With the establishment of the circuit court, Judge James G. Day, judge of the third district, Iowa, on the first day of December, 1868, in compliance with the requirements of section 24 of the act establishing circuit and general courts, and defining the power and jurisdiction thereof, designated the following dates for holding the terms of the circuit court in Mills county: At Glenwood January 12, April 6, July 20, and October 5. This county, with Fremont, Page, Montgomery and Pottawattamie counties belong to the third judicial district, of which they constitute the first circuit.
The records of the circuit court of this county open with a vacation record. The first business appearing was in reference
to an application for the sale of “intoxicating liquors.” The officers of the court were Hon. R. L. Douglas, judges;
T. P. Ballard, clerk, and E. B. Sampson, sheriff. The vacation record is as follows, the clerk acting as judge:
In the matter of the application of C. A. Bartholomew for marriage license, January 4, 1869. Comes now into court this
4th day of January, 1869, C. A. Bartholomew and makes application for license permitting the marriage of himself and
Miss M. A. Beaton, and the court being satisfied as to the competency of said parties, grants the license as prayed for.
T. P. BALLARD,
Clerk Circuit Court.
In the matter of the application of George G. Gause for marriage license January 5, 1869. Comes now into court this 5th day of January, 1869, R.R. Hawley, and makes application for license permitting the marriage of George G. Gause and Anna C. Lewellyn, and the court being satisfied as to the competency of said parties, grants the license at prayed for.
T. P. BALLARD,
Clerk Circuit Court.
In the matter of the application of William F. Kramer for permit to sell liquors. Comes now on the 4th day of January, 1869, Wm. F. Kramer and files certificate of good character, signed by twelve citizens of Glenwood township, for the purpose of procuring a permit to buy and sell intoxicating liquors in the town of Glenwood, Mills county, Iowa, for medicinal, mechanical, culinary and sacramental purposes only; whereupon January 14, 1869, is fixed as the time of final hearing in this matter before the judge of the court in term time at Glenwood, Iowa, and it is ordered that notice of the application and the time of final hearing he given by posting at the door of the post office in Glenwood, Iowa, at least ten days before the time of final hearing.
T. P. BALLARD, Clerk,
In the absence of the Circuit Judge.
The foregoing entry read in open court on the 12th day of January, A. D., 1869, and approved by me.
R. L. Douglass,
Circuit Judge of the 7th Circuit of the 3d Judicial District.
The business of the first term was not very extended, nor did it cover a wide range of subjects. For the full information of the reader, who may desire to know how court records are kept, and
something of the nature of the business as well, the following record of the first term has been transcribed in full:
At a regular term of the circuit court of Mills county, Iowa, begun and held at the court house in Glenwood, on Tuesday the 12th day of January, A. D. 1869.
Present—Hon. R. L. Douglass, circuit judge of the first court of the third judicial district; T. P. Ballard, clerk, and E. B. Sampson, sheriff, and where the following proceedings were had and done:
The said court adopted for its own use a metallic seal, having on the face thereof “Circuit Court of Mills County, Iowa,” and also the Goddess of Liberty holding a shield in her right hand, and in her left hand a flag.
The court then adjourned until to-morrow morning at 10 o’clock A. M.
Signed and approved January 12th, A. D. 1869. in open court.
R. L. DOUGLASS.
WEDNESDAY, January 13, A. D. 1869, 10 A. M.
Court met pursuant to adjournment. Present, same as yesterday.
The court this day was occupied with probate business. and at 3 o’clock adjourned until to-morrow morning at 9 o’clock A. M.
R. L. DOUGLASS.
THURSDAY MORNING, January 14, A. D. 1869.
Court met pursuant to adjournment. Present, same as yesterday.
Application of Wm. F. Kramer for permit to buy and sell intoxicating liquors for mechanical, culinary and sacramental purposes only.
