USA > Iowa > Taylor County > History of Taylor County, Iowa; from the earliest historic times to 1910, biographical sketches of some prominent citizens > Part 15
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The following figures are from the county superintendent's annual report for 1908:
Number of teachers in the county, males 38
Number of teachers in the county, females 321
Number of persons of school age, from 5 to 21, males 2519
Number of persons of school age, from 5 to 21, females 2533
Total number enrolled 4445
Total average daily attendance 312I
Average cost of tuition per month for each pupil. $2.29
Number of schoolhouses I30
Value of schoolhouses $155400
Value of apparatus
5905
Number of volumes in libraries
530I
Teachers' fund, amount received from all sources $87695.80
Teachers' fund, disbursements, (paid teachers) 59979. 37
Schoolhouse fund, received from all sources 23146.56
Paid for buildings 13680.53
Contingent fund, all sources 28047.06
Contingent fund, paid for all purposes
16306.38
Total number certificates granted, males.
29
Total number certificates granted, females
I4I
Average age of those to whom certificates were granted.
19
Number of teachers holding state certificates or diplomas I7
Number of teachers' places in the county 175
Number of school townships, 12 districts.
96
Independent city, town and village corporations, II rooms. 55
Rural independent corporations, 26 districts 78
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HISTORY OF TAYLOR COUNTY
Reports of the various town schools will be given in connection with the his- tory of each corporation.
RAILROADS, TELEGRAPH, TELEPHONE, ETC.
Taylor county has three lines of railroad, which gives exceptional shipping facilities. The Creston Branch of the Burlington System traverses the county from north to southwest, and the Keokuk and Western, until recently called the Humeston and Shenandoah, enters the county near the south line of Dallas town- ship, angles slightly to the northeast and leaves the county near the north line of Grant township. They cross two and a half miles north of Conway. Since the Burlington acquired possession of the Keokuk & Western, efforts have been made to secure a station at the crossing. At last these efforts have been rewarded in a slight degree at least, as trains on both roads now stop for passengers.
The Chicago Great Western crosses the southeast corner of the township. It has less than eight miles of road in the county. The thrifty town of Block- ton, formerly old Mormontown, has grown into one of the best towns in the county since the advent of the road. At the point this road passes out of the county into Missouri is the town of Athelstan. The depot is in Missouri, but the town is on the Iowa side. These two points give excellent shipping facilities to the citizens of the southeast portion of the county, who formerly were compelled to ship everything from Bedford, a long hard trip for them in bad weather.
The Creston Branch has twenty-eight and eight one-thousandths miles of track in the county, with an actual value of twenty thousand, four hundred dollars per mile. The Keokuk and Western has twenty-seven miles of track with an actual value of fourteen thousand, four hundred dollars per mile.
The Chicago Great Western has five thousand, seven hundred and ninety- two miles of track with the actual value of twenty-four thousand, six hundred and eight dollars per mile. The total assessment on railroads in the county is two hundred and seventy-five thousand, six hundred and seventy-two dollars.
The Adams express company uses the Burlington roads and the Wells, Far- go & Company express, uses the Chicago Great Western, for the handling of express business. The total assessment on express companies is two thousand one hundred and thirty-one dollars.
The number of miles of telegraph corresponds to the number of miles of railroad. There are six hundred and two miles of telegraph and telephone lines in the county, assessed at twenty-one thousand, two hundred and forty- nine dollars.
There is scarcely a farmer but has a telephone. Convenient distance to the railroad, a telephone in the house, and mail delivered at the door every day, are luxuries undreamed of by the citizens of this county less than fifty years ago. A few men have lived to see all of this development. Daniel Leonard, in build- ing his cabin broke his ax. Bedford was the nearest point where he could pur- chase a new one. If a physician was needed it frequently meant a long trip in the night, where now the phone is called into use, and time and travel saved.
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HISTORY OF TAYLOR COUNTY
Such men as J. S. Boyd, A. J. Litteer, Daniel Leonard, S. S. Patch and Wil- liam Hindman, can appreciate these modern conveniences, much more than can the later generation, who rave if the phone gets out of order or the weather pre- vents the delivery of the mail.
