USA > Iowa > Polk County > The history of Polk County, Iowa : containing a history of the county, its cities, towns, &c., biographical sketches of its citizens, war record of its volunteers in the late rebellion, general and local statistics, portraits of early settlers and prominent men > Part 58
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778.17
Unpaid bills
478.74
Total
$3,099.34
The following extracts from the report of a committee appointed to ex- amine into the condition of the farm, made at the beginning of the present year, will be of interest to the reader:
Value of farm.
$18,200.00
Value new buildings and repairs
435.75
Value horses .
1,360.00
Value cattle. 2,244.80
Value hogs.
1,334.05
Value farm implements
1,026.20
Value grain and hay .
1,895.80
Value vegetables, etc.
364.30
Value miscellaneous-house furnishing
1,111.05
Value miscellaneous in insane building
658.82
Value poultry
25
Total
$28,655.77
" And we would further report that we find, on examination, everything in each department in excellent condition, and everything about the farm house and insane building show attentive care and the best of manage- ment.
" And we would recommend to your honorable board that the present Steward, Mr. John McLean, and his faithful wife be retained as such for the best interest of the taxpayers of Polk county.
"And we feel that it is a pleasure to commend to you the efficient man- ner in which the Steward, Mr. Joseph McLean, and the Matron, Miss Lydia Glaze, have discharged their duties in the insane department.
457
HISTORY OF POLK COUNTY.
" And we find on examination, that the horses, cattle and hogs show that the Superintendent, Mr. Parmenter, and the Steward, Mr. McLean, have exercised the best of judgment in their selections for building purposes.
" There is an abundance of hay and grain sufficient for the needs of the farm and of the best quality.
" And we find there have been many needed improvements made within the past year in the way of fencing, tile drainage, ice house, walks, etc. We find that during the past year a well has been dug that affords an abundant supply of water and meets a much needed want.
" We would suggest to your honorable Board that an engine be attached to the present steam boiler, now in the building, to operate the force pump in case of fire, and also we would recommend the purchase of a feed grinder of sufficient 'capacity for the wants of the farm, which is much needed in our estimation.
" And it is a pleasure to us to report that the duties devolving on Mr. Nat. Parmenter, as Superintendent of the farm, have been satisfactory, and in his retirement from the office the county loses a good and efficient officer.
"R. M. BRISCO. "WM. GORTON. "ASA TURNER, JR."
CHAPTER VII.
ADDITIONAL COUNTY AFFAIRS.
First courts-Reminiscences of the early bar of Polk county-Finances-Political-Offi- cial Directory.
THE first term of the District Court for Polk county, was held in Fort Des Moines in April, 1846. In order to provide a room for this august body the board of County Commissioners issued the following order:
Ordered, That room No. 26, occupied by Miss. Davis as a school-room, be vacated for the approaching session of the District Court.
This room No. 26, was one of the buildings which had been erected in 1843 by Capt. Allen for the use of the garrison. When the garrison was removed the General Government made a grant to the county of one hun- dred and sixty acres of land, comprising the site of Fort Des Moines, to- gether with all the buildings thereon. Thus it was that the Board of County Commissioners had control of all these buildings. Room No. 26 was situ- ated in one of the buildings located in a row along 'Coon river, commonly called "'Coon row."
The county was a part of the Second Judicial District which included the south half of Iowa and was presided over by Judge Joseph Williams, an illustrious and eccentric individual of whom more will be said hereafter. Perry L. Crossman was Clerk, he having been appointed some time pre- vious for the purpose of organizing the county. Thomas Mitchell was Sheriff, he having been elected to that office at the first organizing election. Iowa being then a Territory, the United States was represented by Thomas Baker, District Attorney, and John B. Lash, Marshal.
458
HISTORY OF POLK COUNTY.
The original record of this court, made with lead pencil on a sheet of legal cap, has been loaned to the writer by Barlow Granger. We make the following extracts:
"TERRITORY OF IOWA, "POLK COUNTY.
WA, & District Court, April Term, 1846.
