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EARLY HISTORY OF WAUPACA, WISCONSIN

 

BY FREEMAN DANA DEWEY

The First Settler at Waupaca Falls

 

 

 

                                                            TO MY READERS     

 

 

     Upon my arrival at Waupaca, in 1849, I began recording the important events as they transpired in a book kept for that purpose.  In 1855 some unknown person entered the house where I was stopping, broke open my trunk and made way with my book.  Since that time I have rewritten it and have kept it fresh in memory by oft repeating it.  The time has now arrived for the events of the early days to be commonly known, so I have decided to present the facts to you in book form.  In compiling this volume great care has been exercised in giving facts, dates and places.

 

        Hoping this may be of interest to you all, I am,

                     

                                                Yours Respectfully,

                                                                                    Dana Dewey

 

 

 

 

                                             

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EARLY DAYS

 

CHAPTER 1

 

HOW WAUPACA CAME TO BE THE COUNTY SEAT

 

 

In a late issue of the Waupaca Republican the following article written from Weyauwega, was published:

                                            

THE “CORRECTION” CORRECTED.

 

     Mr. Editor:  In the Republican of the 4th inst., I noticed an article headed “A Correction” over the signature of D. D. which I think would bear a little correction.  He says the county seat of government of Waupaca Co. was established by the legislature in Mukwa in 1848, and the first register of deeds was James Smiley, elected in April, 1850, that all the voters of the county went to Mukwa to vote, and at that time they voted to change the county seat to Waupaca, all of which statements are incorrect.  In 1850 Post Offices at Waupaca, Weyauwega, Lind and Greenwood were established, and all were located in Winnebago County.  In February or March 1851, the law organized the town and county of Waupaca:  (covering the same territory) was passed which, after describing the boundaries, provided “the county seat of said county shall be temporarily established at the village of Mukwa and the first election for town and county officers shall be held at the house of Horace Ralph, in said village on the first Tuesday of April next, and that two years from the next annual election, the electors of the county shall vote for the permanent location of the county seat.”  In compliance with this law an election was held at the time and place designated, and the county officers elected were David Scott, chairman; Tyler Caldwell, Peter Meiklejohn, supervisors; Simon C. Dow, treasurer, W. G. Taggart, surveyor; John M. Vaughan, sheriff, was voted for and declared elected, but it was held that a county not organized for judicial purposes was not entitled to a sheriff or clerk of court.

     At the annual town meeting in April, 1853 a few votes were cast at Waupaca, and a few at Little Wolf for removal of county seat to Waupaca, but as no notice of any such election was given, it was generally understood that the fall election in 1853, was the time contemplated by the organic law, no votes were given on that subject in any of the other towns.

     At the first meeting of the county board in 1853, composed of one supervisor from each of the seven organized towns in the county, a resolution was passed directing the removal of the county offices in Waupaca, which order, not being promptly obeyed by the Register of Deeds, James Smiley and Treasurer Simon C Dow, they were arrested and sent to the Portage county jail.

     No other vote was taken upon the location of the county seat till the fall election of 1855, at which election the proceedings were about as creditable or discreditable to some of the towns a some of the occurrences of later days that we read of in some of the Southern states.                            Respectfully,

                                                     ONE WHO KNOWS.

 

    Everybody seems to know exactly how the county seat of this county came to be located at Waupaca, but many are mistaken in their knowledge.  To correct such mistaken notions and to give the facts as they actually occurred, I have written the following short history of the “county seat” matter.  Beginning at the organization of the county under the organic act, I follow down to the time of the building of the present Court House.

     In the spring of 1848 Outagamie county was surveyed out and annexed to Brown county for judicial purposes.  At the same time Waupaca was apexed to Winnebago county for judicial purposes.  By the organic act the surveyors were instructed to locate for two years only, the county seat at some point on the bank of the Wolf river.  All the towns now in this county and five towns of range 10, in Portage county, joining Waupaca on the west, and four towns of range 15, joining Waupaca on the east were formed as one town called Waupaca.  This town, as I have said, was joined to Winnebago county for judicial purposes.  The surveyors located the county seat at Mukwa, at which place the electors of the town were to meet on the first Tuesday in April, 1950, to vote for town and county officers who should hold their offices for two years or until their successors were duly elected and qualified.  At the same place and at the same time a vote was to be taken on the permanent location of the county seat.  On the first Tuesday in April, the election before mentioned was held.  Most of us from this side of the county were obliged to walk or ride after ox-teams.  The polling place was the tavern of Horace Ralph.  As soon as the meeting was called to order we proceeded to the election of officers.  In order that the officer might be evenly distributed throughout the county, combinations were made.

     After considerable figuring we elected S. F. Ware, county judge; David Scott, chairman; John Phelps, of range 10, and Tyler Caldwell, side supervisors; James Smiley, register of deeds; Chas. Gumaer, clerk of court; J. M. Vaughan, sheriff, and J. B. Hibbard, constable. As the county was not organized the officers Gumaer and Vaughan were not needed.  Mr. Vaughan did not qualify but Mr. Gumaer was bound to have his office, qualified and held on to it “like a puppy to a rock.”

     After the election of officers was completed we proceeded to vote for the location of the county seat.  There were present just one-hundred voters.  Twenty of these voted for Mukwa, the remaining eight voting for Waupaca.  We had made Waupaca the county seat by sixty majority.  Both these votes were taken in the forenoon and we were to remain there for dinner.  The men of Mukwa were of course much provoked that they had lost the county seat, and they went so far as to threaten that we would not be allowed to eat at the first table at dinner.  We had beaten them once and were determined not to be cheated out of our dinner in that style.  As soon as the landlord’s motions indicated that dinner was ready we made a break for the tables and again came out ahead.  While we were at dinner some unknown person took the ballot-box and all records of the election and hid them under a tree, so I learned some time afterwards.

    The following is the act incorporating Waupaca county,

 

AN ACT TO INCORPORATE THE COUNTY OF WAUPACA

 

     The People of the State of Wisconsin represented in Senate and Assembly do enact as follows:

 

     SEC. 1,     That all section of country lying and being within the following described boundaries, to wit:  Beginning at the north line of towns numbered twenty, at a point where the range line between ranges fourteen and fifteen crosses said line, thence north to the north line of towns twenty-four:  thence east to Wolf river; thence up the channel of said river to the north line of towns twenty-five; thence west to the line dividing ranges ten and eleven; thence south to the north line of towns twenty; thence east to first mentioned point; shall be and is hereby set apart and shall constitute a county with all the rights and privileges of other counties and shall be known by the name of Waupaca county, and shall be, for the time being, attached to the county of Winnebago for judicial purposes.

     SEC. 2,     The county seat of said county shall be temporarily established at the village of Mukwa, and two years from the next annual election, the voters of said county shall vote for the permanent location of the county seat, and that place receiving a majority of all the votes cast shall be the county seat of said county.

     SEC. 3,     The first election of all officers to which said county will be entitled shall beheld at the tavern of H. Ralph in the village of Mukwa, on the first Tuesday of April next, and all officers elected there-at shall hold their several offices until the first day of January next ensuing and until their successors are duly elected and qualified.

     SEC. 4,     Said county shall constitute one town, and for all town purposes shall be known as the town of Waupaca, and under such name shall be entitled to all the rights and privileges heretofore granted by law to other organized towns:  the election for town officers shall be held at the tavern of the aforesaid H. Ralph, in the village of Mukwa, on the first Tuesday of April next, and shall hold their offices for the term of 12 months thereafter, and until then successors are duly elected and qualified; there shall also be elected in said town at the election herein named a Town Clerk, Treasurer and Assessors who shall hold their said offices for term of 12 months, and until their successors are duly elected and qualified said town Supervisors herein provided for shall hold their meetings at the tavern of the aforesaid H. Ralph in the village of Mukwa until otherwise provided by law.

     SEC. 5,     That the county of Waupaca shall pay unto the treasurer of Winnebago all costs, fees, charges and expenses that shall be paid by the county of Winnebago, that may accrue in consequence of any prosecution, conviction, imprisonment or proceedings whatever against any person charged with any crime or misdemeanor within said county of Waupaca; and the supervisors of the county of Winnebago may sue and collect the same from said county of Waupaca, in any court of competent jurisdiction.

                                    FREDERICK W. HORN, Speaker of the Assembly.

                        DUNCAN C. REED, President protempore of the Senate

Approved Feb 17, 1851,                                                 NELSON DEWEY

 

     After the passage of this act in ‘51 the eastern part of the county receded from the organization and formed a separate county organization for themselves.  The line dividing these two parts, or Eastern and Western Waupaca, followed:  starting at the north line of the county, south on the town-line between Helvetia and Dupont and Union, south between St. Lawrence and Little Wolf, thence east between Little Wolf and Royalton to the middle section-line running south, thence south on said line to Weyauwega, thence west to Lind, thence south, taking in a strip of Lind about one and one-half mile, wide, to Fremont.  This last named town was left on the west side and favored Waupaca.  After this division of the county no returns of election were made from the eastern side to Waupaca, until they united in 1854.

 

     In 1852, Western Waupaca re-elected S. F. Ware, Judge, and elected Myron Boughton, chairman; Chas. Redfield, Register of Deeds; Wm. Thompson, Sheriff; J. H. Jones, Clerk of Court; Wm. Hibbard, Justice of the Peace; J. B. Hibbard, Constable.  Phelps and Caldwell held over.  This set of officers held for two years in Western Waupaca.  I do not know who the eastern officers were, with the exception of James Smiley, who as will be seen by the following letter was elected Register of Deeds in ‘52.  The following is a copy of the letter written by Mr. Smiley to Mr. O. T. Hambleton in reply to the question as to where he was elected Register of Deeds:

 

                                                                                    Northport, April 21, 1884

     O. T. Hambleton, Esq., Sir:  I received yours of the 15th, wanting to know what year I was elected Register of Deeds.  On the first Tuesday of April 1851, the election of county officers for Waupaca was held at Mukwa.  W. G. Cooper was elected Register and appointed me deputy, and I done the business of the office until the fall election of 1852 when I was elected Register and held the office for two years.  At the same election one Redfield from Waupaca run and was declared elected Register at Waupaca.  We had a double set of officers in the county.  It was called the “Double Barreled count.”  When a deed would be recorded at Mukwa they would take it to Waupaca and have it recorded there.                                   Yours Resp’ly, &c.

                                                                                                James Smiley

 

     Mr. Smiley says that the spring election was held in ‘51 but as our officers were elected in ‘50 and held for two years, we held no election until the spring of ‘52.  They probably did have an election in the spring of ‘51 but we knew nothing about it.  In the spring of ‘53 the vote for the location of the county seat was taken as required by the organic act.  At this election Waupaca received a majority for county seat.  How large a majority we do not know.  Mellen Chamberlain the only officer voted for was elected clerk of court.  James was elected in ‘52 and would have held his office until ‘54 but we found out that a scheme was laid to induce him over to the eastern part of the county to make him sign papers to the effect that Weyauwega was the county seat.  To break up this scheme we elected Chamberlain, and as soon as he was elected Jones resigned and Chamberlain qualified.  After Smiley was released from Portage county jail, as mentioned by “one who knows,” he told his story to O. E. Dreutzer, and got him to assist in securing the county books and records.  Dreutzer induced Judge Ogden, then of Ogdensburg, to secure the books and take them to Smiley.  Under the pretense of looking up a record Ogden got hold of them and took them to Smiley’s residence in Mukwa.  This was the last Waupaca saw of the records until Smiley was elected in the spring of 1854, when he brought them to Waupaca.  The books say that Dreutzer was Register in ‘54 but he was not; the records were tampered with to make it appear that he was Register.

     J. J. Jones, (commonly called “Monkey Jones,”) was elected County Clerk in the spring of ‘54.

     “One who knows” would carry the idea that Simon C. Dow was put in jail at the instigation of the western part of the county.  He would convey a wrong idea.  Dow was a resident of Eastern Waupaca, but favored Waupaca for county seat.  To make him sign papers declaring Weyauwega the county seat, they had him arrested and sent to the Portage County Jail.

     In 18564 the county was divided into towns as it now is, with the exception of Matron which was attached to Shawano county.  The four towns in range 15 were taken from Waupaca by Outagamie when she was made a county  in 1850.  The towns of range 10 now in Portage county voted to come in to this county, but interested parties stole the ballet-box and that ended their efforts to become part of Waupaca county.  In ‘54 we elected David Scott member of Assembly and Judge Alban Senator.  Weyauwega not being satisfied with the previous votes on location of county seat, got David Scott to get an act through the legislature to the effect that we take a vote on that question in the spring of ‘54.  This he accomplished for them.  The vote was taken at the spring election and Waupaca carried the day by 60 majority.  James Smiley was elected Register of Deeds.  Robert Meiklejohn ran for sheriff, opposed by Lyman Dayton.  Dayton was declared elected, although there is a record, undoubtedly from the eastern part of the county, which says that Robert Meiklejohn received d117 votes to Lyman Dayton 9.  This was signed by J. Fordyce.  below his signature were the words for removal of county seat, and against removal of county seat, but no figures appear after these words.  Anyway, whether the returns were made out properly or not, the majority for Waupaca was declared at 60.  The result in favor of Dayton was very disagreeable to the eastern part, but was well received in the western part.  Old sectional animosities had not been completely eradicated, and at being beaten more profanity was indulged in by the politicians of the eastern side of the county than has ever been done since in the whole county.  In 1854 the county board held an entire session at Weyauwega.  After the board had adjourned James Smiley, George Moore and some others sent a constable after, and with authority to bring Mellen Chamberlain before them.  When the constable returned with his man they organized a meeting and James Smiley was elected chairman pro tem, George Moore was elected permanent chairman.  This August assembly of wise heads from the eastern side of the county, turned Mr. Chamberlain out of office on no other pretext than that he was unfortunate enough to be a resident of the western part of the county, and because they had heard that we intended to remove Jones; this meeting was held and this business transacted on Dec. 24, 1854.

     In  the spring of ‘55 we elected town officers as usual, having elected our county officers the year previous.  At this election Weyauwega voted on the removal of the county seat, not having authority for so doing.  She took particular pains to hide her acts from us, but her scheme did not work.  Ezra Fortner happened to go to Weyauwega very early on election morning, and, upon finding out their plan, hastened back to Waupaca, and informed us that they were voting for removal of county seat.  At this notice N. P Judson and Wm. Cameron took their teams and brought in every voter they could find in the town. At night when the votes were canvassed it was found that Waupaca had a handsome majority. Weyauwega had again been left at her own game.  As cats cling to life, so did Weyauwega cling to the county seat matter.  As soon as they found that their silent scheme had been frustrated they declared in stentorian tones that the law stated that the vote on county seat should be taken the next fall, and that it made no reference to a vote being taken at the spring election.  In the election returns for the spring election Weyauwega gives no figures on the removal question, a fact not to be wondered at.  In the fall of ‘55 a portion of the county board served notice on  Judge G. W. Cate to hold court at Weyauwega, the county seat as they called it.  At the time of the serving of the notice Judge Cate was holding court in the old Methodist church of this place.  M. H. Sessions learning what was in the air took the Judge for a pleasure walk up main street.  During this walk he convinced the judge that only a minor portion of the board had issued the order and that Waupaca was rightfully the county seat.  When, after their return, the Judge called the court, he said, “Gentlemen, I have been notified by the county board to hold my courts at Weyauwega; but such notice coming  only from a minor part of the board, I shall not comply with the demand.”  Wm. Waterhouse with great bustle reached for his hat, left the room, and was over heard to say as he left the building, “Sold by G-d.”  Weyauwega was again foiled in her attempt to steal the county seat.

     The county board me again at Weyauwega and after transacting a small amount of business adjourned to Waupaca, where it has since held its meetings.

     As will be remembered we carried the election in the spring of ‘55, by a good majority; but Weyauwega ever restless under defeat, unsatisfied by having been beaten so many times must try it again.  This time all the cunning of the subtle statesman was combined with the vote of the seven year old boy  in the attempt to scoop Waupaca.  At this fall election of ‘55 Perry H. Smith was a candidate for State Senator opposed by Luther Hanchet.  The latter was at Weyauwega on election morning.  He told the leaders at Weyauwega that he would tell Waupaca of their tricks.  Threats were freely made that should he divulge their game, he would receive a shower of eggs (past their prime); and before he left the place they carried their threats in execution.  When he came to Waupaca he said he would help us if we would help him.  After the agreement was made, he told us that forty-five boys under ten years of age had voted at Weyauwega on the removal of the county seat, before  seven o’clock in the morning.  We thought that that game might be played by two as well as by one; and set ourselves about protecting our interests.  The place of voting in this town was at the old Exchange Tavern then run by J. J. Jones.  The polls were just inside the front window and the ballots were handed through the window.  The center pane of glass in the lower sash had been removed and through this hole the ballots were handed.  All the rest of the window was closely curtained so that the only portion of voter seen was that visible through one small pane of a window.  According to instructions men would step up and vote, the first time giving their real names.  In a few minutes they would return and vote under an assumed name.  One man in particular, I remember to have voted eighteen times under as many different names.  Beginning with John Oleson he ended up with Peter Hooper.

     About noon ten of Weyauwega’s greatest bullies came by team to Waupaca for the express purpose of destroying the ballot-box.  When they drove up, Big LaDow got out of the wagon near E. L. Browne’s office and skipped over the river bank just across from the barrel factory.   His intention was to follow up the river bank to the old Exchange Tavern and  in the absence of the election board, to steal the ballot box.  We will soon see his success.  The remaining nine drove up to the Higgins Tavern.  As soon as we heard of their arrival, we rushed down Main street to receive the company.  Some of the men stayed at the polls to guard them.  A solid man named Peter Mitchell had charge of our crowd.  They had alighted before we came upon the scene, but Mitchell directed them to retake their seats in the wagon.  It would have done you good to have seen them hurry back into that wagon.

     He compelled them to stay there while he went to the hotel bar and brought out the whiskey.  After they had sampled Waupaca’s strongest they were started toward home, accompanied by the Waupaca martial band consisting of a fife and one drum.  The tune played was very appropriate to the occasion, being “The girl I left behind me.”.  Soon after they had gone I saw Charley Redfield standing on the river bank near the northwest corner of the court yard square looking over the bank and talking with someone.  When I get to him I saw Big LaDow down by the river.  I heard Redfield say to him, “you better not go up to the old Exchange Tavern, for old Sesh. is there; Joe and Bill Hibbard and A. M. Guard are there, and you will get hurt.  The rest of your boys are on the way home and desire your company.”  LaDow thought best to come up the bank, and after so doing was escorted by Redfield and myself down east of the school house where the team had been stopped to wait for him.  On the way down Redfield asked him, how many votes he thought Weyauwega would cast.  He said he thought about five hundred.  He told us that a big boat load came up from Oshkosh and voted on the boat, and that they were voting at Gill’s Landing, Little River and Fremont.  Upon reaching the wagon he was assisted in and the “big ten” started on their way.  The music following them for a short distance making things as entertaining for them as possible. In the afternoon Perry Smith came up to find out why we were not voting for him instead of voting for Hanchet, Mitchell told him that he had sold himself to Weyauwega, and if he did not leave town in ten minutes he would get an application of tar and feathers.  It is not necessary to say he left.  Although frightened from town he was elected senator.  That election day was an eventful one and in the evening when the votes were canvassed excitement ran high - when they were counted it was found that Waupaca could equal any of them - she had cast 612 votes to Weyauwega 556 and thus had a handsome majority over all.

     LaDow then notified Waupaca that the matter would be settled in the supreme court.  All the records of what had been done in connection with the county in question, before ‘54, were given to M. H. Sessions and he went to Madison to see what could be done.  Weyauwega had employed two or three of Milwaukee’s best council to assist in prosecuting the case, but after a hard struggle between legal talent, the court decided that Waupaca was the county seat and that circuit court should be held there.  The Milwaukee Lawyers advised LaDow to go home and serve a notice on Judge Cate, demanding him to hold court in Weyauwega.  Upon receipt of such notice Judge Cate wrote to Mr. Sessions sending the notice and requesting him to go back to Madison and try the case over again.  Further; that he would hold court at Waupaca until further orders.  After another big fight the court decided again that Waupaca was the county seat; and they went a notice to Judge Cate to hold its court at Waupaca.  They also notified LaDow, if he wished business done in court he should go to Waupaca.  Soon after this matter was settled, the old Court House was built - it was begun in 1855, and after its completion, was used until 1881.  The material was furnished and the work done by subscription.  One person furnished stone for the foundation, another laying said foundation, &c.

