USA > Iowa > Boone County > The history of Boone County, Iowa, containing biographical sketches war records of its volunteers in the late rebellion, general and local statistics, portraits of early settlers and prominent men, history of the Northwest, history of Iowa, map of Boone county etc. > Part 47
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At that time as well as now, doubtless, there was a good per cent of worthy, influential citizens who, so far as their own desire for official posi- tion was concerned, were entirely disinterested in the political canvass. These persons sought no such positions for themselves, and would not accept one if offered. Public applause and criticism were not at all coveted by them. Nevertheless, they were as deeply interested in the welfare of the county as any other citizen, and had a decided preference for those who should receive their votes. They desired to entrust the county government to efficient, trustworthy men, who were willing to assume the responsibility, and capable of conducting it in an efficient and capable manner, while they themselves were content to engage in some other department of the county's progress, more congenial to their tastes and dispositions. On the other band, there were always enough of those who would accept these official positions-more or less reluctantly or cheerfully-if duly elected, or urged a little to fill them; so that it was soon found the various offices were not sufficient to give each of the aspirants a position. Evidently some of these must gain the honored distinction, while others must be left out, part of whom, doubtless, would be disappointed not a little over their defeat.
Who, then, of these various aspirants, were the best qualified to fill these several positions? Who had the most deserved claim on the public support? Who were the shrewdest political tricksters and wire-pullers? Who, of all the number, could wield the most extended and effective influence, either by honorable or, it may be, by unfair means in securing the majority vote? These, and many other questions of similar character, would quite naturally arise, even in the minds of early settlers, as the memorable election day drew near, when they must each receive a decisive answer at the ballot-box.
In looking over the history of county affairs in early times during the
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HISTORY OF BOONE COUNTY.
supervision first of the board of commissioners, and then under the super- vision of the county judge, we are led to believe that these questions were answered in the main correctly. If the officers selected were frequently those whose chief recommendation was the fact that they were the most prominent leaders of the then dominant party, and their election to office, as well as their tenure of office, were matters determined at the party caucus rather than at the polls on election day, they were, nevertheless, faithful, honest and capable men as a rule. During those days the county lost little money by carelessness and incompetence, and still less by the recklessness and dishonesty of its officials.
The county judge system of county management expired January 1, 1861, and was succeeded by a board of supervisors consisting of fifteen members, one from each township. The first session was held January 7, 1861, and the following named gentlemen constituted the body :
Charles Weston, of Jackson township; Almond Stinson, of Dodge town- ship; Peter Shaffer, of Pilot Mound township; Wesley Williams, of Yell township; W. H. C. Jenkins, of Marcy township; J. O. Harris, of Cass township; Peter Mower, of Union township; O. J. Cassel, of Douglas township; Thomas Sparks, of Worth township; Hiram Bennett, of Des Moines township.
Upon assembling together the supervisors proceeded to vote for a chair- man with the following result: W. H. C. Jenkins received nine votes and Peter Mower received one vote. Of course the board elected a new chair- man each year.
This minature legislature had charge of county affairs during the most critical period of the country and while the management was in the main satisfactory the body proved to be too cumbrous, and while theoretically each section of the county was reprepresented in the board, practically it was usually the case that one man of more than average intelligence and force of character controlled the entire board, and if he inclined to engage in some little job he had the less hesitancy in doing so from the fact that there were fourteen others with whom he could share the responsibility. After an experiment of ten years the township system was legislated out of existence and in its stead was introduced the present system of three supervisors, which is virtually the same as the first board of county com- missioners. Thus, after years of experimenting, first with a board of one then with a board of fifteen, we have got back to the original plan, which in all respects is probably the best which can be devised. While it does not leave the management of affairs in the hands of a single individual it still leaves the matter in the hands of a board which can transact business with expedition, and is a body of sufficient dignity and standing to secure as representatives men of intelligence and ability.