" At a District Court in and for said county of Polk, in the Territory of Iowa, begun and holden on the 6th day of April, 1846. Present: the Hon. Joseph Williams, Judge of the said Territory, Thomas Baker for the Unit- ed States, District Attorney for said Territory, John B. Lash for the United States Marshal for said Territory, Thomas Baker District Attor- ney for the Eleventh District of said Territory, and Perry L. Crossman Clerk of the District Court in and for said county. It appearing to the Court that no legal Grand Jury has been summoned to be and appear be- fore said Court at the present time, it is therefore ordered by said court that a venire issue forthwith directed to the Sheriff of said county, com- manding him to summons twenty-three good and lawful men to appear forthwith before said court to act as Grand Jurors in and for said county; and it appearing to the Court that there is no legal Sheriff, or other officer legally authorized to take charge of such venire, and there being no further business before said Court for this day, it is ordered that said court now ad- journ until to-morrow morning at ten o'clock.
"J. WILLIAMS, Judge.
"Tuesday morning, ten o'clock, April 7th, 1846. Court met pursuant to adjournment, present the same as on yesterday. Ordered by said Court that the eagle side of a twenty-five cent piece of American coin shall be the temporary seal of said Court, in and for the said county of Polk, until a proper seal be provided for. And now on this day the Sheriff returned his venire aforesaid, with the following named persons to-wit:
William Lamb, Benjamin Saylor, John B. Scott, Peter Newcomer, Samuel Dill, Newton Lamb, John Baird, Thomas McMullen, George B. Warden, Jeremiah Church, J. M. Thrift, Shaden Wellman, Samuel Deford, A. Bromson, Samuel Shafer, G. B. Clark, W. W. Clapp, W. F. Ayers, J. D. Parmelee, James Davis, J. J. Meldrum, and Thomas Leonard, all good and lawful men, and it being too late in the day for further business it is ordered by the Court that Court now adjourn until to-morrow at 2 o'clock P. M.
"J. WILLIAMS, Judge.
"Wednesday 2 o'clock P. M., April, 1846. The Court met pursuant to ad- journment, present the same as yesterday. And now on this day the Mar- shal of said Territory returned his venire for a Grand Jury on the part of the United States in and for said county of Polk, together with the jurors aforesaid all good and lawful men, and said Grand Jurors being duly elect- ed, tried and impaneled, charged and sworn as Grand Jurors on the part of the United States and the Territory of Iowa, retired in charge of Lewis Whitten, a sworn officer for that purpose to consider of such mat- ters as may come to their knowledge according to their charge and after be- ing absent for some time, returned into court and informed said court that they had no bills or presentments to make, and that they had no further
459
HISTORY OF POLK COUNTY.
business to engage their attention. It is therefore ordered by said court that said Grand Jurors be discharged.
"And there being no further business for the Court at this term, it is or- dered that this court adjourn till the next term in course of law.
"J. WILLIAMS, Judge."
Thus it will be seen that the first term of the District Court for Polk county, lasted but three days, and very little business except that of a purely formal character was transacted. The second term was held in Sep- tember of the same year, and was more important. Joseph Williams was Judge, and Perry L. Crossman Clerk. Thomas Baker United States Dis- trict Attorney and John B. Lash United States Marshal were in attendance and Thomas Mitchell was Sheriff. The following is a list the Grand Jurors: J. B. Mallet, John Thompson, George Maggs, John Q. Deacon, James Campbell, Alexander Sumner, Norman Ballard, S. K. Scovell, T. H. Napier, W. H. Meacham, Samuel Vanatta, Wm. Lamb, Benjamin Saylor, T. K. Brooks, Samuel Shafer, Samuel Kellogg, John Rose.
The Petit Jury consisted of Samuel Drill, Aaron Coppick, G. B. Clark, James White, John Parrot, Thomas Morris, George Rives, Eli Smithson, Alfred Bowman, Benjamin Frederick, Lincoln Ballard and John Rose.
This last named gentleman a few years afterward removed to Boone county, where he was elevated to the office of justice of the peace and where he still resides. Although it be a digression we cannot refrain from reproducing the record of one of his first official acts; it is a transcript of a case which was appealed to the District Court:
" DAVID NOAH, Plaintiff, VS.
- In Debt.
" 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 previous 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 subpænas 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 :
460
HISTORY OF POLK 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 rendered, mak- ing sixteen dollars.
