USA > Iowa > Jefferson County > History of Jefferson County, Iowa, a record of settlement, organization, progress and achievement, Volume I > Part 21
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Isaac Johnson, and lot No. 4 for $125.00 by David Peebler. These both front on the south side of the public square. The First National Bank is on the north- east corner of Johnson's lot. In block No. 24, lot No. 5 was obtained for $24.00 by Benjamin F. Hutton. From another source it appears that lots No. 5 and No. 6 in block No. 8 were obtained respectively for $190.75 and for $191.75 by Hawkins Taylor, and lots No. 7 and No. 8 respectively for $203.00 and for $205.00 by John Ratliff. These were the top prices of the sale.
Apparently there was in vogue some manner of reserving lots, for on June 8th, the county commissioners prescribed that this should apply thereafter only to the even numbered lots and authorized persons "wishing to build in the Town of Fairfield," to build on the unreserved lots, which were offered them "at an average price with those sold at public sale of a similar situation." Appreciating that it takes houses and inhabitants to create a real town, their purpose in this was to encourage prospective settlers and to protect them against increased values when they came to purchase. Anyone making a selection of a lot was granted twenty days in which to commence improving it. On July Ist, this provision was limited by requiring that there be reasonable progress with building in such cases, or that both lot and labor should be forfeited. On July 21st, lots No. I, No. 3, No. 5 and No. 8 in block No. 4 were specifically designated as "subject to settling."
Under this order, Andrew Kenady, on June 29th, "preemptioned lot No. 6 in block No. 8." "Thomas H. Gray," so the entry reads, "came on the same day and done as above." There is no clue to his choice. Thomas Dickey, on July 5th, "preemptioned lot No. I in block No. 7." This was the location of Dickey's first hotel and later of an opera house which was destroyed by fire. L. W. Saunders, on August 19th, "preemptioned lot No. '4 in block No. 19." This lies at the southeast corner of the public square. Its value was fixed at $150.00 by the county commissioners. John Ross, on September 3d, "preemptioned lot No. 7 in block No. 12," and Samuel Parsons "lot No. 3 in block No. 18." Thomas H. Gray, on September 5th, "preemptioned lot No. 3 in block No. 12." The last three lots all front on the public square. Parsons' lot soon passed to Richard Irwin, to whom on January 16, 1840, it was priced at $140.50. Lot No. 8 in block No. 24, also at this time, was priced at $25.00 to Dr. J. S. Waugh. Medley T. Shelton, on July 7th, was allowed to change lots on the payment of $2.50 as the difference.
The second public sale of lots took place on September 10th, but was not so successful, either in the number sold or in the total of receipts, as the first one. A few of the purchases will serve for comparative purposes. Lot No. 3 in block No. 20 was bid in for $38.25 by John R. Kirk. Lot No. I in block No. 21 was bid in for $13.75 by Joseph Hickenbottom. Lot No. 5 in block No. 25 was bid in for $26.00 by David Sens. Lot No. I in block No. 16 and lot No. 5 in block No. 20 were bid in respectively for $52.00 and for $25.00 by William Steel. Lot No. 3 in block No. 19 was bid in for $79.00 by William Williams. On this lot was built the Clay Hotel, the forerunner of the Leggett House.
The building order was revoked on September 12th, which may be fairly interpreted to mean that its necessity or desirability had passed with a general disposal of the lots. Vol. 1 -13
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Notes taken at the May sale falling due in November, Samuel Shuffleton as clerk was authorized to receive the money and to use the signature of the board of county commissioners when and where necessary. Some of the makers prov- ing dilatory, their paper was placed in the hands of H. B. Notson for collec- tion. His fee was 3 per cent of the amount recovered.
The financial report of January 7, 1840, shows $4,985.75 as the sum paid in .and to be paid in for lots sold. Of this $1,409.08 had been received in cash. Of the remainder, $399.76 were represented by notes due November 15, 1839, $453.40 by notes due March 10, 1840, $1,910.51 by notes due May 15, 1840, and $919.00 by notes due September 10, 1840. Of the cash, $1,102.99 had been expended in locating the county seat, in building the courthouse, and in meeting various expenses.
