USA > Iowa > Hamilton County > History of Hamilton County, Iowa, Volume I > Part 42
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Livery, Feed and Sale Stables-Columbian, Lasher Bros., C. A. Near, Palace Livery, Star Livery, Webster City Feed Sheds. Wilkie Bros.
Lumber-E. N. Lee, Smith & Younkee, J. W. Young.
Meat Markets-Central Market, J. E. McCaffery & Co., Smith A. Babbitt, E. E. Valentine.
Millinery and Fancy Goods-The Argyle, A. Baldwin & Co., Mrs. William Barger, The Leader, Mrs. E. R. Lee, Misses Smith.
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HISTORY OF HAMILTON COUNTY
Marble Works-Dodge & Baker.
Publishers and Job Printers-Webster City Freeman, The Graphic Herald, Hamilton County Journal, The Tribune.
Restaurants and Lunch Rooms-The Bon Ton, The Farmers, Henry Le- Valley, Wolley & McCaskie, The Model, Star Lunch Room, Star Restaurant, Ora Stillwell, The Vienna by W. Blankenbuhler.
Wholesale Dealers and Jobbers-Closz & Howard Manufacturing company, Cream Roller Mills, Iowa Churn Company, Litchfield Manufacturing Company, Strohmeyer Bros., Webster City Brick and Tile Company, Webster City Canning Company, Webster City Bottling Works, Webster City Grocer Company, Web- ster City Hot Water Heating Company, Webster City Water and Steam Mills.
Music Teachers-Prof. Alex Emslie, George F. Johnson, Miss Nellie Her- rick, Miss Dora Morse, Prof. A. C. Olker, Miss Mildred G. Smith, Miss Lillian N. Smith, Miss Anna Willis.
Photographers-Ed. Brown, G. F. Johnson.
Physicians and Surgeons-Miss Belle Conrad, Dr. T. J. Desmond, Dr. F. J. Drake. C. I. Eberle, O. A. Hall, A. H. Hull, D. L. Hurd, A. M. Pond, F. E. Whit- ley, E. Willson.
Veterinary Surgeons-Williams Bros.
Wagon and Carriage Makers-F. E. Brown, Patterson & Son, George Shaw, C. D. Stickney.
And again in 1904, was published another directory which is given below :
BUSINESS DIRECTORY OF WEBSTER CITY IN 1904
Abstracts of Title-Varick C. Crosley, Kamrar & Pyle. George W. Lee, F. Millard, F. Ellas Smith.
Architects-J. R. White, C. T. Atkinson.
Bakeries-William Blankenbuehler, John McLain, P. Renillard.
Banks-Commercial Bank, Farmers National Bank, First National Bank, Hamilton County State Bank, Webster City Savings Bank.
Barber Shops-John Carter, F. T. Eckstein, Major Harris, Horsley, Maxon & Co., Maag & Clifton, McCollough & Gregory, N. T. Olmstead.
Bicycle Repairs-F. R. Dalby.
Billiards and Pool-W. B. Kearns, Green & Wilkenson, Mullen Bros.
Blacksmiths and Horseshoers-L. C. Gensman, A. S. Holt, N. H. Williams, Ira Smith, William Montgomery, William Whiteman, Charles Wiese.
Bookbindery-Journal Printing Company.
Boots and Shoes-Burleson & White, G. H. Hahne, Hanrahan & O'Connor, Jacob Brothers, Kashsavingstore, Charles T. Smith, J. B. Trumbauer, N. B. Trumbauer.
Bottling Works-Webster City Bottling Works.
Brick and Tile-Webster City Brick and Tile Company.
Broom Factory-L. C. Heineman.
Butter, Eggs and Poultry-R. G. Clark, Ellingson, Mathre & Co.
Carriage Repositories-J. P. Clagg & Son, H. E. Pringle & Co. N. L. Rood & Sons, Will F. Smith & Co.
Carriage and Wagon Builders-A. S. Holt, W. Moore, Charles Wiese.
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HISTORY OF HAMILTON COUNTY
Cigar Manufacturers-W. F., Haegar, A. G. Koeppe.
Civil Engineers-N. B. Evarts, Edward E. Fox, J. N. Hiff. J. E. Quacken- bushı.
Clothing Stores-Louis Frank, Jacob Bros., Joe Oppenheimer, Charles T. Smith.
