USA > Iowa > Marion County > The History of Marion County, Iowa: Containing a History of the County, Its Cities, Towns, & C. > Part 48
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The infirmary, as now constituted, is well adapted to the purposes for which it is used. The arrangements and plans now in operation would re- quire but little change and additional cost if the number of inmates was largely increased.
The county supervisors and steward appear to be doing all they can to promote the comfort and well-being of the inmates. The latter are well clad and have an abundance of good, plain and substantial food.
With such facilities for receiving and caring for the poor, it is certainly proper that persons requiring aid from the county be removed to that place as soon as possible, and that in all possible cases the payment of money to out-door paupers should cease. There are doubtless exceptional cases in which it is proper to pay a weekly sum to an individual or family for sup- port but these cases are few.
From the last annual financial statement made by the auditor to the board of supervisors, it appears that during the year 1879 the sum of $1,702.34 was expended in defraying the current expenses of the poor- farm, while during the same time the sum of $5,427.01 was expended in the way of affording support to paupers outside the infirmary. It would seem that by this course of management the objects for which the infirm- ary were established are practically defeated, as the amount spent outside is many times larger than that spent inside the bounds of the poor-farm. But it is not simply a question of economy, there is also a question of prin- ciple and justice involved; it is a law of social being that every one who eats should work and if one be not able to earn a living he or she is not ex- empt from contributing at least in some way or to some extent in paying the debt conditioned on existence. Those who live off public bounty out- side the infirmary may be doing what they can, but inside a well regulated infirmary the public who pay the taxes know they are. Then again the State or county must be just, and how can it be just when it discriminates between its wards as it inevitably does when part are compelled to labor in an infirmary and others have no such restrictions thrown around them.
From the last annual statement, made by the auditor of Keokuk county to the board of supervisors, it appears that during the year there was ex-
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HISTORY OF MARION COUNTY.
pended in defraying the expenses of the poor farm, the sum of $2,709.83, while the sum expended in affording relief to poor outside the infirmary was 81,800.11. This presents a much better showing for the last-mentioned county, and is calculated to inspire the tax-payers with some confidence in the efficiency of the infirmary.
The difficulty in Marion county seems to be very largely with the town- ship.trustees, as the disposition of paupers lies almost exclusively with them and is beyond the control of the board of supervisors.
" Over the hills to the poor-house," is a sad story at best, but there is one far sadder. The writer once saw a painting which portrayed an aged In dian left to perish upon the plains, while her own children with the rest of the tribe wended their way out of sight followed by the wails of the de- serted old woman. Such is life among those who know nothing of charity.
THE DES MOINES RIVER BRIDGE.
One of the requisites of a good agricultural and grazing country is plenty of water, not water in stagnant swamps but fresh living water, flowing in streams. Marion county in this respect is peculiarly favored. It seems, however, to be a rule of universal application that nature bestows no great advantage without a corresponding disadvantage and thus a country with the great natural advantage of streams of water must submit to the great disadvantage of crossing them or accept the alternative of a vast outlay in bridging them. We have already seen that very early in the history of the county the necessity of erecting bridges was felt to be great and large sums were expended in the erection of bridges before the people even had com- fortable houses to live in.
According to the annual statement of the auditor there were expended 86,876.85 for the building and repairing of bridges during the year 1879. By the judicious and liberal expenditure of money the county has at length become so well supplied with bridges that the people no longer are subjected to danger and inconvenience in passing from one part of the county to an- other, even in the season of the year when rains are most abundant and freshets most common. These substantial structures which render the pas- sage of streams practicable have cost an immense amount of money, but the benefits arising more than warrant the outlay.
Upto the present time, however, there has existed an obstacle in the way of free communication between all parts of the county in the shape of the Des Moines River, which at certain seasons of the year is impassable. The feasibility of bridging the stream has often been discussed but the expense which such an enterprise would necessarily imply bas deterred the author- ities from carrying out the project.
The question has been submitted to the tax-payers of the county and on account of a conflict of interest decided adversely. As early as 1865 the proposition was submitted to the voters of the county and decided adversely by a vote of 863 in favor to 1,700 against it. Those most interested in the matter have at times given up all hope of a bridge and even agitated a di- vision of the county.
