USA > Iowa > Lucas County > History of Lucas County, Iowa containing a history of the county, its cities, towns, etc > Part 47
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DISTRICT COURT.
Before the organization of Lucas county, other than fixing its boun- daries, it was attached to Monroe county for "judicial purposes," which was included in the Fifth judicial district; and after the formal organiza- tion it, too, was included in the same district.
Section 15 of the organizing act of the second general assembly of the State, approved January 15, 1849, provided: "that the district court of said county shall be held at 'Chariton Point' in said county; or at such other place as may be designated by the board of county commissioners of said county, until the seat of justice of said county may be located." The first term of this court, however, was held at ' Chariton' in the old log court house of ancient days, " the seat of justice of said county" hav- ing already been located as it now exists. The court convened in pursu- ance of the time previously fixed by the presiding judge of the district, on Thursday, May 22, 1851, with the Hon. William McKay presiding. The first proceedings in this court were the following:
JAMES ROLAND, for the use of Wm. Davis, V8.
Appeal.
THOMAS WILSON,
Now, at this time, comes the parties, by the attorneys, and the defendant moves the court to dismiss this cause, and after arguments of counsel, this cause is dismissed, and the plaintiff has leave to withdraw the note herein filed. It is therefore considered that defendant recover of the plaintiff the costs herein ex- pended.
ANNA ARNOLD,
VS. Bill for Divorce.
SCOTT ARNOLD,
Now, at this time, comes the complainant, by her solicitor, and asks leave to amend the bill herein, which is granted by the court; and it is further ordered that the plaintiff give notice of the pendency of this suit by publication accord- ing to law, and this cause is continued.
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Ordered, That the regular term of the district be held in the county of Lucas, in the State of Iowa, on the first Thursday after the third Monday in May, in each year.
Ordered, That court adjourn until next term.
WILLIAM MCKAY, Judge.
The foregoing includes all the proceedings had at the first term of this court in Lucas county.
At the second term of the district court, which convened at the log court house in Chariton on Thursday, May 20, 1852, with the Hon. William Mckay, Judge of the Fifth Judicial District, presiding, the following pro- ceedings were had:
THOMAS WILSON, - Appeal. .
THOMAS PECK, vs.
Now comes the parties and submit this cause to the court, who being suffi ciently advised in the premises, finds for the defendant. It is therefore consid- ered by the court that the defendant recovers of the plaintiff his costs and charges herein expended, taxed at $25.05, and that execution issue therefor.
FIRST GRAND JURY.
At this stage of the proceedings, the sheriff made return of the grand jury venire previously issued, which summoned the first grand jury in the county. They were " all good and true men of the county, being duly selected, as follows: Milton Douglass, Waitman Tuppitt, Jacob Phillips, James A. Mercer, Granville Westfall, Douglas Allen, Milton Lowder, James Barnett, Hugh Larimer, George Weaver, Lloyd Jenkins, H. P. Zellers, Hiram K. Mckinney, Samuel P. Martin, Edwin Culbertson. They were duly charged by the court, after which Douglas' Allen was appointed foreman, and H. D. Ives was appointed prosecuting attorney for this term. Thereupon the grand jury were sworn and retired to con- sider of, and upon indictments and presentments, in charge of Thomas Peck, a sworn bailiff."
FIRST TRIAL JURY.
The first petit, or trial jury ever drawn in the county, was summoned for the second term of the district court, and was as follows: J. A. Allen, Eben Badger, Aaron Scott, George Cain, Wilson Allison, C. Rankin, James Jenkins, Moses F. Henry, Jesse Walker, James Mitchell, John Thacker, James G. Robinson. However, the court record does not show that their services were called into requisition during the term, as the business appears to have been disposed of by the court alone.
The next case disposed of at this term of court, was an appeal from a
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justice of the peace-Richard Byrd against Samuel Larimer-involving a claim of $15.85, for which judgment was entered. And also another like appeal involving $15.75-Thomas Wilson against Richard Byrd- which received the same fate as the preceding one.