Contractors and Builders-C. E. Atkinson, W. O. Butler, John Beightol, O. I. Kleaveland, D. S. Pettibone, W. J. Zitterell.
Coal and Wood-A. J. Brewer, C. C. R. R. & C. Co., James Hoyt, P. Schomer Coal Wholesale-C. C. R. R. & C. Co.
Creamery- R. G. Clark, Ellingson, Mathre & Co.
Dentists-N. C. A. Berg, F. A. Boysen, L. H. Giffin, A. Kellogg, D. G. Ma- hood.
Druggists-H. G. Arthur, J. F. Carey & Co., Higgins & Bryant, Keltz & Lit- tle, Ruegnitz Drug Co., W. C. Snyder, Geo. W. Teed, W. O. Wolgamot.
Dry Goods-Burleson Dry Goods Co., Derr & Hook, Jacob Bros., Kashsav- ingstore, Metcalf & Lewis, Sackett & Cornell.
Feed Store-A. J. Brewer, Jas. Hoyt, Cream Roller Mills, American Stock Food Co.
Founders and Machinists-Litchfield Mfg. Co., W. C. Steel Radiator Co.
Furniture-J. W. Allington, L. J. Davis & Co.
General Repair-F. R. Dalby.
Grain Sieve Manufacturers-Closz & Howard Mfg. Co.
Granite and Marble Works-Dodge & Baker.
Groceries-Arthur & Mulholland, Wm. Arnold, H. A. Crandall & Co., H. A. Eames, E. Edwards, Stanton R. Hoyt, Hughes & Bunker, Jacob Bros., F. B. Jansen, Scriven Grocer Co., J. D. Sketchley, Unique Grocery Co.
Hardware-J. P. Clagg & Son, E. Edwards, Paul McConnel, Aug. Mueller, F. R. Mason & Son.
Harness and Saddles-F. E. Grempel, A. P. Hansen, D. F. Shea, Chas. Shrigley.
Hotels-El Monte Hotel, Grand Central Hotel, Johnson House, Wilson Hotel. Justices of the Peace-W. G. Bonner, Percival Knowles.
Laundries-Beaumont Laundry Co., San Lung, Chinese.
Lawyers-Chas. A. Biernatzki, J. M. Blake, Boeye & Henderson, D. C. Chase, W. J. Covil, O. O. Hall & Son, N. P. Hyatt, Kamrar & Pyle, Percival Knowles, J. W. Lee, F. J. Lund, Reuben McFerren, Wesley Martin, Jolin D. Porter, Richard & Thompson, Geo. F. Tucker, Wambach & Mattice, W. A. William's.
Livery Stables-A. C. Filloon, J. T. Gray, J. F. Mills, W. H. Perry, John C. Smith).
Lumber-Citizens Lumber Co., J. W. Young. Chas. E. Younkee Lumber Co.
Meat Markets-F. C. Brennecke, Helmick Bros. & Meekins, R. 11. Kamrar, E. H. Welty.
Tailors-E. A. Beck & Co., F. I. Cash & Son, John Horn, P. Steandars, J. R. Taylor.
Millinery-Burleson Dry Goods Co., Derr & Hook, Amanda Johnson, Mrs. HI. B. Merrill, Maggie Smith, Mrs. J. H. Servis, Mae White.
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HISTORY OF HAMILTON COUNTY
Newspapers-Freeman (weekly). Freeman-Tribune (daily). Graphic- Herald (weekly). Journal (daily and weekly), Tribune (weekly).
Opticians-C. I. Eberle, Heron & Smith, R. W. Homan, J. L. Haddox. Osteopathic Physicians-Dysart & Dysart.
Photographers-Ed. Brown, Geo. Johnson.
Physicians-Syrena Andrews, Belle Conrad, T. F. Desmond, F. J. Drake ( Homeopathic ), C. I. Eberle, O. A. Hall, R. W. Homan, J. N. Medbery. A. M. Pond, C. W. Rummel, E. E. Richardson, F. E. Whitley.
Pianos and Organs-W. H. Cook, L. C. Chase.
Plumbing-Clement & Miller, Aug. Mueller.
Restaurants-C. M. Arthur, Brunswick Chop House, Chicago Cafe, Farm- er's Restaurant, Hathaway & Son.
