USA > Iowa > Lee County > The history of Lee county, Iowa, containing a history of the county, its cities, towns, &c. > Part 54
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FRANKLIN.
Townships 68 and 69 north, Range 6 west. Franklin was designated as the place for holding the first town meeting.
HARRISON.
Townships 68 and 69 north, Range 7 west. The first meeting of the electors was ordered to be held at the house of Jesse Johnson.
VAN BUREN.
Fractional Township 67 north, Range 7 west, the west half of Township 67 north, Range 6 west, and fractional Township 66 north, Range 7 west. The first meeting was ordered to be held at the house of Abraham Hinkle.
JEFFERSON.
Fractional Township 67 north, Range 5 west; also the east half of Town- ship 67 north, Range 6 west. The house of Cyrus Peck was designated as the place of the first meeting.
AMBROSIA.
Fractional Township 66 north, Ranges 4, 5 and 6 west. Ambrosia was named as the place for the first meeting of the electors.
JACKSON.
Fractional Township 65 north, Ranges 4, 5 and 6 west, and fractional Town- ship 64 north, Range 5 west. The first meeting of the electors was ordered to be held at the town of Keokuk.
MADISON.
Fractional Township 67 north, Range 4 west. The first meeting was directed to be held at the Washington House.
MARION.
This township was established at the regular meeting in April, 1841, and was declared to include Township 69 north, Range 6 west. The first meeting
453
HISTORY OF LEE COUNTY.
was directed to be held at the house of John Taylor on the 19th of the follow- ing May.
MONTROSE
was set off from Ambrosia at the July meeting, 1841, and included Town 66 north, Ranges 4 and 5 west. The first meeting of the electors was ordered to be held at the village of Montrose.
At the regular meeting of the Board in January, 1843, it was ordered that so much of Green Bay and Denmark Townships as was included in Congres- sional Townships 69 north, Range 4 west, and south of Skunk River, should be set off and established as a separate township, to be known as Denmark, and that the first meeting of the electors should be held at the schoolhouse in the village of Denmark.
PLEASANT RIDGE.
At the same meeting, a petition was presented to the Board from sundry citizens of the original Denmark Township, asking for a division of that town- ship. In answer to that petition, it was "ordered that so much of said town- ship as was included in Congressional Township 69 north, Range 5 west, as lies south of Skunk River, should be set off and organized as a separate town- ship, to be called Pleasant Ridge." The first meeting of the electors was ordered to be held at the house of Thomas M. Clark.
CHARLESTON TOWNSHIP.
At the regular January session, 1844, on petition of sundry citizens of Van Buren and Jefferson Townships, the Board of County Commissioners " ordered that so much of said townships as was included in Congressional Town- ship 67 north, Range 6 west, be erected into a separate township, to be known as Charleston, and that the first meeting of the electors of the said Charleston Township, should be held at the house of R. B. Robinson."
CEDAR TOWNSHIP.
At the regular July meeting, 1844, on petition of sundry citizens of Har- rison Township, the County Commissioners " ordered that that portion of said township included in Congressional Township 69 north, Range 7 west, be set off as a separate township, to be known and called Cedar Township." The house of Charles Brewington was designated as the place for holding the first meeting of the electors.
DES MOINES.
At a special meeting of the Board in August, 1842 (the 4th), it was " ordered that the township of Ambrosia be thereafter known as Des Moines." Since then, there have been no changes in township lines.
EXIT TERRITORIAL DEPENDENCY.
THE FIRST CONSTITUTIONAL CONVENTION.
In April, 1844, the people voted for the first time on the question of calling a convention to form a State constitution. The measure was carried by a large majority of votes, but for reasons explained on page 181 of this volume, Iowa did not become a sovereign and independent State until the 28th day of December, 1846. Under the law submitting the question of State government, Lee County was entitled to eight Delegates to the Constitutional Convention. The election of Delegates occurred on the 5th day of August, 1844, and David
454
HISTORY OF LEE COUNTY.
Galland, John Thompson, James Marsh, Calvin J. Price, H. M. Salmon, Charles Staley and Alexander Kerr were chosen to represent Lee County. All but Kerr were Democrats.
NOTE .- In September, 1839, according to a eensus taken under direction of Gov. Dodge, the entire white population of the " Forty- Mile Strip" was 10,581. In May, 1844, less than five years afterward, the population of Lee County was only 275 below that number, as shown by the following eensus statement, compiled by townships :
Green Bay Township.
443
Washington
TOS
Van Buren
527
Pleasant Ridge
500
Montrose ..
1,080
Harrison ..
$97
Charleston
763
Madison
1,113
Jetferson
..
