Part 2

It was in the lusty Carpetbagger Days of the late seventies or early eighties. The Leatherwood and White River country was sparsely settled with hunters and timber workers who did a little farming to supply the table. The Arkansas-Missouri state line divided the settlement and everything went well until two men got into a dispute over the ownership of a cow. One of them was a farmer living in Missouri, the other was a doctor living across the line in Arkansas. The bovine brute in question had no respect for fences or the state line. If the grass was greener in Missouri, she pastured there, but occasionally she wandered into Arkansas to feed on the luscious provender of the hillsides and creek valleys. When in the "Show Me State" the Missouri farmer claimed ownership, but when she came to Arkansas the doctor "replevined" her and put her in his cowpen. She was a good cow and her milk flowed as freely in one state as it did in the other.

There was no Interstate Commerce Commission in those days to regulate such matters so the right of ownership in this particular case became the talk of the neighborhood. No blood was shed over the controversy, but there were fist fights from time to time when the argument went too far. At last the people of the community got tired of the uncertainty of the situation and petitioned the local justice of the peace to handle it according to law as it was written down in the book.

The Squire agreed to consider the matter and rode over to Boat Mountain to consult a constable who frequently worked with him. They talked the matter over and decided to hold a trial "according to law" although they felt that the cow belonged to the Missourian. They figured the trial would draw a big crowd, if 'norated around considerable, and it would provide a good opportunity to sell a barrel of liquor. This would compensate judge and constable for their efforts in upholding law and order in the community.

Cabins were few and far between in the hills in those days and none were large enough to serve as a courthouse. The Squire had his own seat of justice under a cliff at the edge of a paw paw thicket on Leatherwood Creek. Numerous trials were held here during the reconstruction period following the Civil War and justice was dispensed to the satisfaction of the people of the hills.

A day was set for the trial and the constable began making the rounds, giving summons to witnesses and jurors. He hinted that the cow should go to the Missourian. The late Louis Haneke, who was sixteen years of age at that time, was one of the jurors. Mr. Haneke was a highly esteemed citizen of Eureka Springs in later years and operated a hotel at the spa. The cow trial was one of his best stories. The summons read by the constable to Louie was as follows:

"Louie Haneke, you are hereby summoned as a juror in the case of the cow trial to be held in the Bluff Dweller Courthouse on Leatherwood Creek. You are selected and appointed because of your good citizenship and your great knowledge of the law." Louie felt greatly complimented.

On the morning of the day set for the trial, men began arriving early on foot, horseback and in wagons. Some of them brought their dogs and guns, hunting along the way. They hung their game in trees at the edge of the paw paw patch and stacked their guns, as the Squire ordered, in a corner of the rock shelter. A hillbilly minstrel was in the crowd with his guitar and he sang old ballads to entertain the men before court "took up." Even during the trial the judge would frequently declare a recess and call on the ballad singer to give his version of "Barbara Allen" or "The Butcher Boy."

The rock shelter that served as a courthouse was under an overhanging ledge of rock that provided floor space about ten by thirty feet. The front was covered with rough boards with a wide opening for a door at one end. Near the door sat the barrel of moonshine whiskey which the judge used as a seat while conducting the trial. In front of him were a couple of two by four scantlings, resting on wooden boxes, which served as both a bar of justice and a bar for serving liquid refreshments. Several tin cups were on the improvised bar for the convenience of customers.

The Squire arrived early at the "courthouse," put a spigot in the barrel, set out his tin cups, and opened for business. As the men arrived, he wrote their names on the barrel with a piece of chalk. When the men ordered drinks, he marked a tally opposite the name for each drink served. Payment was to be made when the trial was over. Then each man paid according to the chalk marks opposite his name.

Promptly at nine o'clock the judge rapped for order and the trial began. The men who claimed the cow were present with their attorneys. The farmer's attorney had brought a statute from Missouri while the doctor's lawyer produced one from Illinois, none from Arkansas being available. The judge decided to use the Illinois statute, to favor the doctor and avoid suspicion. He appointed a foreman of the jury and the trial got under way. At intervals during the course of proceedings he would declare a recess for music and refreshments.

The whiskey diminished rapidly as cup after cup was passed over the bar and by mid-afternoon the barrel was empty. The judge immediately called a halt to the proceedings and instructed the jury to go to the paw paw patch and find a verdict.

After an hour in the thicket, the members of the jury discovered that they could not agree. Both the plaintiff and defendant were called in and questioned, but that didn't help matters. Either the jury was putting on a show or some of its members were not following the court's instructions.

The Arkansas doctor was a sly man and had provided additional refreshments, hidden in a brush pile in the center of the thicket. At the opportune moment, he produced a couple of jugs and the contents were served complimentary to the jury. No one remembered what happened in that paw paw patch after the jugs were emptied.

