USA > Iowa > Davis County > History of Davis County, Iowa, containing a history of the county, its cities, towns, etc. > Part 45
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83
Henry W. Briggs was succeeded Angust 31st, 1855, by Samuel A. Moore who held the office until August 20th, 1857, when he was succeeded by S. W. McAtee, who held the office until January, 1866, when he was suc- ceeded by Wmn. Van Benthusen, who filled it until it was merged into the county auditorship, when he was elected to that office.
The first case on the docket of the County Court is the State of Iowa vs. Calvin W. Phelps for bastardy, Malinda Floyd being the prosecuting wit- ness. The defendant was convicted.
EARLY RECORD EVENTS.
There is not only interest in the antiquity of early record events, but also a curiosity involved in their occasion, and the rude manner in which they are frequently made-all illustrating that the white man was early on the abandoned trail of the red man; and in his rapid pursuit he did not forget that marriage was an important step in building up homes on the frontier.
FIRST MARRIAGE LICENSE.
DAVIS COUNTY,
Decreee No. 1.
TERRITORY OF IOWA. S
SS.
March 26, 1844.
To any Justice of the Peace or other person lawfully authorized to solemnize marriage in the aforesaid county: Yon are hereby authorized to solemnize the rites of marriage between THOMAS KING and HARRIET DOWNING, both of the aforesaid county, according to the laws of this Territory.
In witness hereof I have hereunto affixed the temporary seal of my said office.
[L. S.]
STILES S. CARPENTER, Clerk D. C., D. C.
TERRITORY OF IOWA, DAVIS COUNTY. S 88 .
I hereby certify that on the 27th day of March A. D. 1844, at the house of MR. DOWN- ING in said county, I solemnized the rites of matrimony between THOMAS KING and HARRIET DOWNING, the former aged 24 and the latter aged 20, both of said county. Given under my hand this 22 day of April 1844. L. N. ENGLISH, J. P.
Recor led 5th June 1844. STILES S. CARPENTER,
Clerk District Court for said county.
413
HISTORY OF DAVIS COUNTY.
The first marriage licence issned by the County Court is as follows:
Friday morning August 22nd, 1851. County Court in session.
Present: The Honorable HENRY W. BRIGGS county judge holding court. Among other the following proceedings were had.
LEWIS BRYAN to Application for marriage license.
ELEANOR W. VEATCH.
In this case comes LEWIS BRYAN and makes satisfactory proof of the correctness of said marriage, it is ordered that said license be issued, which is done accordingly.
For a few years after this the County Court doeket was full of criminal cases of a nature that would indicate a very lax observance of the moral law. In evidence of this the records show that a certain gentleman living in Bloomfield at the time, since moved away, was arrested and convicted at the instance of a young lady, charging him with the paternity of her un- born offspring. The same gentleman being elected abont one month after his conviction to the honorable position of eity conneilman, in the city of Bloomfield.
Marriage licences were first issued by the clerk of the United States Dis- trict Court, then by the judge of the County Court, and when that office was changed to auditor the marriage records were transferred to the clerk of the District Court of the State, who has issued the licences ever since.
QUILL PENS.
The early records of the county are all written with a quill pen, and con- sidering the occupation of the writers their legibility is commendable. In October, 1850, Dr. Greenleaf was allowed by the board "seventy five cents for one punch of clarified quills."
Wm. Cameron was clerk at this time and wrote this, and whether or not he intended "punch" to mean bunch, is not for me to say.
PUBLIC WELL.
In April, 1844, a public well was ordered dng in the square, in Bloom- field, five feet, six inches wide; and they went down about one hundred and twenty feet, but couldn't find any water. It was the same way all over the country, no water could be found except in low places, but now, for some reason, water can be found at thirty and forty feet, in the same localities.
This well in the square was dug precisely in the center of the square, and then filled up again. One of the interior walls of the new court house was built over the edge of where this old well used to be, and the result has been a slight erack in the wall, in the auditor's office.
414
HISTORY OF DAVIS COUNTY.