485
West Point
1,113
Denmark
523
Franklin
. .
489
Des Moines
608
Jackson
1,011
Marion
446
Total. 10,256
A second Convention was held in May, 1846. The first Convention was composed of seventy members, and the second one of thirty-two members. Under the law calling the second Convention, approved January 17, 1846. Lee County was entitled to three members of the Convention. The election of Delegates occurred at the April election, and George Berry, Josiah Kent and David Galland, all Democrats, were elected from Lee County.
The last meeting of the Board of County Commissioners under Territorial authority was held on the 10th day of November, 1846, and was principally devoted to the examination and allowance of accounts against the county. Their last orders were in these words and figures :
Ordered, By the Board, that the following-named sums be allowed the same set opposite their names, for services :
Jesse ()'Neil. Commissioner, 2 days, at $2.50 per day. $5 00
Thomas Chinowith, Commissioner, 2 days, at $2.50 per day. 5 00
Amos MeMillan, Commissioner, 2 days, at $2.50 per day .. 5 00
Eli Stoddard, Clerk, 2 days, at $2 4 00
Peter Miller, Sheriff, 2 days, at $1
2 00
Ordered, That the Board adjourn until January 4, 1847.
THOMAS CHINOWITH.
JESSE O'NEIL, AMos McMILLAN.
Commissioners.
ELI STODDARD, Clerk.
STATE OF IOWA.
The transition from Territorial dependency to State independency was easy, and involved no change in the management of county affairs. The regular January meeting of the Board of County Commissioners was governed by the same rules that previously prevailed, and everything went along as smoothly as if "nothing had happened." The business was of the same nature-granting road views, anditing and allowing bills against the county, granting licenses to merchants, grocers, etc. Their last meeting was held on the 5th day of August. 1851. H. W. Hughes, William Skinner and John Crippin were the last rep- resentatives of the legal body known as a Board of County Commissioners.
455
HISTORY OF LEE COUNTY.
COUNTY COURT.
In 1851, a County Court was created (see Code of Iowa, 1851, chap. 15). The act creating the Court gave the County Judge jurisdiction of probate affairs and clothed him with all the powers previously exercised by the Board of County Commissioners. In short, it legislated the Commissioners out of existence. By the same act, the offices of County Treasurer and County Recorder were consolidated.
The first election for county officers under the new dispensation was held on the first Monday in August, 1851. Edward Johnstone was elected County Judge, and Robert McFarland was elected Treasurer and Recorder. The first entries on the "Minute-Book of the County Judge and County Court of Lee County, Iowa," are as follows :
EDWARD JOHNSTONE, County Judge elect, in and for said county, qualified by taking the oath of office, 20th August, A. D. 1851, which oath was filed in the office of the County Treasurer of said county.
AUGUST 21, 1851.
William Henry Temple to Mary Jane Alexander .- Application for a license for the marriage of said persons having this day been made to the Judge of the County Court, and proof of their competent age and condition being given under oath by G. W. Merither, and a receipt being presented from the County Treasurer therefor for the sum of one dollar, a license was there- upon issued.
The same day, Robert McFarland qualified as Treasurer and Recorder. As Treasurer, he was required to give bond in the penal sum of $25,000. William Skinner, John Crippin, H. W. Hughes, J. C. Walker, Thomas S. Espy and HI. M. Salmon were his sureties. As Recorder, he was required to give bond in the sum of $2,000. Philotus Cowles and R. McHenry were sureties on his Recorder's bond.
These officers were separated in 1865. Mr. Johnstone served four years as County Judge, and was succeeded by Samuel Boyles, who qualified on the 16th day of August, 1855, and entered upon the duties of the office.
Judge Boyles continued to serve until the management of county affairs was transferred to a Board of County Supervisors. The last entry under his juris- diction as County Judge appears under date of January 5, 1861.
FROM ONE EXTREME TO ANOTHER.
THE TOWNSHIP SYSTEM.
On the 22d of March, 1860, the State Legislature passed an act entitled " An act creating a Board of Supervisors, and defining their duties" (see Revis- ion of Iowa, page 48). This law went into effect July 4, 1860, and provided for the election of one Supervisor from each civil township. When assembled together for the transaction of county business, these town representatives were known as the Board of County Supervisors.