     During the first term of court held in the building, J. B. Strain, of Weyauwega arose and addressing the Judge said, (not in the most pleasant manner), “I suppose your Honor, you have got the county seat where you want it, now”?  A smile and a nod were his only answer.

     In ‘81, when  this old building was decided to be unfit for further use the county board accepted an offer from Waupaca of $7,000, to assist in the construction of a new court house.  Thus, thanks to some of Waupaca’s men; she still holds the county seat, and it has become a proverb outside of Waupaca, that if she wants anything she gets it by “hook or by crook.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

INCIDENTS

 

 

CHAPTER II

 

AN INDIAN MEETING

 

 

     In November 1849 an Indian, a member of one of the resident tribes, was taken sick, so sick in fact that the chief of the tribe thought that he could not live.  The chief Marp, the sub-chief Peter and Peter’s squaw, Nahkom, held a series of meetings at which prayers were offered to their gods for the Indian’s recovery.  Peter’s squaw alone was present at the meeting, for none lower than the sub-chief and his squaw were allowed to attend and the chief was not allowed a squaw.  Peter was very desirous to have me attend their meeting, and having obtained the chief’s consent, he came to me and said:  “Indian very sick live no (counting up on his fingers until he counted five) five days, chief say, you go to Indian meeting.”

     Wishing to see what an Indian meeting was I followed him to a tent, standing on the ground now owned by Mrs. LeGro.  Entering the tent I found the chief and Nahkom sitting before a fire which flamed up steadily, it being considered by the Indians an ill omen if the fire flickered during their meeting.  Peter seated himself between the two and I sat at the extreme left.  When all were seated the chief took from under his coat a box beautifully stained and varnished.  This he unlocked and placed on the ground before him. Out of it he took three small china idols, a bottle of whiskey, a pipe and some tobacco.  The whiskey of course was the first thing to receive attention.  The chief took a drink and handed it to Peter who, after sampling it forwarded it to Nahkom who returned it to the chief.  After they had done justice to the “fire-water” they arose and sang in a most unintelligible manner, at least to me, who never before had heard Indian singing.  While singing they kept heir arms swinging and their bodies swaying to and fro.  After reseating themselves the chief set his little idol on the ground before him and prayed to it with apparent fervor and devotion. When his prayer was ended he placed the idol near the fire with its face toward the blaze; and again the whiskey went the round and again they arose and sang.  The chief then placed the second idol or Peter’s god before him and prayed to that.  As before he placed this by the fire near the first idol.  The bottle again passed and singing done, the last idol or the squaw’s god was prayed to, and placed in the line before the fire.  After again performing that oft repeated part of the service, i.e. that of drinking and singing, the pipe was made the object of devotion.  In like manner as he had prayed to the gods the chief prayed to the pipe and placed it., bowl toward the fire in the sacred line.  The tobacco was then prayed to and placed by the pipe.  When they had again tested the “fire-water” and had sung, while singing, continually holding their hands to their foreheads, their ceremony was completed.  Hastily gathering their sacred objects into the box they unceremoniously left, the chief taking the lead, the squaw last, and I, who had watched their actions in amazement was left to care for myself as best I could.  I attended a meeting of this kind each day for three days.  Although eloquently appealed to, the gods would not be propitiated and the poor sick man died.  Peter’s prophesy proved true as the Indian died just five days after the first meeting.  I will supplement this by an account of the funeral services performed over this Indian who had been ushered into that sky, where game is plenty and to which he takes his dog and gun.

 

 

 

                                                 THE INDIAN’S FUNERAL

 

     The Indian died and was buried at the Chain o’ Lakes.  According to the Indian custom he was buried with his gun, tomahawk, knife, dog and pony.  A quarter of venison, enough smoked ham to last him to the happy hunting ground, and a bottle of whiskey to keep up his spirits were placed in the grave with him.  The next day after the burial, which in conformity to the Indian custom is always in the night time, the chief Peter and Peter’s squaw Nahkom held the funeral services at the Falls.  Peter wanted the chief to allow me to be present but the old chief said “No, no smokiman go to Indian funeral.”  But I got Peter to tell me what they did.  After he was gone I decided to se the performance whether the chief would allow it or not, so I followed him to the place and choosing a position where I would not been seen and one from which I could see all that was going on, I viewed the whole thing from beginning to end.  Their usual grounds for holding their funerals was on a small flat of ground near the river just back of where Mr. Coolidge’s house now stands.  In a clear spot, a ring about twenty feet across had been formed, around this the three ran.  After a pull at the whiskey bottle the chief, carrying a lightly loaded gun held horizontally in both hands took the lead, and was followed by Peter who was followed by Nahkom.  After completing the circuit three times all the time shrilly yelling yi, hi, hi hi, yi hi, the chief fired the gun.  This, so Peter told me was to let the petite god know that the Indian was on the road to his future home.  Twice more they ran the circle three times, each time loading the gun heavier than before and each time taking a longer pull at the whiskey bottle.  The last time the gun was heavily charged giving echo upon echo from its crashing sound.  This firing of the gun heavily loaded was to let the “heap, heap god,” “know Indian on road to happy hunting grounds, and be there in ten days.”  After completing the above ceremony and taking a fond lingering look a the whiskey bottle, now empty, they silently stole away to their wigwams.

 

 

 

 

                                    FOURTH OF JULY CELEBRATIONS

 

 

     In 1850 the firs celebration of the 4th of July held in this county was held on Lone Pine hill in the town of Lind.  About thirty were present coming mostly from the Chandler settlement.  They listened to no history of the Grand and Glorious  Republic by a July orator, but enjoyed the time as well with their picnic dinner and toasts and the  singing of patriotic songs.  Several started from Waupaca but the new reached them that Duane Ware who was then carrying the mail between Plover and Waupaca Falls, was lost somewhere between the two places.  Of course we all turned back to assist in the search.  He was found on Session’s Prairie.  Our celebration was spoiled but we thought it glory enough for one day to find a lost boy.  Those who were at the celebration claim to have had an excellent time.

     In 1851 the celebration was held on what is now the Court House square, then a fine grove of small trees.  Rev. Silas Miller was the chaplain, E. C. Sessions had the Declaration of Independence, David Scott delivered the oration, N. P. Judson was toast-master, and Cranberry Jones made an impromptu speech.  With speaking and excellent picnic dinner, and with the noise and bustle made, by discharge of crackers, and by refreshment criers, the day passed off rapidly. The ordinance used in arousing the spirits of young Americans was an anvil placed on the bank near the river.

     In 1852 we celebrated on the hill at the head of Main street.  Cutting Marsh was chaplain, David Scott moderator, S. F. Ware read the Declaration, Dr. I. W. Thayer and Wm. G. Cooper delivered orations, Wilson Holt declined to speak.  John Attsly was marshal.  This was the first celebration at which we had a marshal.  Our band, which furnished music for the occasion, consisted of a Mr. Darling, Isaac and Azarial West.  Dr. Darling played the fife and the two Messrs. West played the drums.  Just before noon we were formed in line and headed by the band marched down to the old “Exchange Tavern” then run by A. Vanduzee.  We then marched back and partook of a most sumptuous repast.  After dinner all felt so jolly good natured that it was decided to stay the rest of the day. So we remained having our supper on the grounds.  In the evening the air was enlivened by “fire-works” and a burning barrel of tar which Erastus Putman fired for our benefit.

     In 1853 we celebrated in the grove near the old Marsh place.  Cutting Marsh again officiated as chaplain, Wilson Holt read the Declaration, and Hon. E. L. Browne delivered an excellent oration.  Doctor Heath was marshal.  The choir for the occasion consisted of Robert Hampson, Sarah and Katie Marsh and Mr. and Mrs. Horace Baldwin.  After the exercises we marched back to town for dinner.  At the close of the day, after the display of “fire-works”, all united in expressing pleasure for what it had brought them.  As I was to chronicle nothing but what happened in the early times, and as there was no celebration in 1854 I have considered it best to stop at the celebration of ‘53.  It may not be improper to state that when ever since that time Waupaca has tried to celebrate, that she has made a success of it as she does in all her undertakings.

 

 

 

 

 

 

 

 

 

 

                                                EARLY PREACHERS

 

     The first man to dispense the word of God to the citizens of Waupaca was Silas Miller,  He was proprietor of Waupaca’s first sawmill, which was situated near the present ruins of the city mill.  He was a Methodist preacher, and came in March 1850.  There being no regular place for holding meetings he preached around at private houses.  On one occasion I remember he preached at the house of E. C. Sessions.  The house was eleven by fifteen feet, log of course, as few board houses were here at this early date.  The cracks between the logs were chinked with mud and bark.  A half window at the rear end let in the light while a blanket was used as a door.  The floor and roof were also of bark.

     Later in ‘50 Mr. McIntosh came.  He claimed what is now the Judson addition in the city, and old it to n. P. Judson for two hundred and fifty dollars cash, at that time a scarce article.  With this he started the old Exchange tavern.  This Waupaca’s first hotel was situated nearly where the old fire engine house now stands.  He too was a Methodist.  There seems to be some connection between a preacher and a hotel landlord in those early times, but at the present time there is no such connection between them - a fact much to be regretted.  The next preacher, a Mr. Baxter, was also a tavern keeper.  He came in 1851 and was the first Congregational minister in Waupaca.  He built a house on the ground now occupied by the alley back of Peterson’s store.  Picture a two story house 22 ft. x 16 ft. the posts of which were peeled tamarack poles twelve feet long; the outer covering rough boards placed vertically, and the cracks between them covered by battens; the floors of rough pine boards; a small door at each end hung on wooden hinges; four windows, two above and two below; the only approach to the upper floor a ladder with five rounds; the apartments divided off by sheets or blankets, the furniture to match and the whole surmounted by that most enticing invitation; “Warm meals.”  Picture all this, and you see the Baxter House as it stood in 1851.  In this house there was one religious service, one dance and one wedding.

     Mr. Weston Miller came in May 1851, to visit his father, Silas Miller.  Stopping over a Sunday he preached in the morning at the house of N. P. Judson, and in the afternoon at J. M. Vaughan’s.

     Samuel Simcock, father of James and William Simcock of this city, was Waupaca’s next minister.  He came in ‘51.  He was a Methodist and preached in the board shanty of Henry Dieter situated on the east bank of the river just west of where the old Barrel Factory now stands.  The benches were rough boards placed across blocks of wood; the pulpit a dry-goods box; the door formed of two boards about six feet long and held together by cleats at the top and bottom and fixed in its position by placing the bottom out about two feet from the wall and leaning the top against the wall.  Mr. Simcock lived at Crystal Lake and came over to preach rain or shine.

     In June ‘51 David A. Peck, a Baptist preacher, came and organized a church at J. M Vaughan’s house. Seven presented their letters and became members.  The following named persons joined at this time, J. M. Vaughan and wife, Alonzo Vaughan, Mr. Dunham, Chas. Beadleston and wife and Mr. Peck.

     Cutting Marsh came on the fifteenth of December ‘51.  Arriving at about seven o’clock in the evening he made known his business.  He said he had been sent by the government as an Indian interpreter to try and settle the dispute over the stolen child, and wanted to be directed to the Indian wigwam without any noise on the way.  A. M. Gard told the elder that Dana Dewey was the Indian man and that he would direct him.  The elder found me and asked me to go.  Says I: “I’m you  man.”  I led him to the Indian wigwam and he performed his mission to the Indians.  Before coming here he had been a missionary among the Indians and was therefore familiar with their language. The dispute was settled without bloodshed although at that time it seemed as if we would have serious trouble.

     Elder Hayward a local preacher came in ‘52.  The next, a Mr. Rorabacher, was the first sent by the Methodist conference.  Elder Yeocum was then Presiding elder for the whole Indian land.

 

                        THE RISE AND FALL OF THE CLAIM LEAGUE CLUB

 

 

     Soon after we returned from Mukwa, where we had been to vote at the election held in April 1850, when the county seat was changed from Mukwa to Waupaca, some of us thought that one hundred and sixty acres of land was not sufficiently large for each, so we formed what the known as the Settler’s Claim League Club.  The requirements for admission were, that twenty-five cents be paid tot he treasurer, that each should sign the constitution, and that each furnish himself with a club about the size of a base ball bat.  This club was to be kept in a convenient place so as to be at hand in an emergency.  At the late election S. F. Ware was elected county Judge, David Scott chairman, and J. B. Hibbard constable. These we induced to join with us.  E. C. Sessions was elected president, David Scott vice-president, S. F. Ware judge, and justice, Winfield Scott secretary and J. M. Vaughan treasurer.  The law of the club was that each settler might claim forty acres more than the quarter section the law allowed him; and that if anyone “jumped” this claim, it was the duty of each member to take his club and club him off the claim, and those so doing would be protected by all the members.  This club enrolled many of the best settlers from all parts of the country.  Early in this year a young man had claimed a quarter section of land on which the village of Plainfield in Waushara Co. now stands.  He built a log house and in the spring planted a small garden.  Being out of provisions and money he left his claim to work and get some.  During his absence a man and his family “jumped” his claim and when he came back the new comer claimed the land although the young man protested that he had claimed it and had made the improvements.  Hard words ensued and the young man was killed by the other.  The news of the murder spread like “wildfire” and the settlers soon gathered to revenge this foul crime.  They surrounded his house.  He finding himself cornered swore that he would kill the first man who molested him.  The settlers kept a close watch on the house that night to prevent his escape.  In the morning they told him that if  he would surrender and prove himself innocent of the crime he would be allowed the chance.  He seeing that his chances for escape had been cut off and thinking that it would be to his advantage, gave himself up.  The men disarmed him and placing a rope around his neck, led him to a burr-oak tree that stood near the present site of the Plainfield tavern.  Placing the rope over a limb they swung the murdered from the ground.  Soon he was dead.  The lynchers not content with hanging him, left his body hanging there for three days.  Thus speedily did punishment follow the first murder committed in the country since the settlements began.  The news of the crime reached us in Waupaca on the 15th of June.  The Claim League Club were considerably frightened, thinking they might beheld responsible for the crime.  For this reason we gave up our claim to the extra forty, laid down our arms and disbanded on the same day the news reached us.  Thus did the settlers’ Claim League Club come to an end after an existence of only two months.

 

 

 

 

 

 

 

 

 

 

 

 

                                                            OLD TIMERS

 

                                                            CHAPTER III

 

                                                EARLY DAYS IN WAUPACA          

 

 

   The three forties on which the best part of Waupaca stands, including what is now known as Bartlett’s addition were claimed by E. C. Sessions on the 15th day of June, 1849.  Wm. Mumbrue made the preliminary survey between the 12th and the 20th of August of the same year.

     The nearest grist mill was at Ripon and the marshes between Waupaca and that place were so miry that they could not be crossed  by a team until frozen.  I came to Waupaca in October, 1849, stopping at E. C. Sessions’ house at the head of Main street.  About that time Mrs. Sessions informed her husband that they were about out of flour and something must be done immediately, so I took a coffee mill and went to work. After grinding the hoppers full I gave it up as a bad job and tried to grind corn, but with no better success.  Sessions and myself then went up on the hill back of the Dane’s Home, cut a white oak tree about two feet through, cut out a block two feet long, squared each end, bored a hole in the center, and with a pair of compasses made a circle, chiseled and burned a hole large enough to hold about a peck of grain.  Then we made a hickory pestle about three feet long and five inches through it; and with the aid of a coffee mill for grinding buckwheat and this mortar and pestle for grinding grain, managed to get along until the 25th of December, when a team went below and brought back some flour ground in a regular mill.

     There was no post office in Waupaca in those days; the nearest being Oshkosh.  John Vaughan used to go down and get our letters, inquiring for Tomorrow River Mills, Waupaca Falls, Green Bush and Walla Walla mail.  A Capt. Jack, ran a sail boat from Oshkosh up the Wolf river to Gill’s Landing that fall, and his boat finally froze up in Partridge lake.  He used to carry the letters for five cents each way, charging two cents for newspapers.  The letter for Tomorrow River Mills were left with Henry Tetalot, at Weyauwega, Green Bush letters were left with Simon C. Dow, between Waupaca and Weyauwega.  E. C. Sessions did the duty of postmaster at Waupaca.  Henry Tetalot was the first settler at Weyauwega, coming there about May 15th, 1849, and marrying a squaw.  He married so as to get the position of Indian trader, but he managed to incur the enmity of the Indians and the chief notified him that if he didn’t make himself scarce he would have his scalp, and he left the next spring, taking his wife with him.

     Fremont mail was left with a man named Mahew, who was either the first or second settler in Fremont.  On the 25th of December, 1949, E. C. Sessions, W. B. Hibbard and myself started for Strong’s Landing for provisions.  We had to cut a road through, and only went a little south east of where Pine River now stands, the first day.  That night we made a wind-break of our wagon-box, cut some boughs, ate sparingly of the few provisions we had and slept fairly comfortable until morning, when we ate the balance of our provisions.  The share of each in bread and meat being about as large as a man’s three fingers.

     We expected to get plenty to eat at Auroraville and thought we would get there by noon, but we got there at night.  A man named Daniels had a sort of logging shanty and when asked for a supper said all the provisions he had were on the table and the table was cleared.  He expected provisions that night, but they didn’t come and so we went without.  We stayed out of doors and walked all night to keep warm, after having cut brush, filled up a creek and poured on water to freeze and form a bridge over which we could get our oxen in the morning.  It froze hard enough during the night to hold them and in the morning we started for Strong’s Landing.  After crossing the creek, Cooper saw a shanty and made a break for it to get something for breakfast.  Nobody was there but he found a little bread and pork frozen solid; taking an ax he cut this into pieces and distributed it among five men.  There was about three pounds of pork and a half loaf of bread.  We ate it and were mighty glad to get it, although it was a pretty cold dose for our stomachs.  We then hurried on as fast as we could towards Strong’s Landing.  When we got there all wanted some whiskey, I wanted warm water instead, but a doctor there took a tumbler, filled it about half full of hot water and then filled it up with something else, brandy I suppose.  I swallowed it and asked no questions.  It was mighty hot and it was brandy.   It was the first and last liquor I ever drank. At any rate I found in about half a minute that it had a good deal of power in it for twisting my legs.  A Mr. Strong kept a tavern at Strong’s Landing and also a grocery stock.  Sessions concluded to buy flour of him, instead of going to Ripon, and purchased three sacks for which he paid $1.25 per hundred.  In Ripon it would have cost him seventy cents per hundred.  I will give the prices on a few other articles he purchased so my readers can compare them with present prices.  He paid $1 for 18 pounds of brown sugar, $1 for 16 pounds of loaf sugar, $1 for 5 pounds of good tea, $3 for a good pair of boots, 4 to 5 cents per yard for calico, 10 cents per yard for gingham, and a good suit of clothes which will not cost $15, he purchased for $10, potatoes were purchased for 38 cents per bushel, pork 12 cents per pound.  Strong’s Landing was changed to Berlin in ‘50.

 

 

                                    SOME OF WAUPACA’S FIRST SETTLERS

 

     In this connection I will note:  Some of the first settlers were E. C. Sessions, J. and Wm. Hibbard.  They arrived on the 15th of June, ‘49.  W. G. Cooper came in August, ‘49, Capt. Scott came in Sept. ‘49, A. M. Gard came in Sept. ‘49.  E. C. Sessions claimed the three original forties of the village plat of Waupaca, and the forty in the third ward on which M. R. Baldwin now lives. Joe Hibbard claimed 160 acres in the southern part of the city.  W. Hibbard claimed 80 acres joining it on the east.  Cooper claimed 160 acres on which the old fair ground stood.  Scott claimed what is now the Winfield Scott place.  Gard settled in Farmington.  I claimed the Chas. Wright place.

     O. E. Dreutzer had a government contract to carry the mail from Plover to Green Bay, by way of Waupaca in the spring of 1850.  He first came to Waupaca about the first of March that year, looking for a place to locate. He liked the looks of the place and bought the square on which Beadleston Bros. Masonic and Pinkerton’s block now stands, of E. C. Sessions.

     About this time Silas Miller came to Waupaca hunting a good location for a saw mill, and made a bargain with Sessions for his entire claims paying him there for eighty acres of land in Alto near Ripon, six head of cattle and six thousand feet of lumber as soon as it should be sawed.  Sessions and myself went to Alto to sell the land and bring the cattle home.  A sale of the land was made, but the cattle were sold before we reached Ripon.  Sessions then came home, went up on the prairie north-west of Waupaca and “claimed” the Gibbons farm which gave the name Sessions’ Prairie to that rich body of land.

     Miller came on and built his mill and sawed one Norway log and part of another on the 10th day of September, 1850.  W. C. Lord and another man came on in March, 1851, and bought the mill site of Miller on which the Star Mill now stands.  Dr. Brainard built a saw mill on his place in 1853.

