A SERMON

On the History of the First Congregational Church of Lyons, Iowa, preached July 3d, 1864, by Rev. Geo. F. Magoun, Pastor, now Pres. of Iowa College.

     Ten years will have elapsed to-night, since the present name of this church--First Congregational Church of Lyons —was taken. It was done at a church meeting in the old brick school house, July 4,1854. The church, however, had been in existence as an organization covering this with adjacent ground for nearly fifteen years previously, now nearly twenty-five years in all. On the 21st of next December a quarter of a century will have elapsed since that pioneer church, the mother church, of which this is a continuation and a representative, was organized. It took place at Union Grove, in Illinois, a dozen miles away, and a mile or two from the present town of Morrison. It was at the house of Henry Ustick, Esq., Rev. John H. Prentiss, of Fulton, presiding, and the master of the house, with Mrs. Abigail Ustick, his wife, Joseph Town and Hannah Town, his wife, Eliza Prentiss, wife of Rev. Mr. Prentiss, and Elijah Town-six persons-were organized into the first Congregational Church of Union Grove." Six years afterwards there were twenty members,-eighteen had been received, ten of them residents of Fulton, eight of Lyons. One of these ten had died, and also two of the original members, another of whom had been dismissed. the members then residing at Union Grove, less than the original number, of whom only three now remained, organized that year separately, and to avoid a conflict of names, and because part of the membership was this side of the river, "residents of Lyons and vicinity," the name of the original church, this church, was changed to "The Congregational Church of Fulton and Lyons." The next year, 1846, it joined the "Northern Iowa Association," there being no Congregational bodies in the vicinity of Illinois. Eight years after—the church being fifteen years old—a legal incorporation was effected, also on this side of the river, the record running, "State of Iowa, Clinton Co.," the legal name taken being, "First Congregational Church of Fulton and Lyons; and the record adds, "to be at Lyons, in said county, located." Twenty-six more members had been added in these years, twenty-four of them upon this side of the river. July 4th, following the incorporation, the church again changed its name, by dropping the word "Fulton." On the 22d of that month the First Congregational Church of Fulton was organizes, with seven members, four of them dismissed from this, three of them "other professors of religion'' residing in Fulton. Our own organization, however, was not affected by either of these changes of name or place. It continued the same. The Union Grove and Fulton churches were other and new churches, separating from this. The Union Grove church is extinct; if any of its members survive, they are in the church of Morrison. The Fulton church had the original records granted by this church ten years ago, in consideration of its being on that side of the river;—(the records being first copied into our book,) but that church is also now extinct, the members having all been dismissed by letters two years ago, and the church disbanded, and the same members, on these letters, being immediately organized into the Second Presbyterian Church of Fulton, which of course, is not historically, or in any way, a representative of the original Union Grove Congregational Church. Our organization has been kept up, unbroken, from the 21st of December, 1839, until this day. The 2lst of December, 1864, will complete the quarter of a century.
     There are now more than a hundred and fifty Congregational Churches in Iowa; there were seventy, less than half as many, ten years ago when Fulton church separated from this. There were twenty six, one quarter as many, when the second Union Grove church was formed. There were three when this church was organized in 1839. These three were at Davenport, at Danville, (near Burlington,) and at Denmark. The Davenport church was gathered just five months before this; the Danville church just six months before; the Denmark church nearly a year and eight months before. Previous to that year there was but one sustaining the principles of the Pilgrims of New England in what was then the new Territory of Iowa. That was "Father Turner's', church" at Denmark. It was organized May 5, l838, when the settlement was two years old, and two months before Iowa Territory was severed from Wisconsin Territory, July 4, 1838. Denmark at that time was itself in Missouri Territory, the old north line of which ran a little way above where Burlington now stands. All this side of that line (11 ° N. L.) was Wisconsin till July 4, 1838, when a new line farther south was established for a new Territory named Iowa. But years after that missionaries were commissioned to " Fort Madison and Dubuque, Missouri." When this church was organized there were less than 23,000 people. in Iowa. The country had been open to settlement for five years. Seven years before there was but one inhabitant except Indians and Indian traders. Fifteen years before, i. e., forty years ago, President Monroe proposed to colonize the Indians west of the Mississippi here, as they would never be disturbed by white men! In 1839 about 65 miles in width from east to west had been in some sort opened to settlement. A few of the older towns, in the southern part of the Territory chiefly, had been founded. a half breed interpreter, Antoine LeClaire, had begun a village in 1833 at Davenport-on or near the site of an old Indian one,-it had been surveyed in l837, and in the fall before this church was planted a town organization had been effected there. It boasted 50 buildings. About this time Iowa City was selected as the future State Capital, Poweshiek's band of Sacs and Foxes being encamped two or three miles o£ Three years before, "Father Turner" and Rev. William Kirby, of Illinois, had been upon an exploring Missionary tour as far north as eight miles this side of the spot where Davenport was afterwards commenced, where "Father Turner" preached the second sermon in the county of Scott, which then extended north of this place, the Territory containing but two counties. He says that "all the West lay spread out just as the Lord made it, in all its primitive beauty. Muscatine was disfigured by one (log) cabin. Indians were encamped (on the site of Davenport) waiting to receive their pensions from the Fort on Rock Island. This (Chamberlain's neighborhood above Davenport,) was the northern boundary of civilization. There was talk of some explorers who had gone up as far as Wapsipinecon. Dubuque, then, we did not call a "civilized place," On the other side of the river the people were so few that about the same time one of the earliest settlers of this place passed down from Port Byron to New Boston, where he found the wagons of two or three white men, having met no one on the way. As late as 1840 Iowa City was not yet upon any map. In 1843 the Indians were still so troublesome that Fort Atkinson was built above Dubuque, as a protection against them.