WHISKEY.
In the pioneer days of Davis county, they had no saloons, they were called " groceries " then; if the c were changed to g, the name would be more ap- propriate. They were licensed, and any one could obtain a license by paying into the county treasury so much money.
On the 7th day of August, 1855, in the County Court, Henry W. Briggs presiding, the following order was made:
For the purpose of carrying out the intentions of the law, in reference to the sale of spir- ituous liquors, an order was drawn on the treasurer for the sum of two hundred dollars to be used in the purchase of liquors for the county by John B. Glenn, county agent, and entered upon the order book as warrant A.
In December, 1855, before S. A. Moore, county judge, J. B. Glenn, county agent, resigned, and made the following report:
Amount of liquors purchased
$ 858.88
Salary for five months 52.65
Amount 911.53
Cash received from county
200.00
Liquor sold. 609.76
Liquor on hand 300.00
Amount . $1,109.76
This report was so mixed that he was given further time to report, and A. G. Doom was appointed agent, at a salary of $10.53 per month, until May 1st, 1856. The law authorizing this arrangement was approved Janu- ary 22, 1855.
On the 1st of May, 1856, William Cameron was appointed agent, and A. G. Doom filed his report as follows:
Liquors received from J. B. Glenn
$316.59
Cash received for liquor sold 404.92
Amount. 721.51
Cash and liquor turned over to William Cameron $578.70 Salary . 52.65
Expense 3.00
Amount $634.35
Balance dne Davis county. 87.16
415
HISTORY OF DAVIS COUNTY.
This balance was paid into the county treasury, and Mr. Doom was re- leased from his bond.
At this point we stop, because the record is lost, as we mention in another place, from 1856 to 1861. It is the record of the County Court during the last year that S. A. Moore held the office, and the first four years it was held by S. W. McAtee. The county grogshop business was soon after stop- ped, though, by the repeal of the law authorizing it.
TOWN LOT AGENCY.
In the spring of 1844, the town of Bloomfield was laid off in lots and blocks by John Brown, of Lee county, Thomas Wright, of Henry county, and Charles Price, of Van Buren county, a commission appointed by the Territorial Legislature, for that purpose. Brown and Wright received $18 each, and Price $16, for their services. They laid off the northeast quarter of section twenty-five, township 69, range 14. This land was entered by James H. Cowles, and deeded by him to the county.
After the town was laid off, Franklin Street was appointed " lot agent." to sell the lots, and give a bond for a deed for them, as the county had not yet acquired the legal title from the government.
John Bonebrake was paid $1.50 for stakes used to mark off the town.
In January, 1845, Miles Tatlock was appointed town lot agent, and Miles Tatlock having resigned on the 16th day of October, 1845, E. G. Reeves was appointed in his stead. In July, 1848, E. G. Reeves resigned, and Samuel Steel was appointed; and in 1849, he was ordered not to sell lots to those who buy for speculation. In August, 1849, Samuel Steel was suc- ceeded by John R. Craig, who held the office until the county judge took charge of county affairs.
The first County assessor, was Samuel Evans, who received $40.50, for as- sessing the county, in the winter of 1843 and '44.
The first road ordered to be laid off in Davis county, by the county, of which there is any record, was "from Bloomfield, to intersect aState road in Missouri at John Willis's, on the Sullivan line.
The viewers were David Newell, George W. Butt and Stiles S. Carpenter. A great many of the early roads would be very hard to locate now, from the deseriptions given. Some of them run about like this: "Commencing at the corner of John Smith's field, run to Soap Creek, from there to a burr oak stump in Jim Caldwells pasture."
The first Territorial road, passing into or through the county. was located from Farmington, in Van Buren county, to Ottumwa, in Wapllo county.
416
HISTORY OF DAVIS COUNTY.
By the act of the legislature, approved December 19, 1843, it was enacted that John Godard and Jesse Wright, of Van Buren county, and Van Cald- well, of Wapello county, be appointed commissioners to locate and mark a Terrtorial road, commencing at Farmington; thence, via Hartford & Green's Mill, and Wood's Mill, in Davis county, to Ottumwa, in Wapello county.
