Toms and W. T. Mark. They then proceeded to dispose of such business as came before them. Among their first official proceedings was the appointment of John lams as the Sheriff of the county, and to approve of the bonds he furnished in the penal sum of $500, with O. M. Lord and E. B. Drew as sureties. They next made a ^rand and petit jury list, and then adjourned to meet at the house of John Bums, on the 4th of June, 1853 At this date, however, the members were not all in attendance, and they again adjourned to the 4th of July, 1853.
At this tim3 the high water and impassable streams were too formidable obstacles for the Commissioners to overcome, and so the single member present, personally, and from force of circumstances, again adjourned the meeting until the following day, and in fact continued re- adjourning every day until the 9fch of July, when the water had sufficiently abated to allow the board to get together, which they did at the Winona Hotel, in Winona, on the 9th of July, 1853, all the members being present.
They then disposed of the first petition presented to the board. It was from Pleasant Valley, signed by ten legal voters, asking the board to establish an election precinct there. The petition was granted, and the following pioneers designated as the first judges of election, to-wit: John S. Looney, Joseph Brown,and G. W. Gilfillan. The election to be held at the cabin of John S. Looney.
Up to this time there was no lawful county seat, but the village of Winona was considered so by common consent, and the commissioners held their meelings there. This, however, was settled lawfully at the Commissioners* meeting on the 19th of December, 1853, when the matter was brought up, and, after considerable discus-sion, Chatfield was designated as the '^capital of the county."
All this business, besides other minor affairs, was simply to get the governmental wheels of the county in motion. The first election in Fillmore county was held on the 11th of October, 1853, and the following officers were elected: Wm. B. Gere, Begister of Deeds; John lams. Sheriff; Bobert Pike, J. C. Laird, and W. B. Bunnell, County Commissioners. These were the first regularly electevl officers of Fillmore county, and held for a term of two years. This board took their seats on the 7th of January, 1854, and in summing up the financial condition of the county, found that in the six months previous the organizing board bad allowed bills to the amount of $536.84.
Up to about this time the funds, and in fact all matters pertaining to the ccmnty, had been under the jurisdiction of the Register of Deeds, but it became evident that the duties of the Register were too arduous, and the Commissioners determined to appoint a person to have charge of the funds of the county, which they did in the person of James MeC lei Ian Jr., at their meeting on the 7th of April, 1854.
The entire county indebtedness on the Ist of January, 1855, was Sl,343.16. This was evidently reduced during the year following, for in the proceedings of the board of Commissioners on the 15th of January, 1856, it is found that tlie indebtedness of the county was only about $1,284.76. When the county of Fillmore was divided by the setting off of the counties of Winona and Houston, this indebtedness of the "consolidated county" was divided into three parts, and bills were presented to the commissioners oT the counties of Winona and Houston for their respective shares;
The district schools of the county at this time were in a flourishing condition, as will be seen from the number of scholars in the respective districts, as ascertAined by the reports of the district clerks to the County Commissioners, up to the 12th of January, 1856. There were then twelve district schools, and one village school. At that date there were the following number of scholars in the respective districts, to-wit:
County Seat Changed. - In the proceedings of the board on the 25th of April, 1866, appears the following : "The board ordered that the records and furniture of the county offices be removed to Preston, said point having received the largest number of votes at the election held in said county on the 7th of April, 1856."
At this time there was no office of County Auditor, the records of the board, and all t)ther business pertaining to the office of Auditor, being kept by a clerk of the Commissioners and the Register of Deeds.
At the meeting on the 6th of January, 1857, they appropriated $500 for the completion of a bridge over the main branch of the Root River, on the county road from Preston to Chatfield; $200 for the completion of a bridge across the north branch of Root River, on the territorial road from Mankato to La Crosse; $200 for the completion of a bridge across the south branch of Root River at Preston, on the territorial road from Rochester to Iowa State line; $200 for the completion of a bridge across the middle branch of Root River, on the territorial road from Elliota to St. Paul.
The board made the following bridge appropriations on the 8th of April, 1857: $200 for the completion of the bridge called the Forestville bridge, across the Root River at Forestville; 8125 for the completion of the bridge across Bear Greek, at or near Hamilton.