 

 

 

 

 

 

 

                                                WAUPACA GIVEN A NAME

 

     In February, ‘51 we applied to the Postmaster General to have a post office located here.  He wrote Sessions that he would have to have a name.  Sessions forwarded the name “Waupaca.”  The Postmaster General answered and said he had given the office located at “The Falls” that name but that Tomorrow River (Weyauwega) had applied for the same name to be given that office and he had written them to send him another and a few days later we learned that office had been given the name “Weyauwega.”  So if the Weyauwega men had been a little sooner they would have had the name of Waupaca even if they didn’t get the county seat.  The name of the post office at Walla Walla was about this time changed to Lind.  Greenbush died out.

     David Scott, (father of Winfield Scott of this city) was the first postmaster of Waupaca; George W. Taggart of Lind, and Giles Doty of Weyauwega.  The latter by some unknown means was succeeded by Benjamin Birdsell who held the office a long time.

 

                                                A SHARP CONTRACT

 

     I will now go back to Waupaca.  When Lord purchased his mill site of Miller he contracted to build a grist mill 30 x 40 feet, two stories high, and bought the privilege of drawing water enough from the pond to keep three run of stones going all seasons of the year.  And the power still has the same right, or did, until Baldwin & Bailey combined the two.

     In the spring of 1851 after the purchase of the power for Lord’s grist mill as related before, the scheme of building a grist mill fell through for a short time as the man who came up with Mr. Lord to go into the mill business with him backed out.  Lord, however got Wilson Holt to join with him in the enterprise and the mill was built that summer, the first grist being ground on 19th of November.  We were all elated over the building of the mill, for flour was a mighty uncertain commodity in Waupaca in those days.  When the mill was completed there was about one hundred people in Waupaca.  Land was plenty and cheap but money scarce, who when we heard that there was a bill before congress giving 160 acres of land to each actual settler, we all felt considerably elated as we were on the ground and ready to take up the land.  The bill never passed, and we bought what land we got of the government at ten shillings per acre.  Everything looked favorable in the spring of 1852, for a village to be built on the site where Waupaca now stands, and buildings began to go up.  N. P. Judson built a house on the corner where Richard Lea’s house now stands.  O. E. Dreutzer built on Beadleson’s corner.  Jake Dieter built the house back of Lytle’s, known as the “old Dreutzer place,” now occupied by Mrs. Shumway.  Henry Dieter built a board shanty on the barrel factory lot, back of Hansen’s wagon shop. Black and Johnson built the Rosche and Baldwin houses.  I put up a one story house on the place now owned by Mrs. Charles Wright.  There was a row of buildings then up on the bank of the river where Bailey’s harness shop now stands.  Vanduzee’s old hotel stood on the corner, where Hansen’s tin shop now stands, and was known to the traveling public as the “Exchange Tavern” and a lively old place it was, too.  Main street south of Beadleson’s corner was only a wagon track through the woods, and the bushes and trees on the ground where Coolidge’s bank, Lea’s store and the other buildings in that block stand, were so thick that it was hard for a man to push through them.

     I went down to Menasha in the fall of 1852 to enter my land, and tried to enter two forties, but the south forty that I wanted, that I afterwards got, the receiver told me was out of the market, so I did not enter any but filed an application for the two.  In the course of two or three weeks afterwards the receiver began to sell the land in Waupaca county, beginning with the town of Larrabee.  Dreutzer went down to Menasha and made a bargain with a man named Fitzgerald, to bid off the land on which the village stood, agreeing to see him through to a clear title, if he would make his title to Beadleson’s corner good, but Spaulding, the receiver, wrote David Scott to send a man down to look after the settlers interests, as Waupaca would be in the market in about a week.  Scott called a meeting of the settlers and I was chosen to go down and take the minutes of the land taken up by actual settlers and look after their interests, and bid off the three original forties and the one on Sec. 20, laying directly north, for the parties who were already on the land.  These forties were platted as a village and could not be entered as ordinary farm land, but had to be bid off.

     I went to Menasha as instructed, and happened to be in the land office when the village of Waupaca was put on the market, the three original forties and the forty on section 20, which I afterwards bought, being put up in a lump.  Fitzgerald was there, ready to bid.  He had heard somebody was down to bid against him, and sized me up when I came in.  He probably thought he would scare me so he offered $2500 for the land the first bid.  I raised it to $3000, it was then his turn to be surprised.  He bid over me and we kept at it until the land was struck off to me for $4650, I settle my hotel bill, and started for home.  (By the way, the men who sent me down, raised about all the money they could scrape together to pay my bill, and when I came to settle I was a dollar short and had to borrow it.)  When I got to the post office, Judge Ware asked me how I came out, and when the crowd came around I told them.  There was a high old time in Waupaca that afternoon, and Dreutzer kept in doors for over two weeks.  The climate outside wouldn’t have agreed with him just then.  Through the efforts of Wilson Holt, congress passed an act that winter, authorizing Judge Wheeler, of Winnebago county to come to Waupaca and sell the parcels of land to actual settlers for government price.  This Wheeler did in February, 1853, and purchased the two forties north of Chas. Wright’s, comprising the Chas. Wright farm, and also the parcel of land described as lot 18 in section 19, on which I had built.

     E. L. Browne accompanied Judge Wheeler to Waupaca, and acted as his clerk when selling the land.  The two made a rough plat of the village, and this was recorded.  When they had sold all the lots that had then been settle upon for $1.25 per acre, the Judge put up the court house square and called for bid.  As every man in town, nearly, had made a purchase that day and put up all the money he had, there were no bidders as there was no more money in town.  As he couldn’t sell it he gave it to the village or town for a public park.  He was asked if the town had a patent for the piece of land, and the judge answered that he was authorized by confess to transfer the land and whatever he did would stand..  The square could have been bought for $2.50.  On the 23d of Feb. 1853, I receive my deed at Judge Wheeler’s hands and he left that day for home.  The sales were made at the old Gothic Hall, now owned by Mrs. Dr. Brown.

 

                                                AN EARLY LAWSUIT

 

     In the summer of 1852, I worked three months for N. P. Judson.  The wages were sixty dollars. It will be remembered that Mr. Judson was one of Waupaca’s early merchants.  At that time the merchants brought their goods from Milwaukee by team, no boats then running on the Fox and Wolf rivers.  The stores had light trade and the merchants did not always have money enough on hand to purchase their goods.  On the 7th of July, Judson wanted ten dollars to make out enough to purchase a decent load of goods, so I let him take the money, he promising to repay it upon his return.  I afterwards found that I had made a mistake in not taking security.  He said nothing about returning my money until I settled with him in the fall for my work.  Then he said he hadn’t time to look over accounts.  He paid me for my work, and I thought I would sometime get my ten dollars.  The matter ran along in this shape until the 7th of the next July.  On this day, just a year after I had loaned him the money, he came to me and said: “Upon looking over my books, I find that you are owing me seven dollars and a half.”  I told him, “that was the money I let you take a year ago to purchase goods in Milwaukee; and I have taken up just two and one-half dollars, thus leaving you my debtor for the amount you claim I owe you.”  “You can’t prove it,” said he, “aid if you don’t pay it I’ll sue you before night.”  “I guess you won’t,” says I.  Now says I, “look a here Judson, there is no one knows, that while I worked for you last summer I carried eight pails of water for you to pour in a partly empty barrel of whiskey, except yourself and I.  Now, if you don’t pay me that seven and one-half dollars, I’ll tell Gus. Chesley, A. M. Gard, and Charley Bartlett, that you watered your whiskey.”  Says he: “If you do tell them that, I’ll sue you for slander.”

     When I met him the next morning he said: “I have been to see Thayer (a lawyer) and he said that he never heard such a slander in his life, and that, if you tell those fellows that whiskey story he will make it cost you a hundred dollars.”  Says I, “all right, I’ll give you until tomorrow morning to pay the bill.”  I had seen Justice Hibbard and had told him not to let Judson sue for the money; and that if I couldn’t make Judson see his mistake I would give him my note for six months without interest; and, if he would not admit within that time that he owed me, he was welcome to the money.

     The next morning I asked him what he was going to do.  “I have seen Thayer again, and he said that he had found a law that will make it cost you one hundred and fifty dollars, if you tell that story,” was Judson’s reply.  “All right,” says I.  I then gave him my note for $7.50 payable in six months, without interest.  As soon as I had given the note I went over and told the men what I told Judson I would tell them.  They wanted to know why I had kept it to myself so long.  I told them that he owed me over seven dollars and I wanted to get that first.  The four of us went directly over to the store.  Chesley walked up to the counter and says, “See here, Judson, you have been putting water in your whiskey, and we have come over to get the treats on it.”  Judson saw but one way out of it, so he set out a peck of apples and we stepped up to help ourselves.  He grabbed the broom and was going to drive me out of the store.  “Are you going to do it now, right off,” says I.  Gard told him to get behind the counter, and he got.  We ate our fill of apples and left.  Henry Dieter came to me about an hour later and said, “Judson told me that he did owe you seven and one-half dollars and that he had your note for that amount and when it is due, you must pay it and don’t you forget it.”  As soon as I heard that I went over to the store and asked for Judson.  The clerk told me he had gone into the country, and would not be back until Saturday.  Says he, “Judson left a note here against you which he wished me to collect.”  Says I, “that note has been paid already.  He has admitted that he owed me, and he better give me the note and pay me the money he owes me or there will be a rumpus.”

     When Saturday came I went to see Judson.  Upon entering the store I said, “Good morning,”  Says he, “Good morning.”  Says I, “Good morning.”  Says he, “I said that to you once.”  Says I, “Say it again, louder.”  To this he replied distinctly.  Says I, “you do owe me seven and a half dollars, and you have my note and when it is due, I must pay it and don’t you forget it.”  “You can have today to pay that money and give me that note and if you don’t I will sue you.”  On Monday morning he told me that he would not pay me; and that he had seen Thayer again, and Thayer had told him that he would make it cost me two hundred and fifty dollars.”  I went directly to the Justice office which was situated where Dr. J. O. Scott’s place is; and I swore out a writ on Judson.  As I was walking back to town accompanied by Mr. Hibbard, Judson hailed us at a distance.  “Her, her,” said he, “I see the mistake.”  When we reached him he paid me the money and also paid Hibbard seventy-five cents for issuing the writ.  I demanded the note, which he brought to me from the house.  He then swore out a warrant on me to appear the next Wednesday, at the Gothic Hall, to answer the charge of slander.  I secured the assistance of E. L. Browne and we were on hand at the time set for the trial.  Before the Justice called the case, I walked up to Judson, and says, “you dasen’t tell Browne that I didn’t carry eight pails of water for you to put in your whiskey.  It will cost you like fury, and you better own up.”  Then Judson said, “If it wasn’t for the law I’d lick you for twenty-five cents.”  Says I, “wait until after the trial and I won’t charge you a cent.”  In the early progress of the suit he owned up to having put six pails of water into his whiskey.  A non-suit was given, but Thayer advised him to try it on again.  If he did he said he would make it cost me three hundred dollars.  We remained in the office until the summons was prepared and Sheriff Thompson served it on me.  Then we went to the Waupaca Spirit office and told Redfield all about the affair.  In the next issue of his paper he published a piece setting forth in glowing terms how I had nearly broken my back carrying eight pails of water up the bank from the river to put in Judson’s whiskey.

     A week from that day we appeared before Hibbard again.  This time Judson said he would thrash me if it cost him his life.  I told him I would meet him on the bloody sands after the trial.  As before, he admitted that there was water put in his whiskey, but this time it was seven pails instead of six.  Again a non-suit was granted.  Says I, as we went out of the office, “Judson sue me once more and you will own up to the other pailful.”  Judson seeing that he had made a consumate mnle of himself, let the matter drop where it was..

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NARRATIVE

 

CHAPTER IV

 

THE INDIAN CHILD

 

     So many of the people in and around Waupaca, both old settlers and those who have come later, are acquainted with the fact, that a boy by the name of Partridge was stolen by the Indians, and was taken from them with great difficulty, that I have thought best to give the history of the trial as held in Oshkosh, also to give an account of my connection in the re-taking of the child.  At the time the boy was stolen, Mr. Partridge lived about one mile from the banks of the Wolf river.  Another settler had built himself a house close by the river.  Mr. Partridge and this man found an old row boat in the river, and as they needed a boat to go to Oshkosh to get provisions, they took it along.  When they returned Mr. Partridge told his friend, that if any person called for the boat, to let them take it.  The very next day a man came along on this way to Oshkosh and asked for the use of the boat.  Shortly after he had left an Indian chief put in an appearance, claimed the boat, asking where it was.  Upon being informed that Mr. Partridge had permitted a white man to take the boat to go to Oshkosh, the Indian became terribly angry. Like all Indians, treacherous by nature, he waited for his revenge.  Mr. Partridge was working a sugar-bush at this time and had the boiling place near his house so that his wife could assist him if it was necessary.  One day about the 25th of April, ‘50, Mr. Partridge took his little boy Casper, (then about three years old) with him into the woods and left him at the boiling place while he went to gather up the sap.  While he was at work something seemed to tell him that all was not well with the boy.  He hastened back to the boiling place and found no Casper.  He became alarmed and upon going to the house found that he was not there.  Both father and mother then began the search.  They looked high and low through the woods, continually calling “Casper! Casper! Casper!” no Casper responded to their oft repeated cries.  He had been kidnapped by the Indian in the absence of Mr. Partridge from the boiling place.  from this time on until the fall of ‘51, the boy was mourned as dead.

     Waupaca must have had a peculiar attraction for the Indians for they spent much of their time here.  In the fall of ‘51, some Indians were encamped on the hill just north of the rail road track back of the Chas. Wright place.   Among their number was a boy who attracted much attention by his strange actions.  He would leave the Indian children and play with the young white children; and would talk the English language with them, but as soon as a grown person came near he would speak Indian.  When they had passed he spoke English again.  Many thought he acted strangely, but nothing was done toward taking him, while the Indians remained encamped there.  Some were sure it was the stolen child, yet others, although they thought the child acted peculiarly, did not believe he was Partridge’s lost boy.  The fact of this boy’s peculiar actions was made known to Mrs. Boughton, (Now Mrs. A. Humiston), a sister of Mrs. Partridge; and she thought from the information she had that he must be her brother’s lost boy.  In speaking to her one day about the boy, I told her I thought I could get him away from the Indians, as he did not seem to be afraid of me.  She wished that I would try, so I commenced work.  The Indians had left their former place and were now encamped on the present picnic grounds at the north end of Shadow lake.  Mr. N. P. Judson then living on the corner where Mr. R Lea does now, had a son named Urbain.  The Indian boy came up to play with Urbain on the grounds across the street west of the house.  The same peculiarity was noticed by Urbain, that the boy would speak English with him but would speak Indian in the presence of grown people.  While they were playing there one day, I tried to get the boy.  He would neither come to me nor let me approach nearer than a rod of him.  He did not seem to be afraid of me but would not let me get hold of him.  If any other person stood and looked at him, he would run to the tent, drumming on his breast and yelling every step of the way.  For a week I did my best to catch him, but, during that time came no nearer catching him that I did the first day.  from the “picnic grounds” the Indians moved, encamping on the land now owned by Mrs. LeGro and Mr. Ware.  At this time Mr. J. Hibbard lived in the wing of the house now occupied by Winfield Bemis.  His son Henry was about five years old.  As the Indians were encamped near Mr. Hibbard’s place, the boy would come out and play with Henry.  One day Henry told his father that the boy talked English with him but when a person came by he talked Indian.  The actions of the boy attracted so much attention, that it soon became known by all the citizens around here.  For a week or ten days I tried hard to get him but did not succeed.  I tried to steal him but that would not work.  I had one more scheme to work and if that failed the whites would have to go to the wigwam in a body and take the child by force.  When Sunday came I went to hear Mr. Miller preach.  After the service was over Mr. Miller came to me and said, “I suppose you will let me know how you are going to get the boy”  I answered him, that I could not tell that day but would the next day, if my scheme worked.  On Monday morning I west to Mr. Judson’s store and asked for ten cents worth of candy.  Judson says, “what in the world are you going to do with so much candy.”  “I am going to see if I can’t get that boy,” was my reply.  Mr. Judson after giving me the candy threw in some extra sticks, so also did Mr. E. W. Churchill; and both wished me success.  Thus armed with my material for work I went directly to Mr. Hibbard’s house.  In these early times Mr. Hibbard had a horse-block just by the front gate.  On this block the men used to sit and talk and tell stories day in and day out.  As Henry and this boy were at play across the road, I took my seat on the block; and as I did so held up three sticks of candy asking Henry if he wanted some candy.  He said “yes.”  Says I, “come and get it.”  He came, I took him on my lap and gave him the candy.  I took three sticks more and held them up, telling Henry to ask the boy to come and get some candy, for I wanted to talk with him.  When Henry called to him he stood and stared at me, but did not come.  Henry asked him again but he only stared the more.  Then I asked him to come to me for I wished to talk to him.  At this he yelled and ran to the tent as fast as his little legs could carry him.  The old squaw who had charge of him, came out of the tent and urged him on in the following language, accompanied by clapping her hands, “Ah, sh, ha, ah, sh, ha.”  She then shook her fist at me and said, “old smok-i-man;” says I returning the compliment, “you old black hag we’ll have it yet.”  At this she growled out something unintelligible to me and slunk back into the tent.  I stayed around watching for a chance to get the child but the squaw kept him in the tent.  At noon when I was starting for home to get my dinner, Mrs. Hibbard asked me to take dinner with them for she thought the Indians mistrusted what I was up to, and that the Indian who was hunting out west of the village might in my absence return and they might move away.  Concurring with her opinion I stayed there.  A few minutes after dinner I saw the Indian coming.  I hastened out to meet him.  Handing him some candy, I told him I wanted to give that papoose some candy for I wished to talk with him.  At this the Indian gave me three light taps on the right shoulder and said, “smokiman take scalp off.”  “Oh, no” said I, “good smokiman, no take scalp off petite papoose.”  He still held that “smokiman talk scalp off papoose.”  “No, good smokiman, no take scalp of petite papoose” I again said.  This conversation gave me to understand that he knew that we thought the boy the stolen child and that I was trying to get him.  I made up my mind that something must be done immediately.  It so happened that a few days after this conversation took place, that E. C. Sessions, Judge Ware, Joe and Wm Hibbard, and myself were talking the matter over, in Mr. Hibbard’s yard.  While we were talking Ward Lent came along.  He found what the subject of conversation.  Seeing the boys at play across the street he said, “Joe, call that boy of yours and have him go back and ask that boy if he has another wigwam.  If he has to come and tell you.  When Henry asked him he pointed down the river toward Vinland.  Lent says, “this is Partridge’s boy and I know it, for I looked him over yesterday.”  Judge Ware then said “something better be done about getting him.”  Lent turned on him saying, “suppose it was your boy what would you say then?”  “Something must be done” was Ware’s reply.  The arrangements for the capture of the boy were then and there made.  There were five of the Dieter boys in the village.  One was sent down toward J. M Vaughan’s place to notify the men to meet at Session’s and Dreutzer’s on the next morning at ten o’clock, and be prepared to go to take the boy by force.  Another of the Dieter’s was sent toward Pinkerton’s, one south on the Berlin road, one towards Barton’s, and one toward Parfreyville,  Each one was to give the settlers the above notification.  I was sent to Mr. Boughton’s, to have him go to Vinland that night to get Mr. Partridge to come up, for we thought that unless haste was made, the Indians would get word what we were up to and skip out, giving us no chance to get the boy.  I found Mr. Boughton near the house plowing.  Says I, “I guess we have found Mr. Partridge’s boy, and Judge Ware wants you to go to Finland tonight.”  Boughton unhitched his oxen from the plow and we went to the house.  Speaking to his wife he said: “wife, they think they have found Casper.”  She expressed surprise; I told her that Ward Lent says: “he knows it is Casper.”  Mrs. Boughton then said: “If there is a scar on the foot it will never deceive me in the world.”

