USA > Iowa > Lucas County > Past and present of Lucas and Wayne counties, Iowa, a record of settlement, organization, progress and achievement, Volume I > Part 5
USA > Iowa > Wayne County > Past and present of Lucas and Wayne counties, Iowa, a record of settlement, organization, progress and achievement, Volume I > Part 5
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The first proceeding as set forth in this primitive record, is the appointment of Joel Lowder as administrator of Nelson Lowder, deceased, on the 7th day of October, 1850, by Allen Edwards, judge of the probate court. The administrator gave bond in the sum of $200, with Henry Allen, James Yeukins, and James G. Robinson, as his bondsmen. There is no further record of said proceedings until March 11, 1853, when the administrator filed his final report, and was discharged by Jonas Wescott, county judge.
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The next probate proceeding was the appointment of Jacob Phillips, as administrator of the estate of Daniel Phillips, deceased. The appraisers filed an inventory of the personal property of the deceased as follows : "7 head of steers, 2 chairs, 1 table, cooking utensils, 1 cow and calf, tableware, crocks, buckets, 14 bushels of corn, 1 hide, 1 lot of turnips, 2 beds and clothing, 1 lot of cabbage, 2 weaving slaps, 1 debt of Miles Vanmeter, $3.10, 1 coon skin, pumpkins, tubs, 8 sheep, 8 hogs, 1 plow, 1 drawing knife, cooper adz, 1 log chain, 2 yokes, 2 bedsteads, 1 side sole leather, 1 iron wedge, 1 lot old iron, 1 lot meat $12.50, 1 trowel, 1 lot of wood, 1 bee stand, a lot of rails."
This property was sold at public sale for the aggregate sum of $120.271. The debts against the estate amounted to $61.371/5, leaving the net assets amounting to $58.90. This is said to be the first public sale held in the county. The iron wedge sold for forty cents, and the scraps of old iron sold for one dollar, which shows the scarcity of many articles in the settlements.
The next proceeding of the probate court relates to the set- tlement of the estate of Miss Catharine Phillips, deceased. J. M. Miller was appointed administrator on the 3d day of February, 1851. The inventory showed that deceased was possessed of the following property, to wit:
A public land claim of 320 acres and forty acres of land to which she held title, also 1 skillet, 1 cow, 1 pair of saddle bags, 2 coon skins, 1 knife, 1 saddle, 2 axes, 14 of an ox yoke, 3 work steers, 314 yards of satinet, 1/4 of a breaking plow, 1 rifle gun, 1 watch, 1 jug, 1 plow, 1 iron wedge, 1/2 of a wagon, cash on hand, 20 cents, a claim against Beverly Searcy for $1.50. The liabilities of the estate were found to amount to $48.
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THE COUNTY COURT
This court was established by the Code of 1851. Its juris- diction extended to the settlement of estates, theretofore exer- cised by the probate court, and also included the powers there- tofore exercised by the county commissioners. The first recorded proceedings of this court were in the settlement of the estate of Thomas Wilson, deceased, at its December term in 1853, as follows:
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" Estate of Thomas Wilson.
"STATE OF IOWA
"LUCAS COUNTYS SS
"Now comes Elizabeth Wilson, by her attorney, O. L. Pal- mer, and files her petition, praying dower in all of estate of which her husband, Thomas Wilson died seized, and asks the court to appoint Referees to allot the same."
Mr. O. L. Palmer was an educated lawyer, possessing more than ordinary ability, but he abandoned the law for a mer- cantile life, and from 1853 to 1870 he was the leading merchant of Chariton. He afterwards removed to western Kansas, where he died.
Among the curiosities found in the early records of the county there appears the following :
"County Court, on the first Monday in April 1857, Milton Douglas was elected to the office of judge in and for said County of Lucas, and has given bond, taken the oath of office as the law Proscribes. His office expires on the first Monday in Aug .. 1857.
Milton Douglas, County Judge."
It seems that Mr. Douglas wanted it distinctly understood that he had been duly elected as county judge.
SWAMP LANDS
The following is the first record concerning the swamp land in which the county was interested.
"Office of the County Judge, March 7, 1853.
Ordered. By the county court that Waitman Trippett be appointed surveyor to select and return the swamp lands in Lucas county, according to the act of the general assembly, approved February 2. 1853.
Jonas Wescott, County Judge."
