USA > Iowa > Fremont County > History of Fremont County, Iowa : containing a history of the county, its cities, towns, etc., a biographical directory of many of its leading citizens, war record of its volunteers in the late rebellion, general and local statistic, portraits of early settlers and prominent men, history of Iowa and the Northwest, map of Fremont County, constitution of the state of Iowa, reminiscences, miscellaneous matters, etc > Part 46
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HISTORY OF FREMONT COUNTY.
tain case against some parties who were wealthy, respectable and influential. When the case came on for trial the court-house was crowded with men full of excitement, who were intent upon an interruption should these witnesses be put upon the stand. Threats were audibly made against the lawyers, the parties interested, the witnesses, the officers of the court, and even against the court itself, should they attempt to testify. But Judge Sears quailed not; he was firm, fearless and unmoved. He called upon the sheriff to bid the spectators be seated and be quiet, stating that they should have a good opportunity to hear all the evidence; that what was now transpiring was something new, to be sure, but it was now the law, and he hoped no man who loved the enforcement of law would see it vio- lated. This had a good effect. The witnesses were all sworn, testified, and subjected to a cross-examination, and then retired without molestation, and no one else injured or insulted."
The successor to Judge Sears was Judge James G. Day, a graduate of an Ohio college; at a law school in Cincinnati he received his legal edu- cation, coming to western Iowa at his graduation therefrom. He served with distinguished ability for two terms, and afterwards became one of the Judges of the Supreme Court of the State-a position he now holds. Judge J. W. McDill succeeded him, to be in turn succeeded by Judge J. R. Reid, the present incumbent. Thus it may be seen that the district court of Fremont has had a most eventful history. It originally was held 'in private residences, but now in a stately building erected specially to meet the ends of justice. Its lists of attorneys comprise many men of dis- tinction; its different judges have been men, for the major part, of dis- tinguished ability, and its records-unfortunately-full well filled with causes both criminal and civil. The scenes of other and older days will never be repeated, and this sketch may serve to revive memories-many! of them long since dead.
AN INCIDENT OF THE DISTRICT COURT.
In those days not every lawyer was a Wm. M. Evarts or a Jeremiah S. Black, but all were good-natured and jolly and many of them practical jokers. Cases were few and fees were small, and when the attorneys could not entertain themselves in work pertaining to their profession they. sought to divert themselves in other ways.
The county being new, lawyers were not very abundant, and so it was customary for nearly all the attorneys of the district to accompany the judge from place to place whence court was held and pick up clients when' and where they could. This practice was not very remunerative, but it had its bright side, nevertheless. "The boys didn't make much money,". a veteran lawyer tells us, " but they had lots of fun."
A good story is told of a prank played by the attorneys in the district!
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HISTORY OF FREMONT COUNTY.
north of this, about the year 1850 or 1851. The Judge for that district was -- Williams, quite a character in his way, but withal an excellent judge and one learned in the law. He combined the legal acumen of Lord Coke with the proportions of Falstaff and the tendency to objurga- tion of a trooper of the army in Flanders. To speak alliteratively, he was profound, prodigious, and profane. The lawyers of his court were constantly annoying him and he was condemning them and fining them for contempt. Yet Judge Williams was a kind man at heart, and many is the good deed set down to his credit in the book of the recording angel.
On one occasion the Judge and his retinue of lawyers set out on horse- back from the county seat of Grundy county for Eldora, the capital of Hardin county. On the way the judge grew athirst and as they neared the Iowa river was reminded by one of the lawyers, informed as to the facts, that about half a mile from the road an Irishman kept whisky for sale in his cabin. Leaving the party, his honor went in quest of the enliv- ening fluid for which he had an enthusiastic fondness. The attorneys rode on and soon reached the banks of the Iowa. A light rain had fallen the evening and morning preceding, and the stream was muddy, turbid, and to all appearances deep. One of the party made a reconnoissance, however, and found that at the worst the water was only " mid-sides," and the party, laughing at their first apprehensions, were soon on the west bank of the river safe, sound, and dry, and then halted to wait for the judge.
