USA > Iowa > Washington County > The history of Washington County, Iowa, its cities, towns, and c., a biographical directory of its citizens > Part 46
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For the purpose of comparison we again introduce Warren and Keokuk, giving au exhibit of county expenses for the year 1878:
WARREN COUNTY.
Courts
$12,390 34
Grand jury
876 25
Township officers
1,419 55
Supervisors and county officers
7,508 68
Collection delinquent taxes
50 '90
Roads
23 50
Certificate of balance
5,219 76
Assessor's
991 00
Fuel for court-house and jail
315 29
Goods for court-house and jail
181 29
Jail expense.
644 55
Books, stationery and printing
3,036 97
Janitor .
520 00
Miscellaneous
2,541 34
Total county fund
14,044 76
Total bridge fund.
5,580 10
Total poor-farm fund
1,784 03
Total insane fund
357 55
Total
$41,158 10
In the foregoing exhibit for Warren county the item of $12,390.34, charged up to court expenses, will seem to be nnusually high. It is ac- counted for by the fact that in Warren county there has been for years a very expensive murder trial, in which nearly the half of a township was implicated one way or another.
365
HISTORY OF WASHINGTON COUNTY.
KEOKUK COUNTY.
Courts
$ 2,390 34
Supervisors
765 86
Superintendent of schools
980 27
Other county officials
2,999 15
Township officers
2,235 66
Roads and bridges
6,270 86
Fuel, light and repairs, county buildings
873 44
Books and stationery .
1,197 20
Sheriff's deputies and bailiff's
797 29
Jail expenses .
754 45
Deaf, dumb and insane
1,705 24
Justices and constables.
716 53
Witnesses in justices' courts
755 25
Elections
579 75
Poor-house
2,709 83
Insane building.
2,864 20
Poor outside infirmary
1,800 11
Printing
1,463 58
Miscellaneous
204 15
Total
$32,063 16
FIRST BILLS ALLOWED.
The first money appropriated by the board of commissioners out of the connty treasury was on July 1st, 1839. The order was as follows:
Ordered, that John Crill be allowed the sum of twenty-four dollars ($24.00) for assessing the poll tax and taxable property of said county and that the clerk of the board be author- ized to grant and issue a county order to the treasurer of said county in favor of said Crill to that effect.
On the 17th of July, 1839, it was ordered that Colwell Neil be allowed $4.50 for three days' service as chain-bearer in laying out the town of Wash- ington. For the same kind of service $4.50 was allowed Thomas M. Neil; $2.25 Wm. Basey; $2.50 Nathan Baker. August 15th, 1839, the sum of $9.00 was voted to J. B. Davis for services in assisting in laying out of the town of Washington.
At a meeting of the board, October 7th, 1839, the following claims were allowed:
S. P. Teeple, 7 days service as commissioner $ 21 00
J. B. Davis, 2 days services as commissioner 4 37
William Conner, for town stakes 3 00
Thomas Ritchey, locating seat of justice.
18 00
John Gilliland, locating seat of justice.
18 00
William L. Harvey, swearing in locating commissioners 1 00
Richard Moore, 4 days' services as commissioner 12 00
Morgan Hart, one day's service as commissioner
3 00
J. M. Snyder, surveying seat of justice
63 62
Thomas Baker, services as clerk. 7 00
Thomas Baker, services as clerk.
15 00
Total
$ 160 00
366
HISTORY OF WASHINGTON COUNTY.
In appropriating funds for the payment of claims two kinds of orders were drawn. For services in locating, surveying and otherwise improving the county-seat, orders were drawn on the town fund, while for other ex- penses orders were drawn on the county fund. The town fund was that created by the sale of lots, while the county fund came from the collection of taxes, license, fees, fines, etc.
It has already been seen that at the last sale of lots there was realized the sum of $915.50, and that the tax list of 1839 amounted to $281.00. The license fees probably swelled the county fund that year to about $500.00; the licenses were as follows: grocery, $25; store, $10; clock-peddlers, $100. These two funds were kept distinct for a number of years, and sep- erate accounts were kept with each fund.
The list of claims as before given were against the town fund; at the same session of the board the following claims against the county fund were allowed:
Richard Moore, services as county commissioner $ 5 62
Richard Moore, services as county commissioner. 3 00
Simon P. Teeple, services as county commissioner 6 00
J. B. Davis, services as county commissioner 6 00 Morgan Hart, services as county commissioner
3 00
Nathan Baker, clerking and returning poll books to Wapello, Louisa county. 13 50
Nathan Baker, viewing Wapello road.
