USA > Iowa > Mills County > History of Mills County, Iowa, containing a history of the county, its cities, towns, etc. > Part 45
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Attention has been previouslv called to Wahbonsie lake as having been named from Wahbonsie, a chief of the Pottawattamies, who formerly resided with a band of that tribe on the borders of the lake, and was con- sidered its owner. With these Indians, and with Wahbonsie in particu- lar, Major Cooper, one of the first white settlers or residents of the adjoin- ing county of Fremont, carried on an extensive trading business, which, if not always of the most legitimate character, was most profitable. When the final treaty, in 1842, was made, ceding these lands to the gov- ernment, Wahbonsie was one of the few who lingered after nearly all the others had departed for their Kansas homes. During his continued sojourn it appears he contracted certain debts, which he evinced no dis- position to pay, and, after the manner of many white men, prepared to leave without settlement. Among some . of the oldest records pre- served was found the following document, showing how the fated Wah- bonsie became entangled in the meshes of the law. The Hitchcock noticed was the successor to Major Cooper, and the man who first brought any slaves to Iowa soil. It will be observed that the document was issued by authority of the State of Missouri, to which that portion of Fremont county in which Austin, its first capital was situated belonged.
STATE OF MISSOURI,
COUNTY OF ATCHINSON, S SS.
Before me, James Cummings, a justice of the peace, of the county aforesaid, this day personally came Rufus Hitchcock, who being duly sworn sayeth that Waubonchey justly owes him twenty-two dollars, and that said Waubonchey is a leaving the county without paying him or leaving property for him, and that he wants a writ of attachment against the goods, chattles, monies of Waubonchey and further sayeth not, this November 14, 1846.
RUFUS HITCHCOCK.
Sworn to and subscribed to before me this 14th day of November, 1846.
JAMES CUMMINGS, Justice of the Peace.
not allow him to yield, and take a lowly seat in the councils of his people; and so he stood the sileut observer of the final contract that tore him from the last foothold on the hunting grounds of his fathers. The saddened memory of years struggled for utterance, but the great chieftain smothered it with stoical indifference. He died on the Des Moines River, October 3, 1839, three years after this treaty.
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380
HISTORY OF MILLS COUNTY.
COUNTY ORGANIZATION.
With regard to the origin of the division of individual states into county and township organizations, which in an important measure should have the power and opportunity of their own business and governing them- selves, under the approval of, and subject to the state and general gov- ernment of which they each formed a part, we quote from Elijah M. Haines, who is considered good authority on the subject.
In his " Laws of Illinois, Relative to Township Organizations," he says the county system
" Originated with Virginia, whose carly settlers soon became large-landed proprietors, aristocratic in feeling, living apart in almost baronial magnificence on their own estates, and owning the laboring part of the population. Thus the materials for a town were not at hand, the voters being thinly distributed over a great area.
" The county organization, where a few influential men managed the whole business of the community, retaining their places almost at their pleasure. scarcely responsible at all, except in name, and permitted to conduct the county concerns as their ideas or wishes might direct, was moreover consonant with their recollections or traditions of the judicial and social dignities of the landed aristocracy of England, in descent from whom the Vir- ginia gentlemen felt so much pride. In 1723 eight counties were organized in Virginia, and the system extending throughout the state, spread into all the southern states, and some of the northern states; unless we except the nearly similar division into 'districts ' in South Carolina, and that into 'parishes' in Louisiana, from the French laws.
" Illinois, which with its vast additional territory, became a county of Virginia, on its conquest by Gen. George Rogers Clark, retained the county organization, which was form- ally extended over the state by the constitution of 1848. Under this system, as in other states adopting it, most local business was transacted by those commissioners in each coun- ty, who constituted a county court, with quarterly sessions.
" During the period ending with the constitution of 1847, a large portion of the state had become filled with a population of New England birth or character, daily growing more and more compact and dissatisfied with the comparatively arbitrary and inefficient county system. It was maintained by the people that the heavily populated districts would always control the election of the commissioners to the disadvantage of the more thinly populated sections -- in short that under that system, 'equal and exact justice' to all parts of the county could not be secured. The township system had its origin in Massachusetts, and dates back to 1635. The first legal enactment concerning this system provided that, ' whereas, particular towns have many things which concern only themselves, and the ordering of their own affairs, and disposing of business in their own town,' therefore, 'the freemen of every town, or the majority part of them, shall only have power to dispose of their own lands and woods, with all the appurtenances of said town, to grant lots, and to make such orders as may concern the well-ordering of their own towns, not repugnant to the laws and orders established by the general court."