LEGAL HISTORY.
COUNTY, DISTRICT AND CIRCUIT COURTS.
The first county court convened at the home of Jacob Ross, February 16, 1851. The officers composing the court have been mentioned under the head of county organization. This court was composed of the three county commis- sioners and they were elected or chosen by the citizens of the county, for the pur- pose of carrying out the organization of the county. The first election held after the organizations of the county, was in August, 1851, and then the other officers necessary to carry on county business were elected. Aside from the business pertaining to the public affairs of the county, this court had jurisdic- tion over certain other causes. Among them attachments, executions, and even sometimes heard preliminary actions in criminal causes and bound the defend- ant over to the succeeding term of the district court. This power, however, seems to have been taken away from them after the county election of 1852, when a county judge was elected, who was empowered to decide questions of law. After this date the county commissioners attended to about the same work now delegated to the board of supervisors.
The first case tried before the county court, of which we can obtain record, was on a writ of attachment, which follows together with the second and third cases.
WILLIAM WILSON, - An attachment
vs.
JOHN THOMPSON.
And claims the faleure on the part of John thompson fer not promptly pa- ing off A Note of hand, Made payable to Isaac Dowis, with Wm. Wilson and H. foster surety for some twenty-six dollars and some odd cents, and due on the 18. day of January, 1853, this day the plaintiff, John thompson, has approved and confessed Judge Ment, whereupon, John thompson pays all Cost, Expens in said sute gave under My hand this 24. day of January, 1853.
JOHN LOWE, C. J.
Now at this time heare Coms James H. Holland and Jacob Ross and acknowl- edges themselves Jointly indebted to the county of Taylor in the sum of ten dol- lars and eighty cents and the cost attached on certain stray horse colt taken up by William Roach on the 30 day of October, 1851-appraised to thirty dollars, and said stray alluded to was traded in a short time after he was taken up by Roach to one young faris, and by Faris to one James Holland and Holland traded sd. stray before alluded to, to one Jacob Ross. All the ill legal traffick done before the nine months had expired to, gave title to sd Horse, there up on
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HISTORY OF TAYLOR COUNTY
the county court of taylor county has directed that the forfeture of sd stray horse colt dos Es Cheate to the schole fund of sd. county.
JOHN LOWE, County Judge.
THE COUNTY OF TAYLOR, U. S. AGAINST JOHN THOMPSON.
The writ issued to William McEffee, sherif of Taylor Co. on the 10. day of January, 1853, and the said warrant Have Been levied on a certane Bay Mare, witch was Taken up by John thompson in october, 1851, and said thompson appearing himself in person and acknowledg the demand and alledg in said writ is just, and thereupon complys with the requir Ments of the law. thearupon it is ordered by the court that the said bay Be released by thompson paying to the court the sum of the princeple, $12.25; and fifty cents for the writ, 50c; and $1.00; clerk's fes; and fifty cents for recording Judge Ments, 50c; Sherif's fees for having the writ 50c; Mileage, 4 miles, 5 cents per mile, going and return- ing 40c; for advertisements 20c ; for Keeping the Mare, $1.50.
The entire proceeds of the above named Stray Taken up by John thompson, after deducting the expenses will neate the school funds-$10.75.
JOHN LOWE, County Judge for Taylor County, Iowa.
Judge John Lowe was a native of Kentucky, and what education he had, was received in that state. He is reported to have been an honest, warm hearted man of good sense, and enjoyed the confidence of the early settlers to the fullest extent, and was considered by most of them as almost the only man in the county qualified to transact public business, this accounts for his election to the then important office of county judge, and for his long tenure of office. We give verbatim copies of his records, not to hold him-or the other fathers of the county up to ridicule, but that subsequent generations may see the nature of the business that came before our early county officers. At present, our officers have printed forms for everything that might arise, and the only thing to do is to fill in names and dates. Our early officers lacked experi- ence in clerical work and familiarity with the law, and from the rec- ords given it will be seen that they were obliged to arrange the form as best they could, and while their work may have lacked scholarly fin- ish, we have never heard a breath of scandal regarding their work for the public. The records demonstrate that their education was very limited, at least in some directions that now might be deemed important, but they also evidenced a desire to faithfully discharge the duties of the office. It will be noticed that nearly all of Judge Lowe's public documents closed with the phrase: "gave from under my hand this day of " etc. The judge resided about three and one-half miles west of Bedford, on what is now the A. N. Dougherty farm. His house was built of logs and at the time was the finest house in the county. When the first assessment roll was made out his property was assessed at forty- eight dollars and paid a tax of twenty-nine cents.