At the following September term of said court Mr. Trip- pett filed his report, accompanied by plats of the swamp lands he had selected, which report was approved and ordered to be placed on record. For his services Mr. Trippett was allowed the sum of $56, by James Hall, prosecuting attorney and act- ing county judge.
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COUNTY OFFICERS
On the first day of April, 1857, the following named per- sons were elected as justices of the peace in the different town- ships of the county. To wit: David Crawleg, Pleasant town- ship; Isaac C. Cain, English township; Jackson L. Thomas, Union township; J. B. Holmes, Liberty township; John S. Sheller, Chariton township; S. D. Waynick, Warren town- ship; Charles E. Allen, Cedar township; S. D. Houston, Ben- ton township; and W. C. Mauk, Whitebreast township.
COUNTY JUDGES
The following named persons filled the office of county judge during its existence: Jonas Wescott, from its organ- ization until 1854; Thomas Best, from April, 1855, until September, 1856; Milton Douglas served from September, 1856, until September, 1857, when he was succeeded by Ethan Guard, who served until January, 1860, when John P. New- man became his successor and served until October, 1860. From this time, N. B. Gardner, clerk of the district court and ex-officio county judge, performed the duties of this office of county judge under the law. On November 19, 1860, after- wards, Robert McCormick and Asbury Collins acted as county judges until the first Monday in January, 1871, when the office was abolished. However, jurisdiction in probate matters was conferred on the circuit court in January, 1869, by an act of the Legislature creating said court.
THE DISTRICT COURT
The district court is a court of general jurisdiction, hav- ing jurisdiction at law and in equity, and also general criminal jurisdiction. The first term of this court was held at Chari- ton in the old log courthouse on the 22d day of May, 1851, Hon. William McKay, presiding judge.
The first case on the docket was entitled, "James Roland. for the use of Wm. Davis v. Thomas Wilson." The record does not show the nature of purpose of this action. It was dismissed at defendant's cost. The next case was an action for a divorce by Anna Arnold v. Scott Arnold.
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THE FIRST GRAND JURY
The first grand jury was composed of Milton Douglas, Waitman Trippett, Jacob Phillips, James A. Mercer, Gran- ville Westfall, Douglas Allen, Milton Lawder, James Barnett. Hugh Larimer, George Weaver, Lloyd Jenkins, H. P. Sellers, Hiram K. Mckinney, Samuel P. Martin and Edwin Culbert- son. Douglas Allen was chosen foreman. H. D. Ives, an attor- ney of Eddyville, Iowa, was appointed prosecuting attorney for that term of court. Thomas Peck, as bailiff of the court.
TRIAL JURY
The following are the names of the persons constituting the trial jury at the first term of the district court, to wit: J. A. Allen, Eben Badger, Aaron Scott, George Cain, Wilson Allison, C. Rankin, James Jenkins, Moses F. Henry, Jesse Walker, James Mitchell, John Thacker and James Robinson.
The foregoing was the last term of court held in Lucas county by Judge McKay. The next and third term of the Dis- trict court in this county was held by the Hon. John S. Town- send, judge, commencing June 20, 1853. Judge Townsend had been elected at the prior election held in April of that veal.
JUDGES OF DISTRICT COURT
The following lawyers have occupied the position of judge of the district court and circuit courts of this county, to wit : William McKay, John S. Townsend, H. H. Tannehill, Henry H. Trimble, Henry Dashiel, J. C. Knapp, M. J. Williams, E. L. Burton and H. C. Traverse. Each and all of these men were good lawyers, men of undoubted integrity, and they discharged the duty of the position in a manner creditable to themselves and to the entire satisfaction of the people who elected them. One of these judges deserves special mention for his ability as a lawyer. Perhaps it can not be said that he was a profound lawyer, vet it was a common remark among lawyers in speaking of him to say that "Henry Trimble was the best all-round trial lawyer they ever knew." His methods were very like those of Abraham Lincoln. He was always fair, and always, and under all circumstances, a gen-
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tleman. While he was not an orator, yet his good natured logic was irresistible. While his analysis and criticism of a dishonest witness left him a wreck, yet this delicate opera- tion was performed so skillfully that the jury were apt to set aside his evidence in sorrow, rather than in anger. Every lawyer has seen cases lost by the coarse and cruel attack made upon the opposite party or his witnesses, thus creating sym- pathy for them. But like a skilled surgeon in removing a foreign substance with his knife, it was done in such manner as to eliminate pain as far as possible, Henry Trimble pos- sessed the genius enabling him to operate so successfully on a dishonest witness as to avoid the sting and pain ordinarily attending this operation.