"They might also (says Mr. Haines) impose fines of not more than twenty shillings, and ' choose their own particular officers, as constables, surveyors for the highways, and the like.' Evidently this enactment relieved the general court of a mass of municipal details, without any danger to the power of that body in controlling general measures of public policy. Probably also a demand from the freemen of the towns was felt for the control of their own home concerns.
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HISTORY OF MILLS COUNTY.
"The New England colonies were first governed by a 'general court,' or legislature, composed of a governor and a small council, which court consisted of the most influential inhabitants, and possessed and exercised both legislative and judicial powers, which were limited only by the wisdom of the holders. They made laws, ordered their execution by officers, tried and decided civil and criminal cases, enacted all manner of municipal regu- lations, and, in fact, did all the public business of the colony. Similar provisions for the incorporation of towns were made in the first constitution of Connecticut, adopted in 1839; and the plan of township organization. as experience proved its remarkable economy, efficiency, and adaptations to the requirements of a free and intelligent people, became universal throughout New England, and went westward with the emigrants from New England into New York, Ohio, and other western states."
The separate organization of the county was affected by an election held on the first Monday in August, 1851. The organizing sheriff appointed by the General Assembly at its session immediately preceeding, was W. W. Noyes. The election resulted in the choice of William Smith, county judge; W. W. Noyes, * county clerk; James Hardy, sheriff and assessor; C. W. Folles, recorder and treasurer; L. T. Coons, prosecuting attorney; Dan Clark, school-fund commissioner; W. E. Dean, coroner, and William Spencer, surveyor. In view of the importance of this first election and the fact that little has hitherto been known concerning the county's earlier history it has been deemed best to transcribe the certifi- cates of election for each of the officials most prominent in its early his- tory. These records had long been lost, but care in overhauling a mass of "rubbish " brought to light these valuable facts.
STATE OF IOWA, ) - ss. MILLS COUNTY. S
At an election holden in the said county, on the first Monday in August, 1851, William Smith was elected to the office of Judge of the above county for the term of four years from that day and until his successor is clected and qualified, and he has been qualified by tak- ing the oath of office as required by law.
[SEAL.]
W. W. NOYES, Clerk.
Know all men by these presents:
That I, William Smith, do solemnly swear that I will truly perform the office of judge in and for the county of Mills; that I will support the constitution of the United States and that of the State of Iowa, and that without fear, favor, affection or hope of reward, I will to the best of my knowledge and ability administer justice according to the law equally to the rich and poor.
WILLIAM SMITHI.
MILLS COUNTY, STATE OF IOWA, Aug. 18, 1851
Sworn to and subscribed before me this 18th day of August, 1851. W. W. NOYES, J. P. Organizing Sheriff.
* Resigned December 9, 1851, office filled by the appointment of J. B. McCabe, Decem- ber 10, 1851, "until the next election," (April, 1852).
382
HISTORY OF MILLS COUNTY.
STATE OF IOWA, ¿ Ss.
MILLS COUNTY.
At an election holden in the said county on the first Monday of August, 1851, W. W. Noyes* was elected to the office of clerk of the above county for the term of two years from that day, and until his successor is elected and qualified, and he was qualified by giving and taking the oath required by law.
WILLIAM SMITH. County Judge.
Similar returns were made for C. W. Tolles, recorder and treasurer; Dan Clark, school fund commissioner and James Hardy, sheriff and assessor.
It appears from the records that Judge William Smith resigned at the expiration of his first year of service, and was suceeded by Judge Hiram P. Bennett, who was elected " on the first Monday in August, A. D. 1852, for the term of three years," presumably to fill out the unexpired term of Judge Smith. There seems also to have been a second change in the clerk of the district court, for the election of Mr. Bennett was cer- tified by William A. Scott, but the certificate bears no date beyond the one mentioned as the date on which the election had been holden. Still another change occurred before the election of the following year, and Judge Bennett appointed William Snuffin to fill the vacancy occasioned by the resignation of Mr. Scott.
