USA > Iowa > Dallas County > The History of Dallas County, Iowa, containing a history of the county, its cities, towns, &c. > Part 41
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THE SECOND ELECTION
In Dallas county was held on the first Monday of August, 1847, at which time the four months term of each of the first county offices expired, and these offices were now to be filled:
Hogs.
Sheep.
Time Pieces.
Guns.
ments.
Horses.
Cattle.
Wagons
1
80|
20
1
25
105 00
Spear, David.
1
40
15
1
50
13
Black, James
1
2|$ 18 $
529 75
50 00
317
HISTORY OF DALLAS COUNTY.
Besides this, three new officers were to be elected, a judge of probate, a coroner and a sealer of weights and measures.
In the meantime the board of county commissioners had changed the places of voting from two to one place, and thus required the entire vote of the county to be cast at one place, called Dallas precinct, at the house of Henry Stump, by issuing the following order:
Ordered, That the August election, of 1847, be held at the house of Henry Stump, in Dal- las precinct, Dallas county, Iowa, and that the clerk give due notice.
At this election, there were nineteen votes cast to twenty-five in April, showing a decrease of six votes in four months, which was caused chiefly, perhaps, because some of the voters being otherwise engaged in improve- ment, failed to go to the polls, and was not on account of any decrease in the population, though the increase of that had been quite limited during this time.
NAMES OF VOTERS.
John Wright, James Wright, J. C. Corbell, Henry Garner, William W. Miller, Peter Groseclose, Martin W. Miller, Jesse K. Miller, Archibald Crowl, James Moore, Eli Smithson, Tristam Davis, George Haworth, Dan- iel Stump, Lewis Stump, Levi A. Davis, Henry Stump, James Black and Greenbury Coffin-19 votes.
The judges of election were-Archibald Crowl, Henry Stump and J. C. Corbell. And the clerks of election were-Greenbury Coffin and Noah Staggs.
The following table shows the names of the candidates in the second election; and also of those elected to the respective offices, as indicated in the majority column opposite each successful candidate's name:
NAMES OF CANDIDATES
No. of Votes
Major- ity
County Commissioners :
Noah Staggs. ..
11
4
John Sharp (an alien).
11
W. W. Miller
7
O. D. Smalley ..
7
Clerk:
S. K. Scovell
8
8
District Clerk :
S. K. Scovell
8
4
Noah Staggs.
4
Treasurer and Recorder :
J. C. Corbell.
17
17
Sheriff :
Eli Smithson.
18
18
Judge of Probate :
6
6
Coroner :
Martin W. Miller
6
6
Sealer of Weights and Measures :
Archibald Crowl.
7
7
Samuel Miller.
According to law, the candidate for county commissioner receiving the highest number of votes was elected to that office for three years; the next for two years; and the third for one year, which secured the election of a
318
HISTORY OF DALLAS COUNTY.
new commissioner each succeeding year, and retained two of the experi- enced members on the board all the time. John Sharp being an alien, and therefore ineligible to hold office, was counted out of the canvass by the board of election, which left Noah Staggs with the highest vote, and, there- fore duly elected for the term of three years, being the first one to receive that honor in the county. The remaining two candidates being a tie cast lots, as the law provided, and the result was, W. W. Miller stood elected for the term of two years, and O. D. Smalley for the remaining term of one year.
The first Judge of Probate in the county, therefore, was Samuel Miller.
The first Sealer of Weights and Measures was Archibald Crowl, and the first Coroner was Martin W. Miller.
At the very commencement of his political career in the county, Stephen K. Scovell was honored, at this election, with the two important offices and clerkships-clerk of the District Court and clerk of the board of county commissioners.
J. C. Corbell was elected Treasurer and Recorder by the next to the largest vote cast; and Eli Smithson was elected Sheriff this time by the highest vote, receiving every one cast for that office, without any spirited contest or opposition.
No prosecuting attorney or school fund commissioner had yet been elected as named in the original proclamation of the organizing sheriff, as neces- sary for the complete organization of the county.
There was thus far no special need for them, and when the demand for them came these offices were soon regularly filled. At this election there was no special excitement, or opposition worthy of mention.
THE FIRST DISTRICT COURT.
