pg 248

From the records of the early law suits we have found many things of historical interest, showing the doings of early settlers whose names figured in our early history, as well as the names of some whose names do not appear anywhere else. Besides, these suits throw some light on the character and habits of those who are concerned in them, and much more upon the manner of preparing legal documents and conducting legal proceedings in the early days. Following is a sample of an indictment found at the first term of the district court held in this county:

"United States of America, Territory of Wisconsin. County of Louisa.—District Court for said County, April term A. D. 1837.

"The grand jurors selected tried and sworn in and for the body of the County aforesaid upon their oaths present, that James Gordon and Joshua Smith late of the County aforesaid not having God before their eyes; but being persons of disolate habits of life did on the 25th day of March in the year of our Lord One thousand Eight hundred and thirty-seven start set on foot play and bet at and on a certain game of chance with cards comonly called all fours. In the peace of God and the United States to the great damage of divers good and worthy citizens and gainst the dignity of the United States of America and the form of the Statute in such case made and provided, and so the grand jurors aforesaid do …

Photo of Andrew Gambe., H. M. Letts, W. P. Smith; Supervisors of Louisa County, June, 1871

.

pg 249

..."Found on the testimony of Phillip Maskell, one of the grand jurors sworn to give evidence.—James W. Woods, Atty. pro tem."

The records show that both these defendants were arrested on this indictment and gave bond with John Kern as security in the sum of $55. Phillip Maskell seems to have been the only witness summoned, but the case was never tried. The records show the following motion, signed by James Gordon: The defendants move the court to quash the indictment in this case, because (1st) the said indictment is not endorsed by the clerk of this court as required by law; (2d) the indictment charges no offense known to the law; (3d) the indictment should allege the offense to have been committed without a special act of the legislative council of the territory of Wisconsin.

It subsequently appears that David Rorer represented the defendants and moved the court to quash the indictment for reasons filed, and after argument on the motion the indictment was quashed. The costs amounted to $5.31 1/4.

From the record of a civil suit begun on the 21st of April 1837, by William H. Dennison against William Fleming, we learn that both these parties were in Louisa county as early as July 12, 1836, for it is alleged that .on that date Fleming gave his note to Dennison in Louisa county for the sum of $87.50, payable on November 1st, 1836. James W. Woods was the attorney for the plaintiff. The name of the defendant's attorney does not appear in the record but the final entry shows that the case was dismissed at the plaintiff's costs, which were $5.12 ˝.

There is also the record of a suit by Henry Thompson against William Milligan and M. P. Mitchell. It is entitled "Trespass" and seems to have been commenced by Henry Thompson, filing an affidavit, stating that on or about June 7, 1837, in Louisa county, a certain William Milligan and M. P. Mitchell of said county "came to the dwelling house of him this deponent and then and there vi et armis forcibly and against the will of him this deponent and against the peace and dignity of the United States of America and this territory took from this deponent certain household property goods and chattels (belonging to him, this deponent to wit): Beds and bedding, cooking utensils, certain articles of queensware, trunk, table and sundry other articles; and the said property was taken from the said William Milligan and M. P. Mitchell and carried away so that the said goods and chattels hath been and were greatly injured and damaged and the said deponent was deprived of the use and possession of the same, and the said William Milligan and M. P. Mitchell did him the said deponent then and there greatly abuse and ill treat and then and there drew and presented a cocked pistol at the said deponent and threatened him, the said deponent then and there to shoot, kill and murder," &c. This affidavit winds up by claiming damages to the amount of $3,000.

Upon the filing of this affidavit in the district court Clerk Inghram issued the following capias:

"Wisconsin Territory, Louisa County, ss.
The United States of America To the Sheriff of said County, Greeting:

"You are hereby commanded to take William Milligan and Milton P. Mitchell ...

pg 250

... if to be found within your county and them safely keep so that you have their bodies before the District Court of said County on the first day of the next term thereof to be begun and holden in and for said county in the Town of Wapello, on the first Thursday after the third Monday in September we set to answer unto Henry Thompson in a plea of Trespass to his damage three thousand dollars. Hereof fail not at your peril and have you then there this writ. Witness the Honorable David Irvin Judge of the Second Judicial District of the Territory of Wisconsin and sealed with the temporary seal of the said court, this third day of July in the year of our Lord one thousand Eight hundred and thirty seven and of the Independence of the United States of America the sixty-first."

