USA > Iowa > Story County > A history of Story county, Iowa: Carefully compiled, from the earliest settlement to the present, March 1, 1887. > Part 4
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As an evidence of the present capacity and popularity of the college it is sufficient to mention that it enrolled the names of 277 pupils in 1875; that its corps of professors and teachers number six- teen all paid by the endowment, and furnishing free tuition; that its present income from the land-endowment is but little less than $ 40,000, and will eventually exceed that amount; and that in place or the meagre $20,000, which at first it was expected would be expended, there have been paid out, mostly from the State Treas- ury nearly a half million of dollars.
Take it all in all, when it is remembered that Story was then almost a frontier county; that her territory was contemptuously styled a frog-pond; that her people were poor and the times were those of great depression, and that the Board was strongly disposed to be influenced by the amount of donations promised, the securing of the location was a great triumph. Had the subsequent action of Congress been anticipated it would doubtless have gone to a more wealthy county.
The courts and attorneys of Story County in early times were as follows : Incident to the settlement of the county and apper-
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HISTORY OF STORY COUNTY, IOWA.
taining to our civilization are our courts of law. It is said that the title to all the real estate of a county passes through the courts on an average as often as once in thirty years. But if our first court in Story was appertaining to civilization and either invested or di- vested title to real estate we don't envy the early settlers of this county their civilization, but we mnight sympathize with some of the unfortunate owners of the soil for their misfortunes inflicted under the title of legal adjudication. It is said the first term of court in Story County was held at the farm house of E. C. Evans, (a small log cabin), on the east side of Skunk River in what is now Franklin Township. The officers of this court were Judge Mckay, of Des Moines; Clark F. Thompson; Eli Deal, sheriff; W. W. Wil- liamson, of Des Moines, prosecuting attorney. The records do not show the presence of any attorneys other than the prosecutor: but we learn from persons present that D. O. Finch, of Des Moines, was present.
The first Grand Jury consisted of Joseph P. Robinson, foreman; Adolphus Prouty, Elisha Alderman, Nathan Webb, Shadrick Worrell, G. Vest, Samuel Heistand, Jacob Wheeler, John Hughes, Geo. R. Zenor, Presley R. Craig, James C. Smith, Joseph Brouhard, Jonah Griffith, and Judiah Ray. The first indictment, and the only one found by this Grand Jury, and the only cause that appears upon the docket at this term of court was against Barnabas Lowell, an incident that is mentioned elsewhere. The records of this term of court were kept on loose sheets of paper which have been lost, and but a part of which were afterward transcribed into a journal of the court, and but little is known of what was done except as is re- tained in the memory of those who were present. As an example of the manner in which justice was dealt out in those days in this court, we mention the fact that Joseph P. Robinson was the magis- trate before whom Lowell was taken for preliminary examination when first arrested for the murder, and he was committed to jail by the said Robinson to await the action of the Grand Jury of the county. When court convened the same J. P. Robinson was made foreman of the the Grand Jury that found the indictment against Lowell.
A change of venue was taken to Polk County by Lowell, where he was tried, found guilty of murder in the second degree, and sent to the penitentiary for life. It is said, upon good authority, that the magistrate after hearing the evidence upon the part of the State proceeded to and did pass the death sentence, and addressing the prisoner he said: "And it is the sentence of the court that you, Barnabas Lowell, be taken hence and hanged by the neck until you are dead, dead, dead; and may God have mercy on your soul." At this juncture some of the bystanders suggested to the magistrate that he had no power to pass sentence of death, whereupon he said: "I guess I know." Other bystanders then suggested to the magis- trate that it might be better to postpone the execution a few days to give the culprit a chance to make his peace with his God and
3
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HISTORY OF STORY COUNTY, IOWA.
prepare for his future happiness, which appeal touched the sym- pathy.of the magistrate and he ordered the prisoner to be committed to the jail of Polk County to await "further orders." (The above occurrence probably took place in 1853, or early in 1854. But the writer hereof was well acquainted with Mr. J. P. Robinson, and thinks the above "sentence" by the Squire was made on him for a bore.)
