USA > Iowa > Henry County > The history of Henry county, Iowa, containing a history of the county, its cities, towns, &c. > Part 46
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" Therefore, said proposition and the result of said vote are entered at large on this record as follows, to wit :
PROPOSITION.
STATE OF IOWA, Office of the County Judge. COUNTY OF HENRY,
To the People of Henry County :
You are hereby notified that, at the election to be held in this county on the first Monday of August next, a vote will he taken at the polls on the following question, to wit : " Will the County subscribe stock in the Burlington & Missouri River Railroad ?" Form of taking the question : " For Subscription," " Against Subscription." The vote is to he taken by ballot, and to he entered on the poll-books, and the return on the poll-hooks must show that a copy of the above question was posted up at the different places of voting during the day of election.
" Should a majority of the votes cast be in favor of such subscription, the County Judge will be authorized, in behalf of the county, provided said road shall be located through the county and within two miles of its geographical center, to subscribe stock in said road to the amount of one hundred thousand dollars ($100,000), and for the payment of the same to issue the bonds of the county to that amount, payable at such intervals between five and twenty-five
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HISTORY OF HENRY COUNTY.
years from date as may be deemed advisable by said Judge, said bonds to be issued at a rate not exceeding eight per cent per annum, payable annually. And, for the purpose of paying the interest on said bonds, and reducing the same when they become due, the County Court will be authorized by such vote to levy such annual tax, not exceeding eight mills on the dollar of the county valuation, as may be necessary therefor, after applying in such payment the proceeds of said stock accruing from time to time, said tax to be continued from year to year until the amount is paid.
" And it is hereby specially provided that, if said railroad shall not be located through the central portion of this county as aforesaid, then and in that event the County Judge will be authorized by such vote to subscribe stock to the same amount in any other railroad that may be located through the county as aforesaid, running in either an eastern and western or a northern and southern direction, and on the same terms and subject to the same conditions as herein specified in reference to said Burlington & Missouri River Railroad.
" Witness my name and the seal of said Henry County hereto affixed this [L. s.] 2d day of July, A. D. 1853.
" M. L. EDWARDS, " County Judge."
The result of the vote was a total of 1,626, of which 1,181 were for and 445 against the subscription.
The road was finished in the year 1857.
A FRUITLESS EFFORT.
In the year 1855, a scheme was devised, through which the people of Henry County were led to believe they were to have a railroad, and which belief drained the treasury, before the matter was ended, to the amount of $200,000. Bonds to the amount of $100,000 were issued, but the road was never built, and before the $100,000 had been squared up, the interest on the bonds had doubled the original amount and the debt had to be paid.
The record shows the following railroad subscription :
"WHEREAS, a proposition was submitted to the people of this county and voted upon by them at the election held on the first Monday in the present month (August, 1855), in the manner provided by law for submitting questions to a vote of the people, and unless satisfactory evidence has been produced to the Court, showing that the requirements of the law in such cases have been substantially complied with, and that the proceedings in the premises have been regular and legal; and, whereas, a majority of the votes thus cast were in favor of said proposition ; Therefore, said proposition and the result of said wote are entered at large on this record, as follows, to wit:
PROPOSITION.
STATE OF IOWA, Office of the County Judge.
HENRY COUNTY,
To the People of Henry County :
You are hereby notified that at the election to be held in this County on the first Monday of August next, a vote will be taken at the polls on the following questions, to wit :
" Will the county subscribe stock in the Keokuk, Mount Pleasant & Muscatine Railroad ?" Form of taking the question : " For Subscription." " Against Subscription." The vote is to be taken by ballot, and the result entered on the poll-books ; and the return on the poll-hooks must show that a copy of the above question was posted up at the different places of voting during the day of election. Should a majority of the votes cast be in favor of such subscription, the County Judge will be authorized in behalf of the county, provided said road shall be located within one and a half miles of the geographical center of the county, to subscribe stock in said road to the amount of one hundred thousand dollars ($100,000) and for the payment of the same to
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HISTORY OF HENRY COUNTY.