During the summer of 1858, the legislation of the county underwent a change and reconstruction. The board of County Commissioners being dispensed with entirely, and in their stead was placed a body of men termed County Supei^visors, which was composed of the Chairman of the township boards of Supervisors, one from each township, making twenty-four members in all. The first meeting of this board was held at the Stanwix Hotel in Preston, on the 14th of September, 1858, with all the members present, and proceeded to elect a Chairman in the person of Reuben Wells, Esq., of York township. This manner of legislation was sustained until some two years afterwards, when an act of the legislature dispensed with them, and again returned to the former mode of government, under a board of County Commissioners, three in number; experience having proved to their satisfaction, that it was too costly a luxury to have twenty-four men do the business that three might transact.
On the 23d of October, 1858, the board of Supervisors received notification from the Commissioners of Winona county, stating that that county was willing and would pay its share ($400) of the indebtedness of Fillmore county, prior to the setting off of Winona and Houston counties, heretofore mentioned, amounting to $1,200. A committee was appointed which settled the entire matter.
Court House. - In the proceedings of the board of Supervisors of Fillmore county at their meeting on the 17th of September, 1859, the board took up the Court House matter, and found that there bad been placed on file thirty-three individual bonds, together with deeds and leases from citizens of Preston, the deeds conveying thirty-six lots and four half lots in the village of Preston to the county. Also a number of deeds and leases from Carimona conveying lots in Carimona to the county, were received, examined and ordered recorded. All the bonds, deeds, and leases were conditioned that the county erect a Court House in the village of Preston, to cost not less than
For ten years or so after the county seat was jemoved to Preston, the board was kept quite busy in laying out roads and building bridges, listening to petitions and counter petitions in relation to these and like subjects. As a general thing, comparatively few of these applications for new highways were favorably considered. It must be remembered that the cost of road building in some places was very considerable.
The following are among the appropriations made in 1866 and '67, to assist different localities in building and repairing bridges: S200 to aid in building a bridge acrass the south branch of Root River near the village of Forestville, conditioued that the bridge cost about S600; 8100 to assist in building a b/idge across the Root River near Rushford, conditioned that a bridge be built worth at least $1,500; S300 to aid in building a bridge across the south branch of Root River in the town of Carimona, bridge to be worth about $900; S400 to aid in building a bridge on the public highway over Root River near the village of Rushford; $400 to aid in building a bridge over the north branch of Root River in the village of Chatfield, conditioned that a bridge be built worth $1,200; $200 to aid in building a bridge across the south branch of Root River at the foot of Fillmore street in the town of Preston, conditioned that a bridge be built worth at least $1,000.
On the 2d of July, 1868, the board made a contract with Burr Dauchy to build a house for the poor of Fillmore county, on the poor farm, and passed a resolution to the effect that the sum of $2,000 be appropriated for this purpose. At their meeting on the 4th of September, 1868, an additional appropriation of $3,000 was made for the purpose of purchasing stock, furniture, and other necessary articles for use on the County jjoor farm.
In the meeting of the board on the 5th of September, 1868, is found the initiatory move in regard to a county jail. The following is the gist of a resolution passed by them on that date:
"That the board of Commissioners of Fillmore county will, for and in said county, erect a new county jail for the safe keeping of prisoners, and that a commitiee of the following members of the board, to- wit: D. B. Coleman, Orsin Holmes, and W. A. Pe^se, be appointed to select and purchase ground for a site for said jail, and to procure plans and specifications, determine upon and ar- range details, and execute a contract for building said jail, and that there be issued bonds of the count J to an amount not exceeding $8,000, for the purpose of building and furnishing said jail."
Two months later the board appropriated the sum of $750 from the county fund for the purpose of paying for lots on which to build the county jail, and to get plans and specifications.
The jail having been completed, the bonds in payment thereof were issued - $4,000 on the 10th of May, 1869, and $4,000 on the 31st of August, 1869.
In the spring of 1869, the Oonmiissioners made the following bridge appropriations: $400 to aid in building a bridge across the north branch of the Boot Biver in the town of Ghatfield, at or near the Peaseford; the bridge to be worth about $1,200; $200 to aid in buiJding a bridge across the south branch of Boot Biver at the village of Forestville, provided that a bridge be built worth about $600; $400 io aid in constructing a bridge across the middle branch of the Boot Biver in the town of Ghatfield, near the residence of G. W. Sawyer, conditioned that a bridge be built worth at least $1,200.
When the county was first organized the Auditor's work was attended to by the clerk of the board of County Commissioners. The following is a list of the clerks of County Commissioners and Auditors, conmiencing in 1853; viz:
H. B. Stall, C. P. Buck, William B. Gere, S. B. Murrell, and George W. Willis, clerks; H. D. Bristol. John S. Marsh, Niles Carpenter, C. H. Conkey, Aldis Bartlett, and George W. Hard, Auditors. Mr. Hard was elected in 1877, and has since been re-elected three successive terms.