An order was made by Judge Irvin, dated July 4, 1837, fixing bail in this case at the sum of $500. The return of the sheriff on the capias is as follows: "By virtue of the within capias I have took the bodys of William Milligan and Milton P. Mitchell and took R. H. Slaughter and James Clark as bail for said Milligan's appearance at the court, 20th July, 1837, and M. P. Mitchell, 22d July, 1837, and Jeremiah Smith and John H. Benson as bail for M. P. Mitchell's appearance at court.

 

For serving, each $1.00	$2.00
Travel fee	.62 1/2
For taking bond	1.00
	$3.62 1/2
(Signed) Samuel Smith, Sheriff, L. Co. W. T."

The records show the bonds referred to by the sheriff as bail and show also that subsequently subpoenas were issued for a number of witnesses, among them Philip B. Harrison, Christopher Shuck, Isaac Ramsey, George Clark Reed, Abigail Ramsey, Elias Keever, A. H. Lee, William L. Toole, Daniel Brewer, John W. Ferguson and several of the Rinearsons. This case was settled by an agreement dated May 3, 1838, whereby Henry Thompson withdrew and dismissed the suit, and William Milligan agreed to pay the costs.

Another suit that was brought soon after this one and settled on the same day was the case of Milligan against Harless. We may infer from it that Martin Harless had some connection with the suit of Thompson against Milligan, or with the events that led up to it, for it seems that on July 22d, 1837, William Milligan made affidavit before the clerk of the district court in an action of trespass on the case for slander, against Martin Harless, stating that Harless had falsely accused Milligan of forging the names of P. B. Harrison and Christopher Shuck, justices of the peace, to a writ called a writ of restitution. In this suit Milligan claimed $1,000 damages from Harless. Harless was taken in custody upon capias and gave bond in the sum of $300 with John Bevins and Thomas England as security.

pg 251

The subpoenas show that William Milligan had the following witnesses summoned: Hiram Smith, Isaac Ramsey, E. Chapman, Henry Johnson, Noah Parrish, Henry Brendle, Henry Slaughter and Richard Slaughter, while the defendant Harless seems to have caused summons to be issued for Philip B. Harrison, Henry Warnstaff, Charles D. Gilliam, and also for Christopher Shuck, with his docket entry and all the papers belonging in the case of William Milligan against Henry Thompson in an action of "forcible entry and detainer." This case was settled on May 4, 1838, by each party paying his own costs.

We learn from a suit between William H. Creighton and William H. Shuck that about April 1st, 1837, Mr. Creighton and James Wilson went after some meal and took it to the "slew," and that when Creighton proposed to take the meal across in a canoe, Shuck said to him that he could go through with the wagon and that if the meal was lost he would pay for it; that Shuck went in the slough and got stalled and that, in spite of all efforts of all three of the parties to save the meal, about thirty-five bushels of it was lost. Mr. Creighton first brought his suit before William Milligan, justice of the peace, and recovered judgment against Shuck for $45, with $6.05 costs. Mr. Shuck appealed to the district court. This appeal was dismissed on motion of Chapman & Grimes, attorneys for Creighton, which motion was based upon the following reasons: (1st) because there was no issue made up in court daily appearing upon the record; (2d) because it does not appear from the transcript which of the parties took the appeal.

There were a great many indictments for assault and battery at the first term of court held in this county. One was against John Kern for an assault upon Joseph Carter in February, 1837. Another was against Thomas D. Killough for an assault upon James Criswell in April, 1837. Another was against Isaac Parsons for assaulting our first school teacher, J. W. Ferguson, on July 15, 1836. Another was against John Westfall for assaulting William Dupont in April, 1837. Another was against Joseph Carter for assaulting Riley Driskel. Another was against William Kennedy for assaulting James Irwin, December 6, 1836.

There was an indictment against John W. Ferguson for assaulting Samuel S. Gourley on February 25, 1837, and another against Samuel S. Gourley for assaulting John W. Ferguson on the same date.

The indictments for assault and battery were all much alike; we give one of them:

"The grand jurors selected, tried and sworn in and for the body of the county aforesaid upon their oaths presented for Isaac Parsons of the county aforesaid on the 15th day of July in the year of our Lord one thousand eight hundred and thirty-six, with force and arms at the county aforesaid in and upon one J. W. Ferguson in the peace of God and the United States then and there being, did make an assault, and him the said J. W. Ferguson then and there did beat, bruise, wound and ill treat so that his life was greatly despaired of and other wrongs to the said J. W. Ferguson then and there did to the great damage of the said J. W. Ferguson, and against the peace of dignity of the United States of America and contrary to the said statute in such case made and provided and so the grand jurors aforesaid do say."

pg 252

Another case is an indictment against Orin Briggs, Robert Briggs and J. Ferguson, charging that on July 28, 1837, they "with force and arms, being unlawfully assembled together in a warlike manner did make an affray to the terror and disturbance of divers of the citizens, etc."