396
issue the bonds of the county to that amount, payable at such intervals between five and twenty -- five years from date, as may be deemed advisable by said Judge ; said bonds to bear interest at a rate not exceeding 8 per cent per annum, payable annually. And for the purpose of paying the interest on said bonds and redeeming the same when they become due, the County Court will be authorized by such vote, to levy such annual tax as may be necessary therefor, after applying in such payment the proceeds of said stock accruing from time to time; said tax to be continued from year to year until the amount is paid.
Witness my name and the seal of said Henry County hereto affixed, this 3d day of July, [L. S.] A. D. 1855.
M. L. EDWARDS, ' County Clerk.
A vote was taken as ordered above. The result was: Whole number of votes cast, 1,715, of which, 1,065 were "For Subscription," and 649 votes were ".Against Subscription."
THE FIRST RECORD-BOOK.
The first entry in the Recorder's book is a description of Mount Pleasant. The following is a duplicate transcript, including misspelled words, profuse capitalization and all :
"The Town of Mount Pleasant in the County of Henry Contains Therty Five Blocks and each Block Eight Lotts and the sise of each Lot is One- Hundred and Fifty Feete East & West and Eighty Feet North & South the Street passing The Block No. 34 which is the Publick Squar ar each Twenty eight Feet wide and all the rest Sixty Feet wide the Alleys running North & South through the center of each Block is each Sixty Feet wide all the above. naim Streets and Alleys with the Squar Block No. 34 are intended for Pub- leck uses. the above naim Town is laid out by the point of the Cumpass and on the Claim of the Proprietor.
PRESLEY SAUNDERS Proprietor
Signed and Acknoledg before me Samuel Nelson one of the Justices of the. peace in and for the County of Henry this Third Day of February A D. 1837.
SAMUEL NELSON."
Following the above is a record of the plat of the town of Rome.
Then comes a certificate signed by Abel Chandler, conferring power of attorney upon P. Saunders.
Entry No. 4 is the record of the transfer of some land by P. Saunders to. S. Nelson.
The next is a queer piece of work. It runs as follows: "May 10th --- Stock Mark of Henry Emerson's Swallowfork in the left year Two underbitts. in the right"
"May 12th-Stock Mark of Shedrich Scott Is Two Small Crops and a. Slitt in the left Year "
Entry No. 5 is the record of an addition to the town of Mount Pleasant,. by Presley Saunders.
No. 6 is a description of the town of Lockridge.
Following this is a plat of Trenton.
Next is an article of agreement between Samuel Brazelton, Ashbury B: Porter and George Miller, Jr., to lay out a town to be known as Trenton.
The next record made is of an agreement between parties to consummate a. trade.
No. 10 is of an agreement between parties.
No. 11 is the record of a bond. No. 12 is the same. No. 13 is a bond .. Following is an agreement. Then comes a plat of Belfast.
A recorded bond follows, and No. 17 is like unto entry No. 16.
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HISTORY OF HENRY COUNTY.
397
A plat of the town of Jefferson comes after, and No. 19 is a recorded bond .. A description of Mount Sterling follows, and a record of a bond comes next. No. 22 and No. 23 are the same. No. 24 is a bill of sale
The first mortgage on record is by William Ferren to W. S. Viney, being No. 25 of the record. The language is this :
" BURLINGTON, April 25, 1838.
"KNOW ALL MEN BY THESE PRESENTS, That I, William Ferren, of Mount Pleasant, Henry County, Wisconsin Territory, do hereby pledge as a mortgage the right and title that I have to the north half of lot No. Five, in Block Twenty-two, in the old survey of Mount Pleasant, with the improvements. thereon, unto William S. Viney, of the above-named town, county and Territory, for the sum of twenty-five dollars, which sum, if paid by said Ferren or order- in three months, then this obligation or mortgage to be null and void.
