USA > Iowa > Warren County > The history of Warren County, Iowa, containing a history of the county, its cities, towns, &c., a biographical directory of its citizens, war record of its volunteers in the late rebellion, general and local statistics &c > Part 43
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They also establish a township by the name of Whitebreast, bounded as follows: Commencing at the southeast corner of Union township; thence west to the northeast corner of Otter township; thence south to the south- east corner of Otter township; thence east to the southeast corner of town- ship 74, range 22; thence north to the place of beginning. The place of holding elections shall be at the house of Andrew Willis, in said township.
At the March session, 1851, a petition was presented from E. Graham, praying for an alteration in the boundaries of Otter precinct, which was granted, as follows: Commencing at the southeast corner of section 31, township 75 north, of range 22, west; thence running north to South river, to the mouth of Otter (creek); thence up Otter creek to the north line of section, range 23, west, township 75, and thence to the old original line. And the place of holding elections shall be at the town of Hammonds- burgh in said township.
At the March meeting, 1851, Taylor township was attached to Washing- ton for all purposes.
THE FIRST COURT.
The first court was held in the county in September, 1849. It was held in the old log school-house called the Union School-house. The grand jury sat upon a fallen tree, and the district attorney, Barlow Granger, drew the two indictments, which were found while sitting on a stump, and upon two sheets of paper torn from a book.
The docket is as follows:
At a district court begun and holden at the Union school-house, in said county, in the State of Iowa, on Monday, the 24th day of September, A. D. 1849, present the Hon. William Mckay, judge of the Fifth Judicial District, in said State, the following proceedings were had, to-wit: Barlow Granger was appointed Prosecuting Attorney for the State of Iowa, in and for Warren county. And there being no legally summoned grand jury for the present term a venire was issued to the sheriff for him to summon a grand jury to serve during the present term. The sheriff returned the venire with the following named persons as grand jurors, to-wit: Mahlon Haworth, D. A. Felter, Ulysses Berger, Samuel Haworth, Morman Haworth, Henry Hays, John M. Laverty, Jonathan Dillon, Alfred Clark, John Adamson, Thos. Blackford, Amos Barker, senior, R. M. Hightower, G. M. Aldrich, Jno. S. Wallace, Wm. Manley, Daniel Barker-seventeen good and lawful men, who being duly elected, charged and sworn to inquire of crimes and misdemeanors committed in the county of War- ren, and John M. Laverty was appointed foreman, and then they retired in charge of a sworn officer.
. DOCKET.
PHILEMON MORRIS - VS. Appeal.
THOMAS J. HILL.
Now at this time come the parties, and by agreement this cause is dismissed, at the defend- ant's cost. It is therefore considered that the said plaintiff recover of the said defendant his costs herein expended.
STATE OF IOWA
WILLIAM W. HURST. S vS. Recognizance.
This day come the parties by their attorneys, and the court, after inspecting the case and hearing the evidence of the parties, do adjudge the recognizance in this case shall be dismissed.
To show that our early settlers began unmarrying about the same time they were marrying, we insert the following petition:
339
HISTORY OF WARREN COUNTY.
FRANKLIN BENGE
ELIZABETH BENGE. VS. Petition for Divorce.
It appearing to the satisfaction of the court that the respondent in this case has been duly served with process according to law, and the said defendant, being three times solemnly called, came not, but made default thereto. And it is considered, adjudged and decreed that said petitioner's bill of complaint be taken as confessed; and that the bonds of matrimony heretofore existing between said parties he, and the same are, hereby dissolved and held for naught, and that the petitioner pay the costs herein expended.
The grand jury returned indictments as follows:
STATE OF IOWA VS. Recognizance.
WILLIAM W. HURST.
This day came the State by her attorneys, and the defendant by his attorney. The court, after inspecting the case and hearing the evidence of the parties, do adjudge the recognizance in this case should be discharged, and the recognizance released from its obligation.
STATE OF IOWA
VS. Assault.
EDWARD BALES.
Now at this time comes James Bales and Alexander Bales, and acknowledge themselves surety for the appearance of the said defendant at the next term of the District Court, in the penal sum of two hundred dollars.
STATE OF IOWA VS. Assault.