Unexpectedly to many, and at a time when the most sanguine friends of the measure were not looking for a solution of the problem, the board of supervisors received a proposition from responsible parties agreeing to furnish the money necessary for the erection of the bridge on very favor-
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HISTORY OF MARION COUNTY.
able terms, and the board at the June session resolved to erect the bridge forthwith. Advertisements were inserted in the county papers asking for sealed proposals and at the appointed time the contract was let to C. C. Collins for $10,259.
The location of the bridge is at Horn's Ferry, on the mainly traveled road from Knoxville to Pella. Work is now rapidly progressing on the struc- ture and it will not be long, possibly before this book is in print, till the bridge will be completed. This enterprise, like all others of public charao- ter, has called forth much bitter criticism. That the facts relating to the letting of the contract and the character of the structure may become gen- erally known and pass down to the future as a part of the permanent his- tory of the county, we give the following facts:
The contract was originally let for $10,259: the contractors entered into bonds in the penal sum of $21,000, signed by C. C. Collins, A. J. Kerr, R. H. Underhill, T. S. Cathcart and N. H. Bittenbender, and duly acknowledged in presence of D. O. Collins, notary public, for the faithful discharge of the contract.
Subsequent to letting the main contract some changes were ordered as follows: The second pier from the south side is to be of stone instead of iron, and $2,781 is to be paid the contractor, "said sumn being net sum to be paid by county for pier after deducting price of iron pier." This contract was made July 27.
August 9, another change was made, providing for six ice-breakers and also for rip-rapping to the extent of one hundred loads of loose stone at base of each pier. The compensation allowed for this extra work is 83,672.52.
A third additional contract provides for oak floor and joists instead of pine, and the "first pier from the south bank " to be of stone instead of iron. Additional cost $1,075.
These three items of additional cost amount to $7,528.52, which added to the $10,259, cost of the bridge as specified in the original contract, makes the total cost $17,787.52.
CHAPTER VII. ADDITIONAL COUNTY AFFAIRS.
Courts-Marriage Licenses-County Finances-Political-Official Directory.
THE first court was held in Marion county in March, 1846. In most counties throughout the State the first court was held the same year the county was organized. In this particular Marion county furnishes an ex- ception to the rule, no court having been held here till the year following the organization. We might possibly account for this on the hypothesis that the people of the county were exceptionally peacable, but a better reason appears in the fact that the Second judicial district, of which Ma- rion county originally formed a part, was so large that the judge could find no spare time to hold court here till the time mentioned. There was as yet no place at the county seat suitable for holding court, and when the court finally was held it met at Conrey's claim-pen, before mentioned as the place where the county commissioners held their first meetings. However it must not be supposed that the absence of courts during the first year of the county's history can be accounted for from the fact that there was no suitable place to hold court. Courts in those days were independent of court-houses.
898
HISTORY OF MARION COUNTY.
There is every reason to believe that had the judge found time to visit the county in an official capacity the absence of a court-room would not have presented an insurmountable obstacle. In certain counties the first courts were held in private houses and there is at least one instance in the old Sec- ond judicial district where court was held out of doors. In the old county of Slaughter Judge Irwin tried a case under the shade of a grove of cot- tonwood trees, and when the evidence was all in and the judge had given his charge, the jury retired to an adjoining slough to consider a verdict.
As before remarked the first term of court was held in Marion county in March, 1846. The following is from the record:
"TERRITORY OF IOWA, " MARION COUNTY.
"At a District Court in and for the county of Marion, in the Territory of Iowa, begun and holden at Knoxville in said county, on the thirtieth day of March, A. D. 1846; present the Hon. Joseph Williams, judge of the Sec- one judicial district in and for the said Territory, and Thomas Baker, for the United States, district attorney, and John B. Lash, for the United States, marshal of said Territory, L. W. Babbitt, clerk of the District Court, and Thomas Baker, district attorney for the Eleventh district of said Territory, and James M. Walters, sheriff in and for said county; whereupon said sher- iff returned his venire for a grand jury on the part of the Territory, and the marshal aforesaid returned into court his venire for a grand jury on the part of the United States, whereupon the following persons; to-wit., John B. Hamilton, Asa Koons, Samuel Buffington, Edward Billups, J. S. West, Ose Mathews, James Chesnut, John H. Bras, Samuel H. Robb, Nelson Hill, Martin Neal, Stanford Doud, Alexander May, William Carlysle, C. Sharp, David Gushwa, Thomas Gregory, L. G. Terry, John T. Pearce, Garrett W. Clark, Christopher Cox, M. Livingston and Conrad Walters, all good and lawful men, being duly elected, impaneled, charged and sworn on the part of the United States and Territory of Iowa, retired in charge of Allen Lowe, who being duly sworn as constable in charge of said grand jury, to consider of such, matters and things as may come to their knowledge and charge; and the sheriff aforesaid, return his venire for petit jury, where- upon the following persons; to-wit., Robert Hamilton, Nathan Bass, George Gillaspy, Claiborn Hall, Alfred Vertrice, John Williams, John Whitlatch, William Buffington, Mathew Ruple, Joseph Clark, Nathan Tolman, James Botkin, Moses Long, Elijah Wilcut, Reuben S. Lowry, David Sweem, Benjamin Spillman, John Wise and Andrew Foster, all good and lawful men, appeared and answered to their names as petit jurors for said court. "Ordered that the court now adjourn until nine o'clock to-morrow morn- ing.
