of
Muscatine County Iowa
1879
| History of Muscatine County Iowa 1879 | |
Source: History of Muscatine County Iowa, Historical Section, 1879, pages 425-428
DISTRICT COURT. The first session of the District Court of the United States ever held in Muscatine County convened in Bloomington, Monday, April 24, 1837. Hon. David Irvin, Judge of the Second Judicial District of Wisconsin Territory, and Associate Justice of the Supreme Court of the same, presided. W. W. Chapman, United States District Attorney, in attendance.
The record reads: "The Court being satisfied of the character and qualifications of John S. Abbott, doth appoint him Clerk of this Court; and there-upon, the said John S. Abbott, with John Vanater and Eli Reynolds, his securities, appeared and entered into bonds, conditional according to law; and the said John S. Abbott, as Clerk, took the oath of office."
It was ordered that the temporary seal of the Court be a diamond-shaped piece of paper, fastened to the records by means of a wafer, and impressed with the reverse of a United States dime.
FIRST GRAND JURY. It was ordered that a venire facias be forthwith issued by the Clerk for a grand jury. The following men were summoned: Robert Bamford, Benjamin Baston, Edward E. Fay, Robert C. Kinney, Jonathan Pettibone, Eli Reynolds, A. L. McKee, Joseph Mounts, Thomas J. Starke, Nathan Parsons, Samuel Parker, William Sparks, Christopher Barnes, John Briggs, Levi Chamberlain, Norman Fullington and Anderson Pace. Mr. Bamford was chosen Foreman.
The jury was duly sworn in and retired "to their chamber," as the Court was pleased to term the retired spot to which they repaired; but soon returned and announced that their investigations had resulted in finding no indictments. The first grand jury was thereupon discharged.
James W. Woods, familiarly and generally known in the days which followed his admission to Western courts as "Old Timber," was appointed District Attorney pro tem. for Muscatine County.
Mr. Woods first official act was to move that the venire facias just referred to be set aside and a new one be issued. The motion was sustained, and the following men were chosen as grand jurors: Robert Bamford, Chairman; Robert C. Kinney, Jonathan Pettibone, Eli Reynolds, Joseph Mounts, Thomas J. Starke, Nathan Parsons, Samuel Parker, William Sparks, Christopher Barnes, John Briggs, Levi Chamberlain, Norman Fullington and Anderson Pace. The second effort proved more fruitful of results, for the cases of the United States vs. James Casey, Moses Couch, Edward E. Fay, for selling liquor to the Indians; the United States vs. Eben Long, perjury; the United States vs. Anna Walliker and Jacob Walliker, adultery; the United States vs. John Knapp, assault and battery on the Sheriff, who attempted to arrest him for gambling; the United States vs. James Casey, Christopher Barnes and Norman Fullington, for assault, were all duly entered on the docket, true bills having been found. The offenses were all bailable, and sums ranging from $55 to $100 were ordered in the several cases. Some of the parties were favored with no less than siX separate indictments. In all, there were seventeen presentments. The most remarkable feature of the affair is, that two or three of the grand jurors were themselves indicted, either for assault and battery, or for gambling. These indictments were returned the second day of the session.
The first case of record is that of Jonas M. Higby vs. John G. Cooper, assumpsit. Lawyer Woods succeeded in getting the writ quashed because of the lack of a seal thereto.
THE FIRST FERRY. The next record is that of the granting of a ferry license to Robert C. Kinney to keep a ferry across the Mississippi River, "departing from the town of Bloomington at a point south of the branch immediately north of the old trading house." John S. Abbott became Kinney's security.
Alexander Wolcott McGregor was admitted to practice in this Court.
James Chambers was granted license to keep a ferry across the Mississippi at Salem.
Moses Couch was granted license to keep a ferry across the Mississippi, "departing from a point above and within a half mile of the branch immediately above the old trading-house in Bloomington for one year." John Vanater was his security.
S. C. Hastings was granted a license to keep a ferry across the Mississippi at West Buffalo.
The rates of ferriage were established as follows: For each footman, 18 3/4 cents; each man and horse, 37 1/2 cents; each wagon and two horses, $1; each wagon and yoke of oxen, $1; each additional horse or yoke of oxen, 18 3/4 cents; loose cattle, 12 1/2 cents; sheep, hogs, etc., 6 1/4 cents.
The first appealed. case was entered in the second day's proceedings, being that of James and William W. Chambers vs. Isaac I. Lathrop, appealed from the Justice's Court of Benjamin Nye. Continued to the next term.
FIRST PETIT JURY. The following men formed the first petit jury: John G. Coleman, Samuel C. Comstock, John Holliday, E. N. Thurston. Thomas Burdett, John Hesser, S. S. Lathrop, W. H. Sams, Hamilton Christy, Isaac I. Lathrop, Addison Reynolds. But eleven names are given in the records. The petit jury was allowed one day's pay and mileage; the grand jury was allowed two days' pay and no mileage.