     The sub-chief Peter thought a great deal of me.  We had had many a conversation in which I asked him the Indian word for this and that English word.  If I forgot I would ask again until I could remember it.  By this means I learned many of the Indian words that I thought I would need.  This conversation with Mrs. Boughton gave me something to do.  I must get the Indian words for the words foot and scar.  Mr. Boughton and I came down to Mr. Hibbard’s where Judge Ware gave him his orders.  After Mr. Boughton had started on his mission I went over to the wigwam and opening the canvas said: “Bashoo,” at which the old squaw replied, “ah smokiman ah.”  “Indian in wigwam?” was my question.  In answer to which she replied, “ah smokiman ah” motioning toward the west to give me to understand that the Indian was hunting up west of town.  I then asked her “Indian come in petite?”  This is will the Indian come back soon.  She said, “ah moon,” pointing toward the east.  By this she meant that the Indian would be back by the next sun-rise.  As I came back by Mr. Hibbard’s I told him to come up and tell me if the Indian came that night so that I could go down and get the Indian words for scar and foot.  If he did not come up I would keep watch for him as he came down from the west in the morning.

     At half past nine the next forenoon all those who had been notified to meet at Mr. Sessions’ who could be present, were on hand.  Those who took part in rescuing the boy were the five Dieter brothers, Joe and Wm. Hibbard, E. C. Sessions, Judge Ware, O. E. Dreutzer, Alfred Woodward, Moses Buckman, Geor. W. Ross, Ward Lent, J. M. Vaughan, John M. Dewey, Jas. Thomas, Granville Jones, A. B. Gee, A. Hitchcock, J. Taliday and your humble servant.  I left the company which was collected at the north end of Main street where Mr. Sessions lived, and took my stand near the present site of G. L. Lord’s house, to await the return of the Indians. I had been there about fifteen minutes when I saw Peter coming over the ill back of Judge Scott’s house.  I ran down to meet him, coming to him in the hollow south of the jail.  After the usual salutation, I said pointing to a scar on my hand, “we call that a scar, what do you call it?”  He told me and I wrote it down on a piece of paper I had brought for the purpose.  Then pointing at one of my feet I said, “we call that a foot, what do you call it?”  He told me, and I wrote that word down.  Then I told him, “there are helps and heaps of smokiman up here and are going down to get the papoose.  You stole it when it was a petite papoose, Winnebago two years in the sugar-bush, smokiman’s papoose, smokiman coming, scar on the foot and we’re going to have it.”  He raised his eye-brows and said, “oh! oh! oh!”  Says I “yes we are.”  At this he ran for the tent as fast as ever I saw a man run.  I hastened to where the men were but the Indian was out of sight when I got up to them.  They wanted to know if I had the words.  “Here’s the document,” said I, showing the paper.  I told them of the Indian’s actions, and Ware and Vaughan said we better get down to the tent as soon as we could.  We did make quick time going down, you better believe, for we thought they might skip out with the boy.  When we reached there we found the Indians, about forty in number, drawn up on a line the shape of an ox-bow.  The ends of the bow pointed to the north and the curve toward the south.  Down in this curve, and near the tent, was old Nahkom and the boy.  The Indians were fully armed with guns, knives and tomahawks, determined not to let us have the child.  We were wholly unarmed, not having a gun among us.  It was a case where brain was pitted against muscle.  Dreutzer wanted to do the talking with the Indians, so Judge Ware, our leader, told him to go ahead.  He tried to talk with the chief, but the stood and laughed at him.  Ware then told me to talk with them.  I stepped up to Peter and said:  “Look a’ here.  The smokimen have come down to take the papoose.  You stole it when it was a petite papoose.  Winnebago two years in the sugar bush.  Smokiman’s papoose.  Scar on the foot, and we are going to have it.”  At this Peter became excited and said:  “Ah, ah, ah; no smokiman; no fasta.”  I repeated it to him, saying, “If you don’t let us have him we are going right in after  him.  You understand that, don’t you?”  Peter crossed over to the chief, touched hi, but kept pointing at me with his finger.  He then repeated what I had said to him to the chief.  Then I said, “Yes, sir, we are.”  The chief was so made he jumped right up and down.  He took his tomahawk from his belt.  (The tomahawk was the handsomest one I ever saw; about six inches across the bit, about the same to the eye, and had a handle about three feet in length.  The handle was beautifully stained and varnished.)  This the chief took to the squaw.  Going to the wigwam he opened the canvas and made a motion for the squaw to enter.  When she did so he told her, “If any smokiman come to wigwam to take papoose put tomahawk down through the head, heap, heap, heap,” motioning out with his hands the way she was to serve us should we go to the tent for the boy. After the squaw and papoose were, as he thought, safely lodged within the tent, he came back to his place at the end of the line.  He looked across the bow at Peter and then at me, and made a cross with the first fingers on both hands.  Peter returned the signal.  Both drew long knives from their belts.  These knives were made from files and had handles of deer horn.   The chief raised his left hand in front of him about even with his breast, and raising the knife with his right hand struck down three times over his hand, saying each time, “Heap, heap, heap.  Ah, squaw, smokiman heap, heap, heap.”  Peter repeated the warning.  Said I:  “Smokiman no let you go away.  If there is scar on his foot he is smokiman’s.  If no scar we give it right up.”  Again they went through their warning to us to keep away.  Dreutzer said, “If any man will go in and keep the squaw from splitting my head open I will take the child.”  Said I, “come right along with me.”  So we went to the tent.  I opened the tent and stepped in.  As I did so the squaw raised the tomahawk for the purpose of throwing it at me.  I told her:  “If you throw that at me there’s a dead squaw right here, for I’ll kill you in a minute.”  I spatted my hands, made a spring at her, grabbed her by the wrist and dub in my fingers as hard as I could.  She had the tomahawk raised, but I pinched her wrist so hard that she was compelled to drop it.  The child was fastened to her by a belt.  As the tomahawk fell she reached for it with her left hand, which was free.  I told her:  “If you get that tomahawk I will bung your eye right out.  Ah, sh, ah.”  I then told Dreutzer that I was ready, and he came round from behind me and took the boy.  After Dreutzer had taken the boy out of the tent the squaw again attempted to get the tomahawk.  I said to her:  “If you move there is a dead squaw right here.”

     From the wigwam we took the boy to the men who were waiting.  The Indians offered no resistance at the time but were terribly excited.  We found that the Indians had tarred and greased and smoked the boy from head to foot, and had cut both corners of his mouth about one sixteenth of an inch.  They had branded him twice on the breast with a hot horse shoe, which brand showed the full shape of the shoe in the flesh.  We conveyed the child to Mr. Dreutzer’s house (on the Beadleston corner) and there left him in charge of Mrs. Dreutzer, Mrs. S. F. Ware, Mrs. Boughton and Mrs. Sessions.  After they had removed the tar, grease and smoke (no small job) they found a scar on his foot.  Mrs. Boughton said, “It is Casper.”  At the sound of his name the boy looked up and smiled.  Mr. Partridge did not come that night, so Mr. Powers and I took the child across the river to Elder Silas Miller’s house.  Here we remained all night to watch him lest the Indians should come and steal him again.  Once in the night he came near getting away, but we caught him and kept him.  The next day Mr. Partridge came.  At first he did not recognize, in the black begrimed boy, his child; but as soon as he saw the scar on the boy’s foot he said, “Oh, it is my dear boy Casper.”  As before, at the mention of his name the boy looked up and smiled.  Mr. Partridge in company with Mr. Boughton took the boy home to Vinland that day.

     The Chief Marp, Peter and Nahkom, with nine other Indians, went to Milwaukee to interview Grewno, the head chief of the Menomonees, about the matter.  He advised them to let the affair drop and to have no war.  Marp was not pleased with this advice and returned to Waupaca with the same feeling as he entertained when he left.  They sent messengers up north and got two tribes of Chippewa and one tribe of Sioux to take the war path with them.

     At this time Congress was in session.  Mr. Wilson Holt wrote to a Mr. Williams, the representative from Fond du Lac county, that the Indians had stolen a white child, that there was danger of war, and requested him to send an interpreter immediately.  In response to this request Mr. Cutting Marsh, who had been for a considerable time previous to this, a missionary among the Stockbridge, was sent to assist us in the threatened difficulty.  He arrived at this village at about seven o’clock in the evening of December 15, ‘51.  He found his way to Mr. Sessions’ house, where I was stopping at the time, and made his business known.  He said he had been sent by Congress as an interpreter to the Indians, and that he wished to talk with them that night.  He wished someone to guide him to the encampment -- someone who could keep his mouth shut on the way down.  Mr. A. M. Gard, who happened to be at the house, said, motioning toward me, “He is the Indian man he will go.”  Mr. Marsh turned to me and asked me if I would go.  “I’m your man,” was my answer.  I led the way to the tent, situated, as I before described, on the grounds now owned by Mrs. LeGro, and Mr. Ware.  When we arrived at the grounds he asked me which tent the chief was in?  “That is the tent we took the child from,” said I pointing at the tent, where but a short time before we had, had such an exciting time.  Directed to take the lead, I opened the canvass of the wigwam and said; “Bashoo” (how do you do),.  They replied by the same salutation.  We entered the tent and stood near the door.  Peter stood at my right, Mr. Marsh at my left, the chief beyond Mr. Marsh.  The squaw was sitting across the tent in front of us.  They were making the necessary arrangements for the fight.  I could hear them tell what my fate was to be.  I turned to Peter and said; “Smokiman has come to talk with you.”  Mr. Marsh asked me if Peter was the chief?  “No” said I, “the chief stands at your left.”  He turned and began talking to him.  I saw the squaw draw a knife from her belt and draw the back across her fingers, making the threat “Old smokiman petite, petite,” meaning by this that I was to be killed by being hacked into small pieces or by having small pieces taken off until dead.  Says I, threatening her with my fist, “put up that knife or I’m coming right over there.  Ah sh ah, now.”  The knife went up.  I happened to look around and saw that the chief was laughing at Mr. Marsh for what he had said.

     This provoked Mr. Marsh, and he said to the chief “If you do have war with the citizens, they will rise and annihilate every one of you.”  At this the chief stood and trembled, he was so frightened.  The laugh was in the other corner of his mouth.  Peter gave me three taps on the shoulder saying, “Indian kill no smokiman.”  Says I, “heaps and heaps of smokiman are coming from Strong’s Landing, and heaps and heaps gun-wagon coming and we will kill every Indian in two days, if you do go to war.”  He placed one hand on each of my shoulders and said, as the tears coursed down his dusky cheek, “Good smokiman, Indian kill no smokiman.”  Said I, “when the moon is up petite there will be heaps and heaps of smokiman here with heaps and heaps gun-wagon, and we will kill you all in two days.”  The chief directed Peter and Nahkom to saddle their ponies and take their wigwam to Grand Rapids.  He then went to the open air and gave the most blood curdling war whoop I ever heard.  At the sound the Indians gathered round the chief.  He ordered them to move to Grand Rapids.  Before they separated I said:  “Now look a’here.  If there is a heap squaw, or a heap smokiman, or a petite squaw, or petite smokiman killed or gone will kill you anyhow.”  The difficulty was peaceably settled and the danger of a war averted.  The Indians left Waupaca in a hurry.  The chief Marp, Peter and Nahkom were never seen here since they left, but some of the other Indians stayed about here for a long time.  They always remembered me, but at no time did I feel any anxiety about my personal safety.  In what I have given on this chapter, I have stated the facts as they occurred and have given parts of the conversation as it was spoken.

     On Sunday the 4th of January, while the citizens of Vinland were assembled for Divine service, it was announced by Mr. Boughton, to the congregation, that the lost Casper was found.  This joyful news was received with the strongest manifestations of satisfaction by all, and every one stood eagerly ready to go immediately for the boy.  Mr. Boughton, although he had traveled on foot forty miles, without rest nearly all night, instantly returned with the two teams with which Mr. Partridge, his brother and six others, started for Waupaca Falls.

     On their arrival in the evening, they found the child together with its professed parents, at Mr. Dreutzer’s house.  The other Menomonees had left, threatening to return with a force of two hundred.  The desire became intense to know whether the father could identify the child.  A brief examination was then made, after which the company retired to rest, leaving the house well guarded in case of the threatened return of the Indians.  The next morning the child was washed and again brought forward for inspection.  It is not wonderful that the father could not recognize the son, as delineated in his memory, in the dark, Indian complexion, thick lips, swollen nose and emaciated form of the child now before him.  His brother, however, a careful observer of phrenological developments, and who had been intimately acquainted with Casper, after a critical examination, was induced to believe it the identical child.

     Opinion was very much divided, and no one was positive in his belief.  It was finally agreed that the assumed mother, step-father, and the two papooses, should accompany them, on their return, as far as the residence of a Mr. Powell, a half-breed, and the United States interpreter for that tribe.  On arriving at his residence Mr. Powell stated that he knew nothing of the child; he only knew that Nahkom had some children by her first husband, and that she had lost some, but how many he could not state.  He proposed that the Indians should accompany the friends to Mr. Partridge’s house, and that Mrs. Partridge should be allowed to decide the matter herself; this was acceded to.

     The agitation produced by the tidings, had collected a great number of persons at Mr. P’s residence, who, with hearts beating with the deepest emotion, were awaiting the arrival of the company. The mother, who was standing in the door, as the child was brought in, raised the blanket in which he was enveloped, and exclaimed, with great agitation: “This is not the one, show me the other.”  “I took the child in my arms,” said Mrs. P., and drew near the fire.  He wore a shawl for a blanket, and had on an old shirt, a pair of linen pants, and thick moccasins.  His hair was very black, stuck together, and braided and twisted up in a cue: which when combed, was quite long.  His mouth had the appearance of being burnt, large scars being visible on either corner.  I washed him thoroughly in warm water, with soap, and warmed him by the fire.  His ears, his flat-noise, his hands and feet looked natural to her.  I felt as though I must take him and run ‘I remarked to Mr. Partridge, how natural his feet look!  They are so white, and less colored than the rest of his skin.  Don’t you think, I asked, that they look natural?  They are square-toed like yours.”

     “Yes” he replied, and they are all I can see natural about him.”

     He kept constantly pawing with his hands and crying to get to the old squaw, who cat such glances at him, when least observed, as led us to believe, more than ever, that she was not his mother.  The crowd did not disperse until twelve o’clock that night, and commenced to re-assemble the next morning before breakfast was over; but none, alas! who had known Casper, was able to positively decide that he was the brother of the little girls then in the room, while others who had never seen him, detected remarkable resemblance in the contour of their features and general form.

     Mr. Powell having been sent for to act as an interpreter, arrived at the Mr. P’s late in the evening: he said he had been to Poygan and learned the facts concerning the child; that there were fifty persons there ready to take oath that they had known the child for five years past.  He mentioned several names, and among them, that of Mrs. Dousman, whose testimony will be found in the trial evidence.  He manifested great sympathy for Mr. Partridge, in his afflictions, and being a man of easy address, he insinuated himself into the confidence of Mr. P and succeeded in getting his consent to allow the boy to be taken back to the Indians the next morning.  His conduct on this occasion go to prove that

                        “The world may smile, and smile, and be a villain still.”

     On the evening of the next day, Frederick H. Partridge, who had accompanied his brother on the trip to Waupaca for the child, and who was so decided as to its real parentage, having been absent for the two days past on important business, reached home, and was no little surprised to find that the boy was again with the Indians.  It was determined, at last to take measures for the recovery of the child, that the affair might have a candid investigation.  No decisive action was taken, until Friday, the 9th instant.  On that day William Partridge, a brother of Mr. P., who had been absent, started on the search for recovery, taking with him a friend who was present at the time the boy was brought home from Waupaca, who could identify the same child if seen.

     They went directly to a Mr. Cowen’s, a half-breed Indian trader, concealing the object of their visit by offering an exchange of commodities which they took with them.  During their conversation, the affair of the lost child was indifferently alluded to, Mr. Powell, at that time unknown to them, being present, took up the subject, referred to the excitement throughout the country, and intimated that Partridge would have to pay dearly for his outrage on the Indians, and said that he had reported the whole matter to the Menomonee Agent, by whom it would soon be attended to.  To their farther inquires he stated that the boy had been taken to his home on the Waupaca, and that the Indians would soon be moving to their sugar camp near Lake Poygan.  Our adventurers went immediately to Waupaca, but found they had been gone several days.  From the Waupacaian’s they learned that the Indians encamped there regularly, at the beginning of the hunting season, which is about the last of November.  The inhabitants were well acquainted with that band - especially with all who had been there the previous fall, except the boy in question.

     They had never seen him before, and particularly noticed him, as he appeared to be connected with no family of the tribe, but shared with any and every one as opportunity offered.  He showed a decided preference for playing with the white children, used many English words clearly; and at one time, being told by an offended play fellow that he was a little Indian, he said, “I ain’t, I am smokiman’s (white man’s) papoose.”  He was frequently heard to make similar remarks.  These accounts reached the ears of a person acquainted with  the Partridge family, and the singular disappearance of the boy Casper.  He went to the encampment, told his convictions to several settlers near the spot, and with them proceeded to the wigwam where the child was.  After observing him, and changing some remarks with the Indians, he left, more than ever convinced that it was Mr. Partridge’s child.

     This led to the discovery as before related; but a few particulars may be added here.  The first child shown to Mrs. Boughton, at the house of Mr. Hibbard, had a light complexion, squinting eyes, and hair inclined to curl.  At first sight she concluded it was not the child; but being anxious to find something to agree with the opinion of the community, she drew off his moccasins, and, after washing his feet, vainly tried to find the scar which she knew was on Casper’s ankle.  After questioning him and receiving only unmeaning grins for replies, showing his utter ignorance of what was asked she concluded that there was some mistake.  In a short time another was presented in the same manner; and being asked if she thought it her brother’s, she with no little surprise, acknowledged that it might be possible, his general features, though swollen, and disfigured, appearing quite like Casper.  She found the scar upon his ankle, though very dim, yet decided by two medical gentlemen present, to have been made by an edged took and answering to that upon Casper’s foot.

     He was quite observing of things around him.  In reply to her questions whether he had certain uncles and aunts, naming these with whom he had been best acquainted, he bowed his head - that being his usual sign for an affirmative.  When she mentioned some who were not his relatives he shook his head.  She then inquired if he had an aunt Maria, he bowed his head; was she present in the room?  He turned and looked very closely at Mrs. Boughton, but, being asked if she was the one, he, after some hesitation, shook his head.  Some one inquired what his name was; Mrs. B., replied “Casper.”  At the mention of the name he looked attentively at her, although he paid no attention to other names when repeated.  When asked if he had a sister Loretta, and if he had lived with Mr. Partridge he gave his usual assent; but when asked if he wished to live with him again, he shook his head, and commencing to cry started immediately for the wigwam.  Mrs. Boughton was perfectly satisfied that it was her brother’s child, and insisted on its being instantly taken from the Indians, lest they should run off and secrete it.  The action made by the citizens has been already related.  From Waupaca the two men proceeded in further search for the child.  They found the encampment, on Tuesday evening, the 12th instant, near the road leading from Weyauwega to Berlin, about seven miles from Little River Mills, and an equal distance from Pine River Mills.  That night they stayed at the former place, intending the following morning, to return to the encampment with a sufficient force to recover the child by a legal process.  It was however, thought best, the next day, to go to the camp, and find out how the Indians would feel and act, and ascertain if the child was there.

     Securing the assistance of an interpreter, with two or three others, they then returned.  Some of the company took with them articles to sell to the tribe, and were received as traders.  It was soon found that the boy was not there, but at the Pay-ground, or Poy-gannie, as the Indians termed it.  On reaching the Pay-ground they found the child in the keeping of an old squaw.  He had recently received a severe wound in the fleshy part of his leg, just above the knee, and was consequently quite unwell.  There were resident in the place, at that time, an old trader, from Massachusetts, by the name of Webster, a Catholic priest, (Bonduel) as missionary, who was also connected in the schools for the Indians, with Mrs. Douseman, an elderly widow.  This place being fourteen miles from Vinland, was visited for several days, by the friends of Mr. Partridge, and efforts made to get the child for a short time, that a clear investigation of the matter might be had.  Mr. Webster stated that he had known the child from its birth, and had often given it bread while on its mother’s back. Mrs. Dousman, too, was positive, and was indignant when it was intimated that the child was a white man’s.  Mr. Partridge’s friends urged that if the Indians  were correct in their claims, an investigation could do them no harm; if unjust, it would lead to a rightful settlement of the affair, and peace restored to the community, and no unfriendly feelings kept alive, by imaginary wrongs against the Indians.  It was proposed that the child should be given into the custody of Mr. P’s friends for a few weeks, and the child then be permitted to decide the matter for himself.  After some time the consent of all parties was given to this, except that of the squaw, Mahdom, who still remained at the encampment in the woods before mentioned.  The last time Mr. Partridge’s friends visited Poygan, to obtain the consent of all to the proposition, Messrs. Powell and Cowen were present.  They acceded to the overture offered; and volunteered their endeavors to accomplish an adjustment, if the friends of Mr. P. would have Nahkom there on the morrow, which they accordingly did.  The next day at the appointed hour, the friends of Mr. P. waited for Powell and Cowen, at the Mission house.  The priest (Bonduel) expressed great sympathy for the afflicted family; wished that he could see the poor mother, that he might console her, but concluded that the child could not be hers.  Mrs. Dousman was very morose, when the matter was mentioned, declaring the requisition of the child to be an outrage on the squaw, and high folly for the “Americans to ask any such thing.”  After some further conversation, Powell and Cowen came in.  Much to the surprise of Mr. Partridge’s friends, and without stating any reasons for so doing, Mr. Powell said he had determined that the child should not go with the whites; that he had secured legal advice, and that Nahkom had no right, though she should prove willing to surrender the child; Partridge, he said excitedly, had better let the matter rest, or he should pay dear enough for what was already done.  Here this attempt ended; showing, in its unvarnished detail, the malignant influence of treachery, on the part of Powell, in prolonging a case which had made sorrowful many a heart, and aroused an unusual agitation throughout the country.