3 00
A. H. Haskell, viewing Wapello road
3 00
H. A. Stone, viewing Wapello road . 3 00
Thomas Baker, services as county clerk
33 00
Total
$ 79 12
Both town and county orders were at a discount but of the two, town orders were worth the more. The first county order, No. 1, dated October 7. 1839, called for $3.00, and was drawn in favor of A. H. Haskell.
During the first two years after the organization of the county there were issued one hundred and sixty orders on the county fund amounting in all to $871.79. Out of this sum the county clerk, Thomas Baker, received $200 as salary, which was more than all the other county officials received in common.
The commissioners received three dollars a day while in session, or en- gaged on committee work.
The assessor for the year 1839, as before stated, received $24.00 for trav- eling all over the county and making the entire assessment; in 1840 he re- ceived $36.00 for the same services.
David Goble, the first county treasurer, was allowed $20 for the year's services.
OLD RECORDS.
The early official records of Washington county, while they are meager, yet some of them show great care in keeping, while in some cases the spelling and punctuation and penmanship are curiosities to behold, yet it must be borne in mind that they only inaugurated the "spelling reform," which is now becoming such a mania. Few of the old records have been copied,
.
367
HISTORY OF WASHINGTON COUNTY.
and yet there are some of the books in a good state of preservation and the writing is as legible as the day that the entries were first made.
The first district court record is particularly well preserved. Thanks to the thirty-dollar appropriation made for books by the first commissioners' court, these records were placed in a volume which up to the present time has withstood the ravages of rats and the tooth of time. Mr. Baker, the first clerk of court, was a good penman, a scholar of ordinary ability and possessed some qualifications requisite to this position. He was careful, industrious and reliable; although it has been thirty-five years since these records were made, they now compare favorably with the best records of recent date. When we recollect that at first the character of the books and quality of paper was inferior, that the county clerk attended to all the work of the office without the aid of a deputy, and owing to his meager salary was compelled to spend a large portion of his time earning a living as a farm hand, and further, that for many years there was no suitable place to keep these records, the fact appears that the connty must have been most fortunate in the selection of its first public officials.
The original tax levies and tax sales are perhaps the most faulty, as the file is incomplete and some of them in existence are so badly rat-eaten and faded that they are illegible; some of them are also faulty in that they do not bear the date of the levy or the sale. These records are as varied as Joseph's coat, and it is hard to tell in some cases just whose work it was, and when donc.
But however disappointing to the historian, the old record has its virtues and has many strange and often amusing features. Those who wrote it did not think, perhaps, they were making history, but the smallest inci- dents of that early day have now become of interest.
They were kept on foolscap paper, sewed together in the form of a book and covered with the coarsest kind of brown wrapping-paper. They are ancient and faded little volumes and afford a remarkable contrast to the elaborate and carefully kept records of the present day. They exist now only as curiosities, their usefulness having long since departed.
THE FIRST COURTS.
Casual reference has already been made to the term of court held at Astoria, in and for the county of Slanghter, by David Irvin, judge of the second judicial district. This was on the 7th of May, 1838. Also of the second term hield on the 22d of October, 1838, by Joseph Williams, who seems to have been Irvin's successor, and the first term held in and for the county of Washington, on the 17th of June, 1839. We shall now proceed to speak more particularly of these terms of court.
The record of the first court runs as follows :
"At a district court for the county of Slaughter, in the Territory of Wisconsin, began and held at Astoria, on Monday the 7th day of May, A. D. 1838: Present, the Hon. David Irvin, Judge of the Second Judicial District of the said Territory of Wisconsin.
"The court being satisfied of the character and qualifications of Thomas Baker doth appoint him clerk of said court, and hereupon the said Thomas Baker came into court and with Nelson Ball and David Goble, his secure- ties, entered into bond in the penal sum of two thousand dollars to William B. Slaughter, secretary of the said Territory of Wisconsan conditioned
368
HISTORY OF WASHINGTON COUNTY.
according to law, and the said Thomas Baker took and subscribed the oaths required of him by law and entered upon the Discharge of the duties of his said office
" Ordered by the court that the Seal of which the following is an im- pression be the Temporary Seal of this Conrt
" [TEN CENTS.]
"On motion of William W. Chapman, District Attorney of the United States of america, it was ordered that a venire facias for a Grand Jury on behalf of the United States of america Ishne and was ishued to the Mar- shal of the Territory of Wisconsan, Returnable into the Conrt, and there. upon the Said Marshal returned the following named persons into Court
MILES.