The following are the names of the present judges of our district court, viz. : Frank W. Eichelberger, C. W. Vermilion, F. M. Hunter and D. M. Anderson.
There is one very common error in regard to the position of a judge of the district court, as compared with the position of a judge of the supreme court. The impression is general that the position of judge of the supreme court is more difficult, and requires more work and greater ability on the part of a judge thereof than does that of the judge of the district court. This is a mistake. The judge of the district court is required to decide every question in the case as it arises during the trial. He has neither the time nor the opportunity to examine or consider precedents at length. Under our system of juris prudence questions in all branches of the law may arise in our district courts during a trial. Today a district court judge may be required to try any criminal case, while tomorrow he must try cases in probate, or in equity. It is almost impossible for him to become an expert in any one branch of the law ; but while the judge of the supreme court is required to review any finding or judgment of the District court, or any question, vet he is given the benefit of the investigation that has been made in every case by the district judge, and the facts of the case having been printed, he is given ample time to examine them with the aid of an extensive library, before he decides the case.
The District court judge is required to decide without much time to examine the law, while the supreme judge is given ample time to examine all precedents in such a case. In fact the position of district judge is laborious, and requires the highest degree of legal ability.
Vol. I-4
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PAST AND PRESENT OF LUCAS COUNTY
THE LUCAS COUNTY HISTORICAL SOCIETY
For much of the early history of this county we are indebted to the papers and records collected and preserved by this society. Col. Warren S. Dungan, member and officer of the same, has done more perhaps in the organization and main- tenance thereof than any other citizen. He has also been active in organizing and maintaining "The Old Settlers Society." The chief object and purpose of both of these organ- izations is substantially the same, viz, to collect and preserve a history of the county.
The following report of Colonel Dungan will be found interesting :
THE LUCAS COUNTY HISTORICAL SOCIETY
Organized June 10, 1901. This was the first county his- torical society organized in the state of lowa. In the spring of 1901 Mr. Chas. Aldrich, curator of the Historical Depart- ment of Iowa, suggested to the writer the formation of the County Historical Society in every county of the state. He said the matter was called to his attention by seeing in some newspaper an account of the organization of such a society in Washington county, Pennsylvania. He suggested that it would be quite an honor to be the first county to thus organize, as he had no doubt that in due time every county in Iowa would have such a society. He further stated that he urged the people of his own county to go to work and secure this honor. That if Lucas county should first organize, that county would have the honor.
Soon after he sent me the account of the organization of the society in Washington county, Pennsylvania, including its constitution and by laws. About the same time I received a letter from Miss Margaret W. Brown, whose home was in Chariton, but written from Des Moines, where she then was and still is connected with the Free Traveling Library of Iowa, earnestly approving Mr. Aldrich's view and asked me to appoint a meeting of the citizens at Chariton at some con- venient day in the near future, at which the proposition of the forming of such a society should be submitted for their consid- eration. She also suggested that a constitution and by-laws
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should be drawn up in advance, to be acted upon and thus save time in case the proposition was favorably considered.
Prior to that time two societies had been organized in this county, viz .: "The Lucas County Pioneer Association," and "The Lucas County Veteran Association," in both of which I was the historian, and in that capacity had been col- lecting the early and military history of the county-it was a very pleasant undertaking and I called a meeting of citizens generally and sent personal invitations to some whom we wished to enlist in the matter.
The meeting was called for the 10th of June, 1901. The following persons appeared and took part in the meeting, viz .: Mr. Smith H. Mallory, Mr. Thomas Gay, Mr. R. H. Hasselquist, Mr. B. F. Bates, Mr. Warren S. Dungan, Mrs. F. H. Boynton, Miss Margaret W. Brown and Miss Emma McCormick. The meeting was temporarily organized by selecting Mr. Thomas Gay as president, and Miss Brown as secretary.
It was first unanimously resolved to organize a Lucas County Historical Society. A constitution and by-laws, which had been prepared in advance were read for information, and submitted for consideration. After careful consideration and the adoption of amendments they were adopted. The consti- tution adopted was brief, intended only for present use; the question of the incorporation of the society was considered. but action was deferred for further consideration. This con- stitution and by-laws were printed in cheap pamphlet form, one of which is attached to this brief history of the society.