The second term of court convened August 14, 1854, the officers of the court being the same as at the first term, excepting that the Hon. C. J. McFarland had been appointed Judge to fill the vacancy caused by the resignation of Judge Mckay. It is said on good authority that the first appearance of the Judge in the county was made with a jug of whisky, shot-gun and two setter dogs. It is certain, at all events, that these were his companions at subsequent terms of the same court when seen by the writer hereof. The prin- cipal qualifications of Judge McFarland were that he was a good judge of whisky, could spin a good yarn, enjoy a good laugh, and fight his way through. This term of court was held in the log building which belonged to J. C. Harris, and was situated on lot 11, block 12, of the town of Nevada. The Grand Jury repaired to the log stable of the Nevada House, then kept by J. H. McLain, to de- liberate. It is said that a span of mules were standing in the stable at the time and kicked Mr. Heistand, who was serving on the jury. The first civil cause that appears on the calendar of the court was at this term, and was entitled Jenneous Wilkinson vs. Michael Hughes. There were two civil causes on the docket and one crim- inal cause, that of the State of Iowa vs. Jas. P. Kinney. The attor- neys in attendance on the court were John F. House, D. O. Finch, M. M. Crocker, Jas. S. Wood, known as "Old Timber Wood," John A. Hull, Wm. L. Burge, and Cornelius Beal. This term of court, as were all of Judge McFarland's courts, was spent in drinking whisky, playing cards and hunting, more of which may be related hereafter. The Judge had a happy faculty of pressing men into the service to get the drinks, as he termed it, which was usually as . follows: He would select his man, always a liberal-hearted farmer, and have an attorney make a motion for his admission to practice as an attorney of the court. The Judge would appoint a commit- tee to examine the applicant. The qualifications were to furnish the whisky; when that was done the committee would report fav- orably, and the party would be sworn in as an attorney of the court. But if he refused he would be reprimanded by the Judge for con- tempt of court. In this way Wm. H. James, Samuel Davidson, Eli H. French, Franklin Thompson and S. P. O'Brian, all farmers of medium capacity, were admitted to practice as attorneys of the court, none of whom ever attempted to practice. There being no other professional attorney in the county, Eli H. French was elected Prosecuting Attorney, but never tried a cause. The third term of court convened at Nevada on the fifth of May, 1856; Judge, C. J. McFarland; Clerk, E. G. Day; Sheriff, John J. Zenor; Deputy
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HISTORY OF STORY COUNTY, IOWA.
Sheriff, George Childs, who did all the business of the office; Pros- ecuting Attorney, Eli H. French. At this term of the court there were some twenty-five causes on the docket, all of which were dis- posed of in two days, and court adjourned on the 6th. At this the first professional attorneys of the county were admitted to prac- tice in the following order: J. S. Frazier, George A. Kellogg, Jas. M. Elwood, an attorney from New York, and who had located at Des Moines, was also admitted to practice. This was the last term of court held by Judge McFarland in Story County. But before dismissing him we will relate a few court scenes which occurred under the writer's (Col. John Scott's) observation. We heretofore observed that one of the Judge's qualifications was that he was a good judge of whisky. We have seen him repeatedly, whilst pre- siding in court on the trial of causes, take a flask of whisky from his pocket and take a drink and offer it to his friends. At one time when it was exhausted he sent the Deputy Sheriff for a jug full. The Judge, too, was quite a sporting character. He would fre- quently leave the bench on the trial of a cause to treat his friends, to jump with the bystanders, or to shoot prairie chickens. During the Judge's absence the attorneys on the trial of the cause would frequently get to wrangling on a question of law, and have to stop the trial until they could send for him to settle it. We will relate one scene on the trial of a cause which is a fair sample of the man- ner in which justice was dealt out and we will pass to another part of our history. On the call of the docket the cause of J. C. vs. R. H. was reached for trial. The Judge called to the attorney for the plaintiff and said: "Young man, you are ready for trial in this case?" The response was: "Yes, your Honor." "Then proceed," said the Judge. The attorney, who was evidently somewhat un- skilled in the practice, commenced in a stammering manner, by saying: "Your Honor, this case is brought for the possession of a town lot. The plaintiff bought it from his grantor, and paid his money for it; took a deed, which he now holds. Afterwards the defendant purchased it from the same party, and also took a deed, and went on and built a house on it, and is now occupying it. This action is brought for possession." The Judge turned to Mr. Crocker, attorney for defendant, and said to him: " What do you have to say to that, Mr. Crocker?" Mr. Crocker said: "Your Honor, it is true the plaintiff first purchased the lot in controversy and took his deed, but he did not comply with the registry laws of this State; he did not have his deed recorded, and my client pur- chased it without any knowledge of his title, and paid his money for it, and has built a house on it and made other improvements, and is now living on it. He is a bona fide purchaser, without any knowledge of plaintiff's rights. The plaintiff has lost all of his rights by his failure to record his deed, or give us notice of his title." Then proceeding, the Judge responded: "No you don't, Mr. Crocker; that is a little too thin. The young man is right; the oldest title to realty is always good in this court. Judgment for
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HISTORY OF STORY COUNTY, IOWA.
plaintiff." The Judge then said to the attorney for plaintiff: "You have done well, young man; you cleaned that old attorney out beautifully," and closed the case up with a good, hearty laugh.