"In testimony whereof, I have hereunto set my hand and seal.
"WILLIAM FERREN. [SEAL. ]
"J. P. GRANTHAM, Recorder.
" Test.
" Recorded November 2d, A. D. 1838."
No. 26 is the record of a bond.
The number following the above is 27, and is the first deed of record in the. book. It runs as follows :
" THIS INDENTURE, made and entered into this 30th day of November, in the year of our Lord One Thousand Eight Hundred and Thirty-eight, between Charles Stoddard, of the county of Henry and Territory of Iowa, of the one- part, and Joseph Moore, of the county and Territory aforesaid, of the other part, witnesseth that the said Charles Stoddard, for and in consideration of the- sum of fifty dollars, current money of the United States, in hand paid by the said Joseph Moore, at and before the ensealing and delivery of these presents, the receipts whereof he doth hereby acknowledge, hath given, granted, bar- gained, sold, conveyed and confirmed, and by these presents do give, grant, bargain, sell, convey and confirm unto the said Joseph Moore, and to his heirs and assigns forever, a certain tract or parcel of land situated, lying and being in the county and Territory aforesaid, and known and designated on the plat of the public lands of the United States, as the west half of the west half of the southeast quarter of Section Number Thirty-two, in Township No. Seventy- two north, of Range No. Six west, in the district of lands subject to sale at. Burlington, containing forty acres, together with all and singular the appurte- nances and advantages thereunto belonging or in anywise appertaining.
"To HAVE AND TO HOLD the said tract of land unto the said Joseph Moore, his heirs and assigns to his and their own proper use and behoof forever. And the said Charles Stoddard, for himself, his heirs, etc., doth covenant and agree to and with the said Joseph Moore, his heirs and assigns, that at and until the ensealing and delivery of these presents, he is well-seized of the above- granted and bargained premises as a good and indefeasible estate in fee simple, and that he will forever warrant and defend the right and title thereof unto the said Joseph Moore, his heirs and assigns forever, against the lawful claims and demands of all persons whatever.
"In witness whereof, the said Charles Stoddard hath hereunto set his hand and affixed his seal the date first above written.
" Signed sealed and delivered in
presence of E. Killpatrick and Samuel Nelson.
CHARLES STODDARD. [SEAL. ].
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HISTORY OF HENRY COUNTY.
"I, Samuel Nelson, one of the Justices of the Peace, do hereby certify that Charles Stoddard, who is known to me to be the person who executed the above deed, did personally appear before me and acknowledge that he did execute the same in good faith, this 30th day of November, A. D. 1838.
"SAMUEL NELSON,
" Recorded Nov. 30th, A. D. 1838. " Justice of the Peace.
"J. P. GRANTHAM, Recorder."
THE DISTRICT COURT RECORDS.
The first session of the District Court, being the first court ever held in Henry County, convened at Mount Pleasant Friday, the 14th day of April, 1837. Hon. David Irvin, Judge ; W. W. Chapman, District Attorney of the United States ; Jesse D. Payne, appointed Clerk, with John H. Randolph and Benjamin S. Whorton, sureties.
The Court ordered that the temporary seal consist of a red wafer, covered with a piece of paper cut in the form of a diamond and pressed with the reverse of a United States dime.
The first grand jury was composed of the following persons: Clabourne Jones, Sr., Samuel Heaton, Marshall Saunders, Clabourne W. Hughes, D. C. Ruberts, William M. Morrow, James McCoy, Keeland T. Maulden, Benjamin F. Hutton, Jacob Burge, Moses Shirley, Wilson Lowell, Thomas Clark, Will- iam King, David Minter, James Williford, Sr., George W. Lewis, Henry Sny- der, Sr., Berry Jones, Litle Hughes, John H. Randolph, Presley Saunders and Warren L. Jenkins. John H. Randolph was selected as Foreman. The record reads, "The grand jury aforesaid, after being duly sworn, were solemnly charged, and returned to their chamber to consider of Presentments and Indict- ments." That "chamber" could not have been a very spacious one, and that solemn jury could not have dodged about very lively after getting in there, since the place to which they retired was nothing more than a log cabin, located on the west side of the public square. However, the Court was justified in putting on a certain amount of airs, since most of the grand juries were obliged to "retire" to a brush pile and sit on a log at the first meeting.