     An application was afterwards made to the Indian Agent, Mr. Sawyer but he gave no satisfaction, further than a promise to meet the parties at Poygan, the next Tuesday.  On the next Tuesday morning, a large number of friends, with the father, started in advance for Poygan, they having taken the precaution to secure a writ of habeas corpus for the seizure of the child, in case the agent did not satisfactorily settle the matter.  The agent, supposing they came without any legal authority to obtain the child, refused to have anything to do with it, and told them they must look to the assistance of the law.  When, however, Mr. Kimball, the constable of Oshkosh, (in whose hands the writ was placed) together with Wm. Partridge, arrived and made their business known; the agent concluded to send an Indian to the encampment, where Nahkom had gone with the child, directing her to go to Oshkosh, the county seat of Winnebago, and take the boy with her.  This Indian was accompanied by Mr. Kimball, Frederick and Wm. Partridge, and an Indian chief named Lamont; and the child was taken to Oshkosh.  By verbal order of Judge Brown, Mr. Kimball took the child in charge and kept him until brought before the court.  Many persons examined the child while there.  Among these was Mr. Smalley, who had been an Indian trader, and was conversant in the Monomonee language; but at that time a practicing lawyer and Justice of the Peace.  He first examined the cheek bones of the boy unusually prominent from emaciation, and pronounced him as certainly having Indian blood.  He then awoke the child, who was asleep and asked him questions in Menomonee. He inquired how many deer the child’s father had killed that season, to which he made reply as also to the question how many coons he had killed, and other s of a similar kind.  When asked in English, why he did not talk in English, the boy replied, that his mother would whip him if he talked English in a white man’s house.  A short time after, the boy, with Mr. Smalley and others, stepped out of the house, when Mr. S. said: “You are no Indian you are a white boy,” to which the child replied “I dare not tell, that, for I am afraid of my mother.”  At this Mr. S. expressed great surprise, still insisting that from his complexion and features he must be an Indian.

     The next morning a daughter of Mr. Partridge was brought to Oshkosh; Mr. Smalley, on calling the second time and seeing the striking resemblance between the two children, confessed that he had no doubt that the two were brother and sister.  These statements he denied in a few hours.  Many believed from his conduct that he had been bribed by the Indians, but this he positively denied to Mr. Partridge, but acknowledged that they were to pay him one hundred dollars for his service as assistant attorney.  As the affair now assumed the form of a contested claim, the case on Thursday, was put in the hands of the commissioner.  This was done on account of the indisposition of Judge Brown.  When the child was brought into his office for examination, such a crowd had gathered that they were obliged to get the M. E. church, where they again met, when the case by consent of both parties was continued over until Thursday, February 12th.

     The child was in charge of the Sheriff, Mr. Cooley, to be free of access to both parties. That impartial justice might the more effectually be accomplished, a Mr. Stanley, who could partially converse in Monomonee, was employed, designing that no secret conference should be had with the child.

     Mr. Cooley the next day, declared, in a public manner, his conviction that the child was Nahkom’s, and the following Monday, when Frederick and Wm. Partridge, with a few friends called to see the boy, Cooley and Stanley went away with the child and did not return until nearly dark.  It was requested then, that the child and its mother, in charge of Stanley, might be allowed to accompany them home.  To this Cooley flatly refused to accede, saying the child was the squaw’s and she should have it.  He forbid the brothers of Mr. Partridge the privilege or again coming there, asserting that they had no business to meddle in the matter.  How differently the Indians were treated can be seen from a few facts.  They always had free access to, and control of the child.  He was seen at different times, in the streets of Oshkosh, painted in the Indian manner, with his hair, naturally a dark brown colored to a jet black.  Was this even-handed justice?  Will that mind to whom the power is given, discriminate justly the right from the wrong?  Let us hope for the best; and while we give a plain unvarnished account of the trial, let the reader observe which party, by evidence “Strong as proof of Holy Writ,” establishes in plain truth the most sincere claim.

     Write of habeas corpus ad se, issued by Jedediah Brown, Esq., County judge of Winnebago Co., and sent to E. S. Butterick, Esq., court commissioner for said county.  On account of the ill health of said Judge, and his inability to try the same, January 20, 1852, the parties appeared before the court commissioner, at the court house in said county, and at the instance of the respective parties, the hearing upon  said matter was continued until the 12th day of February, 1852, at which time the parties, by their respective counsel, appeared and the following witnesses were sworn.    

     William Partridge called - Reside in Vinland with Wakeman Partridge.  I am petitioner in this case.  My brother lost a child two years ago; I was not in the place at that time; was not acquainted with the circumstances, particularly until this winter.

     Mrs. Lucia Partridge called - Reside in Vinland; was 29 years last July; have been married to Alvin Partridge nine years; have four children; Loretta, a girl, was seven last July; Casper Appoles, the second, a boy was five last May; the third Lucinda, a girl, was three last December; and a babe.  Casper was lost on the 19th of April  1850; we were making sugar that spring at a place five miles north of us; on Friday morning we started for the camp, taking our children with us, after we had been in the woods about an hour, the child was missing, lost; we made diligent search but found nothing of him that day; the next day some tracks were found.  The search was kept up six days; the neighbors turned out and searched in every direction but nothing was found of him.  I think the tracks found were his because he had lost off one shoe in the morning, and the print of one shoe was plain; the other track was that of a stocking foot; no tidings of said child until now.  I first heard on Sunday, 4th of January last, that he was among the Indians; we started two teams with eight men in search immediately, they brought him to our house; this is the child brought; in my opinion it is my child, have not the least doubt of it; have had some intercourse with him; think his color has changed in the time; his feet, ears, nose and shape of his face appear natural; his face is much darker.  I think he recognized a little dog, and a toy dollar, which he had; kissed me when I gave him the dollar: the cloak he wore the morning he was lost, and which had not been taken from the trunk from that time until now, when shown to him, he said in Indian, (so interpreted to me,) that he saw it at my house last spring; was pleased when I gave it to him; another garment - a linen sack, he recognized; when presented to him he said the same about it.  I think he recognized his grandmother, from the fact that, though afraid of others, he went directly to her; he also recognized a girl who used to be his playmate, Elizabeth Hober.  These three children before me, I think, are mine; I know no difference between them, would as soon fight for one another; have no rational doubt but that they are all mine.  I thought I detected a scar, but it was so small as not to be seen plainly; I thought at first that his hair was very thick - it looks now more natural; was brown when lost, since washing it is lighter.  When brought to me his hair was long and braided; I oiled and combed it and it seemed much thinner than before; it was much matted; it was very gummy and sticky; the water in which it was washed was much colored - black, so black that the bottom of the vessel could not be seen.  I had not as much recourse to him as I could wish.  I washed his feet, and they were white, not colored like other parts of his body.  He now has scars on each side of his mouth, on his stomach, four under his chin, and one on his side; he said (so interpreted to me) that they were made by something the size of his finger, formed to make scars; he called it medicine.  There was smoke seen the morning after he was lost, supposed to be made by the Indians, on a little island.  My oldest girl thought he was her brother when first shown to her; she had no doubt about it; the school children thought it the lost child.  He said the white folks wanted to skin him, and make a white child of him; he said that he dare not tell that he was a white child.

     Cross Examined - I recognized him when brought to my house; thought him my child when he got warm; at first, when he came he was muffled up, and I exclaimed that he was not my child; when unwrapped and armed I thought him my child.  I have heard him speak some English words  He was four years old when lost; I have tried every possible means to learn that he is my child.  I have not had his affections as much as I could wish; have not had as full access to him as I desired.  I can recollect back to three years of age but at that time no important fact was impressed on my  mind.  I can’t say I should have remembered it if I had been taken by the Indians at that age.  II could recognize any marks on the child when lost, there was a small cut which left a scar.  This boy has not a flat head behind, is round shouldered, and toed out; think he looks like his grandmother.  I told Mr. Powell I thought it my child; he did not put the question, “do you and Mr. Partridge claim that child.”  Mr. Powell came to our house late at night, after the child had been taken from his residence; said he had been to the Pay-ground and found facts, and had come to satisfy us that it was not our child; we let the child go back because we could not keep the Indians; did not let the child go willingly; could not say I told Mr. Cooley that I was afraid my affections were becoming too much centered on the child; he told me not to let them and warned me against it.  The child has not been in my possession at all; have had no control of him since he has been in custody; he was at my house about two days.  I did not think it my child at first, it being so disfigured, the Indian woman being with him, and not having a good chance to see him.  Neither me, my husband, nor any one else made any propositions to buy this child, when brought to our house, nor did I hear any one request Mr. Powell to ask the Indians what they would take for him; when the child was first brought in the room was quite full; requested that the child might stay with me awhile, but did not want the Indians there; never heard a proposition to pay fifty dollars for the child.  I told Mr. Powell that the Indians had better stay over night, do not recollect that Mr. Powell asked if the child was ours.

Alvin Partridge called - Reside in Vinland, Winnebago Co., Wis., am a married man; Lucia Partridge here in court is my wife; have four children, Loretta, Casper Appollos, Lucinda Amelia, and the fourth, Caroline, a babe; the boy in court is Casper.  A year ago last spring I made sugar on a timbered lot I have in the township of Clayton; one day I west up to gather sap to make vinegar, taking with me my wife and three children, (the youngest was not then born.)  We had been there about an hour when Casper was missed; I immediately started in search, and after looking some time called some neighbors to assist me; a dozen of s searched for a time, and then sent out to raise a general alarm; the search was very general, as many as a thousand being out at a time; the search was continued six days.  We formed a line near the camp with horsemen enough to keep it straight, and marched two or three miles and returned, those on the outside marking the trees, so that the ground should be all covered; in this way the country was searched for miles; all the marks found during the search were three tracks on a little mound, some 40 or 50 rods from the camp; it was reported that many Indian and pony tracks were seen; we designed to examine every foot of the ground where the child could possibly stray; some of the company remarked that not a foot of the ground, or a spot large enough for a dollar to lie, was missed; I am positive the child could not have been in the country searched either dead or alive.  The day after we gave up we heard the child was among the Indians; in that particular case it was not true.  I employed Mr. Caldwell to make a general search among them; he told me he went across Rat River, where the Indians were making sugar.  On Sabbath, the 4th of January last, a messenger was sent to me announcing that the child was among the Indians, at Waupaca Falls.  I west with two teams and eight men for him; we found a boy there in possession of the whites, who had detained him until my arrival, thinking was my child; I examined the boy  - did not look natural - I could not make him; he was frightened and crying all the time; I told the people then that his feet, hands, etc., looked natural.  The Indians were unwilling to give him up; so, with their consent, we brought him, the Indian man and woman, together with two other children to our house.  This boy here in court is Casper Partridge, the son of Lucia Partridge; I am his father, was present at his birth - know it to be the child, and am positive of it as of any other fact that I know, feel, or have seen.

     Cross Examined - The country south of the spot where the child was lost, is openings; on the north, timbered land; the mound was towards a marsh and a trail; I cannot swear that three were any tracks of Indians; I can swear that this child is mine:     if I had known it to have lived with an Indian woman from its birth I could have sworn to it.  There are wild animals in the neighborhood - gophers, badgers, etc.; know of no vicious animals, but have heard of gray wolves in the country.  I don’t know how the child came out of the hands of the Indians at Waupaca; did not ask Mr. Powell to send a runner among them to find the child; soon after it was lost I asked Mr. Powell to go and see if it was among them; said he would send some one; I did not ask him, when the child was brought to my house, if the Indians would sell it, I had not the privilege of keeping the child; I took it next morning to Mr. Powell; I put great confidence in him until I learned to the contrary.  I first saw the child, after it was lost, at a house at Waupaca Falls; it was brought from thence to Mr. Powell’s.  I did not promise and none was made, to my knowledge, that, if allowed to take the child I would return it next day.  I have offered as high as two thousand dollars for the finding of the child.  I have seen Menomonee Indians, for the last five years; have never traded only small trades, among them; have never seen a half-breed with blue eyes; do not talk Menomonee; I am well satisfied the boy understands English; have head him say “yes” and “no” and “don’t cut the skin;” at that time no one was by who understood Menomonee - but I head a neighbor ask Mr. Powell if any words in that tongue sounded like “don’t cut the skin;” he said there was none;; know not where the boy has lived the last two years; do not know whether he lived at Winneconne; he now talks what is called Menomonee - don’t talk English to me; he has been gone a year from last April. 

     Wm. Partridge recalled - I first saw the child in a wigwam, near the Missionary school, at the Pay-ground; did not go directly from Mr. Powell’s house to the wigwam - it was nearly a week afterwards; do not know that it was taken from the Indians until the Sheriff took it.  I was here in Wisconsin three years ago; cannot swear that this child is my brother’s but do not doubt that it is; was not well enough acquainted with it; saw it only a few times before it was lost. While the child was at Mr. Kimball’s I was with it a good deal, and took pains to learn if he understood English; he heard a pig squealing; I said: “Let us go and see the pig,” and he led the way to the pen; I said to him, often, “let us go in and warm,” and he would start for the house; he had money in a purse which he buried in a pile of chips; I told him to take it out or some one would find it; he immediately did so; he was fond of chasing the dogs, and when I mentioned different ones he would chase them as directed.  I spoke in English; understood nothing of the Menomonee.

     Frederick H. Partridge sworn - Reside in Vinland; am a brother of Alvin Partridge’s; was intimately acquainted with Casper; the next I knew of him after being found, was at Mr. Dreutzer’s house, at Waupaca; first saw him there; examined him closely for half an hour and was convinced he was my brother’s child; because his features, though black and dirty, corresponded so exactly with those of the boy lost; no doubt was left in my mind that it was the child; I thought best to take him, and the Indians claiming him, together; this arrangement was made by signs, and their consent secured.  In preparing the child to go, he plainly said: “Don’t cut the skin,” as plain as any child could speak it. This child in court is Casper Partridge; I no more doubt it, than I do the identity of my own children; have heard him say repeatedly, “Yes, sir” and “No, sir.”

     Elizabeth Hober called - I have lived in Alvin Partridge’s family; was acquainted with his children - with Casper; have known him since he was born; have no doubt this is the child; since he was found he has, satisfactorily, to me, recognized me.

     Wm. Dunham called - Am acquainted with Alvin and Lucia Partridge, also with their children; have no doubt this boy is Casper, from seeing him before he was lost, and now; have heard him speak English words.

     Philip Hober called - Am acquainted with the family of Alvin Partridge; am a connection; was quite intimate with Casper and think this is the boy.

     Wakeman Partridge called - Am the father of Alvin Partridge; have known Casper since he was an infant; the boy in court, I have no doubt is Casper; I believe it from the way he acted when first found, and from the resemblance.

         (Here the claimant rested, and the Defense opened).

     Edward F. Sawyer called - Reside at  Winneconne; have many times seen the Indian woman who claims the child; have known her and the child two years, and before the loss of Mr. Partridge’s.  He was brought by Mr. Cowen, two years ago this February, together with its mother, from his sugar camp on Rat River, to his (C.’s) house; this boy looked like the one brought; have seen him from time to time since; at the time it was brought down it talked nothing but Indian; I understand Indian, somewhat; the woman, claiming this child, has lived about Winneconne, most of the time for two years;  have seen the boy at different times; he has run among American children; have no doubt that Menomonee woman is his mother, because she has always taken care of it and always claimed it.

     Cross Examined - Know it was two years ago that Cowan brought this child to his house, because I came from Lake Shauwann then, and waited for him until he came from Rat River; while there the child was there two or three days; we had much sport about the child; called it a half-breed; no other half-breeds there but Cowan’s; my attention was called to this child because its feature resembled a white’s more than an Indian’s.  I next saw the child with the rest of the family, when coming from their sugar camp, at Winneconne, was not particularly in its company; don’t know when next I saw it, saw it last summer at Winneconne.  The child has been back and forth at Winneconne and Cowan’s, and I have seen it; can’t tell how often; do not know of that Indian woman having another child about the same age; first noticed the child in February; April following came to Oshkosh to court; then news came in the paper that Mr. Partridge’s child was lost. I looked and made frequent inquiry among the Indians; there was sugar made that year in February by the Indians; have resided, mostly, with Mr. Cowan for two years; this Indian woman resided during that time, to my certain knowledge, in his vicinity; most of the band to which this Indian woman belongs made sugar that year near Rat River, about six miles west of where the child was lost,

     Re-examined-in-chief - The child talked nothing but Indian when brought to Cowan’s, two years ago; heard him speak; don’t remember what he said.

     George Cowan called - Have known this Indian woman nearly eight years; have known the child seven years; I heard when Partridge’s child was lost; I brought this boy to my house the February before.  I live a mile above Winneconne; this woman for the last two years, lived about a mile from my place; she has been at my house often; I have played with the boy; know he is the child, because I knew it when it was born - have seen it growing, though not often - have seen him at the Payments every day, and at other times about twice in the summer.  Brought him from Rat River; the man and woman came with me; this is the boy - I know him by the hurt on his breast, received before Mr. Partridge’s child was lost; it was shown to my wife that she might cure it.

     Cross Examined - The boy was born at Poygan just after Payment, in 1844; saw him in his mother’s arms the winter after.  My wife told me he was hurt three years ago - never since; there was only one scar on his breast.

     Mrs. Rosalin Dousman called - Have know this Indian woman since 1847; have known the child too; have known it at my house - the Mission House - have no doubt this is the child; the woman called it son, and he called her mother; have always seen it with her.  I have often fed it; it sometimes called me grandmother; this was before Mr. P’s loss; the grand-mother of this woman lives in our yard, and her aunt is a servant in our house; the Indians come and go while hunting, fishing, etc.

     Cross Examined - He was between two and three years old in 1847; a delicate, but smart child; have heard from its mother and uncle that it was hurt when an infant.

     Alfred Crosby called - Have known this Indian woman and this child since a year ago last July; he then talked Menomonee; do not know if he could talk English; could not tell who his mother is.

     Henry Stanley called - Can talk Monomonee considerably, have been with the child since it has been at Mr. Cooley’s; have tried every way to see if he could talk English; and to all my questions he replied that he could not understand me.  The Indian woman was at Mr. Cooley’s the first night I was there; she went away - was gone nine days, and came back; in that time the child had all possible liberty, and was indulged in everything.  I never asked him if he had ever been stolen; but asked him if he had ever made sugar with white folks.  I have tried every way to find out  if he was a white child; am satisfied he is the Indian’, from his telling circumstances that happened among the Indians; have heard him speak some English words, pronouncing after the boys, in the bar-room, which he seemed pleased to do.  While the Indian woman was gone Mrs. Partridge called; I think four or five days after she had been there, she told me she could not swear it was her child.

     Cross Examined - First saw the boy t Kimball’s; went home and told mother I thought it was Partridge’s child; do not remember telling any other so.

     Sheriff Cooley called - Heard Mrs. Partridge say the second or third day after she had been there, that she was not positive it was her child; she was washing it at the time; I told her not to let her affections become too much set on the child; have had all possible chance to satisfy themselves.  The Indian woman was not there after the first until the ninth day, the child has been under no fear from her influence, to my knowledge; have heard him speak many words in English.

     Joseph Revior called - Have been acquainted with this woman seven years; have seen the boy; have no doubt the child is hers. I was at work for the Government, blacksmithing at Winneconne, and he came into the shop nearly every day; knew him before Partridge’s was lost; first time saw him, he was tied up in bonds.  I have seen him growing up every year.  In February, three years ago, I was discharged; in April I went with Mr. dodge across Poygan; saw the child there; as I came back I met Mr. Partridge who said he had lost his child, and was looking for it among the Indians; I know this child is the Indian’s; when I saw him in the blacksmith’s shop he talked Menomonee; I cannot be mistaken in him.