At once the idea of a joke on his worship occurred to the waggish bar- risters, and they proceeded to carry it out. Hastily denuding themselves, some of coats, some of boots and some of other articles of apparel; when the judge arrived on the opposite bank- which was in a few minutes- they presented all the appearance of men who had just disrobed and who were now re-clothing themselves. The judge took in the situation at once (?) and was further informed by the lawers that if he wanted to reach town in a dry suit he must strip off all his clothes, put them in his saddle-bags and with the latter about his neck swim the raging current! The profanity that followed was fearful. His honor anathematised the weather, the stream, the county commissioners, the attorneys, (of course,) -- everything-until the air was almost blue and the atmosphere smelled of sulphur. He would remove an article of clothing, and then shake his fist at the irreverent wags across the river, who were visibly enjoying the spectacle immensely, and objurgate. At last he stood forth, in puribus naturalibus, a " man of unbounded stomach " and of wrath. The spec- tacle can only be imagined; it can never be described! Mounting his steed he timidly ventured into the stream, appealing to the frantic attor- neys to watch him carefully and come to his assistance if necessary. He
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HISTORY OF FREMONT COUNTY.
had proceded but a few feet when the real condition of affairs became apparent, for, in addition to the suspicious, or auspicious circumstance of the shallowness of the water, the lawyers hurriedly bestrode their horses, and as hurriedly galloped away.
It is needless to say that his honor made the passage in safety. He also reached the hotel at Eldora in safety, and when he confronted those attor- neys in the little bar-room-but let us draw a veil!
DISTRICT JUDGES AND JUDICIAL DISTRICTS.
Fremont county has had, as have its neighboring counties, a most varied judicial history, having been first in one district and then in another. It originally belonged to the fifth district, which was composed of the counties of Appanoose, Boone, Clark, Dallas, Decatur, Fremont, Jasper, Lucas, Madison, Marion, Marshall, Monroe, Page, Polk, Ringgold, Story, Taylor, Warren and Wayne. The district Judge, Hon. William McKay, then resided at Des Moines, in Polk county, hence the magnitude of his journeyings and the greatness of his labors may he judged from the extent of his territory. In February, 1851, Fremont was taken from the fifth and made a portion of the sixth judicial district, which was originally composed of the following counties: Adair; Adams, Audubon, Buena Vista, Buncombe (now Lyon), Carroll, Cass, Cherokee, Clay, Crawford. Dickinson, Fremont, Harrison, Ida, Mills, Monona, Montgomery, O'Brier .. Osceola, Page, Plymouth, Pottawattamie, Ringgold, Sac, Shelby, Sioux: Taylor, Union and Wahhaw (now Woodbury.) When abolished under the new constitution, the district consisted of the following counties Adair, Adams, Fremont, Mills, Montgomery, Page and Taylor. The Judges have been :
James Sloan, elected April 7, 1851, resigned March 9, 1852.
Allen A. Bradford, appointed May 4, 1852, elected April 4, 1853 resigned in 1854.
E. H. Sears, appointed January 9, 1855, elected April 2, 1855.
Under the constitution of 1857 Fremont was added to the thirteenth district, to which it still belongs.
397
HISTORY OF FREMONT COUNTY.
THE CIRCUIT COURT.
With the establishment of the circuit court, Judge James G. Day, judge third district, Iowa, on the 1st day of December, 1868, in compli- ance with the requirements of section 24 of the act establishing circuit and general term courts, and defining the power and jurisdiction thereof, des- ignated the following dates for holding the terms of the circuit court in Fremont county: At Sidney, January 19, April 13, July 27, and October 12, all of the year 1869. As will be noted from the above, this county, together with Mills, Page, Montgomery and Pottawattamie counties, belongs to the third judicial district, of which they constitute the first cir- cuit.