JAMES BALES.
Now at this time comes the said defendant and Thomas Benge, and acknowledge them- selves indebted to the State of Iowa in the sum of two hundred dollars, conditioned, that the said James Bales shall appear at the next term of the District Court, and answer to the indictment of an assault with intent to kill.
Ordered that the court adjourn until next term.
WILLIAM MCKAY, Judge.
The second court met in the court-house at Indianola, in September, 1850, and the grand jury was composed of Lewis Johnson, David McClure, William C. Simmons, Jolin Bryant, Thomas J. Linnard, John Crews, Enoch Graham, Levi Hollingsworth, William Shawver, Matthew Millican, Henry Hays, James Arnold, Zachariah Nicholson, Thomas Benge, Daniel Barker, Thomas Blackford and Joel Scott. Daniel Barker was appointed foreman.
Madison Young was appointed special prosecuting attorney for Warren county.
The first trial by a jury is recorded this term, and is entitled The State of Iowa v. Samuel Johnson on indictment for petit larceny.
The jurymen were John Cary, Amos Bogue, Samuel Haworth, Jere. M. Hawortlı, Isaac Mardock, John A. Smith, Richard Thompson, Joseph Hockett, David Taylor, Wm. W. Hurst and Elijah Johnson. They found the defendant guilty, and adjudge a fine of $12.50 and imprisonment in the county jail forty-eight hours, with costs.
The first man convicted of a felony in the county was James M. Hern, for larceny, at the September term of 1851, and was sentenced to the peni- tentiary for two years and five months. J. M. Hamilton conducted this first convict to the penitentiary at Fort Madison.
The Cullisons, charged with larceny, were acquitted at this term.
The grand jury for 1851 was composed of James Nicholls, Alex. Ginder,
340
HISTORY OF WARREN COUNTY.
David Taylor, Ulysses Berger, James Carpenter, Ennion Williams, John C. Campbell, Mark Williams, Henry Hays, E. R. Smith, James Dotson, John Spurgin, Alfred Rhoads, John Goss and William M. Jones. David Taylor was foreman and Robert G. Hammond, bailiff.
The grand jury for 1852 was composed of the following: Eli Posegate, Daniel Barker, John Goss, Samuel Owen, James C. Graham, John Lam- bert, Alexander Bales, Horton Beeson, Mahlon Haworth, David Taylor, Albert Randolph, James H. Dinwiddie, James Nicholls, Thomas Black- ford and Matthew Millican, of which Daniel Barker was appointed fore- man.
The name of R. W. Steele is the first which appears as a regular practi- tioner before the court, and that of George Brinkerhoff is the second.
The first seduction case appears on the docket at the October term of 1852, which was reported as settled. A second case was entered at the same term and the defendant pleaded the absence of a material witness in the case and that he could not proceed to trial.
The first citizens naturalized in the county, so far as shown by the records, were James Serry and William Hastie, at the October term of 1854.
John Wood and Wm. Runciman were next naturalized in 1856, at the March term.
THE FIRST LAND TRANSFERS.
Know all men by these presents :- That I, Harrison Jordon, of the county of Warren, in the State of Iowa, in consideration of the sum of seven hundred dollars, in hand paid by Samuel Owen, of the county of Howard, and State of Indiana, have bargained, sold and conveyed unto the said Samuel Owen, his heirs and assigns, forever, the following premises, situated in the county of Warren, in said State, and bounded and described as follows: The west half section thirty-four, in township seventy-six (76) north, range twenty-three (23) west, in the county of Warren, and State of Iowa.
To have and to hold said premises, with the appartenances, unto the said Samuel Owen, his heirs and assigns forever, and the said Harrison Jordon for himself and heirs doth cov- enant with said Samnel Owen, his heirs and assigns, that he is lawfully seized of the premises aforesaid, that the premises are free and clear from all incumbrances whatsoever, and that he will forever warrant and defend the same, with the appurtenances, unto the said Samuel Owen, his heirs and assigns, against the lawful claims of all persons whosoever.
In testimony whereof, the said Harrison Jordon has hereunto set his hand and seal, this eleventh day of October, in the year of our Lord one thousand eight hundred and forty-nine.