The fourth term of court was held September 22, 1857. The officers of the court were: Judge, James D. Thompson, of Eldora; Clerk, Wm. Thompson; Sheriff, Geo. Childs; Prosecuting Attorney, Jas. S. Frazier. At this term of court John Scott, E. B. Potter and A. D. Shaw were admitted as attorneys of the court, and J. L. Dana made his first appearance in the courts of Story County, he having been previously admitted to practice in Marshall County, Iowa. Judge Thompson was succeeded by Hon. John Porter, of Hardin County, whose first term of court commenced April 18, 1859; S. S. Webb, Clerk; W. P. Hepburn, District Attorney. (It would seem we were placed in the Thirteenth Judicial District in 1856-'57, but on March 20, 1858, the State was re-districted and Story County was placed in the Eleventh Judicial District, to which it now [1876 ] belongs.) Judge Porter served till January, 1876, when he resigned, and the Hon. D. D. Chase, then District Attorney, was appointed to fill the vacancy. Mr. Hepburn, Prosecuting Attorney under Judge Porter's first term, resigned in 1861 and entered the army as Captain of Company "B," of the 2d Iowa cavalry. D. D. Chase was appointed to fill the vacancy, and held the office until he was appointed Judge in 1866; then Chase was appointed Judge, and John H. Bradley, of Marshall county, was appointed District Attorney. D. D. Chase held the office of Judge until the first of January, 1875, when Isaac J. Mitchell, of Boone County, the present incumbent (1876) succeeded him. John H. Bradley held the office of District Attorney until January 1, 1869, at which time he was suc- ceeded by M. D. O'Connell, of Webster County, who is the present incumbent (1876). By an act of the Legislature of the State, the third of April, 1868, the Circuit Court system was established. The first Judge under this new court was Henry Hudson, of Boone County, who was elected at the general election in 1868, and served from January 1, 1869, to 1873; and John H. Bradley, of Marshall county, succeeded him. The present officers of the courts are (1876): Isaac J. Mitchell, of Boone County, District Judge; M. D. O'Con- nell, District Attorney, of Webster County; John H. Bradley, Circuit Judge, of Marshall County; J. A. Fitchpatrick, Clerk of District and Circuit Courts. Attorneys of the court now (1876) engaged in the practice, in the order of their commencing practice: J. S. Frazier, J. L. Dana, F. D. Thompson, L. Irwin, S. F. Balliet, Nevada; N. A. Rainbolt, C. E. Turner, McCarthy, Stevens & Un- derwood, Ames; J. R. Gage, M. C. Allen, J. R. McDonald, C. H. Balliet, Dyer & Gallup, Nevada; L. S. Nelson, Colo. Our de- sign is only to give a history of the organization of the court and its officers at the early settlement of the county at a time when the records of the court were imperfectly kept, and also to relate a few of the many court scenes which characterized its proceedings, and which could not appear of record, but are known only to eye-wit-
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HISTORY OF STORY COUNTY, IOWA.
nesses, together with the present officers and attorneys of the courts, and believing that we have given all that would be of interest to the reader we dismiss the subject.
EARLY SETTLEMENTS.
When the Indian title to the lands in Story County was extin- guished there was a large extent of country thrown open to settle- ment, of which there was much choice land still east and south of us, and more readily reached. It was several years before there was a heavy rush for these lands, and meantime their entry and settle- ment was confined to localities near bodies of timber and the larger streams. This continued until 1849, when there was a large emi- gration to California, and then settlers began to locate near the California trails. One of these passed through Newton and Des Moines. It was not until Jasper and Polk had considerable popu- lation that the first settler found his way into Story county. This honor has been claimed for different persons, but it is believed that Wm. Parker (now of Collins Township) was the first settler. Mr. Parker, without suspecting it himself for a year or two thereafter, is said to have located within the limits of Story County as early as April 14, 1849. He was very near the Jasper County line. Since writing the above I have a letter from Mr. Parker which settles this question. There is no other person that claims to have settled in Story County as early as April 14, 1849, the date given by Mr. Parker. He says: "June 23, 1876. Dear Sir :- In the fall of 1848 I came to Story County and built me a little log cabin -- size, 12 by 14 feet. April 14, 1849, I came to my cabin. It had no opening for door or window. I cut out a door with my axe so I could carry my goods in, and moved into the pen without roof or floor. I cut a tree for boards to cover the cabin; took my wagon bed apart to make a floor in my mansion to keep the two little babes off the ground, and being root hog or die my better half and I went to work. Some people say it is hard times now; they don't know hard times when they see them. Let them take it rough and tumble as I did, and then they may talk.