The records of the circuit court of Fremont county open with a vacation record, the first cause being entered by the first session of the court. The first case on the vacation record is that of William Luka vs. William R. Hardy, and is a confession of judgment for debt. The amount of the indebtedness was $1,670. A stay of execution was granted "for a period of three years from the date hereof, and if not then paid, that exe- cution issue at any time thereafter therefor." The date of this transaction is January 6, 1869.
The first regular term of the circuit court of the country was begun and holden in the court house in the town of Sidney on Tuesday the 19th day of January, 1869. There was present R. L. Douglass, sole judge pre- siding; William Martin, sheriff; and J. C. Shockley, clerk. The first business of the court was the selection of an appropriate seal which appears from the following record:
"The said court adopted as the seal thereof a metallic seal, having on the face thereof the words "Circuit Court Seal, Fremont county Iowa, with the figure of an eagle bearing a pair of scales in its beak."
The first case on the record is that of Joseph Venable vs. Cynthia A. Acord, which was continued at plaintiff's cost. Then came the cause of Elizabeth Frisler vs. William J. Holloway, also continued until the fol- lowing term by agreement of counsel. The records of the first circuit court also contain an agreement to a change of venue into Mills county, in the case of Joseph Murphy vs. Fremont county.
The Judges of the circuit court have been Hon. R. L. Douglass, Hon. T. R. Stockton, and Hon. C. H. Loofburow, the present worthy incum- bent.
398
HISTORY OF FREMONT COUNTY.
SOME EARLY LEGAL DOCUMENTS.
Among the many curious records in the law history of the county, the following-interesting in themselves -will serve to illustrate the nature of the legal business and perhaps throw some light on the social relations of the early settlers. It will be seen that many unimportant broils assumed in their minds, the status of deadly assaults, and neighborhood misunder- standings sometimes found their way into courts.
INFORMATION.
STATE OF MISSOURI,
COUNTY OF ATCHISON, S SS
Personally appeared before me, James Cumings, one of the justices of the peace of Bluff township, in Atchison county, Mo., George Wilkersen, who being by me duly sworn deposeth and sayeth; that on or about the first of December, 1846, that a man by the name (as he said) was (of) Gabril Gilbert Came to my House in Bluff Township Atchison County & state of Mosouri, and agreed to Make me 2000 Rails and Cuting 20 Cords of Wood, he lived in my House and I Furnished him with provisions and a rifle gun the Amount of same $31.00 and $3.00 which I lent him in all some $34.00 after which He the said Gilbert Swore that he would not pay me one Cent and that I might help myself the best way I Could. I also believe that He the said Gillbert threatened my life and also the life of others and being made acquainted with the fact that the said Gillbert has Forged His Name which in Truth is (Gabril Cotton! ! ) after this Forgery of his Name, and after Murdering Gardner, and Now liveing with the Wife of the Murdered Man, and after his attempt to Burst open my Door, together with his threats to take my life I believe he intends to put His threats into execution and further this deponent sayeth not this 27 of February 1847.
GEORGE WILKENSEN.
Sworn and Subscribed to before me this 27 day of February A. D. 1847.
JAMES CUMINGS, [SEAL.] Justice of the Peace.
COMPLAINT.
STATE OF MISSOURI,
COUNTY OF ATCHISON, SS.
Before me, James Cumings, of the Justice of the Peace for said County per- sonally came David Near who being duly Sworn according to law deposeth and Saith that on the 31 day of May A. D. 1848 in the county of Atchison My wife went to calep nears to git her quilting frames. John Palmer was with her. She went in to git her quilting frames he commenced a powerful quarrel with her and John Palmer wanted to go in the house to assist her and calep Near shut the door on him and i heard the alarm given in the house and i run and broke the
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HISTORY OF FREMONT COUNTY.
door open and as i entered into the house Calep Near struck me across the head and arms with a Club one inch and a quarter thick about two feet long he geth- ered an ax that lay in the floor and i took it from him and threw it out at the door then he clinched holt of me and in a scuffle with me he fel on the bed i hel hint on the bed about a minit and then i let him up and he made at his gun and i took holt of him again and kept him from it till my wife and the rest could git away and this deponent says that one Calep Near is guilty of the facts charged and further this deponent saith not.
