History of Linn County Iowa Part 39

[Ill.u.s.tration: MAIN STREET, LISBON]

LINN COUNTY JUSTICES

In pioneer days the towns.h.i.+p justice played an important part in the growth and progress of the community. He acted as the safe counsellor and the family adviser. He drew up all sorts of legal papers, settled strifes, legalized marriages. It was in the justice court that the new lawyer would show off his ability. It was an age when "wit and whiskey were the princ.i.p.al things at the bar," and the early lawyers by nature possessed the one and frequently partook of the other.

Before these country tribunals these young fellows at the bar were not miserly of their eccentricities by any means. The justice courts in olden times were held under the oaks in summer and in blacksmith shops and grist mills in colder weather, and here when law was not made, the politics and gossip of the day were often discussed. The justice was always a leader in his community, and he led in many ways. The story frequently went "as goes the justice so goes the towns.h.i.+p." The voter placed faith in the judgment of the justice and he ruled the community sometimes with an iron hand. However, the dictatorial justice soon lost caste and some one else would be chosen at the next election. Much good work was done by the frontier justice as peace maker, for often where quarrels arose involving a whole neighborhood he would fix it up in some way, a.s.serting with all the powers at his command that "it was a dirty suit" which must be settled.

They were as a rule men of character and of influence, and fearless when it came to dealing out justice to offenders and those who openly violated the law. Of course they were backed by the st.u.r.dy farming population who could be depended upon to stand up for the rules as laid down by the justice.

Many stories may be told at the expense of the country justice. It is related of an old New Englander in Monroe towns.h.i.+p that when a case came before him as to certain offenses and the attorney for the defendant saw that the feelings of the justice were against him he made a motion that the guilt or innocence of the victim be put to a vote of the house. While he thought this was a little strange, still his sense of justice and his New England training a.s.serted itself and the crowd voted that the party should go free, against the protest of the attorney for the state.

Dr. J. H. Camburn was an able justice. The way he would take things in hand and decide matters were worth going a distance to see and hear.

Dr. Camburn was decidedly practical and had good sense. It is said that John Weare made a better justice than Dave King, for King had friends at times whom he wanted to help while Weare had no friends.

Justice Snyder, of Putnam towns.h.i.+p, sentenced a poor fellow at one time to the penitentiary for stealing a bee tree when a tree of that kind and a whole acre of land on which it grew would not be worth more than $5.00. The constable marched the poor fellow across the country to the sheriff's office, awaiting further instructions. The sheriff sent the constable home and told the prisoner to go home, as the justice had exceeded his authority. The scare at least made the poor fellow forever afterwards an ideal citizen and the justice always thought that he had done a good job after all even though he had exceeded his authority.

Many of the fathers and grandfathers of the present generation look back with pride upon the work accomplished by their ancestors who held down the justice's office in some of the towns.h.i.+ps of the county. Who does not remember such names as J. G. Cole, Isaac Butler, Bob Hodgin, Ed Crow, William Abbe, Burnett, Coquillette, Knickerbocker, L. L.

Davis, Israel Mitch.e.l.l, Wm. Ure, R. M. Gunnison, Wm. Cooper, J. S.

Anderson, John Stewart, C. W. Phelps, Aaron Mohr, Thos. Goudy, J. M.

Afftery, J. W. Babbitt, W. H. Hunter, H. B. Burnapp, J. Shearer, Geo.

Greene, and scores of others.

[Ill.u.s.tration: AFTER THE SAC AND FOX CESSION OF 1837 (map)]

[Ill.u.s.tration: LATE DIVISION OF THE BLACK HAWK PURCHASE (map)]

These frontier justices were many of them men of culture and education, such as Mitch.e.l.l and Judge Greene. Many of them were shrewd, as Wm.

Ure, Gunnison, Butler, Nugent and many others. These men saw into schemes which were frequently played upon men of the community and woe unto the man who got caught in such a game in the new community where all stood by the justice and the justice's rule was the supreme law in those days. But the country justice, whatever his ability, always decided on the side of justice and mercy.

The country justice was a self made man of sound judgment and by fair dealings was the arbiter of the fortunes of the county in an early day.

He is worthy of mention as a type of the pioneer who took an active interest in the upbuilding of the county and in preserving order and enforcing law.

The following items show the importance of the justices in "ye olden time." These were found by a member of the S. H. Tryon family and presented to the Linn County Historical Society.

Linn County, Iowa Territory,

To any Justice of the Peace for Linn County, or minister of the Gospel, These in the name of the United States are to authorize you to join in matrimony Mr. James Hunter and Miss Mary Rogers and fail not to make due return. March 10, 1840.