HARRISON JORDON. [L. s.] Executed in presence of
J. M. HAWORTH.
STATE OF IOWA,
WARREN COUNTY. S
Before me, Jeremiah M. Haworth, a Justice of the Peace, personally appeared the above named Harrison Jordon, personally known to me to be the person whose name is subscribed to the aforesaid deed, as party thereto, and acknowledged the signature and sealing of the above conveyance to be his voluntary act and deed, this eleventh day of October, A. D. 1849. JEREMIAH M. HAWORTH, Justice of the Peace.
The second is from Jonathan Dillon to Joseph Cary, on the 14th of No- vember, 1849.
The third is from Mahlon Haworth to Isaac Posegate, on the 28th of January, 1850.
The first entries of lands were made in 1848, the first year the land was in the market.
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341
HISTORY OF WARREN COUNTY. THE FIRST DELINQUENT TAX LIST.
TREASURER'S OFFICE, WARREN COUNTY, IOWA. S
List of land at tax sale for the year 1852, in the county of Warren, State of Iowa:
OWNERS' NAMES
PART OF SEC.
SEC.
TWP.
RNG.
TO WHOM SOLD
PRICE
James Young. . . S. W. S. W.
76.
24.
R. W. Steele ...
$ .60
Edward Keeler ..
1, 2,3, 24
66
7
Ind'ola
Z. H. Hockett ..
.95
John Fitzgerald. S. E ..
30.
76.
24. . .
R. W. Steele.
1.25
The following is 'a copy of the notice posted in the townships in which the above land is situated:
NOTICE
Is hereby given that all the land in Warren county, Iowa, on which the taxes for the year 1852 have not been paid, will be sold at public auction to the highest bidder, at the court- house door in Indianola, the county seat of Warren county, Iowa, on the 30th day of May, A. D. 1852, between the hours of 9 o'clock A. M., and 5 P. M., of said day.
GEO. BRINKERHOFF, Treasurer Warren County.
I hereby certify that the above notice was posted in the township in which the above land is situated.
Sworn and subscribed before me.
GEO. BRINKERHOFF, Treas.
P. P. HENDERSON,
County Judge.
FIRST SCHOOL RECORD.
STATE OF IOWA, OCT. 23d, 1849.
WARREN COUNTY.
I, Samuel Haworth, School Fund Commissioner for said county, have this day set off town- ship 76, in range 22, west, in Union precinct in said county, for school district, No. 1, and ordered an election for the board of directors for the same.
SAMUEL HAWORTH, School Fund Commissioner.
THE FIRST COUNTY ROADS.
At the regular session of July 1, 1850, the board say that they have agreed that they will establish a rule to govern the granting of county roads, the said rule will be as follows: That the petitioners shall pay the expenses of viewing roads and laying out the same, except the surveyor's fee.
At this session they also "grant a view for a road commencing at or near the northeast corner of section 12, in township 76, range 22, west; thence on the nearest and best ground to Carpenter's mill, on Lower (now South) river; and from thence on the nearest and best ground to the seat of justice of Warren county; and appoint Thomas J. Sinnard, H. A. Lam- bert and James Carpenter, viewers." They grant another road view on a road commencing at or near the north side of Traner Reynolds' farm, at the east side of said county, westward to the south side of Solomon Moffitt's
Lots 4, 5. . . .
6, 7 ..
13. Block 16 18
342
HISTORY OF WARREN COUNTY.
farm; thence to Jonathan Dillon's; thence to P. P. Henderson's; thence to Indianola, on the nearest and best way.
FIRST MARRIAGE LICENSE.
First marriage license was issued to Franklin Benge to marry Miss Arena Bales, on the 30th day of October, 1849. Benge was the man who, as we have already seen, was divorced from his wife at the first term of court.
The second marriage license was that of John Beeson and Miss Polly Ann Haworth, on March 28, 1850.
TAX LIST FOR 1849.
STATE OF IOWA,
COMMISSIONERS' CLERK'S OFFICE,
WARREN COUNTY. S Aug. the 20, 1849.
This is to certify that the following duplicate of the assessments of the year eighteen hun- dred and forty-nine is correct, as appears from the assessment rolls.