The new board of supervisors took the oath and entered upon the dis- charge of their duties January 1st, 1871. The board consisted at first of the following named individuals: S. R. Page, Levi Colvin and Z. J. Von- tres. S. R. Page was elected chairman and under the new arrangement the county auditor became the clerk of the board. During the time that the administration of county affairs has been in charge of the county supervisors, the affairs of the county have been honestly and in [the main economically administered. During that time many bridges, some of them of immense value have been constructed. During that time also occurred a serious defalcation, that of Mr. Jones, county treasurer. During the
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HISTORY OF BOONE COUNTY.
administration of the board of ten the court-house was erected, the county infirmary established and many other permanent improvements made. During this period occurred the defalcation of Charles Hamilton, county treasurer. All these matters will be treated elsewhere at their appropriate places.
The early official records of Boone county, while they are meagre, yet some of them show great care in keeping, while in some cases the spelling and punctuation and penmanship are curiosities to behold, yet it must be borne in mind that they only inaugurated the "spe'ling reform," which is now becoming such a mania. Few of the old records have been copied, and yet there are some of the books in a good state of preservation and the writing is legible as the day that the entries were first made.
The first district court record is particularly well preserved. Thanks to the liberal appropriation made for books by the first commissioners' court , these records were placed in a volume which, up to the present time, has withstood the ravages of rats and the tooth of time. Mr. Wayne, the firs clerk of the court, was a good penman, a scholar of ordinary ability, and possessed some qualifications requisite to this position. He was careful, industrious and reliable; although it has been many years since these records were made, they now compare favorably with the best records of recent date. When we recollect that at first the character of the books and quality of paper was inferior, that the county clerk attended to all the work of the office without the aid of a deputy, and owing to his meagre salary was compelled to spend a large portion of his time earning a living as a farm hand; and further, that for many years there was no suitable place to keep these records; the fact appears that the county must have been most fortunate in the selection of its first public officials.
The original tax levies and tax sales are perhaps the most faulty, as the file is incomplete and some of them in existence are so badly rat-eaten and faded that they are illegible; some of them are also faulty in that they do not bear the date of the levy or the sale. These records are as varied as Joseph's coat, and it is hard to tell in some cases just whose work it was, and when done.
But however disappointing to the historian, the old record has its vir- tues and has many strange and often amusing features. Those who wrote it did not think, perhaps, they were making history, but the smallest inci- dents of that early day have now become of interest.
They were kept on foolscap paper, sewed together in the form of a book and covered with the coarsest kind of brown wrapping-paper. They are ancient and faded little volumes and afford a remarkable contrast to the elaborate and carefully kept records of the present day. They exist now only as curiosities, the usefulness having long since departed.
The modern records furnish a marked contrast with the first ones, both in regard to the quality of the books and the manner in which the records are kept. There are few, if any, counties in the State where the public records are in as good condition as are those of Boone county. While they are all good those in the office of clerk of the district and circuit courts are probably the best. The more recent dockets and court records are excep- tionally fine, there probably not being in this or any other State more handsome or more legible ones.
The first court was held in Boone county in October, 1851. In most instances throughout the State, courts were held in the several counties
369
HISTORY OF BOONE COUNTY.
the same year they were organized, and held regularly every year there- after. In this particular Boone county furnishes an exception to the rule, no court having been held in this county for two years after its organiza- tion, and the second court not being held till the year 1853. We are un- able to account for this except on the hypothesis that the people of the county were exceptionally peaceable, and the judge having a large circuit to travel over, was by the unexampled peaceableness of Boone county, per- mitted to devote all his time to the quarrelsome litigants of the rest of his district. It must not be supposed that the absence of courts during the first years of the county's history, can be accounted for from the fact that there was no seat of justice and no court-house. Courts in those days were independent alike of county seats and court-houses. There is every reason to suppose that had there been occasion for holding a court, the absence of a court-room would not have presented an insurmountable obstacle. In certain counties the first courts were held in private residences and there is at least one instance where the court was held out of doors. In the old county of Slaughter the judge tried a case under the shade of a grove of cottonwood trees, and, when the evidence was all in and the judge had given his charge, the jury retired into an adjoining slough to consider a verdict.