On January 16th, "sundry citizens" were granted lot No. 7 in block No. 18 on condition that "the petitioners give a note to the board for $20.00 payable the Ioth of September next." The intention back of the request for this grant is probably disclosed in an entry under date of March 7th, which runs, "The trustees of Fairfield School District returned the lot formerly granted by the board for a school lot; whereupon it was ordered that said trustees may build a schoolhouse outside of the town plat." Not so much consideration was shown another effort for the general good. This was the "petition of J. S. Waugh and two other persons," presented on March 31st, praying for the grant of a town lot "for the erection of a house of publick worship." A remonstrance also was filed. The dilemma was avoided by laying both petition and remonstrance on the table.
In the Burlington Hawkeye of March 12th is a description of Fairfield by an unknown correspondent. "The first house erected in Fairfield, excepting a small log hut, was built in July last, about eight months ago. Now there are about twenty substantial buildings, including a fine courthouse, three stores, two groceries and two taverns; and it is also thought at least forty more will be erected the coming season. The number of inhabitants exceed one hundred, including ten or twelve house carpenters, three cabinet-makers, and various other mechanics, and two physicians and two attorneys at law." The physi- cians were J. T. Moberly and J. S. Waugh; the attorneys were Samuel Shuffle- ton and Cyrus Olney. One hotel was run by Thomas Dickey, recently com- missioned postmaster, and one by Doctor Waugh. The latter was planned and advertised as a sanitarium and was styled "Restoration House." It stood north of the courthouse on the west side of the Public Square.
On Monday, the 13th of April, a third sale of lots took place. The terms now provided for one-fourth of the purchase price in cash, one-fourth in six months and the balance in twelve months. Of this it may be stated positively only that lot No. 7 in block No. 3 was bought by Dr. John T. Moberly.
On July 7th a petition was laid before the county commissioners asking for the appointment of an agent for the sale of lots. They took no action at the time, but on January 5, 1841, "ordered that any person wishing to purchase any public lot or lots in the Town of Fairfield may select such lot and lots and pay over to the treasurer one-fourth part of the purchase money and deposit bonds payable in six, nine and twelve months for the residue with approved security, the average price of the lots to be ascertained by the clerk of this board; provided
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that the purchaser shall within six months from the time of purchase put good and useful improvements thereon of the value of $50.00, and on the bond being filed as aforesaid the clerk of the board shall issue bonds for a deed of said lots conditioned that if the purchaser shall fail to comply with the provisions aforesaid then said bond shall be void; provided, however, that lots lying on the Public Square shall not come under this regulation."
As there was no jail, offenders against the law whom it was necessary to hold had to be placed in the custody of a special guard, or at both inconvenience and expense removed for safekeeping either to Mount Pleasant or to the Agency. The county commissioners decided to cure this condition and on February 13th, at public outcry, let to the lowest bidders the various contracts for the erection of this safeguard to society. It was placed on lot No. 4 in block 'No. 23, now part of the grounds about the home of Judge C. D. Leggett. According to the "description," or specifications, to employ the modern term, it was to be built of logs 24 by 18 feet; to be 18 feet high, the first story to have double walls, with a space of seven inches between them; the two floors to be of square timber one foot thick; on these flooring plank, to be spiked in such manner as to prevent being bored through; and the upper story to be ceiled. William P. Hitchcock furnished the timber. Charles Hitchcock put in the foundation. Willis C. Stone raised the structure. Crocker and Van did the iron work. The entrance was in and through the upper story. A trapdoor in the floor provided a way to the place of confinement. A ladder, which the jailer withdrew when he shut in a prisoner, furnished the means of descent and ascent. The jail was not com- pleted till fall.
The town's growth turned attention to the land without the plat. On March 29th, John A. Pitzer, Joseph Cole, Gilbert M. Fox, Samuel Shuffleton, Thomas H. Gray and William Alston were each authorized to purchase the land lying between their respective premises and the line of the quarter section. The price was set at the rate of $50.00 per acre. On May 8th, William H. Houghland was authorized to "purchase four lots on the unsurveyed part of the town quarter north of the lot owned by Willis C. Stone," which was No. 1 in block No. 4. The price was $120.00, one-fourth down, one-fourth in six months, the balance in twelve months. On July 5th it was "ordered that a public street be left on each side of the town quarter."