We lived in this hut till the next August, when I put me up what was called a good house in those days.
I went sixty miles to mill. It took me about a week to make the trip. We had a cast iron mill in the neighborhood that we used to run by hand. We were often glad to get a peck of corn cracked on this mill. Now I can go to mill and return in half a day.
I have now two hundred and thirty acres of land, all fenced ex- cept eleven acres. Collins Township has improved in proportion.
Yours truly,
WILLIAM PARKER.
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HISTORY OF STORY COUNTY, IOWA.
THE FIRST SETTLER.
After the above was in type I met Dan. W. Ballard, of Ballard's Grove, who informed me that his brother, Mormon Ballard, and himself obtained a permit from St. Green of the Dragoon, and Capt. Robert Allen, A. Q. M., at Des Moines, (for the latter of whom Dan was then butchering), which gave the brothers author- ity to select their claims, and they made their selections in 1847. He states that they moved their families into the Grove, March 8, 1848. Each of them built a house of split logs 14x16 feet, with floor and doors made of puncheons. Simon Ballard, their father, came in the fall of 1838, and died about two years after, his being the first death in the county. He was buried at the Grove.
Ben Jeffers, Reuben Baddock and Washington Thomas came and made selections in 1849, and brought their families in 1850.
S. M. Cory came in the spring of 1850; first settling at Ballard's Grove. The Ballards opened the first farms, raised the first crops, and furnished food and shelter to many of the early settlers who made their homes in the west part of the county.
Dan also tells of going to Des Moines to the election of 1848 and voting for Zachary Taylor for President.
From all this it would seem that the first settlement was made by the Ballards; though when Parker settled in the eastern part of the county he had no knowledge of their settlement.
The settlement of Jasper County began in 1843, when the eastern part of that county was first open for settlement, and in 1846 the population was about two hundred. Quite a number of the early settlers of Story had been still earlier settlers in Jasper, among them T. J. Adamson and family, who settled in Jasper in 1845, and removed to Story County in 1854. Settlements were begun at Bal- lard's Grove, Walnut Grove, Iowa Center and all along the Skunk River, and Squaw and Indian Creeks, and the principal groves of the county, in 1851 and 1852.
George N. Kirkman was probably the first citizen who lived on his own land, his entry dating April 8, 1851, it being the second entry made. Thomas Lowe, who afterwards lived in the county many years, made an entry in section 26, township 82, range 23, on the twelfth day of November, 1850, that being the first entry. Squire M. Cory made the third entry, July 9, 1851, nearly twenty-five years ago, and as a Story County land owner outranks any other living man, and is still a resident of Story, and on the farm he then entered. The fourth entry was made by Jeremiah Cory, near Iowa Center, August 20, 1851.
For some years these settlements were mainly in the two distant parts of the county, the southeast and the west. There were two election precincts, one of which must have voted near where Iowa Center now is, and the other probably near Judge Evans'. The earliest election returns show the relative strength of the two set- tlements, as the vote of each precinct was cast solid for men from
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HISTORY OF STORY COUNTY, IOWA.
their own township. It was the two Indians against the Squaw, with the Skunk siding with the latter and bearing off the palm.
The names that are now remembered as among those who were then active members of the Indian Creek settlements, and who still live in the county, are Adolphus Prouty, (who was a prominent candidate for County Judge), W. K. Wood, John Brouhard, Thos. C. Davis, J. R. Wood, Judiah Ray, Nathan Webb, Milburn Elli- son, Thomas Fitzgerald, Thomas Monahan, W. W. Utterback, Samuel McDaniel, George Dye, John P. Pool, Ephriam Bowen, the Hands, the Aldermans, the Vincents, and the sons of J. P. Robinson.
In the west part of the county we recall Joseph Brouhard, Jonah Griffith, John H. Kiegley, the Arrasmiths, the Zenors, Henry C. Cameron, the Jones, the Evans, P. R. Craig, James Ross, George W. Sowers, the Smiths, Jeremiah Pressnall, the Elliotts, the Breeze- leys, Cyrus Simmons and others.