MILES*
" Joseph Bnffington, foreman 20
James Hall. 20
Thomas Calwell 12
Isaac Hall 20
Nelson Ball 16 M. D. Osborn
7
Hendray Osburn 7
Oliver Sweet
6
John W. Neil
8
Thomas Neil 20
John Hulock
4
Joseph Boan 10
David Goble, Jr
4 Isaac Pence
12
Harrison Goble 5 David Goble, Sr .. 0
Joseph Dearborn 22 David Osburn 7
"The said persons aforesaid being summoned, Sworn and empanneled ac- cording to Law as Grand Jurors as aforesaid entered npon the discharge of their duties and returned into the Court presentments, indictments or busi- ness to be discharged as Said Jury and ware allowed for one days atten- dence and mileage according to the number of miles which are anexed to to their names.
"Ordered that William B Chapman, District Attorney of the United States of america, be allowed for one days attendence upon the court and for fifty miles Travel.
"Ordered that the marshal of Said Territory be allowed for one days attendence on the court and for summoning a Grand Jury and for Two Hundred and forty miles travel
"Ordered that Court adjourn until the next Term in coars.
"Signed David Irvin Judge of the 2d Judicial D. of W. T.
" Attest " Thomas Baker Clerk.
"I do certify the above to be true Copy of the proceedings of the Court therein alluded to.
Thomas Baker Clerk of said court.
SECOND COURT.
The record runs as follows:
"Oct 22d 1838 Be it Known That I Joseph Williams Judge of the Second Judicial District for the Territory of Iowa do hereby appoint Thomas Baker Clerk of the Several Courts in and for the county of Slangh- ter in said Territory of Iowa with power and authority to do all and per- form all and every act appertaining to Said office in Witness whereof I have hereunto set my hand the day above written.
"Signed Joseph Williams Judge of 2d Judicial District I. T.
"I do certify the above to be a true copy of the appointment of said clerk
Thomas Baker Clerk of Said Conrt W. C. I. T.
369
HISTORY OF WASHINGTON COUNTY.
"Territory of Iowa "Slaughter County j ss
"I Thomas Baker Clerk of the Several Courts of Said County do swear by almighty God, the Searcher of all hearts as clerk as aforesaid I will Keep a true and correct record of all Judgments, orders and decrees of the said courts and Generally that I will do and perform all the duties of the office of clerk as aforesaid with fidelity and that as I shall answer to god. at the Great Day Thomas Baker.
" Sworn and Subscribed before me the 22d day of Oct 1838
"Signed Joseph Williams Judge 2d Judicial District I. T.
" I do certify the foregoing to be a true copy of the oath of office taken by me Thomas Baker Clerk.
" Territory of Iowa "Slaughter County [ Ss
" And now viz October 22d 1838 which being the day according to the- appointment of the proclamation of the Governor of Iowa Territory for holding the District Court for the united States and also the district for the Territory of Iowa being present also G. A. Hendray deputy marshal of Said Territory and Thomas Baker clerk appearing in order to attend to the business of said County and no person appearing either as parties, attorneys or jurors, the court after being organized by opening the same and there being no business the same was duly adjourned till the next term in course
"Examined and approved"
THIRD COURT.
The third term of court, the same being the first court, in and for the county of Washington, was held at or near the town of Washington, be- ginning on the 17th day of June, 1839, and ending on the 17th day of June, 1839.
The following were impaneled, on behalf of the United States, as grand jurors: Wm. B. Thompson, Thomas Wilson, William Ayers, David Goble, Sr., William Basey, Mathew Moorhead, Richard Moore, John W. Neil, Thomas Ritchey, Abraham Hulock, John Hulock, William L. Hervey, Nathan Griffith, George Parks, John Grimsley, Harrison Goble, Daniel. Powers, David Goble, Jr., Ira Maulsby and John Maulsby.
The record goes on to say, "And these being all good, true and lawful men and being duly summoned, sworn and charged by the Court to en- quire &c, retired to consider such matters and things as might come under their cognizance, and after some time said grand jury returned into court and informed the court that they had no bills or presentments to make- whereupon they were discharged from further attendence "
It seems that there were no persons summoned as petit jurymen at this term and consequently no jury trials.
370
HISTORY OF WASHINGTON COUNTY.
There were two cases on the docket, one of which was continued and the other disposed of. The former it being the first one on the docket, is en- titled
"Joseph Field and Dennis Marks Surviving partners of the late firm of Stone, Field & Marks
"vs.
"Milo Holcomb, Surviving partner of the late firm of Holcomb & Bullock" The case was a plea of trespass on the premises of the plaintiff to the damage of said plaintiff in the sum of three hundred dollars. The record says:
" And now to wit, June 17th 1839 came the defendant and by his counsel Isaac Van Allen into Court and waves all objection to the service of the writ in the ease and files his plea viz the general issue and his case is continued until the next term of this Court."