The first business relative to the disposition of the property of deceased persons was transacted by Judge Lowe during the first month of his first term
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of office. Joshua Hudson an early settler in this county has died intestate. It became necessary of course, to provide administrators of the estate, which Judge Lowe proceeded to do by appointing the wife of the deceased as administratrix. The documents in this matter are the following :
LETTERS OF ADMINISTRATION.
STATE OF IOWA,
TAYLOR COUNTY. { ss :
To all persons to whom these presents shall come, greeting: Know ye that whereas Joshua Hudson, late of the county of Taylor, died intestate, having at the time of his death property in this state which may be lost, destroyed or diminished in value if speedy care be not taken of it; to the end there of that said property may be collected, preserved and disposed of according to law, I do hereby appoint Mary Hudson administratrix of all and singular the goods and chattels, rights and credits which were of said Joshua Hudson at the time of his death, with full power and authority to secure and dispose of said prop- erty according to law and collect all money due said deceased; and in general to do and perform all other acts and things which are or hereafter may be re- quired by law. In testimony whereof, I, John Lowe, Judge of the Probate Court and for the County of Taylor, have hereunto signed my name and affixed the seal of said County at my office, this 13. day of August, A. D., 1852.
JOHN LOWE, Judge.
Filed 14. day of August, 1852, for record. A true copy. JOHN HAYDEN, Clerk.
The record further shows that the property of the deceased was appraised by John W. Duncan, Cornelius N. Sweet and James Ano on September 4, and 6. On the last named date the property was sold, realizing in notes, mort- gages and money, six hundred and eighty-seven dollars and forty cents. On the 29th day of September, the bill of sale of tlie estate, with all the items, parties to whom sold and amounts paid, was recorded and filed away with other papers of like import. This business transaction was followed on October 27, 1852, with one of like import, relative to the estate of Russell L. Thompson, deceased, and another of the early settlers of the county. The administrator was Thomas Holland. The amount realized was sixty-two dollars and seventeen cents. The other business transacted by the county judge seems to have had refer- ence particularly to public matters, such as ordering roads, building bridges and like improvements. The legal history of the county properly begins with the institution of the district court, the first term of which was held September 15, 185I, at the house of Jacob Ross, Judge James Sloan presiding. John Hayden was clerk and James B. Campbell, sheriff; there were three attorneys present : George P. Styles, A. C. Ford, and Jacob Dawson. The last named was appointed prosecuting attorney for the term.
The grand jury held its deliberations in a grove near the dwelling of Judge Ross and the petit jury in the same grove, a short distance from the other jury. Following are given the names of persons from whom the members of the grand jury were selected as well as the actual members of the first petit jury.
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HISTORY OF TAYLOR COUNTY
First Grand Jurors :- Benjamin Barner, James D. Ross, William B. Cariger, James Holland, Elisha Parker, Henry Fields, Thomas Holland, William Roach, William Lewis, Matthew Smith, Russel L. Thompson, Joseph Roach, Matthew Hindman, Henry Smith, Eden Hawk, Isaac Guyll, James H. Burge, Elias Bridge- water, Nathaniel Towner, John R. Foster, John Dougherty and William Edmonson.
First Petit Jurors :- William Wilson, George Dial, William Pointer, James Gartside, James Ross, William Hindman, Frederick Gammel, Alexander Duncan, Benjamin Tanner, David Nisely, Francis H. Farley and Henry Foster.