The various officers elected did not take possession of their respective offices-which they were supposed to have done, though each individual cared for his papers at his own residence-on the same day, nor did they qualify and present their bonds at the same date. W. W. Noyes qualified August 18, 1851, and gave bonds in the sum of five thousand dollars, with James Hardy, John Sivers and Joseph W. Coolidge as bondsmen. L. T. Coon, qualified on the same day, filing a bond for five thousand dollars, with W. W. Noyes, and William Dalley, as sureties. William E. Dean qualified on that date, also, giving his bond, without security, for five thousand dollars. The next person to qualify was Dan Clark, August 23, 1851, giving a bond of ten thousand dollars, with the name of John B. Wilson, as bondsman. On the 30th of the same month James Hardy qualified, and gave his individual bond for a like amount. On the following day, the 31st, C. W. Tolles qualified and gave a bond for seven thousand five hundred dollars, with the names of Abraham Burger and Joseph W. Coolidge as securities. One other bond was filed, that of William W. Spencer, as surveyor, in the penal sum of one thousand dol-
*STATE OF IOWA, 88.
MILLS COUNTY S
James B. McCabe was appointed clerk of the election until April election to fill the vacancy of W. W. Noyes, resigned, and until his successor is elected and qualified by giving and taking the oath of office as required by law.
WILLIAM SMITH
Dec. 10, 1851.
County Judge.
383
HISTORY OF MILLS COUNTY.
lars, with 'Squire Eggleston and W. C. Matthews as bondsmen. This bond bears no date whatever. It is endorsed on the back:
This bond excepted, WILLIAM SMITH, County Judge.
N
As indeed were all of the bonds mentioned. The officers having duly taken the oath of office and filed their bond in a sufficiently large sum " as required by law," the county was duly organized and became an independent political entity. From that day on the population and wealth of the county grew together. As the range and importance of its business increased the need of a proper depository for important papers and docu- ments became more urgent. As has elsewhere been said, even the courts of justice had no abiding place, and it was not until 1857 that the present court-house building was erected and the county officials could be said to have a home.
The earliest records of the county court go back only to June, 1852. All prior to that seem to have been lost. The following is 'a literally cor- rect copy of the very first proceeding which exists. The officers of the court were: William Smith, Judge; Achilles Rogers, Clerk; J. S. Sharp, Prosecuting Attorney, and James Hardy, Sheriff. -
County Court, Mills county, Iowa, June Term, A. D. 1851.#
June 7-Present, William Smith, county judge, and the following proceedings were had and done as follows, to-wit:
Upon the application of James O'Neil and others for the location of a road from Platte- ville, via Coonville and Lewistown, in the direction of Indiantown, it is ordered that Sam- uel Martin be and is hereby appointed commissioner tof view and report on the propriety of said location, his services to commence on the tenth day of June, 1852, and to report within thirty days.
June 8-Ordered that Achilles Rogers be and is hereby appointed clerk of the district court for Mills county, to fill the vacancy occasioned by the resignation of J. B. McCabe.
The said Rogers having given official bond, with approved security, and taken the oath of office, entered upon the duties of his office
June 18-In the absence of the county judge the prosecuting attorney J. L. Sharp, acting as county judge, it is ordered that the following named persons be summoned to act as grand jurors at the July term of the district court, to be holden' at the town of Coonville on the 19th day of July, 1852, as follows, to-wit:
From West Liberty township-Benjamin Lambert, John Windom, George Liston and O. N. Tyson.
Silver Creek township-Daniel Lewis and James McCoy.
Council Bluff's township-Daniel Hemford.
Rawles township-Wm. Kesterson, Ezekiel Lambert and Lawrence Rains,
Platteville township-Christian Clapper, Cobble, John Williamson and Dan Clark.
*Evidently meant for 1852.
384
HISTORY OF MILLS COUNTY.
And it is further ordered that the following named persons be summoned to serve as petit grand jurors at the July term of the district court, to be holden at the town of Glenwood, on the 19th day of July, A. D. 1852, as follows, to-wit .
West Liberty township-John Chandler, Elijah Ballou, George Micklewait and Solomon Cox.
Platteville township-Jefferson Martin, James O'Neil, David :Moody and David Diffi baugh.
