USA > Iowa > Davis County > History of Davis County, Iowa, containing a history of the county, its cities, towns, etc. > Part 44
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SEC. 11. That said county of Davis shall be bounded as follows. to-wit: Beginning at the northeast corner of township seventy north, range twelve west; thence west on the town- ship line dividing townships seventy and seventy-one, to range sixteen west; thenee south on said range line to the Missouri State line; thence east on said line to the southwest corner of Van Buren county: thence north with the west line of said county of Van Buren, to the place of beginning; and that so much of the first section of an act entitle " An aet to estab- lish new counties and define their boundaries, " etc., approved 17th February, 1843, as con- fliets with this section, be and is hereby repealed.
SEC. 12. That the commissioners to tocate said seat of justice shall each receive the sum of two dollars per day while necessarily employed in the duties enjoined upon them by this act, to be paid by said county of Davis.
SEC. 13. That the county of Appanoose, and the territory west of said county, be and the same is hereby attached to the county of Davis, for election, revenue and judiciat pur- poses.
SEC. 14. This act to be in force from and after its passage.
Approved, 15th February, 1844.
At the time of the organization of this county, the Territory was divided into Military Divisions by the militia law, and this county was placed in the fourth division, as shown by the following:
"An act to amend the militia law so as to form a Fourth Division."
SECTION 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That the counties of Davis, Appanoose, Wapello, Kishkekosh, Keokuk, Mahaska and Powesheik shall form the fourth division of the militia of this Territory.
402
HISTORY OF DAVIS COUNTY.
SEC. 2. That said division shall be divided into brigades as follows, to-wit: The counties. of Davis, Appanoose, Wapello and Kishkekosh shall form the first brigade. and the counties ot Keokuk, Mahaska and Powesheik shalt form the second brigade.
SEC. 3. This act to take effect and be in force from and atter its passage. Approved, 15th February, 1844,
Among the early laws of the Territory was "An act to encourage the des- truction of wolves." As part of it refers to Davis county, we will give the first section of it:
-
SECTION I. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That the boards of commissioners of the several organized counties in this Territory be and they are hereby authorized and required to allow and pay a reward of fifty cents to any person who shall kill any prairie wolf not exceeding six months old, in their respective coun- ties, and the sum of one dollar for any prairie wolf over that age; and for every large black or grey wolf, not exceeding six months old, the sum ot one dollar; and tor every one over- that age the sum of two dollars, except the counties of Keokuck, Mahaska, Wapello, Davis and Delaware, which shall be required to pay one-half the amount aforesaid. and as much more as may be allowed by the several boards of county commissioners of said counties.
Under the head of "Early Record Events" will be found the name of the. great wolf hunter of Davis connty.
By an act passed by the Legislature, in May. 1845, it was left discretion- ary with the board of commissioners, of Davis and a few other counties, whether they pay any one for killing wolves.
FIXING TERMS OF COURT.
The legislature, in fixing the times of holding the District Court, in the three judicial districts of the Territory, in 1846 designated for Davis county " The first Wednesday after the fourth Monday of March, and the first Monday of October,
In 1844 the number of voting precincts in the county were enlarged from six to nine, and in 1846, when the townships were organized, there were fifteen, including three in Appanoose county.
The records fail to show who the judges and clerks of election were in, 1846, when the townships were organized and held their first election, so that it cannot be determined to which townships they belong, but the fol- lowing gentlemen drew the fees for service as judges: Win. D. Evans, Wm. B. Goddard, Joel Staley, W. W. Rankin, A. II. Putman, Abram Weaver, Wm. Garrettson, Andrew Vance, Andrew MeIntire. Milton J. French, James Curry, Aquilla Conway, Robert C. Jones, Mark Noble. Martin M. Jones. Jabel Dabney, J. M. Parris, Bartlow Whitlow, James M. Veatch, Elias Veatch, John Wilkinson, Richard Fulkerson, Samuel
403
HISTORY OF DAVIS COUNTY.