Nothing more was done in this direction for just a year to a day.' Then, on July 5, 1842, William A. Hendricks was allowed to purchase for $45.00 two lots "north of Madison Street at the extremity of the town quarter east," and Thomas Bartholomew to purchase for $50.00 two lots north of Madison Street next the plat on the west. It was also determined "that the unsurveyed portion of the Town of Fairfield be surveyed as soon as practicable." This intent was shortly carried out. The survey was completed on August 19th by David Switzer, the county surveyor. Charles Negus assisted for six days as "axman and chain- man." On October 3d the plat was acknowledged before Samuel Shuffleton, notary public, by the county commissioners, Ezekiel Johnson Gilham, Barracka S. Dunn and Thomas Mitchell.
The "New Plat," as this survey is known, is a border about the original plat and is of different widths on the several sides. On the north it makes but half blocks; on the east and west it makes blocks of ten lots each; and on the south
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it makes two rows of blocks, one of regular size and one with fractional lots on the outer side. These irregularities, which are puzzling only because without visible excuse, arose naturally from the conditions. They were not the result of conscious planning. As the ground there lay to better advantage, what was supposed would be the line of the quarter section was used by Snyder as the northern boundary of his plat. A discrepancy was manifest when the Govern- ment surveyors in 1841 established the true line. A prior claim to part of the land thus included appears to be acknowledged in the issuance of an order on November IIth "that Samuel Shuffleton is entitled to a deed in fee simple for that certain piece or parcel of land lying north of the original line of the quarter section as established by the survey of Mr. Snyder and east of Washington Street."
The county commissioners now found it necessary to exercise their right of preemption. Being without funds, they were driven to the expedient of bor- rowing $200. This sum was secured from E. S. Gage at an interest rate of 20 per cent per annum. This rate was neither unusual nor exhorbitant. The faith of the county was pledged to the repayment of the loan. By means of this, on May 13, 1842, the entry was made. The meeting of the debt was more difficult than its creation. On January 3, 1843, the treasurer of Jefferson County was specially instructed to "pay over to E. S. Gage the first money that comes into the treasury not otherwise appropriated," to redeem the county's note. On May 17th James T. Hardin, clerk, was given authority to borrow $250 at 20 per cent interest to satisfy this obligation and to mortgage the real estate belonging to the county for security. As he failed in the effort, the order was renewed on August 21st, with no better success. The most that could be done was to apply on this indebtedness what money was received from time to time from the sale of lots. The claim was not settled in full until January 9, 1845, when the final payment of $37.40 was made. The incident illustrates the financial depression of the period.
On August 6, 1842, it was "ordered that one lot north of the street running east from Ratcliff's corner on the outside of the town be sold for $5 to build a schoolhouse on." This expression bears witness to thoughtfulness for the future rather than to immediate purposeful action. The location became definite when, on August 21, 1843, lot No. 5 in block No. 30, in the New Plat, was donated to the trustees of the Town of Fairfield and their successors in office "especially for school purposes." Here a schoolhouse was finally built.
To follow further the sales, forfeitures, resales and exchanges of lots would be a difficult and unprofitable task. With change of names and dates it would be largely a repetition of the story already told. Some litigation arose over vio- lated contracts, due in a measure to disappointed hopes and resultant failures. This did not greatly affect the development of the town, which steadily grew and thrived. In a few years, a few lots excepted, the land passed from the ownership of the county to the ownership of individuals.
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CHAPTER XXVII
THE FIRST COURT
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The court records were begun in February, 1839, by John A. Pitzer, clerk, probably at the house of Sylvenus Herrington.
The first entry was an order "by the judge that the eagle side of a ten-cent piece of money of the American coin be the seal temporarily for the District Court of Jefferson County, Iowa Territory." The judge was Charles Mason, although his name is omitted.
The second entry notes the appointment on February 26th of Samuel Moore as undersheriff by Frederick F. Lyon, sheriff. This was a legal requirement to establish the authority of a deputy.
Thursday, March 28th, was the statutory date for opening the first term of court. Summonses were issued. Officers, litigants, witnesses and jurors were in attendance. They remained until the close of the second day when, no judge appearing, the clerk adjourned the session. So it happened that the first court was not held until the second regular term in course, when it was convened in the new building erected for the purpose at Fairfield. Judge Joseph Williams of the second judicial district presided, for some reason taking the place of Judge Mason. He had journeyed on horseback and alone from Bloomington, now Muscatine, and arrived a day late. On account of his delay the opening of the court fell on Friday. August 2d, instead of Thursday, August Ist, as it properly should.