These are, therefore, in the name of the State of Iowa, to command you, Jeremiah M. Haworth, collector of said county, to proceed and collect the same according to law.
Witness my hand and seal, this the 20 of August, A. D. 1849.
JONATH. DILLON, Clerk of Board C. Com. Per PARIS P. HENDERSON,
Deputy.
I, Paris P. Henderson, do hereby certify that the assessment for the year 1849 is correct. August 20th, 1849.
P. P. HENDERSON, Sheriff and Ex-Officio Assessor.
TAXES, INCLUDING POLL TAX.
Adamson, John. $ 1.37
Clayton, Commodore $ 1.142
Aldrich, G. M.
3.02
Clark, Alfred. 1.85
Aldrich, H. S.
.608 Conner, Wm. D. .647
Anderson, H.
1.52
Conner, Peter. 1.043
Barker, Daniel
3.95
Dinwiddie, James H.
1.07
Bales, Edward.
1.37
Dillon, Jonathan
5.339
Bales, James.
1.415
Devore, Cornelius
1.043
Bales, Alexander
1.301
Dillon, William
5.204
Bersee, Daniel.
1.394
Farley, James.
3.00
Billings, Calvin
2.40
Freel, James B
4.84
Blackford, Thomas
.806
Freel, Benoni
1.01
Baker, W. W
.743
Fraley, D. A. 5.54
Butcher, Jno. H.
.50
Feagins, Thomas.
1.265
Ball, Wm. S.
2.468
Fetter, D. A.
1.04
Berger, Ulysses.
1.628
Fitzgerald, John.
2.24
Brown, Sanford S.
.65
Ginder, Alexander
4.697
Barnett, William
1.046
Ginder, William. .95
Bogue, Amos M 2.36
Gardner, William. .50
Clifton, James
.86
George, Evan 2.496
Clongh, Thos. M
2.40
Henderson, Paris P
.98
Carpenter, James
1.51
Haworth, Samnel.
5.396
Onrry, William T.
1.20
Haworth, Jeremiah M. .854
Cunningham, John
.782 Haworth, John M .74
Carr, A. J ..
.98
Haworth, John L 1.832
Cooper, James
1.448
Haworth, Dillon
4.804
lapt M Le Randleman
1
1
HISTORY OF WARREN COUNTY.
345
Haworth, Morman $11.276
McClelland, John R $ .563
Haworth, Mahlon ..
7.72
Orender, John.
.98
Haworth, Harmon
2.18
Posegate, Eli.
5.15
Haworth, George.
1.94
Posegate, Isaac
1.10
Haworth, Joseplı
.772
Pile, Alfred ..
1.676
Haworth, Milton
.833
Renninger, Michael.
2.00
Hockett, Joseph.
.772
Reed, A. D.
1.898
Hockett, Havila ..
.50
Richardson, Michael
1.652
Hollingsworth, Levi
3.203
Reeves, Samuel.
.50
Hammond, R. G
1.268
Richard, George
1.40
Hill, Thomas J
1.46
Richard, Henry .
.872
Hays, Henry
4.182
Richard, Nathan
1.20
Higby, Obadiah
1.20
Richard, William M
1.20
Hackney, Jesse.
.629
Reynolds, Mathias
1.196
Hellam, Squire.
.812
Sinnard, Thomas S.
1.205
Hightower, R. M.
.968
Smith, Elijah B.
1.07
Hightower, Thomas
.572
Smith, William
.50
Hazleton, Thomas
2.424
Smith, J. A.
1.679
Hurst, William W.
1.583
See, Adam.
1.712
Howard, Daniel.
.856
See, George ..
.50
Jordon, Harrison
3.62
Spray, John C.
1.208
Johnson, Elijah
1.254
Spray, Aquila ..
.98
Johnson, Lewis.
1.358
Simmons, Wm. C.
1.157
Johnson, Stephen
.50
Spergin, Philip.
.829
Laverty, James (no poll tax assessed)
2.64
Scott, Joel
.776
Lambert, Philip
1.469
Serry, Edward.
.71
Lambert, H. A
1.358
Taylor, A. B.
1.382
Lambert, John
1.262
Troy, John W.
.86
Lambert, Hugh
1.19
Thompson, Samuel.