During the two terms of the court-May, 1851, and May, 1852-there appears to have been very little business, other than small appeal cases and divorce suits. Samuel Payne appears, by the record, to have become weary, for some cause, of Julia Ann Payne, his spouse, who accampanied him to this new land of promise at an early day, and he applied to the court, at this term, to sever the marital bond and make them twain. And thus the fiat of the tribunal was entered, the bond was severed, "and the said Julia Ann Payne is restored to her maiden name of Julia Ann Kel- ler." "It is further ordered and decreed that the said Samuel Payne, in' six months from date pay to William H. Brumfield the sum of $12.50, as a fee in the defense of said defendant. " This fee hardly compares with those received now-days for similar services in the disruption of the mar- riage relation. Here appears a smack of collusion: "The court makes no decree or disposition of the property of the parties; but leaves that matter to be settled between themselves."
The following is the first return of the first grand jury of Lucas county :
Now, at this time, comes the grand jury into court, and returns an indictment. They also report no further business before them. They are therefore discharged. Court stands adjourned until next term.
WILLIAM MCKAY, Judge.
This was the last term of court held in this county by Judge Mckay; and the foregoing includes all the business transacted during the two first terms thus held by him.
He was succeeded at the following April election by William S. Town- send, of Albia, Monroe county.
The third term of the district court convened at the court-house in Chariton on Monday, June 20, 1853, with Hon. William S. Townsend presiding. As before noted, he had been elected at the prior April elec- tion to succeed Judge Mckay, and the legislature which convened in December following this election, made a change in the judicial districts. The district of which Lucas county forms a part, was changed from the fifth to the ninth.
At the opening of this term of court, the second grand jury of the county was empanneled and charged. The first proceeding of this term was the following:
Ordered, That William McDermit be cited to appear before this court at the
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next session, to show cause why he should not be fined for contempt of this court.
McDermit being the first settler in the county, and for several years unaccustomed to the rules and restraints of courts, probably considered his right and privilege superior to those of the court; and quite likely he maintained his view of the matter, as it no where appears of record that he ever purged himself, or was fined for any contempt, imaginary or real.
The next proceeding at this term was the indictment of Jonas Wescott, the first county judge, which was the only one presented by the first grand jury at the prior term. There are no papers or records to be found showing the charge under which this indictment was found. But tradi- tion says that it was based upon some supposed error in the line of his offi- cial duty which appears to have been misconstrued by the grand jury into malfeasance. It was disposed of as follows:
STATE OF IOWA, - Indictment.
VS.
JONAS WESCOTT.
Now, at this time, comes the defendant by his counsel, and files a demurrer to plaintiff's indictment, and after argument of counsel on the part of the state, and also on the part of the defendant, the court took the demurrer under advisement until to-morrow morning, and also a motion to dismiss. The motion to dismiss was overruled, the demurrer was sustained, and the indictment quashed.
The grand jury at this term presented an indictment against Samuel Powers, Henry Powers, and W. Mitchell for betting; and against Nancy Byrd for selling spirituous liquors.
Anna Arnold's divorce case was the closing drama of this term of court. Her dream of single-blessedness in the advanced years of her life, had been a somewhat long one, extending from the May term of 1851, to the present term, June, 1853. We very much doubt whether the period of time and the efforts employed by Anna, to gather Scott to her marital embraces, were as protracted as were her efforts to cast him from her. But here is the closing scene.
ANNA ARNOLD,
VS. Divorce.
SCOTT ARNOLD.
Comes now the parties by their attorneys, and the evidence being heard, and the court fully advised of, and concerning the premises; it is ordered, adjudged and decreed, that the bonds of matrimony heretofore existing between the said complainant and said defendant, be, and the same are hereby dissolved, and held for naught as fully and effectually, as though the same had never been entered into. It is further ordered, adjudged and decreed, that each of the parties pay
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half of the costs of this proceeding, as per agreement on file; and that execution issue therefore.
THE DISTRICT JUDGES.
The following are the judges of the district court from its organization in Lucas county until the present time, and something of their official lives.
Judge William Mckay was a resident of " Fort Des Moines," Polk county, where he practiced law up to the time of his election to the bench.
He was a man of medium stature, of agreeable address, a good lawyer and a popular judge. His district was the fifth, to which Polk and Lucas, at that early day, belonged. .
