USA > Iowa > Benton County > History of Benton County, Iowa. From materials in the public archives, the Iowa Historical society's collection, the newspapers, and data of personal interviews > Part 25
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The fathers, who in turn succeeded Rev. P. C. Kenny, were Rev. Edmund A. Kenney. Rev. John J. Hanley. Rev. Michael F. MeInerney. Rev. Timothy D. Sullivan and the present incumbent. Rev. John Sheehy. Father Shechy was appointed pastor in 1901, by His Grace. Archbishop Keane. of Dubuque, and has charge also of the Catholic missions in Dysart and La Porte, which include a number of north Benton families. There are at present in Saint Mary's parish, exclusive of the missions, about one hundred and fifty souls.
OTHER CATHOLIC CHURCHES.
The Catholics organized a church at Belle Plaine, about nine- teen years ago. and they now number thirty-five families, with Father Henry Meyer as priest in charge.
Rev. Father John Hogan is the priest in charge of the Catholic society at Van Horne and that known as the Holy Cross church. five miles west of Van Horne and about a mile east of Keystone. There are about four hundred communicants.
BELLE PLAINE CONGREGATIONAL CHURCH.
Four Congregationalists of Belle Plaine organized a society in March. 1866. under the encouragement of Rev. S. P. LaDue, a missionary. In October of that year Rev. Daniel Lane, who had been a professor in Iowa College. Grinnell. and identified with Congregationalism in Iowa for a quarter of a century. preached his first sermon as a regular pastor of the church on the 4th of - that month. Meetings had previously been held in the living rooms of Mr. and Mrs. J. P. Henry, then over a drug store on Main street. but the first sermons were preached in the old school house and the German Evangelical church, which had been formed in
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1865. Services at the latter were held from January 20, 1867, to May 8, 1870. the Congregationalists occupying the church for one meeting each Sabbath.
The society purchased the lot owned by Mr. Hibbard on Third street in April, 1869, and the church erected thercon was dedicated on Sunday, May 8, 1870. The edifice now occupied was built in 1905, under the pastorate of Rev. F. E. Henry. A beautiful memorial pipe organ was donated by Mr. and Mrs. Charles A. Blossom. The value of the church property is about $15,000; membership nearly 200, and present pastor, Rev. F. E. Henry.
LUTHERAN AND EVANGELICAL CHURCHES.
The first services of the German Lutheran church were con- ducted at Luzerne by Rev. Mr. Selle in 1856. A society was organized by Rev. J. F. Doescher in 1859, but soon afterward it became almost extinct. It was revived and reorganized by Rev. Philip Studt in March, 1866, and the corner stone of a church building was laid in September, 1868, and dedicated July 7, 1872. A day school was opened by Rev. Mr. Studt in January, 1866. Rev. C. A. Krog is now pastor of the church, which is a substantial society. The parochial school has an average attendance of seventy pupils.
A church of the Evangelical Association was organized. about three miles southeast of Van Horne in 1867, Rev. Abraham Leonard being its first pastor and the name of the original charge, New Germany. In 1883 the headquarters of the society were moved to Van Horne. Three charges are now under the pastorate of Rev. Oswald Mehnert, their membership being: Van Horne, 108; Stringtown, 37, and The Binff's, 5.
The Bethany United Evangelical church of Belle Plaine was organized December 9, 1895, and was dedicated by Bishop R. Dubbs, D. D. Rev. Virgil Urbina occupied the pulpit three years, and Rey. C. H. Stauffecher has served as pastor for about four. The church has a membership of ninety.
In 1895 the German Lutherans of Van Horne organized a church under the pastorate of Rev. Ferdinand Reinhart, the thirty members composing the society now being in ministerial charge of Rev. H. Reikowsky.
St. John's German Lutheran church of Keystone was organ- ized in 1896 at the old school house. by Rev. Philip Studt. The house of worship was created in 1899. Present pastor, Rev. G.
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Franken : membership about thirty.