But the first great influx of population was from 1851 to 1857, during which time there came into the Clear Creek and Indian Creek country the Shenkles, Daniel Swarm, the Lambs, the Dunlaps, M. Gifford, R. Gamble, E. Gun, Wm. Fatish, Zach. Elliott, John Jones, G. W. Livingston, I. C. Alderman, the Casebolts, C. P. Mc- Cord, the Woods, J. C. Lovell, I. Walker, the Brubakers, A. Road, W. C. Carr, the Richardsons, the Sellers, Dr. Sheldon, E. B. Potter, W. R. Robinson, Thos. Jackson, H, Funk, the Fenns, Joshua Cooper, the Murpheys, the Pools, the Apples, C. P. Page, B. J. Dunning, D. R. Brown, H. C. Wickham, Geo. Hyden, Wm. Hand- saker, John Conehan, J. C. Hempstead, Wm. Lockridge, J. C. Lovell, the Mullens, the Applegates, J. P. Robinson, Jr., F. A. McLain, John Thomas, W. M. Kelly, Alex. Dinsmore, Mike Daugherty, the Harrisons, the Bales, Isaac Romane, Micah French and his sons. John J. Bell, Chris. Wood, Alex. Robinson, the Maxwells, F. M, Baldwin, the Halls, the Olingers, and a host without number.
In the northern and western parts of the county during the same time there settled many hundreds, such as the Ballards, the Wiers, the Larsons, the Nelsons, Jonas Duea, J. F. Brown, D. L. Stults, the Grovers, Paul Thompson, Sam Bates, John James, W. R. Doolittle, J. E. Hoover, Thomas Hughes, Solomon Young, the McLains, S. W. Adams, the Diffenhackers, the Briloys, A. Hipsher, the Hunters, the Millers, the Fosters, Asa F. Eastwood, the Primes, the Mc- Carthys, Milo McCartney, Jacob Erb, the Beedles, Morgan Keltner, John Bracken, Wm. Templeton, Noah Berry, O. Sheldall, E. Shel- dall, Joseph Harkness, the Eaglebargers, Andrew Scott, the Mc- Michaels, James Campbell, Geo. H. Alfred, John Rich, the Wake- fields, O. Chamberlain, W. W. Spring, the Taylors, the Gossards, the Grosecloses, W. H. Grafton, M. D. Livingston, H. H. Boyes, George Gilmore, John Warren, Wm. Allen, Ole Apland, J. J. Foote, W. C. Shockley, W. H. Fitzpatrick, M. Evans, John Severson, Kenley Dobyns, H. McKee, and scores more than can now be re- cited.
About this time the village of Nevada began to settle, and the in- flux was lively. The town was located for a county seat on the
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HISTORY OF STORY COUNTY, IOWA.
wild prairie in 1853, Joseph Thrift, of Boone, Johnson Edgar, of Jasper, and Thomas Mitchell, of Polk, being the commissioners. The first two only made their appearance, accompanied by John M. Barnard, of Polk, as surveyor. The commissioners stopped with J. P. Robinson, who then lived where W. R. Finley lives now, and whose house was nearer to the proposed location than any other. The first public sale of lots was in September, and the first house was raised on the day of sale, being a log cabin built by T. E. Alderman, on the corner where E. W. Lockwood now lives. Into this Mr. Anderson moved on the eleventh day of October. In this house occurred the first birth, the first death and the first marriage in the village. The birth, a daughter to Mr. and Mrs. Alderman, occurred January 13th, and the death was of the same child on the sixteenth of December following, and the marriage was that of James Smith to the mother of Mr. Alderman.
The first physician was V. V. Adamson, who came in 1854. Mr. Alderman was the first merchant, who states that W. K. Wood brought the first pork, and James Broughard the first butter that were bought in Nevada. The butter was exchanged for tobacco. In the extracts from the Advocate may be noted some facts as to the early settlers, to which the reader is referred.
Dr. N. A. Kellogg came to Nevada June 17. 1855. He died May 6, 1856, and was the first adult that was buried in the Nevada cem- etery. In June, 1855, there was not a single lot with a fence about it, every house standing on the open prairie. There was a fence about the block where Wm. Lockridge now lives, and some garden vegetables were raised there during the summer of 1855, that being the only land planted within the town limits. There were three stores here then; one on the property now owned by Otis Briggs, on the west side of the south square, run by a man named Harris; one owned by T. E. Alderman, on the lot where E. W. Lockwood now lives, and the other that of T. J. Adamson, at the northeast corner of the south square, where Mr. Bell now lives.
Mattie A. Kellogg, daughter of Dr. N. A. Kellogg, is the oldest native of Nevada now known to be living. Mrs. Kellogg remem- bers that at that time on the low places between her house and the cemetery the grass was higher than her head, and she has seen wolves in the path.
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