Comes now the said Wm F. Kramer by H. C. Watkins, his attorney, and it appearing to the court by satisfactory evidence that the said applicant is not a hotel keeper, keeper of a saloon, eating house, grocery keeper, nor a confectioner, and he having on the 4th day of January, A. D. 1869, presented to and filed in the office of the clerk of this court a certificate of twelve citizens of Glenwood township, in this county, certifying that the said applicant is a man of good moral character and standing therein; that said certificate was obtained for the purpose of procuring for said applicant a permit to buy and sell intoxicating liquors for the purposes above shown, in Glenwood, Mills county, Iowa, of which township, town and county said applicant is a citizen and resident; and at the same time, the application of said Wm. F. Kramer being filed in the office of said clerk, and the said clerk having fixed the third day of the present term of this court, to-wit: the 14th day of January, A. D. 1869, for the final hearing of said application, and having given legal notice thereof by posting such notice on the post office door in said city of Glenwood, Glenwood township, Mills county, Iowa, more than ten days prior to the said time set apart for final hearing of said application, and the said Wm. F. Kramer having this day, in the presence of the court, executed his bond in the penal sum of one thousand dollars, with two good and sufficient sureties, to-wit: H. Betts and F. Heinsheimer, approved by the court, conditioned and required by the statute made and provided, and said bond, so approved as aforesaid, being deposited with the clerk of the district court of Mills county, and having paid all the costs, it is therefore ordered and adjudged that a permit to buy and sell intoxicating liquors for mechanical, medicinal, culinary and sacramental purposes only, in said city of Glenwood, be and the same is hereby granted to the said Wm. F. Kramer, pursuant to the statute in such cases made and provided, in the drug store of said Kramer, being the wooden building situated on the twenty feet front of lot 10, in block 31, in the said city of Glenwood, and said permit is continued for the period of twelve months from this date, unless sooner revoked.
Whereupon court adjourned until court in course.
R. L. DOUGLASS, Circuit Judge.
The second regular term of the circuit court convened Tuesday, April 6, 1869. There were present Hon. R. L. Douglass, judge of the first circuit of the third judicial district, T. P. Ballard, clerk, and E. B. Sampson, sheriff. It appearing that no jury had been empanneled, the court ordered the clerk “to issue a precept to the sheriff commanding him to summons a sufficient number of persons from the body of the county to serve as jurors at the present term of this court, which precept was returnable to-morrow morning at nine o’clock.”
The first cause of the second term was a case in law, being that of S. Slaughter vs. Mary Humphreys, and J. Humphreys. This case was continued generally. To learn the outcome of this first cause in law the records of the court have been searched and with the following result. In the July term, of 1869, (July 21) the cause was again brought before the court. The defendant by his attorneys, filed a motion for more specific statement. The cause again came up, on defendant’s motion, on the same day, and after listening to the arguments of counsel, the court took the case under advisement until the following morning. On the next day, July 22, the defendant withdrew his motion for more specific statement, and filed his demurrer to plaintiff’s petition. The case was submitted to the court on the demurrer, and his honor took the same “under advisement until the first day of next term.” The next term was in October, and when the case came up the following entry was made:
SAMUEL SLAIUGHTER
vs.
MARY HUMPHREYS, and
J. HUMPHREYS
The court overrules the demurrer heretofore filed, and at the last term of this court filed by the defendants to plaintiff’s petition, and, which after argument at said last term the court took under advisement until this term. It is therefore considered that the plaintiff recover of the defendant the sum of one dollar and costs, and that execution issue therefor.
Thus open the judicial records of the county. All the years that have intervened since that eventful year have witnessed many trials of human skill and ingenuity—usually called law. Fortunes have been lost, liberty taken away or restored, petty injuries righted, and sometimes—should it be said? great wrongs have been perpetrated. But infamous wrongs have been righted and villianous projects often defeated. The judicial records of this county cover all the range of legal sin from petty larceny to murder. Legally speaking, Glenwood is historic ground, and the wrongs it has seen righted in the past may prove but a tithe of what remains to the future.
The judges of the circuit court have been Hon. R. L. Douglass, Hon.
T. R. Stockton and Hon. C. H. Loofburow, the present worthy incumbent.
