United States Government be, and the same is, hereby created and organized into a new county to be called Hamilton. "Sec. 2. All the estate of which the county of Webster is now seized shall belong to, and the county be seized thereof to its own use, in which such real estate may be situated, after the division by the organization of such new county. "Sec. 3. The said county of Webster, and said county of Hamilton, shall both be and remain liable for any and all indebtedness existing against the county of Webster, at the time this act takes effect, to the same extent as if this act had not been passed, and the money rights and credits or other personal property belonging to the said county of Webster at the time this act takes effect, shall be apportioned between said counties, in such manner as shall be just and equitable. "Sec. 4. For the purpose of ascertaining and fixing upon such apportionment of money, rights and credits, or other personal property provided for in the preceding section, the Governor shall, on the complete organization of said county of Hamilton by the election of county officers, and upon the request of the county Judge of said county of Hamilton, form a Commission who shall meet at a time to be fixed by the Governor, at the County Seat of Webster County, and make such apportionment of said money, rights and credits or other property above mentioned, as to them shall appear just and equitable. The decision of said Commissioners or any two of them, shall be final, and such decision shall be reduced to writing, and signed by the Commissioners making the same, and a Commissioner to be appointed by the Governor, shall, before proceeding to act as such, take and subscribe an oath for the faithful performance of his duties. "Sec. 5. Said Commissioners shall each receive three dollars per day, for every day they shall be actually employed in making such apportionment to be paid by the county of Hamilton. "Sec. 6. At the next April election after the passage of this act, there shall be elected by the qualified voters, residing within the county of Hamilton, the same county and township officers as are now allowed and required by law in organized counties: Provided, township officers shall be elected only in cases where an election would have taken place had this act not been passed; And further provided, that the said county officers so elected shall hold their offices as if elected to fill vacancies. The votes cast at such election shall be returned to and canvassed by the county Judge of Webster county who shall canvass the same, and notify the persons elected of their election. The person elected county Judge of Hamilton County shall qualify before the county Judge of Webster County; and when so qualified, the organization of said county shall be deemed complete. The expenses of said election shall be paid by the county of Hamilton. "Sec. 7. The Judge of Hamilton County may, whenever he shall deem it expedient so to do, cause to be transcribed so much of the public records of the county of Hamilton, and the copies so made, if duly certified to be true and correct copies by the proper officer having the original records in his custody as a public officer, at the time of so certifying, shall be received by all Courts with like effect as if the original records were offered in evidence. "Sec. 8. Webster City is designated as the county seat of Hamilton County, subject however to the provisions of the general law relating to the re-locating county seats. Vol. I-5 "Sec. 9. This shall be in force from and after its publication in the Iowa City Republican and Fort Dodge Sentinel. Approved 22nd Dec., 1856. "I certify that the foregoing act was published in the Iowa City Republican and in the Fort Dodge Sentinel, Jan. 8, 1857. "ELEJAH SELLS, Sec'y of State." CHOOSING THE NAME The county was named Hamilton in honor of Judge Wm. W. Hamilton of Dubuque, who was president of the senate, and who rendered Mr. Willson much valuable assistance in securing the passage of the act. We cannot find that the question of a name for the new county was ever discussed among the settlers and it is probable that it was generally supposed the old name of Risley would have to be adopted. But Mr. Willson felt very grateful to Judge Hamilton for his kindly and efficient assistance in preparing and securing the passage of the act, and the new name was received by the settlers with great satisfaction and was liked much better than the original name of Risley had been. FIRST HAMILTON COUNTY ELECTION In accordance with this law, the first election of officers of the new county of Hamilton was held on the first Monday in April, 1857, at which there were 347 votes cast as follows: County Judge-J. D. Maxwell, 204. Hampton Corbin, 143. Wm. R. Daniels, 139. Alex Turner, 142. E. Lakin, 44 School Fund Commissioner-J. W. Payne, 188. J. H. Cofer, 152. The above are the returns as certified by the commissioners of election, but as Elisha Lakin appeared a few days after the election and qualified for the office of coroner, it is probable that the transcript is in error. All of the officers were elected to serve only until the August election, except assessor and drainage commissioner, who were commissioned to serve for two years, and coroner for one year. R. D. Remington resigned the office of assessor on June 20 and on June 30, 1857, Judge Maxwell appointed J. C. Pemberton to fill the vacancy. Thornton Parker