USA > Iowa > Iowa County > The history of Iowa County, Iowa, containing a history of the county, its cities, towns, &c. > Part 48
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Ordered, That a license be, and hereby is, granted to the said Robert McKee and Benja- min F. Crenshaw. for the erection of a toll bridge across the Iowa River, at or near the pres- ent ferry. And it is further ordered that no other toll bridge or ferry shall be permitted across said Iowa River, within two miles of said bridge for the term of ten years. And it is also further ordered that the said Robert McKee and Benjamin F. Crenshaw be and are here- by authorized to charge the following rates of toll for crossing said bridge; to-wit., for one wagon and pair of horses or cattle, twenty-five cents; for each extra pair of horses or cattle, ten cents; for one horse and buggy or wagon, fifteen cents; for horsemen ten cents; for foot- man five cents; for loose horses or cattle, per head, five cents; for sheep or hogs, per head, three cents. And it is further ordered that said rates of toll be and are hereby fixed and made unalterable for the period of ten years; and as a bonus of said bridge license said per- sons are hereby required to keep the road in good repair for ten rods from each end of said bridge.
The bridge was erected and after having been in use for some time was carried off by a flood.
About one year after the erection of the bridge at Marengo an enter- prise of the same kind was entered upon in the vicinity of Koszta. The following is the official record:
March 3, 1856.
This day caine William Hench and Andrew D. Stephens and made ap- plication for a grant of a license for the erection of a toll bridge across the Iowa River north of Koszta on the county road leading from Greenlee's mill to Hench's mill. It is, therefore,
Ordered, That a license be and hereby is granted to the said William Hench and Andrew D. Stephens for the erection of a toll bridge across the Iowa River at the aforesaid place and to keep the same as a toll bridge for the term of ten years.
24
378
HISTORY OF IOWA COUNTY.
The rates of toll prescribed were the same as those designated with re- gard to the Marengo bridge. This bridge was also carried away and both bridges have been replaced in later times by substantial free bridges. The one at Marengo is at present situated some distance further up the river from the location of the old Marengo ferry. It is a substantial iron struct- ure, and was erected at great expense, the stone for the abutments having been brought from Iowa City. There are three or four other bridges across the Iowa River in the county.
The question of controlling the sale of intoxicating liquors has been dis- cussed and agitated from the first organization of the county till the present time. The measures adopted have of course varied from time to time, as the Territory and State laws on that subject have varied.
After Iowa became a State authority was granted by the constitution to the board of county commissioners to license groceries where might be le- gally sold intoxicating liquors. The board not choosing to assume the responsibility of taking action in this county, submitted the question at the April election in 1847. License carried by a large majority. We here- with give the vote as returned from Old Man's Creek precinct and Marengo precinct:
MARENGO PRECINCT.
For grocery license ..
10
Against grocery license. 5
OLD MAN'S CREEK PRECINCT.
For grocery license
8
Against grocery license
3
Resume for license. 13
Against license
8
Majority in favor of license.
5
So it will be seen that the brave old pioneer who had to deny himself of so many of life's luxuries was not disposed to deprive himself of the con- solation of that which cheered and unfortunately often inebriated.
The comissioners therefore licensed groceries, and there seems to have been no limit to the number; the only requirement being the two dollars which was charged as a license fee.
This plan being equivalent to a free and unrestricted traffic in intoxtica- ing drinks, the friends of temperance throughout the State agitated the matter until the State Legislature of 1854 and 1855, enacted the amend- ment to the constitution known as the prohibitory liquor law. This amend- ment was submitted to a vote of the people in April , 1855, and was adopted. The vote of Iowa county on the prohibitory liquor law was as follows:
For the law prohibiting the sale of intoxicating liquors. 310
Against. 168
Majority in favor 142
Thus it will be seen that during the eight years intervening between the first vote in the county on grocery license and the vote on the prohibitory liquor law, there was quite a revolution in public sentiment.
379
HISTORY OF IOWA COUNTY.