There is a Norwegian Lutheran church a short distance east of Norway, but it has no settled pastor.
BENTON COUNTY SUNDAY SCHOOL ASSOCIATION.
The Benton County Sunday School Association was formed December 1, 1875. for the "more efficient prosecution of Sunday School work in Benton county." The first officers were F. G. Clark. president : Rev. S. Phelps, vice president; H. L. Bassett. secretary; and R. W. Barker, treasurer. Miss Mary French, of Blairstown, was secretary of the association for eleven years. Present officers : President. F. G. Bryner. Vinton, lowa; vice president, W. Davis. Blairstown; secretary and treasurer. Mrs. C. II. Van Dusen, Vinton : assistant. Mrs. F. G. Bryner, Vinton; home department. Mrs. F. M. Springsteen. Garrison; teacher training secretary. Ella Rieke. Blairstown ; house to house visitation. A. K. Rife. Shellsburg. and Mrs. Lenard. Van Horne; temperance secre- tary. Mrs. S. Il. Metcalf ( Texas) : mission secretary, Cecelia Hol- ler, Van Horne; and adult department. J. E. McMillan, Vinton.
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CHAPTER XIV.
LAW AND CRIME.
BENTON COUNTY CREATED JUDICIALLY-FIRST DISTRICT COURT TERM A "FIZZLE" -- COURT REALLY HELD-FIRST JUDICIAL ACTS- EXIT JUDGE MITCHELL-SECOND SESSION OF DISTRICT COURT-JOEL LEVERICH ELUDES THE LAW-AT LAST, IN THE COURT HOUSE-AD- JOURNED TO DRYER PLACE-FIRST CONVICTION OF CRIME-IION. WILLIAM SMYTHE, DISTRICT JUDGE -- "DARK AGES" OF BENTON COUNTY -- THE IOWA PROTECTION COMPANY-JUDGE CARLETON TO THE RESCUE-COURT AGAIN HELD-BILL AGAINST "UNCLE" WAY -SCAPEGRACE BERRY WAY-FAREWELL TO UNCLE TOM WAY-LIST OF DISTRICT JUDGES -- COUNTY JUDGE AS CZAR-FIRST COUNTY COURT SESSION-COUNTY JUDGES BUILD COURT HOUSE-CIRCUIT COURT ESTABLISHED AND ABOLISHED-LEADING MEMBERS OF THE BAR-GOVERNOR BUREN R. SHERMAN-WILLIAM C. CONNELL --- HON. WILLIAM P. WHIPPLE-O. L. COOPER-J. J. MOSNAT -- FIEND- ISHI MURDER IN KANE TOWNSHIP -- SOME LATER CRIMES IN "HELL'S ACRE" -- THE NOVAK CASE.
Law is supposed to come to a community with the advent of civil organization ; but the two are not always contemporary. The moment half a dozen men are gathered together on any frontier they commence to organize, vote and hold office, but they are not so ready to submit their differences, or quarrels, to judicial author- ity. They are more likely to hold that courts and judges exist but in the statutes and to be a law unto themselves-to organize Vigilant committees and appoint Judge Lynch to preside over them. with the rifle and the rope as his symbols of office.
BENTON COUNTY CREATED JUDICIALLY.
The act which provided for the organization of Benton county created it into a civil body from March 1. 1846, and constituted it a portion of the third judicial district of lowa territory. The clerk of the district court for the county (appointed by the judge
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of the third territorial district) was ordered to call a special election for the first Monday of April, and he was to see that it Was properly conducted and that all other regulations were observed until the sheriff of the new county should be elected and assume these duties. Actions at law commenced in the district court of Linn county prior to the detachment of Benton county from its territory March 1, 1846, were to be presented by the former as if "nothing had happened;" but all crimes committed within the area of the new county prior to that date were to be under the jurisdiction of Benton county, in case proceedings had not already been commenced in the courts of Linn county. It was further provided that the commissioners to locate the seat of justice of Benton county were to meet at the office of the clerk of the district court, take their caths and proceed to business. The county of Black Hawk was attached to Benton county, by the enabling act of 1846, for "election, judicial and revenue purposes."
