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1887 History of Story County, Iowa by W. G. Allen

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EARLY COURTS
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prepare for his future happiness, which appeal touched the sympathy of the magistrate and he ordered the prisoner to be committed to the jail of Polk County to await "further orders." (The above occurrence probably took place in 1853, or early in 1854. But the writer hereof was well acquainted with Mr. J. P. Robinson, and thinks the above "sentence" by the Squire was made on him for a bore.)

The second term of court convened August 14, 1854, the officers of the court being the same as at the first term, excepting that the Hon. C. J. McFarland had been appointed Judge to fill the vacancy caused by the resignation of Judge McKay. It is said on good authority that the first appearance of the Judge in the county was made with a jug of whisky, shot-gun and two setter dogs. It is certain, at all events, that these were his companions at subsequent terms of the same court when seen by the writer hereof. The principal qualifications of Judge McFarland were that he was a good judge of whisky, could spin a good yarn, enjoy a good laugh, and fight his way through. This term of court was held in the log building which belonged to J. C. Harris, and was situated on lot 11, block 12, of the town of Nevada. The Grand Jury repaired to the log stable of the Nevada HOUSE, then kept by J. H. McLain, to deliberate. It is said that a span of mules were standing in the stable at the time and kicked Mr. Heistand, who was serving on the jury. The first civil cause that appears on 'the calendar of the court was at this term, and was entitled Jenneous Wilkinson vs. Michael Hughes. There were two civil causes on the docket and one criminal cause, that of the State of Iowa vs. Jas. P. Kinney. The attorneys in attendance on the court were John F. HOUSE, D. O. Finch, M. M. Crocker, Jas. S. Wood, known as "Old Timber Wood," John A. Hull, Wm. L. Barge, and Cornelius Beal. This term of court, as were all of Judge McFarland's courts, was spent in drinking whisky, playing cards and hunting, more of which may be related hereafter. The Judge had a happy faculty of pressing men into the service to get the drinks, as he termed it, which was usually as follows: He would select his man, always a liberal-hearted farmer, and have an attorney make a motion for his admission to practice as an attorney of the court. The Judge would appoint a committee to examine the applicant. The qualifications were to furnish the whisky; when that was done the committee would report favorably, and the party would be sworn in as an attorney of the court. But if he refused he would be reprimanded by the Judge for contempt of court. In this way Wm. H. James, Samuel Davidson, Eli H. French, Franklin Thompson and S. P. O'Brian, all farmers of medium capacity, were admitted to practice as attorneys of the court, none of whom ever attempted to practice. There being no other professional attorney in the county, Eli H. French was elected Prosecuting Attorney, but never tried a cause. The third term of court convened at Nevada on the fifth of May, 1856; Judge, C. J. McFarland; Clerk, E. G. Day; Sheriff; John J. Zenor; Deputy

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