For a description of some of the early territorial roads in Davis county, see chapter on County Organization.
The Ferry privileges were an item in days of stage coaches, and prairie schooners. Early in the year 1844, a man named Van Caldwell, kept a ferry across the Des Moines river, at a place called "Caldwell's Ferry," where the old "Mormon Trace" crossed the river; and on paying $3 into the treasury, Davis county gave him the exclusive right to run a ferry there. His rates of ferriage were ordered to be the same as required by Van Buren county.
At the same time, Job Carter for $5, was given the exclusive ferry privi- leges, at the place where the "Territorial Road," from Iowa City, Iowa, to Jefferson City, Missouri, crosses the Des Moines river, and his rates for fer- riage were ordered to be,
For man and horse 12₺ cts.
For man 6} cts.
For horse. 64 cts.
For man and two-horse wagon
25 cts.
For each head of cattle.
6 cts.
For each head of sheep and hogs 3
cts.
The great wolf hunter of Davis county, was Joseph Carter, who was paid $4, for killing wolves, in 1844, receiving the first bounty paid by Davis county. He became quite celebrated, in those days, as a wolf and deer hunter.
OFFICIAL SALARIES.
Salaries were small thirty and forty years ago, and the officers were com- pelled to have some other means of livelihood, or they would have starved to death."
Franklin Street, eounty clerk, in 1844, received $41.13, for his services that year; nevertheless, there were plenty of candidates, whenever election time came around.
The first road districts, were laid in April 1845, as follows:
1st district, fractional township 67; and township 68, range 12 west. 2nd district, township 69, range 12.
3d district, east { township 70, range 12.
417
HISTORY OF DAVIS COUNTY.
4th district, west & township 70, range 12. 5th district, township 70, range 13. 6th district, east } township 70, range 14. 7th district, west } township 70, range 14, Sth district, township 70, range 15. 9th district, township 69, range 15. 10th district, west } township 69, range 14.
11th district, southeast } township 69, range 14, and southwest } town- . ship 69, range 13.
12th district, northeast { township 69, range 14, and northwest & town- ship 69, range 13. 13th district, east ¿ township 69, range 13.
14th district, township 68, range 13, and fractional township 67, range 13. 15th district, township 68, range 14.
16th district, fractional township 67, range 14.
17th district, fractional township 67, range 15, and township 68, range 15. 18th district, south half of Appanoose connty.
19th district, north half of Appanoose county.
"The Spervisors appointed for the roads were: 1st district, John Gannon: 2nd district, Fleming Mize.
3d district, Benjamin Tunnon. 4th district, Samuel Clark. 5th district, Robert Merchant. 6th district, J. C. Blankinship. 7th district, Ezra M. Kirkham.
Sth district, George Moots.
9th district, William D. Wallace. 10th district. James Carr.
11th district, Stiles S. Carpenter. 12th district, A. D. Williamson. 13th district, Silas Smith. 14th district, Michael Letuer. 15th district, James Villers. 16th district, Isaac Atterbery. 17th district, JJohn Gault. 18th district, Richard W. Davis. 19th district, Johanathan F. Stratton.
418
HISTORY OF DAVIS COUNTY.
THE FIRST JUDGMENT. 1
The first judgment rendered in Davis county, was rendered on the 23d day of September, 1844, in the United States District Court, in and for Davis county, Iowa Territory, by Hon. Charles Mason, Judge. The other officers of the court were L. D. Stocton, district prosecutor; Stiles S. Car- penter, clerk, and John Lefler, deputy marshal. The judgment was as fol- lows:
WM. WILLIS, VS. Replerin.
