History of Jackson County, Iowa; Volume I, Part 10

Author: Ellis, James Whitcomb, 1848-; Clarke, S. J., publishing company
Publication date: 1910
Publisher: Chicago, S. J. Clarke Publishing Co.
Number of Pages: 730


USA > Iowa > Jackson County > History of Jackson County, Iowa; Volume I > Part 10


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).


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1838-William Jonas, William Morden and J. Leonard. 1839-E. A. Wood, William Morden and William Lee. 1840-George Watkins, A. W. Pence and E. A. Wood. 1841-John Francis, George Watkins and E. A. Wood. 1842- John Sillsbee, William Morden and David Swaney. 1843-David Burke, David Swaney, and the third member we have been unable to name. 1844-E. G. Pot- ter, David Swaney and David Burke. 1845-David Swaney, David Burke and E. G. Potter. 1856-David Burke, D. Swaney and J. L. Kirkpatrick. 1847- D. Swaney, David Burke and W. T. Wynkoop. 1848-David Burke, W. T.


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HISTORY OF JACKSON COUNTY


Wynkoop. and George F. Green. 1849-George F. Green, W. T. Wynkoop and Luke Patten. 1850-David Montague, George F. Green and W. T. Wynkoop.


In 1851 by a change in the laws of Iowa the administration of county affairs was placed in the hands of a county judge. The county judges were: 1851 to 1857-D. F. Spurr. 1857 to 1860-J. Kelso. 1860 to 1861-J. H. Smith. 1861 to 1863-P. B. Bradley. 1863 to 1867-A. L. Palmer. 1867 to 1869-J. S. Darling.


The office of county judge was modified in 1861 so as to have jurisdiction over probate matters only. It was finally abolished in 1869.


The administration of county affairs was placed in the hands of a county board of eighteen members, one chosen from each township, nine members be- ing elected each year for the term of two years. At the organization of the board, it was divided by lot, in two divisions equally-one to serve one year and the other to serve two years. 1861-short term-N. Kilborn, H. Burke, E. Larkey, D. Blakesly, J. M. Fitzgerald, D. T. Farr, J. W. Wilson, J. Harrington, J. Clark ; long term-J. Ryan, W. Davis, H. Green, V. S. Grey, Thomas Ray, J. Reagan, H. Farr, A. Reiling, J. Hilsinger. 1862-D. Burke, W. B. Whitley, W. E. Reed, P. Mitchell, Joseph Hunter, J. A. Tritz, Alexander Reed and A. Wood. 1863 -J. B. Miller, William Davis, H. Green, Henry Todd, J. Reagan, M. Goddard, James Dunne, J. Harrington, J. M. Fitzgerald and J. Hilsinger. 1864-William Rice, T. E. Cannell, P. C. Burke, J. S. Thompson, J. L. Taylor, Alexander Gal- loway, John Wilson, W. T. Wynkoop, J. A. Tritz. 1865-John Hilsinger, James Dunne, J. Ryan, John Watson, William Davis, W. S. Belden, J. C. Shaupp, George Hamilton, James Clark. 1866-N. Kilborn, J. L. Taylor, John Hutchins, P. B. Jameson, H. G. Haskell, Z. DeGroat, John Holroyd, J. R. Plumb, F. W. Crane, W. H. Reed. 1867-B. F. Thomas, William Davis, James Dunne, F. W. Crane, J. W. Dillrance, John Donnelly, John A. Tritz, J. K. Hurshburger, H. Heckert. 1868-William A. Warren, William H. Reed, Otto Schmidt, John Holroyd, D. D. Cotton, J. L. Taylor, D. S. Haight, John Redden, E. K. Dutton. 1869-J. Hil- singer, John Watson, F. W. Crane, J. A. Tritz, J. M. Fitzgerald, N. A. Kimball, J. P. Manders, J. Dunne, J. H. Spray, W. A. Warren. 1870-Alexander Reed, N. C. White, Arnold Reiling, John Holroyd, Z. DeGroat, T. E. Cannell, John Redden, J. L. Taylor, C. L. Clossen.