On the 6th day of September, 1847, the first District Court of Dallas county was held at the house of W. W. Miller, a day and an occasion that ought to be long and fondly cherished in memory by the peaceable citizens of Dallas county, not on account of the amount of business then transacted, but because of the fact that there was not a case on the docket, no tangly disputes nor spiteful quarrels to be adjusted, and as a consequence very few lawyers were in attendance.
The legal profession would not see it in this light, most likely, but it certainly indicated a healthy state of society and morals in the county. 1
There being yet no court-house. or public buildings erected for such pub- lic gatherings, and the transaction of county business, the more convenient and commodious private dwellings were freely thrown open by the owners, to be used in welcome on all such occasions.
The Judge of the Fourth Judicial District of Iowa, Hon. James P. Charlton, of Iowa City, presided. S. K. Scovell was clerk and Eli Smith- son, sheriff.
THE FIRST GRAND JURY
Impaneled in Dallas county consisted of John Longmire, Levi Wright, Uriah Stotts, Archibald Crowl, Henry Stump, Shubal Haworth, James Black, David Spear, O. D. Smalley, John Spear, John Wright, Greenbury Coffin, Henry Garner, John Miller, George Haworth and Eli Miller, mak- ing seventeen in all, and taking nearly all the voters in the county.
319
HISTORY OF DALLAS COUNTY.
David Spear was foreman of the jury, Martin W. Miller was bailiff, and William McKay was appointed special prosecuting attorney, pro tem.
The grand jury being duly sworn and charged by the court, were then conducted by the bailiff to their place of meeting under the shade of a large hickory tree near at hand where, furnished with the very best seats and conveniences their new and commodious jury-room could afford, they were prepared to take counsel together concerning the various breaches of law and order, and heartless betrayals of trust that might be brought before them. But, as already stated, they failed to find any indictments, and no cases appear on the record of this first term of the District Court. In all probability, however, that condition of things has never been allowed to occur from that day to this in this county.
There being no county seal, the court ordered that the "eagle side of a twenty-five cent piece of American coin " be the temporary seal of Dallas county, until a proper one should be provided, and the court adjourned the same day.
This court was maintained at the expense of the United States govern- ment, and therefore had both federal and local jurisdiction. This fact makes the short session and sudden adjournment all the more singular, since, if the various members had felt so disposed, they easily might have found business of sufficient importance to have continued the sitting for at least one week, and thus each have been entitled to draw from the govern- ment a handsome amount for fees-which elsewhere has not unfrequently occurred on similar occasions-and the amount thus received doubtless would have come very handy at that time for pocket change among both lawyers and jurors.
But this court seemed to have no such unfair desires. It was for the transaction of business they had assembled, and when they found none they adjourned until a more fitting season, and returned to their peaceful pursuits of industry.
But after the adjournment of court a most important event was to tran- spire before separating to go, each his respective way-an event in which every one present undoubtedly was most intensely interested. The whole- souled host, Mr. W. W. Miller, through the faithful labors and culinary accomplishments of the ladies of the household, displayed his generous hospitality on this occasion by giving a free and bountiful dinner to the court, the jury, and all the attendants. It is needless to say that all par- took bountifully of this generous favor, with a rare relish, and in return duly signified their feelings of gratitude by a display of marvelous capac- ity on the part of each guest for hiding beneath the suits of homespun the choice viands amply loading the groaning table.
JUDGE JAMES P. CHARLTON.
It appears that to be a good performer on the violin was one of the prac- tical accomplishments characteristic of a good, or at least a popular, judge in those days-since Hon. James P. Charlton, like Hon. Joseph Williams, of Muscatine, judge of the second judicial district of Iowa Territory, and various other such prominent officials were all fine fiddlers and great jokers.
We would be glad to give here a full sketch of Judge Charlton, but are unable to obtain the necessary statistics, having nothing at hand concerning
320
HISTORY OF DALLAS COUNTY.
4
him that would be of importance to the reader, except the following short sketch from the pen of Judge L. D. Burnes, which says:
"Judge James P. Charlton had a good, big heart, overflowing with wit, humor, benevolence and magnanimity. He was, withal, a very fine per- former on the violin, as was also Jefferson, and the great astronomer, Herschel. He used to while away inany happy, fleeting moments in the bosom of friends, with his favorite instrument in hand, while on his rounds of official duty.