John S. Townsend, a native of Kentucky, came to Albia, Monroe county, in 1848, when quite a young man, and where he began the practice of law. In April, 1853, when only thirty years of age, he was elected judge of the district, of which Lucas county then, for the first time, formed an independent part, over Robert W. Steel. He was called the " boy judge." He was the first district judge for whom Lucas ever cast her vote as an organized county-Judge Mckay having been elected prior to this event. He was re-elected in April, 1858, without opposition; and again in October following, over H. B. Hendershott, a prominent lawyer of Ottumwa. This latter election was caused by a provision in the constitution of 1857, which changed the time of such election from April to October. He remained upon the bench nearly ten years, and closed his last term in this county, October !30, 1862, when he retired to the practice in Albia, where he still resides at the moderate age of sixty. He was popular as a judge and enjoyed the cordial regard of the people because of his integrity and genial accomplishments.
Henry H. Trimble, of Bloomfield, Davis county, succeeded Judge Townsend by election, as a democrat, in October, 1862, over Henry Tannehill, of Appanoose county, which position he held one term-four years. He held his first term in Lucas county on Monday, April 27, 1863. Judge Trimble bears a distinguished reputation in the state as a special and successful practitioner. As a judge he was ready; though, . perhaps, not so profound in his conclusions as some who have followed him. He was genial and told a good story, and since his retirement he has maintained a lucrative practice in various courts of the state
Judge Trimble enjoyed a ludicrous affair, as well as he liked to hear or tell a good story, as the following narration will explain: In August, 1867, a half insane fellow, named William A. Baker, who had lived in the county some time, desired to improve his personal appearance; and as he was of the vagabond order, his only means of accomplishing this laudable ambition was, to help himself unobserved. So, one night he
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broke into the store of Jesse Clark, in the town of Lagrange, in the east part of the county, and helped himself to an overcoat, a vest, a pair of drawers, a pair of pants and a pair of boots, with which he then and there clad himself, leaving his cast off apparel and old boots in the store, in exchange. On Mr. Clark's appearance at the store the next morning, he discovered the exchange which had been made, and recog- nized Baker's old cast-offs. This was a little larger draw upon his gener- osity than he cared to stand, and he had the fellow arrested upon the charge of larceny, upon which the grand jury found an indictment at the following October term of the district court. From the time of his arrest in August, Baker found lodgings in the county jail, a small log structure on lot six, block ten, the west side of the public square, until the April term of court following, when the indictment was dismissed for want of prosecution; Clark probably thinking, the county had supported the fellow long enough.
A short time prior to Baker's release from his eight month's house- keeping in the old log jail, two boys were convicted of petit larceny, and sentenced to a term in jail with this demented fellow. During the April term of court, the sheriff had given Baker and the two boys orders to clean the floor of the jail-brooms and water having been furnished them-and he went about his official duties. A short time afterward the sheriff returned to the court room, and soon noticed the two boys sitting together in the back part of the room; whereupon he inquired of his bailiff what they were there for-if they were there by order of court. The bailiff not knowing how, or why they came there-not having noticed them, the sheriff then approached the boys, who had been crying, and asked them what they were doing there, to which they replied, that Bill Baker had thrown them out of a hole in the wall of the jail, because they refused to help him scrub the floor, and he said he would not let them stay there any longer, and they had come to tell him about it !
These facts were communicated to Judge Trimble, and though in the midst of a jury trial, they excited a hearty laugh, when he then and there wrote them out and sent them to " Harper's Drawer," where they are said to have subsequently appeared.
At the October election of 1866, the people transferred the judicial robes to the shoulders of Hon. Henry Tannehill, of Centerville, Appa- noose county. This was his second and successful contest with Judge Trimble. Judge Tannehill came to Appanoose county at an early day and established himself in the practice of law, and when chosen to the bench he was about forty years of age. His career as a jurist is highly commended; is an excellent lawyer and a popular and accomplished gen- tleman. When he retired from the bench at the close of his term in
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December, 1870, he resumed the practice, and is still a successful member of the Appanoose bar.
A good story is told of the Judge's early experience in the practice of his profession, which he occasionally related when upon the bench. Among the first jury cases he had in the early days of Appanoose county was one which he had given considerable attention, and the facts and testimony so largely preponderated in his favor that he felt very confident of gaining the verdict of the jury. His solicitude for such a result was great, not only for the interest of his client, but for the aid it would afford him in building up a reputation and practice.
In concluding his closing argument to the jury, he said: "Now, gen- tlemen of the jury, I submit this case to your hands. You are the sole judges of the credibility of the witnesses and the weight of the evidence; and if you find the weight of evidence to be with my client, you must return him a verdict."