On the sheriff's returning the venire for a petit jury, "the following good men and true answered to their names:" Wiley Jones, Abraham Landers, Isaac Blakely, Isaac Whittaker, Edward Busic, Isaac McCalla, John Vinson, George C. Parker, Charles Holloway, George W. Troy, John Eastep, David Eller, John Royer, John W. Johnston, Michael Pebler, Benjamin Mount, Greenup Smith and Alfred Akes.
Two grand juries were called in a Territorial Court. One was summoned by a marshal of the United States and one by the sheriff. The former con- cerned itself with violations of Federal statutes, the latter with violations of territorial statutes.
The marshal a person nameless, returned a venire for a grand jury "served on the following good, lawful and true men of his bailiwick :" Henry Shepherd, Johnson Gillim, William Vinson, Wililam Precise, John Ankrum, William Hueston, David Pebler, John Millen, Jonathan Turner, James Colman, James Lanman, Henry McCauly, Frederick Fisher, James Gilmer and Archer Green. . Being duly qualified, they retired; but after some time, returning and reporting there was no business before them, they were discharged.
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The sheriff then returned a venire for a grand jury. This included twenty- three persons, any sixteen of whom were sufficient to constitute a lawful body. They were selected by the county commissioners, which insures that they were representative men in their respective communities and were taking an active interest in public affairs. They were Henry Shepherd, John Gillem, William Vinson, William Precise, John Ankrum, Joseph Hickenbottom, William Hueston, David Cowan, Josiah Lee, John Parson, David Pebler, John Millen, Jonathan Turner, James Colman, James Lanman, Henry McCauly, Frederick Fisher, James Gilmer, Archer Green, Aiden Norodike, Rodham Bonnifield, Jonathan Dyre and Enos Elmaker. The last four were not present. The others were duly sworn and retired to consider of bills and presentments.
Wilis Stone and Oliver Mitchell were appointed constables, Alexander Kirk crier, and Cyrus Olney prosecuting attorney. These appointments held only for the session.
On the motion of Cyrus Olney and the presentation of a duly authenticated license of admission to practice as an attorney at law in the State of New York, Samuel Shuffleton was formally admitted to practice law at the Iowa bar. Besides these two there were present as attorneys H. H. Buckland, I. Van Alen and J. B. Teas.
There were seven cases on the docket, namely: Hosea Hall versus Isaac Bush, Solomon Biever versus Hosea Hall, John Galiher versus Jonathan D. Brown, John L. Sinnard versus George Beard, William H. Turner versus George Beard, David Overton, appellee, versus Amos Lemon, appellant, and William Montgomery, appellee, versus John Haley, appellant.
Only the case of Hall versus Bush was at this time submitted to a jury. Van Alen appeared for the plaintiff, Buckland and Olney for the defendant. The jurors impanelled were George C. Parker, Charles Holloway, George W. Troy, Isaac McClary, David Eller, Edward Busic, John Vincent, Abraham Linder, John Royer, John Eastep,, Isaac Blakely and Alfred Akes. The issue set out was that Isaac Bush on the first day of September, in the year of our Lord, 1838, with force and arms made an assault in the limits of the County of Jefferson and then and there shot off and discharged a certain gun loaded with gunpowder and slugs at and against a certain gray horse of the plaintiff of great value, to wit, $200, and so greatly shot, hurt and wounded the horse that it died; that on the same date and on subsequent dates he committed assaults of like character on other horses of the plaintiff, all of great value; and that he had "fastened with logchains" and "cut off the mane" and "hobbled with bark" a certain bay mare, to her great injury. Damages were asked in the sum of $700. The prosaic jury made due allowance for the picturesque descriptions. It found the defendant "guilty as charged," but only gave the plaintiff $5 for his damage. The costs, amounting to $65.66, were a more serious matter.
