Jefferson County Online The First Court

The court records were begun in February, 1839, by John A. Pitzer, clerk, probably at the house of Sulvenus Herrington.

The first entry was an order "by the judge that the eagle side of a ten-cent piece of money of the American coin be the seal temporarily for the District Court of Jefferson County, Iowa Territory." The judge was Charles Mason, although his name is omitted.

The second entry notes the appointment on February 6th of Samuel Moore as undersheriff by Frederick F. Lyon, sheriff. This was a legal requirement to establish the authority of a deputy.

Thursday, March 28th, was the statutory date for opening the first term of court. Summonses were issued. Officers, litigants, witnesses and jurors were in attendance. They remained until the close of the second day when, no judge appearing, the clerk adjourned the session. So it happened that the first court was not held until the second regular term in course, when it was convened in the new building erected for the purpose at Fairfield. Judge Joseph Williams of the second judicial district presided, for some reason taking the place of Judge Mason. He had journeyed on horseback and alone from Bloomington, now Muscatine, and arrived a day late. On account of his delay the opening of the court fell on Friday, August 2d, instead of Thursday, August 1st, as it properly should.

On the sheriff's returning the venire for a petit jury, "the following good men and true answered to their names:" Wiley Jones, Abraham Landers, Isaac Blakely, Isaac Whittaker, Edward Busic, Isaac McCalla, John Vinson, George C. Parker, Charles Holloway, George W. Troy, John Eastep, David Eller, John Royer, John W. Johnston, Michael Pebler, Benjamin Mount, Greenup Smith and Alfred Akes.

Two grand juries were called in a Territorial Court. One was summoned by a marshal of the United States and one by the sheriff. The former concerned itself with violations of federal statutes, the latter with violations of territorial statutes.

The marshall a person nameless, returned a venire for a grand jury "served on the following good, lawful and true men of his bailiwick:" Henry Shepherd, Johnson Gillim, William Vinson, Wililam (sic) Precise, John Ankrum, William Hueston, David Pebler, John Millen, Jonathan Turner, James Colman, James Lanman, Henry McCauly, Frederick Fisher, James Gilmer and Archer Green. Being duly qualified, they retired; but after some time, returning and reporting there was no business before them, they were discharged.

The sheriff then returned a venire for a grand jury. This included twenty-three persons, any sixteen of whom were sufficient to constitute a lawful body. They were selected by the county commissioners, which insures that they were representative men in their respective communities and were taking an active interest in public affairs. They were Henry Shepherd, John Gillem, William Vinson, William Precise, John Ankrum, Joseph Hickenbottom, William Hueston, David Cowan, Josiah Lee, John Parson, David Pebler, John Millen, Jonathan Turner, James Colman, James Lanman, Henry McCauly, Frederick Fisher, James Gilmer, Archer Green, Aiden Norodike, Rodham Bonnifield, Jonathan Dyre and Enos Elmaker. The last four were not present. The others were duly sworn and retired to consider of bills and presentments.

Wilis Stone and Oliver Mitchell were appointed constables, Alexander Kirk crier, and Cyrus Olney prosecuting attorney. These appointments held only for the session.

On the motion of Cyrus Olney and the presentation of a duly authenticated license of admission to practice as an attorney at law in the State of New York, Samuel Shuffleton was formally admitted to practice law at the Iowa bar. Besides these two there were present as attorneys H. H. Buckland, I. Van Alen and J. B. Teas.

There were seven cases on the docket, namely: Hosea Hall versus Isaac Bush, Solomon Biever versus Hosea Hall, John Galiher versus Jonathan D. Brown, John L. Sinnard versus George Beard, William H. Turner versus George Beard, David Overton, appellee, versus Amos Lemon, appellant, and William Montgomery, appellee, versus John Haley, appellant.

Only the case of Hall versus Bush was at this time submitted to a jury. Van Alen appeared for the plaintiff, Buckland and Olney for the defendant. The jurors impanelled were George C. Parker, Charles Holloway, George W. Troy, Isaac McClary, David Eller, Edward Busic, John Vincent, Abraham Linder, John Royer, John Eastep, Isaac Blakely and Alfred Akes. The issue set out was that Isaac Bush on the first day of September, in the year of our Lord, 1838, with force and arms made an assault in the limits of the County of Jefferson and then and there shot off and discharged a certain gun loaded with gunpowder and slugs at and against a certain gray horse of the plaintiff of great value, to wit, $200, and so greatly shot, hurt and wounded the horse that it died; that on the same date and on subsequent dates he committed assaults of like character on other horses of the plaintiff, all of great value; and that he had "fastened with logchains" and "cut off the mane" and "hobbled with bark" a certain bay mare, to her great injury. Damages were asked in the sum of $700. The prosaic jury made due allowance for the picturesque descriptions. It found the defendant "guilty as charged," but only gave the plaintiff $5 for his damage. The costs, amounting to $65.66, were a more serious matter.

The grand jury returned five "inditements." George W. Troy, John Payton, William Melton and Sylvenus Herrington were severally indicted for gambling. This was a besetting sin of the times and the territory. They were charged with playing a "certain of chance commonly called chequer luck." It was a combination of "dise" and checkers. Bail was fixed at $100 for each of them. John Vories was indicted for perjury. Of him $300 was demanded as bail.

This ended the work of the court, which had lasted but two days. Some reference to the final disposition of the cases which came before it will be in keeping.

Solomon Biever was a millwright. He had helped Hall to build a grist mill on Big Cedar Creek, in section 36 of township No. 71 north, range 9 west. Not having been paid for labor done he brought suit to recover. He finally secured a judgment.

The cases of John L. Sinnard versus George Beard and of William H. Turner versus George Beard were both for "broken covenant." The breach was failure to deliver at New Lexington, a town in Van Buren County, "200 gallons of good rectified whisky" to Turner, and "210 gallons of good rectified whisky, 35 gallons of brandy and 20 gallons of sweet wine" to Sinnard. Beard died before trial. The issues, however, came up at the April term, 1840, before Judge Mason. A jury passed upon Sinnard's claim and awarded him $283.75 for his loss. At the court's order Turner's claim was assessed at $175 by the clerk. From these awards it would appear that liquor was then a peculiarly valuable and profitable article of merchandise.

The action of John Galiher versus Jonathan D. Brown was brought to recover on a promissory note. The final result was a judgment for payment.

The suits of Overton versus Lemon and of Montgomery versus Haley were on appeals of the defendants from courts of justices of the peace. In the former an order was issued on the trial justice requiring him to perfect his record. Nothing further appears in regard to it. In the latter Haley defaulted and the decision of the justice was affirmed.

The "inditements" accomplished little more than to occasion some annoyance and some expense. George W. Troy stood trial and was found "not guilty." John Payton preferred to enter a plea of guilty and was fined $10 and costs. William Melton's case was continued and when tried was lost. In Sylvenus Herrington's case a nolle presequi was entered. The charge of perjury against John Vories was based on testimony he had given in the court of Justice Turner concerning the leasing of a sugar camp to William Tilford and John R. Parsons. The indictment was quashed.