After a due deliberation, the jury returned and reported that they had no' presentments or indictments to offer ; probably because nearly all the citizens of the county were in some way connected with the Court, and were, naturally, law-abiding people.
The action of the jury did not please Mr. Payne and the court, evidently ; for no sooner had the jury been discharged than a new one, composed of Cla- bourne Jones, Sr., Samuel Heaton, Marshall Saunders, Clabourne W. Hughes, D. C. Ruberts, William M. Morrow, James McCoy, Keeland T. Maulden, Ben- jamin F. Hutton, Jacob Burge, Wilson Lowell, Thomas Clark, William King, David Minter, James Williford, Sr., George W. Lewis, Henry Snyder, Sr., and Berry Jones, with William King as Foreman, was duly impaneled, and the business of finding law-breakers begun over again. This time the jury did better, and returned true bills against John Mabee, assault and battery on the person of Bushrod Atkeyson (sic) ; Jesse D. Payne, assault and battery on the person of Presley Saunders ; William Morris, assault and battery on the person of Jesse D. Payne; Presley Saunders, assault and battery on the person of Jesse D. Payne ; Zachariah Wilbourne, assault and battery on the person of William Morris; Asbury Porter, assault and battery on the person of Warren L. Jenkins : Bushrod Atkeyson, assault and battery on the person of John Mabee.
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HISTORY OF HENRY COUNTY.
After doing this wholesale indicting, the jury was discharged.
The case of the United States vs. John Mabee, the first of record, was then heard. Mabee pleaded guilty to the charge of assaulting Atkeyson, and was fined $5 and costs.
The other parties were arrested on a capias, and bailed at $55 each.
Litle Hughes was granted permission to keep a ferry across Skunk River, at his residence. The same privilege was granted James Gibson.
The next case was that of Abel Chandler vs. John Wilson, trespass.
The second day's proceedings began by the establishment of rates of ferriage, to wit :
For each man.
123 cents.
For each man and horse 25
For each wagon and two horses. 75
For each wagon and yoke of oxen .75
For each additional horse or ox. 25
For each loose cattle. 12}
For each hog, sheep, etc.
The time for crossing the ferry was from "sunup to sundown."
The second session of court began September 15, 1837. The Judge did not put in an appearance, and the Clerk adjourned the Court until April, 1838.
The only important suit during this session was the trial of the United States vs. William S. Tally, indicted for the alleged burning of a dwelling-house. The jury returned a verdict of not guilty, and the prisoner was discharged.
The Court after disposing of a few unimportant cases, then "ordered that court be adjourned until court in course."
The next session of court was opened December 14, 1838.
During the April, 1839, term of Court, an "indictment for assault with intent to commit murder " was found against Shadrach Scott. This was the first case on the docket that smacked of capital crime. A jury were empaneled, composed of the following names : Thomas Alexander, Johnson King, Henry Emberson, Thomas Ross, John W. Payne, Benjamin S. Whorton, John Morris, Thomas Clark, Henry Caulk, James Cormer, Henry Snyder, George P. Smith. These were given over night to deliberate and return a sealed verdict. They did as ordered, and the first business done at the opening of the court on the morning of April 4, 1839, was this : " And now came the defendant in proper person, also the District Prosecutor, for and on behalf of the county and the jury empaneled and sworn on yesterday : came into Court and on their oaths do say, 'we. the jury, find the defendant not guilty.' Therefore, it is consid- ered and adjudged that the said defendant be acquitted and discharged of the charge aforesaid, and go hence hereof without day, &c."
An "indictment for an assault with intent to kill " was brought against the same party, and he was discharged.
