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CHAPTER II.
STILLWATER AND ST. CROIX COUNTY
TERRITORIAL ELECTION

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On the sixth day of April an election was held for the ratification or rejection of the constitution adopted by the late territorial convention for the anticipated state government; also a resolution relative to negro suffrage, and an election was ordered for sheriff. The vote resulted as follows:

For the constitution, 65; against, 61. For equal suffrage to colored persons, 1; against, 126. For sheriff, Walter R. Vail, 58; W. H. C. Folsom, 72.

There were five precincts that held elections – Stillwater, St. Paul, Gray Cloud, Marine, and St. Croix Falls.

I immediately gave bonds and qualified as sheriff, and the same day took charge of two criminals, Chippewa Indians, who had been committed by me for murder, while acting as justice. I had previously deputized Ham Gates to take care of them. While in Stillwater they were confined in the basement of the post office building. Their names were Nodin and Ne-she-ke-o-ge-ma. The latter was the son-in-law of Nodin. They were very obedient and tractable, and I treated them kindly, for which Nodin repeatedly told me he would show me a copper mine on Kanabec river. Nodin died not long after his trial, and before he could redeem his promise. The copper mine is yet undiscovered. Fort Snelling was, at that time, the receptacle for criminals in this region, and to the Fort I carried these prisoners with a team, – Ham Gates being driver, – unshackled, unbound, my only weapon a pistol without a lock. In May I summoned jurors and visited Kanabec river to procure witnesses in the case against Nodin and Ne-she-ke-o-ge-ma for the murder of Henry Rust. The first night I stopped with B. F. Otis, on the St. Croix, where Taylors Falls is now situated. On the second day I crossed the river and proceeded up the east side to Wolf creek, thence crossing to the west side, up as far as Sunrise river. There was no inhabitant, Samuels having vacated his shanty. I crossed the river with great difficulty. The water was high, the current was strong and swift, and I could not swim. I found a fallen tree, partly under water, cut a pole, waded out as far as I could into the current, and then by the aid of the pole floated down some distance, until by pawing and splashing I was able to reach the other shore. That night I stopped with an old Indian trader, Mr. Connor, who, with his Indian wife, welcomed me to his bark shanty, divided into rooms by handsome mats, and made me quite comfortable. He had plenty of good food, and entertained me besides by a fund of anecdotes, incidents in Indian history, and adventures of traders, trappers and missionaries in the Lake Superior and St. Croix region. He was a very intelligent and genial man. Next day I went to Russell's farm, paddled a canoe to Ground House river, and traveled thence on foot to Ann river, where I found the parties of whom I was in quest, Greely, Colby, Otis and others, a jolly log driving crew, with whom I spent a very pleasant evening. On the return journey, about two miles above the mouth of Ground House river, I saw the ruins of the trading house in which Henry Rust was killed. Rust, at the time of his murder, was selling whisky for Jack Drake. Rev. W. T. Boutwell gives the following account of the murder: "In the winter of '46 and '47 I visited the camps of Kent & True and Greely & Blake. On one occasion I met Rust, and asked him to come and hear me preach. He did not attend. On this day I preached at three camps. On the following night, at Greely's camp, came a midnight visitor with word that Rust had been shot. Seventy-five men armed themselves with all kinds of weapons, proceeded to the scene of the tragedy, removed the body of Rust and all valuables from the house, knocked out the heads of two whisky barrels and fired the house, the whisky greatly aiding the combustion. I removed the body to Pokegama and buried it there. Forty men attended the funeral. They held a meeting and resolved to clear the country of whisky. They commenced by destroying two barrels of it for Jarvis. He begged hard for his whisky, saying he was a poor man, and in debt to Frank Steele at Fort Snelling. The response was, 'Out with your whisky,' and it was destroyed before his eyes. The whisky of two other trading stations followed. For a brief period there was peace, but the whisky soon put in an appearance again."

The first term of district court held in Minnesota, then Wisconsin, was convened in Stillwater, the county seat of St. Croix county, June 1st. It was held in the upper story of John McKusick's store, southwest corner of Maine and Myrtle streets, Hon. Charles Dunn presiding. The session lasted one week. The bounds of St. Croix county then included Crawford county, Wisconsin, on the south, Brown county, Wisconsin, and the Lake Superior country on the east, the region as far as the British possessions on the north, and to the Mississippi river on the west. The jurors were found within a circuit of a hundred miles.

The grand jury was composed of the following gentlemen:

Jonathan McKusick, J. W. Furber, J. L. Taylor, W. R. Brown, Chas. Cavalier, J. A. Ford, Hazen Mooers, C. Lyman, C. A. Tuttle, Hilton Doe, Elam Greely, Martin Mower, Jr., Edward Blake, W. B. Dibble, Harmon Crandall, Jerry Ross, James Saunders, Joseph Brown, J. R. Irving, J. W. Simpson, John Holton, Pascal Aldrich, and Albert Harris.

Joseph R. Brown acted as clerk of court, Jonathan E. McKusick as foreman of the grand jury, and Morton S. Wilkinson as prosecuting attorney.

The attorneys present were: M. S. Wilkinson, of Stillwater; A. Brunson, of Prairie du Chien; Ben C Eastman, of Platteville, Crawford and Frank Dunn, of Mineral Point. There were but few civil cases. Nodin and Ne-she-ke-o-ge-ma were indicted for murder, tried and acquitted on the ground that the killing was the result of a drunken brawl.

This season, in addition to attending to my duties as sheriff, I went to St. Louis with a raft of logs. The steamer War Eagle, Capt. Smith Harris, towed through the two lakes, St. Croix and Pepin, a fleet containing ten acres of logs. During the winter of 1847-8, I was engaged in logging. It was difficult to get supplies to the pineries before the swamps were frozen over. This season my goods were taken by batteaus from Stillwater to Clam lake.

Fifty Years In The Northwest

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