Part 6 (1/2)

Margrove, Ira Simmons, John Crow, Joe Carroway, Steve Osborn, H. B.

Mason, O. R. Gregory, John Nation, Thomas Maxwell, and George Yiesly.

One of the early cases of record is that of A. Moriarty vs. N. G.

Niece. One of the early jury trials was that of H. C. Dill vs. John Barnett: one of the first criminal cases was that of Territory vs. W.

K. Farnsworth, indicted for starting a prairie fire; the jury returned a verdict of ”not guilty.”

The probate docket is a very small volume but is filled with entries of much historical interest concerning the old citizens of the territory.

Among a number of entries can be found the following: In the estate of A. Coles, claim filed and allowed November 8, 1842; in the estate of Thomas Gray, claims allowed in 1844; in the estate of J. Barnett, claims allowed in 1843 in favor of Israel Mitch.e.l.l in the amount of $4.50; in the estate of John Crow, claims allowed 1842, as well as against the estate of Elias Doty, administered upon in 1843 by M. J.

Doty and Jos. Crain, administrators. The estate of A. L. Ely takes up a number of pages.

The first default case seems to be listed for the October term, 1840, that of James D. Stockton vs. Stephen Osborn, et al, the claim being a.s.signed by John O. Gray to plaintiff. The next case was that of Thomas W. Campbell and Perry Oxley vs. John Barnett, which was a transcript from J. G. Cole, a justice of the peace. R. P. Lowe acted as district attorney, while Isaac Butler was foreman of the grand jury.

The first entry made by a native of a foreign country to become a citizen of the United States was made by Peter Garron, stating that he was then a resident of Linn county and that he was formerly a subject of Scotland of the United Kingdom of England and Ireland, and that it was his intention to renounce allegiance to Queen Victoria and become a faithful citizen of the United States.

The first divorce action was brought by Dyer Usher against Mary Usher at the October term, 1842, but it seems that the notice of publication was not served as ordered and no decree was granted.

The first decree of divorce granted was that on the pet.i.tion of Mrs.

Parthena C. Hewitt vs. Abraham Hewitt, rendered at the March term, 1844.

CIRCUIT COURT

Pursuant to an act of the legislature of Iowa, approved April 3, 1868, the county of Linn became part of the second circuit of the eighth judicial district, the circuit consisting of Cedar, Linn, and Jones counties, Hon. S. Yates, of Cedar, being elected judge.

The first term was held at Marion January, 1869, when W. G. Thompson appeared as prosecuting attorney and A. J. McKean as clerk.

The legislature in a few years changed the boundaries of this circuit, making it composed of Cedar, Linn, Johnson, Jones, Iowa, Tama, and Benton counties. It was known as the eighth district of the circuit and district courts. John McKean was judge of the circuit court and John Shane, of Vinton, judge of the district court.

By an act of the legislature the circuit court was abolished and Linn county was incorporated into a district composed of Linn, Cedar, and Jones counties with three judges.

NOTED AND EXCITING TRIALS

Linn county has had its share of noted trials, and many are the pages which may be gleaned from its musty records to show how treachery, cowardice, and selfishness have here, as in many other places, played their parts. It is not best to uncover many of these pages, as it would perhaps add nothing to the general information or be of any value except as historical relics of a former age.

One of the first murder cases in the county, at least as far as known, was that of Nathan Carnagy who was brutally a.s.saulted by James Reed in Marion in 1847. Reed had been drinking heavily and got into a quarrel with Carnagy about some old trouble. Reed was arrested, tried before a jury, and acquitted.

Another case was that of the killing of Pat O'Connell by Samuel Butler in 1865, the affair growing out of a dispute over some property interests. The parties met on a public highway, a quarrel ensued with disastrous results. The jury in this case also returned a verdict of ”not guilty.”

[Ill.u.s.tration: FIRST PRESBYTERIAN CHURCH, CEDAR RAPIDS, COMPLETED IN 1851]

[Ill.u.s.tration: RESIDENCE OF WILLISTON JONES, WHERE COE COLLEGE WAS BORN FROM CARROLL'S HISTORY]

John Akers was murdered in a saloon in Cedar Rapids in 1864 by one Decklots; the jury returned a verdict of ”guilty.” This sad affair was due to liquor, both parties being more or less under its influence at the time the quarrel began.

There are a number of murder cases of an appalling nature on record; sometimes a conviction and sometimes an acquittal resulted.

On the civil side of the calendar can be found many cases attracting attention, sometimes on account of the charges made, at other times on account of the large amounts of money involved. In this forum magnificent addresses were heard, and no lawyer practicing at the Linn county bar was ever a miser of his eccentricities, whatever they might have been. Most of them had the thread of the attorney in their nature and took to oratory like a duck to water, and most of them in these early pioneer days went in to win the jury at all hazards, possessing the power to stir the heart and to make their personality felt.

THE ERA OF THE OUTLAW

Along the American frontier were always found the outlaws; sometimes they outnumbered the honest settler and sometimes not, depending more or less upon conditions. Outlaws preferred to hover on the frontier where courts of justice were unknown and where the sons of toil, busy with making a living, had no time to defend themselves against outlawry. Some of these outlaws had committed theft and robbery and were living upon this borderland of civilization, knowing that it would be perfectly safe under a.s.sumed names. Others came here for the special purpose, knowing it was easier to make a living by theft than by honest toil. Thus, the Linn county frontier at an early date was infested with this cla.s.s of people, and for a number of years the rights of the people had to be protected by a.s.sociations organized for this purpose, and made up of the best cla.s.s in the community, until such a time as law and order could be enforced by decrees of court and by penitentiary sentences.