Most of the jurors were sawmill workers employed at Mrs. Massman's saw mill. When news of the party in the paw paw thicket reached the mill, Mrs. Massman sent a man with a wagon to pick up the men that belonged to her outfit. Some of them had crawled to the stream for water and they were piled like cordwood in the wagon, hauled to the mill and lodged in a corncrib to sober up. A few of the men remained in the paw paw thicket.

When these jurors woke up the next morning they found themselves marked with scratches, black eyes and bumps on the head. One of them had a couple of broken ribs. But none could recall what had happened the night before or how the trial ended.

The men "washed up" at the creek and proceeded to the courthouse to pay for the liquor they had purchased during the trial. There sat the Squire on top of the empty barrel, sound asleep. They awoke him and paid their bills according to the tallies chalked up on the barrel against them.

"How did the trial come out, Squire?" asked one of the men. "Did the Missourian get the cow?" "Gosh no," answered the judge. "You drunken idiots gave her to the doctor." "Well," said the juror, "he had the most whiskey."[10]

VII THE NAMING OF THE TOWN

"A rose by any other name would smell as sweet," wrote Shakespeare, but we doubt if any other name for Eureka Springs would fill the bill. It was old Archimedes of ancient Greece who first used the word EUREKA as an exultant expression and started it on the road to fame. The story goes that King Hiero assigned Archimedes the job of finding out the amount of alloy in his golden crown. The old mathematician was puzzled about how to do it for his laboratory was rather inadequate for scientific research. But he was a good observer and one day as he was stepping out of his bathtub he noticed the water running over the sides. This gave him the clue he was looking for and he rushed unclothed through the streets of Syracuse, shouting in his enthusiasm, "Eureka," which means, "I have found it." The result is known as the principle of Archimedes which states that a body surrounded by a fluid is buoyed up by a force equal to the weight of the fluid it displaces. Since that time the word has been used in many parts of the world as an exulting exclamation. California adopted it as a motto in reference to the discovery of gold there. Nineteen states have towns or post offices named Eureka, but there is only one Eureka Springs, named on July 4, 1879.

The basin of the old Indian Healing Spring, now called Basin Spring, is located at the bottom of the Wishing Well in the Basin Circle Park. Mounted on the railing above the basin is this plaque:

"Directly beneath this sign is the original rock basin after which the spring was named. It was here on July 4, 1879 that Dr. Alvah Jackson and about twenty-five families met and adopted the name suggested by C. Burton Saunders, Eureka Springs."

C. Burton Saunders was the son of Judge J. B. Saunders, and was about fifteen years of age at that time. He was a student at Clark's Academy in Berryville and it is possible that he had read of the discovery of Archimedes in his science books. But it is still a matter of dispute as to who suggested the name for the town. L. J. Kalklosch says:

"When the discovery of the Healing Spring was a certainty, the virtue of the water beyond dispute, and a village was springing up, the necessity of a name suggested itself to the citizens and visitors as they were. Some suggested that it be named Jackson Springs; others that it be called Saunder's Springs; but a Mr. McCoy, who had no doubt read of the discovery of Archimedes, said to name it Eureka, 'I have found it!' This was agreed upon and the young mountain queen was christened 'Eureka Springs.'"[11]

I know not what the truth may be regarding the naming. I tell these tales as told to me.

VIII THE CITY IN EMBRYO

Eureka Springs was named on July 4, 1879 and it was a boom town from the start. Within a year there were an estimated 5,000 people living near the springs. L. J. Kalklosch tells about this phenomenal growth in the book he published in 1881.

"Little did Judge Saunders think in May, 1879, when he went with his wife and son to camp in the wilderness, miles from anything in the form of a permanent dwelling place, where the wild animals dwelt unmolested except when disturbed by an occasional pioneer hunter, and among hills seemingly intended for light footed animals, instead of man and domestic animals accompanying him, that ever a city, possibly the first in the state, should spring up in so short a time.

"After his cure was an established fact, the news soon spread, passing from tongue to tongue, and other afflicted mortals, hearing the good news in the wilderness, at once turned their eyes and footsteps in the direction of the star of gladness; and soon other cases of almost miraculous cures were creditably established.

"The news spread like wildfire. Poor afflicted mortals were soon seen drifting in from all directions. Rejoicing, over the cures effected, was constantly rising in the wilderness. Many heard of the wonder, went to see, as did the Queen of Sheba, whether what they heard was true, and they could exclaim with her that the half had not been told. Others with an eye to speculation, soon found their way 'through the woods' to the modern Siloam so that by July 4th there were about 400 people assembled in the gulch at the spring to celebrate the National holiday. As yet the great discovery had not been noticed by any of our Journals, but had been conveyed from lip to lip, and the visitors were principally from the surrounding country and villages of northern Arkansas and southern Missouri. By the incredulous it was denounced as a 'humbug' and the more credulous with having foolish delusions, the effect of the water being attributed to the power of the imagination only. But as the doubting Thomases went one by one to see if what they heard be true, on their return they reported about as follows:

"'I don't know; there seems to be something to it. I never had water act so on me. People may get well, but I don't know whether it is the water or not; they are swarming like bees and it is hard to tell what it will do.'