     The first settlement in this county of Clinton was made in this town four years before this church was organized, by our fellow-citizen Mr. Elijah Buell, viz, in July, 1835. The second settler was Mr. George W. Harlan, who had been in the fort ton Rock Island in the Black Hawk war, and subsequently made a "claim" where Port Byron is now built. The chef operations in this wild region then were speculations in land claims. It was in consequence of Mr. Buell's coming here that Mr. Harlan, who, with George and Archilbald Allen, had commenced the settlement at the head of the Rapids, sold out at Port Byron and came here, November, 1835. Mr. Buell brought his effects, in boats, the July previous, and built the first cabin—on the landing between the site of Hill & Thomas' Elevator and that of the next building south. He made hay that season down this (Main) street, where brick buildings now stand thickest, and it being all open prairie bottom, hauled the crop toward the river, or as we should say, down town, for protection against fire, which then swept unrestrained over all this plateau. That fall he brought the first cattle into the county, and wintered them on hay. At that time Mr. LeClaire was the only inhabitant of Davenport, and a Mr. Sullivan, (afterwards of Rockingham,) the only one of Rock Island, trading with a few boxes of goods nearly opposite Fort Armstrong. A claim had been taken up between Fulton and Albany, by John W. Baker, but there were no villages along this portion of the river.
     The year after Mr. Buell came, (1836) Fulton and Sabula were commenced, and Rock Island was laid out, but without any people. In the fall of 1837 there was a beginning at Camanche; the surveyor who laid out the place went through on foot to Chicago in the winter, and sold town lots there from a sketch, without having driven a stake; people came from Chicago in the spring, and Camanche was quite a town before there was anything here or at Fulton. In l838 or 1839 Albany was begun on John W. Baker's claim. The second Territorial Legislature meeting at Burlington in the winter of 1839--40 organized our County of Clinton, and it being represented that Camanche polled more votes than all the rest of the county, that was made the county seat. Subsequently, on the question of county seat being submitted to the people, one was selected on the prairie where DeWitt now stands, there being no inhabitants there, and a hewn log court house erected." Mr. Buell ploughed the first land in the town and county in the spring 1836. The next spring the town plat was surveyed. The town was then named, after the city of the same name in France, by Mr. Buell and Mr. Dennis Warren. The first town organization was elected when the county was organized, three years after. All over this region then the law was "club law" for years. There were self-protective associations at Davenport and elsewhere to defend land-claims. When our Union Grove organization commenced in 1839, the population here consisted of 19 adults and 26 children. A large part of them came from Canada. The families were the following: Mr. Buell's, Mr. Harlan's, that of Mrs. Agnes Boyd, William Hogan's, David W. Fisher's, Elijah Owen's, with Alexander Aikman and his six sons, one of whom had a family. They all lived within forty rods of Mr. Buell's cabin by the river. Mr. Phillip Deeds also belonged to the settlement, living then alone on his farm to the southwest. Mrs. Boyd was the first member of this church residing on this side of the river. She joined three months after the organization, (in March, 1840,) and died in February, 1858. The second on this side was Mrs. Jennet C. Boynton, (May, 1852,) who came from Canada, and has since removed to California. The third was Mrs. Elisabeth Owen. Dea. Wm. K. Vincent, who came in 1846 and died in 1859, was at his death the oldest resident member on this side; but he joined the church after the first change of name. Mr. William Warner, now of the army investing Petersburg under Gen. Butler, would be the oldest resident member at present, if he were at home. The oldest one continuously resident now is Mrs. Sarah Stockwell, who united on profession April, 1849, fifteen years ago, and ten years after the organization, while it still included Fulton.
     In the early years the town grew very little. The first trader came in 1841, a Mr. Seball, from Georgia, who sold goods for Mr. W. G. Haun. The store is now a part of the Foundry opposite the National Bank, and was the first frame building erected in town. The second store opened was that of Bope & Clayker, who were succeeded by Mr. Thomas Crew, September, 1850. Mr. Albert M. Jacobsen succeeded Mr. Seball in 1849, but shortly went out of business. Mr. Crew was the only trader. There were about 200 inhabitants. Mr. James Hazlett came in 1853. After that the first stores were on the landing near his present place of business. The railroad project of 1859, to Dixon and West, gave the first impetus to business and population. Meantime the little church had received up to that time about fifty members. But the village was in the earlier years so remote from the conveniences of civilization that the first settler was in the habit of procuring his family medicines as far off as St. Louis, an assorted supply for two or three years at a time! The first minister of this church was Rev. John H. Prentiss who organized it. He resided at Fulton. He was from Onondaga, "West Hill," New York; came to Joliet, Illinois, June, 1835, organizing the Congregational Church there, and removing to Fulton in 1838. Dr. Daniel Reed of Fulton, was one of the original members of both these churches. Mr. Prentiss preached here a year or two, and then removed successively to Naperville and Payson, (Ill.,) and to Onondaga where he still resides. In June, 1841, Rev. Oliver Emerson, Jr., a member of the little church at Davenport, who had been a Baptist minister there, but rejected by the Baptists for not adhering to "close communion," and had preached six months for the Congregationalists, began to preach here, "at regular, though distant intervals, and occasionally administering the sacrament," continuing till 1844. Part of that time other ministers preached here—his cousin, Mr. Thomas P. Emerson, an unordained licentiate, who had labored previously at Marion, and Mr. John C. Holbrook, one of the first deacons of the Davenport church, also a licentiate, commissioned for the winter of 1841-2 as a home missionary for "Pleasant Valley, Clinton County, &c" Mr. T. P. Emerson left the State, and Mr. Holbrook was sent to Dubuque in the spring of 1842. The appointments of these brethren were arranged by Mr. Emerson; and fulfilled, as his were, on this side of the river. Two or three years after (1814) his labors were directed to De Witt, Albany, (Ill.,) "and places between and round about." Lyons and Fulton were destitute. Dea. Vincent came in September, 1846, and his fidelity and earnestly active piety made up, in good part, the lack of a ministry. I do not know but he ought to have almost an equal place among those who have had the care of his church with that which Elder Brewster holds in the church of the Pilgrim Fathers at Plymouth. The prayer meeting he sustained with unflagging zeal In the fall of 1866 this father in Israel, who sits before me, (Rev. Hiram G. Warner,) came here. He had been for a few years a Congregational minister, but for 27 years previous to 1841 a traveling and local Methodist preacher, uniting