S. H. Tryon. C. D. C.

Executed by the undersigned on the 14th day of March, 1840.

Israel Mitch.e.l.l, J. P.

Iowa Territory, Linn County,

To any Justice of the Peace or Minister of the Gospel in the name of the United States of America, These are to authorize you to join in matrimony Mr. Joseph Barnett and Miss Mary Libo.

Given under my hand and seal of office this 20th day of June, 1840.

S. H. Tryon, (seal) District Clerk.

Territory of Iowa, Linn County,

To any Justice of the Peace or Minister of the Gospel in the name of the United States of America; these are to authorize you to join in matrimony Mr. Henry Donahoo and Miss Sarah Ann Burgess.

Given under the temporary seal of said County.

S. H. Tryon, Clerk C. C., L. C., I. T.

C. W. Phelps, Justice of the Peace, married David Mann and Sally Lewis April 16, 1842, William Adair and Sabrina Williams on the 17th day of December, 1840, George Adair and Elizabeth Ellen Smith on the 6th day of January, 1841, and Mr. John Leverich and Miss Lucy Ann Smith on the 25th day of February, 1841.

John Stewart, Justice of the Peace, married James R. Briney and Mary Stamberg on the 10th day of March, 1841; and married Mr. Andrew Arnett and Miss Jane Johnson on the 8th day of June, 1841.

Aaron Moher, Justice of the Peace, on the 4th day of July, 1841, married John Dwyer and Miss Minerva Plant.

John G. Cole, Justice of the Peace, married David Hunter and Sarah Jane Rogers on the 23rd day of July, 1840.

[Ill.u.s.tration: PRESBYTERIAN CHURCH AT SPRINGVILLE]

[Ill.u.s.tration: THE BUTLER FARM AT SPRINGVILLE]

William Abbe, Justice of the Peace, on the 10th day of June, 1840, married Mr. Asher Edgerton and Miss Julia Deale.

John Cron, Justice of the Peace, married Mr. Aaron Haynes and Miss Sally Mann, on the 21st day of July, 1840.

Thomas Goudy, Justice of the Peace, on the 3rd day of November, 1840, married Hosea W. Gray and Miss Nancy Smith.

Jno. Hoddes, a Minister of the Gospel, married Mr. John Riley and Miss Mary Ellen Bigger on the 22nd day of July, 1841.

J. P. Stuart, a Minister of the Gospel, married Mr. Robert Cunningham s.h.i.+nn and Miss Martha Marcissa Willis on the 8th day of September, 1840.

John M. Afferty, Justice of the Peace, married Elisha Freeman Williams and Julian Clark on the 4th day of July, 1840.

James W. Bapitt, Justice of the Peace, married Mr. Mark Morris and Julia Ann Carpenter on the 4th day of July, 1840; he also married Frederick Grambow and Miss Martha Harris on the 1st day of September, 1840.

Israel Mitch.e.l.l, Justice of the Peace, married Mr. James Hunter and Miss Mary Rogers on the 14th day of March, 1840; he also married Mr.

Joseph Barnett and Miss Mary Libo on the 21st day of June, 1840; also Mr. Henry Donahoo and Miss Sarah Ann Rogers were married by the same party on the 2nd day of August, 1840.

The above named clerk who issued the licenses was Dr. Socrates H.

Tryon, who was appointed clerk of the Third Judicial District of which Joseph Williams was judge. He was also the first physician to locate within the boundaries of Linn county.

George Greene acted as deputy clerk during the year 1841, and he issued also several licenses to marry well known Linn county people, some of whom were: Sarah Rogers to Wiley Fitz during January, 1841, and Mary Stambaugh to James R. Briney in March, of the same year.

On March 2, 1841, Sally Hanes makes a sale of one red cow, two sows and eight shoats for $20.00 to Jacob Mann, which fact is attested to by Isaac Butler and that the goods were delivered in person and money paid.

In Otter Creek towns.h.i.+p before W. H. Hunts, J. P., on August 30, 1852, the following case was docketed: "State of Iowa vs. Orin Draper, Felony," charged by William Garretson, attempted to poison his family and himself; that he is in fear of the defendant and dare not leave his home and follow his occupation. That William Cress duly brought the defendant into Court; that defendant denied that he was guilty and asked for trial. J. Hunt appeared for the State; defendant pleaded his own case; that after examination of witnesses separately and arguments made, the testimony all being understood by the court, thereupon it is considered that defendant go free without day or date.