     Cross Examined - Am well acquainted with him; do not know his name; when I was at the sugar camp, two years ago, he cold talk good English.

     John L. William s called - Have been acquainted with this Indian woman over five years; have seen the child frequently; never, I think before Mr. Partridge’s was lost; noticed it particularly in June last; it could then speak good Menomonee; the boy is the same that I saw.

     John Johnson called - Have never seen this woman until this winter; first saw the child last October at the Pay-ground; he spoke good Menomonee.  I was employed by Wm. Partridge, to interpret for him as I understood the language somewhat - was with him two days; he paid me some money; said he was short of funds and if the child was not found it was a dead loss to him.

     Amos Dodge called - Am acquainted with this woman but know no particular name for her; think I have seen her for the last five years; I have tried and found the child cannot speak English, though I think he could understand it a little; speak Menomonee a little myself.

     Cross Examined - I had some talk with this Indian woman; asked her who was the child’s father; she refused to reply at first, but finally said Caldwell; I stated that she said it was her husband’s; I asked her who her husband was, and, at the time, she said Caldwell; I have never stated that she lied to me, or contradicted herself, as to who was the child’s father; I never stated there were marks on that child that never were, and never could be found on an Indian child.

     Re-examined in chief - Know but little of Mr. Caldwell; he lives on an island below Neenah; has an Indian woman for a wife, and three or four children; have seen his children - no resemblance between them and this child; they are very light for half-breeds.

     William Powell called - Have been acquainted with this woman  ten or twelve years, and with the child since 1848; have seen it frequently; know this child was with the Indian woman before Mr. Partridge’s was lost; the same spring that the child was lost, not long after the search, Mr. Partridge asked me to go up the river with him, to make inquiries among the Indians; I told him I would, and started directly for the chief of the band, then across the river, at Winneconne; he promised to send out runners; I saw this woman in the same lodge with the chief to whom she belongs, also the child in dispute; I wished to re-cross the river - I asked the boy (as none but women were in) if he could take me across; I spoke to him in Menomonee, and he answered in the same; he got a paddle and came down with me to the canoe; there I found a larger boy; this was not long after Mr. Partridge’s child was lost. When the child was brought form Waupaca to my house, and thence to Mr. Partridge’s, Mr. P. promised to return the woman and child that day, but did not do it.  I went up to Poygan, and, on my way back, received a note form Mr. Partridge requesting me to go to his house; I arrived after dark there met Wm. Cross and a good many ladies and gentlemen; they wished me to call the boy up, and see if he could speak English; he said he could not; some one, don’t remember who - think it was Mr. Partridge - requested me to ask the Indian woman if she would sell the child and what she would take; I replied that I did not like to, but if Mr. and Mrs. Partridge requested it, I would and did; the reply was, “who ever heard of such a thing as selling a child! that they had not enough, nor could give enough to induce them to sell it.”  I asked them if they claimed the child; Mr. Partridge said he had never claimed it.  Mr. P. said that when it was first brought into the house, she knew it was not hers, that she was still looking for them to bring in another boy; they, the Indians - were fixing up to go back that night, but it was cold, and I asked Mr. Partridge to keep them that night, and bring them over to my house next morning; he did so; he, himself, then requested me to ask the Indian if she would sell the child; I said I had done so once, and he did not insist; I am sufficiently acquainted with the child to know that it is the Indian’s; it has always been claimed by her; I know positively, it is the same child I knew in 1848.

     Sho nah-a-nee (Catholic) called - (Mr. Wm. Johnson was here sworn as interpreter for the Indians).  Am acquainted with the Indian woman who claims this child; she is my child, or my brother’s, which is the same thing; I am chief of the band to which she belongs; have known the boy since he was born - was born at Lake Poygan; she has lived with me since that time; he is going on eight; the band, woman and child have lived in Winneconne since its birth; I have no doubt it is her child, why should I doubt it; do not remember children of like age with this are in my band; I am not blind, the woman is my child, of course I can see her - have seen her nearly every day since the child was born; the mother made sugar, spring before last at Poygan, on the Indian, or west side of Wolf River, about twenty-one miles from the Rat River; the woman and child were on the west side of Wolf River, at Poygan, the entire time of spring before last; she did not make sugar at any other place that spring.  O-ah-ka-hah is the child’s name; it is a name after the thunder; the marks on the corners of his mouth were made by small-pox; the marks on his breast by another disease, and that on his foot by the cut of a knife; no other scars on the child; Pi-ah-wa-tah, its father, a full blooded Indian, is dead; Nah-kom, is a full blooded Monomonee; the father was sick with consumption, at Payment; died in the winter; at the next Payment, at Poygan, the child was born; Nahkom has had no children die; the child was sick but a short time, with small pox; I know it was that disease because I saw it, and had it the same time; I cannot talk English; the child is too young to talk it - at his age he could not learn to talk it so quick; he is my grandchild; I saw him when his foot was cut; have had him in my arms and kissed him; why should I not know my grand-child?

     W. T. Webster called - Have been acquainted with this woman and child since 1845; she lived at Poygan and Winneconne; have know the child for five years; have seen him with her often; should think him her child; she always had him with her, when I saw her, until lately.

     Cross Examined - Have never said I did not know, nor could identify this child, nor swear that it was Nahkom’s; did say his eyes resembled the girl’s, but that it could not be her brother.

     Carron (Indian Catholic) called - Have known Nahkom eighteen years; have known the child two years; it is Pi-ah-wa-tah’s child; when at my house, at Poygan, it talked good Menomonee.

     Cross Examined - Nahkom has got, I don’t know how many children; have seen this one frequently, at Poygan; have never talked with her about the child; we never talk of children only when they are sick.

     Wah-she-won-na-ken called - Have known Nahkom, my niece, ever since she was born; have known the child from his birth; I have no doubt that the child is hers, and the Almighty hears me; I form my opinion from continued acquaintance.

     Kosh-kos-e-ka (not a Christian) called - I know the nature of an oath; a falsehood would be killing my body and soul - will tell all the truth; am a relative of Nahkom’s; was at Poygan when the child was born, the mother and child were always with us in sugar making; ever since it was born Nahkom has made sugar where I have made it; am satisfied he is her child.

     Cross Examined - Stayed with Nahkom, after the birth of the child three or four days; next saw it about the time we made sugar; Nahkom made sugar two years ago this spring, on the west side of Wolf River.

     Shau-ween-a-wona called - Am going to tell the truth, and God hears me: was with Nahkom through her sickness when the child was born, at Poygan; when a child is born we have a fashion of sticking a stick up; we did so then, and the stick still remains; have seen Nahkom every fall at the Payment; this child has been at my lodge, and I have fed it; the Almighty gave me eyes to see, and I know it is hers.

     Cross Examined - Have lived at Poygan since the first Payment; Nahkom has lived at Winneconne since that time; I know she made sugar two years ago last spring at Poygan.

Nah-tum-pe-mo-na called - (Is not a Christian woman).  Does not believe the Great Spirit will punish her for doing wrong.  Knows nothing of the sanctity of an oath.  Am an older sister of Nahkom; we have lived together in the same lodge since the child was born; I know this is Nahkom’s child; t’was born at Poygan; I suckled it; it had the small-pox, two years ago, at Winneconne; the mother and child were riding a horse, and, in crossing a slough, the horse jumped and threw them both off, and the child got hurt on the breast.

     Cross Examined - It was hurt before it had the small-pox; the marks at the corners of its mouth, on the stomach and back, were caused by small-pox; its father looked like a full blooded Indian.

     Lamote called - Have lived at Poygan eight years; four years ago, Nahkom made a visit at my house, and brought this same child; I noticed it particularly it was very white; have often thought about the child since then, because it was a very warm day, and it had on a blanket coat and a pair of leggings.  When I heard of this white woman losing her child, was very sorry; knew this child at the time; it was running about my door.  At that time it could speak good Menomonee; have seen it frequently since, and know it is the squaw’s.

     Nahkom called - (Is not a Christian.  Believes the Great Spirit will punish her when she dies, if she does not tell the truth.)  Am the mother of the child in dispute.  It was born at Poygan about Payment time, seven years ago- in the spring it will be eight; I have lived at Poygan always since the child was born; lived at Winneconne, summer before, and last summer; but not long; stopped with my sister; live now at Poygan.  I planted corn at Cowen’s, but not opposite Winneconne; generally go with the hunters to the woods to winter; have made sugar at Poygan for the last two springs; have lived at Poygan village at the mouth of Little River for the last seven years; I mean where I plant is my residence.  Three years ago, when I went on the Oconto River, I left my child with my father - this is the same child.  Was gone five months; when I returned I went myself after the child, in a team of Mr. Cowen’s.  My father’s name is Au-sheen; knew nothing of a child being lot until some white man took this child from me.

     Cross Examined - My husband was a full blooded Menomonee, and so am I.  Pi-ah-wah-tah is the father of the child here in court; I told Mr. Smalley that the child belonged to Caldwell; do not know that Caldwell is a white man; have seen him at Winneconne; not acquainted with him; never said the child was by my present husband.  The marks on the corners of his mouth were caused by small-pox; he fell from a horse while yet in an Indian cradle, which caused the marks on his body; this occurred six years ago; he had the small-pox two years ago; he has other marks on the back and breast, caused by the small-pox; last fall he got cut on the foot, with a knife, which made the marks - these are all the marks on him.  I have never struck or cuffed him for talking English; have two children by my second husband; it will be eight years, in the spring since he died - he died after the child was born.

     Joseph Porlier called - Knew this Indian woman three years; first knew the child three years ago, at Winneconne; he was at a wigwam on the west side of the river, with his mother; noticed him particularly, as she considered herself some kind of relation to me, and showed him to me - have not seen him from that time until day before yesterday.

     Robert Grignon, (French) called - (Mr. Johnson interpreter.)  Have known Nahkom twenty years - first saw the child at Poygan, six or seven years since; have seen it frequently - in its mother’s arms - in her lodge - as she passed my house, and at my uncle’s, Augustus Grignon; was well acquainted with the child before Mr. Partridge’s was lost, and am certain he is the squaw’s child; never heard him talk English, though he might; he talked Menomonee two or three years ago.

Seymour Beauprey called - Have known this Indian woman and child, intimately for five years - first saw them at Webster’s house - knew them well enough to recognize them, at any time; have no doubt he is hers, because I have always seen him with her; have seen him a great many times before Mr. Partridge’s child was lost.

     Au-ke-na-po-ah (Catholic) called - Have know this woman ever since I can recollect, and the child since it could walk; saw him at Poygan over two years ago; he then spoke good Menomonee:

     Cross Examined - Have lived at Poygan the last five years - Nahkom has lived on the other side of Poygan, near the mouth of Little River, during that time - have seen her every spring, after sugar making; have seen the boy about the same time.

     Osh-ki-we-ah-nah-nee (Catholic) called - Am a brother of Oshkosh chief of the Menomonees - have seen Nahkom, and the child here in court - first saw the child, seven years since, at Poygan; at the time the list of Indians was made out by Mr. Jones, I acted as interpreter - the child was born the night after - saw it next day with its mother; an agreement was made to pay this child out of the fractions of the money.  I have no doubt this is Nahkom’s child.

     Cross Examined - Saw no mark on the child when I first saw him; Nahkom has lived at Winneconne since the child was born; have seen her at Winneconne, Poygan and Waupaca Falls.  Nahkom’s wigwam was at Winneconne, two years ago this coming spring - she made sugar that spring at Poygan; the sugar ground was on the Indian land - I know where Rat River is; it is not on the Indian land; Nahkom made sugar at Rat River, seven years ago - it was the last time she made sugar there- it is fourteen miles from where Nahkom made sugar two years ago, to Rat River, and nine miles to the nearest point on that river.

     Archibald Caldwell called - Reside three and half miles below Winnebago Rapids; have lived in this section of country 22 years; my main business has been trading with the Indians; got acquainted with Nahkom at Winneconne, January 1844; she then had a husband, Pi-ah-wah-tah, who died that spring in February; I made his coffin; traded with them that season; at Payment I saw Nahkom with a child in the cradle; could not say whether this is the same child or not, but it is the same I have seen with her since, at every Payment, and frequently other times; my attention was first called to it by the boys joking me about its being my child; this was in 1844; saw her next Payment in 1845; I saw them on the Pay-ground in 1846-7 and 8; saw it there with its mother, in 1849 and ‘50; I did not trade with them, but saw them frequently; I heard of the loss of Mr. Partridge’s child in April, 1850; went, at his request among the Indians; do not know where Nahkom made sugar that spring; she was not with that portion of the band that made sugar on Rat River.  I recognized this boy as the same I saw at Payment in 1848 and ‘50 with her; I am as positive that this is the child as I am of the identity of the court; have seen children among the Menomonee’s that looked more like white children than the one in court.

     Cross Examined - Have had no conversation with Nahkom relative to this child; she, nor anyone of her family ever told me who its father was.

Wm Johnson called - Have lived among the Menomonees twenty years; have made their habits my study; don’t know anything of their habits in court; when an Indian answers a question once, and is requested to answer it again he always gets excited and angry; they always expect to make a speech, and know nothing of being interrogated.

     The defense rested here, and the rebutting testimony was introduced.

Mrs. Mary A. Partridge called - Have seen the boy in court - was personally acquainted with him; he is Alvin Partridge’s child; his name is Casper Appollos; saw him frequently.  I have had some conversation with him, in English, since he was found; his mother gave him a pin t fix his attention while I observed him; I said, “take the pin and pin your shirt collar;” he immediately raised his had to do so, without any sign from me.  I said, “you can’t do it - hand it to me - I will do it for you,” he immediately handed it to me.

     Cross Examined - This happened at Mr. Cooley’s; have not seen him since then, until her in court; saw him frequently the summer before he was lost; at that time he spoke good English.  I live three and half miles from Alvin Partridge’s; I was often there, and the child was at my house frequently.  He was a fleshy child, his head very full in front, but not so full back, and had dark hair.

     Mrs. Polly Ware called - Reside at Waupaca, am not much acquainted with Nahkom; have seen her and the child in Waupaca, and had some conversations with her; she said the scars on the child were caused by “skeeta” which a gentleman present said was fire; she pointed to the stove when she said it.  I spoke to the child in English and she cuffed him when he undertook to talk the same.  The child was taken to Mr. Dreutzer’s, when I washed him.  Nahkom made some objection; he was very dirty, his hair and body covered with what seemed lamp-black and grease; when I touched him my wrist and hand were crocked very much; while washing him, he said “Give me some water.”  When washed I called two physicians to see the scars on him - a scar on the ankle, one on the breast the size of a shilling, perfectly round, and about an inch and half from collar bone; threw under the chin of the same shape, but not so large; one upon the left eye, an done on his side; he is quite round shouldered; there is nothing peculiar about his breast; it is a regular as any child’s; one side is a little fuller than the other, but this is quite common with children; I have raised a number; I was with him one day, called him “Casper,” and he looked me full in the face; called him so the second time; he drawed his head, and the squaw cuffed him.

     Cross Examined - This occurred, I think the third of January last; I washed him all over, and much cleaner that he is now.  I washed him so clean that the scars were visible; in two waters, for the first was black as dye; after washing him first, I put a white shirt on him; which got very much crocked while washing him the second time; at the second washing, I discovered little places about the size   of fish-scales, on his shoulders and back, perfectly white; we were going to wash another child of the squaw’s but she would not let us, she claiming more authority over it than over the boy.

     J. H. Hibbard called - Have often seen the boy, in court; was teaching school at Waupaca; one day the squaw and this child came into the school-room to sell venison; I told her to puck-a-chee, (be off) and she left somewhat offended; the next day, as I came back from dinner, I saw this child before the school-house; I used the same phrase to him in a laughing way; he seemed to know why I spoke to him thus and laughed also; he spoke of his own accord, and said: “No good squaw,” I made no reply, and he further said: “I am no Indian papoose,” adding, “Indians carry me off,” and made motions with his hands.  I looked up surprised; he saw from my expression, that I was surprised, and he then appeared surprised, I made further remarks, but could get nothing out of him; came to the conclusion that he had been off his guard.

     Cross Examined - Came to Waupaca the 18th of September last; heard the boy make these remarks some three or four days before he was taken to Mr. Dreutzer’s.

     Olive Hibbard called - Reside in Waupaca; am acquainted with Nahkom; have had conversation with her; she told me she had but three children; these she had in my house frequently; the oldest was not the child in court - was a white, and hair a little curly; he squinted a little; I used to see the child in court sometimes three times a day; came to play with my children; he did not seem to have any particular guardian; have seen him in several lodges, and fed by different squaws: have heard him speak some English; he seemed to understand it when we spoke to him;; have  heard him say “yes” and “no” and call my boy “Henry” as plain as I can.  He was next brought to my house and examined.  Mrs. Boughton, sister of Alvin Partridge was called in; she said she should like to see his foot, as her brother’s child had a scar on his, and if this was the same, the scar could be seen; his foot was washed and a small scar found.  At the time the child was at Mr. Dreutzer’s, I went to see him and found the scars; I asked the squaw what caused them, and she said he fell into the fire.

     Cross Examined - Do not speak Menomonee; never heard Nahkom speak English; the conversation between her and myself was more in motions than language, when I asked how many children she had she put up three fingers; I can swear positively, that Nahkom told me this child, in court, was not her child; she told me this more than twice, by signs , in the same way she told me a thousand other things;  if incorrect in this I am incorrect in all; I think the boy understands Mrs. Boughton when she asked him of his uncle - he appeared to.

     J. H. Hibbard re-called - The child was taken to a Mr. Miller’s to be kept until Mr. Partridge arrived; there, a gentleman called him “Casper” and the boy immediately looked up, and the present husband of the squaw cuffed him for so doing; he told them to call him again and see if he would look up; the child had no particular wigwam; he took his meals at different ones, an uncommon thing for their children; when the squaws go from one place to another, their children frequently accompany them; but this child went with no one in particular; never saw him with squaw but once. 

     J. B Hibbard called - I have heard my wife ask Nahkom how many children, and by signs said three; when asked which they were, she pointed to two small ones, and to a taller one, and about the same complexion as this one; never heard her designate this boy as one of hers.

     Cross Examined - Don’t understand Menomonee; this information was obtained by signs; Nahkom pointed out the children which she claimed.

     Simon S. Moon called - Have seen Nahkom and the child in court; one time they were at my house, and an Indian; the boy undertook to go out of doors, and the Indian called him; I asked him if it was his papoose, and he said no - asked Nahkom if it was hers and she shook her head; asked them how many papooses they had - the Indian said three; the next time I saw this squaw, she came with a young papoose to my house; got something to eat; my wife gave him five cakes; he counted them over several times in English, as regularly as I could; a gentleman present told him there was more than five, but he could make only five; this is the boy in court; Nahkom told me the mother of this child was dead.

     Cross Examined - this took place at Waupaca; do not talk Menomonee; talked English to them.

     Alfred Woodard called - Have seen this child at Waupaca, and heard him talk a little English; I was going by there with an ox-sled; he and several others got on to ride; asked him if he could drive oxen; he said, “yes;” gave him the whip; he took it and talked to the oxen and told the to “haw;” I called one of the oxen “Bill,” and told him to “get up;” the boy spoke it after me; after that he was at my house while we were eating dinner; when I asked him if he would have a piece of bread he said “yes.”  At the time they took him from the Indians I heard him say “don’t cut the skin.”  When Mr. Partridge went to take him from them, he said he was cold, held out his hands and said he wanted to “warm” them.  When he was at Mr. Hibbard’s I was there; heard them ask him several questions about Mr. Partridge’s folks.  I, with several others, followed him to the wigwam.  Mr. Dewey called him “Casper,” and he looked right up at him, and the Indians present repeated it after him.  Mr. Dewey then told them it was “smok-e-man’s papoose,” and one of the Indians said “dam fool - Casper - smok-e-man’s papoose.”

     Cross Examined - This was about the first of January; don’t think the name was repeated to him until that time; think it was repeated to him three times in the wigwam, and at each time he looked up.