Rawles Township-P. A. Hooper, Jonathan Kerns, Luke Rawson and L. An- thony .
Council Bluffs township-James Blair.
Silver Creek township-L. J. Hull and A. B. Bickmore.
THE DISTRICT COURTS.
The first district court held in the county was by Judge James Sloan,* elected April 7, 1821.
The court convened in October of that year at Coonville, (now Glen- wood). There was then no court house in which to transact the legal business of the county so recourse was had to private dwellings or even to stores. For some unknown reason-perhaps the religious faith of Judge Sloan, who was a Mormon -- a great hostility had been originated toward him, and when he came to convene court it was declared he should not proceed. The store house in which court had usually been held being denied his honor, Mr. J. W. Coolidge offered his store to the judge and the attorneys, which offer was accepted and the court was
*Judge Sloan was a native of Ireland, and had been admitted to the bar but the year pre- vious to his election. On the records of the first term of the district court of Fremont county, which then belonged to the fifth judicial district and over which William McKay presided, appears the following :
" James Sloan produces in court his declaration of his intention to become a citizen of the United States of America, and also produced satisfactory evidence to the court that said James Sloan has resided in the United States for more than five years, and within the state of Iowa for more than one year last passed, and it further appearing to the satis- faction of the court that during that time he has behaved as a man of good moral charac- ter, attached to the principles of the constitution of the United States, and well dis- posed to the good order and happiness of the same. Thereopon the said James Sloan came into open court, and was duly sworn to support the constitution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state or sovereignty whatsoever, and particularly, Queen of Victoria, present Queen of Great Britain and Ireland, whereof he was before a subject.
Now at this time comes James Sloan and produces in court a license from the supreme court of the state of Iowa, to practice as an attorney and counselor at law, whereupon the said James Sloan came into open court, and was duly sworn to support the constitution of the state of Iowa, and that he would faithfully demean himself as an attorney and coun- selor at law to the best of his abilities."
.
385
HISTORY OF MILLS COUNTY.
duly convened. When the judge and the court attaches reached the point of opening the session, threats, both loud and numerous, were made, and declarations were rife that he should not open court. He calmly but firmly insisted, and ordered the sheriff, James Hardy, to pro- claim the court in session, which that official at once proceeded to do. Immediately thereafter Judge Sloan adjourned the court, and thus ended the first session .*
There are no records but one of the district court in existence from the time of the first holding until the October term, 1853.
The single document, or record, alluded to has reference to the first case of divorce in the county, and is the following:
STATE OF IOWA, ? Ss .- In the District Court.
COUNTY OF MILLS, S
SAMUEL MARTIN,
v8.
Ss .- Bill for Divorce.
MARY MARTIN, 1
To the Honorable District Court of Mills County:
Your Petisioner Samuel Martin by his Solisitor A. C. Ford humbly represents that on the twenty ninth day of March A. D. 1837 in the State of Illinois in the County of Sangi- mon your Petisioner inter married with one Mary Bragg whome your Petisioner pray may be made a party Defendant to this his bill of complaint and that your petisioner with the Defendant subsequently Moved to this State and while your Petisioner lived with the de- fendant as man and wife that they had born unto them three children (to witt) Susan Ann Martin, William J. Martin, and John A. Martin and that on the tenth day of September last past the defendant wilfully and without cause or provocation deserted your petisioner and also that the said defendant did at several times while living with your Petisioner commit the crime of adultery and your Petisioner also represents that he was and is and has been for the last six months a resident of this state and that this aplication is not made through fear or restraint or out of any levity but in sincerity and truth and for the causes set forth in this his bill of Complaint your Petisioner humbly asks the court in view of the premises herein spesefied that the said marriage may be dissolved and a Decree of Divorce adjudged and that the guardianship of said Susan Ann Martin William J. Martin and John A. Martin may be adjudged and Decreed to your petisioner states that the fore- going complaint is true and pray the judgment of this court and that the said Marriage be desolved and a Divorce Decreed in accordance with the Code in such cases made and pro- vided.
SAMUEL MARTIN.
Sworn to and subscribed before me this 31st day of october A. D. 1851.