There is a tradition handed down, that at this session of the court, a jug of liquor was on the ground for the benefit of any who might desire that kind of refreshment.
The grand jury found two indictments, one each against Isaac Dowis and S. E. Godsey, for assault and battery upon one John Hayden, who was at the time county clerk.
The case was tried, and resulted in the acquittal of Dowis and Godsey, leaving Hayden to pay the costs. We are informed, however, by William Hindman, that Hayden never paid the costs. Records at that time were kept on loose sheets of paper and when Hayden was called on to pay, the papers in the case could not be found, and as people generally considered the verdict unjust nothing further was done in the matter.
James Sloan, the judge who presided at this session of court, was quite a character in a way. On the records of the district court of Fremont county for the June term, 1850, appear the following entries :
James Sloan produces in court his declaration of his intention to become a citizen of the United States of America, and also produced satisfactory evi- dence 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 past, and it further appearing to the satisfaction of the court that during that time, he has behaved as a man of good moral character, attached to the principles of the constitution of the United States and well disposed to the good order and happiness of the same.
Thereupon the said James Sloan came into open court, and was duly sworn to support the constitution of the United States, and he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state or sovereignty, whatsoever, and particularly Queen 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 counsellor 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 counselor at law to the best of his ability. In the following year, 1851, Sloan was elected to the office of judge of the district court, a position for which he was, in many respects, totally unfitted. His first term of court was held at Sidney, Fremont county in May, 1851. From that county he held court in Page, and then to this county in the fall of the
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HISTORY OF TAYLOR COUNTY
same year. It is related of the judge, that, at a session of his court held at Cornville, near Glenwood, Mills county, just at the close of his session here a very modest member of the bar politely attempted to enlighten his understand- ing upon some statutory provision by opening the code and offering to read there- from, when, to his 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 his head !"
The second time that the judge went to Cornville to hold court, he was un- able to proceed on account of the animosity being generated between the mass of the people and the Mormon population of that section, to which latter the judge belonged. He resigned in 1852, and removed to Salt Lake, from which period he was lost sight of by the people of this district. In the meantime there had been admitted to the bar, lawyers well known to the old settlers of this county. A. C. Ford has already been spoken of. The resignation of Judge Sloan left the judgeship of the district court open to the ambition of younger lawyers.
It is said that the resignation of Judge Sloan was brought about by interested parties who were striving for public notice. One of the attorneys before the bar of Fremont, A. C. Ford, was to receive the resignation of Judge Sloan, secure the backing of his Whig friends, and Sloan was to present the claims of Ford to the governor of the state. Sloan had in some way become related in business matters to a certain Orson Hyde, a "latter day Saint," and afterward the great Mormon Apostle, Hyde was editing a paper known as the Fremont Guardian. In consideration of any service Hyde might render him, Ford was to purchase the press of Hyde, and in connection with Dawson, should use it as a campaign organ in support of Ford as a candidate for the district judgeship at the next election. The scheme to elect Ford failed for the lack of the recom- mendation he thought he could get. It appears that he was a fugitive from jus- tice from California, which fact became quite generally known among the citi- zens of Fremont county. The oppositions took on a stronger aspect then mere refusal to recommend his appointment-a meeting was called at Sidney, in in February, 1852, at which were passed a series of resolutions denouncing Hyde, and decidedly uncomplimentary to Ford. Copies of the resolutions were sent over the district and to the governor of the state. Accompany- ing the resolutions sent the governor, was a recommendation to the gover- nor to appoint Allen A. Bradford as Judge Sloan's successor. Their petition was heard and granted. Bradford received the appointment and entered upon the duties of his office. Before the expiration of his first term his official acts met with such general approval and his integrity of character was so well known, that there was scarcely any opposition to his election the next term. Evidently Judge Bradford was a very worthy man, and merited the confidence reposed in him by the legal fraternity and court officials generally. He was a native of Maine and retained many of the peculiarities of his native state. In court he was stately and dignified, permitted no violence of court decorum, was prompt in his decisions, and taken altogether, was a worthy occupant of the bench of the district court.