" Constable's fees, $6.40
" Juror's fees, 4.52
" Witness fees, 4.42
" Justice's fees, 2.43¿
" Total
" JOHN ROSE, J. P." $17.77ª
" July 21, 1851.
The following are extracts from the journal of the second term of the Polk County District Court:
" JOHN ROSS
VS. Trespass. Damages $500.
" WILLIAM LAMB et al.
"Now come the defendants by their attorneys and move the court to strike this cause from the docket. And all matters and things touching the same having been fully heard and inspected by the court it ordered that this cause be stricken from the docket and that the defendants recover from the plaintiff their costs by them expended. Taxed at five dollars and sixty- eight cents.
" ADDISON MICHAEL
" GEORGE DILLY. VS. Debt $200; damages $100.
" UNITED STATES VS. Appeal.
"WM. F. AYERS.
" OWEN OSBORN
VS. Appeal.
" WM. M. COTTINGHAM.
461
HISTORY OF POLK COUNTY.
"Perry L. Crossman resigned the office of Clerk, and A. D. Jones was appointed his successor.
"On motion of William McKay, Wm. D. Frazee was admitted to the bar.
" EDWIN MANNING
VS. Assumpsit by attachment; damages $450.
" ROBERT A. KINZIE.
" The grand jury having been illegally selected, a new venire was ordered."
" JOHN T. MELDRUM
" THOMAS MITCHELL. vS. Replevin; damages $500.
"This case was tried by the jury and a verdict was rendered in favor of the defendant. The plaintiff, by his attorney, moved to set aside the ver- dict and for a new trial. The motion was sustained, a new trial granted and case continued till next term.
" JONAS HOOVER r Assumpsit; damages $500.
VS.
" PRIOR C. WOODWARD.
"SAMUEL MOCLELLAND - Debt, $66.77}; damages, $50.
VS.
" JOSEPH EHLE.
"Phineas M. Casady an applicant for admission to the bar, on motion of Thomas Baker, having produced to the court a certificate of his having been regularly admitted as an attorney and counselor at law in the Circuit Court and superior courts within the State of Indiana, and said Casady having been found upon examination in all respects qualified, it is ordered that he be admitted and licensed to practice as an attorney and counselor at law and solicitor in chancery in this court. Whereupon the said Phineas M. Casady appeared in open court and took the oath required by law.
"EDWIN MANNING vS. Garnishment.
" PERRY L. CROSSMAN.
"EDWIN MANNING - Garnishment.
vS.
" ADDISON MICHAEL.
" ADDISON MICHAEL - Debt.
VS.
"GEORGE DASLEY.
" OWEN E. OSBORN
vS. Appeal.
" WM. M. COTTINGHAM.
$
462
HISTORY OF POLK COUNTY.
" UNITED STATES VS. " WILLIAM LAMB,
"GEO. KOONEY,
& Riot.
" WM. KOONEY,
" THOS. HENDERSON,
" BENJ. BRYANT.
"In this case the bill of indictment having been decided not to be a true bill the defendants were discharged."
The court adjourned October 1, 1846, to the next term in course which occurred in May, 1847.
The third term of court was held in May, 1847. J. P. Carleton presided at this term of court. It was at this term of court that William McKay was admitted to the bar; he afterward became Judge of the District Court. R. L. Tidrick and A. D. Jones were also admitted to the practice of law in the District Courts of Iowa during this term.
In May, 1848, the fourth term of court was held, Cyrus Olney presiding. William McKay held his first term of court in Des Moines in May, 1848. Important changes had taken place in the manner of districting the State in the meantime, and Polk county was now a part of the Fifth Judicial Dis- trict. Polk county is still a part of the Fifth Judicial District but the Terri- tory comprising this district is much different now from what it then was; the district, as now constituted, was formed in 1857, and is made up of Polk, Warren, Dallas, Madison, Guthrie and Adair counties.
At the term of court already alluded to, in May, 1849, the following was placed on the record of the court:
" On motion, Barlow Granger produced to the court a certificate, given by three Judges of the Supreme Court of the State of Iowa, licensing him to practice in the Superior Court and the District Courts of this State which certificate being satisfactory to the court, Barlow Granger appeared in open court and took the oath required by law.