Another case is that of Samuel Smith against Rufus P. Burlingame, attachment for the sum of $750, issued June 17, 1837. At this time Samuel Smith was sheriff and it was necessary to place the writ in the hands of the coroner for service. Mr. Burlingame was then in the mercantile business at the town of Iowa and it appears from the papers that his store goods were levied on and that these goods were appraised by Charles B. Field and William Guthrie at $2,913.76. The coroner also levied on two yoke of oxen, one chain, one large ox wagon which were appraised at $175. one cow and calf appraised at $30 and also 2,000 rails and ten acres of "broke prairie" immediately west of the adjoining town of Iowa appraised at $61.25. Mr. Burlingame gave a delivery bond to the coroner for these goods, the bond being signed by Francis Blake, Jeremiah Smith and William Dupont. In May, 1838, the case seems to have been settled and dismissed, each party paying half the costs.

It appears that our first postmaster, C. A. Ballard, also was in litigation. On July 19, 1837, Ridgely & Billou, by Browning & Perrin, their attorneys, brought an action of assumpsit against him for $280. J. W. Woods represented Mr. Ballard and moved to quash the writ, (1st) because it was not made returnable to the district court but to the judge; (2d) because the writ was not in the name of the parties, but of a firm, and because it was not properly endorsed. This motion after "mature consideration," as the record shows, was sustained.

We must not omit to mention a suit in which our first settler, Christopher Shuck was interested; it was the case of Christopher Shuck vs. Orin Briggs. This was a slander suit and was dismissed at the cost of defendant June 11, 1839, as the records of the District Court show. A little paper filed in the County Recorder's office dated June 8. 1839, explains why the case was dismissed; it is as follows:

"To the Public. Some time in March last through the influence of passion I,—in the presence of Several individuals made Several statements derogatory of the character of Christopher Shuck, Esqr., only for the purpose of irritating him—I stated he was a sheep thief, a horse thief &c &c which charge may do Mr. Shuck some injury abroad. To prevent which and to repair the injury done Mr. Shuck, I take this method of making it known that I do not know of any act of his that would warrant me in making the above charges—and as I before stated I made them only for the purpose of irritating him."
       June 8, 1839.                               Orin Briggs
       In the presence of
                Wm. Fleming,
                Albert Cadwell

Anothe       r item in the Court records which will give us an insight into the habits of the pioneers is found in the probate record of the estate of S. S. Gourley. one of the early settlers of the county. It shows that William Milligan filed a ...

pg 253

... note for $25.00 against Mr. Gourley's estate, and that Edward H. Thomas was appointed by the Court to defend on behalf of the estate. The note was duly proven, and the consideration therefor was also duly proven, and the Court's finding, after stating the foregoing facts, is as follows: "It is adjudged by the Court that said consideration is a bad one."

Enough interesting items could be found in the probate records alone to fill this volume, but we will content ourselves with giving the final entry made by our last probate Judge, Merit Jamison, on August 5, 1851. It is as follows:

"Court adjourned.
"Signed I." Intended, of course, for sine die.

The District Court records show numberless reports made by the Grand Jury, most of which are strictly formal. For the past few years the Grand Jury have condemned our County jail at least once a year and sometimes oftener. We think it worth while to give the report made at the October, 1865, term of the District Court, which is as follows:

"Grand Jury Room. W apello, Iowa, Oct. 26, 1865.
To Hon. Francis Springer, Judge of the District Court of Louisa County, Iowa:

The Grand Jury in the discharge of their duties have visited and examined the County Jail. The Jurors were gratified to find it tenantless, no persons being confined therein, which they consider a good argument in favor of the morals and law-abiding qualities of the citizens of the County.
The Grand Jury after much patient investigation into the cases of liquor selling have come to the conclusion, either that this pernicious traffic has nearly ceased (except for medical purposes) or else that there is a great deal of hard swearing done to shield the perpetrators.

All of which is respectfully submitted.
              A. Gamble,
              Foreman.”

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