.578
Lair, David.
.794
Teakle, Hiram
1.124
Longley, James
.785
Updyke, Samuel. 1.028
1.04
Mardock, Isaac
2.03
Whithed, Thomas
.854
Myrick, William
.30
Woodsides, John.
1.343
Manley, William
.50
Williams, Ennion
1.538
Myers, William
2.282
Willis, Anderson
3.146
Mills, John P
.572
Willis, Martin
1.142
Moffitt, Charles.
.89
Willis, Felden.
.83
Moffitt, Solomon
1.055
Willis, John.
1.25
Manson, Philo
.56
Willis, Greenberry
.74
This first assessment or tax list is written on two sheets of foolscap. It contains one hundred and eleven names, and the total tax is as follows:
State tax
$ 53.814
County tax
168.628
Under the head of County Finances the reader will find statistics in regard to the taxation of the present day, and as compared with the above it will present some amusing, if not altogether gratifying, points of com- parison. A brief comparison will show that as the world moves the tax
22
Spergin, John
1.028
Landing, John
.65
Wallace, Jno. S
346
HISTORY OF WARREN COUNTY.
gatherer moves with it; but while the immense increase in taxation is noted, it must not be forgotten that there has been an enormous increase in the wealth of the county and in the extent of its public business.
THE FIRST CLAIMS ALLOWED.
At the April term of 1849 the following claims were allowed:
No. 1. P. P. Henderson, services as organizing sheriff. $ 5 75
No. 2. D. A. Felter, returning poll-books of Union precinct 1 20
At the July term the following were allowed:
No. 3. A. D. Jones, services as commissioner for locating county 14 00
seat
No. 4. William Wear, the same.
14 00
At the October term the following appear:
No. 5. Jonathan Dillon, services as commissioners' clerk from January 1st
19 50
No. 6. P. P. Henderson, for serving notice of election 2 00
For assessing the county .
12 00
For summoning jurors. 12 00
For attending September term of District Court. 1 00
No. 7. Daniel Barker, for returning poll-books of April and Angust elections, and for services as county commissioner .. 5 00
No. 8. Alex. Ginder, services as commissioner, and for going to Des Moines on official business. . 6 00
No. 9. Harrison Jordon, for clerking two days in term time. 2 00
No. 10. Samuel Haworth, for services as commissioner. 2 00
At the November session :
No. 11. Thomas Hazleton, returning poll-book of Otter precinct. 50
No. 12. Joel Scott, services as commissioner 1 00
No. 13. Joseph Hockett, for furnishing stakes for survey, to be paid out of lot-fund 5 00
No. 14. Ennion Williams, for carrying chain seven days
6 50
No. 15. Peter Conner, for carrying chain sixteen days
16 00
No. 16. William Gardner, carrying chain one day
1 00
No. 17. Harrison Jordon, for services as clerk, and other official business. 9 50
No. 18. Daniel Barker, services as commissioner four days 4 00
No. 19. Joel Scott, services as commissioner three days 3 00
Total . $135 95
These constitute all the claims allowed during the first year's history of the county.
The second tax list, that for 1850, is acknowledged as follows:
" AUGUST 8th, 1850.
"The treasurer of Warren county, State of Iowa, receives the tax list for collection, where he is charged with $511.40 for county purposes, and $210.25 for State purposes, and $45.00 for school purposes."
This is the first school tax which appears on the records of the county.
347
HISTORY OF WARREN COUNTY.
THE OLD COURT-HOUSE.
A history of the court-house of Warren county would almost be a his- tory of the county itself, and no more vivid picture of the county's growth could be suggested, than that which comes from a comparison of the pres- ent magnificent court-house with the old one of pioneer days. But that old house is enshrined in memories that the present can never know. It stood on the ground now occupied by the opera-house, and was used for every possible purpose and had a career of great usefulness. School was taught, the gospel preached and justice dispensed within its substantial old walls. Then it served frequently as a resting place for weary travelers, and indeed its doors always swung on easy hinges.