The case was afterward compromised by Milo Holcomb agreeing to pay the costs of the suit, which he did as follows: Clerk's fees $ 1 623
Docket fee
3 00
Sheriff's fee 2 93%
Total
$ 7 561 The other case is entitled
"Jeremiah Smith "ys "Isaac Pence"
The case was a plea of trespass upon the premises of the plaintiff to the damage of said plaintiff in the sum of one hundred dollars. The record says:
"That on the 17th of June 1839 came the defendant Isaac Pence and the plaintiff by J. B. & G. W. Teas, his attorneys and it was agreed that the defendant confess judgment in favor of plaintiff for the sum of sixty-five dollars and fifty cents and costs of suit and that defendant have a stay of execution for the term of three months by giving security."
The costs are certified as paid as follows:
Clerk's fees
$ 2.87}
Docket fee 3.00
Sheriff's fee 5.88
Total
$11.75₺
FIRST DIVORCE.
The first divorce case came up at the next term of court, in October. John D. Wood and his wife, Elizabeth, being the parties. The defendant being a non-resident an order was made by the court for publication of notice of suit eight weeks in the Burlington "Hawkeye." At the next term of court the decree of divorce was granted. Senator Grimes was attor- ney for the plaintiff in this suit.
371
HISTORY OF WASHINGTON COUNTY.
FIRST CRIMINAL CASE.
The first criminal case tried in the District Court of Washington county came from Muscatine county on change of venue. It appears on the docket as the case of THE UNITED STATES vs.
LESTER WALLIS.
The charge was that of passing fictitious bills. He was found guilty and sentenced to three years' imprisonment in the penitentiary at Fort Mad- ison. This being the first criminal case tried by a Washington county jury it will be a matter of interest to know the names of the jurymen. They were as follows: Thomas Wilson, George Stott, James Moore, Nathan Griffith, Baalam Anderson, William Forbes, Amos Embree, John Maulsby, Samuel Blair, John J. Jackson, Daniel Powers and Thomas Tucker.
GRAND JURY FOR 1840.
David Goble, Sr.
E. C. Fairchild.
Elijah Londer.
Absolom Tansy.
William L. Harvey.
Almon Moore.
Joseph Patterson.
Robert Pringle.
Asa Webster.
James Brier.
William Lewis.
George Parker.
Joel Long.
Jacob Mason.
William R. Wallace.
Huglı Smith.
John McVey.
Riley Garren.
John Essley.
Samuel Stephens.
Amos E. Moore.
R. B. Davis.
Joseph Middleton.
E. C. Fairchild was appointed foreman and Thomas Bennett, bailiff.
.
PETIT JURY FOR .1840.
William Basey.
Michael Hayes.
W. Ayers.
Joseph B. Rodgers.
Joseph Basey.
Elijah Hilton.
Joseph Adams.
Emsley Carmichael.
Thomas Bennett.
Jonathan R. Wilson.
Israel Smith.
Thomas Wilson.
James Moore.
Henry Williams.
Samuel Blair.
John J. Jackson.
John Conner.
C. C. Hendrix.
W. Reeves.
Ezra Cleinons.
James Dawson.
Joseph Dawson.
Thaddens Moore.
W. Essley.
It seems, from the list of indictments found during this year, that then as now the matter of selling liquor contrary to law demanded a large por- tion of the attention of grand juries.
The board of commissioners were accustomed to license grocers to sell liquor by paying an annual fee of $25. Instead of going to the trouble and expense of securing a license persons frequently sold liquor without a license, and in such cases the jury indicted.
372
HISTORY OF WASHINGTON COUNTY. THE FIRST DISTRICT JUDGE.
As Judge Williams was a somewhat noted character, more particularly for eccentricity than for legal attainments, though we believe he had the reputation of being a good judge, we deem it proper to give a brief sketch of him.
With regard to his history we know but little, either previous to the time of which we are writing, or since. At that time he was about fifty years of age, and had worn the ermine many years. In a territorial act fixing the terms of the District Courts, approved Jannary, 1839, we find his name as appointee over what was then called the Second District, com- posed of the counties of Lonisa, Muscatine, Cedar, Johnson and Slaughter. He was a person of remarkably good conversational powers, and delighted in telling anecdotes. His musical talent was much above the average, both vocal and instrumental. Often after delivering a temperance lecture, full of eloquence, and interspersed with humorons passages, he would sing a favorite song called "Little Billy Neal," with an effect seldom surpassed, calling up an applause of such hearty, boisterous delight as has seldom greeted a star actor. He was master of most musical instruments, but for drawing tunes ont of that sweetest, sweetest-toned of all, "the fiddle and the bow," he was particularly distinguished in this attainment. In addi- tion to his vocal talent as a singer, he possessed that weird, mysterious power of using his voice as a ventriloquist, and could imitate the cry of various kinds of animals so correctly that the uninitiated could not fail being deceived. He would sometimes imitate the squalling of a belligerent cat, to the great aların and mystification of the ladies, who could neither discover the brawler, nor learn from whence the noise came.
