USA > Iowa > Marion County > The History of Marion County, Iowa: Containing a History of the County, Its Cities, Towns, & C. > Part 49
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"Arguments-But two counsel on a side will address the jury without leave of the court previously obtained. When a cause in which the plain- tiff has the affirmative in pleading is to be submitted to the jury on matter of defense to a prima facie case, the court may reverse the order of argu- ment, or direct one party to open and the other to close.
"Dofaults-A motion to open a default must be accompanied by a plea and an affidavit of the reason of the delay to plead, and satisfying the conrt that there is a meritorions defense to the action."
It has been stated already that Marion county upon its organization be- came a part of the Second judicial district. It continued to be a part of that district until 1847, and Judge Joseph Williams presided. The first term of court held by Judge Williams' successor was in June, 1847; Ma- rion county then became a part of the Third judicial district and Cyrus Olney was judge. Judge Olney was succeeded by William McKay, who held his first term of court at Knoxville, beginning May 21, 1849. Judge Mckay served till 1854, when the Legislature again re-districted the. State; by this new arrangement Marion county became a part of the Fifth judi- cial district, and P. M. Casady, of Des Moines, was elected judge. Mr. Casady, however, resigned without holding a term of court. C. J. Mc- Farland was appointed by the Governor to fill the vacancy; he was elected to the position at the next regular election and remained judge of the Fifth judicial district till 1857, when he was succeeded by Wm. M. Stone, who served in that capacity till 1861. In 1861 there was another re-arrange- ment of judicial districts, and Marion county becaine a part of the Sixth judicial district. Wm. Loughridge, the first judge of the new Sixth dis- trict, held his first term of court in Knoxville, beginning December 9, 1861. He was succeeded by E. S. Sampson, whose first term in Marion county begun on the 12th day of March, 1867. Judge Sampson served two judi- sial terms of four years each and was succeeded, in 1875, by H. S. Wins- low, whose first court in Knoxville began March 1, 1875. J. C. Cook suo-
408
HISTORY OF MARION COUNTY.
ceeded Judge Winslow in 1879, his first term of court being held in Knoxville, beginning January 13, 1879. He is the present incumbent, his term of office not expiring till January 1, 1883.
The Circuit Courts of the county were established by the Legislature during the session of 1867 and 1868, The first incumbent of this office were chosen at the general election in November, 1868, and assumed the duties of the office January 1, 1869. The first person chosen to preside was Lucien C. Blanchard. Judge Blanchard was an incumbent of the office twelve years, exceeding that of any other judge who has presided over the courts of Marion county; his term expired January 1, 1881, his successor being W. R. Lewis, of Poweshiek county.
Among the judges of the District Court Williams and McFarland were the most eccentric, and on account of their eccentricity were the most widely kuown.
The following incident illustrating some of Judge Williams' traits has already been related by Mr. Donnel; we reproduce it:
" It occurred during the first term of the District Court at Knoxville. Most of those attending court were boarding at Babbitt's, and it so hap- pened that one night the little boarding-house was so full that it was barely possible for all to find sleeping room. The judge, with lawyers Knapp, Wright and Olney, were supplied with beds in the lower story, whilst the jurors with numerous other attendants found room to stretch themselves upon the loose upper floor, using blankets, coats and whatever else they had provided for beds. When after much ado they had all settled down for a nap, they were suddenly startled by the terrible squalling of what seemed to be a couple of tom-cats in mortal combat in the room. Instantly all hands were up and in search of the supposed disturbers; but no cats could be found and the surprised boarders returned to their beds without any very satisfactory conjectures as to the whereabouts of the noc- turnal brawlers. But they had hardly composed themselves again for rest when the loud and boisterous growling and snapping of belligerent bull- dogs, apparently in their very midst, brought them all up standing. And then followed an uproar such as language could give but an indistinct idea of -the dogs maintained the combat with mingled growling, barking and whining, and the men with all the noise they could make to oust them from the room. How they came to be there was a wonder indeed, but the evidence of their presence was too unmistakable to admit of a doubt, even in the total darkness. Presently the fight ceased, and with that the gen- eral uproar abated. Then came a solution of the mystery. The judge and lawyers could no longer restrain their merriment at the expense of the frightened and mystified lodgers up-stairs, but light came in a gush of laughter that quickly reminded some of the company that the judge was a ventriloquist and had undoubtedly just played them one of his mysterious tricks. But so far from being offended at it, they took a sensible view of its ludicrousness and all joined heartily in the laugh.