" Hoyt Sherman presented to the court a certificate, granted by the Su- preme Court, licensing him to practice in the Supreme and District Courts, which being satisafctory to the court, Hoyt Sherman appeared in open court and took the oath required by law."
These two gentlemen, during the time they were in the active practice of the law, together with P. M. Casady, R. L. Tidrick and William McKay whose admission to the bar has already been noted, were the leading attor- neys of Polk county and the judicial district in which they resided. In the records of the first term of the Boone county court held in 1851, we find the following:
" 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., here- tofore appointed by the court for that purpose, it is therefore ordered that Wesley C. Hull be admitted to practice as an attorney at law and solicitor in chancery."
Reference has already been made to Fleming-Perkins difficulty. In the record of the October term of court, 1849, we find the following:
463
HISTORY OF POLK COUNTY.
" STATE OF IOWA VS. Indictment for an Assault.
" ASA FLEMMING.
" And now comes John M. Perry, Prosecuting Attorney, and comes also the defendant in his own proper person, and being arraigned on the indict- ment puts in for his plea on this behalf, not guilty. Thereupon comes a jury, to wit: Stephen Harvey, Elijah Canfield, Dillon Haworth, Richard Stanton, Eli Keeler, Granville Hendrix, Lewis Barlow, Elias Compton, John Hayes, James Stewart, A. M. Lyon and Isaac Everett, twelve good and law- ful men who being duly tried, impaneled and sworn the truth to speak upon the issue joined between the parties, after hearing part of the evi- dence were dismissed till to-morrow morning under the instruction of the court."
The case was concluded on the following day and the jury returned a ver- dict of not guilty.
Judge Mckay held his last term of court in March, 1854. P. M. Casady was elected to be his successor in the following April. Mr. Casady, how- ever, resigned without holding a single term of court. C. J. McFarland was appointed to fill the place left vacant by the resignation of Mr. Cas- ady, and at a subsequent election was chosen to that position by the people over his Whig competitor, W. W. Williamson. We shall have occasion to. refer again to this individual, he being, without doubt, one of the most. eccentric persons who ever presided over a court in the State of Iowa.
Judge McFarland held his first term of court in Des Moines, in Septem- ber, 1854. During this term J. H. Gray, afterward Judge, was admitted to the bar, and M. M. Crocker formed a partnership with D. O. Finch, who came the year previous. The first murder trial occured this term, and we make the following extract from the record.
"STATE OF IOWA
VS. Indictment for Murder.
"PLEASANT FOUTS.
"Now comes the said defendant, and the indictment having been read to him in open court, and under its direction, by Barlow Granger, Prosecuting Attorney, he thereupon pleaded 'not guilty' to the same charges.
"Therefore, the Court ordered said defendent to appear on to-morrow, at twelve o'clock, to answer."
The record in the case, as made on the following day, was as follows:
"STATE OF IOWA - Indictment for Murder.
VS.
"PLEASANT FOUTS.
"Now comes William H. McHenry and brings into Court the body of Pleasant Fouts, heretofore arraigned, who, after having conferred with his counsel, Messrs. Bates, Parrish and Finch, files an affidavit for a change of venue, subscribed and sworn to in presence of the Clerk of this Court, and
36
464
HISTORY OF POLK COUNTY.
gives as reason that, owing to the prejudice existing in the minds of the people of Polk county against him, the said Pleasant Fouts, he cannot, as he believes, receive a fair and impartial trial. It is, therefore, adjudged by the Court that a change of venue be granted to Jasper county. It is further- more ordered by the Court that Wm. H. McHenry, Sheriff of Polk county, have, on the second day of next term in the court-house in the town of Newton, the body of Pleasant Fouts, then to be tried in the indictment found by the Grand Jury. It is also ordered that Win. Mckay assist the Prosecuting Attorney on behalf of the State, and that the witnesses give bond for their appearance at Newton on the second day of next term of this Court."