William J. Berry was the first clerk of the district court of Benton county, although it does not appear that he was elected at the first polling of votes for county offices on the first Monday of April, 1846, and believed to have occurred at Parker's Grove. A sheriff (John Royal) was, however, chosen to relieve him of some of his responsibilities.
FIRST DISTRICT COURT TERM A "FIZZLE."
The first term of the district court was appointed to commence on the last Monday in August. 1846, another election for county officers having been held on the first Monday of the month; but a clerk of the district court was not elected until the following March. Upon the day named James Downs, the new sheriff. and Jonathan R. Pratt. district clerk pro tem. with eighteen grand and seventeen petit jurors, assembled at the cabin of Thomas Way, two miles northeast of the present court house; but that was as far as the proceedings progressed for the holding of court. as Judge James P. Carleton, who was to have presided. did not put in an appearance. The clerk thereupon adjourned court until the fol- lowing day, and as Judge Carleton still failed to keep his appoint- ment made the adjournment sine die.
The state legislature (Iowa had become a state in December. 1846) then took a hand and by act of February 17, 1847, provided that the county commissioners should name the place and time for holding the district court. Although there was a county seat, no
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court house had yet been built; so "Uncle Tommy" Way's log house was again honored, and a session actually commenced May 31, 1847.
COURT REALLY HELD.
Present, his honor the judge. James P. Carleton of the fourth judicial district of the state of Iowa; James Downs, sheriff; James Mitchell, prosecuting attorney. and Irwin D. Simison, clerk of the district court.
An account of the two days' session of the first district court held in Benton county was written, in detail, many years ago, and is given as follows :
"Way's cabin was in the midst of thick timber, and to make room for the august assemblage, Mrs. Way removed her pots, kettles and other household utensils to the shelter of a neighboring tree. IJaving done this. she coolly seated herself on a stump near the open door of the cabin. and gazed with respectful wonder at the collection of learned heads assembled within to administer the law to the backwoodsmen of Benton county. The judge was perched on a three-legged stool. behind a rough deal table (the only one in the house) at the farther end of the little room. At the left of his honor, seated on a low milk-bench, with his books and papers spread out before him. was Simison. the clerk. There were also present. Norman W. Isbell (subsequently judge of the supreme court), Isaac N. Preston, John David. D. P. Palmer. John P. Cook and Stephen Wicher. members of the bar from other counties. Benton county had no lawyer then.
"The court was formally opened by the sheriff, and dispatched business with a rapidity that would startle some more modern conrts.
"The grand jury summoned was sworn. as follows: Fielding Bryson. James Harmely. Joseph Remington, John Bryson. Charles Graham. Stephen Brody. Jesse Brody, Josiah Helm. David Jewell. William Mitchell. Samuel M. Lockhart. James Polly. Chauncey Leverich, Anderson Amos. James M. Denison, Joseph Bryson, Lyman D. Bardwell and Samuel Stephens. Samuel M. Lockhart was appointed foreman of the jury, which, after being duly charged, retired to the timber to deliberate, in charge of Beal Dorsey. bailiff.
"The firse case of entry is the state of Towa vs. Joel Leverich for passing counterfeit money, which appears to have been trans
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ferred from Linn county, on change of venue. Leverich was a member of the band of outlaws that infested this region at the time, and he probably thought that he could get a good jury in Benton county. The case was continued to the next term, how- ever, and Ambrose Harland, Elijah Evans, Adison Daniels, Lowell Daniels. Nathaniel Chapman, Isaac D. Worral and John Perkins were held in $50 each to appear as witnesses. The accused was not present. and a capias was issued to the sheriff of Linn county for his arrest. returnable at the next term of court. Another in- dietment against Joel Leverich for having counterfeiting instru- ments in his possession, was disposed of similarly.