Those of the old settlers who remember Judge Williams have not forgot- ten how ardent an advocate of total abstinence he was. It was his custom when holding the first term of court in a new county to organize a tem- perance society. It was not properly a part of his official business and the meeting was of course not held during court hours. The time for his temperance meeting usually was the evening after the first session of court. He was an orator of no mean ability, and especially when warmed up with
408
HISTORY OF MARION COUNTY.
is favorite theme his efforts would not suffer by being compared with those : the ablest apostles of temperance in modern times. His musical talent as far above the average and often after delivering a temperance lecture ill of eloquence, interspersed with humor he would sing a favorite song lled " Little Billy Neal" with an effect seldom surpassed, calling up an plause of such hearty, boisterons delight as had seldom greeted a star stor. He was master of most musical instruments but for drawing tunes it of that sweetest toned of all-the fiddle, he was particularly distin- nished. From this it is readily understood how Judge Williams managed make his temperance meeting, on the evening of the first day of court, interesting and how he managed so successfully to reach the hearts and nsciences of that, the most eligible class of candidates for temperance re- rm-the lawyers. After his address all persons were called upon to sign le pledge. The pledge was very brief and simple, as brief and simple erhaps as any which have been used. It was as follows:
" We, the undersigned, by hereunto setting our names, pledge our sacred ›nor, each to the other, that we will abstain from all intoxicating drink as beverage."
On the evening after the first court day in Keokuk county he received ore than seventy-five names to the pledge, including all the lawyers and rymen. In Mahaska county he was even more successful. more than one indred and twenty five signing the pledge there. It is not best for the orld to know how many who signed at Knoxville fell from grace so we frain from publishing the list. It will be enough for the reader to know at in the list were the well known names of L. W. Babbitt, George Gil- spy, ex-Supreme Judge and ex-United States Senator George G. Wright, id that of one of Knoxville's oldest and most respected citizens. Admiral . Miller, Esq.
After having accomplished an honorable and long career on the district inch Judge Williams was nominated by the Democratic party for the of- e of Supreme Judge to which he was elected in 1847, and again in 1849, id continued in the office till 1855. Judge Williams was always a stannch emocrat and the party to which he belonged falling into the minority, he is retired at the close of a long and illustrious career. What became of 'illiams is not definitely known, as he achieved no prominence after bis tirement from the supreme bench; it is reported that he removed to ansas many years ago where he recently died.
Judge McFarland was probably one of the most eccentric gentlemen who or occupied the bench in this or any other judicial district of the State in rly or later times. He was a man of fine appearance and one who would ve attracted attention anywhere. He had a luxuriant beard which he per- itted to grow at full length, and always wore it in that style. He was.a legate to the convention at Cincinnati which nominated James Buchanan : President. It appears that McFarland was foreman of the Iowa dele- tion, and as such acted a very conspicuous part in the deliberations of that nvention. A correspondent for a St. Louis paper, in giving account of proceedings of the convention, took occasion to criticise the several legations, alluding in rather a facetious way to the personal characteris- s of some of the more prominent men. In speaking of the Iowa delega- a he referred to McFarland as a man with a flourishing crop of whiskers 10se extravagant luxuriance, doubtless, exhausted such a large proportion nutriment as to greatly impoverish the nerve centers of the brain,
404
HISTORY OF MARION COUNTY.
When McFarland saw the criticism he vowed vengeance against the incor- rigible reporter, and doubtless would have given him a thorough castiga- tion could he have found him.
Many anecdotes, relative to the eccentricities and peculiarities of this gentleman, are repeated by the early members of the lowa bar. He first became judge by appointment of the Governor, on the resignation of the Hon. P. M. Casady, judge of the Fifth judicial district. This district consisted of quite a number of organized counties, among others Polk, to which we attached for revenne and judicial purposes a large tract of unorganized ter- ritory to the north and west, including what is now Boone county. Before the expiration of the term of office which Judge McFarland held by ap pointment Boone county became organized.
It seems that the act providing for the organization of Boone county failed to make any change in the relation which all that unorganized terri- tory to the northwest originally sustained to Polk county; consequently, so far as the statutes were concerned, that territory was still a part of Polk county, while practically it was totally cut off from Polk by the organin- tion of Boone county.