"He and old Jerry Church often met at the house of their mutual friend, Dr. Brooks, of Polk county, to play together. They were a trio of amateur performers on the grand old instrument, that would cause the hearts of miserable misanthropes to beat with a momentary philanthropy."
He figured somewhat prominently in political and public affairs during the last years of the Territorial and the first years of the State governinent.
He was Johnson county's representative in the house at the Sixth Legis- lative Assembly of Iowa Territory, which convened at Iowa City, Decem- ber 4, 1843, and adjourned February 16, 1844.
By that body was conferred on him the distinguished honor of being elected speaker of the House, Deceniber 5, 1843, in which position he is said to have displayed excellent abilities as an expert parliamentarian, and a ready, impartial presiding officer.
After the organization and admission of the State of Iowa into the Union, under the constitution of 1846, he was elected the first judge of the fourth judicial district, April 5, 1847; was commissioned April 27, only about four months before holding the term of court in Dallas county above mentioned-being, perhaps, his first experience as presiding judge. At the expiration of his term of office he was re-elected, April 5, 1852, and resigned in 1853. Judge Charlton's home was in Iowa City, where he had a beautiful one situated in the east side of the city, near the limits, with quite a large tract of pasture and garden lands adjoining it, and all finely improved and tastefully arranged for comfort and convenience. For a long time it was one of the very finest residences in the city.
But, as is the case with all these beautiful homes, the owners are per- mitted to enjoy them only for a brief period, at most, during the average lifetime. And so from this one Judge Charlton has long since been called away, never again to return, leaving it to the enjoyment of others. His family still continued to remain there, enjoying the comforts it afforded, until a few years ago, when, we believe, the old homestead finally passed into the hands of strangers, and the former inmates moved away.
THE LOST RECORDS.
It appears the minutes of this District Court of Dallas county were lost by the clerk, and had to be restored by him from memory, as they now ap- pear in the first minute book, without the signature of the court.
The occurrence of this little circumstance furnished a practical joke which was richly enjoyed by the entire community for many years, and is by no means forgotten even now by the older settlers who are still living, and others who have so often heard them relate it. But for the younger inhabitants and later arrivals in the county, as well as to many of the older ones, it will, perhaps, be of interest to have the principal facts in the case narrated again in this connection.
321
HISTORY OF DALLAS COUNTY.
It seems there was " a girl in this case," living over in the vicinity of the Des Moines river, a number of miles from here, whose personal attraction and superior worth-in the estimation of the district clerk-proved to be the cause of this peculiar mishap. Indeed, Scovell had become so intensely interested in that direction as to fondly entertain the firm conviction that the pleasure derived from a few hours passed in her company under her bewitching smiles, was well worth the tramp of twenty miles on foot through sloughs and marshes, over the pathless prairies and woodlands.
Soon after the adjournment of District Court, impelled by his heart-long- ings, he set out on such a trip to fulfill a previous engagement with his fair one. There being no book or desk yet procured in which to record or keep the minutes of the court, and as the entire record of proceedings only filled a few pages of common fools-cap paper, the clerk found it most convenient to drop this document in his pocket, among other papers, for safe keeping, and at once dismissed the matter from his mind, to meditate on much more endearing themes, and so started off for that cherished spot on the banks of the Des Moines, where the sunlight of love beamed most fondly for him.
He is described by those who knew him as being a fair scholar and busi- ness man, with a reasonable amount of common sense; gallant and prompt in all his engagements with the fair sex; no special friend of hard work; but a fine sleeper, an excellent judge of good victuals, and the butt of many practical jokes among his various associates. In his manner and gen- eral appearance, he was impulsive, yet inoffensive; tall, slender, high-headed, with " lips pursed up and protuding as if puffing vacant air "; always wear- ing a "plug hat " perched on the back part of his head, with one hand stroking his beard and the other the front part of his waist-coat. He was rather excitable, a trifle giddy and not a little absent-minded on certain occasions.
Imagine, then, such a man trudging along over these wild prairies on such an enrapturing mission as his, with the ideal of his heart engrossing his mind. What room could be left for a thought of district court records under such circumstances? The subject paramont with Scovell now was the preparation of an acceptable docket for another court of a very differ- ent character.