and B. D. Jewell were elected justices of the peace of Boone township at this first election. Elisha Lakin and A. O. Hall for justice of peace for Clear Lake township; Wm. Weaver, justice of peace for Webster township, and if Cass township elected such an officer the record does not disclose the fact. A correspondent to the Dubuque Express and Herald under date of February 19, 1857, wrote a long article upon Webster City and its prospects which was afterwards copied in the Hamilton Freeman and from which we quote as follows: WEBSTER CITY IN 1857 "A spacious and handsome frame hotel sixty feet front by thirty feet deep, two and a half stories high, has been erected and furnished by Messrs. Millard and Browning. This is one of the best built, and best designed hotels in the western country and is the largest west of Independence." (This was the main building of the present Park House.) The water power is an excellent one and has been finely improved by Messrs. W. C. and S. Willson. One large saw-mill (water power) with nine feet head with a rose wheel propelling one upright, and two buzz saws, with turning lathe, boring and morticing machine. This mill, owned by W. C. and S. Willson, will saw eight thousand feet of lumber in twenty-four hours. One large steam sawmill, fifteen horse power, with fine machinery, is capable of sawing twelve thousand feet of lumber in twenty-four hours. The enterprising proprietors are Messrs. Fenton, Funk & Co. S. B. Rosencrans, Esq., a member of the firm, personally superintends the mill. J. M. Funk, Esq., of the same firm, owns a large amount of town property, and is a valuable and enterprising citizen." MERCANTILE W. C. Willson, general merchandise; Robertson & Barton, ditto; D. O. Laughlin, do.; T. W. Solsberry, do.; Rhodes & Halsey, druggists. LAND AGENTS-Wadsworth & Baum, C. Smith, E. Huntington, Morgan Everts, Garnut Parker. NOTARIES PUBLIC-J. J. Wadsworth, A. Moon, C. Smith, E. Huntington. MUSIC TEACHER-Mr. P. Page. PHYSICIANS-Dr. A. C. Baum, Dr. Benedict, Dr. Jewell. MECHANICS-Sackett & Sons, carpenters and joiners; Babcock & Mason, cabinet-makers; Sage & Bros., masons; Chambers, wagon maker; Robt. Furgeson, blacksmith. RELIGIOUS-One Presbyterian organization, Rev. Mr. Dodder, pastor; one Methodist organization, Rev. Mr. Day, pastor. A public school building has been built, which cost $1,000, and a large and prosperous school is now in operation, taught by Mr. N. Hathway. One lodge, Good Templars, and an excellent lyceum is established. HOTELS-Western Hotel, A. Moon; Webster City Hotel, by Millard & Browning; City Hotel, by H. Kellogg. POSTOFFICE STATISTICS-J. J. Wadsworth, Esq., postmaster. This office was established December 3, 1855. The gross receipts for the quarter ending March 31, '56, were $14.54; gross receipts for the quarter ending December 31, 1856, were $65.09, showing a surprising increase which fully indorses the prosperity of the town. There were tri-weekly mails from Dubuque; also from Iowa City; also a weekly mail route is established from this point to Belmond, county seat of Wright county. This office is neatly fitted up and has one hundred and twenty boxes. Improved lands within three, six, ten miles, range from $10 to $15 per acre. Wild prairie lands range from $3 to $8 per acre. Timber land from $20 to $30 per acre." CHAPTER V THE SPIRIT LAKE MASSACRE THE MASSACRE-THE RELIEF EXPEDITION COMPANY "C" ORGANIZED LIEUT. JOHN N. MAXWELL'S STORY-INK-PA-DU-TAH, THE OUTLAW-DEPREDATIONS IN CLAY COUNTY-INDIANS AT THE GARDINER HOME-THE INDIANS AT THE MATTOCK HOME THE HOWE FAMILY MURDERED AT THE MARBLE CABIN-THE MASSACRE DISCOVERED TRIALS OF THE PRISONERS-THE INDIANS AT SPRINGFIELDTHE FLIGHT OF THE FUGITIVES-RECOLLECTIONS OF F. R. MASON-DEATH OF CAPTAIN JOHNSON-THE GREAT INDIAN SCARE-THE FRONTIER GUARD. By F. Q. Lee THE SPIRIT LAKE MASSACRE On about the 8th of March, 1857, Ink-pa-du-tah, a Sioux renegade, with about forty followers, made an attack upon, the settlements at Spirit Lake and killed or captured everyone found there. This massacre was perhaps the most horrible affair that has ever occurred in the history of Iowa, and on account of the intense impression it made on the minds of our people, it properly becomes a part of our history. Ink-pa-du-tah was a nephew of old Si-dom-i-na-do-tah, the Sioux chief, who was murdered by Henry Lot in 1854, and some authors are of the opinion that the death of the old chief was the proximate cause of the Spirit Lake horror. Other causes are assigned and perhaps a discussion of causes will be more appropriate after a description of the affair itself has been given and its connection with Hamilton county history more fully shown. THE RELIEF EXPEDITION It was not until the 22d of March that the news of the massacre reached Webster City. A meeting of citizens was immediately called and volunteers to go to the relief of the settlers at the lake called for. Nearly everybody volunteered. As it was not thought advisable for so many to go, especially as the whereabouts of the Indians was not known and they might at that moment be moving to attack Webster City, and the settlement north; it was decided to send thirty of the youngest and strongest men. Judge Maxwell was appointed to select the men from the many who had volunteered. The volunteers were therefore drawn up in line, and the following were selected: John C. Johnson, John Maxwell, Frank Mason, Harris Hoover, A. N. Hathway, Sherman Cassady, A. |