Thus matters stood when McFarland went before the people for election to the office of judge. There was quite a number of settlers scattered throughout the unorganized territory referred to and which belonged to the Fifth judicial district; being of the proper age and citizens of the United States they had a right to vote. When election day came no provision had been made for the opening of polls in the district referred to but the settlers waiving all formality proceeded to take a vote; those who were in favor of McFarland took their position in a row on one side of an imagi- mary line and those who opposed him took the other side. Nearly all the people there voted for McFarland and the result was transmitted to the board of state canvassers the same as regular formal elections. The ro- sult of the canvass showed that McFarland was elected, counting the vote of the unorganized territory; but by throwing out the returns from that re- gion his opponent were elected. The board of canvassers declared him to be elected and issued to him a certificate to that effect. Steps were taken to contest the election and John A. Hull, now of Boone, carried the case before the proper tribunal. It was shown that the vote in question had been cast without any form of law but it was held that unless the contest- ants could show fraud the vote must be counted as cast. It seems that a short time prior to this election Mr. Hull had borrowed of the judge a bar- rel of lime, and when the latter ascertained that Hull was taking measures to contest his election, sued him for the price of the lime. Hull paid the bill to the magistrate but in the meantime the irate judge was somewhat pacified and refused to receive the money from the justice; Hull also re- fused to take it and the proceeds of that judgment still constitute a portion of the assets of that justice or his heirs.
After retiring from the bench Judge McFarland resided at Boonsboro. leading a dissolute life until the time of his death. One incident connected with his residence in Boonsboro is worth reproducing here.
It was customary in earlier times, as our readers are all aware, to encour. age the establishment of newspapers in new towns. In 1858 a man named Dennison established the Boone County Democrat. Judge McFarland subscribed fifty dollars toward raising a fund to aid in establishing the pa- per. He did not pay the money and Dennison brought suit for the amount
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HISTORY OF MARION COUNTY.
f the subscription. In way of defense the judge claimed that the money ad been subscribed to aid in the establishment of a Democratic paper, and at Dennison had totally failed to carry out his part of the contract; that e had not advocated pure Democracy as laid down in the Cincinnati latform; that he had not vindicated the party in regard to the Kansas- Tebraska act, nor defended the Supreme Court in its decision of the Dred cott case; that the policy of said paper was not of a character to consoli- ste the universal Democratic party upon the acquisition of Cuba and outh America, and the general spread and elevation of the American eagle. To this answer the plaintiff demurred as follows:
1st. Said count does not show that the Democratic party ever had any rinciples, or what those principles were, or whether or not they existed at ne time of contract.
2d. It does not show that the said constitution and Cincinnati platform 'ere sufficient to support said supposed principles of said supposed party. 3d. It does not sufficiently state what the action of the Democratic arty was or was expected to be in regard to the Kansas act at the time of gning contract.
4th. It does not charge that said plaintiff promised that he would sup- ort the Supreme Court decision in the Dred Scott case, or that said prin- iples were ever comprehended by the defendant, or that the defendant had Dy interest in the propagation of slavery as advocated by the said court.
5th. The said answer does not show that the said universal Democratic arty was ever split upon the acquisition of Cuba, or the general elevation nd spread of the American eagle.
6th. It does not show wherein said paper has failed, or defendant suf- sred damage by reason of being at any loss to know what said principles 'ere through the negligence of the plaintiff, or that there ever was one rinciple of said party sufficiently large to be fully comprehended by said efendant.
The case was finally settled by McFarland paying the costs.
The following anecdotes are related of the judge, and their truthfulness ouched for:
Court had just been proclaimed one morning, the lawyers were standing Ily about, the judge on the bench, when a very awkward looking and ims olite individual from some timbered region, recently elevated to dutie- nd emoluments of justice of the peace, entered the door and strode up the isle, and with hat on and hands in his pockets, stopped immediately in ont of the judge's desk.
" What do you want?" inquired the judge.
"I'm 'lected squire and want to be qualified," answered the interloper.
" I'll swear you," said the judge, " but all h-I can't qualify you.
On another occasion court was in full blast when a terrific thunder-storm ame np, and between the thunder, lightning and rain the judge was una- le to hear a word that was said. Springing from his seat, the judge cried at at the top of his voice: "Court's adjourned; the Almighty has in- aded my district and there is no provision for concurrent jurisdiction; I ithdraw."
Two individuals, acquaintances of McFarland, living in one part of the dicial district had occasion to visit another part of the district where the idge was holding court. Having transacted their business, which had
408
HISTORY OF MARION COUNTY.
reference to the purchase of some lumber, they concluded to look in upon the court. It was a warm day, the doors of the court-room were ajar and the judge, as usual, was about half drunk and asleep. Being awakened by the noise of footsteps and beholding the visitors standing in the doorway, he arose, stopped the further progress of the case on trial, and proceeded to say:
" I behold two candidates for admission to this honorable bar. I appoint Messrs. Wood and Barnes to retire with the candidates and examine them touching their qualifications." It is said the committee retired with the visitors to the rear of the building and having fully tested their familiarity with the uses of a pint flask, returned into court and reported that they had passed a creditable examination, whereupon they were actually admitted to the bar as regular commissioned attorneys.