This Shadrach Scott, by the way, is the man who claimed the " Stock Mark of Two Small Crops, and a Slit in the Left Year."
The first petition for divorce was considered by the court on the fourth day of March, 1840, the title being Francis A. Forbs vs. Sarah N. Forbs. The grounds for the divorce are not mentioned. but the Court granted the petition- er's prayer, and " the bonds of matrimony heretofore existing between the said Francis A. Forbs and the said Sarah N. Forbs, be and the same is hereby annulled and dissolved and made void."
The earliest entry concerning horse-stealing is worth mentioning. It was the case of the United States against Lemuel Green, against whom the jury had found an "indictment for horse-stealing. Stealing one sorrel mare, the prop-
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HISTORY OF HENRY COUNTY.
erty of Robert Box." The sentence of the Court was "that you be imprisoned at hard labor in the penitentiary for the term of five years, and that you pay the costs of this prosecution." This was on September 11, 1840.
On the 12th day of September, Green was fined $300, "the value of the property stolen," which $300 he had to pay to Box. -
In indictment for riot (the first) was found against Abraham Dover and William English, but on motion of the District prosecutor, a nolle pros. was entered in the case. This was on the 9th day of September, 1841.
The first arraignment for murder and manslaughter before the Mount Pleas- ant Court came up on a change of venue from Lee County, on the 24th day of March, 1843. It was the case of the United States against Edward Reilly. The jury were William Karr, John McKern, Thomas Grant, William Hobson, William Conelly, James Denny, Joel Vaminville, William B. Lush, George Rice, Thomas Roach, Daniel Shuman and Ephriam D. Young. The case went to trial.
On the 25th, or the next day, the jury returned the verdict of, "We, the jury, find Reilly, the prisoner at the bar, guilty of murder in the first degree."
On Saturday, April 1, 1843, the verdict was set aside and a new trial granted.
Reilly was again arraigned on the 4th of September, 1843, and a jury was empaneled as follows : Evan Jay, Caleb Richey, Myron Kilborn, Barnet Ris- tine, Ludwell P. Fariss, David Hoffman, James Brittain, George Elliott, Jacob Moore, Henry Hebard, Benjamin Case and John Turner. The trial was ter- minated, and, on September the 6th, the jury returned this verdict : "We, the jury, find the defendant guilty of manslaughter, and that said Reilly be pun- ished by imprisonment in the Penitentiary of the Territory of Iowa for the term of five years, and fined in the sum of one thousand dollars." The sentence of the Court was in accordance with the verdict returned.
The first indictment for robbery was found February 26, 1846, against John Kelly, et al. The prisoners were discharged.
Josiah G. Leavitt was the first to be indicted for counterfeiting, on the 27th of February; 1846.
On the same day, Joel Shively was indicted for perjury.
The first slander case was begun on the 13th day of May, 1847. It was Isaac Bowen vs. Johnson Housman. The jury found for the defendant.
William C. Ridgeway was the first to be indicted for forgery, on the 22d day of February, 1847. He was discharged.
THE PROBATE RECORDS.
The first session of the Probate Court was held December 16, 1837. Present, Samuel Nelson, Judge. The business transacted at that time is here given in full.
William G. Coop and Elizabeth Coop produced in court the last will and testament of David Coop, deceased, and moved the Court grant probate thereof,. which motion was sustained. Appended is a copy of the will :
" Be it remembered that on the twenty-third day of November, one thousand eight hundred and thirty-seven, that I, David Coop, of the county of Henry and Territory of Wisconsin, do decree and declare this to be my last will and testament, in the name of God, to wit: To my beloved wife Elizabeth and to my children I do bequeath all my estate, both real and personal, to be at her disposal and to her and their only use and behoof, as long as she, my beloved wife, may remain my widow ; but in case she should again marry, an equal
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HISTORY OF HENRY COUNTY.
division then is to be made between her and each of my legal heirs; and that the money that is due me, the said David Coop, it is my will that it shall be used in purchase of land, if it is thought needful by the guardian of my infant heirs. It is further my will and desire that each of my infant heirs receive a common country education. It is my will and desire that my beloved wife, Elizabeth, and my beloved brother, William G. Coop, be my executors to do and perform my business, in any and all matters that may pertain to the settle- ment of my estate. In witness whereof, I hereunto affix my hand and seal. In the name of God, amen.
his " DAVID x COOP. [SEAL. ] mark
" ATTEST :
"J. D. PAYNE.