The law was again changed to a board of threee supervisors elected by the county at large. The board under the new law was:


1871-John Holroyd, chairman; Arnold Reiling, A. M. Phillips. 1872-Ar- nold Reiling, chairman; John Holroyd, James Dunne. 1873-James Dunne, chairman ; John Holroyd, Myron Collins. 1874-James Dunne, chairman ; My- ron Collins, George H. Trumbull.


About this time was submitted to the people the question of increasing the board of supervisors to five members. The vote was in favor of increasing the number of supervisors.


1875-Myron Collins, chairman; James Dunne, D. T. Farr, N. A. Kimball, George H. Trumbull. 1876-G. H. Trumbull, chairman; James Dunne, D. T. Farr, N. A. Kimball, Henry Schlatterer. 1877-James Dunne, chairman; D. T. Farr, N. A. Kimball, A. Reiling; W. C. Morden. 1878-W. C. Morden, chairman ; S. S. Simpson, James Dunne, B. A. Spencer, S. B. Wells. 1879-James Dunne, chairman ; W. C. Morden, S. B. Wells, B. A. Spencer, Frank Schlecht. 1880- James Dunne, B. A. Spencer, S. B. Wells, Frank Schlecht, A. S. Carnahan. 1881 -A. S. Carnahan, Chris Farley, John Manderschied, B. A. Spencer, Frank Schlecht. 1882-A. S. Carnahan, B. A. Spencer, Frank Schlecht, Chris Farley, John Manderschied. 1883-Frank Schlecht, John Manderschied, B. A. Spencer, Chris Farley, J. L. Taylor. 1884-B. A. Spencer, Frank Schlecht, J. L. Taylor, J. Hilsinger, D. W. Donovan. 1885-J. L. Taylor, D. W. Donovan, B. A. Spencer, J. Hilsinger, A. G. Keglar. 1886-J. Hilsinger, D. W. Donovan, A. G. Keglar, B. A. Spencer, R. F. McMeans. 1887-A. G. Keglar, J Hilsinger, R. F. McMeans, Wm. Morau, Alfred Hurst. 1888-J. Hilsinger, A. Hurst, R. F. McMeans, Wm.


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HISTORY OF JACKSON COUNTY


Morau, Joe Swirtz. 1889-Wm. Morau, R. F. McMeans, Jas. Burnes, A. Hurst, Jas. Schwirtz. 1890-Wm. Morau, A. Hurst, R. F. McMeans, T. A. Pearson, R. R. Farrell. 1891-A. Hurst, A. Templeton, T. A. Pearson, Wm. Morau, R R. Farrell. 1892-R. R. Farrell, T. A. Pearson, W. A. Blessing, A. Templeton, Wm. Morau. 1893-R. R. Farrell, A. Templeton, Geo. Cooper, Daniel Coakley, T. A. Pearson. 1894-A. Templeton, Geo. Cooper, Dan Coakley, R. R. Farrell, T. A. Pearson. 1895-Geo. Cooper, Dan Coakley, R. R. Farrell, T. A. Pearson, M. S. Bowling. 1896-Dan Coakley, Geo. Cooper, R. R. Farrell, M. S. Bowling, S. B. Wells. 1897-M. S. Bowling, Dan Coakley, Geo. Cooper, S. B. Wells, Sam Campbell. 1898-S. B. Wells, Dan Coakley, M. S. Bowling, Sam Campbell, Geo. Cooper. 1899-Sam Campbell, George Cooper, M. J. Nelson, S. B. Wells, M. S. Bowling. 1900-S. B. Wells, Geo. Cooper, M. J. Nelson, M. S. Bowling, Wm. Hennigar. 1901-Geo. Cooper, Wm. Hennigar, M. J. Nelson, S. B. Wells, R. C. Gibson. 1902-M. J. Nelson, R. C. Gibson, S. B. Wells, Wm. Hennigar, H. M. Tracy. 1903-R. C. Gibson, M. J. Nelson, S. B. Wells, H. M. Tracy, Fred Glade. 1904-H. M. Tracy, R. C. Gibson, M. J. Nelson, S. B. Wells, Fred Glade. 1905-Fred Glade, R. G. Gibson, Geo. Cooper, John Scarborough, John Curran. 1906-Geo. Cooper, Fred Glade, John Curran, R. C. Gibson, John Scarborough. 1907-John Scarborough, Geo. Cooper, John Curran, Fred Glade, E. N. Roush. 1908 -- John Curran, Fred Glade, E. N. Roush, Wm. Gibson, A. J. Hysell. 1909 -E. N. Roush, John Curran, A. J. Hysell, Wm. Gibson, Matt Pinnell. Chris. Jacobs was elected in 1908 to succeed E. N. Roush, January 1, 1910.