As before remarked, the first term of court held in Boone county oc- curred in October, 1851. The following is on the record:
" STATE OF IOWA, SS. District Court, October Term, 1851.
" BOONE COUNTY,
" At a regular term of the District Court for the county of Boone and State of Iowa, begun and held at and in the court house in Boonesborough in said county, on Monday the sixth day of October, in the year one thous- and eight hundred and fifty-one, present the Honorable William McKay, judge of the fifth judicial district in said State.
"Now comes James W. Lacy, sheriff of said county, and returns into court the service heretofore issued for grand jurors and the following named persons being called, came to-wit: Jefferson Hoffman, James M. Carson, Wm. Dickinson, Solomon Smith, James Hull, Amos Rose, S. Z. Tomlinson, and William Enfield. It appearing that the legal number of grand jurors summoned have not appeared, the following named persons were selected from the bystanders: D. F. Hamilton, David Noah, Wil- liam Ball, William Thomas, W. D. Parker, Wm. Payne, and S. Godfrey; and the court having appointed S. Z. Tomlinson, foreman, they were duly impaneled, sworn, and received instructions from the court, retired in charge of James Corbin, a sworn bailiff, to inquire of such things as might come to their knowledge according to this charge.
" It appearing to the court that no legal prosecuting attorney had been elected, the court appointed Madison Young to act as such during this term.
" Wesley C. Hull having presented to the court a certificate, certifying that he is of good moral character and possesses the requisite qualifications for an attorney at law, signed by P. M. Casady and B. Granger Esqs., heretofore appointed by the court for that purpose, it is therefore ordered that Wesley C. Hull be admitted to practice as an attorney at law
:
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HISTORY OF BOONE COUNTY.
and solicitor in chancery in this court. Whereupon he appeared in court and took the oath required by law. "
There were thirteen cases which came up for trial at this, the first term of court. Of these, three were causes of debt, one assault, one certiorari, one entry and detainer, four recognizances, one appeal.
The first case was one for debt, and appears on the docket as the case of
" WILLIAM A. JORDAN - Debt.
VS.
" JONATHAN BOLES.
" This case is dismissed at the cost of the defendant. "
The second case appears on the record as follows:
" DAVID NOAH -
vs. Certiorari.
" LEWIS RINNEY. ~
" This case was dismissed at the costs of the defendant. It is therefore considered that the said plaintiff have and recover of the said Kinney his costs in this behalf expended. "
It appears that the suit had been brought before John Rose, J. P. The following is a copy of the transcript in the case:
"DAVID NOAH, Plaintiff, - In Debt.
VS.
" LEWIS RINNEY, Defendant, )
"On or near the 2d day of June. 1851, I, John Rose, sent Lewis Rinney word by Adam Boles, that David Noah had left a note with me against him for collection, and said Rinney didn't come. So, on the 4th of June, I issued a summons commanding the said Rinney to appear, and, on the 11th of June, 1851, at 1 o'clock P. M. of said day, to answer to plaintiff in a case of debt, which summons was returned previous to the time set for trial, but on the same day and as soon as the summons was returned, I placed the amount on the back of the summons previons to the defendant appearing. The defendant came and plaintiff on the 11th of June, 1851, and defendant asked me if I had issued a venire for a jury and subpoenas for witnesses. I told him that I had no notice of it. So the defendant asked for a postponement of trial, also ordered me to venire a jury and witnesses, which was all done and plaintiff and defendant amicably agreed to have the case tried on the 28th day of June, 1851. Both parties ap- peared then; the defendant asked to see the summons and objected to the amount on the back, and asked for an unsuit, which I didn't grant; he then wrote an affidavit and presented it to me for a change of venue, which I also denied, but proceeded to trial and the defendant withdrew from trial. The jury was duly erected and sworn and brought in the following verdict of the jury :
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HISTORY OF BOONE COUNTY.
" DAVID NOAH, Plaintiff, VS. " LEWIS RINNEY, Defendant. )
" We, the jury, find for the plaintiff.
" JUNE 28, 1851.
" MONTGOMERY MCCALL, Foreman.
" MICHAEL MIER.