The jury retired to their room, and after deliberating half an hour, they returned a verdict against the Judge's client. Accosting one of the jurors soon after, the Judge says to him: "How in the world did you find such a verdict, when the evidence was all on the side of my client?" "Why, Mr. Tannehill," said the juror, "you told us in your speech that we must find according to the weight of evidence; and we figured up the weight of the witnesses on both sides, and found that them what was agin your client weighed the most. Why, there was one witness agin ye that weighed two hundred and fifty pounds."
The Judge had no more to say, but retired to his quiet little office and meditated upon the intelligence of the average early day jurors. Ever after he was careful, whether as advocate or judge, to explain what the " weight of evidence " meant.
The next occupant of the bench of this district was M. J. Williams, of Ottumwa, Wapello county, who was elected without opposition as a republican, in October, 1870, and who served one term of four years with general acceptance to the bar and people. He was some forty-five years of age when he came on the bench, and at the close of his judicial career he retired to the practice of his profession in Ottumwa, where he enjoys a prominent reputation as an able and successful practitioner.
In 1874, the judicial robe fell upon Joseph C. Knapp, of Keosauqua, Van Buren county, whom the people chose at the October election of that year, as a democrat, over his predecessor, M. J. Williams. Judge Knapp is one of the oldest settlers of the state, and is classed high as a lawyer and a jurist. He was some sixty years of age when he came upon the bench, and while he was clear and prompt in his rulings, and firm in integrity, there was a sternness about his manner which did not brood popularity with all. He retired at the close of his judicial term
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in December, 1878, to the practice of his profession at his home of many years in Keosauqua.
The present incumbent of the district bench is Hon. E. L. Burton, of Ottumwa, where he had resided and practiced law since 1859, with a marked degree of success, and was classed as a sound lawyer when cho- sen to succeed Judge Knapp, in October, 1878, over T. M. Fee, a repub- lican. He has a sound legal mind, makes an efficient judge, and is pop- ular with the bar and people of his district.
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CIRCUIT COURT.
This court is of quite modern creation. It came into existence by enactment of the Twelfth General Assembly, approved April 13, 1868, and took effect on the first Monday of January, 1869. It divided each judicial district then existing, into two circuits, and provided for the elec- tion of a circuit judge for each circuit. These, together with the district judge, constituted a higher court, called the " general term," to which all appeals from the district and circuit courts had to be taken. This " gen- eral term " court, however, proved unsatisfactory, and was abolished at the following session, the Thirteenth General Assembly, 1870; but left the two circuits in each district undisturbed. But this too, was short lived, as the Fourteenth General Assembly, 1872, changed this, and pro- vided for the election of one circuit judge in each judicial district, whose courts and jurisdiction should be co-extensive with those of the dis- trictjudges in all matters; except the district courts should have the grand jury and retain exclusive jurisdiction of criminal matters. In the first instance, all matters of probate of wills, administrators, executors, guardians, estates of decedents, lunatics, and such other matters that were within the jurisdiction of the probate side of the old county court, were transferred to the circuit court, where they still remain.
The first term of this court was held at the court house in Chariton, on Monday, February 8, 1869, Hon. Henry L. Dashiel, of Monroe county, judge of the second circuit of the second judicial district, composed of Appanoose, Monroe, Lucas and Wayne counties, presiding. The first proceeding was the confession of judgment. When, in 1872, the Fourteenth General Assembly consolidated the two circuits of each judicial district into one, Robert Sloan, of Van Buren county, was elected sole judge, who held until December, 1880, when he was superseded by Hon. H. C. Traverse, of Davis county, and who still presides.
Lucas county, after its organization, was first included in the fifth judi- cial district. In 1853, it was included in the ninth district; and in 1859, it was included in the second district, composed of Davis, Wapello, Van Buren, Appanoose, Wayne, Lucas and Monroe, and thus remains.
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HISTORY OF LUCAS COUNTY.
BOARD OF SUPERVISORS.