Mize, Samuel Evans, B. W. Cravens, John Patridge. Samnel P. Rowland. Tipps Williams, N. Cockilrease, Wm. Helins, David R. Wedmore. Robert S. Wallace, Samuel Robb. Jabez Fanght, Aaron Wilkinson, Wmn. Monney, Ephraim Sears, Abner Duinn, J. F. Stratton, Jesse Buek, Richard Hard- esty, Dempsey Stanley.
And the clerks were: Josiah I. Earhart, A. White, John J. Shelton, J. C. Blanckinship, Delaney Swinney, Jeremiah B. Stark, Ephraim Young, Elias Wood, S. A. Evans, A. G. Doom, T. B. Myers, Harrison Morgan, Al- bem P. Cannon, Pembroke Gault. Elias Veatch, G. S. Lockman, B. W. Redman, Hugh Abernathy, Loyd A. Nelson, James, H. Cowles. John .I. Worrel, Thompson Riley, Samnel Caldwell, Wm. Faught, W. G. Perry, Levi Lose, Reubin Riggs, James McCarroll.
At the June session, 1847, of the county commissioners, the county was laid off into three commissioner districts.
District No. 1 commencing at the northeast corner of the county, thence south to the line between townships sixty-nine and seventy, thence west on said line to the line of Appanoose county. thence north on said line to the north west corner of the county, thence east to beginning.
District No. 2, commencing at the southeast corner of district number one, thence south to the line between townships sixty-eight and sixty-nine. thence west on said line to the line of Appanoose county, thence north to the southwest corner of district number one, thence east to beginning.
District No. 3, commencing at the southeast corner of district number two, thence south to the Sullivan line, thence west on said line to southwest corner of Davis county, thence north to the southwest corner of district number two, thence east to beginning.
This was done for the purpose of apportioning three county commission- ers to different parts of the county, so that no part of the county should be able to monopolize them all.
TERRITORIAL ROADS IN DAVIS COUNTY.
The first territorial road running through Davis county was established by "An act to locate a territorial road, from Farmington, in Van Buren county, to Autumwa in Wapello county."
SECTION 1. Be it enacted by the Council and House of Representatives of the Territory of Towa, That John Goddard and Jesse Wright, of Van Buren county, and Van Caldwell, of Wapello county, be and they are hereby appointed commissioners to locate and mark a terri- corial road, commencing at Farmington, in Van Buren county; thence, ria Hartford and Green's Mill, in said county, Woods' Mill in Davis county, to Autumwa in Wapello county. SEC. 2. Said commissioners, or a majority of them, shall mcet at Farmington, in Van
404
HISTORY OF DAVIS COUNTY.
Buren county, on the first Tuesday in April next, or at some convenient time within three- months thereafter, and proceed to locate and mark said road as above designated.
SEC. 3. Said commissioners shall, in locating said road, take into consideration the inter- ests of the citizens on said road, as well as the general good of the public, in locating said road; and for their services, together with hands employed in locating said road, the compen- sation allowed by law for their services, to be allowed and paid out of the county treasury of each county through which said road passes. in proportion to the length of said road.
Approved, 19th December, 1843.
The next appears to be the following:
An act to establish a Territorial road from lowaville, on the Des Moines River, to the Missouri line at the point where the Mormon trace crosses said line.
SEC. 1. Be it enacted, etc., That Robert Merchant, Levin N. English, of Davis county, and John Jordan, of Van Buren county, be and they are hereby appointed commissioners to locate a Territorial road from Iowaville, on the Des Moines, rid the residence of Wm. Wood- en and I. N. English, to the point on the line of the State of Missouri, where the Mormon trace crosses said line.
Balance, in substance same as the preceding. Approved, 5th February, 1844.
The old, original field notes and plot of the survey of this road, we found among a lot of waste paper. It is so old that the ink has almost mouldered away, and the paper has to be handled with great care, to prevent it falling to picees; as near as it can be made out, it reads as follows:
A plot and notes of a Territorial road running from lowaville, in Van Buren county. I. T., throngh Davis and Apenoos counties to the line of the State of Missouri where the Mor- mon trace crosses said line, which was received by L. N. English and Robert Merchant, of Davis County, and James Jorden of Van Buren county, and surveyed by F. C. Humble, of Davis county, giving the distances, bearings, and width of timber, streams, etc.