JACKSON COUNTY AUDITORS.


This office was instituted in 1869. T. E. Blanchard, 1870-1874 ; A. J. House, 1874-1878; W. C. Gregory, 1878-1882; J. C. Guilfoil, 1882-1886; F. D. Kelsey, 1886-1890; Jas. McKillip, 1890-1893; I. E. Willard, 1893-1895; Fred Fischer, 1895-1899 ; E. J. Cain, 1899-1903; Henry Graff, 1903-1909; Fay Pain, 1909 -.


JACKSON COUNTY TREASURERS.


John Sublett, 1839-1842; Nathaniel Butterworth, 1842-1843; W. H. Graves, 1843-1844; S. S. Fenn, 1844-1845; Robert Reed, 1845-1846. From 1847 until 1864, the recorder performed the duties as treasurer as well. (See list of re- corders.) R. M. Smith, 1865-1866; James A. Bryan, 1867-1873; John Donnelly, 1874-1877; M. Mahoney, 1878-1886; Harvey Reid, 1886-1890; H. B. Hubbell, 1890-1894 ; A. S. Butterworth, 1894-1896; H. M. Tracy, 1896-1900; C. R. Bell, 1900-1904 ; Frank Gibson, 1904-1909; W. O. Webster, 1909 -.


JACKSON COUNTY RECORDERS.


John Howe, 1838-1841 ; John G. McDonald, 1842-1845 ; John Rice, 1845-1847 ; S. S. Fenn, 1847-1849; J. H. Smith, 1849-1853; John Pope, 1853-1857 ; R. B. Wyckoff, 1859-1861 ; F. Mullen, 1862-1863; W. B. Whitley, 1864; W. L. Red- mond, 1865-1866; B. Van Steenburg, 1867-1868; John Donnelly, 1869-1872 ; J. R. Griffin, 1872-1881 ; M. S. Dunn, 1881-1885 ; R. F. Hays, 1885-1889; M. J. Nelson, 1889-1893 ; Thomas J. Lambe, 1893-1897 ; Byron Crevlin, 1897-1901 ; S. D. Heide, 1901-1905; George Dunlap, 1905-19II.


SHERIFFS OF JACKSON COUNTY.


W. A. Warren, 1838-1845; Ansell Briggs, 1845 -; John G. Nichols, 1846 -; James Watkins, 1847-1853 ; John P. Foley, 1853-1855; James Watkins, 1855-1857; John P. Foley, 1859-1861 ; James Watkins, 1861-1865; W. S. Belden, 1866-1868; M. S. Allen, 1868-1874 ; John O. Bard, 1874-1878; T. H. Davis, 1878-1882 ; Emroy DeGroat. 1882-1885; W. L. Shrigley, 1885-1890; O. H. McCaffrey, 1890-1894 ; F. P. Mitchell, 1894-1898; W. C. Bell, 1898-1900; Henry Ryan, 1900-1904; Henry Kruse, 1904-1909; Cornelius Howard, 1909 -.


SURVEYORS OF JACKSON COUNTY.


John G. McDonald, 1839-1843; F. Scarborough, 1844 -; Andrew Woods, 1853 -; S. C. Wilson, 1856-1857; William C. Darling, 1859-1865; S. C. Wilson, 1866- 1867; 'A'. C. Simpson ; 1868 1898; Jas. McKillip, 1898-1900 ; A. H. Seaver, 1900- 1904 ; W. L. Shrigley, 1904-1905 ; A. H. Seaver, 1905-1909 ; Louis H. Lampe, 1909 -.