The foregoing completes the business of the first session of Court.
The second term of the Court began May 21, 1838. Judge Irvin on the bench, and W. W. Chapman District Attorney. The term continued one week.
The next session of Court convened under the Territorial laws of Iowa, October 8, 1838, with Judge Joseph Williams on the bench and M. D. Browning, District Attorney. The first grand jury under the new regime was as follows: Norman Fullington, Niles Higgenbothan, Isaac I. Lathrop, John Cobb, John Burge, Lewis Burdett, Jackson Starks, Thomas Burdett, Daniel Edginton, Joseph Morford, Samuel Kinney, Henry Johnson, Henry Reece, Lewis McKee, John Pettibone.
Under the Constitution of 1846, Muscatine County was a part of the Second Judicial District. James Grant, of Scott County, was Judge in 1847; Thomas S. Wilson, of Dubuque County, Judge in 1852. Under the Constitution of 1857, Muscatine County was attached to the Seventh Judicial District. John F. Dillon, of Scott County, Judge in 1858; J. Scott Richman, of Muscatine County, Judge in 1863; W. F. Brannan, of Muscatine County, Judge in 1872, and Walter I. Hayes, of Clinton County, Judge in 1875, and now on the bench.
Since 1858, the office of Prosecuting Attorney has been a district office. Henry O'Connor, of Muscatine County, was chosen in 1858; Lyman A. Ellis, of Clinton County, in 1862, and H. H. Benson, of Muscatine County, in 1879.
CIRCUIT COURT. In 1869, the Circuit court was instituted, because of the growing business of the State. The probate affairs are administered on in this Court, which also has co-ordinate jurisdiction in law and chancery cases with the District Court. Two Circuits were formed of the Seventh Judicial District, with Muscatine and Scott for the Second Circuit. Afterward, the four counties were united, and then again divided as before. The Circuit Judges who have presided in this Circuit are H. H. Benson, 1869; D. W. Ellis, 1873, and D. C. Richman, the present incumbent, 1877.
PROBATE COURT. The first business transacted in the Probate Court of Muscatine Oounty was in the case of Harlow N. Orton, and bears date November 8, 1838. Hon. Arthur Washburn was the Judge presiding. It appears that Orton died intestate, leaving no widow, and that Van Renssalaer Thompkins was appointed administrator of the estate of the deceased. It was discovered that the claims against the estate amounted to $534.43. July 9, 1842, the Court ordered that the administrator be discharged from all further liabilities in the case.
There were two other cases filed during the year 1838, viz.: Estate of Lester Andrews, Benjamin Nye, administrator, letters dated December 1; and estate of Harvey W. Eaton, John M. Kidder, administrator, letters dated December 13.
During 1839, the following cases were filed: January 23, William H. Sams, lunatic; John Vanater and James G. Morrow appointed guardians. Estate of Jonathan Moorehouse, filed March 13; letters of administration granted to Le Grand Moorehouse. Estate of Parson Wright, filed July 9; letters of administration granted to Melinda Wright. Estate of Andrew Smalley, filed August 10; letters of administration granted to Abraham Smalley. Estate of William M. Fell, filed August 31; letters of administration granted to Joseph Manley. Estate of Charles E. Dana, filed September 2; Mary S. B. Dana, administratrix. Estate of John S. Abbott, filed September 10; Adam Ogilvie, administrator. Estate of Samuel Bailey, filed September 18; William F. Dewebber, administrator. Estate of Stockton Briggs, filed September 21; John Briggs, administrator. Estate of Reynolds Wright, filed September 16; the last will and testament of the deceased was that day admitted to probate, being the first will filed in this county. The provisions of the will were that each of the three sons and each of the three daughters receive $1, and that the balance of the estate be bestowed upon the widow, Phebe Wright, who was made executrix. The instrument was dated April 30, 1839, and witnessed by P. B. Harrison, L. Thornton and E. Thornton.
Thus, during the life of the Court prior to 1840, the several classes of business were transacted. The volume of business after 1840 constantly increased.
The Judges of Probate were: 1838, Arthur Washburn; 1840, Henry Reece; 1841, T. S. Parvin; 1846, Pliny Fay; 1847, T. S. Parvin. From 1851 the County Judges discharged the duties of this office. When the Supervisor system came in vogue, the County Judges became solely Judges of Probate as follows: 1851, Arthur Washburn; 1855, George Meason; 1859, Edward H. Thayer; 1862, J. Carskadden; 1864, Henry M. Perkins; 1866, H. H. Benson. In 1869, Judge Benson became Judge of the Circuit Court, to which tribunal the probate business was carried, and is now transacted before.
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