with Congregationalists first in the Milwaukee (Wis.) "District Convention," some 23 or 24 years ago. Father Warner is now 75 years of age. He was licensed to preach by the Methodists at Oswego, N. Y., at the age of 25; in the year 1814. It is therefore fifty years since his work in the ministry began. I suppose there is no other man living in Iowa licensed so long ago as a Protestant preacher. In the spring after he came (1847) he began to preach in his own log cabin two miles north of town, and then in town, there being some fifteen or twenty houses, and continued to preach there until Mr. Emerson resumed his appointments, doing missionary work for some time in the neighborhood. He was long the only resident minister to bury the dead. Mr. Emerson labored again between one and two years till Rev. Silas J. Francis came, in the summer of 1840. Mr. Francis was commissioned to "Fulton and Lyons" before the legal organization here, but lived and preached on this side of the river two years, until l851. The next preacher was a Free Will Baptist, Elder Junia T. Morey, who came from Rhode Island, an early acquaintance of the Pearce family, several members of which were in the church. He seems to have preached about two years, and now lives at Sand Prairie, on the Wapsipinecon. In 1853-4 Mr. Emerson's work was resumed again. The people were preparing to build their first church edifice, and he aided in this, but had no commission for this field. In 1854, Rev. J. C. Strong, formerly a missionary of the A. B. C. F. M., among the Choctaws, became the minister, and remained two years. After he left in June, Mr. Lorenzo J. White, then a licentiate, was invited to preach for one year, but declined. Rev. S. N. Grout, of Fulton, then supplied the pulpit one month. In November Rev. Ovid Miner was engaged for six months, "to preach one sermon every Sabbath P. M.," and Rev. George R. Moore "to preach at 101/2 o'clock A. M.," Mr. Miner did not remain his full time, and the forenoon service was given up in January, 1857. In the following May, Mr. White accepted another invitation and began his labors. He was ordained and installed the next year, (June 7,1858,) and resigned in July, I860, after a ministry of three years and two months. A call was then given to the present pastor, which was at first declined, and renewed in November, and accepted, and his labors commenced with the first of December and have now continued three years and seven months. In length of time Mr. Emerson's ministry here is first- some six years—mine is the next longest. In the number of members received, Mr. White's stands first—more admitted in one year than in all of Mr. Emerson's or mine. In the number of services held and sermons preached, mine comes even before Mr. Emerson's, for he lived elsewhere, and supplied a number of other places, and was here not frequently. But in the self denials, fatigues, journeyings, perils, exposures to health and expenditure of strength it cost, there are none of us who have ever labored here who can compare our ministry with Mr. Emerson's.
     The remuneration to those who preached and ministered in early days was very slight. Something—a little—was paid to Mr. Emerson from 1841 down. Father Warner, being engaged in opening a farm, was never commissioned here as a home missionary, or paid for his labors. During the time of his preaching here and there, some four or five years, he once received from a gentleman at the funeral of whose wife he had preached, $2.50 in a letter. I found upon the records in Davenport that in 1810 Mr. Emerson was voted for service there $15.00 a month and a seat at the tables of the church members in succession. In 1856 this church voted Mr. Grout $15.00 for preaching one month—one sermon a day, I suppose. The self sacrifices and unrequited toil which the planting of these churches cost the ministers at an early day can hardly be appreciated now.      This church has had in all three places of worship of its own. Religious services began to be held on this side of the river first in 1836, after the new Union Grove organization, though sometimes still at Fulton. They were held a few times previously at Union Grove, but chiefly at Fulton. The first places of meeting in this town were the log cabin of Mr. Daniel Hess on Second street, just north of the foundry, and now a blacksmith's shop, and the cabin of Wm.. Logan, rented for a time as a school house, which stood nearly on the site of the present "St. Louis House," upon the landing. Preaching was also held at Mr. Buell's cabin, in the Thomas neighborhood, at Father Warner's, as before mentioned, and in what is now Clinton. In 1847, after Mr. Warner began to preach in town, the new brick school house,—still standing with additions on Fourth street, south of Main,—became the center for public worship. It was the smaller part next to the street which was then built. To this the people came from Teed's Grove, seven miles north, and from the Thomas neighborhood, four miles south. The Congregationalists and Methodists used it alternately. The first church edifice ever erected in town was the old brick Catholic church, now used as a warehouse, next back of Dr. Ennis' drug store. It was built in 1851. The second one was the brick Congregational, still standing in New Town, the first Protestant church edifice. The subscription paper with which it was started is dated April 16,1854; Wm. K. Vincent, Wm. Sherman and Elijah Buell committee to whom subscriptions were to be paid. It was erected in I855-6, principally through the indefatigable and self denying exertions of Deacon Vincent and Wm. Sherman. For a few Sabbaths before it was opened the old brick Catholic church was occupied. It was dedicated July 13, 1856, President Blanchard of Knox College preaching the sermon. The prospects of that part of the town, through which the railroad had been expected to cross from Illinois—after the railroad interests were removed to Clinton—rendered the location undesirable, and public service was held in it but a short time. Mr. Miner's last preaching was in that house, and the first of Mr. White's; though Mr. White's first sermon, the year before, was in the old Catholic church. The next April after the dedication it was decided to build again; this lot was obtained, an edifice of wood was erected in about two months time, and dedicated within a year from the dedication of the brick church, less one day, vis., July 12, 1857, the present pastor, then pastor at Davenport, preaching the sermon. In November or December following, during a series of meetings held with the aid of Rev. George Clark of Ohio, a Lecture Room was added at the southwest corner for inquiry and prayer meetings. In March, 1859, a belfry and bell were added. In February 1860 the house was destroyed by fire; the bell, the carpeting—part of this now in use—the lamps, the settees-part of these—and one pulpit chair being saved. In March (1860) it was voted to build again; the present edifice was erected, though not completed, and dedicated on the 24th of June, Rev. Dr. Haven, Professor in Chicago Theological Seminary, preaching the sermon. the audience room then occupied but part of the building, this west end being partitioned off for a lecture room; and the tower was built no higher than the bell deck. In the fall of 1861 the audience room was enlarged to the size of the house. In the fall of 1862 the spire was completed, and the present chapel building erected, and dedicated October 12th.