"J. WILLIAMS, Judge.
"Tuesday morning, nine o'clock, March 31, 1846, court met pursuant to adjournment; present same judge.
"UNITED STATES v8: Appeal.
" HENRY HALL.
"This cause came on for trial and on motion of the defendant's attorney this cause is dismissed and the said defendant go hence without day.
897
HISTORY OF MARION COUNTY.
"On motion of the district attorney it is ordered by the court that James Trillie be appointed bailiff in attendance upon the grand jury in addition to the one heretofore appointed."
"UNITED STATES
Us. Recognisance to keep the peace.
"F. M. CLINTON.
" This cause came on for trial, and being heard by the court, it is ordered that the defendant be discharged on payment of costs of this prosecution. It is therefore adjudged by the court that the plaintiff recover of said de- fendant the costs of this prosecution, taxed at seventeen dollars and four- teen and three-fourths cents, and that execution issue therefor."
"EDWARD H. THOMAS
08. Appeal.
" THE BOARD OF COM- MISSIONERS FOR THE COUNTY OF MAHASKA. J
Change of venue from Mahaska County.
" And this day the transcript and papers in this suit were filed in open court.
"Tuesday Morning, March 31st, 1846; present, the Hon. Joseph Williams, judge, etc. And this day this cause came on to be heard, and thereupon came the plaintiff and the defendant, by its attorney, as also a jury of twelve good and lawful men of the county; to-wit., Robert Hamilton, Nathan Bass, Claiborn Hall, John Williams, William Buffington, Matthew Ruple, Joseph Clark, Nathan Tolman, James Botkin, Moses Long, Elijah Wilcut, John Whitlatch, who were duly sworn, well and truly to try the issue joined be- tween the parties.
" And the allegations, proofs and arguments of counsel being heard the said jury thereupon retired in the custody of a proper officer, duly sworn, to consider of their verdict, and afterward, on the day aforesaid, the said jury returned into court the following verdict:
"' We, the jury, find for the plaintiff, and assess his damages at three hundred and twenty-five dollars.'
" Whereupon, it is adjudged by the court that said plaintiff have, and recover from said defendant, his damages in this assessed at three hundred and twenty-five dollars; as also his costs by him in this behalf expended, taxed at twenty-three dollars and six cents, and that execution issne there- for."
According to the docket of this term of court the bar was represented by the following galaxy of legal luminaries: Alley, Baker, Peters, Temple, Chapman, Olney, Gray, Summers, Wright, Ross, Calkin, Stanfield and Bis- sell. Some names in this list have since become very familiar to the peo- ple of the whole State; at least one of the number became a member of the Supreme Court and two of them became judges of the District Court.
The persons summoned as petit jurymen were as follows: Robert Ham- ilton, George Gillaspy, Claiborn Hall, Alfred Vertrice, John Williamns, John Whitlatch, William Buffington, Matthew Ruple, Joseph Clark, Na- than Tolman, James Botkin, Moses Long, Elijah Wilcut, Reuben S. Lowry, David Sweem, Benjamin Spillman, John Wise, Andrew Foster.
During the early days when the country was half civilized and half sav-
898
HISTORY OF MARION COUNTY.
age, when but an imaginary boundary line separated the Indians from the whites, and such a wide extent of country was entirely unsettled and unin- habited, quite a number of vicious and dishonest characters infested the country. Among the number of such there was no one who gained a wider notoriety or figured more extensively in the courts of the county than Jonas Casner. His name is to be found on the first court records of the several counties in Iowa, and it seems that he figured in the first legal pro- ceedings here, as witness the following:
"ELIAS FULLER
v8. Assumpsit.