" JOHN PEA.
" WM. THOMAS. " J. B. HAMILTON.
" J. HAUSER.
" The action on which suit was brought was a note given by Lewis Rin- ney to David Noah, promissory, for fifteen dollars and fifty cents, and fifty cents interest from the time it was due until judgment was ren- dered, making sixteen dollars.
" Constable's fees, $6.40
"Juror's fees,. 4.52
" Witness fees, 4.42
"Justice's fees, 2.434
" Total
$17.77₴
" JOHN ROSE, J. P."
" July 21, 1851.
This case is probably one of the most famous ones in the history of Boone county litigation. While it does present some novel features, yet the early magistrates being practical men, probably came as near dealing out justice to litigants as do the more learned and technical in modern days. They usually aimed to further the ends of justice and justice was usually meted ont, even though not strictly in the most approved terms of the laws.
The first State case which appeared on the docket was a case of assault. The record is as follows:
" STATE OF IOWA, VS. Assault.
" DAVID RHUDAYN,
"This case is dismissed at the costs of Peter Duteil, the prosecuting wit- ness. It is, therefore, considered that the defendant be discharged from his recognizance, and that he receive of the said Peter Duteil his costs in this behalf laid out and expressed."
During the first term of court the grand jury returned two indictments: one against Lewis Jewett for murder, and one against Hiram Mitchell for passing counterfeit money.
It seems that Mitchell was unable to furnish bail and was ordered to be committed. There being at that time no jail in the county, he was sent to Polk county for safe keeping. The following record in Jewett's case would seem to indicate that, after giving bail, the defendant became a " fugitive from justice":
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HISTORY OF BOONE COUNTY.
" Now comes the grand jury and present an indictment against Lewis Jewett for murder, and, having no further business before them, retired to their room.
" STATE OF IOWA, - Recognizance.
VS.
"LEWIS JEWETT.
Now comes Madison Young, who prosecutes for the State, and Lewis Jewett having been three times solemnly called comes not but makes de- fault.
"It is therefore ordered, that a scire facias issue against the said Lewis Jewett and David L. Jewett, and Addison Michall, his securities, returna- ble at the next term of court to show cause why the recognizance herein be not forfeited, and judgment entered thereon against them."
At the next term of court, October, 1853, the bail bond was declared for- feited and judgment rendered against D. L. Jewett and Addison Michall, for the sum of five hundred dollars, the amount of the bond.
At the next term of court the case again comes up in the shape of a mo- tion. D. O. Finch, the attorney for Jewett and Michall, comes into court and moves to set aside the judgment. The court rules sustaining the mo- tion and the case is continued till next term of court. In 1854 the case again comes up and the defendants, by their attorney, D. O. Finch, file a demurrer to the scire facias. The demurrer is sustained by the court, and thus ended the case.
Jewitt had, it appears, had a difficulty with a 'young man by the name of Jake Pea, son of John Pea the pioneer settler of the county. The diffi- culty was concerning a young lady of the neighborhood, who was after- ward married to another man and is still living in the county. During the quarrel about the woman, Jewett stabbed Pea, from the effects of which wound the latter died. This being the first murder committed in the county created much excitement, and the tragedy is still frequently men- tioned by many of the old settlers.
The first alien naturalized in the courts of Boone county was Jolin De- lander, the following is the record:
" Now comes into open court John Delander, a native of Sweden, and an applicant for naturalization as a citizen of the United States. And the court having the proof in the premises orders and adjudges that the final oath of naturalization be administered to the said John Delander, and the said John Delander be declared a citizen of the United States of America."
Andrew P. Anderson was declared a citizen of the United States at the same term of court.
Even at this early day married people sometimes became wearied of their partners, and besought the court to dissolve the tie that bound them. The first divorce case was that in the suit of Mary Anderson against Charles Anderson. The petition was granted, and the Andersons who were one were made twain.