     The first deacons of this church were Henry Ustick of Union Grove, and Daniel Reed of Fulton-elected January 15th, 1840, at Union Grove, the church when first organized having no officers but Moderator and Clerk. They served nearly six years, when Deacon Ustick went with the new Union Grove organization, and Dr. Reed removed to Galesburg, Ill. for five years again the church was without deacons; though it was voted that "Brother Allen Cowles act as deacon until further action," which he did, though never formally elected, until he also moved away. The second deacons were Wm. K. Vincent and Grosvenor H. Rice, elected March 16, 1851. Mr. Rice ceased to be deacon when the new Fulton church was formed ten years ago, he and his wife and Dr. Reed and his wife (who had returned in the meantime,) being the four dismissed to commence that organization. Deacon Vincent continued in office till his death in Aug., 1859. The next election, May 1856, was that of Francis Page to the place left vacant by Deacon Rice. The senior deacon living at a distance, in April 1857, a third was chosen, Brother Amos B. Blakely, who, however, never accepted the office, and in September Dr. Joseph Brown was appointed. In May, 1858, a Church Manual was adopted which provided for four deacons, and Messrs. Vincent, Brown, Page and John Q. Root were chosen. After the death of Deacon Vincent, Nov., 1839, Brother J. H. Barnun was elected to the vacancy, and on the dismission of Dr. Brown last Dec., Dr. Albert P. Sayles was elected.
     The first Sabbath School ever gathered here is said to have been "held in the summer of 1839, in the house of Chalkley A. Hoag; this school was not regularly organized; the first organized Sabbath School was held in the summer of 1841 or '42, Frederic Hess Superintendent." When Father Warner came he found none in existence, and gathered a new one, in 1847, at his cabin two miles out of town. There are young persons here now grown to man's and woman's estate who were carried to that Sabbath School from town, being then children. After that there was a Union Sabbath School till 1856, in the brick school house. Deacon Vincent was Superintendent for a while. The Congregational Sabbath School was first held-in our brick church in 1856, with 37 members on the first Sabbath, Francis Page, Superintendent. It has had for Superintendents since, Deacon Page, Dr. Brown, Deacon Barnum and Dr. Asa P. Tenney. As other churches have been formed and church edifices built, other Sabbath Schools have come into existence; the Methodist Sabbath School, for example, being, organized May 25th, 1856, with 23 scholars.
     The choir of this church has had a history specially pleasant in that it has been chiefly composed from the beginning of the same persons, and has been exempt from misunderstandings and dissensions. It has been, in deed and in truth, a fountain of "harmony." Mr. Mark M. Jones has been for the longest period its conductor. The Ladies' Societies hardly belong to the public history of the church. The first one was organized May 28, 1855.
     The other churches in town, the majority of them the juniors of this by fifteen years, were organized in the following order: The course of organization in the Methodist Episcopal church is peculiar, and not after the complete form of other denominations. A "class'' was gathered here in the summer of 1840,—the year after our organization,—by Barton H. Cartwright, of Illinois, the first Protestant preacher in Iowa, as I suppose He is said to have been "a member of Rock River Conference." Lyons was made a part of Camanche circuit, and continued so for several years- "In the summer of 1855, the circuit somewhat changed; the conference sent Rev. J. B. Taylor, who at once commenced to make arrangements for a station. The first quarterly- meeting of Lyons charge was held October 18, 1856." The Roman Catholic church was gathered in 1851. The Lutheran in 1954. The Baptist church was organized in 1855, (Aug. 23) an earlier "Fulton and Lyons" Baptist church having been gathered in I845, and disbanded after an existence of about four years.— The present church has no connection with that whatever. The Presbyterian church was organized in l855, (Nov. 11) and the parish of Grace Church in December of the same year. The German Catholic Church separated from the other of the same denomination in Jan., 1863. Nothing ever fees. They soon returned to Court, were discharged, and the Court adjourned till the next term.
     Jeremiah Church, one of the jury, says in his journal, they were an uncouth and barbarous looking set; that he felt constrained to apologize to the Judge for their rough appearance —but Mr. Church does not state whether his habiliments were altogether up to the dignity of a grand Juror or not. Judge Williams jocosely told him that men might have clean hearts under dirty shirts; and that in a new country every allowance was to be made for personal attire and appearance.