The first naturalization papers in Fillmore county, were issued on the 11th day of October, 1853, to ELnnt Oleson, of Sweden, who in due form and upon oath, declared that he arrived in the United States on the first of September, 1850, and that it was his intention to become a citizen of the United States, also that he renounced all allegiance to any foreign prince or sovereignty, particularly Charles John, King of Sweden. The document was signed -
Others who were among the first to obtain naturalization papers were, Peter Oleson, of Sweden, Oliver P. Knox, of England, John Larson, of Norway, Matthew Ward, of Ireland, etc., etc.
County Poor Fabh. - This establishment contains 396 of very desirable farming land, located on the town hue between Canton and Amherst, in sections four and thirty-three. The larger part, 240 acres, being in Amherst, a large portion oi which is fine prairie land, while the buildings are in Canton, where the surface is more undulating. This land was preempted by B. F. Tillotson in 1853, and was sold by him to the county in the sprmg of 1868. The price was $9,000 for the farm and a small amount of personal property. The property, since that time, has been improved' by the erection of a main building, two and one-half stories high, and a stone basement, at a cost of $2,625, with bams, sheds, oom-cribs, and other outbuildings, which make a fine appearance, as the building is painted and makes a pleasant contrast with the foliage of the hillside. Water is supplied to the stock from a stream on the north side of the farm, from a spring nearer the buildings, and also from a well near the house. The water to supply the house is brought directly into it, from a clear spring issuing from a bank in the rear.
There are now eleven county inmates. The first man in charge was J. H. Tedman, and he was followed by G. R Cooley, O. D. Heiks, and A. Herrick. In the spring of 1881, S. Anery took charge and still remains. There are 275 acres under cultivation, the rest being light timber. Special attention is given to raising com and stock. There are seven horses, thirty-two homed cattle, and large numbers of hogs. The place is well managed.
Present County Officers. - G. W. Hard, Auditor; W. A. Nelson, Treasurer; H. C. Gullickson, Begister of Deeds; E. V. Farrington, Judge of Probate; N. Kingsley, Attomey; A. D. Gray, Clerk of Court; S. A. Langum, Sherifif; Thad. Wilkins, Deputy Sheriff'; Beuben WeUs, Court Commissioner; John Brady, School Superintendent; Jerome Utly, Chairman of Commissioners; Martin A. Maland, M. L. Potter, B. M. Foster, and E. Stevens, Commissioners.
Hamilton and Edwin Flint, pledging two yearling colts to secure $100. E. H. Murray was the witness. The next mortgage was two cows by E. K. Dyer to secure O. Knudson in the sum of $35, and the instniment bears date of the 25th of J anuary, 1854. Walter N. Webster and Lawrence Lynch were the witnesses.
Abstbact of Titles. - Fillmore county has one of the most complete and carefully compiled abstracts of title of any county in the State. It was compiled and is owned by Lars O. Hamre, who was assisted in this laborious work by O. O. Dibble, now a resident of Albert Lea. This undertaking was commenced in 1875, and was only completed in 1880; at a cost, at a moderate estimate, of $4,000. It constitutes a library in itself of over one hundred large volumes. It is kept in the vaults at the Court House in Preston, and is of great value on account of its reliability.
District Court. - Under the Territorial Government Fillmore county was in the second district, and the first court was held at Chatfield on the 28th of May, 1853. Andrew G. Chatfield was Associate Justice of the Court; George M. Gere was the Justice of the Peace who assisted; John lams the Sheriff in securing the juries and organizing the court. Andrew Cole, Esq., was appointed District Attorney. The first grand jury summoned in the county was as follows: James
F. Toms, Myron Toms, Nathan Brown, Willard B. Bunnell, H. Carroll, Henry C. Gere, William J. Luark, George H. Sanborn, Harry Hubbard, Isaac Hamilton, O. J. Holbrook, Wm. B. Gere, J. A. Houck, J. A. Putnam, E. B. Drew, T. R. Allen, E. Chapman, A. A. Gilbert, A. P. Hall, and Robert Taylor. J. M. Willis was appointed Clerk of the Court.
The first marriage license issued, after Minnesota became a State, according to the license record of the county, was issued on the 3l8t of March, 1858, to Ole Gunderson and Mary A. Blackburn. Returns show they were married on the 4th day of April, 1858.
The records show that since the organization of the county, thera has been 4,170 marriage licenses issued to different couples, of which , returns show that ninety-nine out of every one hundred have been married.