He traveled along successfully with the records of the first District Court in his pocket, happy in his meditations, and finally became so ab- sorbed in thought over the probable reception that awaited him by his sweetheart as to grow utterly oblivious to all his immediate surroundings.
Thus neglecting to watch his route, and missing his foot-hold, he sud- denly found himself sprawling in a deep little water drain, with his cherished air-castles scattered to the four winds. With some difficulty he gathered himself up and regained the dry land, thoroughly drenched, not a little chagrined, and minus an important portion of the caudal appendage of his best courting coat. Under such circumstances, a great many people would find quite a natural desire to express their disapprobation of the situation by the use of rather strong language; and it is said that even in this case the unfortunate one did actually "give vent to a ' dod drat it' or two " (per- laps still stronger), and then went on his way a little more cautiously as to his footsteps, with one coat tail drying in the wind, while the other part still soaked in the ditch.
He reached his destination by nightfall, perhaps a little dampened in ar-
21
322
HISTORY OF DALLAS COUNTY.
dor as well as in clothing, but furnished with an additional topic of interest for the evening's conversation; transacted all the important business on the docket for that session of circuit court, and the next day returned home to Penoach to meditate over the general results of his wonderful adventure.
In a day or two, when he came to himself again, and began to take an invoice of his general effects as stored in his pockets, to his dismay, he dis- covered that the important document that was to perpetuate in memory the proceedings of first District Court held in Dallas county was gone, and the most diligent and careful search of the clerk utterly failed to secure the lost records.
He retraced his steps over his former adventurous journey (and doubtless improved this favorable opportunity of having another circuit court ses- sion with his loved one), scanned the treacherous brook and winding way with utmost care, but all to no avail.
The records were gone, and could only be restored by substituting a copy from memory, which the clerk did at once, giving all the particulars, but could not restore the signature of the court, and they now appear spread on the minute-book without signatures of judge or clerk.
That this important document may be preserved and read by future gen- erations, who may feel interested in the records of the first Dallas county court, we append a copy of the missing papers, as restored from memory by the courting clerk and now appear on the record-book in the county clerk's office, from which this copy was taken:
STATE OF IOWA, ss .
DISTRICT COURT, September Term, A. D. 1847.
DALLAS COUNTY. S
At a District Court in and for said county of Dallas, in the State of Iowa, begun and held at Penoach, the county seat of said Dallas county, on the sixth day of September, in the year of our Lord one thousand eight hundred and forty-seven. Present, the Honorable James P. Charlton, Judge of the Fourth Judicial District, in said State, Eli Smithson, Sher- iff, and Stephen K. Scovell, Clerk.
And now, on this day, to-wit: the sixth day of September, in the year of our Lord one thousand eight hundred and forty-seven, comes into court the sheriff, and makes return of the venire facias heretofore issued for grand jurors (this list of grand jurors is the same as given above * * ); who, being first sworn touching their qualifications to serve as grand jurors, as the law directs, and all being good and lawful men, and the court having appointed David Spear foreman of said grand jury, were then duly impaneled, charged and sworn, retired in charge of Martin W. Miller, a sworn officer for that purpose, to consider of such matters and things as might conie to their knowledge according to their charge.
It appearing to the satisfaction of the court that there is no prosecuting attorney for the said county of Dallas:
Ordered, by this court that William McKay be, and he is, hereby appointed special prose- cuting attorney for said county of Dallas.
Ordered, by said court, that the eagle side of a twenty-five cent piece of American coin shall be the temporary seal in and for the county of Dallas until a proper seal may be provided for said county.
And after being absent for some time, the grand jury returned into court, to-wit: on the sixth day of September, 1847, and through their foreman informed said court that they had no bills or presentinents to make, and that they had no further business to engage their attention. It is therefore ordered by said court that said grand jury be discharged.
Ordered, that this court now adjourn sine die.
PETIT JURY.
The first petit jury chosen in Dallas county, of which we find any record, was impaneled September the 21st, 1852, in the case of
JAMES B. HUSTON
WILLIAM C. HUSTON. ) v. ¿ Damages. $5.
323
HISTORY OF DALLAS COUNTY.
and consisted of the following named persons: Samuel Miller, W. W. Miller, Chelsea Shelton, Stephen Mount, James Laverton, M. C. Thomas, Enos Williams, Isaac Ellis, John Mount, Elijah Miller, O. D. Smalley and L. D. Burnes.