[SIGNED]
DAVID NEAR.
Sworn to and Subscribed before me in the county aforesaid this 31 day of May A. D. 1848.
JAMES CUMINGS, Justice of the Peace.
Caleb and David Near were brothers, some misunderstanding had given rise to a deadly feud between the families of the principals, and each entered suit against the other, charging one another with sundry attempts on life and liberty. It seems, from the following document, "Calep" Near had, previous to the date of the above, filed a complaint against his brother David. The latter had allowed a note to become due, the settlement of which, costing him some ninety dollars had engendered bad blood, and he seized the earliest opportunity to retaliate by selecting the foregoing method. The following is the
SUMMONS.
STATE OF MISSOORI, SS.
COUNTY OF ATCHISON.
The State of Missouri to the Constable of Bluff Township in Atchinson county, Greeting:
You are hereby commanded to Summon David Near to appear before the undersigned one of the Justice of the Peace of Bluff Township in Atchinson County on the 29th day of May A. D. 1848 at two o'clock P. M. at my office in the same Township to answer the complaint of Calep Near. Given under my hand this 29th day of April A. D. 1848.
JAMES CUMINGS, [SEAL]. Justice of the Peace.
It will be noted by the reader that the date of the summons is but two days prior to the affidavit hereinbefore given.
The foregoing records belong to the period just before the settlement of the boundary line difficulty. They are of interest and worthy of perm- anent preservation from that fact, if for no other reason. There are doubtless some still living who will remember the numerous complications caused by the officials of both states acting under their respective gov- ernments, in those parts of the county then in dispute.
400
HISTORY OF FREMONT COUNTY.
The earliest recorded legal instrument of any kind whatever, after the organization of Fremont county, is the following-an instrument which, it is hardly necessary to say, has found many companions from that day tc this:
EXECUTION.
THE STATE OF MISSOURI:
To the Constable of Bluff Township in Atchinson County, Greeting:
Whereas, James Graham on the 3rd day of Feb. 1849 obtained Judgment be. fore the undersigned Justice of the Peace of the Township of Bluff in Atchinsor County against Henry O'Neal and Elisha Bowman for twelve dollars and thirty. five cents for his costs and damages you are therefore commanded to levy the same of the goods and chattles of the said Henry O'Neal and Elisha Bowmar according to law. You are further commanded to return this writ to the under signed Justice within sixty days, from this date. Given under my hand this 5tl day of Feb. 1849.
JAMES CUMINGS, J. P.
What was then Bluff township, Atchinson county, Missouri, is now Franklin township, Fremont county, Iowa, as may be seen from the fol lowing instrument. [Fremout county was organized between the date: of issuing the foregoing and the following:]
EXECUTION.
STATE OF IOWA, SS. COUNTY OF FREMONT. S
To the Constable of Franklin Township in said county, Greeting:
Whereas, on the 7th day of April A. D. 1849, James Graham obtained judg ment before James Cumings a Justice of the Peace in Bluff Tawnship, Atchin son County, State of Missouri against Henry O'Neal and Elisha Bowman for th sum of thirty-five dollars with interest and cost of suit taxed at eighty-five cent interest and cost recovered since one dollar and seventy interest cost fifty cents as by transcript thereof duly certified appears and whereas said Judgment is stil in full force unrecovered and unsatisfied and execution thereof yet remains to b made as is on the part of the said James Graham alleged you are hereby com manded to summon the said Henry O'Neal and Elisha Bowman to appear befor the undersigned Justice of the Peace in Franklin Township Fremont County State of Iowa, at my office therein on the 25th day of January 1850 at on o'clock P. M. to show cause why execution shall not issue against them for th debt, interest and costs and accruing costs aforesaid and of this writ make du service and return.