     Judge Williams, afterwards Chief Justice of the Supreme Court of Iowa, possessed valuable and extensive legal acquirements, which his long judicial career in this State has abundantly proven. He was, withal, an inveterate joker, and never so happy as when he had an opportunity to give his mirthful proclivities full exercise. many stories illustrating his ready wit and appetite for fun, are related. The only person, however, who ever beat him with the tongue, was a woman, Mary Haps. The feminine Charon of the Des Moines rather checked his loquacity, when one day he attempted to play off one of his jokes upon her. The Judge was boarding on the river—bridges existed only in the imaginations of the most enterprising—and in attending Court he crossed to and fro in a skiff. Sometimes one, sometime another ferried him over, but once there was no man at hand. Miss Hays, a young, and in all probability, a very good-looking lady, was washing near the river bank.
     "Mary," said the Judge, "how am I to get across this river ?"
     "Why try, in a skiff, I suppose, Mary quietly replied.
     "But there is no one to bring back the boat, and I am a poor rower. Now, Mary, really, don't you think you could take pity on a man in such troublesome predicament, leave your interesting work and volunteer to row me over? I'll pay you in any number of—kisses you ask, sweeter and heartier ones than you ever received in your life."
     Certainly, I'll take you over; but as to kisses, Mr. Judge, I don't want any thing of that sort, particularly from such an old scrub as you."
     "O, I suppose you have had rather a surfeit of that article lately. Has Jim ___"
     "Now, Judge, If you want to go across, just get in and sit still, and be still!"
     Judge Williams waited until they had got fairly out in the current of the river. Mary plied the oars as if she had seen sea-service.
     "Mary."
     "Sir."
     "Suppose I just turn this boat down stream, carry you off and marry you; would it not be a delightful plan. You would just suit me, and I would you. Certainly destiny always in tended us for mates, and I suppose a little scheming would be excusable to gain such a lovely prize as you. Here we go now, down the river to New Orleans, or elsewhere."
     At this Mary's provoked spirit fairly glittered in her eyes. With intensity of emphasis, she exclaimed:
     "You carry me off ! You marry me! I would not have such an old dried-up cracklin'. I wouldn't marry you if you were the last man on earth, and a woman couldn't get to heaven without a husband; and if you don't stop your nonsense and behave yourself, I'll pitch you head first into the river, and you may make as long a voyage as you please, but one thing is certain, you don't take me with you!"
     The Judge, of course, stopped teasing her at this, laughing heartily at her Amazonian threats; and rumor does not say whether he paid his fare in exchange in Cupid's bank or not.

LAW PROCEEDINGS IN EARLY TIMES

     We now propose to give something of a later date, showing the astonishing advances made in legal knowledge in a few years, and the jocular spirit of some of our lawyers. The history of the case we here insert is briefly this:
     William Oakes became indebted to various persons, in small sums, as naturally happens in the course of business, and among others to Reuben Davis and Wyatt Brownlee. Oakes went to Boone County to attend to a farm he had there, and while he was gone Davis brought suit against him by attachment, before Madison Young, Esq., and obtaining a judgment, an execution was issued, and Mr. Oakes' cow sold by the constable to satisfy the judgment. At this suit Mr. Brownlee was a witness. However, as it happened this cow was the only one Mr. Oakes had, consequently she was exempt from execution; and on his return he applied to Hon. Curtis Bates for council, who replevied the cow from the purchaser, Wm. D. Corkeram, and she was placed again in the possession of Oakes. Corkeram had paid sixteen dollars for her, which, of course, he did not wish to lose, and for want of better advice sued Davis and Brownlee (plaintiff and witness in the former suit), on the following bill:

     February 21st, 1843
     Reuben Davis and Wyatt Brownlee,
     To Wm. D. Corkeram, Dr.
     To cash paid for a cow at constable's sale, $16.00
     " costs of suits before Wm. M'Clelland, Esq.* 5.00
     " keeping cow four weeks, 4.00
     " expenses in prosecuting and defending suits, 15.00
     Total, $40 00
     Davis and Brownlee were not, certainly, responsible because Mr. Corkeram chose to buy and keep a cow illegally seized and sold by the constable, but his attorney, Madison Young, Esq., thought otherwise, and the parties met for trial.
     To plaintiff's petition, setting forth the grounds of his claim, the defendant returned the following answers. The reader, if at all versed in law, will perceive they are quite a variation from Chitty, Gould, and all the established authors upon pleading.
Mr. Young was for plaintiff, Bates and Jewett for defendants.

     DAVIS'S ANSWER

     Wm. D. CorkeramBefore W. M'Clelland, a Justice of the vs. Peace within and for the township of Reuben Davis and Des Moines, Polk county, and State of Wyatt Brownlee. Iowa
     The separate answer of Reuben Davis to a petition filed against him in the above snit. And for answer to the charge in said plaintiff's account or petition first specified, defendant says: That the defendant never was a constable nor a deputy, nor did he ever officiate as one, nor did he ever directly or indirectly sell, bargain, or contract to soil, bargain or contract to said plaintiff any cow, bull, calf, steer or any other animal of that species, either as constable, deputy constable, sheriff, deputy sheriff, or in the character of any other officer, either judicial, ministerial or executive, or as a private person, for himself or anybody else, either as principal or agent.
     And though said cow might have been sold,
     And paid for in American gold;
     Yet this defendant never did,
     Either sell or take another's bid.