7.1


HISTORY OF JACKSON COUNTY


SUPERINTENDENTS OF JACKSON COUNTY SCHOOLS.


This office was established in 1859. W. L. Redmond, 1860-1861 ; Allen Pal- mer, 1862-1863; D. A. Fletcher, 1864-1867; T. C. Phelan, 1868-1869: J. W. Flemming, 1870-1871 ; A. J. House, 1871-1874; N. C. White, 1874-1878; W. H. Fort, 1878-1880; C. A. Miller, 1880-1884; Wm. M. Welch, 1884-1888; W. M. Ward, 1888-1892; L. B. Parshall, 1892-1896; A. F. Kearney, 1896-1900; C. C. Dudley, 1900-1906; Mary A. Dudley, 1906-1907; H. Lundine, 1906-1908; E. R. Stoddard, 1908-1909.


CORONERS OF JACKSON COUNTY.


James Kirkpatrick, 1839 -; Anson Newberry, 1840-1841; N. Said, 1842-1843; J. G. Graham, 1853-1854; T. J. Pearce, 1855-1856; 1857-1859; J. F. Fairbank, 1860-1861; T. J. Pearce, 1862-1863; Coleman Amos, 1864-1865; J. F. Fairbank, 1866-1867; J. W. Eckles, 1868-1873; A. S. Carnahan, 1874-1875 ; J. W. Eckles, 1876-1877; A. S. Carnahan, 1878-1882; D. N. Loose, 1882-1886; D. C. Hollister, 1886-1890; C. W. Miller, 1890-1894; A'. D. Hunter, 1894-1895 ; C. W. Miller, 1896-1898; O. M. Ide, 1898-1900; J. C. Dennison, 1900-1902 ; James O. Ristine, 1902-1906; John F. Ritter, 1907-1909; James O. Ristine, 1909 -.


CLERKS OF DISTRICT COURT, JACKSON COUNTY.


First clerk, John H. Rose; second, James K. Moss; third, J. G. McDonald ; P. B. Bradley, 1843-1844; Thomas Marshall, 1845-1849; Frederick Scarbough, 1849-1853; J. M. Brakey, 1854-1859; Frederick Scarbough, 1860-1864; E. J. Holmes, 1865-1874; J. S. Ray, 1875-1876; J. C. Guilfoil, 1877-1881 : D. C. Mish- ler, 1881-1885; B. W. Seward, 1885-1889; O. C. Kucheman, 1889-1893; A. Brandt, 1893-1897; W. M. Haney, 1897-1901 ; C. H. Haight, 1901-1905; M. J. Hoffman, 1905-1909; Henry Butterworth, 1909 -.


COUNTY ATTORNEYS OF JACKSON COUNTY.


Chas. W. Farr, 1887-1889; J. Hilsinger, 1889-1891 ; F. D. Kelsey, 1891-1895; Levi Keck, 1895-1897; R. W. Henry, 1897-1899; G. L. Johnson, 1899-1900; C. M. Thomas, 1900-1903 ; Willard H. Palmer, 1903-1909.


JUDGES OF DISTRICT COURT OF JACKSON COUNTY.


Charles Dunn, of Wisconsin Territory, held the first term of court here in June, 1838; Charles Mason, in September, 1838; T. S. Wilson, 1839-1846; James Grant, 1847-1852; T. S. Wilson, 1852; William E. Leffingwell, 1853; J. B. Booth, 1854; William H. Tuthill, 1855-1856; A. H. Bennett, 1857-1858; John F. Dil- lon, 1859-1863; J. S. Richman, 1864-1871; William F. Brannan, 1871-1875; Walter I. Hayes, 1875.


PROBATE JUDGES OF JACKSON COUNTY.