After the adoption of the prohibitory liquor law it was a criminal offense to sell or give away intoxicating liquors to be used as a beverage. It was also unlawful to sell intoxicating liquors for mechanical, medical, or sacra- mental purposes, except under certain restrictions. The plan first adopted was for the county to employ an agent, whose business it was to furnish liquors for mechanical, medical and sacramental purposes. In accordance with this law E. C. Hendershott was appointed agent for the sale of liquors. The following is the official order for his appointment:
September 8, 1855.
Ordered, That E. C. Hendershott be allowed three hundred dollars for the purpose of buy- ing liquor, as liquor agent of said county.
This plan of advancing money to a person for the purpose of entering into the business of selling whisky, proved to be the most stupendous fraud which was ever perpetrated upon a free and independent people. This law was accordingly abolished by the next general assembly, and in- stead of setting up a liquor dealer in business, the law was so altered as to allow the county judge to issue a permit to one individual, who under cer- tain restrictions might sell intoxicating liquors for medical, mechanical and sacramental purposes. This law was again amended so as not to give any one individual in the county a monopoly of the business, but making it lawful for any number of individuals under certain restrictions to sell li- quors for the aforementioned purposes.
The prohibitory liquor law is still operative in theory, but in many places inoperative in practice. But while it has not accomplished all that was expected by the friends of prohibition, nevertheless the people of Iowa county may well be proud of the vote of their county on this great reform- atory measure in April, 1855. While the prohibitory law is evaded and persons have very little trouble to get liquor by certain roundabout pro- cesses, vet the sale of the vile stuff is under the ban of the law, and habit- ual drinking, which was once almost universal in the county, is now con- fined to the few.
DISTRICT AND CIRCUIT COURTS.
The courts' official records of Iowa county, while they are meager, yet some of them show great care in keeping, while in some cases the spelling, punctuation and penmanship are curiosities to behold; yet it must be re- membered that they lately inaugrated the " spelling 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 writ- ing is as legible as the day when the entries were first made.
According to the District Court journal, the first term of court in and for the county of Iowa was held on the 20th day of April, 1846, continu- ing but for one day.
The first District Court record now in existence is particularly well pre- served. Thanks to the liberal appropriation made for books by the county . commissioners, these records were made in books which up to the present time have withstood the ravage of rats and the tooth of time. Mr. McKee, the first clerk, and his successor were both good penmen, and thoughi neither of them. were scholars of more than ordinary ability, yet they were careful and industrious-two qualifications more important in a clerk than scholar-
380
HISTORY OF IOWA COUNTY.
ship. These officials were careful, industrious and reliable; although it has been over a quarter of a century since the records were made, they compare favorably with the best records of recent date when we recollect that at first the quality of the books, both as respects the quality of the paper and the binding, was inferior; that the county clerk attended to all the work of the office without the aid of a deputy; and owing to his mea- ger salary was compelled to spend a large portion of his time earning a living by working on a farm; and further, that for many years there was no 'suitable place to keep the records, the fact appears that the county must have been most fortunate in the selection of its first public officials.
In most instances throughout the State courts were held in the several counties during the same year organization took place. In Iowa county no court was held till the following year. We are unable to account for this, except on the hypothesis that the people of the county were exceptionally peaceable and the judge having large district to travel over, and being in very poor health, was by the unexampled peaceableness of Iowa county per- mitted to devote all his time and what energies he possessed to the quarrelsome litigants of the rest of his district. It must not be supposed that the ab- sence of courts during the first years of the country's history can be ac- counted for on the grounds that there was no court-house. Courts in those days were independent of court-houses. . There is every reason to believe that had there been occasion for holding court, the lack of a court-room would not have been considered 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 to an adjoining slough to consider the verdict. When the first term of court was held in Keokuk county there was no house except a shanty which the clerk had erected, in or near the county seat.