WM. HENDRICKS, and THOMAS KELLEY. )
And now came the parties herein by their attorneys and submitted the demarrer on file- to the plaintiff's declaration upon argument to the court, which demurrer is sustained and the said plaintiff has leave to amend his declaration, and then came the parlies and formed issue on a plea of not guilty, whereupon came a jury, to-wit: Abram Weaver, Robert Merchant, John W. Ellis, John Banta, G. W. Lester, M. D. Ham, James Philpot, Wm. T. Johnson, Jas. Carter, Albert M. Hathaway, Samnel Starr, John Dennison, who, being duly elected, tried and sworn to try the issue joined, on their oaths do say, we, the jury, find the defendant Wm. Hendricks guilty, and assess the plaintiff's damages at one cent, and the said defendant. Thomas Kelley, go hence without day; and that said plaintiff recover of the said defendant, Wm. Hendricks, the said sum of one cent damages and his costs in this case ex- pended, and that he have execution therefor.
Garret Rough, a native of Germany, was naturalized at this term, being the first foreigner naturalized in this county.
The first deed ever recorded in Davis county was dated September 2d, 1844, as follows:
Know all men by these presents, that 1, Noble Barron, of the county of Davis, in the Territory of lowa, for and in consideration of the sum of two thousand dollars, to me in. hand paid, or secured to be paid, by James Philpot, of the connty of Davis and Territory aforesaid, the receipt whereof is hereby acknowledged, have granted, bargained, sold, remised and quit-claimed, and by these presents do grant, bargain, sell, remise and quit-claim unto the said James Philpot and to his heirs and assigns forever, all that tract or parcel of land lying and being in the town of Bloomfield, in the county of Davis, lowa Territory, and known as- blocks No. (34) thirty-four, and (335) thirty-five, contaming sixteen lots, together with the dwelling now occupied by said Barron, in Franklin Street, together with a stable built on the premises and dwelling house thereon, to be built by said Barron, together with all and singu- lar the appartenances thereto belonging, or in any wise appurtaining, and the reversions, re- mainders, rents, issues and protfits thereof, the estate, right, title, interest, claim, or demand whatsoever of me the said Noble Barron, either in law or equity of, in and to the above bargained premises, to have and to hold the same to the said James Philphot, and to his heirs and assigns forever.
In witness whereof 1, the said Noble Barron, have herennto set my hand and seal the 2d day of September, in the year of our Lord one thousand eight hundred and forty-four.
NOBLE BARRON, (I. S.).
Signed, sealed and delivered in the presence of COLONY POLLY BARRON.
419
HISTORY OF DAVIS COUNTY.
TERRITORY OF IOWA, A DAVIS COUNTY, " } ss.
Personally appeared the within named Noble Barron before me the undersigned, Clerk ot the District Court of the aforesaid county, and acknowledged the signing and sealing of the within instrument to be his own free act and deed, for the uses and purposes therein ex- pressed.
In witness whereof I have hereunto set my, hand, with the temporary seal of the District Court hereto affixed at Bloomfield, this 28th day of September, A. D. 1844.
STILES S. CARPENTER, Clerk of the District Court for said County.
The following is the first Town Lot Deed recorded:
The Board of County Commissioners of the county of Davis, lowa Territory, acknowl- edge themselves indebted to Noble Barron, in the sum of four hundred dollars. The above obligation to be void upon condition that the said of Counly Commissioners shall make or cause to be made to the said Barron, or his heirs or assigns, a good warranty deed to blocks thirty-four and thirty-five, in the town of Bloomfield, in said county, except lot one and lot eight, in block thirty-four, when a certain note of even date herewith for nine dollars and thirty-seven cents, and due one day after date, is paid, and the said Board shall obtain the title to the said lots from the United States.
Witness the temporary seal of the said board hereunto atfixed by me, their agent for the sale of lots in the town aforesaid, this 10th day of Jannary, A. D. 1845.
[SEAL.]
MILES TATLOCK, Agent. Attest, J. H. COWELS.
For value received I hereby assign the within Bond to Johnathan Riggs, this 8th day of February, A. D. 1845. Witness my hand and seal.
NOBLE BARRON, (L. S.)
Filed February 10th, 1845, 8 o'clock, A. M.
FIRST CHATTEL MORTGAGE.