The whole distance of the whole road is fitty-two miles, this plot commencing at the Davis county line. Said survey was finished on the 19th day of July 1844.
Then commences four pages of notes, of which the following is the com- mencement:
184 rods-25 degrees West of South. 81 rods 25 degrees West of South. 55 rods 2 degrees North of West, etc. * * * * * *
*
* The hole distance in Davis county is thirty miles and 110 rods.
JAMES JORDAN, ROBERT MERCHANT, [L. S.]
L. N. ENGLISH.
The next one is a Territorial road from the sonthern line of Davis coun- ty to the northern line of Wapello county. The county seats in said counties to be points on said road. Hugh George and John Kirkpatrick, of Wapello county, and Loyd A. Nelson, of Davis county, were the com- missioners. Approved, 12th, February, 1844.
405
HISTORY OF DAVIS COUNTY.
The next, is one from Keosanqua, in Van Buren county, to the western line of Appanoose county. The county seats of Davis and Appanoose counties, to be points on the line of said road. Samuel Morton, St. Clair Griffin and John Arrowsmith, commissioners. Approved, 14th February, 1844.
The people must have forgotten that they had a road from Bloomfield to. Ottumwa, as above mentioned, as the legislature, in the winter of 1845, ap- . pointed Loyd A. Nelson and Riley Maey, of Davis county, and Richard Fisher, of Wapello county, to locate a road from Ottumwa, to Bloomfield, to be confined, as near as possible to the township line, between ranges thir- teen and fourteen.
The report, and order of establishment, of the road from Keosanqua, through the center of Davis and Appanoose counties, is recorded in the first supervisor's record of the county, on page 34. No reports or orders, in regard to the other roads we mention, can be found, and even those that are recorded, give no idea of the route, location, or topography, and, the original field notes being " non est," the only way to locate them is by tradition.
MAIL KOUTE.
In the winter of 1843-44, the territorial legislature passed a joint resolution (No. 8), requesting the Iowa delegate in congress, to use his exertions to obtain the establishment of some weekly mail routes, among the number, one from Fox Post Office, in Van Buren county; thence to. Davis Court House; thenee to the center of Appanoose county.
General Agustus Cazar Dodge, was the delegate, and no doubt he pushed it through.
CONSTITUTIONAL CONVENTION.
At an extra session in May, 1844, the territorial legislature passed the following aet, which gave Davis county two delegates in the constitutional convention, of 1844.
An act to amend " An act to provide for the expression of the opinion of the people of the Territory of Iowa, upon the subject of the formation of a State Constitution for the State of Towa."
SEC. 1. Be it enacted etc., That the fifth section of the act to which this act is amenda- tory, be so amended as to read that said convention shall consist of seventy-three members, and that the counties of Davis, Wapello, and Mahaska shall each be entitled to two mem - bers of said convention.
Approved, 19th June, 1844 ..
406
HISTORY OF DAVIS COUNTY.
By an act ealling a convention, to meet the first Monday in May, 1846, to adopt a State Constitution, approved, January 17th. 1846, Davis eoun- ty is awarded one delegate.
There was a joint resolution passed at this extra session, to furnish Davis county with fifty copies of the session laws of the legislature, in 1842-43. The county anditor bas one of them now, preserved-whether there are any more of them left in the county is doubtful. In 1846, this county was allowed seventy copies.
EARLY COURTS AND JUDGES.
Next following the organization of a county, courts of justice are an es- sential element in the administration of its civie affairs. From the earliest periods of all civilizations, they have been the arbiter of human conflicts and human differences, the tribunal which guards public and private rights, and redresses publie and private wrongs. Through them the rules and laws made for the regulation of human society are shielded from violation, and the social compacts of communities, States and Nations, are thus guarded and protected in their grand achievements of civilization. The several courts heretofore, and now existing in Iowa, differ in grade and jur- isdietion mainly.