The judge and jury, lawyers and court officers assembled during the forenoon, and after some preliminary business was transacted, the court adjourned two miles into the country for dinner. As before remarked, the first term of the District Court was held in the county on the 20th day of April, 1846. The record says that " there being no inhabitants at the county seat the court had its session at the house of' Robert M. Hutchinson which, as before remarked, was at the old trading house some four miles east of Marengo. It also appears that the honorable Joseph Williams, judge of the second judicial district, presided and after ordering that the eagle side of an American dime should be used as the seal of the court until a proper seal could be obtained, court adjourned until the next regular term in course. There were no grand or petit jurors summoned at this term of court.
The second term of court was held at the same place on the 12th and 13th days of October, 1846. The record is as follows: "At a District Court of the second judicial district of the Territory of Iowa, begun and held at the house of Robert M. Hutchinson, in and for the county aforesaid, on the 12th day of October, 1846, present the honorable Joseph Williams presiding judge of the said court; J. B. Lash, deputy marshal; and Robert McKee, clerk of said court, and A. P. Kitchens, sheriff of said county. Whereupon the following proceedings were had; to-wit., the marshal aforesaid returned the panel of grand jurors for said county into the court aforesaid where- upon the following grand jurors answered to their names: E. R. Ricord,
381
HISTORY OF IOWA COUNTY.
John Wykoff, Henry Starry, Thomas Hanson, James McKray, E. P. Pratt, Anderson Meacham, William Hench, Stephen Chase, William Foster, Nel- son Prather, H. H. Hull, Porter Hull, L. Niles, L. F. Wilson, G. W. Kit- chens, Amos Crocker, S. Hanson and . R. M. Hutchinson, who being ex- amined as to their qualifications to the satisfaction of the court retired for the consideration of bills and presentments. Then the sheriff aforesaid returned into court the panel of petit jurors, who being called the follow- ing persons answered to their names: Charles Kitchens, Robert Woods, Edmond Butler, H. Lekin, H. Sprague, Dunham Sprague, John B. Irwin and R. Mason; whereupon, there being no business requiring their further detention they were discharged. Ordered, that the court adjourn till to- morrow morning at nine o'clock.
Tuesday morning. The court met pursuant to adjournment, present the same judge as yesterday. The grand jury came into court and reported to the court by their foreman that they had no bilis or presentments for the court, and that there is no further business requiring their attention at this term; and thereupon discharged from further attendance by the court. Ordered, that the court adjourns sine die.
"J. WILLIAMS, Judge."
One of the persons composing the petit jury at this term of court was an alien and before he took the oath as juryman was naturalized. This was the first case of naturalization in the county. The record is as follows:
" Henry Lekin, a native of Germany, this 12th day of October, 1846, ap- peared before the clerk of this court and declared on oath that it is bona fide his intention to become a citizen of the United States, and to abjure and to renounce all allegiance to every foreign prince, potentate, state and sovereignty whatsoever, and particularly to George William, king of Han- over, whereof he was a subject.
"J. WILLIAMS,
"Judge of Court of 2d Judicial District of the Territory of Iowa."
During the winter of 1846 and 1847 the Legislature made a rearrange- ment of the judicial districts of the State, and Iowa county became a part of the fourth judicial district. The election for the purpose of choosing a new judge occurred in April, 1847, when James P. Carleton, of Iowa City was elected. Judge Carleton's first term of court in Iowa county begun on the 24th day of May, 1847, and continued one day. The following is a synopsis of the record :
At a District Court of the fourth judicial district of Iowa begun and held at the house of H. H. Hull, at the town of Marengo, on the 24th day of May, 1847; present, the Hon. James P. Carleton presiding judge of said court, Robert McKee, clerk, and A. P. Kitchens, sheriff of said county; whereupon the following proceedings were had; to wit; the sheriff re- turned into court the panel of grand jurors for said county and the fol- lowing persons as grand jurors answered to their names ; to wit., J. W. Hollowell, Lewis Lanning, Robert M. Hutchinson, William Taylor, An- derson Meacliam, Alexander Huston, William Greenlee, Elisha Trueblood, Charles Kitchens, Stephen Chase, Porter Hull, Joel Culver, M. H. Dowd, Robert Woods, Sylvester Middleworth, George W. Kitchens, John Convey, and Stephen Hanson; who being examined as to their qualifications to the satisfaction of the court, retired for the consideration of bills and present- ments.