"The writer resided at Harrison, Arkansas, forty-five miles east and heard all the reports that went abroad, but believed it all to be a kind of excitement that would abate with the coming of winter frost. He had not thought enough of it to 'go and see' as did many of his fellow townsmen.

"About the first of July, 1879, Judge Saunders erected the first 'shanty' for the better protection of his family. Some people now ventured the opinion that a village would grow up here, but no one was 'silly' enough to predict a city of tens of thousands. Even a year later the absurdity of building a city in such a place, with no inducement but the water, was talked of by many. The water has, however, proved to be quite sufficient to induce the building of a city.

"In August (1879) it presented the appearance of a camp meeting ground and everybody was at the height of enjoyment. People were camping in sheds, tents, wagons and all manner of temporary shelters; some were living in the open air with nothing but the canopy of heaven to shelter them. There was nothing to do but to eat, drink and pass the time away in social chat, telling, perchance of the ancient legends of the 'Fountain of Youth,' the late discovery, their afflictions and, the most important, their delivery from disease.

"To give it still more the appearance of an old time camp meeting, ministers of the gospel were here, and preaching was not uncommon. The preacher's stand was frequently a large rock, and the gravelly hillsides answered for seats to accommodate the audience. The hillsides were spotted with camp fires to warm the usual 'snack' or to bake the 'Johnny cake,' as up to that time there were no boarding accommodations and each visitor brought his provisions with him. One of these fires had burned a tree partly off at its base, and while nearly all were engaged in the noon-day repast, a tree fell and struck the wife of Professor Clark of Berryville, causing her death in a short time. This was the first death at the famous springs, and a very sad one. The remains were taken to Berryville and interred there, to rest until it shall so please the Almighty Being to give all mortals power to put on immortality.

"Judge Saunders' shanty was soon followed by another, and another, until the idea of a grocery suggested itself to Mr. O. D. Thornton. People were coming in daily and when their provisions failed they were compelled to go out for a new supply. This Mr. Thornton decided to remedy, at least in the line of groceries. Soon a rough plank house was erected near the spring and the first stock of groceries brought to Eureka Springs, amounting possibly to $200. People began to rush in and plank or box houses were soon scattered over the hillsides and across the gulches, all trying to get as near the spring as possible without thought or regard of system or anything."[12]

Mr. Kalklosch continues about the growth of the town and mentions the importance of the saw mills operated by Mrs. Massman and Mr. Van Winkle. The first boarding house was set up by a Mrs. King from Washburn, Missouri. She could accommodate only five or six boarders and was always full to capacity. Then the Montgomery Brothers put in a stock of merchandise and did a thriving business.

IX JOHN GASKINS--BEAR HUNTER

Among the pioneers who settled in the vicinity of the Indian Healing Spring before the town of Eureka Springs was founded was the Gaskin family who located on Leatherwood Creek in 1856. "Uncle Johnny" as he was affectionately called by his friends, was one of the famous bear hunters of the Ozarks and he left a record of his hunting adventures in a booklet entitled, "Life and Adventures of John Gaskins in the Early History of Northwest Arkansas." This little book, published at Eureka Springs in 1893, tells the Gaskin story from the time the family moved from Washington County, Indiana to Carroll County, Arkansas in 1839, up to and beyond the founding of Eureka Springs half a century later. Most of it consists of his hunting escapades (he killed 200 bears in thirty years), but there are some references to his neighbors and the economic set-up of that day. In the introduction he tells about the discovery of the springs and the community's early development.

"As I was one of the first settlers in the country, living along the creek three miles below Eureka Springs for thirty-eight years, I will tell something about the discovery of that place.

"I had hunted all over these mountains--killed bears and panthers and many other wild animals in nearly every gulch and cave in that vicinity. I have killed nine bears in the hollow near the Dairy Spring and many deer, for that was a good place for them. My regular stopping place was the Rock House, or cave, above the Basin Spring in which Alvah Jackson camped on his hunting trips. We often camped there, using the Basin water for our coffee and never imagining it was more than pure water, until Uncle Alvah camped there with them. They simply dipped the water up from the little basin.

"Then Uncle Alvah began to use the water for other diseases, finding that it was beneficial. He induced Judge Saunders and Mr. Whitson to go there in the summer of '79. Then others began to come and were cured and benefitted; the whole sides of the mountains were covered with tents.