     And as to the second account in said plaintiff's account or petition specified, this defendant for answer says: That he never was chosen either as plaintiff or defendant, in any suit at law or equity, which was tried before said Justice of the Peace, and if he ever was a party it was bald-faced meanness and transparent folly, not to inform him of it.
     And that a suit could e'er be tried,
     And the parties never notified
     Is clearly wrong-and this Court sees,
     That we are not liable for the fees.
     And as to the third charge in plaintiffs account or petition specified, defendant for answer says: That he never employed said plaintiff to keep a cow for him, that he paid him for all the keeping of cows he ever did for this defendant; and lastly, that this defendant never had any cow, that plaintiff could have kept.
     And Why this defendant should be dunned
     For keeping of cows he never owned
     Or which he never agreed to pay,
     I all submitted for the Court to say.
     And as to the fourth and last charge in plaintiff's account or petition specified, this defendant for answer says: That he never employed said plaintiff to either defend or prosecute a suit for this defendant; that the last time he did employ him he managed it so badly that he was not entitled to any fees, and that this defendant has paid him all his services were worth.
     And to charge this party with that load
     In not according to the :Code."
     And the only way we think to end it,
     Is to render judgment for defendant.
     J. E. Jewett, Att'y for Davis

BROWNLEE'S ANSWER.

     Wm. D. Corkeram vs. Des Moines' Township, Polk County, Reuben Davis and Iowa, Feb. 26th, 1863.
     Wyatt Brownlee.
     Now, as you see,
     Comes the defendant Brownlee
     And on his own book defends-Because
     he seriously contends,
     That he is not indebted;
     As by said Corkeram stated.
     "Persons having adverse interest to plaintiff.
     May, as defendants, be joined," says the Code:
     And to join those having unity
     Of interest, is the true mode,
     But Brownlee doth most seriously declare,
     That he never joined in the suit now pending,
     Is far beyond his comprehending.
     Plaintiff;s bill charges the defendants, sixteen dollars,
     As cash, paid by him for cow.
     Which (as we gather from what follows),
     He bought at a constable's sale, somehow-When
     she was offered as the property of the poor man Oakes.
     And being his only cow, the sale turned out a hoax.
     That Corkeram in good faith, to the constable
     His money paid, isn't denied;
     Nor that the money was to the payment
     Of Davis' judgment applied.
     But what of that? This defendant was but a witness
     No party to the suit-Though
     he fed, for a short time,
     The old, dumb brute,
     But neither this,
    Nor the receipt of his fees,
     Could make him jointly liable
     With Davis'-if the Court please,
     Nor is he liable to Corkeram,
     In any event;
     He therefore asks for costs
     And for judgment!
     Wyatt Brownlee, by his Att'y, C. Bates.
     We need only add to conclude this amusing affair, that judgment was rendered for defendants; that the "poor man Oakes" kept his cow; that Davis kept the money he received from the sale of her, by the constable; and that Corkeram lost his sixteen dollars, which he paid to the constable; his four dollars for four weeks' cow-pasture; and his twenty dollars, alleged, in his bill as expenses of sundry law-suits.
     Davis and Oakes were the most highly gratified at the result, as one received payment of a just debt; the other, in satisfying the debt, found his property undiminished. To Corkeram, it is yet an inexplicable mystery, why, when he had paid Oakes' debts, he could obtain no relief at law!

     In giving a detailed historical account of the trial and execution of Patrick O'Conner, at the Dubuque mines, in the summer of 1834, we are aware that there are many person still living who participated in bringing about a consummation of justice on that occasion; as well as many who were witnesses of the stern solemnity attending its closing scene; which may subject this reminiscence to a criticism which we believe will not extend beyond the omission of some minutia, which did not come under our personal observation.
     Soon after the treaty between the United States and the Sac and Fox Indians at Rock Island in 1839, which resulted in the extinguishment of the Indian Title to the lands embraced in the present State of Iowa, permanent mining locations and settlements began to be made in the vicinity of the present city of Dubuque; and at the close of the winter of 1831, Congress attached the country acquired under the treaty, to the Territory of Michigan, for election and judicial purposes.
     Up to that period no judicial tribunals existed in the country, except those created by the people for special purposes. Difficulties of a civil character were investigated and settled by arbitrators; while those of a criminal character were decided by a jury of twelve men, and, when condemnation was agreed upon the verdict of guilty was accompanied by the sentence. Such was the judicial character of the courts which were held at that time, in what was known as the "Blackhawk Purchase."
     Patrick O'Conner, the subject of this memoir, was born in the year 1797 in the county of Cork, Ireland, came to the United States in the year 1826, and soon after arrived at Galena, in the State of Illinois, where he embarked in mining operations Having fractured his left leg in the fall of 1828, on board of a steamboat, in Fever river, it was found necessary to amputate the limb, which operation was performed by Dr. Phileas of Galena In this situation O'Conner became an object of public charity. The citizens of Galena, and the mines in that vicinity, promptly came forward and subscribed liberal sums of money for his support and medical attendance and in the course of time he was enabled to get about with the assistance of a wooden leg, when he began to display a brawling and quarrelsome disposition, which soon rendered him no longer an object of public sympathy. In this situation he endeavored to awaken a renewal of public charity in aid of his support by setting fire to his cabin in Galena, which came near destroying contiguous property of great value. This incendiary act, and the object for which it was designed, being traced to O'Conner, and exposed by Hr. John Brophy, a respectable merchant of Galena. O'Conner soon after, while passing the store of Mr. Brophy in the evening, fired the contents of a loaded gun through the door with the view of killing Brophy. Failing to accomplish his object, and being threatened with some of the provisions of lynch law, he left Galena and came to the Dubuque mines in the fall of 1833, where he entered into a mining partnership with George O'Keaf, also a native of Ireland. O'Keaf was an intelligent and industrious young man about 22 years old, and much respected by all who knew him. They erected a cabin upon the bank of the Mississippi river, near the present smelting furnace of Peter A. Loramier, about two miles south from Dubuque; while their mining operations were conducted in the immediate neighborhood. On the 19th of May, 1834, O'Keaf came up to Dubuque and purchased some provisions, when he returned to his cabin about 2 o'clock in the afternoon, accompanied by an acquaintance. Upon arriving at his cabin and finding the door fastened upon the inside, he galled to O'Conner to open it. O'Conner replied:
     "Don't be in a hurry, I'll open it when I get ready."
