Imágenes de páginas
PDF
EPUB

jokers. Cases were few and fees were small, and when the attorneys could not entertain themselves in work pertaining to their profession they sought to divert themselves in other ways.

The county being new, lawyers were not very abundant, and so it was customary for nearly all the attorneys of the district to accompany the judge from place to place where court was held and pick up clients when and where they could. This practice was not very remunerative, but it has its bright side, nevertheless. "The boys didn't make much money," a veteran lawyer tells us, "but they had lots of fun."

A good story is told of a prank played by the attorneys in the district north of this, about the year 1850 or 1851. The judge for that district was Williams. quite a character in his way, but withal an excellent judge and one learned in the law. He combined the legal acumen of Lord Coke with the proportions of Falstaff and the tendency to abjurgation of a trooper of the army in Flanders. To speak alliteratively, he was profound, prodigious. and profane. The lawyers of his court were constantly annoying him and he was condemning them and fining them for contempt. Yet Judge Williams was a kind man at heart, and many is the good deed set down to his credit in the book of the recording angel.

On one occasion the Judge and his retinue of lawyers set out on horseback from the county seat of Grundy county for Eldora, the capital of Hardin county. On the way the judge grew athirst and as they neared the Iowa river was reminded by one of the lawyers, informed as to the facts, that about half a mile from the road an Irishman kept whisky for sale in his cabin. Leaving the party, his honor went in quest of the enlivening fluid for which he had an enthusiastic fondness. The attorneys

rode on and soon reached the banks of the Iowa. A light rain had fallen the evening and morning preceding, and the stream was muddy, turbid, and to all appearance deep. One of the party made a reconnoissance, however, and found that at the worst the water was only "mid-sides,” and the party, laughing at their first apprehensions, were soon on the west bank of the river safe, sound and dry, and then halted to wait for the judge.

At once the idea of a joke on his worship occurred to the waggish barristers, and they proceeded to carry it out. They hastily denuded themselves, some of coats, some of boots and some of other articles of apparel; and when the judge arrived on the opposite bank-which was in a few minutes they presented all the appearance of men who had just disrobed and who— were now re-clothing themselves. The judge took in the situation at once (?) and was further informed by the lawyers that if he wanted to reach town in a dry suit he must strip off all his clothes, put them in his

saddle-bags and with the latter about his neck swim the raging current! The profanity that followed was fearful. His honor anathematized the weather, the stream, the county commissioners, the attorneys, (of course,) -everything-until the air was almost blue and the atmosphere smelled of sulphur. He would remove an article of clothing, and then shake his fist at the irreverent wags across the river, who were visibly enjoying the spectacle immensely, and objurgate. At last he stood forth, in puribus naturalibus, a “man of unbounded stomach" and of wrath. The spectacle can only be imagined; it can never be described! Mounting his steed he timidly ventured into the stream, appealing to the frantic attorneys to watch him carefully and come to his assistance if necessary. He had proceeded but a few feet when the real condition of affairs became apparent, for, in addition to the suspicious, or auspicious circumstance of the shallowness of the water, the lawyers hurriedly bestrode their horses, and as hurriedly galloped away.

It is needless to say that his honor made the passage in safety. He also reached the hotel at Eldora in safety, and when he confronted those attorneys in the little bar-room-but let us draw a veil!

JUDICIAL DISTRICTS AND JUDGES.

Mills county has been subjected to the usual number of changes relative to its judicial position. Under the constitution of 1846 the district to which it was attached had no existence until February, 1851, when the sixth district was created. As originally composed, the district included the counties of Adair, Adams, Audubon, Buena Vista, Buncombe (now Lyon), Carroll, Cherokee, Clay, Crawford, Dickinson, Harrison, Ida, Page, Mills, Monona, Montgomery, O'Brien, Osceola. Plymouth, Pottawattamie, Ringgold, Sac, Shelby, Sioux, Taylor, Union and Waukon, (now Woodbury).

On September 2, 1857, Mills county was taken from the seventh and added to the sixth district by a special provision of the constitution. The seventh district was created February 9, 1853, and of this Mills county was considered a part, though it was unconnected formally with any district until September 2, 1857, when it was attached, as above noted, to the sixth. At the time of the adoption of the new constitution in 1857, the sixth district was composed of the counties of Adair, Adams, Fremont, Mills, Montgomery, Page and Taylor. This arrangement was modified under the new constitution, and Mills, together with Crawford, Carroll, Greene, Shelby, Audubon, Pottawattamie, Cass and Fremont

counties formed the thirteenth judicial district. The change was made in accordance with article five, section ten, of the new constitution, which re-organized the judicial districts so that they numbered but eleven, but provided for a change in the boundaries thereof "every four years thereafter, if necessary, and at no other time."

Under the constitution of 1846, the district judges were James Sloan, elected April 7, 1851, resigned March 9, 1852; A. A. Bradford, appointed by the governor May 4, 1852, qualified May 24, elected by the people April 4, 1853, and who subsequently resigned; E. H. Sears, appointed January 9, 1855, qualified February 1, elected by the people April 2. By the constitution of 1858 Mills became a part of the third district. Hon. E. H. Sears was the first judge of the new district, having been elected at the October election, 1858. He was succeeded by James G. Day, elected October 14, 1862, and re-elected October 9, 1866. In March 1870, he resigned, to be followed by Hon. J. W. McDill,* who was appointed to fill the vacancy, until the following October, when he was elected by the people. He resigned in 1872, having received the nomination of the republican party for congressional honors. Judge J. R. Reid, of Council Bluffs, was appointed to fill the vacancy occasioned by the resignation of Judge McDill, and has since been the incumbent. These gentlemen have all served their constituency with singular ability and success, They have added honor to the official records of the county, and maintained the high standing of its judicial relations.

THE FIRST CIRCUIT COURT.

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 cir

* Now U. S. Senator.

+Chapter 86, sec. 24. "The district judge of each judicial district shall, on or before the first day of December, 1868, designate, by an order under his hand, the times for holding the terms of the circuit court in each circuit in his district for the year 1869, which order shall be filed with the clerk of the court, in each county of the circuit. And thereafter each general term shall at the last term held for the year 1869, and every alternate year thereafter, designate by an order under their hands, the time for holding the terms of each circuit in the district for the two years next ensuing, which order shall be filed with the several clerks of each circuit."

cuit 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 licenзe, 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 as 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 be 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 metalic 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 л. M.

Court met pursuant to adjournment. Present, same as yesterday. The court this day was occupied with probate business, and at 3 o'clock P. M.; 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 intoxi. cating 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 postoffice 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

« AnteriorContinuar »