"On the second day of the term, the case of Samuel Finley rs. William Sturgis. of Black Hawk county. assumpsit damages $100. which was the first civil case entered, was withdrawn by the plaintiff. having been amicably settled by the parties.
"On June 1st. the second day of the term, William Smythe (afterward presiding judge of the same court) was hanging around the door of the court cabin, waiting for admission to the bar. The court appointed Messers. Preston, David Isbell and Palmer a committee to forthwith examine the said Smythe as to his proz- cieney in the law, with instructions to report the result. The committee, with Smythe in charge. retired to the timber to discuss matters and things in general, and incidently Smythe's legal knowledge. Allowing a proper time to elapse, the committee. arm in arm with Smythe returned into court and reported; whereupon William Smythe, was duly sworn and admitted to practice ir. the courts of Iowa. Smythe remembered what was expected of him when court adjourned.
"James Mitchell. prosecuting attorney, made application for admission to the bar, and Messrs. Preston. Palmer, Isbell and David were appointed to examine him. They reported that the legal attainments of the applicant were not such as to warrant his admission, and his application was denied.
"Immediately afterward. Stephen Holcomb asked leave to file information in the nature of a quo warranto against James Mitchell for intruding into the office of proseenting attorney. Leave was granted and the necessary papers were issued and served. Mitchell was summoned and appeared before the court by himself and his attorney, I. M. Preston. The relator. Holeomb. appeared by Palmer & Isbell, his attorneys. Both parties waived a jury and after a hearing the court held that Mitchell was guilty. as charged, of intruding into the office of prosecuting attorney, and
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that he, the said Mitchell, should be ousted therefrom. But Hol- comb, who expected to succeed the ousted officer, was disappointed, for, while he recovered his costs-taxed at $1.87 1-2 -- the court held that the relator was not entitled to the office, and appointed I. M. Preston to fill the vaeancy.
"The court adjourned January 1, 1847. having been in ses- sion two days, and Mrs. Way resumed sway over her natural domain."
FIRST JUDICIAL ACTS.
It appears from early records that the first judicial proceed- ings in Benton county were transacted by this same James Mitchell, who was afterward refused admission to the bar and ousted from the office of prosecuting attorney. On March 9. 1847. he was solemnly sworn in as "judge of probate. " and ten days afterward adjudicated upon the estate of William Carter, late of township 85. range 10, by appointing Irwin D. Simison, administrator, and Joh Hendershot. Charles Cantonwine and George Cantonwine, apprais- ers. The latter presented their itemized report on the 20th of March and asserted that the "total amount of the hole inventory" was $232. Mr. Hendershot appears to have been a very close friend of the deceased, as witness the bill which he rendered to the estate :
STATE OF IOWA. BENTON COUNTY,
William Carter, Dr.
To John Hendershot. Angust. 1846
To boarde three weeakes, when sick at my house $ 6.00
For work done and debt paid for said Carter to Green 5.00
For expence of keeping and waiting. and attending on said Carter in his laste sickness, in 1847 15.00
Hole amounte $26.00
EXIT "JUDGE" JAMES MITCHELL.
The second and last act of James Mitchell as probate judge was the appointment of Jackson Taylor, of Black Hawk county. as guardian of Lydia Ann Willard. But Mr. Mitchell seemed to never know when he was beaten, for he was a candidate for prose- outing attorney at the special election held April 28. 1847, and
-
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although, on the face of the returns. Stephen Holeomb beat him by two votes-19 to 21-Mitchell successfully contested the election. but was ousted from office at the May term of court as already stated.
D. S. Pratt. former clerk of the commissioners' court. suc- ceeded the latter as probate judge. The first act of the new in- cumbent, which is dated March 22. 1848. was the appointment of Sammuel M. Lockhart as administrator of the estate of F. J. Rigaud, who had been a candidate for the office of prosecuting attorney in the preceding year. Every few months there was a change in the office of prosecuting attorney. John Alexander being the in- cumbent when the district court met for the second term at Thomas Way's house, April 24, 1848.