The grand jury returned five "inditements." George W. Troy, John Payton, William Melton and Sylvenus Herrington were severally indicted for gambling. This was a besetting sin of the times and the territory. They were charged with playing a "certain game of chance commonly called chequer luck." It was a combination of "dise" and checkers. Bail was fixed at $100 for each of them. John Vories was indicted for perjury. Of him $300 was demanded as bail.
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This ended the work of the court, which had lasted but two days. Some ref- erence to the final disposition of the cases which came before it will be in keeping.
Solomon Biever was a millwright. He had helped Hall to build a grist mill on Big Cedar Creek, in section 36 of township No. 71 north, range 9 west. Not having been paid for labor done he brought suit to recover. He finally secured a judgment.
The cases of John L. Sinnard versus George Beard and of William H. Turner versus George Beard were both for "broken covenant." The breach was failure to deliver at New Lexington, a town in Van Buren County, "200 gallons of good rectified whisky" to Turner, and "210 gallons of good rectified whisky, 35 gallons of brandy and 20 gallons of sweet wine" to Sinnard. Beard died before trial. The issues, however, came up at the April term, 1840, before Judge Mason. A jury passed upon Sinnard's claim and awarded him $283.75 for his loss. At the court's order Turner's claim was assessed at $175 by the clerk. From these awards it would appear that liquor was then a peculiarly valuable and profitable article of merchandise.
The action of John Galiher versus Jonathan D. Brown was brought to recover on a promissory note. The final result was a judgment for payment.
The suits of Overton versus Lemon and of Montgomery versus Haley were on appeals of the defendants from courts of justices of the peace. In the former an order was issued on the trial justice requiring him to perfect his record. Nothing further appears in regard to it. In the latter Haley defaulted and the decision of the justice was affirmed.
The "inditements" accomplished little more than to occasion some annoyance and some expense. George W. Troy stood trial and was found "not guilty." John Payton preferred to enter a plea of guilty and was fined $10 and costs. William Melton's case was continued and when tried was lost. In Sylvenus Herrington's case a nolle prosequi was entered. The charge of perjury against John Vories was based on testimony he had given in the court of Justice Turner concerning the leasing of a sugar camp to William Tilford and John R. Parsons. The indictment was quashed.
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CHAPTER XXVIII
ROADS
If official activity is a safe guide, there was a universal demand for roads in pioneer days. Both legislatures and county commissioners took action. There was a reason. It was the necessity of getting to trading places for sup- plies, to mills for meal, flour and lumber, and to the county seat for various purposes connected with the administration of law. While it is true, geomet- rically, that a straight line is the shortest distance between two points, in this new and undeveloped country the shortest practicable line was quite likely to be a long way round. There were rough ground, dense thickets and danger- ous bogs to be avoided, and safe and easy fords to be found across the streams. The chief need of travelers was to be able to find readily the best available course. To this end roads were located across wide stretches of unoccupied lands at the time in no wise affecting the interests of private ownership.
The several legislatures established roads to connect places of importance and to serve common interests. The tide of immigration steadily sweeping in required them. They were termed territorial roads. A number of them crossed Jefferson County, or began or terminated within its bounds. These were seventy feet wide. The county commissioners established the local roads essential for advantageous intercourse. These were sixty feet wide. The expense of laying out the territorial roads within the county and the county roads was borne wholly by the county; the expense of opening them was borne by the respective road districts which they traversed.
These roads were surveyed and marked under the direction of three men designated indifferently as commissioners or viewers, and were simply routes of travel defined in timber by blazed trees and in prairie by stakes. These stakes on territorial roads were "set at 300 yards' distance," a requirement due to rank vegetation. Mile posts were erected and numbered in regular progres- sion from the place of beginning. At angles also were placed posts marked to indicate "the bearing from the true meridian of the course." Once laid out little labor was bestowed upon a road. An obstructing bush would be cut away, a few poles thrown across a mire to provide a substantial footing, and at the crossings of streams the banks cut down to make them less steep and difficult.
The first Legislature authorized in 1839 four roads related to Jefferson County. One of them commenced at West Point, in Lee County, ran thence to Salem, in Henry County, and thence to the county seat of Jefferson County. Alfred Wright was resident commissioner. As the enactment was not complied with, the second Legislature authorized in 1840 a road to run from Fort Madi- son to West Point, in Lee County, thence to Salem, in Henry County, and
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