J. K. Moss, 1839-1840; Anson Harrington, 1840-1842; W. S. Brown, 1843- 1845 ; Joseph Palmer, 1845-1855; D. F. Spurr, 1851-1857; J. Kelso, 1857-1859; J. H. Smith, 1859-1861 ; P. B. Bradley, 1861-1863; A. L. Palmer, 1864-1867; J. S. Darling, 1868-1869. At this date the probate business was transferred by law to the Circuit Court. George B. Young, 1869-1872; Daniel W. Ellis, 1872. This was last of the probate judges, as the law was changed.


SOLDIERS' RELIEF COMMISSION.


Bellevue District .- M. Altfilish, from 1888 to November, 1903; W. O Evans, from November, 1903, to June, 1905; J. G. Young, from June, 1905, to April, 1909; J. M. Fonda, from September, 1909.


Sabula District .- N. C. White, 1888 to 1901; J. H. Swaney, 1892 to 1910. Maquoketa District .- George Cooper, 1888 to 1889; J. W. McMeans, 1890 to June, 1892; J. W. Ellis, June, 1892, to September, 1906; C. C. Young, 1896 to 1902; J. W. Ellis, 1902 to 1905 ; E. W. Pfeffer, 1905 to 1908; W. C. Morden, 1908 to 191I.


LIST OF JUDGES, AND DATES THAT THEY PRESIDED IN JACKSON COUNTY.


Federal .- Charles Dunn, June, 1837; Charles Mason, September, 1838; T. S. Wilson, 1838-1846.


District .- James Grant, 1847-1852; T. S. Wilson, 1852; W. E. Leffingwell,


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HISTORY OF JACKSON COUNTY


1853-1854; J. B. Booth, 1854-1855; William H. Tuthill, 1855-1856; A. H. Bennett, 1857-1858; John F. Dillon, 1859-1863.


District .- J. Scott Richman, 1864-1872; W. F. Brannan, May, 1872, to August, 1875; Walter I. Hayes, 1875-1887.


In 1886 Circuit Court was abolished and judicial districts of Iowa reor- ganized, Muscatine, Scott, Clinton, and Jackson constituting the seventh judi- cial district, with three judges. First election was in November, 1886. A. J. Leffingwell, John N. Rodgers and W. F. Brannan were elected. Leffingwell was judge from January, 1887, until his death in 1888. Rodgers held his office from January, 1887, until his death in the same year. C. M. Watterman was ap- pointed to fill vacancy in 1887, was elected twice, holding the office until he resigned in 1897. James W. Bollinger was appointed to fill vacancy in Decem- ber, 1897, and has continued in office ever since. Andrew Howatt was ap- pointed to fill vacancy of Leffingwell in 1888, was elected and held the office antil November 15, 1891, when he resigned. P. B. Wolfe was appointed to fill vacancy, served until September, 1904, when he resigned. A. P. Barker was appointed September 1, 1904, to fill vacancy, has been elected and remains in office.


In 1892, by act of the legislature of Iowa the number of judges of the seventh district was increased to four and in May, 1892, A. J. House was appointed judge by Governor Boies' and has held the office ever since. D. V. Jackson was elected. to succeed W. F. Brannan, November, 1902, and has served from January, 1903, to the present time.


CIRCUIT JUDGES, SECOND CIRCUIT OF SEVENTH JUDICIAL DISTRICT.


George B. Young, from January, 1869, to February, 1872; Daniel W. Ellis, from May, 1872, to January, 1881 ; C. W. Chase, from January, 1881, to Janu- ary, 1885; A. J. Leffingwell, January, 1885, to January, 1887, when the office was abolished.


Probate or County Judges .- J. K. Moss, 1839-1840 ; Anson Harrington, 1840- 1842; W. S. Brown, 1843-1845; Joseph Palmer, 1845-1855; D. F. Spurr, 1855- 1857; J. Kelso, 1857-1859; J. H. Smith, 1859-1861 ; P. B. Bradley, 1861-1863; A. L. Palmer, 1864-1867; J. S. Darling, 1868-1869.


COUNTY SEAT CONTESTS IN JACKSON COUNTY. HON. WILLIAM GRAHAM.