Given under my hand and seal this 11th day of January, A. D. 1850.
JAMES CUMINGS, [SEAL.] J. P.
.. أبد الهند
WmsM. Brooks
401
HISTORY OF FREMONT COUNTY.
FIRST LAND ENTRIES.
The first land entries in Fremont county were made at the land office at Plattsburg, Missouri. The records of this office are not accessible to us, and we are unable to give the names of those who made the entries. At that time, it will be remembered, the southern part of this county was thought to be a part of Holt county, Missouri, and this is the reason why the entries were made at the Plattsburg land office .* May 28, 1849, seems to have been the date of the first entry at an Iowa land office- that at Fairfield. The entry was made by David M. English, and the land was the north-east quarter of section 25, township 67, range 42; 160 acres. Other entries were made at the same office as follows:
June 18, 1849, w ¿ ne į sec 35, tp 67, range 42; by John B. Samorie.
June 18, 1849, nw } sec 36, tp 67, range 42; by Noah Seabo.
May 29, 1849, nw } sec 26, tp 67, range 42; by Lewis Trudo.
July 19, 1849, lots 1, 2, 3, 4 and 5 in sec 23, tp 67, range 42; by Pierre Graivremond.
July 19, 1849, sw } sec 23, tp 67, range 42; by Joseph Merriville.
July 19, 1849, ne į sec 24, tp 67, range 42, and se į of same section; by David M. English.
July 19, 1849, nw fr qr sec 30, tp 67, range 41; by Thos. Farmer.
August 31, 1849. se į sec 30, tp 67, range 41; by Thos. Farmer.
August 31, 1849, ne } sec 30, tp 67, range 41; by Ernest Bollman. October 9, 1849, sw 2 sec 25, tp 67, range 42; by David M. English. October 9, 1849, w 2 ne } sec 26, tp 67, range 42; by Lewis Trudo.
October 9, 1849, sw fr qr sec 30, tp 67, range 41; by Nancy Pearman ..
October 9, 1849, ne 2 sec 32, tp 67, range 41, and nw qr of same sec- tion; by Daniel McKissick.
October 9, 1849, se { sec 29, tp 67, range 41; by Ernest Bollman.
April 1, 1850, nw } sec 20, tp 67, range 41; by Jacob McKissick.
April 1, 1850, se 4 sec 19, tp 67, range 41; by John Spidle.
April 1, 1850, ne { sec 19, tp 67, range 41; by Edward Bunker.
April 1, 1850, sw { sec 20, tp 67, range 41; by Wm. A. Follett.
June 8, 1850, lots 3, 4, 5 and 6, in sec 11, tp 67, range 42; by A. H. Argyle.
June 10, 1850, e ¿ se į and w ¿ of sw } and lots 5 and 6, in secs. 21 and 22, in tp 67, range 41; by Elias Finley.
October 14, 1850, sw 2 sec 13, tp 67, range 42; by Elias Finley.
* Prior to these entries, and indeed subsequently in great part, the settlers held their land under the claim and pre-emption laws.
6
402
HISTORY OF FREMONT COUNTY.
AT COUNCIL BLUFFS.
The first entries made at the Council Bluffs land office were in 1853. The following are a few made in that year, beginning with the first:
January 6, 1853, se } of se 1, sec 32, tp 68, range 41; by Thos. M. Gordon.
January 6, 1853, ne } of se į sec 35, tp 68, range 41; by John Burger.
January 23, 1853, s } of sw } sec 7, tp 69, range 41; by Augustus Borchus.
March 31, 1853, w 2 of nw } sec 22, tp 67, range 42; by Job Matthews. April 8, 1853, sw } sec 14, tp 68, range 42; by Abner N. Duncan.