The following officers were then elected for the ensuing vear: President, Warren S. Dungan; vice-president, Thomas Gay ; secretary, Miss Effa M. Dungan ; treasurer, Mr. B. F. Bates: curator. Miss Margaret Brown; Mr. Smith H. Mal- lory, Mr. R. A. Hasselquist, Mrs. E. H. Boynton, Mrs. B. F. VanDyke, directors.
The board of directors were impowered to appoint a cor- responding secretary for each township. This was after- wards changed and the organization of the township auxiliary society in each township was provided for and such auxiliary societies have been established, but not yet in them all. It is made the duty of the township societies to secure as far as possible the history of its own township. Wherever we have secured officers who were interested in this matter in the
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townships, we have secured the best results. To one person is assigned the duty of writing the military history of his township; to another the religious and to another the educa- tional and biography has received very zealous attention. In one township the township's historian procured a large blank book and went from house to house among the older families and had quite a complete history of every family in the town- ship.
Soon after our society came into existence the two exist- ing societies, "The Old Settler's Association," and "The Veteran Association," by vote became auxiliary to our society, and agreed to file with our curator all historical matter col- lected by each.
These hold annual meetings at which valuable papers are read. and these and all their collections together with their records, when completed are turned over to our society.
Our annual meetings are sometimes held in connection with the Old Settler's Association, and sometimes we meet alone.
While we have not vet published in book or even in pam- phlet form the results of our labors, we have accumulated a large amount of most interesting information. I contemplate in the near future to publish the material portions of our col- lection in pamphlet form, as suggested in Mr. Aldrich's letter and as practised by the Jackson County Society.
At our June meeting in 1904 we received a communca- tion from the Board of Trustees of the Chariton Free Library.
JUNE 9, 1904.
Col. Warren S. Dungan, President Lucas County Histori- cal Society.
DEAR SIR: Believing that the preservation of the historical matter is of great importance in the development of our county, and that the library should be the depository, the trustees of the Chariton Library, desire to announce that a room, in an unfurnished condition in the basement in the new Carnegie Building has been set aside for the use of the Historical. Society. In turning over the room our conditions are, that all cases containing the valuable possessions of the society shall be locked, and that at such times as the room is not in actual use by your organization for your meetings.
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the library may make use of it, for such purposes as may be deemed expedient by the trustee.
Very truly yours, THOS. GAY, President of the Board of Trustees. MARGARET BROWN, Curator.
You will notice we have a board of trustees, which is in full sympathy with us. We have expended nearly one hun- dred dollars in completing and fitting up our room, which, when completed, will furnish us ample room for a number of years without the cost of other renting or building for ourselves.
The following are the officers of the society at the present : Warren S. Dungan, president; Thomas Gay, vice-president; Mrs. F. H. Boynton, secretary and treasurer; Miss Margaret W. Brown, curator; Mr. T. M. Dunshee, Mr. E. Lewis, Mr. L. Curtis, Mrs. J. M. Thayer and Miss Laura Fitch, directors.
We find the difficulties in the way of accomplishing much to be that of enlisting workers in the cause. To induce those who know the facts you want, require repeated solicitations. Those are repeated many, many times, but a failure at last. It is a labor of love, and few can be found to engage in it. While we have not accomplished all we hoped, we have a very considerable rich material laid away for future use ; we hope, at our next annual meeting to take a forward step and provide for the publication in pamphlet form of much of the materials on hand.
While as the pioneer society we have not accomplished as much as some of our sister societies, we do not envy them, but with the determination of doing better in the future we bid them God speed in the good work.
WARREN S. DUNGAN.
CHARITON, IOWA, April 29, 1907.
THE FIRST SETTLER IN LUCAS COUNTY
Among the papers and records of the Lucas County His- torical Society we find the following papers which were col- lected by Col. Warren S. Dungan, relating to the question as to who was the first settler in Lucas county, viz. Bearing
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upon that question, I copy from Field Notes of the U. S. Sur- vey in the county auditor's office as follows:
"There is a camp and the commencement of a house, on the northwest quarter, section 14-73-22, occupied by Peter N. Barker, date October 24th, 1847-page 188." "There is a house on the northeast quarter of section 11, occupied by Daniel Barker, and a field on the southeast quarter, date October 25, 1847-page 183." "There is a small farm and cabin on the east half of the northwest quarter of section 12, occupied by John Ballard, November 6, 1847-page 121."