This system had its origin in Massachusetts, and dates back to 1635. The first legal enactment concerning this system provided that, whereas, "particu- lar towns have many things which concern only themselves, and the ordering of their own affairs and disposing of business in their own town," therefore, " the freemen of every town, or the major part of them, shall only have power to dispose of their own lands and woods, with all the appurtenances of said
+56
HISTORY OF LEE COUNTY.
towns, to grant lots, and to make such orders as may concern the well-ordering of their own towns, not repugnant to the laws and orders established by the General Court."* They might also impose fines of not more than twenty shil- lings, and "choose their own particular officers, as Constables, Surveyors for the highways, and the like." Evidently this enactment relieved the General Court of a mass of municipal details, without any danger to the powers of that body in controlling general measures of public policy. Probably, also, a demand from the freemen of the towns was felt for the control of their own home concerns.
Similar provisions for the incorporation of towns were made in the first Constitution of Connecticut, adopted in 1639; and the plan of township organ- ization became universal throughout New England, and came westward with the emigrants from New England into New York, Ohio, and other Western States, including the northern part of Illinois : and there being a large New England element among the population of Iowa, it is fair to presume that their influence secured the adoption of this system in Iowa, as created in the act already quoted. One objection urged against the county system (three Commissioners) was that the heavily-populated districts would always control the election of the Commis- sioners, to the disadvantage of the more thinly populated sections-in short, that, under that system, equal and exact justice to all parts of the county could not be secured.
The first Board of County Supervisors for Lee County was elected on Sec. 6. in -, 1860, and was composed as follows :
Green Bay Township, James D. Gedney : Denmark, Daniel T. Brown : Pleasant Ridge, George E. Stevenson : Marion, Joseph G. Street ; Cedar. Thomas G. Stephenson ; Harrison, Charles H. Leggett : Franklin, James A. Davis : West Point. John Arthur; Washington, Daniel McCready ; Madison. Charles Frederick : Jefferson, William Skinner : Charleston, A. C. Hankins ; Van Buren, Lewis Stone ; Des Moines, Johnson Meek : Montrose, Garry Lewis : Jackson, Arthur Bridgman and Jasper A. Viall. In drawing for terms, Messrs. Street, Stephenson, Leggett, Davis, Frederick, Skinner, Lewis and Viall drew for two years. The others drew for one year each.
In ballotting for Chairman, McCready received nine votes and Leggett received seven votes. Mr. McCready was declared elected. Erie S. Leach, Clerk of the District Court, was Clerk to the Board.
Rules and regulations. equal in length to the rules and regulations govern- ing a State Legislature, were spread upon the minutes. Committees were appointed on almost every conceivable subject, and in every respect the Board was abont as cumbersome and unwieldy as a State Legislature.
The system, however, did not long find favor with the people of the State, and, in 1871, was almost entirely abrogated. At least, the law was so far repealed or modified that the Board of County Supervisors was reduced from one member from each civil township, to three members from the entire county (see Code of Iowa, Chapter 2). From the time this law went into effect, in 1871, there has been no change in public management. The County Auditor is Clerk to the Board of Supervisors. The first Board under the system now in force was composed of J. P. Hornish, Edward Courtright and William Davis. The first meeting of the Board was held on the second day of January, 1871.
* The New England colonies were first governed by a "General Court," or Legislature, composed of a Governor and a small conucil, which Court consisted of the most influential inhabitants, and possessed and exercised both logis- lative and judicial powers, which were limited only by the wisdom of the holders. They made laws, ordered thoir execution by officers, tried and decided civil and criminal cases, enacted all manner of municipal regulations, and, in fact, transacted all the public business of the colony.
Herble
amas
459
HISTORY OF LEE COUNTY.
DISTRICT COURT.
FIRST TERM-NOTES AND INCIDENTS.
The first term of the District Court held in Lee County convened at Fort Madison, March 27, 1837, David Irvin, Associate Justice of the Territorial Supreme Court, who had been assigned to the Second Judicial District, com- posed of the counties of Dubuque and Des Moines, presiding. Francis Gehon, United States Marshal for the Territory, and Joshua Owens, Sheriff of Lee County, present. The first order of the Court appointed John H. Lines Clerk, and W. W. Chapman, afterward delegate to Congress, Prosecuting Attorney, pro tem. A venire facias was issued by the Court, and directed to the United States Marshal, and a grand jury summoned forthwith, consisting of the fol- lowing-named persons : Isaac Johnson, John Gregg, Isaac Briggs, E. D. Ayres, William Anderson, Samuel Morrison, Peter P. Jones, William Ritchie, Henry Hawkins, George Herring, Richard Dunn, Edwin Guthrie, Jesse Dickey, Calohill E. Stone, David Wright, John Stephens, George W. Ball, Benjamin Brattan, Joseph Skinner, Garrett I. Wood, John R. Shaver and James McAlleny.