April 8, 1853, w { of ne } sec 22, tp 68, range 42; by John E. Beatty. April 8, 1853, nw } sec 22, tp 68, range 42; by Milton Richards.
May 30, 1853, sw } sec 22, tp 68, range 42; by Littleberry Lingen- felter.
April 20, 1853, se į sec 23, tp 68, range 42; by Jacob Thomas.
These are only a very few of the entries made in the year 1853. We have not space to give them all.
The incident of entering land was an event regarded of great importance to the early settler. For months, and in some instances for years, he and his family had looked forward, with great longing to the day when they should possess a few acres of land that they could call their own and upon which they could build a home, and now their anticipations were realized. Life, even in the wild west, was now something more than ever worth living for.
1
FIRST DEED MADE AND RECORDED.
The first deed recorded in this county was the following:
This indenture, made and entered into this 22d day of August, in the year of our Lord one thousand eight hundred and forty-nine, byand between Peter Liv- ermore and Julia Livermore, his wife, of the county of Fremont and state of Iowa, of the first part, and Wm. Keutsler of the county and state aforesaid, of the second part, witnesseth that the said party of the first part, for and in con- sideration of the sum of four hundred dollars, to them in hand paid-the receipt whereof is hereby acknowledged-have given, granted, bargained and sold, and by these presents do give, grant, bargain, sell, and convey and confirm unto the said party of the second part and to his heirs and assigns forever, a certain tract, piece, or parcel of land, being the one undivided half of the northwest fractional quarter of section 23, township 67 north and range 42 west, containing one hundred and fifty-four acres and seventy-seven hundredths, situate, lying, and
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HISTORY OF FREMONT COUNTY.
being in the county and state aforesaid, to have and to hold the said undivided tract, piece, or parcel of land, with all the appurtenances thereunto belongihg or in any wise appertaining to the only proper use, benefit, and behoof of the said William Keutsler, the said party of the second part, and to his heirs and assigns forever; and the said party of the first part, for himself, his heirs, assigns, execu- tors and administrators, covenant and agree to and with the said party of the second part and his heirs and assigns, the said undivided tract, piece, or parcel of lard and bargained premises and every part and parcel thereof the said party of the second part and to his heirs and assigns, all manner of claims will warrant and forever defend the same by these presents.
In witness whereof the said party of the first part have hereunto set their hand and seals the day and year above written.
his
PETER LIVERMORE.
[SEAL]
mark
her JULIA LIVERMORE.
[SEAL]
mark
STATE OF IOWA,
FREMONT COUNTY, SS.
Be it remembered, that on this 28th day of August, in the year of our Lord one thousand eight hundred and forty-nine, personally appeared before me, the undersigned, a justice of the peace within and for the county aforesaid, Peter Livermore and Julia Livermore, his wife, who are personally known to me to be the persons whose names are subscribed to the above and foregoing instrument, acknowledged the same to be their act and deed for the purposes therein expressed; and the said Julia Livermore was by me made acquainted with the character and contents of the above and foregoing instrument of writing, ac- knowledged, on an examination separate and apart from her said husband, and she declared that she executed the same and relinquishes her dower in the real estate above mentioned, voluntarily, freely, and without compulsion or undue influence of her said husband. Given under my hand and seal this day and year above written.
JAMES CUMINGS, J. P. [SEAL]
I do hereby certify that the within and foregoing deed was by me, the under- signed, recorder within and for the county aforesaid, recorded on the 8th day of October, A. D., 1849.
A. H. ARGYLE, Recorder.
It will be observed that in the acknowledgment of the above instrument the justice of the peace states that he examined the " said Julia Livermore * * * separate and apart from her said husband," and that she acknowledged that she had signed the deed "without compulsion," etc. This was the practicc under the old common law which then was in force in the state-a practice now obsolete. The theory was that the husband was the lord and master of his wife, and that she executed merely his
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