" RANSOM COOP.
" DAVID OVERTON."
The conditions of the will were agreed to, and the same duly probated. This was all the business transacted in 1837.
The Court did not hold another session until September 8, 1838. The sole business of that session was the appointment of Aaron Street, Jr., and Gideon Frazier, administrators of the estate of Joseph Teas, who died intestate. Sep- tember 19, another meeting was held, when John H. Randolph was appointed administrator of the estate of Dayton C. Roberts, and also to the same office over the estate of Simpkin Young. December 5, Aden Nordyke was granted letters of administration in the estate of Mary Nordyke. December 13, the will of Henry Row was probated, with Susannah Row and George W. Conyers executors. This completed the probate business for 1838.
The next meeting of the Court was held July 1, 1839. It was then "ordered that the temporary seal of the Probate Court " should be such as appears on page 10 of Record A, which consists of two old-fashioned red wafers, covered with paper cut in the form of two irregular diamonds, and pressed down in each wafer with a United States dime of the date of 1832. That was all the Court did that day.
The first guardian of minors was Edward Hockett, chosen to care for Isaac and Rachel Smith August 19, 1839.
The business of the Court began to increase rapidly during 1839, and cov- ers twenty-one pages of the records. From that date to the present time, the records show no generally interesting cases, either of contest or routine proceedings.
THE MARRIAGE RECORDS.
The first marriage license ever granted in Henry County was that author- izing the union of Presley Saunders to Huldah Bowen. The license was granted December 17, 1836.
On the same day, a license was granted to John W. Payne and Malinda Caulk. The certificate of solemnization attests that the ceremony was performed at the house of " Robert Caulk, in the county of Henry, Wisconsin Territory, by Samuel Nelson, Justice of the Peace, December 22, 1836."
During the year 1837, the following marriages were recorded :
January 6, Samuel M. Holland and Levicy Walter. This was " executed as per affidavit of George Walter, Sr., who testifies that he lost the license; " June 12, William H. Barger to Ferreba Frost, executed June 15, by George Moffet, Sr., Justice of the Peace; April 20, Samuel Williford to Rosanna Heddrick, by Samuel Nelson, Justice of the Peace ; July 27, Henry M. Sny-
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HISTORY OF HENRY COUNTY.
der to Susan Ellis, by George Moffet, Justice of the Peace ; August 4, Nelson Derthick to Margaret Travis, by A. C. Dover, Justice of the Peace ; August. 7, John Hulick to Nancy Guber, by Adam Ritchey, Justice of the Peace; August 31, Samuel Smith to Hannah Walter, by Rev. George Walter, Sr. Oc- tober 2, William Crow to Katharine Ann Menifee, by George Moffet, Jus- tice of the Peace; October 3, William C. Stephenson to Diana Ruble, by Samuel Nelson, Justice of the Peace ; October 7, Robert F. Harris to Ma- linda B. Jones, by Samuel Nelson, Justice of the Peace; October 31, William Harrison Goble to Lydia M. H. Osborn, by Adam Ritchey, Justice of the Peace ; November 3, Robert D. Simmons to Ann Hunt, by Rev. Lewis Allen ; November 29, Abner Conley to Mary Johnson, returned not executed; November 8, David Goble to Lydia Pence, by Adam Ritchey, Justice of the Peace; December 18, William Simmons to Mary Allen, by R. W. Gillenwater, Justice of the Peace.
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