The first term of court was held in October, 1851, and continued two days. In 1852 there was no court. The second term of court occurred in October, 1853, and lasted some four or five days; after 1853 courts were held regularly every year. The first cases, of course, were unimportant, and were soon disposed of, a large majority, even as now, not being con- tested. Cases of debt and trespass, and some few cases of assault and other
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HISTORY OF BOONE COUNTY.
unimportant criminal cases making up the docket. Later, by a few years, litigation over real estate began, and since then that kind of litigation has occupied the larger part of the time of the Boone county courts. This county has been peculiarly unfortunate in this particular; as early as 1853 there was a case of real estate litigation. This being the first case in which real estate claimed the attention of the court we copy the record:
" October term of the District Court of Boone county, A. D. 1853, Win. McKay sole presiding judge, Pleasant Chitwood, plaintiff in the above en- titled case, having filed his petition claiming of said defendant the fore- closure of equity in lands hereinafter described, due and legal notice being given the said defendants of the filing of his said petition, and to appear and answer thereto as in law required, and said defendant not appearing or answering said petition, and judgment by default being asked by plaintiff, whereupon this cause came on to be heard upon the petition and deed of the treasurer of Boone county; and the court, after mature deliberation thereon had, order, adjudge and decree that the defendants' right and title in and to the following real estate, to wit: the south hf. of the southwest qr. of section 25, and east hf. of northwest gr. of section 36, townsh p 83, range 25, containing one hundred and sixty acres be barred and forever foreclosed, and that the plaintiff pay the costs in the case.
"WM. MCKAY, "Judge."
Notwithstanding the fact that a large number, probably a large majority, of the people in every county have very little practical experience in the courts, and although they have the legal capacity to sue and be sued never improve their opportunities, and never appear in court unless it be on com- pulsion as witnesses or jurors, yet as the one great conservator of peace, and as the final arbiter in case of individual or neighborhood disputes, the court is distinguished above and apart from all and every other institution of the land, and not only the proceedings of the court but the place of hold- ing court is a matter of interest to the average reader. Not only so, but in many counties the court-house was the first, and usually the only, public building in the county. These first court-houses were not very elaborate buildings, to be sure, but they are enshrined in memories that the present never can know; their uses were general rather than special, and so con- stantly were they in use, day and night, when court was in session and when it was not in session, for judicial, educational, religious and social purposes, that the doors of those court-houses, like the gates of gospel grace, stood open night and day, and the small amount invested in those old bass-wood logs or walnut weatherboarding returned a much better rate of interest on the investment than do those stately piles of brick or granite which have taken their places. The memorable court-house of early times was a house adapted to a variety of uses, and had a career of great usefulness. School was taught, the gospel preached, and justice dispensed within its substantial old walls. Then it served frequently as a resting place for weary travelers, and indeed its doors always swung on easy hinges.
If the old settlers are to be believed, the old black walnut weatherboard- ing often rang on the pioneer Sabbath with a more stirring eloquence than enlivens the pulpits of the present time. Many of the earliest ministers have officiated within its walls, and if those old walls could speak, they would tell many a strange tale of pioneer religion, that is now lost forever.
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HISTORY OF BOONE COUNTY.
The preacher would mount a store box in the center of the room, and the audience would disperse themselves about on benches.
To that old log court-house ministers came of different faiths, but all eager to expound the simple truths of a sublime and beautiful religion, and point out for comparison the thorny path of duty, and the primrose path of dalliance. Often have those old walls given back the echoes of those who did a song of Zion sing, and many an erring wanderer has had his heart moved to repentance thereby more strongly than ever by the strains of homely eloquence. With Monday morning the old building changed its character and men came there seeking not the mercy of God, but the justice of man. The scales were held with an even hand. Fine points of law were doubtless often ignored, but those who presided knew every man in the county, and they dealt out substantial justice, and the broad principles of natural equity prevailed. Children came here to school, and sat at the feet of teachers who knew but little more than them- selves; but however humble the teacher's acquirements, he was hailed as a wise man and a benefactor, and his lessons were heeded with attention. The doors of the old court-house were always open, and there the weary traveler often found a resting place. There, too, the people of the settle- ment went to discuss their own affairs, and learn from visitors the news from the great world so far away to the eastward.
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