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1890 Biographical and Historical Memoirs of Story County, Iowa

Story Co. Home Page
Page 147 of 460
CHAPTER XIV.

Matters of Legal Note—Personnel Of Numerous Officials—Early Grand Juries—Proceedings—Array Of Talent—Their Personal Characteristics And Peculiarities—The County Bar— Noted Trials—The Lowell Tragedy—History Of The Case—Other Homicides, Etc.—The John J. Bell Defalcation— County Seat Trial.

The good need fear no law;
It is his safety, and the bad man's awe.-Jonson.

WILLIAM McKAY, of Des Moines, was district judge of the Fifth District at the time of the organization of Story County. He was quite prominent in the minds of the pioneers by reason of the noted criminal trial, State vs. Barnabas Lowell, which occurred during his term. He presided at the first court, at which Lowell was indicted for the murder of his wife. He is remembered by those who then knew him as a pleasant gentleman and careful judge.

In April, 1854, Phineas M. Cassady, of Fort Des Moines, was elected judge of the same district, but he resigned soon thereafter, not having held any court in Story County.

In July, 1854, Cave J. McFarland, of Boone County, was appointed by the governor to the vacancy occasioned by the resignation of Judge Cassady. In the following April William W. Williamson was declared elected, but this was contested by Judge McFarland, in whose favor the contest was decided. Judge Williamson held no court in Story County while he held the office.

The incidents of the first term of the district court ever held in Story County, in the summer of 1853, at the home of the county judge, near the east line of Franklin Township, are set out in the account of the trial of Barnabas Lowell for murder. There was little other business done.

The judge who appeared and presided over the second term for the county, and the first term at the new county seat, was C. J. McFarland, of Boone County, who appeared as successor to Judge Cassady, resigned. This term was convened August 14, 1854. It was held in an unfinished log building that had been partly constructed under a contract with a stranger who never appeared to claim it, and was situated near the site of the present post-office. The building was never completed. The logs were sold to J. C. Harris, who removed them to the south part of town and used them in another building.

Page 147 of 460

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