Pioneers of Marion County by Wm. M. Donnel, 1872

Part II, Chapter XV

Red Rock Township Continued - The History of a Couple of Claim Battles

Prominent among the numerous claim troubles that arose between the settlers of Red Rock, was one in which the noted Col. Alley and a person named Shoemake, were the principal actors. This difficulty assumed almost the preparations of a riot, and came very near resulting in bloodshed.

The claim that become the subject of dispute, is the land now owned by Mr. Talbot, one of the proprietors of the Otley mill, and the claim cabin stood on the knoll, about where Mr. T.’s house now stands, a short distance northeast of town. Each of the contestants claimed to have a just title to the property and both were so determined to maintain their rights that for a time nothing like a compromise could be even hoped for. And, as if to aggravate the difficulty, and bring matters to a crisis, the Colonel, on the alert for an opportunity to take advantage of his enemy, one day found Shoemake absent, took a team and wagon, moved his household goods to another place and took possession of the house. But, knowing that he could not retain it alone, he called to his aid a number of his friends, armed for an emergency and supplied with whisky. Thus equipped, they turned the cabin into a fortress and awaited an attack from Shoemake, who they knew would come well supported. For this they had not long to wait, for Shoemake, on discovering what had taken place, was greatly enraged, and lost no time in collecting a squad of his friends with the avowed intention of ousting the usurper. They readily came to his aid to the number of about fifty. In the meantime the Colonel’s forces were swelled by reinforcements to about the same number, though they did not all take shelter in the fort.

A regular battle was now imminent. The opposing forces were near enough to each other to make a lively and interesting thing of it, and each was apparently determined to carry his point at all hazards. But the time was principally occupied with a combat of words, at times so hot that, apparently, any overt act would have been the signal for an appeal to arms. Yet, happily, not a gun was fired, and at length a better state of things triumphed. A compromise was offered by some of the more peacably disposed of the Shoemake party, and the Colonel sent for to consult. The result was that, rather than risk the hazardous plan of fighting it out, he gave Shoemake $175.00 for the claim, and retained possession of it. Thus ended what, to all appearances, came very near being a bloody affair.

One more instance of the kind may here be related, though we have been informed since the above was written that it occurred come time previously thereto, and should have so appeared in this history. We find it difficult, if not quite impossible, to arrange every incident in the exact order of its date, and therefore ask the reader’s indulgence.

In 1845 a claim on the north bank of the river, a short distance below town, was owned by two brothers by the name of Wilson, who had put a house on it, and cleared and fenced a few acres of ground. But, as their residence was distant from the claim, (see history of Summit,) they were not constantly there, and were some times absent for several days; and this led some persons to regard the claim as justly forfeited, and subject to be “jumped.” Thereupon a man named Sigler, newly arrived, and on the lookout for a place, pounced upon it. The Wilsons, not wishing to eject him in the summary manner usually done in such cases, concluded to try the civil process of law, and applied to Colonel Alley for help. But this wily limb of the law refused to undertake the case without a retaining fee of ten dollars, saying that Sigler would undoubtedly apply to him on the same business, and he would not consider himself bound to any one with a fee in advance. So the Wilson brothers paid him the ten dollars, and suit was entered.

The first business was to send the constable (John Babcock) for Sigler. Not finding him at the claim pen, the officer went over the river to a certain place where it was understood he, (Sigler,) made his home occasionally. Here he (Babcock,) met a stranger of whom he inquired the whereabouts of Sigler, and the stranger informed him that Sigler was to be found at another house in the neighborhood. But upon inquiring at the place designated, the constable discovered that he had been deceived; and on returning to the place where he had seen the stranger he further discovered that the stranger was Sigler himself, and that, surmising the officer’s business, had put him on a false trail till he could get safely out of the way.

Sigler was not seen in that neighborhood again, but the Wilson brothers having been put to some trouble and expense on his account, determined that they would not pay another lawyer’s fee in a like case, but would take the usual means of ejecting an intruder.

An opportunity to carry out this determination occurred soon after. One day, being informed that an old man named Cannon was in the house with the apparent purpose of holding the claim, the young men immediately repaired to the place with the intention of driving him out, should he refuse to go voluntarily. But, in consequence of the intruder’s age, they thought it would be scarcely proper to lay violent hands upon him; so, after repeatedly ordering him to go, he persistently refusing, they moved his things out, and then put out the fire. The weather was quite cool, and Mr. Cannon, not having any means of renewing the fire, was compelled to seek shelter elsewhere. The Wilsons then closed the door, fastened it with a padlock, and went home.

Next morning, whilst on the way to the claim, accompanied by David Ray, who was to assist them in some work they were going to do on the premises that day, they met three men, Wm. Cannon, a son of the old man, James Chestnut and Andrew Stortz, who rather abruptly informed them that the old man was in the house again, and that they meant to keep him there. this bit of intelligence rouse the ire of the boys, and they instantly replied that they would oust him, even at the risk of their lives. The other party then made some attempt to drive them back, and in so doing Stortz made some demonstrations toward Scott, (the elder of the Wilson brothers,) with a club. But Scott being armed with an ax, stood his ground so threateningly that the Cannon party deemed it unsafe to make any further attempts, and left out heroes to go their way.

But it was now found to be advisable to obtain some help. The had ample reason to believe that the Cannon party would be re-enforced to some extent; so Freeman Wilson immediately returned to invite a few of their friends to help them meet the emergency. About fourteen men responded to the call, and in a body, marched to the scene of action, where they met the enemy, seven in number. Scott thereupon proceeded to again remove the household goods without being resisted. After this was done a tin pan was found to be missing, but was very soon discovered in the possession of the notorious Dick Billops, who was seated upon it, on the verge of, and with his back toward, the steep bank of the river, giving utterance to some lofty phrases inspired by the presence of a well-known spirit to which he was most slavishly addicted. At this moment J. H. Mikesell, a member of the Cannon party, observing Dick’s proximity to the bank, rushed upon him, and with the words, “don’t say any thing, Dick,” sent him a backward somersault into the river. Dick came up in a rage, and seized a rifle from the hands of James Price, and would have fired upon Mikesell, but for the interference of others.

This circumstance now seemed to be regarded as the signal for a general action, and something of a muss followed. Clubs and pistols were drawn, one man was badly gouged and another so severely punched in the side that he did not recover from the effects thereof for some time.

It now being evident that the Wilsons could not be driven from their purpose, the Cannonites withdrew. After their departure Scott, in acknowledgment of the services of his friends, told them to go up to Russell’s and get something to drink, whilst he, with his brother George and Mordecai Yearns, remained on guard at the house till there should be no longer any danger of a renewal of the attack, for that day at least. It was, however, proposed by some of the leaders of the Cannon party, that if the Wilsons would remain upon and work the claim they should not be disturbed, which they agreed to do. About a year afterwards they sold the claim.

The above are related as the most important of numerous instances of claim difficulties, the narration of which would swell the number of these pages beyond the proper limits of a local history. We may only add that disturbances in relation to the rights of property were almost an every day occurrence, giving rise to arbitrations and law-suits almost without end, and to bitterness and enmity between neighbors that only time and a more settled state of things could obliterate. It was not till some time after the land sales when most of the settlers had secured titles to their lands, and others who had been unable to do so had sold their claims and moved away, that peace was restored, with amity and good fellowship between the settlers.

Transcribed by Mary E. Boyer, 12/06, reformatted by Al Hibbard 12 Oct 2013.