McFarland was a man of fine personal appearance, and by nature richly endowed with more than ordinary ability. Had it not been for his intem- perate habits and a deplorable lack of culture he would undoubtedly have arisen to great distinction as a jurist. As it was he as frequently delayed or defeated justice as he advanced or administered it, and after years of in- dulgence and license, died a most frightful death. A true portrayal of his career would be a most effectual temperance lecture.
FINANCES.
During the early history of the county revenues were light and the rate of taxation, although much less than now, was regarded as very onerous by the poor, struggling settler. During the first few years county expenses ranged from fifteen hundred to two thousand dollars. The books were not kept in a very systematic manner, and it is difficult now, even as it must have been then, to so far understand the system of book-keeping as to be able with certainty to ascertain the exact condition of county finances. This much we do know, that with the very limited resources at their com- mand the persons whose duty it was to manage county affairs kept the ma- chinery in operation and no large debts were contracted.
The following will afford some idea of early county finances, and early county book-keeping.
In July, 1852, Claiborn Hall, county treasurer, made a settlement with the county judge from which we are enabled to form a good idea of the county finances at that time:
ROAD FUNDS.
October 16, 1851, road and poll-tax $ 1,891.39
April 9, 1852, interest. 4.85
July 5, 1852, certificates 258.45
July 5, 1852, interest .. 13.78
July 5, 1852, error .79
July 5, 1852, amount assessed
71.69
Total
$2,240.93
HISTORY OF MARION COUNTY. 407
ly 5, 1852, warrants
935.82
ly 5, 1852, warrants 673.08
ly 5, 1852, warrants 58.97
ly 5, 1852, warrants
250.71
ly 5, 1852, warrants.
136.93
ly 5, 1852, balance on hand
184.77
Total
$2,240.23
COUNTY FUND.
tober 16, 1851, tax-list
$ 3,296.83
tober 16, 1850, tax-list 516.15
tober 16, 1849, tax-list
186.20
tober 16, 1848, tax-list
188.06
tober 16, 1847, tax-list
79.15
terest on taxes of 1849
2.26
terest on taxes of 1850
21.52
id over by ex-treasurers
190.00
vid Durham's ferry license
9.00
anfield
.50
terest on taxes of 1851
9.84
terest on taxes of 1850
14.08
terest on taxes of 1849
3.11
terest on taxes of 1848
2.91
terest on taxes of 1847
2.01
ne 14, 1890, Brobst's donation
100.00
ly 5, 1850, from collector
27.47
ly 5, 1850, errors
2.60
ly 5, 1850, interest collected 1851.
29.69
ly 5, 1850, interest collected 1850
11.12
ly 5, 1850, interest collected 1849
3.65
ly 5, 1850, interest collected 1848
.39
ly 5, 1850, interest collected 1847
.54
ly 5, 1850, certificates
297.67
Total
$5,194.72
nnary 5, 1852, warrants paid
$1,543.30
bruary 18, 1852, orders paid
189.75
ril 9, 1852, orders paid.
1,244.31
ly 5, 1852, warrants paid.
784.94
linquents on taxes of 1851
200.15
linquente on taxes of 1850
345.0
linquents on taxes of 1849
160.01
linquents on taxes of 1848
180.56
linquents on taxes of 1847
76.71
linquent errors
48.10
Total
$ 4,773.03
Balance in treasury
421.69
408
HISTORY OF MARION COUNTY.
TOWN FUND.
September 9, 1851, received from ex-treasurer. 111.81
August 14, 1851, from county judge. 1.65
August 16, 1851, from county judge
15.15
August 21, 1851, from county judge
19.55
August 22, 1851, from county judge.
25,50
August 28, 1851, from county judge. 19.71
December 15, 1851, from county judge
99.57
December 26, 1851, from county judge.
45.69
January 28, 1852, stove-pipe sold ..
.60
February 25, 1852, from county judge.
49.63
March 3, 1852, from county judge
7.00
April 5, 1852, from county judge
120.98
June 5, 1852, from county judge.
75.11
June 5, 1852, from county judge
25.00
Desk sold
12.00
Total.