Rug Manufacturers-Economy Rug Co.
Second-Hand Goods-Daniels Bros., J. H. Servis, Star Second-Hand Store. Veterinary Surgeons-J. E. Williams, C. A. Zublin.
A study of the foregoing directories will show that of among the names given in the directory of 1869, only three are in active business today. The man who is entitled to the credit of being actively engaged in business in Hamilton county for the longest term is J. M. Jones, who commenced in the fifties, and who has been actively engaged either as a merchant or banker ever since, except during the time he served as paymaster during the war.
Next is J. W. Covil who opened his law office in 1866, then J. L. Kamrar, who commenced his law practice in 1871. Among the retail merchants H. A. Crandall, Geo. W. Teed, N. B. and J. B. Trumbauer, Louis Frank, Wm. Hahne, J. H. Lee and H. R. Dodge were in business prior to 1880 and their names are still on the list as active business men. Geo. W. Teed has conducted a drug and jewelry store continuously since 1874, and still gives personal attention to the wants of his customers. For continuous personal application to business he perhaps "holds the record" though H. A. Crandall is not far behind.
Failures in business have not been many. The most notable are the Grab- scheid, Anderson and Keller cases.
Vol. 1-23
CHAPTER XXII
THE BENCH AND BAR
JUDGE M'FARLAND-OTIIER EARLY JUDGES AND LAWYERS-A FAMOUS CASE- PIONEER JUSTICE PRACTICE-REPORT OF THE FIRST GRAND JURY-OUR LAWYERS IN 1867- HAMILTON COUNTY JUDGES-DANIEL DARROW CHASE-DAVID D. MIR- ACLE-NORMAN B. HYATT-MODERN TRIALS AND LAWYERS-THE DEPARTED- WM. R. DANIELS, JACOB SKINNER, F. Q. LEE, G. B. PRAY, H. G. CULP.
The territory of Hamilton county first came under judicial supervision, when in 1852, Risley county was attached to the fifth judicial district. The first judge who had jurisdiction in this county was William McKay of Polk county. In 1854 Phineas M. Casady of Polk county was elected judge of the fifth district, but so far as the record shows, neither McKay nor Casady ever held court within the limits of Hamilton county.
JUDGE M'FARLAND
The first term of court held in the county was presided over by Judge Mc- Farland, and as he was a prominent figure in early days, both as judge and politician, we will try to give some idea of the kind of man he appeared to be to the pioneers of this county.
We have no record of his early life. The first mention of his name we have seen was in connection with the judgeship in 1851. Upon the resignation of Judge William McKay, of the fifth judicial district McFarland was appointed by the governor to fill the vacancy.
He was a man of magnificent personal appearance, attracting attention where- ever he went. He wore a luxuriant beard, which he allowed to grow at full length, and of which he was somewhat vain. He was generous hearted and accommodating to the extreme, yet was somewhat high tempered, and prone to sudden anger at some real, or imaginary insult and would use whatever power at hand to avenge it. However, when his passion cooled, he was as ready for recon- ciliation as anyone could wish. He was a man of fine ability, and his decisions as a judge, though they sometimes took a short cut for justice, were usually right, and were generally sustained by the supreme court, upon appeal. He loved a jolly company and a good story, and was in the habit of partaking rather freely of what the settlers called "tangle foot," oftentimes to excess. The habit grew on him as he advanced in years. It will easily be seen that such a man, acting as he did, largely upon impulse, could not be regarded as eccentric. He was a
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HISTORY OF HAMILTON COUNTY
delegate to the Cincinnati National Convention which nominated James Buchanan for president, and was chairman of the Iowa delegation. lle took an active and conspicuous part in the proceedings and it is said that a St. Louis paper in its account of the convention, referred to him as "a man with a flourishing crop of whiskers, whose extravagant luxuriance doubtless exhausted such a large pro- portion of nutriment as to greatly impoverish the nerve centers of the brain." When McFarland saw the paper he became furious and vowed vengeance upon the reporter, but was unable to find him. It is safe to say that had he found him, somebody would have received a chastisement, for the Judge was well endowed with courage, as well as physical strength.
In those days it was the custom of certain attorneys to "ride the circuit" with the judge for the purpose of attending to such business as might come up and among the "circuit riding lawyers" who visited this country were Dan Finch, "Timber" Wood, John A. Hull, and Henry L. Huff.