The first alien was naturalized this term; the following is the record:
"Alfred Gleim, a native of Saxony, having applied to be admitted as a citizen of the United States, and it appearing by proof that he is duly qualified, and more than two years declared on oath, before the Clerk of this Court, that it was his intention to become a citizen and renounce and forever adjure all allegiance and fidelity to any foreign prince, potentate, State, or sovereignty, whatever, and particularly to John Frederick, King of Saxony, of whom he was late a subject, and the said Alfred having declared on oath before the Court that he will support the Constitution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity as aforesaid, it is ordered that he be admitted as a citizen of the United States, and entitled to all the rights and privileges of the same."
The following term appeared the first divorce case. The record is as follows:
"MARY ANN GREEN VS. Petition for Divorce.
"HAMPTON GREEN.
"This cause came on to be heard upon the issue found and was submitted to the Court, and the Court having heard all the evidence introduced by the parties, and having heard the arguments of the counsel, and being duly advised in the premises, do order, adjudge, and decree, that the marriage contract heretofore existing between said Mary Ann Green and Hampton Green be, and the same is hereby dissolved, and both parties freed from the obligations thereof. It is further decreed that the defendant pay to the plaintiff as alimony the sum of five hundred dollars within thirty days, and that execution issue therefor, as upon judgments at law; and it is fur- ther ordered that the defendent pay the costs herein expended."
During the term of March, 1856, Wesley Redhead was admitted to the bar.
Judge McFarland held his last term of court in Polk county, in August, 1856, and his successor, William M. Stone, held his first term in June, 1857. Judge Stone occupied the office for two years, and was succeeded by John H. Gray, who assumed the duties of the office at the beginning of the year
465
HISTORY OF POLK COUNTY.
1859. Judge Gray was re-elected at the expiration of his first term of office. His health failed, and during the early part of the year 1865 Judge William Loughridge, from the Oskaloosa District, came up to Polk county and held a short term of court. Judge Gray dying soon afterward, Gov- ernor Stone appointed C. C. Nourse to the office. Judge Nourse held a special term of court in Polk county in November of this year for the pur- pose of disposing of the large amount of business which had accumulated on account of the sickness of Judge Gray. During the fall of 1866 Judge Nourse resigned, and the bar of Polk county adopted a series of resolutions complimenting the retiring Judge for the efficient and impartial manner in which he had discharged the duties of the office.
Upon the resignation of Judge Nourse, H. W. Maxwell who in the meantime had been nominated by the dominant party for that position was appointed to fill the vacancy occasioned by the resignation of Judge Nourse. Judge Maxwell having been elected to the position which he then held by appointment, October, 1866, and being again elected in 1870 held the office till January 1st, 1874. John Leonard was elected in the fall of 1874 and held the office for four years. In October, 1878, William H. McHenry was elected as Judge Leonard's successor; he is at present the incumbent, his term of office not expiring till January 1st, 1883.
THE CIRCUIT COURT.
The District Courts of the State becoming over-crowded 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 jurisdiction of probate matters.
According to the new law the Fifth Judicial District was subdivided into two circuits, the first circuit being composed of Polk, Dallas and War- ren.
In 1872 the Legislature changed the law so as to make a Judicial Dis- trict and a Judicial Circuit include the same territory.
The Legislature of 1878 again amended the law in respect to two Judi- cial Districts where the business had accumulated so that the courts as then constituted, could not meet the demands of the litigants. One of these districts was the Fifth which was again subdivided into two circuits, the first consisting of Polk and Warren counties, and the second comprising the counties of Madison, Dallas, Guthrie and Adair.
The Circuit Court of Polk county has been presided over from the first by Judge John Mitchell. He was elected in 1868, and his present term of office will expire January 1st, 1881, making a period of twelve years that he will have occupied that honorable position.
AN OLD COURT DOCUMENT.
Among the records of the courts of Polk county is recorded the last will and testament of Jacob Frederick, one of the first settlers of the county, who died many years ago. Besides being old the document is rather pecu- liar, and believing it will be a matter of interest it is hereby reproduced. :
"In the name of the Most High God and benevolent Father of all:
466
HISTORY OF POLK COUNTY.
"I Jacob Fredericks of Polk county, Iowa, do make and publish this my last will and testament.
"ITEM 1. All the expenses of my last sickness and funeral expenses to be first paid and all my just debts. When my small library is sold and the money collected it is my will and desire that the money be sent to Wash- ington City to aid in building the monument to commemorate the great and good illustrious Washington.
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