Pg 402

         Judge Tuthill states that, in 1842, he saw and examined the old book of records of the District Court in Cedar County, and made a memorandum of the contents, from which it appears that the first session of the District Court was held at Rochester, on Monday, May 28, 1838. Present, Hon. David Irwin, Judge; Wm. W. Chapman, District Attorney for the U. S., and _______, U. S. Marshal. (The name of the Marshal is not given, but he was paid for 125 miles’ travel.)

         The appointment of Robert G. Roberts as Clerk of the Court was announced, and he filed a bond, in the penal sum of $2,000, for the faithful performance of his duties, with Martin Baker, James W. Tallman, Richard Knott, George McCoy and Stephen Toney as his sureties, and entered upon the discharge of his duties.

         I. C. Hastings, Esq., was appointed District Attorney pro tem. for Cedar County. The Sheriff’s name is not given; but the name of James W. Tallman, Sheriff, is appended to the return of a writ, dated June 23, 1838.

         The Grand Jury for the United States was composed of the following persons:

         Jehu Kenworthy, Foreman; Alanson Pope, Henry B. Burnap, Martin Baker, Jonathan Morgan, Solomon Knott, Abraham Nix, Henry Hardman, William Miller, Richard Knott, James Sutford, Abraham Kiser, John W. Wilkinson, William Morgan, W. A. Rigby, James W. Doty, Stephen Toney, John …

Pg 403

. . . C. Higginson, Robert Miller, Conrad Switzer, Henry D. Brown and William Green.

         This Grand Jury was impaneled, sworn and charged by the Court; retired; and, after a short time, returned, and stated that they had no business before them, and were discharged.

         The Territorial Grand Jury were:

         Charles Whittlesey, Foreman; William Mason, Elias Epherson, Felix Freeland, Benjamin Fraseur, David W. Walton, James Buchanan, Daniel Hare, Hector Sterritt, William Stoutt, John Jones, Elisha E. Edwards, George McCoy, Nathaniel Baker, John McMain, Jesse Toney, Arthur Dillon, Thomas Lingle, Richard Knott, William Green, John Blaylock.

         The Petit Jury, on the part of the United States, were:

         William Baker, Moses B. Church, James A. Porter, Robert Miller, John Leverich, Orrin Lewis, James Leverich, Jr., Solomon Knott, Clement Squires, James Sutford, Stephen Toney, Jonathan Morgan.

         This jury was not impaneled, as there were no cases tried at the term.

         No business whatever was transacted, save making the orders to pay the officers and jurors for one day’s attendance and mileage; and on the same day, the Court adjourned until the first day of the next term.

         The second term of the District Court was held at Rochester, on Monday, the 1st day of October, A. D. 1838. The Judge not being in attendance, the Court was adjourned, from day to day, by the Clerk, Robert G. Roberts, until Friday, October 5th, when it went over to the next regular term, by operation of law.

         *Elisha E. Edwards, Sheriff, not being present, Harvey B. Burnap, the Coroner, acted in his stead.

         The only case on the docket was Allen Scott vs. Jacob Fought and Daniel Hare.