At one of the courts held in this county, E. H. West, who was sheriff was to officiate for the first time, and not being familiar with the formal language used in opening court, asked Judge McFarland to write out the words he should use so that no mistake would occur. The Judge wrote on a strip of paper the words : "Hear ye, Hear ye, this honorable court is now open, etc." Sheriff West placed the paper in his hat and the hat upon the table to have it handy when needed. Dan Finch took the paper out, and when he saw what was upon it, wrote upon a similar paper : "Hear ye, Hear ye, this mill is about to grind, all ye who have grists to grind bring them in now," and placed it in the hat instead of the other.
The judge took his seat and said: "Sheriff, convene court."
The sheriff took the paper in his hand and went to the door and in pompous and stentorian tones read off the paper Finch had prepared, which created no small amount of merriment.
The judge, giving the sheriff proper instructions, had court opened in due form and singling out Finch as the perpetrator of the joke, read him a severe lec- ture, and threatened to fine him for contempt of court if he was ever again guilty of such levity at the expense of the dignity of the halls of justice.
The first time MeFarland was elected judge some irregularities were discov- ered and his seat was contested. John A. Hull was employed as attorney against McFarland. A short time before the election Hull had bought a barrel of lime of the judge but had not paid for it. McFarland was so angry because of the bringing of the contest, that acting upon the impulse of the moment. he sued Hull for the lime. Hull immediately paid the claim to the justice, while MeFarland, in the meantime got over his wrath and refused to take the money. Hull would not take it back, so the justice kept it.
At one time, the judge had been imbibing freely, and the weather being hot, he fell asleep upon the bench. Dan Finch and another attorney were trying a case and became involved in a hot personal quarrel which seemed likely to end in a fight. The judge woke up, and taking in the situation informed the quarreling lawyers that "if they didn't quiet down immediately he would come down and whip 11-1 out of both of them." They quieted.
The writer was once in a company in which Ex-Governor Stone was the central figure. The eccentricities of Judge McFarland were the subject of con- versation and the governor is responsible for the following incident.
CITY HALL, WEBSTER CITY
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HISTORY OF HAMILTON COUNTY
The judge was holding court in one of the southern counties of his district- if we remember rightly, in Marshall county-and a young but very bright law- yer was making an exhaustive argument on the law of the cause. The compre- hensive character of the argument exhausted the judge and he was looking for an opportunity to put an end to it when a jackass, hitched to a fence outside set up a mighty braying. Quick as lightning the judge held up his hand toward the attor- ney with the remark, "One at a time, gentlemen, one at a time." The laughter which followed was checked by the young lawyer, however, who quickly re- sponded : "I have no doubt, your Honor understands the language of the gentle- man outside much better than the perhaps less abstruse but more profound logic of the law from me. I gladly give way to your friend on the outside."
The retort provoked a roar of laughter in the court room, and the judge in the heat of passion adjourned court with the intent to administer personal chastise- ment upon the offending attorney, but friends interfered. The sting was so sharp, however, that the judge did not get over it for several days, but finally see- ing that the reply was apt, and no more personal than his own remark that had called it out, he forgave the lawyer and afterward, when not in liquor, would laugh as heartily at the joke as anyone.
Ile was holding court once at Fort Dodge when the seats were taken from the court room to be used for some social occasion and not returned in time for the opening of court the next morning. He immediately adjourned court sine die, remarking that "he'd be d-d if he would hold court in a town where they couldn't keep seats in the court room." and immediately left town leaving the un- finished business for another term.
McFarland was often referred to as "Old Judge" McFarland yet it is signifi- cant, that he died at the age of thirty-nine.
OTHIER EARLY JUDGES AND LAWYERS
In 1855, McFarland's seat was sought by William W. Williamson of Polk county and Williamson was declared elected but McFarland contested the elec- tion and the contest was decided against Williamson.
In 1857, when Hamilton county was organized, it became a part of the thir- teenth judicial district and James D. Thompson of Hardin county was elected judge.
The first term of the district court held in the county after its separation from Webster, was held at Webster City, September 7, 1857, Hon. J. D. Thompson, judge, presiding.
