Part 5 (2/2)

Charles Whittlesey was chosen for the senate and Robert G. Roberts for the house. The first county election was held in August, 1839, when three commissioners were selected at Westport--L. M. Strong, Peter McRoberts, and Samuel C. Stewart. This body had the same powers as was later conferred upon the county supervisors. This commission first sat as a body officially September 9, 1839, in the log house of James W.

Willis. Hosea W. Gray was sheriff and acted as clerk of the court until a clerk was duly appointed.

The minutes state:

”The Board proceeded to the appointment of a Clerk.

Thereupon it was ordered that John C. Berry be and is hereby appointed to the office of Clerk of the Board of Linn County Commissioners.

”Ordered. That the county seat of Linn County be and is hereby called and shall hereafter be known and designated by the name of Marion.”

At this session W. H. Smith and Andrew J. McKean were appointed constables for the county. Jonas Martin was appointed road supervisor, his district embracing all the land east of Marion and west of Big creek and east on the Marion and Davenport roads crossing Big creek.

”It was also authorized that as Linn County had no safe place for the keeping of criminals that Sheriff Gray contract with the Sheriff of Muscatine County for the keeping of one Samuel Clews, and that the Sheriff borrow funds to pay for the support and keeping of said Clews while in confinement.”

It seems that the board met monthly and the county was divided into three voting precincts as follows: One at William Abbe's, known as Sugar Grove Precinct, with the following judges: William Abbe, John Cole, and John McAfferty; one at Marion, with James W. Ba.s.sett, Henry Thompson, and Rufus H. Lucore, judges; one at Michael Greene's, with Michael Greene, James c.u.mmings, and Bartimeas McGonigle, judges.

At this time Ross McCloud was appointed county surveyor and was ordered to make the survey of the county seat and report, which he did, and also to lay out additions, which was done. A county jail was also ordered erected in January, 1840, and the contract for the building of the same was let to William Abbe and Asher Edgerton for the sum of $635.00; the first money raised by sale of lots in Marion was applied on the contract for the erection of the jail.

THE FIRST SURVEY

The first survey was made in 1838, being all of Jones county and towns.h.i.+ps 84, 85, and 86 north, in range 5, west, in Linn county. This was made public in the newspapers and many settlers came in, taking the best lands that had been surveyed and squatting on the other land which they knew would soon be open for settlement. Linn Grove was an ideal place, and here in an early day a large number settled. The sale of lands in the county was advertised to take place in January, 1840. On account of the difficulties of transportation, the settlers pet.i.tioned to have the same postponed until the summer of that year, which pet.i.tion was granted. George Greene, who had been a school teacher near Ivanhoe and even at that time was a man of no ordinary ability, was asked to see what could be done in changing the place from Dubuque to Marion. Mr. Greene volunteered to go to Was.h.i.+ngton and lay the matter before congress, or the men in charge of the land department. After some time he succeeded in his mission and won the grateful respect of his fellow pioneers, saving them a great deal of money. Thus, for a time, Marion was a United States land office, and the people of Linn county who had little money to spend could claim their lands without much trouble.

THE FIRST COURT HOUSE IN THE COUNTY

The first court house built in the county was a log structure for the use of the pioneers. This structure was erected during the years 1840 and 1841. As there was no money in the county treasury and as the court house was needed, the settlers donated their labor. They cut the logs, hauled them to Marion, and constructed the building, the roof being of shakes and the floor of puncheons. Among those who helped erect this first seat of justice were James and John Hunter, the Stambaugh brothers, James and Elias Doty, and others. The first case, it is said, tried in this court house was one brought against James Doty for jumping a claim on the west side of the river, adjoining the claim of Robert Ellis, the question being whether or not a man erecting a bark building and claiming the land had complied with the law. The jury was impaneled and a trial had which lasted for some time. When the case went to the jury the judge and all vacated so that the jury could use the small room in arriving at a decision. The jury was out the afternoon and all night, and at ten o'clock the next morning they reported that they were unable to agree. During all this time they had had nothing to eat, and the water they had to drink was very poor. Upon this jury sat James Hunter, one of the first settlers of the county, who was the only stubborn one to hold out in favor of Doty. He used to tell later that he felt that he could never look James Doty in the face if he should consent to such a verdict as the other eleven had framed up against him. The case was tried at a subsequent term when the jury decided in favor of Doty, to the effect that while he was later than the claimant in making his claim he was a _bona fide_ settler with the intention of becoming a permanent settler.

The next court house built in Marion was a frame structure still standing just west of the present brick building, and now used as a hotel. The present brick court house was erected by George W. Gray, the brick superstructure being built by Peter D. Harman, of Bertram, father of Warren Harman, of Cedar Rapids. Much of the carpenter work was done by that old pioneer, recently deceased, William Patterson, father of W.

D. Patterson, of Cedar Rapids.

The first jail was erected in January, 1840, the contract for the building being awarded to William Abbe and Asher Edgerton for $635.00.

The building was finished by May 1st of the same year. The first moneys raised by sale of lands were applied on this contract.

At the July session, 1849, the county was divided into three districts as follows: the towns.h.i.+ps of Was.h.i.+ngton and Fayette composed District No. 1; Franklin and Brown composed District No. 2; and Marion and Putnam District No. 3. At the July session, 1840, the board of commissioners began to discuss the question of towns.h.i.+p organizations.

A vote of the county was ordered at the next election to determine the voice of the people; the election took place in August of that year and resulted in favor of the proposition.

Lists of towns.h.i.+ps are as follows: Marion, Franklin, Was.h.i.+ngton, Fayette, Putnam, and Brown established in 1841; Linn and Rapids, 1843; Otter Creek, 1844; Buffalo and Maine, 1848; Monroe, 1849; Spring Grove, 1853; Clinton, 1854; Jackson, 1855; College, Bertram, Boulder, and Fairfax, 1858; Grant, 1872; and Cedar, 1906.

THE JUDICIARY

The first records of the district court held in Linn county are dated Monday, October 26, 1840, Iowa Territory, Linn county. Pursuant to an act of the legislature of the territory, approved July, 1840, the district court of the United States and also for the Territory of Iowa met at Marion in said county on Monday, October 26, 1840. Present: The Hon. Jos. D. Williams, judge of the second judicial district for the territory; W. G. Woodward, district attorney of the United States for the district of Iowa; R. P. Lowe, prosecuting attorney for the second judicial district; H. W. Gray, sheriff of the county of Linn; S. H.

Tryon, clerk of the district court; Lawrence Maloney for the marshal of the territory.

The following grand jurors were among the best known settlers: Aaron Usher, Samuel Ross, James Leverich, D. W. King, Israel Mitch.e.l.l, W. H.

Chambers, William Donahoo, Dan Curtis, W. T. Gilberts, G. A. Patterson, Isaac Butler, John Goudy, J. A. Gibson, Joe Barnett, Asher Edgerton, William Chambers, O. L. Bolling, Dan J. Doty, and Joseph Warford. As bailiff of the grand jury served Perry Oxley, one of the best known settlers.

The pet.i.t jurors were: D. A. Woodbridge, Isaac Carroll, G. W. Gray, B.

McGonegal, John McCloud, Thomas Goudy, J. W. Willis, John Long, J. W.

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