Transcribed by Kate Connerth and submitted to
the IAGenWeb Project on October 12th, 1997.
Copyright © 1997 by Kate Connerth.
THE FIRST COURT The first term of the District Court was appointed to be held at the house of Thomas Way, about two miles northeast of the present Court House, on the last Monday in August, 1846. It is said that Way's log cabin was then the best house in the county, and was selected as Court House for that reason. Grand and petit jurors were summoned, and on the day appointed James Downs, Sheriff, and Jonathan R. Pratt, Clerk of the Court, with eighteen grand and seventeen petit jurors, assembled at the house of Thomas Way; but, for some reason not now apparent, the Judge, Carleton, did not put in an appearance, and the Clerk proclaimed an adjournment until the next day. On the second day the Judge was still absent, the Clerk adjourned the court without day, and the assembled settlers dispersed to their homes disappointed that the "show did not come off."
By an act of the first General Assembly of the State of Iowa, approved Feb. 17, 1847, it was provided that "the District Court in and for the county of Benton shall be held at such place within said county as the County Commissioners may direct." The county had a seat of justice, but there was no Court House or any other house there; and, presumably, the County Commissioners directed court to be held at the house of Thomas Way; for on the 31st day of May, 1847, court was opened there for the first time in Benton County. Present, Hon. James P. Carleton, Judge of the District Court; James Downs, Sheriff; James Mitchell, Prosecuting Attorney, and Irwin D. Simison, Clerk of the District Court. Way's cabin was in the midst of thick timber, and to make room for the august assemblage, Mrs. Way removed her pots, kettles and other household utensils to the shelter of a neighboring tree. Having done this, she coolly seated herself on a stump near the open door of the cabin, and gazed with respecful wonder at the collection of learned heads assembled within to administer the law to the backwoodsmen of Benton County. The judge was perched on a three-legged stool, behind a rough deal table (the only one in the house) at the farther end of the little room. At the left of His Honor, seated on a low mill-bench, with his books and papers spread out before him, was Simison, the Clerk. There were also present, Norman W. Isbell (subsequently Judge of the Supreme Court), Isaac N. Preston, John David, D.P. Palmer, John P. Cook and Stephen Whicher, members of the bar from other counties. Benton County had no lawyer then.
The court was formally opened by the Sheriff, and dispatched business with a rapidity that would startle some more modern courts.
The grand jury summoned was sworn, as follows: Fielding Bryson, James Harmely, Joseph Remington, John Bryson, Charles Graham, Stephen Brody, Jesse Brody, Josiah Helm, David Jewell, William Mitchell, Samuel M. Lockhart, James Polly, Chauncy Leverich, Anderson Amos, James M. Denison, Joseph Bryson, Lyman D. Bordwell and Samuel Stephens. Samuel M. Lockhart was appointed foreman of the Jury, which, after being duly charged, retired to the timber to deliberate, in charge of Beal Dorsey, Bailiff.
The first case of entry is the State of Iowa vs. Joel Leverich, for passing counterfeit money, which appears to have been transferred from Linn County on change of venue. Leverich was a member of the band of outlaws that infested this region at the time, and he probably thought that he could get a good jury in Benton County. The case was continued to the next term, however, and Ambrose Harland, Elijah Evans, Adason Daniels, Lowell Daniels, Nathaniel Chapman, Isaac D. Worrall and John Perkins were held in $50 each to appear as witnesses. The accused was not present, and a capias was issued to the Sherriff of Linn County for his arrest, returnable at next term of court.
Another indictment against Joel Leverich for having in possession counterfeiting instruments, was disposed of similarly.
On the second day of the term, the case of Samuel Finley vs. William Sturgis (of Black Hawk County), assumpsit, damage $100, which was the first civil case entered, was withdrawn by the plaintiff, having been amicably settled by the parties.
June 1st, the second day of the term, William Smyth (afterward presiding Judge for the same court) was hanging around the door of the court cabin, waiting for admission to the bar. the court appointed Messrs. Preston, David, Isbell and Palmer a committee to forthwith examine the said Smyth as to his proficiency in the law, with instructions to report the result. The committee with Smyth in charge, retired to the timber to discuss matters and things in general, and incidentally their duty-Smyth's legal knowledge, etc. Allowing a proper time to elapse, the committee, arm in arm with Smyth, returned into court and reported, whereupon William Smyth was duly sworn and admitted to practice in the courts of Iowa. Smyth remembered what was expected of him when court adjourned.
James Mitchell, Prosecuting Attorney, made application for admission to the bar, and Mcssrs. Preston, Palmer, Isbell and David were appointed to examine him. They reported that the legal attainments of the applicant were not such as to warrant his admission, and his application was denied.
Immediately afterward, Stephen Holcomb asked to leave to file information in the nature of a quo warranto against James Mitchell for intruding into the office of Prosecuting Attorney; leave was granted; the necessary papers were issued and served. Mitchell was summoned and appeared before the court by himself and by his attorney, I.M. Preston. The relator, Holcomb, appeared by Palmer & Isbell, his attorneys. Both parties waived a jury, and after a hearing, the court held that Mitchell was guilty, as charged, of intruding into the office of Prosecuting Attorney, and that he, the said Mitchell, should be ousted there-from. But, Holcomb, who expected to succeed the ousted officer, was disappointed, for, while he recovered his costs-taxed at $1.87 1/2- the court held that the relator was not entitled to the office, and appointed I.M. Preston to fill the vacancy.
The court adjourned Jan. 1, 1847, having been in session two days, and Mrs. Way resumed sway over her natural domain.
At the time designated for the September term, John Royal* was Sheriff, and Irwin D. Simison, Clerk, and were in attendance, but the Judge did not appear, and the court adjourned sine die. After the adjournment, the inevitable jug was produced, the contents of which soon disappeared, and of the assembled crow, many of them became very drunk.
* John Royal is said to have been the embodiment of the term ""a hale fellow well met, " his funny bump being exceedingly large. This craving for amusement often led him to spend hours together in the bar-room, where 'frolic ran riot,' much to the discomfort of his good wife, who, after trying everything she could think of to break him of this habit, at last hit upon the following plan: C.C. Charles opened a saloon on the north side of the public square, in 1851. This became Royal's resort. One day, in company with her old friend, L.D. Bordwell, Mrs. Royal suddenly stepped into the saloon, and advanced to the counter on which the old Sheriff was perched, vigorously sawing discordant music from an aged and delapidated fiddle. On discovering the visitors, his face presented a startling picture of amazement, shame and consternation, which first expression disappeared and lent its force to the remaining two, as his wife exclaimed, "Bring on the whisky, Mr. Charles! I tell you I am going to have a spree. If there is any enjoyment in this way of doing, I am going to participate. Gentlemen, walk up and drink. This is fine, ain't it?" "Huzzah! huzzah for the old Musquaka Chief, or any other man. Come up, Johnny, my dear, let us have another drink!" "Huzzah! for the Sheriff of Benton County, for him and his wife are both on a bender. Oh, this is nice!" Royal could stand it no longer. He dropped the old violin, and with sadness in his very motion, took his wife gently by the hand; and with voice full of tenderness, said "Catherine, let us go home. This is no place for as good a woman as you are, let us go home, and I will stay with you hereafter." And he kept his word. He was an efficient officer, and respected by all.