" JAMES CASNER,
" HENRY CASNER.
"This day comes Jonas Casner, who is sued by the name of James Cas- ner, one of the defendants in this canse, and files his plea in abatement for misnomer, which plea is sustained by the court, and leave granted to said plaintiff to withdraw the papers in this canse, and judgment rendered against said plaintiff and in favor of said defendants for their costs in this behalf expended, taxed at eighteen dollars and forty-eight and three-fourth cente. "
On one occasion, when Fort Des Moines was still a government post, Jonas was arrested by order of Captain Allen, and tried by court-martial, on charge of stealing horses of the Indians. The charge could not be sat- isfactorily proved, so Allen handed Casner over to the Indians with in- structions to whip him and let him go. A short time after receiving this castigation Casner stole a horse from a man by the name of Fish. Fish was returning from Keokuk with a load of. goods and the horse was stolen while he was encamped for the night near the Des Moines River. Upon awakening in the morning and finding that one of his horses had been stolen or had strayed, Fish proceeded to an Indian encampment near by to inquire for the missing animal. Not finding the horse Fish prevailed upon the Indians to loan him one of their horses to ride while further searching for the missing animal. After having ridden for some distance, and just as he was emerging from a thick growth of timber, Jonas Casner came riding up to him, mounted upon the very horse he was searching for. He rode up along side the unsuspecting Fish and in a second, without betray- ing the least excitement, drew a large knife, cut the girth of Fish's saddle, and by a quick thrust threw the rider to the ground, and grasping the rein of the horse galloped away with both horses. As soon as Fish recovered from his fright and his wits returned he began to realize his deplorable con- dition. He returned to the Indian encampment and the aboriginies came very near killing him for not bringing back their horse. He was a verita- ble fish out of water, and tradition does not state how he managed to pac- ify the Indians and get his goods to their destination.
There were at this, the first term of court, eight cases in all tried. They were as follows:
Wm. M. Blakenship vs. John Johnson, Thos. Johnson, Wm. McCord. Thomas Johnson vs. Wm. M. Blakenship. Elias Fuller vs. Jonas Casner, Henry Casner.
Josiah Allison vs. Asa Hughes, Samuel V. Hughes, Joshua Lindsey.
898
HISTORY OF MARION COUNTY.
Levi Bainbridge vs. Isaac B. Power. John Rods vs, Isaac Power; James Caldwell. E. H. Horras vs. Board of Commissioners of Mahaska county. United States vs. Robert D. Russell.
The second terin of court was held in the fall of 1846, beginning on the 21st of September. It appears that the judge was not present on the first day of the term and court was adjourned until the following day when the following record was made:
" Tuesday morning, nine o'clock, September 22, 1846, the court met pur- suant to adjournment; present, Hon. Joseph Williams, judge of the Second judicial district in and for said Territory, and Thomas Baker, for the United States, district attorney, and John B. Lash, for the United States, marshal of said Territory, and Thomas Baker, district attorney for the Eleventh dis- trict of said Territory, and L. W. Babbitt, clork of the District Court, and George Gillaspy, sheriff in and for said county; whereupon said sheriff returned his venire on the part of said Territory, and the marshal aforesaid returned his venire for a grand jury on the part of the United States, where- upon the following persons; to-wit., Jonas Casper, Thomas Morgan, G. B. Greenwood, Daniel Kyger, Elias Williams, Jesse Glenn, Walker Lindsey, James Clifton, Joshua Lindsey, Eli Furman, Mordecai Yearns, William Carlysle, Joseph Tong, John Riddle, John James, Thomas Thompson, John Camplin, Stanford Doud, Green T. Clark, J. S. West and Garrett W. Clark, all good and lawful men, being duly elected, impaneled, charged and sworn on the part of the United States and Territory aforesaid, retired (in charge of James Willis, who being duly sworn as constable in charge of said grand jury) to consider of such matters and things as may come to their knowledge and charge. And the sheriff aforesaid returned his venire for a petit jury, whereupon the following persons; to-wit., Thomas Tong, John P. Glenn, William G. Hughes, James M. Brous, Hezekiah Gay, Nathan Bass. Jacob Noftsger, John Babcock, Reuben S. Lowry, Joseph Clark, John T. Pearce, John Wright, Henry Hall, Samuel Glenn, Josiah Bullington, George Wise, Francis A. Barker, Samuel Tibbott, all good and lawful men, being called, answered to their names as petit jurors for said court."