     O'Keaf waited a few minutes when he again called to O'Conner, saying: ' It is beginning to rain, open the door quick."
     "To this, O'Conner made no reply; when O'Keaf, who had a bundle in one hand and a ham of bacon in the other, placed his shoulder against the door and forced it open. As he was in the act of stepping into the house, O'Conner, who was sitting upon a bench on the opposite side of the room in front of the door, immediately leveled a musket and fired at O'Keaf. Five slugs entered his breast and he fell dead. The young man who accompanied O'Keaf immediately ran to the smelting furnace of Roots & Ewing, about a mile distant, and gave information of what had transpired. In a short time a large concourse of miners were assembled around the cabin, when O'Conner being asked why he shot O'Keaf, replied, "That in my business," and then proceeded to give directions concerning the disposition of the body. Some person present having suggested that he be hung immediately upon the tree in front of his cabin, a rope was procured for that purpose. But the more discreet and reflecting portion of the bystanders insisted that he should be taken to Dubuque, and the matter there fully and fairly investigated. Accordingly O'Conner was taken up to Dubuque. And on the 20th of May, 1834, the first trial for murder, in what is now known as the State of Iowa, was held in the open air, beneath the wide spreading branches of a large elm tree, directly in front of the dwelling then occupied by Samuel Clifton. A large concourse of people had assembled and stood quietly gazing upon the prisoner, when upon the motion of some person, Captain White was appointed prosecuting attorney, or counsel in behalf of the people. O'Conner being directed to choose from among the bystanders some person to act as his counsel, observed: "Faith, and I'll find to my own business," and appeared perfectly indifferent about the matter At length he selected Capt. Bates of Galena, who happened to be present, and in whose employ O'Conner had formerly been engaged. The two counsel then summoned from among the bystanders twenty-four persons, who were requested to stand up in a line; when Capt. White directed O'Conner to choose from among those persons twelve jurors. He accordingly chose the following persons, calling each by name: Woodbury Mussey, Hosea L. Camp, John McKensie, Milo H. Prentice, James Smith, Jesse M. Harrison, Thomas McCabe, Nicholas Carrol, John S. Smith and Antoine Loire. The names of the other two jurors, who were traveling strangers, cannot after a period of thirty years be discovered. It was known, however, at the time of the trial, that six of the jurors were Americans, three of them Irishmen, one Englishman, one Scotchman and one Frenchman. The jury being seated upon some house logs, Capt. White observed to O'Conner, "Are you satisfied with that jury?" O'Conner replied, "I have no objection to any of them; ye have no laws in the country, and ye cannot try me."
     Capt. White continued, "you, Patrick O'Conner, are charged with the murder of George O'Keaf, do you plead guilty or not guilty?"
     O'Conner replied, "I'll not deny that I shot him, but we have no laws in the country, and cannot try me."
     Three or four witnesses were then examined; when Capt. White addressed the jury for a few minutes and was followed by Capt. Bates, who endeavored to urge upon the jury to send the criminal to the State of Illinois, and there have him tried by a legal tribunal. Capt. White replied that offenders had been sent to Illinois for that purpose, and had been released upon "habeas corpus," that state having no jurisdiction over offenses committed upon the west side of the Mississippi River. After this, the jury retired, and having deliberated for an hour, returned to their seats, upon the logs, with Woodbury Mussey as their foreman, who read from a paper the following verdict and sentence:
     We the undersigned, residents of the Dubuque Lead Mines, being chosen by Patrick O'Conner, and empanelled as a Jury to try the matter wherein Patrick O'Conner is charged with the murder of George O'Keaf; do find that the said Patrick O'Conner is guilty of murder in the first degree, and ought to be, and is by us sentenced to be hung by the neck until he is dead; which sentence shall take effect on Tuesday the 20th day of June, 1831, at one o'clock P. M." Signed by all the jurors, each in his own hand writing.
     There was a unanimous expression of all the bystanders in favor of the decision of the jury. No dissenting voice was heard, until a short time before the execution, when the Rev. Mr. Fitzmaurice, a Catholic priest from Galena, visited O'Conner and inveighed against the act of the people, denouncing it as being illegal and unjust. Immediately the Catholic portion of the Irish people became cool upon the subject, and it was evident that they intended to take no further part in the matter.