The first record of marriage in Fillmore county, was in July, 1856, before the territory was made a State, and before license was necessary. The record is as follows:
"Territory of Minnesota, I County of Fillmore. \ This certifies that on this 16th day of July, A. D., 1856, Mr. David M. Everett, of Stephenson county. 111., and Miss Jerusha E. Denny, of Fillmore county, Minn. T., were joined in wedlock by the undersigned in the presence of Clara I. Hayes, and Maria Lamb. * * i examined Mr. David M. Everett under oath and found no impediment to such marriage.
The First Appeal. - The first case appealed from the district court to the supreme court, from Fillmore county, was the case of Henry C. Gere, appellee, vs. John C. Laird, appellant, and the case was decided finally in favor of the appellant.
Sharp Practice. - A story is told of a man who was under arrest for violating the game laws of the state of Minnesota, this was after it became a State, and there was ample evidence of the guilt of the accused. But the defendant's attorney was equal to the emergency. It so happened that the laws of Wisconsin were unlike those of Minnesota, and if the alleged act had been committed in Wisconsin at that time, it would have been no crime, so our sharp lawyer t)orrow8, under one pretense and another, the few copia*? of the statutes in the place, and taking his own copy cuts out a leaf and substitutes the Wisconsin law, and boldly going into court demands a preemptory dismissal
A Vigilance Committee
In the early history of the county, the- pioneers suffered severely from the depredations of thieves* This was tolerated from 1856, when it commenced, up to 1858, when the ordinary and traditional forms of law having utterly failed to protect the people, it was determined to reassert the right of self government, by organizing for mutual protection, and practically setting aside the authorities to whom had been delegated the duty of conserving the public welfare.
The necessity for prompt action becoming imperative, a few determined persons met in Hamilton at the residence of W. W. Beers, and proceeded to organize by the adoption of rules and solemn pledges to act under the laws if possible* but at all events to rid the community of the thieves and robbers. There was some hesitation in view of the seriousness of the undertaking, but Dr. William H. Dean took the pen ami affixed his signature to the articles of agreement, and he was followed by W. W. Beers, Chas. D. Sherwood, C. Davis and H. J. Beers. Once started the membership rapidly increased, spreading all over the county. The gang upon which the war of extermination was to be waged, was equally well organized, with ramifications extending into other counties and into Iowa. Ostensibly honest farmers were connected with the stealing operations, and afforded facilities for concealing stolen property and protecting the thieves, and even to retaliate upon those who sought to recover property or to punish the phmderers.
The gang had been stealing from Mr. William Canfield, and he filed complaints against the perpetrators, but one morning he was called out by some of the ruffians and shamefully beaten aud maltreated. The committee tooJx up the matter and the men were arrested, and cautiously fined a small amount.
The assurance of this gang became intolerable, a farmer going into town and leaving his horse hitched in front of a store was not certain of finding him on coming out, and persuit would carry the party into Iowa to be lost as to further traces of the property or criminals.
There were some exciting adventures participated in by these vigilante. On one occasion Mr. Beers rode down into Iowa on a reconnoisance and took dinner at a house which was evidently a rendezvous of the gang, and discovered a saddle and a wagon that had l^een stolen from his neighborhood. He returned by a circuitous route, and the next night twenty -five armed men went do^n there, surrounded the house, and succeeded in capturing two of the desperadoes, Wells and Hartwell, and another by the name of Spike escaped. He was wanted in a murder case. After a severe contest Hartwell was sent to State Prison, but Wells was discharged.
About this time the committee received information that one of the outlaws was in the house of a certain Justice of the Peace in the town of Jordan, and the place was promptly raided, and the criminal found in bed with the wife of the said J ustice ! He was promptly taken into the woods and became the central figure of a nocturnal matinee. He proved to be a fellow of considerable "sand" and refused to "squeil" upon his companions until he had been whipped, choked, kicked, and cuffed to the very edge of the river Styx, when the danger of crossing that horrid stream became imminent, he confessed what he knew, and was released.
Wells was again kidnapped in Iowa and brought up to Pleasant Grove. Tliomas Lake, who was afterwards Treasurer of Mower county, fatted a calf, and invited his friends to a veal dinner, but the night before it was to have been slaughtered it was stolen, it is not imlikely by one of his expected guests. It was not safe to leave cattle out at night, but by vigorous measures, like those related, the country was finally rid of this species of organized stealing.
Provenance
Text from History of Fillmore County, Including the Explorers and Pioneers of Minnesota, published 1882, in the public domain in the United States and digitised by the Internet Archive.