The statement that Jonas Casner's name appears with a list of names which represent all good and lawful men may sound strange after what has already been said of Jonas. The statement, "all good and lawful men," was, however, used in a technical sense, and then, as now, was not unfre- quently a striking misnomer.
The liquor question has ever played a prominent part in the courts of Marion county, and at this, the second term of the District Court, there was a batch of such cases which came up for adjudication, as witness the following:
" UNITED STATES 08. Selling spirituous liquors without license.
" ROBERT D. RUSSELL.
"Now comes the said defendant and files his ples in abatement in this canse, and the matters and things contained in said ples being argued by council and heard by the court, said ples in abatement is sustained by the court. It is therefore adjudged by the court that the indictment and proso-
400
HISTORY OF MARION COUNTY.
cution in this cause be abated and that said Robert D. Russell be acquitted and go hence without day.
" UNITED STATES v8. Selling liquor without license.
" JOHN HILL.
" Now comes this day defendant and files his plea in abatement in this cause, and the matters and things contained in said plea being argued by counsel and heard by the court, said plea in abatement is sustained by the court. It is therefore adjudged by the court that the indictment and prose- cution in this cause be abated and the said John Hill be acquit and go hence withont day.
" UNITED STATES - 08. Selling liquor without license.
" JOHN H. MIKESELL.
" Now comes the defendant and files his plea in abatement in this, and the matters and things contained in said plea being argued by counsel, and heard by the court, said plea in abatement is sustained by the court. It is therefore adjudged by the court that the indictment and prosecution in this cause be abated and that said John H. Mikesell be aquit and go hence with- ont day."
Unfortunately for persons engaged in the " grocery " business, suits of this kind have not always resulted so favorably to the defendants. Yet, notwithstanding the heavy penalties often assessed, the poor liquor dealer we have always had with us.
During the term the record says that David T. Durham was appointed special constable to serve subpoenas for the grand jury.
During the year 1847 there were two terms of court held, one in July and one in October. The following attorneys practiced in the county at that time: Stanfield, Hooton, Temple, Seevers, Summers, Wright, Knapp, Gray, Peters, Atchison, Slagle, Sawyer, Hendershott, Cowles, Alley, Hen- dray, Negus. Several of these resided elsewhere, and were at Knoxville only at the different terms of court.
In 1848 there were two regular terms of court, one in May and one in November. There was also a special term in August.
It was during the May term of this year that the first divorce case ap- pears on the docket. It is entitled :
HOMER S. MATTHEWS
v8. MELISSA MATTHEWS.
The record says that on March 21, 1848, the bill was filed and subpoenas issued, bill copied, fees $1.30. May 8, 1848, case called and motion for order of publication sustained.
On assuming the duties of judge of the judicial district, Cyrus Olney, who succeeded Judge Williams in 1847, made the following order:
Ordered,.That the clerk procure, at the expense of the county. eight (8) copies of the rules of this court for the use of the court and clerk, to be carefully kept in his office, and a copy attached to the court docket at each term.
By the court,
CYRUS OLNEY, Judge.
401
HISTORY OF MARION COUNTY.
We make the following extracts from these rules:
" Pleading-The defendant may put in at the proper times and in the proper forms, such defense by motion, demurrer, plea or otherwise as he thinks fit, to be taken up in their order; and he cannot, after the roll-call on the second day of the appearance term, or other time of pleading fixed by special rule in the particular case, put in any other defense by way of addition or substitution, except by leave and discretion of the court upon motion and cause shown.
"Continuances-Unless the court for cause shall otherwise direct a party obtaining a continuance on special application for his own benefit, must, if his motion be not opposed, pay the costs of the term which are rendered unnecessary by such continuance, or which may require to be repeated in consequence thereof; but if the motion be opposed, he must pay his own costs only.
"Costs-In other cases than of trials, four witnesses only, if there be so many, of the one party may be taxed against the other, unless the court shall otherwise direct; an application to increase or reduce the number must be made during the term. A non-resident plaintiff may be ruled to secure the costs of suit on motion made as soon as possible, supported by affidavit of such non-residence, or of belief thereof, or of ignorance of the plaintiff's residence or address. The motion will be denied on proof that the plaintiff's residence and address are within the State.
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