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         Article 5 of Section 6, in both the old and new Constitution of Iowa, contains the following:

         SEC. 5. The District Court shall consist of a single Judge, who shall be elected by the qualified electors of the district in which he resides * * *
         SEC. 6. The District Court shall be a court of law and equity, which shall be of distinct and separate jurisdiction, and have jurisdiction in civil and criminal matters arising in their respective districts in such manner as shall be prescribed by law.

         We are compelled to chronicle the fact of the absence of Book A, of the District Court, which contains the records of the court from the time of its first session in the house of Stephen Toney, in Rochester, in the Spring of 1838; therefore, this history of the District Court, will, aside from the first meeting at the house of Stephen Toney in Rochester, and the first grand and petit jurors, commence with the July term of 1840.

         At the first and second sessions of the Board of Commissioners of Cedar County in April and May of 1838, they agreed with Stephen Toney, “that said Toney was to furnish a house for the accommodation of the first session of the District Court. The Commissioners selected the following named persons to serve as grand and petit jurors at the first session of the court.

GRAND JURORS.

         Alanson Pope, Solomon Knott, Jehu Kenworthy, Martin Baker, William Mason, Harvey B. Burnap, John Jones, Jonathan Morgan, Robert G. Roberts, …

         *Commission of Robert Lucas, Governor, to Elisha E. Edwards, as Sheriff, is dated September 22, 1838. He was sworn in October 1, 1838.

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. . . Henry Hardman, David W. Walton, Wm. Miller, Charles Whittelsey, Henry Buchanan, Wm. Green, Abraham Kizer, J. W. Wilkinson, John Blalock, James Setford, George Smith, John Finch, Wm. Morgan and Jackomeyer Baldwin.

PETIT JURORS.

         Benjamin Fraseur, John Scott, Charles M. Moberly, Prior Scott, Washington A. Rigby, Walter Freeman, Felix Freeland, James Buchanan, Elias Eperson, Richard Knott, Daniel Howe, Abraham Nix and George Miller, Jr.

         The first case of record in the District Court, was at the July Term 1840, on a change of venue from Muscatine County. The case was brought on an action of debt. The record does not show what disposition was made of the case.

         Hon. Joseph Williams was Judge; William Whittelsey, Clerk, and George McCoy, Sheriff.

         The first grand jury of which we have any record as being sworn, consisted of the following named settlers: Walter Freeman, Daniel W. Walton, Nathaniel Baker, James Ford, Solomon Knott, Benjamin Fraseur, Andrew Crawford, Wm. H. Bolton, James Poston, Daniel Hare, Luke Billups, William Young, Robert Miller, Samuel Long, James W. Tallman, William Mathews, Jonathan Morgan, Alanson Pope and William Worthington. James W. Tallman was appointed Foreman. The District Attorney not appearing, the Court appointed Wm. G. Woodward to act as Prosecutor. On motion of Stephen Whicher, William Reagan having “presented his credentials as an attorney of one of the United States of America, was admitted as an attorney of the District Court of Cedar County.” Judging from the records, a great deal of the respect and dignity generally conceded to courts was not given to Judge Williams, as twelve cases of contempt appear on the Judge’s docket. However, the court was exceedingly lenient, as the cases were all dismissed.

          “The grand jury returned into court, and not having any business before them as a grand jury, for the United States, retired on the part of the Territory of Iowa.”

         The first criminal trial by jury, as well as the first trial by jury in the county of which any record was found, was that of the United States vs. John Howard. The record does not show what the crime was with which Howard was charged. The prisoner pleaded not guilty, and the case was tried July 15, 1840. The jury consisted of Rueben Long, Samuel Gillilan, Luther Bradley, Christian Holderman, David McCroskey, Robert Starrett, Aretus Crane, George W. Latimer, William Stockden, Joseph Olds, James Stockden and Isaac Comstock. The jury returned a verdict of guilty, and fixed Howard’s sentence at one year in the penitentiary at Fort Madison, and that he pay the costs of prosecution.

         The first indictments returned by the grand jury, was the United States vs. Clerman Squires, indicted for receiving stolen goods; one indictment against Wesley Reynolds for horse stealing, and one against John Leverich and Larry C. Switzer for riot.

         May 18, 1841, John Safley and John Ferguson, having resided five years in the county and one year in Iowa Township, took out their naturalization papers.

         At the May term, 1841, twenty-eight lawyers were in attendance. They were as follows: Weston was the Attorney for the United States and Carlton for the Territory. The members of the Bar were Messrs. Hastings, Whicher, Lowe, Woodward, Rankin, Richman, Huber, Hall, Cook, Keagan, Hampton, . . .

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. . . Geo. Smith, Sanford, Thomas H. Smith, Butler, Geo. Green, O. C. Ward, Bates, Howell, Grant, Mattoon, Patterson, Thompson, Wood and Hawson.

         The first divorce case was that of John Dolan vs. Sarah Dolan, brought 24th of March, 1845. The defendant failed to plead, answer or demur, and the court granted the petition.