The county of Jackson was organized by the legislature of the Territory of Wisconsin when Iowa was a part of that domain. Belleview was made the county seat and it remained the county seat when Congress organized the Territory of Iowa. In the year 1840, the territorial legislature of Iowa at its extra session held at Burlington in July, appointed three commissioners to locate the county seat of Jackson county as a majority of them might agree, "having reference to the geographical center, water, timber, and the welfare and convenience of the present and the future population," and providing "That the site selected shall be the seat of justice from and after the first day of December next: Provided that until suitable buildings are erected at the place selected as the county seat, the District Court shall be held at the town of Belleview."


Just what proceedings were taken under this act the writer is not advised, nor does he know whether there is any record of the proceedings of the commis- sion, but on the 15th of January, 1841, the legislature at its regular session amended this act by appointing different commissioners, who were authorized to select a site and give it a name, and when they had made such selection a special election should be held to determine whether the site so selected, or the original county seat, should be the permanent seat of justice, at which election each voter should mention viva voce the place for which he wished to vote.


The law also provided that when the result should be ascertained, the board of county commissioners should borrow enough money to purchase from the


RELICS OF JACKSON COUNTY


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HISTORY OF JACKSON COUNTY


government the quarter section selected by the commissioners, and pay interest thereon at not exceeding forty per cent, and with the money enter the quarter section selected under the preemption act, and then after surveying the land and laying it out in lots, sell enough of them to build public buildings and refund the money borrowed to enter the land, but the District Court should be held at Belle- view until the public building should be erected.


As under this law a quarter section was selected near what was claimed to be "the geographical center," and named Andrew, and as the county seat was re- moved to that place, and courts were held there until 1851, it is presumed that the election was carried in favor of Andrew, and that the money was borrowed and the town surveyed. At any rate, Andrew was the county seat until 1851.


The third general assembly of the State of Iowa at its regular session passed an act approved February 5, 1851, providing that at the next April election the legal voters of Jackson county might vote for such points as they might think proper, and if any point received a majority over all the others, then such point should be and remain the permanent seat of justice of such county. But if no point received a majority then a special election should be held on the first Mon- day of May between the three points receiving the highest number of votes, and if no point 'received a majority of all the votes, then another election should be held on the first Monday in June, between the two points receiving the highest number of votes, and the winner should take the county seat. Whether there was more than one election held under this law, the writer is not advised, but he never heard of any special election under it. At any rate the county records were moved back to Belleview, which in the meantime had, by the authority of the legislature, changed the spelling of its name from Belleview to Bellevue, and no attempt to move it was made until 1857.


In 1856 the late Nathaniel Butterworth laid out a town plat on his farm something less than a mile from the center of the town of Andrew, and named it Centreville. The law had been changed as to provide that on the presenta- tion of a petition signed by a majority of voters of a county asking for the re- location of the county seat, the county judge must order that a vote be taken at the next April election between the place named in the petition and the existing county seat.


Mr. Butterworth presented such a petition, and Judge Spur ordered the elec- tion to be held in April following. People living in the town of Andrew were not enthusiastic for the establishment of a county seat so near their town and yet outside of it, and joined with Bellevue to defeat the application, and Cen- treville lost by a majority of about one hundred and eighty, so Centreville passed into history. No person ever lived in the town; nor was there ever a building of any kind on the town site; nor was any lot ever sold and the town plat was vacated not long afterward.


Squire William Morden had laid out the town of Fulton in the early fifties, and a petition was presented to the County Court in 1857, asking for a vote at the next April election, for the county seat between Fulton and Bellevue, and the vote was ordered accordingly ; but although the contest was sharp and vigorous, Bellevue won by a majority of twenty. A contest was begun by the Fulton peo- ple alleging that a sufficient number of illegal votes had been cast in the town of Bellevue to change the result. The action was by proceeding in quo warranto, and the friends of Bellevue retorted that more illegal votes had been cast in Farmer's Creek and adjoining townships than would balance the illegal votes cast in the eastern part of the county.