There was no dearth of lawyers even at that early date, for we note that there attended this term of court, Attorneys, W. R. Daniels ; prosecuting attorney, Messervey & Richard, of Fort Dodge; Dana & Frazier, of Nevada; Hall, of Boonsboro; Berkley, of Webster City, and Smith, of Homer, and there were twenty-six cases on the docket for trial.
In 1857, Jacob Skinner came to Webster City and a year later, D. D. Chase arrived. Skinner was about forty-eight years old. He had had considerable experience as a lawyer and was possessed of a fine library. Chase was about twenty-seven years of age and a man of fine accomplishments and these two at once took first rank at the bar.
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IHISTORY OF HAMILTON COUNTY
In 1858, Hamilton county was made a part of the eleventh judicial district and John Porter of Hardin county was elected judge. Judge Porter evidently proved to be a good judge for he was re-elected in 1862 and continued to hold the office until he resigned in 1866.
As an illustration of the mode of practice in the fifties, we give here, an account of "A Famous Case" written by Isaiah Doane, many years ago:
"A FAMOUS CASE" IN WHICH SKINNER, BERKLEY AND HEPBURN FIGURED
I think it was in the spring of 1859 that I was called upon, for the first time. to do jury service in the district court of Hamilton county, Iowa. Possibly it may have been a year or so later. At any rate, Hon. John Porter, of Eldora, was pre- siding judge, and William P'. Hepburn, then of Marshalltown, was district attor- ney.
During this term of court there was a trial for the violation of the liquor law, which was, in many of its provisions, very similar to the present prohibitory law. As frequently happens in such cases, the great state of Iowa was plaintiff, and the members of some kind of a mercantile firm were defendants. I think their names were Barton and Robbins, or Robinson. As in duty bound, the dis- trict attorney, Colonel Pete Hepburn, as he was afterwards familiarly called, appeared for the state, and Granville Burkley and Jacob Skinner for the defend- ants. The trial was a protracted one, for that time : for a limited county exchequer compelled economy in the luxury of litigation, and with Judge Porter on the bench, a suit involving a few hundred dollars could not "drag its slow length along" over four or five days simply to allow two or three stripling shysters to advertise themselves by posing before the public as advocates in the case.
As radical changes in human nature are of such exceedingly slow development as not to be appreciable in the life of one generation, it follows that it was sub- stantially the same then as now. And the human nature of today is such that when a devotee of Bacchus is called into court to tell "his honor and the jury" when, where, how and from what saloon, drugstore or hole in the wall he obtained certain exhilarating beverages, he suddenly becomes reticent. oblivious and slow of apprehension, as well as a "very poor judge of whiskey." So in the trial of this case the "state" was surrounded by a cloud of intelligent looking wit- nesses ; but it was soon made apparent that it was with great difficulty that they were made to comprehend the full import of the interrogations shied at them by the district attorney, and even when made to understand their recollection with regard to liquid purchases became very indefinite and indistinct. And when finally reminded by the citation of a number of circumstances, that they had once upon a time made certain purchases, and were asked to "tell the jury" what it was, they could not tell, but when pressed to tell what it was called they uni- formly answered "Tom and Jerry"; but whether it was whiskey, or had any resemblance thereto in taste or smell, their ignorance of the qualities of that particular beverage, rendered them wholly incapable of judging or testifying. Hence it was only by the most persistent efforts that the attorney elicited anything like an intelligent and connected statement of the facts clearly in possession of the witness.
These circumstances, combined with public interest in the liquor question and the distinguished character of the attorneys, made the case one of absorbing interest.
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HISTORY OF HAMILTON COUNTY
Some of the episodes of the trial were intensely interesting or highly amusing, Colonel Hepburn was at that time quite a young man-in appearance a mere boy. Magnetic and prepossessing in an eminent degree, he entered the case with one strong point of advantage already established with the jury. Besides he was a young man of remarkable natural brilliancy. His chief characteristics were a nervous stirring eloquence, flashing wit and an inexhaustible supply of caustic sarcasnı.
The attorneys for the defense were both past middle age, and each had some- thing of a local reputation in his profession. Skinner was the elder of the two, and his style was great earnestness and volubility of language ; words, words, words, came hurtling on the ears of the court almost like the patter of hail.