The first District Court of the United States in and for Davis county Iowa Territory, was held at Bloomfield on the 23rd day of September, 1844. Present the Hon. Charles Mason, Judge; L. D. Stockton, distriet prose- entor; Stiles S. Carpenter, elerk, and John Lefler, deputy U. S. Marshal. No regular jurors being in attendance, the Sheriff was commanded to summon twenty-four men for a petit jury, and the following men were sum- moned:
Wm. Bonebrake, Joshua Coeklerease, Wm. Maize, Frederick Atchison, Albert M. Hathaway, Leven English, John Ellis, James Phillpot, Fleming Mize, John Banta, Abraham Weaver, Jolm Bragg, Anderson Willis, Philip Humble, Joseph Carter Greenberry Willis, Isaac Atterberry, Samuel Starr, Wm. T. Johnson, Geo. W. Lester, Robert Merchant, and Nathaniel Ham.
In June, 1846, Charles Mason was succeeded in the judgeship by Cyrus Olney. S. S. Carpenter became district attorney and Abram Weaver be- came clerk.
In September, 1851, Cyrus Olney was succeeded by Joseph C. Knapp, as judge, Abram Weaver remaining clerk, and S. W. MeAtce, sheriff.
In September, 1852, Joseph C. Knapp was sueceeded by Wm. H. Seev-
407
HISTORY OF DAVIS COUNTY.
ers, who is now one of the Supreme Judges of the State. Wm. Cameron became clerk, McAtee remaining sheriff.
In September, 1854, Daniel Sloan became elerk and William S. Martin sheriff.
In March, 1856, Win. H. Seevers was succeeded by Caleb Baldwin; Dan- iel Sloan remaining clerk. Wm. S. Ficklin being prosecuting attorney and Stephen C. Crawford sheriff.
In October, 1856, Caleb Baldwin was succeeded by H. B. Hendershott; Norman W. Cook, elerk; Harvey Dunlavey, prosecuting attorney; S. C. Crawford, sheriff.
H. B. Ilendershott held the office until the Ninth and Third judicial dis- tricts were united iu 1862, and made into one district, the Second. He then became a candidate for the judgeship of theu nited district, but was defeated by Hon. John S. Townsend, of Albia, who had been the judge of the Ninth district.
Judge Townsend served one year, being succeeded in January, 1863, by Hon. Henry H. Trimble, of Davis county.
In January, 1867. Judge Trimble was succeeded by Henry Tannehill, of Appanoose county, who was succeeded in turn by Hon. M. J. Williams, of Wapello county, in January, 1871.
In 1874 Hon. J. C. Knapp succeeded Judge Williams.
In 1879 Hon. E. L. Burton, of Wapello county, became the judge, and is now the incumbent.
The first proof of heirship is found at the March term, 1846, of the Dis- trict Dourt, as follows:
IN THE MATTER OF THE HEIRS OF } RICHARD W. OWINGS, DECEASED.
And now comes Douglas C. Owings and Harrison Boon Owings and made proof in open court here of the following facts, to-wit: That Richard W. Owings was the son of George and Ann Owings and was born April 26th 1786 that the said Richard W. Owings married Hannah Creath daughter of William and Margaret Creath, March 31st 1814, that the said Hannah afterwards and while the wife of the said Richard W. Owings had seven children born in lawful wedlock, children of the said Richard W. Owings, to-wit: Dye Owings, born December 25th 1814, who died on the 23d day of March, 1836, and Douglass C. Owings, who was born September 14th 1817, and is now living, and Nelson Owings who was born Jannary 7th 1820, and died September 4th 1823, and George Ann Owings who was born June 2nd, 1822, and died Angust 6th 1822, and Perry Owings, who was born August 3rd 1823, and is now living, and William C. Owings who was born August 6th 1825, who died November 23rd 1825, and Harrisen Boon Owings, who was born February 4th 1827, and is now living; and also made further proof in open court that the said Richard W. Owings died February 19th 1828, and that the said Hannah wife of said Richard W. Owings died the widow of the said Richard W. Owings on or about August 1st 1833, and that the above named children are all that the said Richard W. Owing ever had.