$643.86
September 9, 1841, warrants paid
111.81
October 6, 1851, warrants paid
72.44
January 8, 1852, warrants paid
172.74
April 9, 1852, warrants paid
226.61
July 5, 1852, warrants paid
83.01
Total.
$666.61
Amount overdrawn, $19.75.
The resources of the county in 1852 may be estimated from the following: ASSESSMENT FOR 1852.
ITEMS.
NUMBER.
VALUATION.
Lands ..
140,335|%
444,000.06
Town lots
629
41,028.37
Horses.
1,692
58,933.00
Mules.
231
1,680.00
Neat cattle.
68,801
62,623.00
Sheep.
5,272
3,824.25
Swine.
10,661
9,010.51
Capital in merchandise
25,820.00
Capital in manufacturing
4,121.50
Vehicles.
708
24,564.69
Moneys and credits
43,006.85
Furniture
5,609.60
Corporation stock.
4,785.50
Boats or vessels
.....
131.50
Annuities.
25.00
Ferry franchise
·
260.00
Other personalty.
16,955.35
Polls.
1,172
586.00
Total valuation.
746,965.11
...
Daniel Hund
411
HISTORY OF MARION COUNTY.
The following summary of taxes levied for the year 1859 on the above assessment, and delinquent taxes for previous years cannot fail to be of in- terest:
" SEPTEMBER 11, 1852.
"Received of Joseph Brobst, county judge of the county of Marion, State of Iowa, the tax-list for the year 1852, being in the aggregate as follows:
County tax, including poll
2,320.48
State tax, including poll
908.23
School tax, including poll.
805.74
Road tax on personality
2,078.04
Road tax on real estate.
400.02
Delinquent county tax for 1850-1
545.35
Delinquent State tax for 1850-1
206.94
Delinquent road tax for 1850-1.
850.71
Delinquent school tax for 1850-1
40,88
Amounting to
87,066.34
" I have this day received for collection, being the taxes as set forth for the above years named, including delinquent tax, amounting to seven thousand and sixty-six dollars and thirty-four cents.
" CLAIBORN HALL "Treasurer Marion County."
Passing over a period of three years we give assessment for 1855: ASSESSMENT BY TOWNSHIPS FOR 1855.
TOWNSHIPS.
LANDS.
LOT8.
TOTAL.
Clay.
$ 86,142|8
128,428
Dallas
96,358
2,121
117,178
Indiana
142,028
2,995
183,557
Knoxville
275,233
53,187
470,760
Franklin
81,073
87,748
Liberty.
109,387
1,875
146,891
Lake Prairie.
166,624
84,015
375,704
Pleasant Grove.
122,267
5,222
179,303
Perry
45,737
290
61,797
Red Rock.
74,213
11,770
123,956
Swan.
59,095
89,968
Union
65,672
88,851
Washington.
76,784
2,030
115,653
Summit.
89,002
122,559
Polk
81,824
255
104,250
Total valuation.
$2,405,597
The foregoing tables we have compiled with great care and considerable labor, believing that they will be of great interest in instituting a compar- ison with like tables for the last year, which will be given farther on.
26
418
HISTORY OF MARION COUNTY.
Be it said to the credit of the county officials that although their salaries were meager and their work laborous, they as a rule discharged the duties confided to them with scrupulous honesty, and with probably one or two exceptions their character was never so much as tainted with the breath of suspicion. That a few exceptions to this general rule of honesty and in- tegrity did exist in early times, as well as in more recent times, does not prove that Marion county officials have been less upright than the general average, but simply establishes the fact that the general average is consid- erably below perfection.
He who records the deeds of his fellow men must reproduce the bad along with the good, and while it is his priviledge to submit as models the records of the wise, the honest and the upright, it is likewise his duty not wholly to ignore the record made by the foolish, the dishonest and the prof- ligate, who by misdemeanor in office and misappropriation of money have betrayed their sacred trust, defrauded their best friends and left behind them a record, the contemplation of which arouses no pleasant memories.
The tourist, if his travels be at all extended, beholds not only grand mountains, magnificent forests and luxuriant vegetation; at times he must plunge into miasmatic swamps and cross dreary deserts, and mingled with the notes of joy will come wafted to his ear the wail of despair. Thus it is with one who journeys back through the musty records of the past-even those humble volumes which constitute the archives of the county; he will find there the record of those who were proof against the sorest temptation, whom the lust for money could not buy nor the voice of flattery swerve; and again, like the tourist in the miasmatic swamp, will he come to places where all he can do is to hold his nostrils and wade.
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