On January 15, 1851 the Governor of Iowa approved an act
of the legislature defining the boundaries of Montgomery
County. It is the first legislation in which the name of
a county appears. These same boundaries exist today.
was surveyed in 1851. At that time
there was only five families in the county - S. F.
Snider, E. Heady, John Ross, James Ross and John
Stafford. The County was ordered to be organized in
January of 1853. Amos G. Lowe was appointed
Organizing Sheriff. Three commissioners, W. S. Townsend,
R. B. Lockwood and R. W. Stafford, met to locate the
seat of justice of .
On July 22nd, 1854 the County Seat was located in
Frankfort Township, described as SW 1/4 of Section 17
Twp. 72 North of Range 37 West. An order was issued by
Judge A. G. Lowe on November 13, 1854 that the Seat of
Justice of be called "Frankfort." As
soon as the County Seat was located in Frankfort, Red
Oak, then known as Red Oak Junction, cast a wishful eye
upon it and ardently coveted the honor of being the
capital of . The question of removal
was finally voted upon in November, 1864.
The new town of Red Oak Junction was almost universally
called Red Oak but the legal or Post office name was Red
Oak Junction. The canvassers therefore threw out the
votes cast for Red Oak. This gave a majority in favor of
retaining the County Seat at Frankfort. In case
the votes cast for both Red Oak and Red Oak Junction
were counted, the majority would be in favor of the
County Seat being removed to Red Oak. Upon these facts
H. H. Campbell, who built one of the first houses in Red
Oak, sued out a writ of mandamus to compel the
canvassers to count as for Red Oak Junction the votes
that were cast for Red Oak. It was not until the
8th day of June, 1865 that the legal entanglement was
cleared and the supervisors were required to provide
necessary offices for the removal of the books, records
and other public documents to the new County Seat "Red
Oak Junction." The court house was to be moved by
January, 1866. The first term of District Court of
was held at Frankfort on November 17,
1856. Before that date had been
attached to Adams County for judicial purposes and court
was held in Quincy, Adams County.
The first court in Frankfort was held in the home of Dr.
Amasa Bond, then District Clerk. Hon. E. H. Sears of
Fremont County was District Judge and presided at a
common dining room table in the log cabin owned by Amasa
Bond. L. C. Cook was sheriff at that time. The first
business done was to impanel the grand jury. The
following persons were named; Wm. Dunn, I. N. Poston,
Wm. Dinwiddle, John Bolt, Tyra Stafford, James
Robertson, Isaac Coon, R. M. McMellon, Henry Kerns and
Wm. Stipe. Five others had been summoned, James
Carlisle, G. P. West, H. C. Shank, A. G. Wallingford and
Jeptha Pitman, but they did not appear. Carlisle, West
and Shank were excused but attachments were issued for
Wallingford and Pitman and made returnable for the next
term of court. Five bystanders were summoned, namely,
John Honey, Daniel Stennett, A. J. Glover, Henry Billman
and G. A. Gordon. Gordon was appointed foreman.
The grand jury found six indictments at this first
session. One of these was against Issac Bolt and J. T.
Patterson for .......continued on page 20.
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