Burkley's mode of practice was technical quibbling and bull dozing harangues. Both were sensitive and irritable to a considerable degree. In entering upon the prosecution, Hepburn paid his respects to "the distinguished counsel for the defense," and warned the jury in all apparent solemnity to be on their guard against being misled by the superior eloquence of his opponents, whom he called "his friends Demosthenes and Cicero"-names which he used in all his subse- quent allusions to them. This, as he evidently expected it would, angered his antagonists, and at any attempt to resent it, he turned upon them with such inimitable wit and drollery as to make them the subject of the laugh that was sure to follow. Burkley finally threatened to resort to the tactics of the Sulli- vanic era. This, however, was promptly interdicted by Judge Porter, and "order in the court" was temporarily restored, only to break out afresh as the young prosecutor went on with his dazzling display of oratorical pyrotechnics, mean- while raining his blistering invectives upon the heads of the accused, their at- torneys and ready witnesses. What penalty followed the verdict of the jury and the subsequent history of the case are out of the memory of the narrator.
It was at this same term of court that another incident, illustrative of the spirit of the time, occurred. One morning after "His Honor" had been duly and gravely seated on the "bench" and the sonorous and monotonous "hear ye! hear ye!" of the sheriff had returned in feeble echoes from the eastern bluffs of the classic Boone, and the clack of the legal mill was just about to start up, the grand jury, composed of twelve grave and revered seniors, with Hon. Selem B. Rosencrans at their head as foreman, entered, and when the sheriff had vacated the seats for them, sat down and awaited the salutation of the court. Be it remembered that among the jurors was the rotund and rubicund ex-sheriff E. H. West, famous for bibulous habits. "Gentlemen of the jury, have you finished your labors?" queried the court. "No, your honor," responded the foreman, "but Mr. West is disqualified for business by reason of intoxication." The grimaces and vigorous blinkings of Mr. West, and this announcement aroused him from his partial stupor, completely upset the gravity of the court and the jury were granted a respite until after dinner when it was hoped each individual juror would report for duty in such a complete state of sobriety as to be fully conscious of "where he was at."
The writings of Judge Doane are based upon such an accurate knowledge of facts, and so extremely interesting that we cannot refrain from giving another of his stories, relating to justice of the peace practice in the '50's.
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HISTORY OF HAMILTON COUNTY
PIONEER JUSTICE PRACTICE
One of the most exciting lawsuits, or series of lawsuits that ever came to the notice of the writer, occurred at Homer in the winter of 1858-9 before James Faught, a justice of the peace. The plaintiff, John Bird, who resided on Brushy creek, about two miles northwest of Homer, owned quite a little herd of cattle and becoming involved in financial difficulties, determined to protect his said property by placing it under the sheltering wing of one John Atherton. To make the proceedings visible to the public a formal bill of sale was executed and de- livered with the tacit or verbal understanding that Atherton would reconvey when asked so to do. But when the storms of winter and financial danger were about past and the surrender of the property in controversy requested the said Atherton took the high moral grounds that three or four months of peaceable possession under color of title looked very much like bona fide ownership; in short believed he could make it such, inasmuch as the theory had been corro- borated by the admission of Bird made to sundry of his neighbors during the win- ter. Alleging substantially the above facts a writ of attachment was made out against Atherton, the property seized and the time set for the trial of the case. The proceedings were commenced before Justice H. G. Pemberton but taken on change of venue before Justice Faught. The trial was held in the bar- room of the hotel at the northwest corner of the public square, then kept by F. A. llarris, and lasted several days. The whole countryside was aroused and everybody was there. Granville Burkley and Jacob S. Smith were engaged as counsel on opposing sides. Judge Daniels was also retained, but on which side the writer does not recollect. Neither Burkley nor Smith were noted for their excessive modesty, hence some of their sallies of irate wit and sarcasm were enough figuratively speaking, to convulse a brass monkey with laughter. After judgment for possession had been awarded to Bird, a suit in replevin was com- menced by Atherton which reopened the whole issue. To facilitate the com- mencement of the suit, one Ellis residing near Border Plains qualified as surety on Atherton's bond, and as his visible means were not commensurate with his statements of assets, an information was filed, charging him with perjury. He was arrested and held by the constable until after dark, when, watching for a favorable opportunity, he sprang aside into the darkness and ran home, leaving the constable, lantern in hand, hunting, Diogenes like, for his prisoner.
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