     Up to this time we did not believe that O'Conner would be executed. It was in the power of the Rev. Mr. Fitzmaurice to save him, and he was anxious to do so. Had he appealed to the people in a courteous manner, and solicited his pardon upon the condition that he would leave the country, we confidently believe that they would have granted it; but he imprudently sought to alienate the feelings of the Irish people from the support of an act of public justice, which they, in common with the people of the mines, had been endeavoring to consummate. This had the effect of closing the avenues to any pardon that the people might have previously been willing to grant. They, however, up to this time would have recognized a pardon from the Governor of Missouri or the President of the United States. Application was made to the Governor of Missouri to pardon him; but he replied that he had no jurisdiction over the country, and referred the applicant to the President of the United States. President Jackson replied to an application made to him that the laws of the United States had not been extended over the newly acquired purchase, and that he had no authority to act in the matter; and observed, that as this was an extraordinary case, he thought the pardoning power was invested in the power that condemned. A few days before the execution, a rumor got afloat that a body of two hundred Irishmen were on their way from Mineral Point, intending to rescue O'Conner on the day of execution. Although this report proved not to be founded in truth, it had the effect of placing the fate of O'Conner beyond the pardoning control of any power but force. Runners were immediately dispatched to the mines to summon the people to arms; and on the morning of the 20th of June 1834, one hundred and sixty-three men, with loaded rifles formed into line on Main street in front of the old "Bell Tavern," where they elected Loring Wheeler Captain of the Company, and Ezra Madden, Woodbury Massey, Thomas R. Brasher, John Smith and Milo H. Prentice, Marshals of the day. The company being formed six-a-breast, marched slowly by a circuitous route to the house where O'Conner was confined, while the fife breathed in lengthened strains the solemn air of the Dead march, accompanied by the long roll of the muffled drum. The stores, shops and groceries had closed up their doors and life no longer manifested itself through the bustling hum of worldly pursuits. All was silent as a Sabbath mom, save the mournful tolling of the village bell. Men whispered as they passed each other, while every countenance denoted the solemnity and importance of the occasion. Two steamers had arrived that morning from Galena and Prairie. Du Chien, with passengers to witness the execution. The concourse of spectators could not have been less shall one thousand persons.
     The company having marched to the house occupied by O'Conner, now owned by Herman Chadwick, halted and open ed in the center, so as to admit into tihe column the horse and cart containing the coffin. The horse was driven by William Adams, who was seated upon the coffin, and was employed as executioner. He had on black silk gloves, and a black silk handkerchief secured over and fitted to his face by some adhesive substance, which gave him the appearance of a negro. The Marshals soon came out of the house, followed by O'Conner and the Rev. Mr. Fitzmaurice. The two latter took a position directly behind the cart, while the former mounted their horses and rode to the front of the column, which now moved slowly to the smith-shop of Thomas Brasher, where the irons were stricken from O'Conner by Henry Becket. Our position in the column being in the front rank, following the priest and O'Conner, we were enabled to observe the bearing of the latter. He seemed to have abandoned all idea of being released, and was much distressed, wringing his hands and occasionally ejaculating detached parts of some prayer, "Will the Lord forgive me?" he would frequently ask of Mr. Fitzmaurice, who would reply, "Whosoever believeth in the Lord Jesus Christ shall be saved," together with other like scriptural expressions. After he returned from the smith-shop, the Captain of the company desired him to get into the cart, when the priest observed, ' No, I wish to talk to him; let him walk." Capt. Wheeler replied that he had orders to place him in the cart; but would go and state his request to the Marshal. Accordingly he advanced to where Mr. Madden was setting upon his horse, who observed in a loud tone of voice, "No; if that gentleman wishes to talk with him, let him ride upon the cart with the murderer." This was spoken harshly and contemptuously by Mr. Madden, who, we learned afterwards, was deeply offended at some remarks previously made by Mr. Fitzmaurice concerning himself, and imprudently took this opportunity to retaliate, which we have reason to believe he afterwards regretted.
     The Captain of the company delivered the message as he received it, though in a more pleasant tone of voice. Fitzmaurice bowed respectfully to the message, but made no reply. O'Conner being now seated upon the coffin, the column commenced moving forward, to quarter minute taps of the drum, and arrived about twelve o'clock at the gallows, which we erected on the top of a mound in the vicinity of the present Court House. The company here formed into a hollow square, the cart being driven under the arm of the gallows, at the foot of which the grave was already dug. The Captain immediately ordered the company to ground arms, and uncover. Even many of the spectators removed their hats, while the priest offered up, in a clear and distinct tone of voice, a fervent and lengthy prayer, parts of which were repeated by O'Conner, who, at the close of the prayer, addressed a few remarks to the people, saying that he had killed O'Keaf, that he was sorry for it, and he hoped that all would forgive him. Then pausing for a moment, he observed, "I wish Mr. Lorimier and Gratiot to have my—" here he was interrupted by the priest, who observed, "Do not mind your worldly affairs; in a few minutes you will be launched into eternity; give your thought to your God.,' The hangman now spoke to O'Conner and assisted him to re-ascend the cart, when he adjusted around his person a white shroud; then securing his arms behind him at the elbows, he drew the cap over his face, fixed the noose around his neck, and lastly, he removed his leg of wood; then descended from the cart, and laid hold of the bridle of his horse and waited for the signal, which was given by one of the Marshall, who advanced into the open area, where he stood with a watch in one hand and a handkerchief at arm's length in the other. As the hand of the watch came around to the moment, the handkerchief fell, and the cart started. There was a convulsive struggling of the limbs for a moment, followed by a tremulous shuddering of the body, and life was extinct. The body hung about thirty minutes when Dr. Andros stepped forward, felt of his pulse, and said., "He is dead?" The body was then cut down and placed in the coffin, together with his leg of wood, and deposited in the grave. The company now marched in single file to the front of the Bell Tavern, where a collection was taken up to defray the expenses, when the company was disbanded. Immediately; after this many of the reckless sad abandoned outlaws, who had congregated at the Dubuque Mines, began to leave for sunnier climes. The gleam of the Bowie knife was no longer seen in the nightly brawls of the street, nor dripped upon the sidewalk the gore of man; but the people began to feel more secure in the enjoyment of life and property.