SECOND SESSION OF THE DISTRICT COURT.
Judge Carleton presided with John Royal, sheriff, and I. D. Simison, clerk, and the court records show that J. M. Preston. S. A. Bessell. William Leffingwell and William Smythe were present as attorneys. The last named. afterward district judge and con- gressmen, had been more fortunate than Mr. Mitchell at the first session of the court. since the committee appointed to examine into his fitness for admission to the bar (Messrs. J. M. Preston, N. W. Isbell and D. P. Palmer) had passed him.
The second grand jury was impaneled as follows : John S. For- syth (foreman). T. B. Spencer. Jacob Remington. Samuel Osborn. Joseph Bryson. Beal Dorsey. Charles Cantonwine, Loyal F. North. George Cantonwine. William Ball. Stedman Penrose, Michael Can- tonwine, Jacob Cantonwine. Elias II. Keyes. Michael Zimmerman and Frederick Zimmerman. The jury "retired to the timber" for consultation in charge of the bailiff. David S. Pratt. A petit jury was also impaneled.
JOEL LEVERICH ELUDES THE LAW.
At this term the indictment against that shrewd and seasoned outlaw, Joel Leverich. for passing counterfeit money was quashed. and the jury found him not guilty even on the count of having counterfeiting implements in his possession.
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AT LAST IN THE COURT HOUSE.
When the third term of the district court assembled September 18. 1848. the log walls of the new court house had arisen, but no roof had yet been provided. But to carry out the letter of the law it was thought best to hold court in the official county house. So a seat was made for Judge Carleton in the roofless enclosure by placing a board across one corner in the crevices between the logs.
ADJOURNED TO DRYER PLACE.
Court was opened, but although the presiding judge had been provided with a roof formed of boards, thrust into the chinks over his head, the rain which came up was so searching that an adjourn- ment was taken to William Davis' cabin on section 15, where the remaining business of the term was transacted. The accommoda- tions furnished the grand jurymen were better than those provided by the "open timber." since a log blacksmith shop in the vicinity was thrown open to them.
FIRST CONVICTION FOR CRIME.
At this term John Lewis received three hundred dollars from Samuel K. Parker for slander and Charles Ilinkley, who had been tried for arson, was sentenced to pay a fine of one cent and be imprisoned in the state penitentiary for one year. This was the first conviction for a criminal offense in the county.
HON. WILLIAM SMYTHE. DISTRICT JUDGE.
Judge Carleton's service as district judge in Benton county included the September term of 1853, and William Smythe suc- ceeded him in October of that year; but no court was held in Benton county from September. 1848. to June, 1851. In the mean- time counterfeiters, horse thieves and lynchers had held the center of the stage. particularly in the northeastern part of Benton county, known as Egypt or Hell's Acre. To be even more precise. the darkest spot was in the eastern portion of Benton township, about three miles east of old Benton City and about the same distance northeast of Shellsburg, near the Linn county line. There
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in a dense timber country. thieves, murderers, and all other varie- ties of outlaws secreted themselves, and for years did not seek safety in vain.
"DARK AGES" OF BENTON COUNTY.
In the early thirties a band of outlaws, headed by the Brodys. were driven by "regulars" from Ohio to Steuben county, Indiana : thenee to Ogle county. Illinois, and in 1839 a remnant of the origi- nal band crossed the Mississippi river and settled in the valley of the Red Cedar. John Brody and his sons. John. Stephen, William and Ingh. were among the first to locate in Linn county during that year, where their houses became refuges for their accomplices in villainy. In 1843 Stephen. Jesse and Ingh Brody and David Wilson (whose brother had been shot by a posse of settlers in Delaware connty) located in Benton county. Hugh is said to have been the only decent Brody in the county. and even he would some- times go bail for his disreputable brothers. In Lin county Joel Leverich (whom the reader has already met as a tried and dis- charged counterfeiter) was a leading spirit of mischief and crime and Chauncey Leverich, who built the first cabin on the present site of Vinton. was also generally suspected of being one of the gang, who operated for more than ten years through Cedar. Linn. Benton and other counties. Ilorse stealing became so common that a man who owned an animal never presumed to leave him over night in an unlocked stable, and in many cases the owners of horses slept in their stables with rifles by their sides.