As the case was never tried, the truth cannot now be ascertained. Both par- ties continued to be of their own opinion. For my part, I never doubted that there was a great deal of truth in the allegations on both sides. I recall going over to the polling place in Bellevue, the old courthouse, on election day. Captain E. G. Potter was one of the trustees, and was at that moment receiving the bal- lots offered. John A. Weston owned a large timber lot in Illinois, on the islands


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HISTORY OF JACKSON COUNTY


opposite Bellevue, and as I arrived he brought up his wood choppers, about thirty in number, to vote. I remember one of them, a German about fifty years old who could speak no word of English. As he handed his ballot to Captain Pot- ter, the captain asked him, "What is your name?" The voter said, "Pellfew." "No," said the captain, "I don't want to know what you are voting for. I want to know your name." The German, thinking him hard of hearing, raised his voice and answered "Pellfew." The captain tried him again-"where do you live?" The answer came louder still "Pellfew." The captain appealed to the crowd, "Does anybody know this man's name?" The German, thinking the cap- tain deaf, shouted in tones of thunder "Pellfew." The captain gave it up, and putting the ballot into the box said to the clerks "John Smith" and it was so re- corded. The votes in the rival towns were greater than they ever polled before, or for some years after. I was one of the attorneys for the defendants in the quo warranto proceedings and we were always ready for trial, and why it was not tried was never explained to me.


The same year, 1858, a petition was presented to the County Court asking for a vote at the next April election between Bellevue and Andrew. The legislature of 1858 had changed the time of electing all officers to the general election in the fall, leaving no officer to be elected in April. In fact, the last election was held in 1858. No April election was held in 1859 or 1860. Judge Kelso, then county judge, held that the April election had been abolished, and refused the applica- tion. No appeal was taken and matters remained in statu quo until 1860.


When the political conventions in 1859 were held, Judge Kelso was beaten in the democratic convention by Charles Rich of Maquoketa, and the republicans nominated Joseph H. Smith, of Andrew, and the old settler, Smith, beat the new comer, Rich, at the polls, though both were pledged to order a county seat elec- tion whenever a petition should be presented. In the spring of 1860 such a peti- tion was presented by such a majority of voters that no attempt was made to file a remonstrance other than enough to give standing in court for the attorneys who appeared to oppose the application. I think the remonstrance was signed by only a half a dozen voters. J. Y. Blackwell elected himself the commanding officer of the Andrew forces, and was ably seconded by Judge Bradley, C. M. Dunbar and A. L. Palmer. As for myself, I was satisfied that this petition was sufficient in form, and was signed by the requisite number of voters, and whether it was or not Judge Smith would order the election, and further that when the election should be held, Andrew would win out by a large majority. I therefore declined to take any part in the legal fight. Judge Booth and Judge Kelso repre- sented Bellevue in the County Court. My part in the contest was editing the Bellevue paper in conjunction with the late W. L. Redmond through the campaign.


While the application was pending in court, Jerry Jenkins, then senator from Jackson, in the state senate, called at our office in Bellevue one morning, and after some conversation we went over to the courthouse together and on enter- ing the courtroom it was evident that the fight was waxing hot. Judge Smith was just saying "I see the pint, Judge Booth, go on, I see the pint." Thus en- couraged, Judge Booth went on with great warmth and earnest gesticulation. It was one of the peculiarities of this gentleman that when speaking rapidly, he would sometimes substitute for the word he wished to use, and was certain he did use another of similar sound and so in trying to impress on the mind of the court that the proposed action would be a nullity, he wound up his argument with the astounding assertion, "Besides sir, if your Honor, sir, a perfect nudity, sir. a perfect nudity.'


As the judge resumed his seat, the commander-in-chief of the Andrew forces rose with great dignity and with the assurance of complete victory written all over his countenance, and putting both thumbs in the armholes of his vest, and majestically clearing his throat began: "Your Honor, I don't see anything in


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HISTORY OF JACKSON COUNTY


this case for my friend Judge Booth to take odium at." Then replacing his thumbs in his armholes and clearing his throat with greater majesty than before went on: "If the Court please, we have made out a perfect case of prima facieousness anyhow." With that Senator Jenkins grasped me by the shoulder saying, "Let's get out where we can laugh." And a few minutes after we got into the hall the bailiff came out to inform us that our laughter was disturbing the deliberations of the court.




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