Know all men by these presents that I, FREDERICK ATCHISON, of the county of Davis and Territory of Iowa, for and in consideration of the sum of fifty dollars to me paid in hand the receipt whereof I hereby acknowledge, have bargained and sold and by these presents do bargain sell and convey unto STILES S. CARPENTER of the aforesaid county and Territory and to his heirs and assigns forever, all my right interest and elaim.
Dated this 6th day of May 1844.
One brown stable horse 4 years old, one red cow, two yearling steers and two yearling heif- fers, to have and to hold the above described horse and cattle unto the said CARPENTER for- ever. Now the condition of the above obligation ix such that if the said ATCHISON shall well and truly pay or cause to be paid unto the said CARPENTER one certain promissory note, bearing even date with this instrument, for thirty dollars, for valne received, payable ten days after date, then this obligation to be void, otherwise to be and remain in full force.
FREDERICK ATCHISON, [L. S.]
Signed, sealed and delivered in presence of us.
DAVID NEWELL, NOBLE BARRON.
1, DAVID NEWELL, a justice of the peace of the county of Davis and Territory of Iowa, do certify that the above named FREDERICK ATCHISON personally appeared before me and
420
HISTORY OF DAVIS COUNTY.
acknowledged the above instrument to be his own tree act and deed, for the uses and pur- poses therein mentioned.
Given under my hand and seal this 7th day of May A. D. 1844.
DAVID NEWELL, J. P.
Filed May 8th, 1844.
FIRST REAL ESTATE MORTGAGE.
Know all men by these presents, that 1, HARDIN D. PARRIS, of the county of Davis and Territory of lowa, have this day for and in consideration of the sum of one hundred dollars to me in hand paid by JONATHAN RIGGs, the receipt of which is hereby acknowledged, sold and conveyed unto the said RIGGs his heirs and assigns forever, to-wit: the farm that ISAAC RiGas lives on and appurtenances that are thereon. To have and to hold the same forever to his proper use and benefit.
Now the conditions of the above obligation are such that whereas the said JONATHAN RIGGS stands bound to the board of county commissioners of the county and Territory afore- said in the sum of one hundred dollars on a bond as security for the said HARDIN D. PAR- RIS and JAMES ARNET, the condition of which bond is that the said Parris and Arnet would keep an orderly house and permit no unlawful gaming or riotous conduct about their house, which bond was dated on or about the 6th of August 1844. Now should the said Parris hold and keep the said Riggs harmless so that he, the said Riggs, shall not sustain any damage by reason of a breach of the said bond in any way whatever, then this obligation shall be void, otherwise remain in full force and virtue.
In testimony whereof I hereunto set my hand and affix my seal this 24th March A. D. 1845.
H. D. PARRIS, [Seal.]
Signed in presence of, attest, S. Riggs.
TERRITORY OF IOWA, } DAVIS COUNTY. S SS
Personally came before me Hardin D. Parris, whose name appears to the within instru- ment and acknowledged the signing sealing and delivery thereof to be his own free and vol- untary act and deed for the uses and purposes therein expressed
Given under my hand and the temporary seal of the Probate Court of Davis county. Iowa Territory, this 24th day of March A. D. 1845.
MILES TATLOCK, Judge Probate District Court.
Filed for record March 25th, A. D. 1845, at 8 o'clock A. M.
Neither of these mortgages appear ever to have been canceled.
CEMETERY.
Almost immediately after the organization of the county, in October, 1844, the county commissioners set apart and donated block number one, in Bloomfield, for a cemetery. This order was rescinded at the Jannary term, 1845, and lots one, two, seven and eight in block forty-three set apart for that purpose, and used until about 1850, when the present cemetery sonth of town was laid off, and bodies were removed from block forty-three and reinterred there.
421
HISTORY OF DAVIS COUNTY.
COUNTY COMMISSIONERS.
The first board of commissioners in the connty, were elected in the fall of 1843. They were Abram Weaver, Samuel McAtee and William D. Ev- ans. The first officers of the county, who came into office at the same time, were
Gabriel S. Lockman, county surveyor.