The same persons were summoned by the Sheriff to serve as a grand jury, to look into offenses committed in Lee County. None of them were found qualified to act, and they were discharged ; and, it appearing to the satisfaction of the Court that a proper number of grand jurors could not be procured, the Marshal and Sheriff were discharged from summoning others.
The only business done at this term of Court was the approval of the bond of Aaron White, and granting him permission to keep a ferry at Fort Madison. His bond was in the sum of $1,000, with Joseph S. Douglass and Garrett I. Wood as sureties. The rates of ferriage were fixed as follows : Each footman, 123 cents ; man and horse, 372 cents ; wagon and two horses, $1; each addi- tional horse, 25 cents; loose cattle, each, 12} cents ; hogs, sheep, etc., 64 cents ; wagon and yoke of oxen, $1.
The grand jury summoned were allowed for one day's service, the Marshal and Prosecuting Attorney each two days and two hundred miles travel. After a session of two days, the Court adjourned until the next regular term.
This Court was held in a room prepared for the purpose, in the " Madison House," built by John H. Knapp, and managed, at the time, by Joseph S. Douglass, his son-in-law.
August 28, 1837, the second term of Court was held, with the same officers as at the previous term. Samuel Ross, Jesse Wilson, P. P. Jones, John Gregg, Campbell Gilmore, Jesse O'Neil, John Box, William Tyrell, Lorenzo Bullard, Leonard P. Parker, John G. Kennedy, Abraham Hunsicker, George Herring, William Anderson, Benjamin Brattan, E. D. Ayres, Henry Hawkins, Johnson J. Phares, John Stephenson, Aaron White, Joseph Skinner, Joseph S. Doug- lass, Thomas Small, Jr., and John L. Cotton, grand jurors. E. D. Ayres was made Foreman of the grand jury, and Philip Viele, Prosecuting Attor- ney.
The grand jury returned sixty-two indictments, of which fifty-six were for gaming, three for assault, one for injuring cattle, and two for assault with intent to kill ; both of which latter were against Wade Hampton Rattan. The cases against Rattan were called at the April term of Court, 1839, but he did not appear, and default was entered.
I
460
HISTORY OF LEE COUNTY.
In a letter written by Hawkins Taylor, Esq., and published in the Annals of Iowa, July, 1871, personal mention is made of the officers and grand jurors of the two first Courts, which is hero inserted :
Judge Irvin was originally from Virginia, but had been appointed a Judge for the Territory of Michigan, and presided in that part of the Territory now Wisconsin. Irvin was a man of ability, without the ordinary vices of that day ; he decided promptly and correctly. Few, if any, better Judges ever presided in that district. He was, and is, a bachelor, now living in Texas. When lowa was made a Territory, Irvin went back to Wisconsin and remained on the bench until 1841, when he was removed by President Harrison : after which he went to Texas, where he has lived sinee. He was a hard rebel during the war.
Chapman, after being the first delegate in Congress, went to Oregon, where he now resides. Gehon, the Marshal, is dead. Owens went to California, where he still resides as a respectable, good citizen. Lines, the Clerk, after holling the clerkship for many years, went to Oregon. weere he died in a few years' time, leaving his family comfortable, so far as the things of this world are concerned. Of the grand jury. Gregg, Briggs, Stephenson, Brattan. White and Ross all went to Oregon. Ayres. Anderson, Hawkins. Herring, Dann, Guthrie, MeAlleny. Parker. Hunsicker, Donglass, Wilson, Gilmore, O'Neil and Small are all dead. Wright still lives at West Point, and is as full of Democracy now as then.
The third and last term of Court held in Lee County, while a part of the Territory of Wisconsin, was commenced in Fort Madison April 2, 1838 ; the same Judge and other officers as at the previous term.
The grand jurors were Theophilus Bullard, James McAlleny, Joseph White, Abraham Hunsicker, Robert Herring, James T. Dinwiddie, William D. Knapp. Joseph M. Woods, Isaac Johnson, Charles M. Jennings, John Granter, Jesse Dickey, Henry D. Davis, John Gregg, Jefferson Chitwood, William P. Hoag- land, Lewis Pitman, Alfred F. Kennedy, Benjamin Thomas and Hawkins Taylor. The lawyers in attendance at that Court were J. W. Woods, David Rorer, Henry Eno, M. D. Browning, James W. Grimes and Franklin Perrin. At the suggeston of Judge Viele, the Proseenting Attorney, James T. Din- widdie was made Foreman of the grand jury.