If the old settlers are to be believed, the old conrt-house often rang on the pioneer Sabbaths witli a more stirring eloquence than enlivens the pul- pits of the present time. Many of the earliest ministers have officiated within its walls, and if those old walls could speak, they would tell many a strange pioneer tale of religion, that is now lost forever. The preacher would mount a store box in the center of the room, and the audience would disperse themselves about on the benches.
The old court-honse was built soon after Indianola acquired a name and its citizens had made it a habitation, for in the records of the January ses- sion of 1851 of the commissioners, we find the following record. It sug- gests that some previous action in the adoption of a plan had been taken, but what that original plan was we have been unable to discover. The record goes on to say :
"The Board makes the following alteration in the plan of building the court-house, which is not named in the bond between the board and the undertakers, the undertakers is to put a plain cornice on the front and sides of the building, the said undertakers will finish the same to correspond with building, which the board will allow a reasonable compensation. And the stairs to run up on the inside instead of ont at the northeast corner of the building, with a good panel door for to lead from the outside of the building to go up the stairs, and the rooms to be altered some. the stairway to be ceiled and separate from the court-room, and the board allow a reas- onable compensation for the difference in the work. The doors in the front of the building to be panel doors. Only the front window to have Vene- tian blinds, the others to be batten."
Levi Chandler was employed by the commissioners at the July meeting of 1851, " to furnish lumber and materials, make and set up in good order, benches, tables and stand for the court-rooms, which the said Chandler shall receive just compensation for said work, to be left to a board of mechanics if they cannot otherwise agree."
To that old log court-house ministers came of different faiths, but all eager to expound the simple truths of a sublime and beautiful religion, and point out for comparison the thorny path of duty, and the primrose path of dalliance. Often have those old walls given back the echoes of those who did a song of Zion sing, and many an erring wanderer has had his heart moved to repentance thereby more strongly than ever by the strains of homely eloquence. With Monday morning the old building changed its character, and men came there seeking not the mercy of God, but the jus- tice of man. The scales were held with an even hand. Fine points of law were doubtless often ignored, but those who presided knew every man in
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348
HISTORY OF WARREN COUNTY.
the county, and they dealt out substantial justice, and the broad principles of natural equity prevailed. Children came there to school, and sat at the feet of teachers who knew but little more than themselves, but however humble the teacher's acquirements, he was hailed as a wise man and a ben- efactor, and his lessons were heeded ,with attention. The doors of the old conrt-house were always open, and there the weary traveler often found a resting place. There, too, the people of the settlement met to discuss their own affairs, and learn from visitors the news from the great world so far away to the eastward.
Simple emigrants stood there, and filled listening ears with tales of events over the sea. There the shameful story of the coup d'etat was made clear with many explanatory passages and matters of detail never dreamed of on the boulevards of Paris, where the drunken and infuriated soldiery fired upon unresisting, peaceful citizens, merely to create a stupefying terror upon which the Empire might be founded. There, long after this event, was told another story of a different character. The sufferings from the Irish famine were expounded by men and women racy of the soil, who could tell with a shudder of the days when it first became apparent that the food crops of the nation had failed. The story was a truly sickening affair, such as no European people had unfolded for more than a century, and when the first recital was ended the wanderers were urged to begin again. The sad story was continued for days and weeks at intervals, with a pathos which brought tears to the eyes of the strongest men. The doubts that brooded in the air in old Ireland when stories came to the peasants from afar, about crops looking beautiful at night and by morning were a stench over the country side. How the poor creatures said in Ave Maria with redoubled faith over their potato fields, but could not postpone the evil day when a smell of putrefaction penetrated every dwelling, and it was known that over millions of acres of food, upon which many millions relied for sustenance, the de- stroying angel had passed. The famine followed, with its deaths beyond number, reckoned by the ignorant at millions in excess of the whole popu- lation of Ireland, but actually carrying off nearly seven hundred thousand men, women and children. Then their eyes would glisten for a moment, says Mr. Tuttle, as they told with tears of joy of the fleets of ships that came over the Atlantic laden with grain, which a noble charity had sent from America to the sufferers. "Even England, the hard-hearted Saxon race, which since the days of the Plantagnet has never ceased to be our oppressor-even England bowed down in the dust by our side to pray for ns, and to give us succor." Thus the court-house of the old time was the scene of many an affecting pow-wow.
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