6
408
HISTORY OF DAVIS COUNTY.
FIRST MURDER CASE.
The first innrder case in the county was on February 14th, 1854, John W. Davis being the defendant. A change of venue was taken to Wapello, and dont know what became of it.
The next murder case was the State of Iowa vs. R. E. Bonner, in Sept- ember, 1854, which was continued three terms and then a change of venue taken to Wapello county.
The next indictment for murder was the State of Iowa vs. Hinton Wil- liam Smith Henkle, in October, 1856. This case also went the same road, to Wapelo county (see criminal history).
The next murder case is State vs. F. M. West, in May term, 1869, and in November changed to Van Buren county.
FIRST DIVORCE CASE.
The first divorce case in Davis county was John Garman vs. Caroline Garman, in the United States District Court, in and for Davis county, Iowa Territory. Drecree rendered for plaintiff September 25th, 1845. The ground on which divorce was granted cannot be ascertained from the record.
One of the first indictments was the United States vs. Jonathan Riggs, for accepting an office from the State of Missouri, and another for exercising the office of sheriff withont authority. This was in 1845. These cases were continued from term to term until October, 1847, when they were dis- missed, the public prosecutor refusing to proseente them any further.
FIRST GRAND JURY.
The first grand jury of which any record can be found was at the June term of the District Court, 1847. The following are their names and the amount allowed for their services, and also the names of the petit jury at the same term :
James Childs $5.80
5.32
Samuel Wells.
B. W. Craven 6.04
Joel Fenton 5.80 Samuel Robb. 6.04
Hugh Abernethy 5.96
Wm. Striklin
5.48
Adam Nutt 5.80
409
HISTORY OF DAVIS COUNTY.
Josiah C. Shnek
5.72
D. G. Maize
5.28
George Snell.
5.80
Austin Carr
5.40
Samuel Evans
5.40
David Mendenhall
5.12
Milton J. French 5.00
Joel Staley 5.00
Fleming Mize.
5.00
Thomas Summerlin, bailiff.
5.00
NAMES OF PETIT JURORS.
James Brooks, James Ware, C. M. Jennings, R. W. Davis, I. Atteberry, Abraham Floyd, A. D. Williamson, Samuel Swearingen, T. S. Richardson, Delaney Swaney, C. W. Sevier, Johnathan Sheilds, A. White, Jas. H. Par- ris, Alfred Colier, Thos. Bare, Nelson Morris, Evan C. Evans, G. S. Loek- man, Wm. Garretson, John A. White, Bartlet Whitlow, Henry C. Smith, John Wood, James Haskins, bailiff.
CIRCUIT COURT.
Davis eounty became part of the first circuit, of the Second judicial dis- triet, when Cirenit Courts were first organized, and the first term was held at Bloomfield, February 24th, 1869. Hon. Robert Sloan, judge, presiding. Judge Sloan continued to hold the office, until 1881. The First and Second cirenits were consolidated in 1872.
In 1881, Judge Sloan was succeeded by Hon. H. C. Traverse, of Davis county, who still holds the office. The first case in the Circuit Court of this county was, A. G. Adams vs. Chas. Ingalls, debt, in which judgment was rendered against defendant for $237.08, and costs $4.15.
The Probate Court was established in Davis county by the appointment of Miles Tatlock as judge, in 1844. The first record of that eourt is as follows:
Estate of Willis Forquerean. Know all men by the these presents that we Crittington Forquerean, Wm. Hendricks, John Fincher of Davis county and Territory of Iowa, are held and firmly bound unto Miles Tatlock, Judge of Probate of said county, and his successor in office in the penal sum of one hundred and sixty dollars, good and lawful money of the Uni- ted States, which payment well and truly to be made, and performed, and we each of us bind ourselves, our heirs, executors or administrators, jointly, severally, jointly and severally by these presents.