382
HISTORY OF IOWA COUNTY.
Then the sheriff returned into court the panel of petit jurors, who being called the following persons answered to their names: William Hench, Lewis F. Wilson, Richard Lanning, Elijah Trueblood, Judson W. Atha, William Casey, Lineas Niles, Daniel Talbott, Horace H. Hull, Thomas Hanson, Jeremiah Morford, Robert Furnas, William Crawford, Orley Hull, J. M. Kitchens, James McKray, Howard Sprague, R. B. Groff, J. L. Frost, I. B. Irwin, William Foster and Joseph M. Baird.
The first cause tried in the county before the District Court came up dur- ing this term. The record is as follows:
"JAMES NELSON, for the use of ? SAMUEL HUSTON
Appeal.
VS. "A. P. KITCHENS.
"This day; to wit., the 24th day of May, came the parties, the said James Nelson for the use, etc., by his attorney and the said A. P. Kitchens in his own proper person and thereupon came a jury of twelve good and lawful men; to wit., William Foster, Lewis F. Wilson, J. W. Atha, Richard Lan- ning, William Crawford, Howard Sprague, Lineas Niles, R. B. Groff, Eli- jah Trueblood, William Convey, J. M. Baird, and H. H. Hull, who being duly sworn to well and truly. try theissue joined between the parties and a true verdict give according to the evidence, after hearing the proof and alle- gation in the case retired to consider their verdict, and after spending some time in the consideration of the same returned into court the following verdict:
" We, the jury, find for the plaintiff and assesses his damages at five dol- lars and fifty cents.
"It is, therefore, considered by the court that the said plaintiff, for the use, etc., do hereby have and recover of the said defendant the sum of five dollars and fifty cents damages in favor of the aforesaid, assessed by the jury, together with his costs and charges by him about his suit in this be- half expended. "
The next term of court was called at the house of H. H. Hull on the 27th day of September, 1847. Information was received that the judge, J. P. Carleton, was ill and could not attend the term of court, consequently the jurors were discharged and the court adjourned.
The aforementioned facts in reference to the first four terms of the Dis- trict Court of Iowa county are correctly stated, they having been gleaned from the original records. The idea which seems to prevail to the effect that the first term of court was held at Hull's house is undoubtedly incor- rect.
The story frequently related about the court holding its proceedings in the only room in Hull's house and the grand jury being elevated through a trap door into the loft, if true, which we have no reason to doubt, oc- curred at the the third and not the first term of court.
After 1847 the District Court was held in the court-house; first in a house erected for that purpose on the north side of the public square, on the lot immediately east of the Clifton House; then in the court-house on the east side of the square, the same building now occupied by Readman's grocery and since 1861 in the new court-house. In addition to that there have been times when the court-houses were undergoing repair when court was held in church buildings.
383
HISTORY OF IOWA COUNTY.
At the session of court held in April, 1850, a man who afterward be- came one of the leading citizens of the county served his adopted country long and well, and still residing in the county, is probably more widely known than any other citizen of the county, was naturalized. We copy the record:
" On this day, April 15, 1850, William Downard, late of England, came into said court and made application to be made a citizen of the United States, and having complied with the requisitions of the acts of Congress in such cases made and provided and the oath to support the constitution of the United States of America, and to renounce all allegiance and fidelity to every prince, potentate, state and sovereignty whatsoever, and particularly the queen of the United Kingdom of Great Britain and Ireland, being ad- ministered to him in open court before the Hon. James P. Carleton, judge of the fourth judicial district in said State, William Downard is, by virtue thereof and the promises declared, enrolled a citizen of the said United States of America."