     Wm. P. Cooper called - Nahkom was at Waupaca in the fall of 1840 without the child - am well convinced that he understands English; hear him say at Mr. Dreutzer’s house, “mamma, come here.”  It was generally conceded by the people of Waupaca that he is a white child - the ladies first took up the matter, and caused their husbands to look into it.  From the reports of the children, relative to the child’s speaking English, this feeling ran along about two or three weeks - the child was then taken to Mr. Hibbard’s, and Mrs. Boughton called in - the child’s foot washed and the scar discovered - so convinced were they,, that Mr. Boughton started, after dark, to go down to Ball Prairie, a distance of forty miles, to Mr. Partridge’s - means were taken to secure the child, a physician got, and Rev. Dr. Marsh procured to act as interpreter - we went where the child was, and then to the supposed chief, whom we called “Peter” who, we thought, the most candid of the Indians; when the facts of scar &c. were stated, the chief denied there being any scar on the child’s foot; this made us more determined, as we knew there was such a scar.  They said they were going to Poygan next day - that it would be inconvenient to stop for Mr. Partridge’s arrival; they finally compromised on three dollars a day - the child was then taken to Mr. Miller’s - by lack of guard, it got away next morning, and returned to the wigwam; the Indians refused then to fulfill their agreement, and the child was taken, by force, to Mr. Dreutzer’s, and kept there until Mr. Partridge took possession of him.

     Henry Stanley re-called - The boy never told me had had lived with Mr. Partridge - he said he had been there, with his mother, in the spring - that he lived in a shanty, but were building a new house - he described it as a large house - he said he had but one mother, and that was Nahkom; he said the scars were made by what he called medicine - that those on his mouth were made with a “mee-te-quap” which I understand as something belonging to a bow and arrow; he mentioned what he called “Wiscosa,” (what the Indians call Wisconsin) he spoke of dog “Watch,” by seeing a watch in a bar-room, at Mr. Cooley’s, he asked what it was, I told him a “watch;” he said he knew a man once who had a dog by that name.

     Dr. James LaDow called - Reside at Oshkosh; my profession, for the last fourteen years, has been practicing medicine.  I have examined the boy in court - have examined the scars upon the child, and my opinion is, they were not made by small-pox; many things might have caused the scars; I have examined the scars about the mouth, and never saw an instance of such marks caused by small-pox - think they are not caused by that, because poc-marks are usually in groups, when but few exist - these on the boy are not so, I think I am sufficiently acquainted with my profession to judge between the physiological developments of the Indian and white race.  The difference between nations is shown by national characteristics of brain and feature.  By denition we cannot form an exact opinion of the age of a child - have examined this child’s denition; it is my opinion he is even years old - the bicuspids have been shed, but I don’t know how long - the child may be less than seven, or more than eight.  This morning I found a scar about half way between the heel and toe, on the instep - scars on children frequently go down, that is change places as the child grows older.  In the examination, two girls of Mr. Partridge, the boy in dispute, and the child Nahkom carries in her arms, were brought together - I designed to ascertain if the child understood English, and said to him, “bub, whereabouts is the scar on your leg;” he immediately put his finger on the spot afflicted.  It is common to observe a resemblance between the toe and finger nails of parent and child, and member of the same family - there was a striking resemblance between those of the older girl and the boy - none between the boy’s and Nahkom’s child; I saw a partial analogy in the temperament of the boy and girl - much less between the boy and Nahkom’s child.  I do not believe the child a full blooded Indian.

     Cross Examined - It is my opinion that the scars were caused by external injuries, or might have been from internal eruptions, growing out of extreme injuries - applications of caustics, or the like, bound on, might produce such scars - a deep burn, extensive over the surface, could produce a shriveling of the skin.  On one side of the breast-bone, the chest is much higher than on the other - it might have been caused by an injury, or by hereditary descent - had it been when very young, it would be come partially obliterated, as the person grew older - such an injury, by weakening the muscles of the stomach, might have had a tendency to make the person round shouldered.

     Dr. Cutting Marsh called - Have resided among the Indians nearly nineteen years, particularly among the Stockbridge’s - while I lived at Stockbridge there were some Monomonee Indians, more or less, encamped there; am somewhat acquainted with the Chippewa language, which I consider the mother tongue of the Menomonee.  ON Saturday evening, the fore part of January last, I was sent for, by the people of Waupaca, to interpret for them with the Indians, as they wished to get the child until Mr. Partridge could be sent for.  I then called for the chief, and “Peter” came forward - after long persuasion, no threats, and a promise to give three dollars a day for the detention, Peter gave his consent that he child should go with Nahkom, her husband, and two young men.  During our conversation Peter denied a scar being on the child’s foot, and when I went to the other end of the lodge, to have the child taken to the house, I found that Nahkom had been listening, and understood me, for she said, by signs, that there was no scar on the child’s foot - she and her husband said they would not talk with me, because I could not talk straight - next saw the child at Mr. Dreutzer’s. a few minutes after Mr. Partridge had arrived - I first looked at the ankle for the scar, and found it - his hair was unlike a full blooded Indian child.  I have been in the habit of noticing the modulations of the Indian voice - when the boy answered questions, it appeared tome, that his mother tongue was English - I asked him a question in Indian, his reply was in English, “No sir,” as promptly and fully as I ever heard it pronounced by an English child in my life - I have never heard an Indian child make a reply in that manner, among the Menomonees, Sacs, Foxes, Ottawas, or Chippewas - people repeatedly asked it, in English, “where is you mother?”  Nahkom being in another room, and as quick as was asked, would point to Nahkom, as though he perfectly understood what was said.  I fully concur in Dr. LaDow’s statement, as regards the examination, yesterday - I don not think the scars on the child, the result of small-pox - there is a striking similarity between the foot and toes of Mr. Partridge’s little girl and those of the boy.  while examining the right foot yesterday, I found a scar, which the boy said, was caused by his little brother cutting him with a knife; when he went into another room, at Mr. Dreutzer’s, where Nahkom and her husband were, she pointed to the corners of the boy’s mouth, and said the scars were made by the “mis-qua-sho” - small-pox.  I understood her to say that its father died with small-pox - that the child and father took it about the same time at the Payment; I am a physician; have practiced the last fifteen years.

     Cross Examined - I speak Chippewa; the Menomonees understand it - when they speak to me in Menomonee I cannot understand all they say; I do not know whether the boy was cut with a knife by his brother - the boy so stated yesterday.

     Alvin Partridge re-called - Have an affection of the breast - like that described by Dr. LaDow - think it natural - one side is out farther than the other. Lived in a small shanty, at the time the child was lost; live in a large frame house now.  Father had a dog resembling an Indian dog, that used to be at my house - the child was very fond of it; the dog’s name was “Watch.”

     Cross Examined - At the time the child was lost his hair was dark brown; had a full round face and was quite fleshy; the marsh was directly west of the sugar camp - the tracks found were leading toward the big marsh; they were on an ant mound.

     Mrs. Catharine Armstrong called - Am acquainted with Mr. Partridge - the Indians said they knew where the child was - knew the squaw that had it; they threatened his life if he made known that he was a white child; they said the squaw was angry because Mr. Partridge had taken a canoe that belonged to her, and that was the reason she had taken the child; they said I had better not tell Mr. Partridge anything about it, for, if I did the child would be killed, and thrown into the bottom of the creek near Mr. Partridge’s house; Perote’s wife told me this and Perote assented.  This took place at our house, nine miles form here, on the lake shore, south, about a year ago.  I know two Indians; one of them could speak good English - I think they will tell lies for bread - if the lied then, they have told lies here in court.

     Dr. LaDow re-called - Dr. Wright called my attention to the condition of his hair - I thought from the appearance of the hair and the skin, that it had been colored and stained.  The skin is composed of three layers; the middle layer gives color to the skin, - black to the black man, and white to the white - make an application to the substratum, under the scar-skin, and a stain so communicated, will last for years - it is a physiological fact, that a stain once communicated to this lower layer, although it may have been done in a short time will sometimes remain for a lifetime - if the arm be bared to the sun for six weeks, a stain is sometimes produced which lasts for yours: there are many agents to produce this; a change of habit - an application of nitrate of silver will make a white man almost as dark as a negro; I have seen some cases of this when the application was taken inwardly: I conclude that the boy’s hair had been colored, from the fact that the skin on the head had a different appearance from that on other parts of his body - when I found the scar on his ankle, I remarked with earnestness, “There is the scar - it is plain to be seen,” and the child burst right out a crying - he was powerfully surprised that it had been discovered; I noticed the heads of Indians that day - I thought there was a similarity between the skin of the head and other parts of the body.

     J. H. Smalley, called - Have seen Nahkom - called on her the first evening she came into town - inquired of her who was the father of the child; she said “My husband, of course,” and explained it as meaning her “other husband;” I said “Don’t lie to me, this is a half breed child:”  she looked up surprised, and said it was Archibald Caldwell’s - I asked the child, the first night he was brought here, where he first learned to talk English - he replied in Menomonee, “I don’t understand you:” he never told me he could talk English. At Mr. Kimball’s, I spoke to him sharply in Menomonee, “Why don’t you talk English?” he answered, “My mother will whip me if I do.”  I told the boy he was smokiman’s child, and he answered “Kon” (no).

     Cross Examined - Never asked him any questions in English which he appeared to understand - have head him say “yes” “no” and answer some simple questions.

     Sylvester Watch called - I heard Mr. Webster’s testimony; the last time we went for the child, I was at Mr. Webster’s I asked him whose it was - he said he did not know, and made strange about it - said he had fed and knew the child, but could not identify it as she might have swapped it away.

     Washington Manuel called - I heard most of Mr. Powell’s testimony - was at Mr. Partridge’s when Powell came there - was there all the while he was there; he stated that Nahkom had three children on the Payment roll, and from that supposed this must be her child, though he was not particularly acquainted with the family; he could not swear that this was her child.  I suppose I heard all the conversation that took place there, but I did not hear him ask Mr. and Mrs. Partridge if they claimed the child: I think I should have heard it had they done so - think the boy in court is Casper Partridge, was acquainted with him for three years before he was lost.

     Ward Lent called - Was acquainted with Casper before he was lost; think the boy in court is Casper - I was among the first to discover him - went to the wigwam with Mr. Hibbard - I asked the boy his name and he looked up as if he was going to answer, when the squaw shook her head at him and he did not; she gave him some potatoes to eat and I asked him if he like them and he said “yes.”

     Samuel F. Ware called - The first day of January last, I went to the Indian’s camp at Waupaca, with one or two men, who pointed out the child - I spoke out “Casper,” and he instantly looked at me in the eye; the squaw, seeing this, cuffed him, and apparently scolded him again; I left the camp convinced that he knew his name, and that that was Casper - when taken, a second time from the camp, I heard him say in English, “yes,” “no,” “warm,” “cold,” “water,” “mamma,” “papa,” I heard the squaw tell two different stories about the scars on his mouth and breast; one was that it was burned, and the other that it was done by medicine - Mr. Dreutzer, understanding Indian, said that was what she said; it is my belief that I saw Nahkom two years ago; she did not have the child then.

     Mrs. Ann Atchiv called - First saw this boy last spring - saw him often - heard him say English words.  His mother and other squaws came with strawberries - I bought them and they left in ten or fifteen minutes  this boy came with a pint full of berries:  I asked him what he wanted and he said distinctly, “There is a pint of berries and I want a quart of flour.”

Cross Examined - This occurred in Winneconne.  I saw him before and since; he frequently came and said in plain English, “I want a piece of bread and butter.”

     Geo. W. Partridge called - Reside in Vinland; have known Casper since November 1846; am positive this is Casper Partridge.

     Mrs. Rebecca Barnes called - Reside in Oshkosh; this boy was at my house - he came to the table and reached his fingers nearly into a dish of apple sauce and said, “I want some of that:”  I then went into the pantry and he followed me and said, “I want some tater.”

     Miss Mary Barnes called - Heard the boy say “I am tired” and when playing with children with some money he said; “I will get it.”  This was at our house, he was there an hour - Mrs. Partridge’s little girl was there, and they went to play; they had a string and were playing horse - she was driving him and he said, “I am tired,” she told him to drive her, and he went behind her.

     Everlin B. Hamlin called - Reside at Winneconne; first knew this boy last summer; had some talk with him and played marbles with him; he said: “let me take your marbles;” he would come into the house and say, “I am hungry; I want something to eat,”  I was shooting with my brother, and the boy said; “Let me take the bow;” at first my brother refused, and he said “Oh, do;” in court, this afternoon, while we were at the stove he pulled me over to him, and said: “You got handkerchief?” very plain.

     Cross Examined - I used to see him nearly every day - none of the Indian boys could talk English as well as he; he used to play with all the boys - he went around to the houses begging for both clothes and food.

     Wm. Swan called - Was at Mr. Partridge’s the day Mr. Powell was there - Powell said he had been over the river, which made him so late in coming. He stated the names of many who could testify to this boy from four to six years - one who could from his birth; said he could not identify the boy himself, but could sear that the squaw had three children; did not hear Mr. Partridge ask to buy the child - I was so near Mr. Powell all the time that I could have kept my hand on him - he did not ask the privilege of the Indian woman and child staying all night.

     Alvin Partridge re-called - Heard Mr. Powell testify here in court, to what took place at his own house; when I got there I asked him if he knew anything about the boy; he said he knew the squaw; thought she had three children - that she had lost part of them, he did not know but all - that he did not know her children - he inquired the boy’s age of Nahkom, and the reply was, that it was born at Poygan, at the first Payment, in the fall of 1843; he gave it as his opinion that this boy could not be as old as that.  The next evening, at my house, he said he did not know, himself, that the child was the squaw’s; there was nothing said by any one about asking Nahkom what she would take for the child; neither did he ask us if we claimed the child.

     Cross Examined - My team took Nahkom up to Mr. Powell’s the next morning, when I took the woman and child from Mr. Powell’s the agreement was, that I should return them, if we were satisfied he was not our child.

     Wm Partridge re-called - I was at Mr. Webster’s when the child was taken by Mr. Kimball.  Mr. Webster stated definitely, and a good many times that he could not swear, positively, the child was the squaw’s, though he thought so, nor could he identify it, in our conversations.  I heard Mr. Powell say, that we, referring to himself and Cowen, were not personally acquainted with the child, but they knew form the roll that she had such a child.

     Mrs. Lucia Partridge re-called - At Mr. Kimball’s I told him that he was my boy, and if he wanted to live with me, he might put his arms around my neck and kiss me; and he did so, since, he calls me “ma;” I think he knows me as well as my other children.  At Mr. Kimball’s, I took a picture book, in which was a picture of a knife, and asked him what it was; he said, “knife;” I pointed to the picture of a fork, and he went to the table and took up a fork; I told him I could not talk Menomonee, that he must talk English; he then said “fork;” I told him Loretta was his sister and he might talk as much English as he pleased to her; he smiled and said “good morning Loretta;” last evening he wanted Amelia to sleep with him; he said “Amelia sleep;” she did not lie still, and he said, “lie down, Amelia;” then he said, “Amelia, say stove;” I went out of the parlor into the pantry, and he said “ma, come her;” I asked what he wanted, and he said, “some water.”  At the supper table we were speaking against Mr. Smalley, and the child said: “Be still your noise;” Mr. Kimball said he meant the children in the other room, but the boy replied, “No - Smalley,” and shook his head; when asked what he would have on his plate, he said “gravy, potato, milk, butter;” he talked a good deal of English to the children in bed.

Re-examined in chief - Did not have full access to the child at Mr. Cooley’s; it was frequently in the bar-room; Mr. C. frequently took him away riding; when Mr. Partridge’s brother came down Mr. C. took him away riding.  Neither Mr. P. nor I have Indian blood in our veins.  I had very little access to him at Mr. C’s.  The Indian mother had free access to him; she came Sunday afternoon; I did not see him until next morning; and then he was painted up.

     Cross Examined - I never asked to have access to the child and was refused, but did not have the opportunity I desired of being with him; have had no conversation with him to direct his attention to his early childhood.  Mrs. Kimball, this morning, was talking over the circumstances of his being lost, and while doing it the child burst into tears, and she could not quiet him.

     Mrs. Mary Kimball called - I heard the conversation between Mrs. P. and the child, as related.  Some ladies called to see him; I said to him, “come into the other room;” he replied “No, sir;” I said “O, yes, do;” he replied “No sir-ee;” I once said to him, “you must talk in English;” he then exclaimed, “Oh, squaw!” placing his fingers on the corners of his mouth, and then on his back.  (By Mrs. Partridge,) “No sir-ee” was a favorite expression of Casper’s before he was lost.

     Alvin Partridge re-called - Do not remember positively on which foot the cut was - it was not a bad cut, and left a small scar; we frequently spoke of it, thinking if he was ever found we could tell him by it; my sister said, before he was found that she was positive it was on his left foot, near the ankle.

                                 Here the complaint closed.

     The hearing of testimony had taken six days, from Thursday, February 12th, to the Wednesday eve following.  The interest he manifested was greatly increased on the last day.  Public opinion pronounced the child to be no other than Casper Partridge.  Up to the 4th day of the trial the child was brought into court presenting a very different appearance, very dirty, and his ears some of the time filled with Indian jewelry, and looking, in the least manner possible like a white child.  The friends of the child demanded that he should be placed in impartial hands; accordingly the child was taken and washed, and when returned, so changed was his condition, and appearance, indicating his English origin, that a most marked sensation was manifested by the spectators.  On the following Saturday the agreements of the counsel - Mr. Crary, for complainant, and Mr. Whitney, for Defense - were heard.  Commissioner Butterick stated, at the close of the trial, that his decision would be given before the next 6th of March.  But Mr. Partridge  was repeatedly assured by Mr. B. that the case would be referred to the Circuit court.  With this understanding Mr. Partridge pledged himself in bond of $2000, for the appearance of the child, when called for, and the child was given into his possession.  The affair thus remained unsettled.

 

===========================

 

APPENDIX

 

     A sufficient opportunity had not been had before the trial, to fully test the child’s recognition of things and places with which he had been familiar before he was lost. Enough however, was observed of his recognition of persons with whom he had been acquainted, as is evident from the testimony to establish in the minds of all his friends the firm conviction that he had a distinct recollection of their names; and from a description of Mr. Partridge’s “popple shanty” and the “new house,” as given by Mr. Stanley as told to him by the boy, it was as clearly evident that his recollection of the old homestead was no less distinct.  Below are given the different depositions of his friends concerning his recollection of things, persons, and places, on being taken to his early home.  Mr. Partridge utterly refused to give up the child, and on the sheriff declaring that it should go, Mr. P. said he must go with it, and preceded to harness his team.  The sheriff followed him out and told him the child must go to Mr. Cowen’s, but Mr. P. replied, that if it went it would go to Oshkosh.  Some altercation ensued between them on the point, and very soon some twelve neighbors gathered in.  Mr. P. then stated, as was the case, that the child had worried and become so excited that he was sick and unable to go, and that the sheriff had better leave him until Monday morning.  The sheriff glancing around on the persons assembled, replied that there were so many there that there was no use for him to try to do anything,” and immediately left.  Until the present the child remains in Mr. Partridge’s possession.

     Alvin Partridge, being by me duly sworn, desposes and says; On our way from Oshkosh, we stopped at my father’s over night.  Shortly after the child entered the house, he was asked if he would not like to see his grandmother, who was lying ill in another room. He refused, but as soon as an opportunity, without being seen was afforded, he rain into her room, put his arms around her neck and kissed her acting as though he had always known her.  This he did several times during the evening.  He played with a little girl living there, with whom he was acquainted before he was lost, telling her, “I knew you and Loretta once.”  In the course of the evening I asked him if he had ever been there before; after looking around him, he said “yes.”  I asked him when; he said, “I don’t know - way up” (meaning a long time before.)  On getting home the first things he knew were little chair and stool; these he looked at and handled over and over, saying, “Ma this is mine, this is mine.”  (They were his before he was lost.)  He remembered a horse that I had, and which before he was lost, he called his, saying, “This is my horse,” and would have nothing to do with the others in the stable.  He recognized the old [note: line appears to be missing] him if he remembered where his bed used to stand; he immediately pointed to the exact place and said, “there.”  He also told correctly the shanty in which we had lived.  I went with him into it, and asked where his mother’s bed, and the stove used to stand, and also told where the clock stood.  I tried to make him think he was wrong, but he insisted that the place was right.    When asked where the buttery used to be, he went to the door which opened into it, looked carefully around, then turned and said, “here.”  There was nothing there to show that a pantry had ever been there, for that part of the shanty had been torn down.  This was asked him again in a few days, with the same result.  I asked him “where is it now?”  He smiled and pointed to the new house, saying, “up there got another one.”  These questions were often asked him, and as often answered correctly.  When asked what made the scars on the corners of his mouth, he said, “Indian.”  How?  “With horse-shoe; they put in the fire and done so,” pressing one on the corners of his mouth to show how it was done.  One day while at play, he picked up a small piece of chain and brought it to his mother, saying, “Indian whip me,” repeating it several times, and motioning to show how it was done.  He would often run to his mother exclaiming, “Julia! Julia!” as though fearful they would get him again.  Once, when with me at chore time, I asked him if he had an aunt Maria, he said “yes.” And when did you see her?  “At Oshkosh,” he replied.