The above named jury, with the exceptional change of one man, Isaac Ellis for Levi Wright, sat on all the jury cases during this term of the District Court, and " all being good and lawful men, who being duly elected and sworn to try the issue joined between the parties, after hearing the evi- dence and all the matters touching the same, returned to consider of and upon their verdict," and being absent sometime on each case returned into court just and satisfactory verdicts.
THE FIRST SCHOOL.
During the winter of 1847-8 the first school-house was built, and in it the first school was taught in Dallas county. This was altogether a pri- vate enterprise, carried on by W. W. Miller at his own expense. At the same time it was free for all who desired to send their children and share in the benefits derived from the new enterprise.
Stephen K. Scovell was employed as the teacher, and, therefore, to his former list of pioneer honors must also be added this important one of being the first school teacher in the county. As a recompense for these labors he received eight dollars per month and board, for a term of three months.
In keeping with the average improvements of that date in these parts, this first school-house was a log cabin, perhaps sixteen feet square, with a clapboard roof, puncheon floor, puncheon seats, puncheon desks, and a sod- and-stick chimney which stood outside the building.
In this fire-place, which occupied nearly one end of the house entire, a great fire was built of logs and dry limbs of trees, which was kept blazing all the day long for the comfort of the inmates, some of whom had come, perhaps, for long distances through the cold and snow to lay the foundation of their future education in this pioneer school-cabin, and by those very trials and hardships learned lessons of experience which proved eminently useful to them during all their lives.
In order that it might not be all darkness within, a log was cut out on either side and a kind of elongated window was formed about one by ten or twelve feet in size.
A row of small pins placed in the logs around the insides in each chim- ney-corner, on which to hang their hats and bonnets and extra wrappings, constituted the wardrobe.
A door made of puncheons and hung on wooden hinges, closed the en- trance against the rain and cold, and the new school-house was finished, furnished and ready for use.
It was truly a rough-looking structure as compared with the more ele- gant ones of the present day. Nevertheless it was quite convenient and coinfortable, and withal it was a most important institution which, aside from the instruction received in the private household, afforded the first and only educational advantages in the county, there being as yet no gen- eral provision made by the county for public schools.
324
HISTORY OF DALLAS COUNTY.
THE FIRST CHURCH.
The first sermon preached in the county was by Rev. Thompson Bird, a Presbyterian minister of Fort Des Moines, sometime during the year 1846. We have not been able to ascertain the exact location where this important service occurred, nor the exact date of its occurrence.
Very soon after this, and during the same year, Rev. Wmn. Busick, a Radical Protestant Methodist minister, then occupying a circuit including Fort Des Moines and the surrounding country, came into this county and preached in the house of James Black, in what is now Van Meter town- ship, and soon afterward organized a small class in that vicinity.
The first church regularly organized in the county was a Christian church, in the Miller school-house, soon after that cabin was completed, and for a long time that pioneer cabin served the double purpose of a school- house and church building until better accommodations were found.
This organization was effected by Elder John P. Glenn, with a member- ship of eighteen persons. They had no cushioned seats or carpeted isles and pews then, and no costly organs and elegantly finished churches; but they rejoiced to meet together on the Sabbath and worship God in his sanc- tuary, even though it were in the rough log cabin in the humble pioneer home.
CLAIM CLUBS VERSUS CLAIM JUMPERS.
During the early settlement of all this portion of country, while the different lands were being claimed and taken up, the greater part of the first settlers banded themselves together for mutual protection in or- ganizations called " claim clubs," to prevent the encroachment of land speculators, "professional claim jumpers," and various kind of intruders who had no intention of settling here and enduring their share of the hardships and labor involved in opening up and improving a new country.
It was a perilous act for anyone outside of these claim clubs to take a claim in any of the more desirable parts of the county lest he should settle upon or interfere with some club-members' previous claim or interest, and if such a thing did occur, no matter how innocent he may have been as to his intentions of intruding, in all such cases the non-initiated could do nothing but give up his claim, improvements and all, either peaceably or through compulsion of the combined force of the club, and resignedly seek elsewhere for lands. If he did not feel like submitting to this treatment, his only hope was to join the club for protection and advice, and thus be admitted to the secrets of its plan of working.
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