Robert Mize, George W. Brown, William Hendrix, John Garman, Pem- broke Gault, constables.
Israel Kister, recorder.
Greenberry Willis, assessor, who immediately resigned, and Samnel Evans was appointed his successor.
In the fall of 1844, another election was had, and William Walker, Willis Faught and Ezra M. Kirkham were elected commissioners. In 1845, Isaac Atterbery succeeded E. M. Kirkham.
James H. Cowles was the first clerk of the board, and continued until 1846, when he was succeeded by I. Kister, commissioners being, in 1847, Isaac Atterbery, Willis Fanght, and Riley Macy.
In 1848-Isaac Atterbery, Willis Fanght, and Daniel Frullinger. Clerk, William Cameron.
In 2849 -- William Duffield, Tyre Dabney, and Thomas Lockman.
In 1850-The same.
In 1851-William Duffield, Tyre Dabney, and Henry W. Briggs.
In July, 1851, this board adjourned as a board, and in a few days after convened again as a court, and adjourned again.
On the 22d of August, 1851, Henry W. Briggs, having been elected county judge, to take the place of the board of county commissioners, opened court, and held it open, according to law, until Angust, 1855, when he was succeeded by Samnel A. Moore, who served two years, being succeeded in August, 1857, by S. W. McAtee, who held the office until January, 1866, being succeeded by William Van Benthusen, who served as county judge until the office was abolished in 1869, when he was elected auditor, which office took the place of the county judgeship.
On the first day of January, 1861, the county affairs were transfered from the county judge to a board of supervisors, composed of one member from each township. The first board were:
J. D. Dunlavy, from Lick Creek township.
*Win. Van Benthusen, from Soap Creek township.
*Henry Hudgens, from Marion township.
*Jaines Hamilton, from Fox River township.
422
HISTORY OF DAVIS COUNTY.
John H. Drake, from Drakeville township. George Duffield, from Bloomfield township.
*David Ferguson, from Perry township. J. I. Earhart, from Union township. *Hugh Abernethy, from Prairie township.
*W. E. Brown, from Roscoe township.
Wmn. Fortune, from Grove township.
Win. Evans, from Wycondah township.
*John Newton, from Fabins township.
J. M. Sloan, from Salt Creek township.
Those marked with an " drew the long term, two years, by lot, the others to serve only one year.
Geo. Duffield was elected chairman and N. W. Cook was appointed «lerk.
In Jannary, 1862, the one year members were succeeded by-
J. D. Dunlavy, reelected from Lick Creek township.
Thomas Lockman, from Drakeville township.
D. P. Palmer, from Bloomfield township.
John Edwards, from Union township.
Wmn. Fortune, reelected from Grove township.
Wm. Evans, reelected from Wyacondah township.
J. M. Sloan, reclected from Salt Creek township.
In January, 1863, the following became members- James Kinsler, from Fox River township.
Z. B. Rooker, from Roscoe township.
Aaron Burgher, from Fabins township. S. D. Wells, from Perry township.
Hugh Abernethy, reelected from Prairie township.
Elijah Putnam, reelected from Soap Creck township.
John L. Moots, from Marion township, and H. A. Wonn elected to fill vacancy cansed by the death of Elijah Putnam, of Soap Creek township.
In January, 1864, the following became members ----
J. M. Sloan, reelected from Salt Creek township. J. D. Dunlavy, reelected from Lick Creek township. .
Joshua Patterson, from Fox River township. B. Noel, from Union township. Win. Evans, reelected from Wyacondah township. Wm. J. Law, from Bloomfield township. Geo. W. Parsons, from Drakeville township. (This leaves Grove withont any member?)
1
P. D. Anderson
PRINCIPAL HIGH SCHOOL
425
HISTORY OF DAVIS COUNTY.
In January, 1865, the following became members- Allen Sawyers, from Fox River township. B. Adkins, froin Roseoe township. A. Burgher, from Fabius township.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.