This organization, succeeding in part, to the jurisdiction of the county court, properly follows in this connection. The "County Board of Supervisors" was created by an act of the Eighth General Assembly, approved March 22, 1860, and took effect July 4 the same year. It pro- vides that the board should be composed of one member from each civil township, to be chosen by the voters thereof at the October election, 1860, for the term of two years; and at the first meeting of the board thus chosen, held on the first Monday of January, 1861, the members should divide into two classes-one holding for one year, and the other for two years. This was done by drawing lots, and thus left only one half of the board to be elected every year. The first board was organ- ized by the election of Rufus D. Keeney, of Otter Creek township, as chairman; N. B. Gardner, clerk of the courts, was ex-officio clerk of the board. The board was composed of the following persons, being one from each of the twelve townships: Daniel Holmes, of Benton town- ship; Hugh Larimer; Chariton; James Stumbaugh, Jackson; H. A. Webb, Pleasant; J. W. Sprott, Union; J. H. West, Washington; Doug- lass Allen, Cedar; Milton Keys, English; S. D. Wheeler, Liberty; Rufus D. Keeney, Otter Creek; J. W. Barnett, Warren, and A. Moak, White Breast. Of these, the first six were allotted the term of one year, and the remaining six the full term of two years.
The first business of this new county legislature was the approval of the official bonds of N. B. Gardner, clerk of the courts, and ex-oficio clerk of the board of supervisors; of Robert McCormick, as county judge-who was then judge of probate only; of George W. Hopkins, as sheriff; and of James B. Custer, as county treasurer. Also, the adoption of rules for the government of the board; and the appointment by the chairman of the standing committees for the year.
The succeeding boards, under the township system, were as follows:
1861-R. D. Keeney, re-elected chairman, Otter Creek township; A. Moak, White Breast; S. D. Wheeler, Liberty; Milton Douglass, Chariton; H. A. Webb, Pleasant; J. W. Sprott, Union; James Stum- baugh, Jackson; L. M. Duckworth, Warren; Daniel Holmes, Benton; Wm. Faulkerson, Washington; Douglass Allen, Cedar; Milton Keys, English.
1862-R. D. Keeney, re-elected chairman, Otter Creek; John Mc- Duckworth, Cedar; Jesse Spray, English; W. T. Wade, Union; Milton Douglass, Chariton; A. Moak, White Breast; Milton J. Burr, Warren; S. D. Wheeler, Liberty; Wm. Fulkerson, Washington; Daniel Holmes, Benton; H. A. Webb, Pleasant; James Stumbaugh, Jackson.
1863-D. H. Roland, Benton; Milton Douglass, Chariton; Wm. S.
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Hughes, Jackson; Geo. Courtney, Pleasant; Samuel Mckinley, Wash- ington; James Harden, Union; R. D. Keeney, Otter Creek, re-elected chairman; John McDuckworth, Cedar; M. J. Burr, Warren; A. Moak, White Breast; S. D. Wheeler, Liberty; Jesse Spray, English.
1864-S. D. Wheeler, Liberty, elected chairman; W. H. Ashby, Otter Creek; S. G. Rose, Warren; George Mitchell, White Breast; Joseph (X, his mark) McMullen, English; James Hixon, Cedar; D. H. Roland, Benton; Milton Douglass, Chariton; William S. Hughes, Jackson; Nathan Keeney, Pleasant, appointed in place of James Harden, removed from the township; A. H .- French, Washington, appointed in place of Samuel Mckinley, deceased; George Courtney, Union.
1865-George W. Hopkins, Benton; Joseph Best, Chariton; James Hixon, Cedar; H. H. Day, Jackson; R. P. Meek, Pleasant; W. H. Ashley, Otter Creek; George Mitchell, White Breast; Isaac H. West, Washington; S. G. Rose, Warren; Joseph McMullen, English; S. D. Wheeler, Cedar; Alex. Poston, Union.
1866-S. D. Wheeler, Liberty; Milton Keys, English; N. W. Stover, Otter Creek; Lot Curtis, Warren; David M. Funk, White Breast; Geo. Weaver, Cedar; Joseph Best, Chariton; H. H. Day, Jackson, elected chairman; G. W. Hopkins, Benton; Alex. Poston, Union; J. H. West, Washington; R. P. Meek, Pleasant. .
1867-H. H. Day, Chariton, re-elected chairman; G. W. Redlingsha- fer, Cedar; Alex. Poston, Union; Geo. W. Platts, Washington; Cyrus A. Walker, Pleasant; Geo. W. Weaver, Cedar; M. Keys, English; D. S. Wheeler, Liberty; N. W. Stover, Otter Creek: Lot Curtis, Warren; D. N. Funk, White Breast.
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