Mr. Taylor continues :
Dinwiddie was a hard-working blacksmith, living a few miles below town, an honest man. a Kentuckian by raising, a man of powerful will and constitution, a good fighter, and able to man- age a large supply of whisky and still wield the sledge-hammer; but when the jury retired to the garret of the " Madison House." where Court was held, the Foreman had much more than his usual supply. Maj. Herring moved that llawkins Taylor act as Secretary for the jury. This the Foreman took as a direct insult, and declared that he "could do all the writing needed by the jury," and at once demanded that, if any one was to be indicted. "bring them in."
The first case presented was the steamboat "Bee." The offense was the taking-off of old man Kellogg. Deputy Sheriff, who had gone on board to serve an attachment on the boat, when the Captain eut his line, backed out, and took the othicer down to Warsaw, where he only ran near enough to the shore to allow him to jump off. Kellogg was a weakly, timid, good old man. When he appeared before the grand jury, the Foreman took his pen and marked down the case. and then turning to the witness, said with great earnestness. " Where is the steamboat Bee?" To this the witness could give no positive information, as he had not seen her since the previous fall. The foreman then said bitterly : " If you want the steamboat Bee indicted, bring her up here. bring her up here. She may be gone to the devil, or she may be gone to Texas. Ifyou want her indicted, bring her up here." and at once commenced to tear up the memorandum that he had made, saying loudly, but to himself. " No bill, no bill." and then turning to the witness, " You may go;" and he went, apparently, with about as much feeling of relief as when he escaped from the steamer the fall before.
Several other cases were brought up and disposed of by the Foreman in the same summary manner, one being a case of James Fike for an assault with intent to kill made on George Per- kins. a peaceable, good citizen. In this case the Foreman found a true bill.
The next morning, sentinels were placed below town to meet the Foreman and get him into the jury-room before he had an opportunity to take more whisky than he could manage. The plan was successful, and after that there was no trouble with the Foreman. But there were many amusing incidents that took place in the jury-room. Amongst them, Heury D. Davis, who was a member of the jury, tried to indict Morehead (who had, while in jail, ent up and destroyed his leather) for breaking jail. Davis proved by Isaac Johnson, another juror, that Morehead was in the habit of crawling into the Jail at night ; in fact, that he went out and in when he wanted to.
461
HISTORY OF LEE COUNTY.
At this term of Court all the indictments found at the previous term, with two or three exceptions, were dismissed, as being defective.
CRIMINAL MENTION.
Since the organization of Lee County, December 7, 1836, and the second term of Court in August, 1837, as many as fifty indictments for murder have been returned. Out of this number, there have been but few convictions, and in only one case has the death-sentence been pronounced. The sentence, however, was never carried into execution. The sentence was in these words, as shown by the records at Fort Madison :
State of Iowa vs. Philip Nash, June 4, 1859, District Court. Trial on indictment for murder. This being the day set for sentence, it is adjudged by the Court that the said Philip Nash be taken hence to the Jail of the county of Lee, from whence he came, and thence to the place of execution in said county, and that he be there hanged by the neck until he is dead ! dead ! ! dead !! !
Thereupon the Court issued the following warrant to the Sheriff :
" These are therefore in the name and by the authority of the State of Iowa, to command you that on Friday, the 30th day of December, 1859, between the hours of 9 o'clock in the forenoon and 4 o'clock in the afternoon of said day, you take the said Philip Nash to some convenient place of execution in said county, and there and then execute the judgment of this Court against said Philip Nash by the neck until he is Dead ! Dead ! ! Dead ! ! !
Nash broke jail before the time of execution and has not since been heard from.
A DOUBLE MURDER.
THE GRAESER TRAGEDY.
On the morning of the 15th day of March, 1878, the people of Fort Mad- ison were startled by the announcement of a horrible murder, robbery and arson the night before, five miles west of the city, in Jefferson Township, and not far from where John Miller and Henry Leiza were murdered by the Hodges in 1845. The victims of this double murder were an aged German couple named Henry and Margaret Graeser, who had settled where the murder was committed some thirty years ago. By patient industry and that frugality which is charae- teristic of the German people, they had amassed a handsome little fortune, a considerable part of which was in ready money, and which they had loaned out to different individuals. But having met with quite a loss by the failure of one firm to whom they had made a loan, and several banks failing about the same time, they called in their loans and thereafter kept their money in the house. At the time of the murder it was supposed they had about $4,000 on hand and hidden away somewhere in the house.
The spot where stood the dwelling of this childless old couple stood, is one of the most lonely imaginable. The house stood on an eminence, a short distance back from the road, and was surrounded by the forest. Between 10 and 11 o'clock on the night of the 14th of March, Jacob Graeser, a brother of the murdered man, who lived a short distance away, saw his brother's house in flames. He hurried to the burning building. When he arrived there, he found no signs of human life, and awoke the silent echoes of the night by calling the
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