THE IOWA PROTECTION COMPANY.
The "dark ages" of Benton county comprise the period from 1848 to 1851. during which no conri was held. Horse thieves and other criminals awed both citizens and courts and defied the offi- rers of the law. The organization of citizens who attempted to regulate things, especially to stamp out horse stealing. was called the lowa Protection Company. It was composed of about fifty good citizens of the county, who were as nmch opposed to lynch- ing as to thieving. and they had J. S. Forsyth as their president. Elijah Evans as secretary and George McCoy as treasurer. The first article announced that "the object of this society shall be to protect the property of the members of this company, and particularly their horses. from the depredations of robbers and
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thieves, and also to trace out the perpetrators of thefts. rescue and restore property stolen, and assist in a dne and faithful adminis- tration of law and justice." The regular meeting of the society was the "Saturday before the full of the moon." The Iowa Pro- tection Company ent Judge Lynch out of business and made it impossible for the outlaws themselves to pose as regulators, which they had often done during the worst of the dark ages in Hell's Acre.
JUDGE CARLETON TO THE RESCUE.
The ruling spirits of the lowa Protection Society. controlled by Mr. Forsyth. also bent their energies toward the re-establish- ment of the district court. It was of the first importance to find a reliable clerk of the court. as in the early years of the county organization he was really its most important executive. Dr. C. W. Buffum, who had been elected to that office in August, 1850. was forced to resign by his surotie- because of his dissipated habits. He stepped out of office in March. 1851. and numerous papers disappeared with him, such as indictments and other pro- resses against his friends. He had left the county records. bonds and other public papers in a vacant house. the papers disappearing shortly after Dr. Buffum's enforced resignation and a short time before the time appointed for a term of court. Subsequently the docket was found. but minus all the pages which had any refer- ence to the clerk's official bonds or cases against any of his friends.
Judge Carleton had made several unsuccessful attempts to reach Benton county for the purpose of holding court. although it was generally understood that he would do so at his personal risk. But the people felt that the time had come to assert the power of the civil courts, and quite a gathering of citizens as- sembled at Marysville ( Urbana), soon after the disappearance of the court records, and adopted the following address :
"To the How. James Carleton. Judge of the Fourth Judicial District of the State of lowu :
"We. the undersigned. citizens of Benton county. would beg leave to inform yon of our present situation, which is anything but enviable. owing to the management of some of our citizens. We have not. as you know. had any court here for nearly three Vol. J-19
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years, and the officers who would do their duty, cannot. If a judgment is rendered, it is taken to the district court, there to remain for years. And to cap all. ten days before court was to have been held in Benton county, the clerk resigned without hav- ing the cases docketed. and left the docket and papers so that the most important parts have been stolen and concealed or destroyed, and when we attempt to inquire into the matter we are answered with tannts. We are completely without law. Honest men are kept ont of their just rights. Besides that, there are acts of the basest character perpetrated with impunity. and the guilty parties cannot be brought to justice. We have done all we could to have a better state of affairs. We have hoped for the better. We have borne it with all the patience we were masters of. But there is a point beyond which forbearance ceases to be a virtue, and we are conscious that we have reached that point. We are a law-abiding people. We love our country and love to sustain the laws; but we are as a branch cut off from the vine, and must wither without nourishment. We know of none to apply to but yourself. We call on you by all that is good, by all that binds man to his fellow- men. to assist us if it is in your power ; if not, to inform us where we can get our grievances addressed. If we are left as we are. we know not what may be the result. It may lead to mob violence. which we detest.
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