                                                                        ALVIN PARTRIDGE

     Sworn to this 18th day of June, 1852, before me,

                                                                        JEDEDIAH FITCH,

                                                                                    Justice of the Peace.

     After the child was given to us, we stopped the first night at Casper’s grand-father’s.  He warmed himself by the fire, then went to his grand-mother, put his arms around her neck and kissed her.  I asked him if he ever saw her before; he dropped his head and replied “yes.”  Almira , a little girl who had lived with us, was playing with him, and he said, “I know you and Loretta.”  I asked him when; “I don’t know - a long time ago,” he replied.  After getting him, he saw his little chair, spring to it, turning it over and over, saying, “This is mine,” he then drew it up to the fire and sat in it, keeping the other children away.  He picked up a little stool that used to be his, but then was covered, and turning up the curtain, ran to me and said, “ma, ma, this is mine, this is mine!”  I went with him to the shanty and asked him if I ever slept there; “yes” said he.  Where?  He went to the place and showed me how we used to pull out his bed; he then went to the other side and said, “Ma, stove fire,” pointing the correct place.  Another time I asked him if we had a clock, “yes,” said he.  Where was it?  He studied a moment, then showed me the exact place.  At one time  I asked him how the Indians got him, he replied, “they cotch me just so,” seizing my dress, “they done just so, and just so,” putting his hand over one eye and then over the other, they carry me way up to a house.”  I asked him if Casper cried,  “yes,” said he, “and the e Indian’s cried.”  I asked him how the scars came on the corners of his mouth; he placed his thumb on one corner and his finger on the other, and stretched it open, saying, “Indians done it just so with a horse-shoe.”  I did not understand him, and he went and got a horse-shoe, held it in the fire and showed me how they did it.

     A lady was at my house, named Scott, and while we were sewing, he came to the stand, when she asked him what the Indians done with his clothes; he said that they burned them.  When questioned concerning the cap, handkerchief, apron and pants he had on when lost, he replied, “they put them in the fire.” “then what had you on?” she inquired.  He pointed to a dark dress I had on and said, “It was like that,” motioning to us how it was made.  When asked what he had to eat, he replied “meat;” it was good Casper? “No,” said he, “It was nasty.”

                                                                                                LUCIA PARTRIDGE

     Sworn and subscribed to this 6th day of April 1852, before me.

                                                                                                  WATSON BROWN,

                                                                                              Notary Public.

 

 

 

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     Note:  At the conclusion of the trial at Oshkosh, Mr. Partridge move to Illinois, taking his son with him.  Soon after their arrival there, one day as the children were going to school, a man drove up in a buggy and asked them if they would like a ride. The girl said “yes, if my brother can ride.”  The main said “yes,” and grabbed the boy and drove toward Chicago with him.  The girl was left near the school house.  The teacher would not allow her to go home to tell her father that her brother had been stolen.  Someone heard it and informed him.  Immediately a man was put on the track of the kidnapper.  He was overtaken before he reached Chicago, and brought back.  The teacher was arrested on the suspicion that she was an accomplice in the deed.  The two were finally liberated.  Mr. Partridge took advantage of the situation and moved his family to Indiana, where he now resides.  H was no further molested and his son has remained at home.  A few years ago he visited his aunt in this place, and lived over in his memory his childhood days among the Indians.

 

                                                            REMINDERS

 

 

                                                            CHAPTER V

 

The First Schools

 

     On the 5th of June, of the year 1851, I began the first school ever taught in this county.  The settlement about four miles southeast of Waupaca city, known as the Chandler Settlement, was the first settled and earliest developed part of the county.  Of course there were children who should be sent to school, so a school was organized and I was engaged as teacher.  The school had to be begun in June so as to complete three months (for that was to be the length of the term) in time to draw the state money for that year.  The school house was in process of construction, but had not been finished, so I commenced the school in the original part of the house now on our farm.  One room constituted the whole house, and that one room was enclosed only by rough boarding, the studding protruding into the room; one window had been put in, but a blanket was used for a door.  The seats were rough boards placed across blocks of wood.

     Scholars to the number of twenty, ranging from five to seventeen years of age, came from the surrounding country within a radius of one and one half miles.  About three weeks after the school began the school house was made serviceable, and we moved to that.  The wages paid was two dollars per week and I boarded myself.  Some of this I took in winter wheat at two dollars per bushel; some in pigs at one and on-half dollars a piece, and some I never got.

     Among my pupils were, Mr. and Mrs. O. D. Vaughan, of Portage, Mr. H. M. Vaughan, of Racine, Mrs. A. Cormican, Mrs. T. M. Paine, Mrs. M. R. Baldwin, Mrs. D. Yarns, Mr. C. Beadleston, Mr. W. Thomas, and S. S. Chandler Jr. all of Waupaca.  Mr. J. B. Vaughan, of Marinette, Mrs. B. F. Dorr, Antigo, and Mr. Carmi Beadleston of British Columbia.

     Three have been called to their reward.  Pierson Cass died at his home. Henry Chandler and Charlie Cass gave their lives for their country in the late war.  Others of my pupils who were in the war, were Charles and Carmi Beadleston, Omar and James Vaughan, and S. S. Chandler Jr.  Another of my pupils went to the war and in a battle when the federals were overcome by superior numbers of confederates and the order given to retreat, he remembering the warning, “not to be shot in the back, for that was a sign of cowardice,” retreated sideways.  At another battle his company were fighting in a forest, and while his comrades had taken shelter behind the trees, he stood in an open space and after every few shots would stop firing and swab out his gun.  When asked what he did that for, he said he always swabbed out his gun, when he shot duels.  When wishing to register his name at school, I asked him how old he was; he said he did not know; I told him to ask his mother and tell me the next day.  When he came the next morning, I says, “well how old did your mother say you are.”  Looking me square in the face shouted “ma says I hain’t got no old.”  All books were abandoned and a general titter ran round the room.  I afterwards learned that he was seven years old.

                                                                                    RESPECTFULLY

                                                                                                S. W. CHANDLER

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     In the summer of 1851, Miss Thodora Thompson, (Mrs. C. W. LeGro) taught the first school in the village of Waupaca.  The building used was know as the Baxter House, (and was used for school the next winter.)  There were twenty-one scholars in attendance.  Wages one dollar twenty-five ($1.25) cents per week, each patron paying their proportion according to the number of pupils sent.  Among the scholars were the entire family of Judge S. F. Ware, one son (Thomas Scott) of Captain David Scott, first P. M. of Waupaca.  Henry and Mary Hibbard children of J. B. Hibbard, Lucius son of W. B. Hibbard, and one Deiter boy etc.

                                                                                    RESPECTFULLY

                                                                                                            MRS. T. LeGRO

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                                                WEYAUWEGA’S FIRST SCHOOL

 

     I taught Weyauwega’s first school in the summer of 1851.  The first of the term we occupied a board shanty, with only one window and a few benches in it.  About a month later we moved to a larger building having more windows and some desks, as well as benches.  The desks were made by fastening a board up against the side of the room.  Long benches were placed in front of these desks when a class was called, all the scholars had to do was to raise their feet and swing around on the bench, and there they were in class.  One of the striking features of the school was the variety of books used.  One I remember was an old English reader.  It often took so long to hear the recitations that school did not close at the appointed time.  There were thirty-four pupils enrolled.  Three were in attendance from Goetchsius’ family; Theresa and Byron Beele, Marion and Henry Pray, Rachel Russel, Emily Billington, Phebe and Sarah Fortner and Adelade Jenny are all that I now remember.  Mr. Barns engaged me to teach the school, but I do not remember his title.  Simon C. Dow gave me my certificate, but whether he was superintendent or not I can not say.  I received ten shillings per week for my services besides by board, which I got by going around, staying from a week to three weeks in a place.

                                                                                                MARY C. DEWEY

 

 

                                                            ADENDA

 

     Since the chapter on the county seat went to press, I found, in looking over my records, some few facts which may throw some more light on the question.  At the spring election of ‘51, as “one who knows” says, and as I do not deny,  the officers were elected.  The law which the eastern part had been influential in passing, stated that the vote for the location of the county seat should be taken in two years.  We of the western part considered the notice of the law a sufficient notice, so, when the spring election of ‘53 came we voted on the change.  Probably the voters of Weyauwega thought that there should be printed circulars sent to each voter.  If notice of the election was not given, which party was in the wrong?  Certainly not the western.  “One who know” says James Smiley was county clerk.  Whose business but his was it to give notice of such election?  And Mr. Smiley was an officer in the eastern district.  The fact then that no notice was given by the officer but had been given by the law, and that Waupaca and Little Wolf, the two places of voting in the county, both cast ballots on the question, leaves Waupaca free from censure.  When Weyauwega found that she had been beaten, she immediately concocted a scheme by which she hoped to lay hands on the county seat.  On the eastern part, seven towns were organized and a meeting of the “county board” as they styled it, was called.  Members were present from the following towns:  Larrabee, Bear Creek, Lebanon, Mukwa, Dupont, Union and Little Wolf.  At this meeting the officers were asked to sign a paper which declared Weyauwega the county seat.  Simon C. Dow, county treasurer, refused to put his name on such a paper.  So they had him arrested and sent to the Portage county jail.  “One who knows” says that we of the western part had Dow arrested.  I think he better look up his records and review them more thoroughly, perhaps then he will be able to state the facts as they were.  We admit that the western part was influential in the arrest of Jas. Smiley.  It was because he refused to deliver the county books to the legally elected officer, Mr. Redfield, that we used coercive measures.  The towns were not organized until ‘54, so it will be plainly seen that the eastern part was in a very big sweat to obtain something that honestly they were unable to get.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                            EARLY NOTES

 

The first claim in Waupaca was made on the 15th of June, ‘49.

The first Surveyor was Wm. Mumbrue in August, ‘49.

The first house built in June ‘49.

I came in October ‘49.

The first preacher was Silas Miller, March ‘50.

The first notary public E. C. Sessions, March ‘50.

The first child born, Mary Hibbard, May ‘50.

The first death, Joel Deiter, June ‘50.

The first July celebration in the county in ‘50.

The first saw mill, September, ‘50.

The first lawyer, O. E. Dreutzer, March ‘50.

The first school in the county in ‘50.

The first election at Mukwa, in April ‘50.

Three deer were killed in the river below the Star Mills in ‘50.

A wolf was killed in what is now the city, May ‘50.

Boy stolen by Indians, April ‘50.

I helped rescue stolen child, fall, ‘51.

The first store, Wilson Holt, April ‘51.

The first Hotel, Baxter’s spring of ‘51.

Gothic Hall built in spring of ‘51.

The first doctor, Cutting Marsh, Dec. ‘51.

The first grist mill, Lord’s Star Mills, fall of ‘51.

The first wedding, Alvin Billington to Mary Baxter, fall of ‘51.

The first school in the village, summer of ‘51.

Waupaca whiskey watered by Judson in July ‘52.

Lawsuit over watered whiskey, June ‘53.

The first deed of land Oct. ‘52.

The first lime burned in the county, in Dayton, by Morgan in ‘52.

The first church, M. E. in ‘53

A bear killed on the bank of river opposite court house in ‘53.  Another bear was killed the same

day near the school house.

The first newspaper, Waupaca Spirit in ‘53.

A son of Peter Mitchell drowned in ‘53.

The first forest fire after settlements in  ‘50.

The first building burned in ‘54.

The first Assemblyman David Scott, ‘54

The first Senator, Judge Alban, ‘54.

The first term of circuit court, in the M. E. church in ‘54.

Lime made from Shadow lake marl, by D. Moon, in ‘55.

Weyauwega came to break the ballot box in the fall of ‘55.

Old court house built in ‘55.

 

The first and only fraud in the county seat elections, as pointed out by “one who know,” was the vote of the forty-five boys at Weyauwega in the fall of ‘55.  Which fact he says, was as uncreditable as some of the acts of the Southern states.

 

The first steam boat ever run on Winnebago waters, was the “Little Manchester” built on the east shore.  She made her first or trial trip in 1844.  She remained the only steam boat on these waters until Capt. Estes built the “Pegtona” and run but part of the summer of ‘49.

 

 

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                                                COUNTY OFFICIALS

 

 

                                                            1850.

 

County Judge, S. F. Ware; Register, James Smiley; Clerk, Charles Cumaer; Sheriff, John M. Vaughan.

 

                                                            1852.

 

County Judge, S. F. Ware; Register, Charles Redfield; Sheriff, William Thompson; Clear, J. H. Jones.

 

                                                            1853.

 

Clerk, Mellin Chamberlain.

 

                                                            1854.

 

Sheriff, Lyman Dayton; Register, James Smiley; Clerk of court, J. J. Jones; Clerk of Board, Mellin Chamberlain; Treasurer, C. Brown.  Member of Assembly, David Scott; Judge Alban.

 

                                                            1855.

 

Member, L. Bostedo; Clerk of Court, J. H. Jones; Clerk of Board, Mellin Chamberlain; County Judge, S. F. Ware.

 

                                                            1856.

 

Sheriff, Barney Brown; Treas. C. O. Brown.

 

                                                            1857.

 

Member, A. J. Dafur; Register, E. I. Putman; Treas. Evan Townsend; Clerk of Court, D. M. Coffin; Clerk of Board, A. Sorenson; County Judge, A. K. Osborn; Coroner, L. C. Dayton.

 

                                                            1858.

 

Sheriff, Asa Worden; Dist. Atty. C. S. Ogden; Surveyor, Ira Sumner; Member, W. C. Carr.

 

                                                            1859.

 

Member, M. B. Patchen; Register, C. L. Gumner, Treas. Evan Townsend; Clerk of Court, W. Scott; Clerk of Board, M. F. Sornsen; Coroner, Fred Street.

 

                                                            1860.

 

Member, C. D. Combs; Sheriff, O. Worden; Dist. Atty. J. W. Carter; Surveyor, Welcom Hyde; Coroner, W. Shambeau.

 

                                                            1861.

 

County Judge, C. S. Ogden; Member, C. D. Combs; Superintendent of Schools, J. Wornley; Treas. E. Townsend; Register, W. B. Mumbrue; Clerk of Court, W. Scott.

 

                                                            1862.

 

Member, A. K. Osborn; Sheriff, C. M. Fenelon; Clerk of Board, M. F. Sornsen; Dist. Atty. J. W. Carter; Surveyor, R. O. Pope; Coroner, R. M. McGill.

 

                                                            1863.

 

Member, A. K. Osborn; Superintendent of Schools, J. Wornley; Treas. E. Coolidge; Register, W. B. Mumbrue; Clerk of Court, W. Scott.

 

                                                            1864.

 

Member, R. Doud; Clerk of Board, M. F. Sornsen; Sheriff, Selah Cornwell; Dist. Atty. J. W. Carter; Co. Surveyor, Ira Sumner; Coroner, J.J. Jones.

 

                                                            1865.

 

County Judge, C. S. Ogden; Member, A. K. Osborn; School Supt. J. K. McGregor; Treas., E. Coolidge; Register, E. I. Putman; Clerk of Court, L. J. Perry.

 

                                                            1866.

 

Member, E. P. Perry; Sheriff, G. W. Taggart; Dist. Atty., C. C. Kinsman; Clerk of Board, M. F. Sornsen; Surveyor, Ira Millard; Supt. of Schools, E. G. Furlong; Coroner, A. B. Phillips.

 

                                                            1867.

 

Member, J. W. Carter, Supt. of Schools, J. Burnham; Treas. E. Coolidge; Register, C. Caldwell; Clerk of Court, L. J. Perry.

 

                                                            1868.

 

Member, M. H. Sessions; Sheriff, L. S. Townsend; Dist. Atty., J. B. Strain; Surveyor, Ira Millard; Coroner, W. B. Hibbard.

 

                                                            1869.

 

County Judge, C. S. Ogden; Member, A. V. Balch; Treas. G. L. Lord; Clerk of Board, W. D. Carr; Register, E. Selleck; Clerk of Court, Chas. Churchill; Supt. of Schools, C. W. Packard.

 

                                                            1870.

 

Member, G. E. Ware; Sheriff, John Gardinier; Dist. Atty. J. Wakefield; Surveyor, D. D. Hewett; Coroner, Norman Baker.

 

                                                            1871.

 

Member, A. D. Smith; Clerk of Board, W. D. Carr; Treas. C. M. Fenelon; Clerk of Court, Chas. Churchill; Register, Ole R. Olson; Supt. of Schools, W. B. Mumbrue.

 

                                                            1872.

 

Member South Dist., C. Caldwell, Member North Dist., C. L. Rich; Sheriff, J. W. Bingham; Dist. Atty. , O. F. Weed; Surveyor, E. P. Morton; Coroner, L. S. Townsend.

 

 

 

 

                                                            1873.

 

Member Dist. No. 1, C. Caldwell; Member Dist. No. 2,; Supt. of Schools, J. Burnham;  Clerk of Board, A. J. Perkins; Treas., C. M. Fenelon; Clerk of Court, Chas. Churchill; Register, Ole R. Olson; Coroner, P. A. Chesley.

 

                                                            1874.

 

Member, Dist. No. 1, G. H. Calkins; Member, Dist. No. 2, F. M. Guernsey; Sheriff, S. Cornwell; Dist. Atty., F. F. Wheeler; Surveyor, Frank Dorr; Coroner, W. C. Isbell.

 

                                                            1875.

 

Member, George H. Calkins; Treas. W. J. Chamberlain; Clerk of Board, A. J. Perkins; Register, Ole O. Hole; Clerk of Court, Chas. Churchill; Supt. Schools, C. W. Packard.

 

 

                                                            1876.

 

Member 1st Dist., Asa L. Baldwin; Member 2d Dist., H. S. Dixon; Sheriff, A. J. Van Epps; Dist. Atty., E. J. Goodrick; Surveyor, H. Cleaves; Coroner, W. C. Isbell.

 

                                                            1877.

 

County Judge, C. S. Ogden; Member 1st Dist., L. L. Post; Member 2d Dist., F. M. Guernsey; Treas., W. J. Chamberlain; Register, Ole O. Hole; Clerk of Court, Chas. Churchill; Clerk of Board, S. T. Ritchie; Supt. Schools, L. L. Wright.

 

                                                            1878.

 

Member 1st Dist., L. L. Post, Member 2d Dist., J. Scanlon; Sheriff, O. H> Rose; Dist. Atty., E. J. Goodrick; Surveyor, H. Cleaves; Coroner, L. W. Bliss.

 

                                                            1879.

 

Member 1st District, S. A. Phillips; Member 2d Dist., Nels Anderson; Treas. W. J. Chamberlain; Clerk of Board, S. T. Ritchie; Register, J. H. Woodnorth; Clerk of Court, Chas. Churchill; Supt. Schools, L. L. Wright; Coroner, Fred Fischer.

 

                                                            1880.

 

Member 1st Dist., S. A. Phillips; Member 2d Dist., C. A. Davis; Sheriff, H. P. Briggs; Dist. Atty., J. F. Dufur; Surveyor, A. W. Johnson; Coroner, W. T. Ward.

 

                                                            1881.

 

County Judge, C. S. Ogden; Member 1st Dist., J. Wakefield; member 2d Dist., C. A. Davis; Treas., N. L. Nelson; Register, J. H. Woodnorth; Clerk of Board, O. T. Hambleton; Clerk of Court, W. R. Binkleman; Supt. Schools, O. E. Wells.

 

                                                            1882.

 

Member 1st Dist., E. W. Brown; Member 2d Dist., George Warren; Sheriff, O. H. Rowe; Dist. Atty., J. F. Dufur; Surveyor, A. W. Johnson; Coroner, W. Masters.

 

                                                            1884.

 

Member 1st Dist., A. G. Nelson; Member 2d Dist., A. S. McDonald; Sheriff, W. Carroll; Register, H. Geibel; Treas., N. L. Nelson; Dist. Atty., F. C. Weed; Clerk of Board, O. T. Hambleton; Clerk of Court, J. M. Hatch; Surveyor, A. W. Johnson; Supt. of Schools, O. E. Wells.

 

                                                            1885.

 

County Judge, C. S. Ogden.

 

                                                            1886.

 

Member of 1st Dist., Wm. Masters; Member of 2d Dist., A. S. McDonald; Sheriff, Ole Sether; Register, Henry Geibel; Treas., Hans Benlick; Dist. Atty., A. L. Hutchinson; Clerk of Board, G. A. Murray; Clerk of Court, J. M. Hatch; Surveyor, A. W. Johnson; Coroner, G. R. Dale; Supt. of Schools, Wm Fowlie.