"I was there every day, watching and wondering. The people crowded around the Basin Spring (that was the only spring at first, though in a short time others were discovered) dipping up the water that poured down over the rock into the little basin, one waiting on the other.

"I would watch for hours, wondering how it could be that I had used the water so long and now to see the crowds gathering there for the cure of all kinds of diseases. Many who were not able to walk would use the water and be able in two or three weeks to climb the mountains, at that time steep and rugged and without roads. Wagons would turn over in trying to drive too near the springs. Once on the bench of the mountains they would take off the wheels, and let the axles rest on the ground. Then tents and afterwards houses were erected.

"One incident that happened that summer impressed me with solemn thoughts. For lack of a house a great many people gathered under the trees one Sunday to hear the preacher. A rain came up and we all retired to the rock house. As I listened to a good sermon and saw the preacher laying his book on the rock where I had so often set my coffee pot, my mind ran back to the many times I had camped here, to times when the scream of the panther or the growl of the bear mingled with that of my dogs in the fight. Little did I think that afterwards I would sit here and hear the voice of the man of God echoing among those rocks. I was convinced that the all-wise Creator had not made these mountains and valleys merely for the wild beasts.

"People kept pouring in, and in the fall and winter of 1879 my house was always full of sick and helpless people who had no shelter. We could never turn them away, and many times my wife and I had to give up our own bed.

"One miraculous cure I remember was that of a young man who was brought helpless to my house by his father. He had rheumatism and had to be carried in from the wagon. He drank freely from the keg of Basin water we had at the house, and then his father took him to town the next day and bathed him in the water two or three times a day. In one week they came driving back and the boy was sitting up in the seat and could get around very well. The old gentleman started on to his Missouri home with his son and a barrel of Basin water....

"The town built up rapidly without much form or improvement of streets until after Governor Clayton located here, and through his influence and energy the town soon had a railroad and passable streets, and then the springs were improved and the streets fixed, adding much to the looks and comfort of the place. Now it is one of the most picturesque towns to be found in the state, and is visited both for health and pleasure. The town has many magnificent buildings and substantial enterprises, including the Sanitarium Company, which has grounds near Eureka Springs and is doing much in the way of improvements. The beautiful scenery in every direction fills the visitor with astonishment not to be described with the pen."[13]

One story is told about John Gaskins and his encounter with a bear near Oil Spring on the outskirts of Eureka Springs. Some say it was another hunter who killed the bear, but the incident is usually credited to Uncle Johnny.

The White Elephant rooming house was located near where Mount Air Court now stands. It was in the early eighties and Eureka Springs had no water system such as we have today. Water was carried from the springs for drinking water and household use. "Aunt Min" who operated the White Elephant was worried. It was customary to send a couple of girls to Oil Spring down under the hill for water, but a bear had been seen in the vicinity of the spring and the girls were afraid to make the trip. Water was needed at the White Elephant so "Aunt Min" sent for Uncle Johnny Gaskins, a famous bear hunter, who lived on Leatherwood Creek north of town.

Uncle Johnny arrived at the White Elephant early one November morning, his trusty double-barrel muzzle loader in the crook of his arm. He would get the bear if it had not already taken to its den for the winter.

"Take a bucket and bring back some water," said "Aunt Min."

The hunter took the wooden pail in one hand and his gun in the other and started down the hill, his eyes alert for bear tracks. It was a cold morning and he put his hands into his pants pockets, carrying the bucket in the crook of his left arm, the gun in the crook of his right. Two hundred yards down the hill the trail makes an abrupt turn to the cliff from which flows the Oil Spring. At this point Gaskins came face to face with a large black bear followed by a half-grown cub.

He had killed many bears in close quarters and seldom got excited about it. But this occasion called for quicker action than he had ever experienced. Before the hunter could get his hands out of his pockets the bear had the end of the barrels of the gun in her mouth, chewing like mad. There was no time to get the gun to his shoulder so he fired from the hip, pulling the triggers of both barrels with his left hand, the bucket still on his left arm. It stopped the bear all right, almost blowing the animal's head from its shoulders, but it did more than that. The end of the barrels in the bear's mouth caused the gun to explode. Gaskins got a severe wound on his right forearm from the "kick" of the gun. The end of the barrels were twisted out of shape by the explosion. You may see the twisted barrels of this old gun at the Ozark Museum, Highway 62 West, Eureka Springs. Go and see for yourself.... Oh, yes, they had bear steak and spring water for dinner at the White Elephant that day.[14]

Vance Randolph gives this tale under the title "Uncle Johnny's Bear" in Who Blowed Up the Churchhouse? (New York, 1952), pp. 72-73. In his notes (p. 200) he says: