On the following Saturday, October 6th, as the sun was sinking behind mountains shrouded with mystic light, Gordon was led to the gallows. Rev. Dr. Rankin, Sheriff Middaugh and a few others, mounted the scaffold with him. Prayer for the doomed was offered, during which
PEOPLE’S COURTS. 61
Gordon knelt and the vast assemblage stood with uncovered heads. At the close he said, in a faltering voice:
“Gentlemen, you who have been my friends and en¬ deavored to obtain a reprieve for me in the hope of secur¬ ing my banishment from the Territory, I thank you from the bottom of my heart; I thank the ladies and gentlemen who have visited me during my confinement, and been so good to me. Speak of me kindly to my mother. Oh, if some good friend here would shoot me! But it is all well—good-bye. Mr. Middaugh, remember to fix the knot so it will break my neck as soon as possible. Oh, God have mercy! ”
And thus ended the career of one who had many friends—but the people were inflexible in administering justice. Truly the “way of the transgressor” is hard, and his sins will find him out.
CHAPTER XIII.
PEOPLE’S COURT.
Kansas failing to exercise judicial authority over the region, the Solons of the place were called together in the fall of ’60 to draft a code of laws suitable to their needs; and organized a tribunal which they dignified with the title of “People’s Court.” They elected a mayor, judges and city council, levied and collected taxes, and performed all the functions of a legally constituted city government. J. C. Moore was the first mayor. Major Downing was the first judge. In looking over the archives I found a record of very startling divorce case. A wife’s petition for divorce, and the husband’s quit-claim deed of her, of which the following is a true copy:
62 TALES OF THE COLORADO PIONEERS.
DIVORCE—JUDGE HOWARD’S QUIT-CLAIM DEED TO HIS WIFE.
}
MARY E. HOWARD, In Court of Chancery,
Plaintiff, Denver City
vs. Jefferson Territory
JOHN HOWARD,
Defendant.
PETITION FOR DIVORCE.
To the Plaintiff in the above entitled action:
Whereas, having been citied through the press at Denver,to appear before one Judge Downing, of the above entitled Court, to show cause why your prayer to be divorced from me should not be granted:
I, the defendant, hereby state (waiving my own oath in the premises) that I don’t know any such cause whatever, and, therefore, confess the corn. And said defendant, as Judge of the Canon City District Court, enters a decree in your favor accordingly ; and in order to relieve you of any embarrassment in the matter, I have executed and send you herewith attached as part of this answer, a quit-claim deed
of all my right, title and interest whatever in you, leaving a blank to be filled up by the name of the party-grantee, by whom you may in future be claimed under squatter title. Hoping you will fully appreciate my good feeling in the premises, I hereby attach the said deed, as follows, to wit:
Know all men (and one woman) by these presents, That I, John Howard, of Canon City, of the first part, do hereby give, grant, bargain, convey, and quit-claim, all my right, title and interest in and to the following (un) real estate, to wit: The undivided whole of that ancient estate known as Mary Howard, (the title to which I acquired by discovery, occupancy, possession and use,) situated at present in the town of Denver, Jefferson Territory, together with all the improvements made and erected by me thereon, with all the rents, profits, easements, enjoyments, long suffering and appurtenances thereto in anywise appertaining, unto-of the second part, to have and to hold unto the said-so long as he can keep her, without recourse upon the grantor or endorser.
In testimony whereof, I have hereunto set my hand and seal, this, the 24th day of Jan., 1861.
[seal] Signed, John Howard.
Signed in the presence of A. Rudd, clerk of District Court.
Per WILBUR F. STONE, Deputy.
CHAPTER XIV.
SCHOOLS AND CHURCHES.
Denver and Auraria were separated by Cherry Creek, at that time a very insignificant stream, which had a flow of water in the spring, from ten to twenty feet wide and about six inches deep. The “high water” continued two or three months, after which it diminished to a silvery, thread like current. The rise and fall of the stream was considered of so little consequence that houses were built close to the water’s brink, and many in the channel itself. Two flattened pine logs with a rough board railing, formed a foot bridge from bank to bank, where Larimer street now crosses. A flour barrel had been sunk at this point, which supplied the citizens with water.
Rivalry between the towns ran high. Society was full of “envy, hatred, malice and all uncharitableness.” “Are you a Denver man or an Aurarian ?” was the one absorbing local question.
On the last week of March, 1860, the citizens held a mass meeting and passed the following:
“Whereas, The towns at and near the mouth of Cherry creek are, and of right ought to be, one; therefore, be it
Resolved, That from this time Auraria proper shall be known as Denver City, West Division, and we hereby authorize the board of directors to change the name on the plat accordingly.”
At the close of the year 1860, there were sixty thousand people in the Territory, and Denver had a population of about four thousand. Even at this early day the young metropolis was fairly supplied with the three great
63
64 TALES OF THE COLORADO PIONEERS.
forces of civilization, to wit: schools, churches and news¬ papers. The pioneers liberally encouraged religion, mor¬ ality and education. With Whittier they believed:
“ The riches of our commonwealth
Are free, strong minds and hearts of health;
And more to her than gold or grain,
The cunning hand and cultured brain.
Nor heeds the sceptic’s puny hands,
While near the school the church-spire stands,
Nor fears the blinding bigot’s rule,
While near the church-spire stands the school.”
The first voice of
one preaching in the
wilderness was that
of George Washing¬
ton