Witness our hands and seals this second day of September A. D. 1844.
The conditions of the above obligation is such that, whereas, the above named Crittington
410
HISTORY OF DAVIS COUNTY.
Forquerean has this day taken out letters of administration on the estate of Willis Forquer- can deceased, late of said county. Now if the said Crittington Forquerean will make and return to the Probate Court within three months a true inventory of all the real estate and all goods, chattles, rights and credits of the said Willis Forquerean, and which are by law to be administered, and which shall come to his possession or knowledge to administer according to law on all the goods, chattles, rights and credits, and the proceeds of all this real estate that may be sold for the payment of his debts which shall come unto his possession at any time. To render upon oath a just account of his administration within one year and at any time when required by the Judge of Probate, then this obligation is to be void, otherwise to re- main in full force and virtue in law.
CRITTINGTON FORQUEREAN, (Seal.)
WILLIAM HENDRICKS, (Seal.) JOHN FINCHER. (Seal.)
Examined and approved by me this the 2nd day of September, A. D. 1844.
MILES TATLOCK, Judge of Probate of Davis County lowa.
The next entry, in the same record, is the appointment of Milton I. French, as administrator of the estate of Wmn. N. Morris deceased, then follows the bond, in form like the bond above given, with Loyd A. Nelson as security. Then follows the appointment, by Jos. C. Mendenhall, justice of the peace, of Westley Young, Rilely Macy and Samuel Mize, appraisers, to appraise the property left by said Wn. N. Morris, deceased.
Then follows the Inventory, taken October 21st, 1844:
"One rifle gun and powder horn $10.00
One man's saddle. . 10.00
One surveying compass, chain, Jacob Staft and case of instruments. . 57.00
One pair saddle bags
3.50
One lot of leather
6.00
One lot of angers, five in number 2.50
Three chisels. 1.00
One foot adz.
2.25
One hand saw
.50
One shaving knife.
.75
One lot horse collars and back band
1.00
One frow (what?)
1.00
One seythe and cradle.
2.87}
One bunch serews.
1.00
One pair carpenter's compass
.25
Two pad locks. .75
One box sheomakers tools ..
1.00
Two mowing scythes and snaths 3.50
.75
One jaek plane.
411
HISTORY OF DAVIS COUNTY.
One box of old irons .
2.00
Three old shovel plows
2.00
One cary płow .
2.25
Iron for plow lay .
.80
One broad shovel
1.00
One broad shovel .
.50
One mattock
1.25
Three old axes
1.00
One grind stone
2.00
One lot drawing chains.
1.50
One prairy plow
12.00
One best log chain.
3.00
One second best log chain .
2.50
One third best log chain
2.50
One fourth best log chain.
75.
Three corn knifes :7.
One large wagon 90.00
One pair red oxen . 30.00
One pair pided oxen 25.00
One pair black and brindle 27.50
One pair brindle and red
30.00
One pided cow 7.00
One white cow 10.00
One spring calf.
2.00
One spring calf.
1.50
One roan mare
40.00
One roan colt.
35.00
One bay horso
25.00
Two tons of hay at $2.00 per ton
4.00
One field of corn, about eighteen acres at $3.00 54.00
Fifteen acres of wheat more or less 30.00
One receipt of J. B. Abbott J. P.
3.28
Account against Thomas Baer
3.28
Account against Riley Gardener
12.56
One cow bell
One pitch fork
Part of side of harness leather'
Jas. H. Cowles became Judge of Probate in Jannary 1846, he being suc- ceeded September 23rd, 1846, by Abraham Weaver, who in turn was suc- ceeded in September 1847, by Josiah I. Earhart.
412
HISTORY OF DAVIS COUNTY.
Mr. Earhart held the office until it was merged with the county judgship about September 1851, when Henry W. Briggs, being county judge, took charge of all probate matters.
COUNTY COURT.
On the 22nd day of Angust 1851, Henry W. Briggs, became judge of the first County Court, the jurisdiction of that office extending over all county affairs, including probate.
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