This would indicate that Ballard was an earlier settler than the Barkers. There were but twelve days between the surveys. The Barkers had a "field"; Ballard had a "farm." From the best information I have been able to obtain, the Barkers were brothers, who came to Lucas county together. It is likely that they worked together making improvements. They were in adjoining sections. They first went into camp. They would likely first put in a "field" of corn. Then go to building. It seems they built a house for Daniel first, and at the time of the survey they were engaged in building a home for Peter N.
The recorder says: "There is a camp and the commence- ment of a house on the northwest quarter." The field on the southeast quarter was about equally distant from the two camps and was undoubtedly the most easily cultivated land convenient to both.
Ballard had, as shown by the record, an improvement which the surveyors dignified with the appellation "farm." Outside this record the evidence is clear that Ballard was the earlier settler.
The recollection of the late John S. Shellar, one of the old- est settlers in this county (whose statement is contained in my report for the year 1900) is almost conclusive on the sub- ject. While that statement makes no allusion to the Barkers, yet it must be remembered that Mr. Shellar was one of the earliest settlers in the county ; that he first settled in what is now Liberty township on the Whitebreast creek, in the imme- diate vicinity of where the Barkers settled, and in the many conversations I have had with him, he never intimated that the Barkers might have been in the county as soon as Ballard. Shellar was of the opinion that Ballard located or settled here in the fall of 1846 or in the early spring of 1848 (1847). Mr.
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Shellar settled in Liberty township in 1851, and the Barkers were not there at that time. My best recollection is that he never saw them nor did he know anything about them.
WARREN S. DUNGAN.
JOHN BALLARD, FIRST SETTLER
Statement of Mrs. Minerva Jacobs, daughter of Mr. John Ballard, the first settler of Lucas county.
"Derby, Iowa, June 15, A. D. 1905.
"I am the daughter of John Ballard. He moved to Ken- tucky, and from there to near Quincy, Illinois, and from there to Van Buren county, Iowa, in 1838. From there to Schuy- ler county, Missouri, and from there to Appanoose county, Iowa, where he settled at Dodge's Point about 1842. From there he moved to Lucas county, Iowa, in 1846. In the spring of 1847, my father and my brother John went to Lucas county and built a cabin on the east half of the northwest quarter of section 12, township 73, north of range 21, west 5th P. M., now called English township, and in August, 1846, he moved his family to his new home in Lucas county.
"I was born in Illinois, November 27, 1837, and was nearly nine years old at the time we moved to that county. My youngest sister, Sarah, was born July 19, 1846, after father's return from Lucas county, and before we moved to that county. I was married to Mr. Allen Jacobs in English town- ship, Lucas county, Iowa, December 2, 1855, by John Newman, Esq., who was afterwards elected to the office of county judge of that county. I resided with my parents from the time of my birth until that of my marriage to Mr. Jacobs.
"My father when he returned from Lucas county, in the spring of 1846, told us that he had built a home there and plowed, or had broken a few acres and had planted it in corn. When we moved there in August, 1846, we found it as he had stated.
"My sister, Eliza, was married before I was, but she was married in Marion county, Iowa.
"My father married Miss Hanna Clark, in east Tennessee. Their children were: David, born in east Tennessee: Eliza, born in east Tennessee ; John, born in Kentucky: Ithema, born in 1835, in Kentucky; George, born November 27. 1840, in Missouri; James, born in east Tennessee: William, born in
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east Tennessee ; Mary Ann, born in Kentucky; Minerva, born November 27, 1837, in Illinois; Sarah, born July 16, 1846, in Iowa.
"My husband and I resided in Lucas county, Iowa, from the time of our marriage until 1861, when we moved to Repub- lic county, Kansas, and from there we returned to Iowa, set- tling in Appanoose county for several years, and then we moved back to Kansas, where we now reside. Our postoffice is Athol.
"The first school I attended while we lived in Lucas county, was across the line in Marion county, and was taught by Miss Mary Crawley, a sister of David Crawley, who still resides in Lucas county. I never attended school in Lucas county. I have no recollection of any school being taught in that county until after my marriage.
"I remember that the Rev. Hiram Moon preached at my father's cabin built on section 12, but I cannot say what year.
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