Judge Carleton held his last term of court in the fall of 1853, and at the following election, on April 3, 1854, William Smyth, of Marion, Linn county, was elected to be his successor. Judge Smyth held his first term of court in Iowa county in May, 1854. It appears that he served but two years, and Isaac Cook, of Marion, was selected to serve out his unexpired term. In the meantime there was an act passed by the General Assembly reorganizing the judicial districts of the State, and Iowa county, under the provisions of this act became a part of the eighth judicial district. In Octo- ber, 1858, William E. Miller, of Iowa City, was chosen judge of the district and held his first term of court in Iowa county, in February, 1859.
In October, 1862, Norman W. Isbell was elected to succeed Judge Mil- ler. He held his first term of court in Iowa county in the spring of 1863, and resigning the office the following year was succeeded by C. H. Conk- lin, who held his first term of court in Iowa county in the fall of 1864. Judge Conklin was succeeded by N. W. Hubbard, who held his first term of court in the county in January, 1866.
Judge Hubbard was succeeded by J. H. Rothrock, who held his first term of court in Iowa county in January, 1867. Judge Rothrock was from Cedar county, and held the position for a period of nine years, longer than any other man who has yet held the position of judge of the district. He resigned the position of district judge to accept a place on the supreme bench to which he had been appointed by Governor Kirkwood, and was succeeded by John Shane, who is the present incumbent. Judge Shane held the first term of court in Iowa county in 1876.
From the foregoing it will be seen that Iowa county has belonged suc- cessively to three different judicial districts: first, when it was organized it became a part of the second judicial district; second, it became a part of the fourth judicial district in 1847, and in 1858 it became a part of the eighth district, to which it still belongs.
It will appear still farther that the following have been the district judges, with the date of holding first term of court in the county :
Joseph Williams, April, 1846.
James P. Carleton, May, 1847.
William Smyth, May, 1854.
Isaac Cook, May, 1857.
William E. Miller, February, 1859.
.
384
HISTORY OF IOWA COUNTY.
N. W. Isbell, February, 1863; C. H. Conklin, September, 1864. N. W. Hubbard, January, 1866. J. H. Rothrock, January, 1867. John Shane, September, 1876.
THE CIRCUIT COURT.
The District Courts of the State becoming overcrowded with business, the Legislature which met in 1868 passed an act establishing the Circuit Court. By the provisions of this act the two courts have concurrent juris- diction in all civil cases. The District Court has exclusive jurisdiction in criminal cases, while the Circuit Court has sole control of probate matters. Since the organization of the Circuit Court there have been five different Circuit Judges. The first was William E. Miller, who was succeeded by G. R. Struble, who in turn was succeeded by William J. Haddock.
Judge Haddock served till the close of the year 1872, when he was suc- ceeded by John McKean. Judge Mckean entered upon the duties of his office January 1, 1873, and will, at the close of his present term, have served a period of eight years. His successor, C. Hedges, of Marengo, elected at the last general election, will enter upon the duties of the office January 1, 1881.
It may be added by way of comment that it seems remarkable consider- ing the reputation of the Iowa county bar, its well recognized ability, and the enterprise of its members, no judge of either the District or Circuit courts has been selected from Iowa county until the present year, and that Judge Hedges is the first one elevated to that position. It can doubt- less be accounted for from the fact that in the district there are other coun- ties more populous, with cities of so much greater commercial importance than any in Iowa county, that the candidates for these positions from other counties have generally been enabled to outvote in the convention the dele- gates from lowa county.
PUBLIC BUILDINGS.
Court-house-Notwithstanding the fact that a large number, probably a large majority, of people in every county have very little practical ex- perience in the proceedings of 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 complusion 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 holding court is a matter of interest to the aver- age 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 en- shrined in memories that the present never can know; their uses were gen- eral rather than special, and so constantly were they in use, day and night, when court was in session and when it was not session, for judicial, educa- tional, religious and social purposes, that the doors of those court-houses, like the gate of gospel grace, stood open day and night, and the small amount invested in those old basswood logs or walnut weather-boarding re-
385
HISTORY OF IOWA COUNTY.
turned 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 fre- quently as a resting place for weary travelers, and, indeed, its doors always swung on easy hinges.
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