At this point we beg leave to introduce a couple of anecdotes hearing upon his notoriety as a musician: Many years ago, on the occasion of a convention at Iowa City in the interests of a proposed railroad from Mus- catine to that place, Judge Williams and Le Grand Byington were in violent opposition to each other upon some points of which we are not informed, nor does it matter so far as the interest of this sketch is concerned. After the convention, a young amateur in the art of drawing produced a carica- ture representing Joe. Williams seated astride an enormous bull, playing a clarionet. The bull was on the railroad, with tail erect and head down, pawing up the earth, and prepared to combat the further progress of a locomotive which was close upon him, upon which was Le Grand Byington as engineer, and from the whistle of which ascended the words, "Music hath charms, but cannot soothe a locomotive."
On another occasion, being that of an election of Supreme Judge and United States Senator, by the State Senate, Judge Williams was before the Democratic caucns for the judgeship, and Geo. W. Jones (sometimes called Nancy Jones, and known as a dancing master), for the Senate. Their com- petitors of the same party were S. C. Hastings, formerly president of the territorial council, for the judgeship, and Hon. T. Wilson for the Senate. The last named gentlemen were at Iowa City just previous to the time of election, laboring carnestly with the members of the Senate to secure their choice. But at the caucus, which came off during the night preceding the day of election, it was decided to elect Williams and Jones.
The following instance of his peculiar powers as a ventriloquist is related of him: It occurred during the first term of the District Court at Knox-
373
HISTORY OF WASHINGTON COUNTY.
ville. Most of those attending court there boarded at Babbit's, and it so happened that one night the little boarding-house was so full that it was barely possible for all to find sleeping room. The Judge, with lawyers Knapp, Wright and Olney, were supplied with beds in the lower story, whilst the jurors and numerous other attendants found room to stretch themselves on the loose upper floor, using blankets, coats and whatever else they had provided for beds. When, after much ado, they had all got set- tled down for a nap, they were suddenly startled by the terrific squalling of what appeared to be a couple of tom-cats in mortal combat in the room. Instantly all hands were up and in search of the supposed disturbers, but no cats could be found, and the surprised boarders returned to their beds without any very satisfactory conjectures as to the whereabouts of the noc- turnal brawlers. But they had hardly composed themselves again for rest when the loud and boisterous growling and snapping of a couple of bellig- erent bull-dogs, apparently in their very midst, brought them all up stand- ing. And then followed an uproar such as language could convey but an indistinct idea of, the dogs maintaining the combat with mingled growling, barking and whining, and the inen endeavoring, with all the noise they could make, to oust them from the room. How they came to be there was a wonder indeed, but the evidence of their presence was too unmistakable to admit of a doubt, even in total darkness. Presently the fight ceased, and with that the general uproar abated. Then came a solution of the mystery. The Judge and lawyers could no longer restrain their merri- ment at the expense of the frightened and mystified lodgers up stairs, but let it come in a gush of laughter that quickly reminded some of the com- pany that the Judge was a ventriloquist, and had undoubtedly just played them one of his mysterious tricks. "But so far from being offended at it, they took a sensible view of its ludicrousness, and all joined heartily in the laugh.
Judge Joseph Williams, above referred to, should not be confounded by young readers with M. T. Williams, the clerk of the first court, and cur- rently known as Judge Williams. This latter gentleman is not eccentric, nor a great fiddler, nor a ventriloquist. The only analogy we think of is in his temperance proclivities, and his ability to tell a good story.
M. T. Williams is justly regarded as one of the oracles of Mahaska county. His duties as first clerk of the county brought him in contact with its pioneers and territory in such a manner as to afford him more thorough knowledge of the very early history of Mahaska county than any other man now living. Sometimes Mr. Williams is induced by his friends, publicly, or in a small circle, to narrate his early experience and reminis- censes, which he can do in a most irresistible manner. The Judge is not fond of making a speech, not for the reason which kept "Single Speech Hamilton" in the background, but from an nnassuming and retiring dis- position, and a probable under-estimation of his own abilities, for the Judge can make a good address. This peculiarity, the modesty of Mr. Williams, is illustrated by the following anecdote:
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