Judge Bradford did not complete the term for which he was elected. In some difficulty with a man near Nebraska City, he received a severe wound on the head by a club in the hands of the man, which necessitated his resignation of
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the judgeship. The difficulty seems to have arisen, over the boundary lines of the respective claims of Judge Bradford and his assailant. It was during the judi- cial career of Judge Bradford that the first rules adopted by any district court in Fremont county were spread upon the proceedings and made a part of its record. They comprise eleven distinct specifications, and cover nearly all the ordinary business of a session of court. With the November term of 1854 the connection of Judge Bradford with the judicial history of the county ceases. The successor to Judge Bradford was the Honorable E. H. Sears, a native of New York, locating in Fremont county in 1853. His first court in this district was opened the 19th day of February, 1855. His first term occurred at a time well calculated to the test his judicial powers and his legal ability. New laws-for the most part obnoxious in themselves to many-had been enacted, and the first causes in the county under these enactments were tried before him. They were causes relating to the sale of intoxicating liquors, in their very natures requiring the greatest judicial care and more than ordinary legal ability in the court before which they were tried.
Judge Sears gave such general satisfaction and proved so admirably his fit- ness for the judgeship, that to his election the second time, no obstacle presented, although he belonged to the minority political party. He was a careful man and a wise judge taking the greatest pains to insure justice to all parties to a suit- civil or criminal. As evidence of this carefulness, and the measures he adopted to insure no errors on the part of the jurors, we reproduce the following charge to the grand jury, delivered in 1859-fifty years ago :
"Gentlemen :- Before entering upon the important duties which you are called upon to discharge, it may be well for you to make and answer the follow- ing inquiries : What are the uses of a grand jury? Why was it instituted? And did the people demand it? The people of England, our ancestors, did demand it, and thought they had made a great advance in personal security and individ- ual liberty, when they had obtained it from the reluctant and unwilling hands of despotism. Prior to its institution the courts were looked upon by the mass of the people as engines of cruelty, injustice, and oppression, and not as the pro- tectors of innocence and punishers of crime. Who does not remember the history of the bloody assizes and the judicial act of a Jeffreys? And it was to prevent fraud, oppression, favoritism, bribery and all manner of corruption in the ad- ministration of criminal jurisprudence, that the grand jury was instituted. And how can you assist by your action as grand jurors, in the accomplishment of this great object? It can only be accomplished by laying aside every personal or party consideration ; by rising above hatred or affection, and by knowing no per- son, friend or foe, in the discharge of your duties. To vindicate the law and mete out justice, should be your only motive. No one can be arraigned before this court for a crime but on your presentment. You are responsible to your country and to your God for the wrongful arraignment of the innocent, and for the non-arraignment of the guilty.
"Courts and juries should never permit mere technicalities, evasions or sub- terfuges to prevent the truth or thwart the administration of justice. The temple of justice is no place for evasion or falsehood. And this remark applies alike to the bar, the jury and the court. The court imbued with the spirit of
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HISTORY OF TAYLOR COUNTY
equity, should hold with even hand the scales of justice. The jury, rising above every personal consideration and disregarding every subterfuge and evasion, should find the simple truth. And the member of the bar who feels the respon- sibility and real dignity of his position will have a stronger regard for the faithful administration of the law than successful evasion; and more pleas- ure in the triumph of truth and right than in falsehood and injustice. He will feel that his duty to himself as a man, to his country as a citizen, to his God and his own conscience as a responsible being, are infinitely higher in their nature than the duty he owes his client. And when all of us feel our responsibility and act up to the high duties which it imposes may we not hope that our courts (if it be true that they have lost it), will regain the public re- spect, and enjoy the public confidence; and that men will not feel called upon on account of any imagined inefficiency or uncertainty of the courts, to take what they deem justice into their own hands, and administer it summarily and in violation of all law. But are our courts wholly to blame for this loss of confidence and growing disrespect for their decisions? Has not the citizen a sacred duty to perform in relation to the courts and in maintaining their char- acter and authority ?
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