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THE FIRST POST OFFICES
The first post office in Benton County was established in Vinton October 1, 1846. It remained the only one for two years. On September 21, 1848, Marysville was established with John S. Forsyth as Postmaster In 1857 the government changed the name of Marysville to Urbanna. William Bartholomew was then Postmaster. The spelling of Urbanna seems to have dropped an "n" sometime between 1880 and 1905. Now it is spelled Urbana.
THE FIRST BIRTHS
The first births in Benton County, according to the best information available, were: William Penrose, born in 1841 Mary North, born in 1843 Lucinda Bordwell, born in 1843 In one source of information it was said that Susan Clark was the first white child, but no date was listed. The first known baby in Urbana was Sam Brody, born in 1844.
THE FIRST DEATHS
On October 10, 1842, Rueben Buskirk died. It is told no lumber with which to make a coffin was available. The few settlers felled a linn tree and split it into two pieces. One half of this was hollowed out. This was placed in the grave and on it the body of the deceased was placed. Blocks were placed at the head and feet and the other half of the log laid over him and the grave filled. There were five men and three women at the funeral.
The first death in Urbana was Mary Forsyth buried in the Urbana Cemetery October 5, 1850. She was 53 years old.
Mr. W. W. Culver, a member of Vinton Lodge AF and AM, was buried in Marysville June 21, 1857, according to the Lodge ceremonies. There is no stone marker.
FIRST LAND ENTRIES
in Polk Township
Caleb S. Hendrys, November 3, 1845 Samuel Lockhart, November 17, 1845 Joseph Remington, April 7, 1846 Malinda Lockhart, May 1, 1846 Barney D. Springer, June 15, 1846 William Mitchel, June 19, 1846 Jacob Remington, October 3, 1846 Abner Spencer, September 27, 1848
Few land entries were made until 1852 - 1855 outside of Benton, Polk, Canton, and Taylor townships.
THE FIRST DEED
The first deed in Benton County records was made by William Mitchel and wife Sarah, to Anderson Amos conveying forty acres being the S.E. ¼ of N. W. ¼ of Section 24, Township 86 (Polk), Range 9. Witnesses: Daniel Wilson and John Brody. Executed and acknowledged by F. J. Rigaud, Justice of Peace, September 25, 1846, and recorded by L. W. Hayes, October 12, 1847, at 2:00 p.m.
FIRST MARRIAGE CERTIFICATE
in Benton County
The first marriage was that of Lewis Furgeson and Rachael Juel according to existing records in 1878. Here is a copy of that certificate filed September 10, 1851, by John S. Forsyth, county judge.
Benton County, State of Iowa
I Samuel Osborn, an acting Justice of the Peace, in said county and State of Iowa aforesaid, I do hereby certify that I did join in marriage Lewis Ferguson, aged nineteen years, and Rachael Phidela Juel, aged seventeen years, both of the county aforesaid. The above marriage was solemnized August 24, 1851, at the house of David Juel, in the said county, Marysville. Benton County, Iowa Signed Samuel Osborn, J.P.
The above was filed September 10, 1851.
John S. Forsyth, County Judge
GROCERY BOND
Among curiosities of the pioneer days is a bond given to Chauncy Leverick. With G. A. Thompson as his security, he took out a license on July 3, 1848, to keep a grocery for one year. The bond was in a penal sum of $100.00. The conditions: "He should keep an orderly house and not permit unlawful gaming or riotous conduct in or about his house". It sounds odd that a grocer should be required by law to take out a license and give bond, but it must be remembered that then a grocery store was a saloon, too. Leverick drew more reckless and lawless characters than the dominion of outlaws and horse thieves. Bond was given to comply with the forms of law and if it was violated (probably was hundreds of times) it was neither expected or designed to be enforced. If it was, there was no court to enforce it.
LIQUOR IN PIONEER DAYS
James A. Guthrie was appointed liquor agent in Marysville in 1855. In those days hotel keepers, saloons, grocery stores, and confectioners were permitted to buy and sell liquor. They had to first get consent of the Board of Supervisors. It was illegal to sell it to a minor, except if a doctor gave a written order for it, or to sell to an intoxicated person. Liquor was not sold on Election Day. You also had the right to sue if any damages was suffered by yourself or your property by an intoxicated person, but you sued the person who sold him liquor.
THE FIRST DISTRICT COURT
The first term of the District Court was appointed to be held at the house of Thomas Way on the last Monday in August, 1846. It is said Way’s log cabin was then the best house in the county and was selected for that reason.
For some reason the Judge did not put in an appearance and the Clerk proclaimed an adjournment until the next day. The second day the Judge was still absent and the Clerk again adjourned court and the assembled settlers dispersed to their homes, disappointed "the show did not come off".
The County Commissioner officially directed the court to be held at the house of Thomas Way. So court opened, May 31, 1847, the first time officially with Judge James Carlton, Sheriff James Downs, Prosecuting Attorney James Mitchel, and Clerk of Court Irwin Simison.
This is an account of the first official court:
Way’s cabin was in the midst of thick timber and to make room for the court assembly, Mrs. Way removed her pots and kettles and other household utensils to the shelter of a neighboring tree. Having done this, she seated herself on a sump near the open door of the cabin and gazed with respectful wonder at a collection of learned heads assembled within to administer law to the backwoods men of Benton County. The Judge was perched on a three legged stool behind a deal table (only one in the house) at the farthest end of the little room. At the left of his honor, seated on a low milk bench, with his books spread out before him, was Simison, the Clerk. There was also present, members of the Bar from other counties, as Benton County had no lawyer then.
The Grand Jury, including many of Marysville’s citizens, were: Samuel Lockhart (Foreman of the Jury), Feilding Bryson, James Hamelly, Joseph Remington, John Bryson, Charles Grahm, Stephen Brody, Jessie Brody, Josiah Helm, David Jewell, William Mitchel, James Polly, Chauncy Leverick, Anderson Lyman, D. Bordwell, and Samuel Stephens.
First case was Iowa vs. Joel Leverick for passing counterfeit money and having counterfeit instruments. This case had been transferred from Linn County on a change of venue. Leverick was a member of a band of outlaws who infested this region at the time. The case was continued to next term. Eight men were held in $50.00 each to appear as witnesses. Elijah Evans was one of these men.
First civil case on the second day was withdrawn by plaintiff because they had already settled the case.
"The court adjourned, having been in session two days, and Mrs. Way resumed sway over her natural domain."
During the second session Joel Leverick was found not guilty on both counts of counterfeiting.
The third session was held in the partially built new Court House. There was no roof so when it rained, court was moved to William Davis’ cabin, September 18, 1848. At this session Charles Henkley was found guilty of arson and fined one cent and sentenced to one year in the State Penitentiary. This was the first conviction of a criminal offense in the county.
At the time designated for the September term, the Sheriff and the Clerk didn’t show up, so court adjourned. The inevitable "jug" was passed among the settlers gathered and had soon disappeared. Many of the assembled crown got very drunk.
No court was held from 1848 - 1851, and so came the Dark Ages.
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