W. W. NOYES, Clerk.
*Tradition awards to James Sloan's court the usual amount of " backwoods " incidents. It is related of him that a very modest member of the bar politely attempted to enlighten his understanding upon some statutory provision, opening the code and offering to read therefrom, when to his chagrin and mortification, he was met by the stern rebuke of his honor-" Sit down sir, down - to h-1 with your cud, the court has the law in its head." There is a great difference of opinion among those who knew Judge Sloan as to his ability and fitness for the judicial bench. At all events he was illiterate, though prompt and decisive in rendering his judgments.
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386
HISTORY OF MILLS COUNTY.
The suit was continued, and finally adjusted by the granting of the decree to the petitioner in the October term, 1853. In that year occurs the first entry in the court minute book or record, the petition just quoted having been obtained from the "valuable box in the cellar."
District Court, Mills county, October term, 1853.
At an adjourned term of the district court of said county begun and held at Glenwood, on the 17th day of October, A, D. 1853, pursuant to notice given in accordance with the code of Iowa, there were present. IIon. Samuel H. Riddle, judge; Wm. Snuffin, clerk; George Hepner, prosecuting attorney, and John Haynie, sheriff. when the following pro- ceedings were had and done, viz:
On motion of A. C. Ford it is ordered that D. W. Price be and is hereby enrolled as an attorney and counsellor in this court.
On motion of HI. P. Bennett, Mr. Geo. Hepner was appointed prosecuting attorney, pro tem. The court was then adjourned until half past one o'clock P. M.
Court was opened again pursuant to adjournment and the sheriff ordered to summons fifteen grand jurors.
The case of State of Iowa against Wheatley Mickelwait, was called, and adjourned till to-morrow.
The sheriff returned into court with the following grand jurors, viz: John B. Wilson, Philip Miller, Jesse A. Painter, H. P. Allison, Wm. Davis, C. W. Tolles, jr., J.W. Coolidge. Thompson Blair, Wm. Jessup, Edward Gilliland, W. W. Greene, Stephen Miles, James L. Shields, A. McAlpine and James L. Burger, of which Joseph W. Coolidge was appointed foreman of the court, who, together with his fellows, being duly sworn and empanneled, having received their charge from the court retired to consider the presentments and indict- ments.
James B. McCabe and Henry Hull being summoned on the grand jury, did not appear and by order of the court an attachment was issued for said persons to the sheriff. Said sheriff returned into court with said defendants. The said James B. McCabe and Henry Hull being duly sworn and questioned by the court, the court acquitted James B. McCabe, by paying costs, and Henry IIull was fined one dollar and costs.
The court then ordered an adjournment until 9 o'clock to-morrow morning.
SAMUEL H. RIDDLE, Judge Seventh Judicial District of Iowa.
The first case of this session of the district court was a case of replevin, and was that of Simpson Snow vs. Monroe Holloway, which was contin- ued. The first indictment returned was for assault and battery, the case being that of State of Iowa vs. Wheatley Mickelwait, which was dis- missed on motion of counsel for defendant. The same personage again figures as one against whom the second indictment recorded appears. He was indicted for selling intoxicating liquor. When the case came on for a hearing the defense "moved to set aside," which was not sustained. A demurrer was then filed, but the demurrer was overruled. Leave was given the defense until the following morning, when he was to plead. This was the first case on the morning of Wednesday, October 19, the defense filing a plea of not guilty, whereupon the court ordered the empanelling of a jury to try the same. After the trial the jury returned a verdict of guilty, and fined the defendant ten dollars. In addition to this
387
HISTORY OF MILLS COUNTY.
indictment the grand jury returned one against Lewis Johnson, for man- slaughter; against John Johnson, for an assault with intent to commit great bodily injury; against W. Ellington, for betting; against J. D. Rog- ers and P. A. Hooper, for an assault with intent to commit great bodily injury ; and one against Samuel Judy, Thomas Woods, John Johnson, J. D. Rogers, Seth Johnson and Geo. Kirkman, for arson. The parties to the last named offense all obtained a change of venue to Pottawattamie county, where the case was tried, with what result it has not been possible to learn. William Ellington had to pay two dollars and fifty cents for the privilege of betting, the jury having returned a verdict of guilty when the cause came on for a hearing.
Judge Samuel J. Riddle presided at this term of the court, he having been appointed successor to Judge James Sloan, who had resigned. There are various reasons assigned as to why the honorable gentleman presented his resignation.
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