And it is further ordered that the following named persons be summoned to serve as petit grand jurors at the July term of the district court, to be holden at the town of Glenwood, on the 19th day of July, A. D. 1852, as follows, to-wit West Liberty township—John Chandler, Elijah Ballou, George Micklewait and Solomon Cox. Platteville township--Jefferson Martin, James O'Neil, David Moody and David Diffi baugh. Rawles Township-P. A. Hooper, Jonathan Kerns, Luke Rawson and L. Anthony. Council Bluffs township-James Blair. Silver Creek township--L. J. Hull and A. B. Bickmore. THE DISTRICT COURTS. The first district court held in the county was by Judge James Sloan,* elected April 7, 1821. The court convened in October of that year at Coonville, (now Glenwood). There was then no court house in which to transact the legal business of the county so recourse was had to private dwellings or even to stores. For some unknown reason—perhaps the religious faith of Judge Sloan, who was a Mormon--a great hostility had been originated toward him, and when he came to convene court it was declared he should not proceed. The store house in which court had usually been held being denied his honor, Mr. J. W. Coolidge offered his store to the judge and the attorneys, which offer was accepted and the court was *Judge Sloan was a native of Ireland, and had been admitted to the bar but the year previous to his election. On the records of the first term of the district court of Fremont county, which then belonged to the fifth judicial district and over which William McKay presided, appears the following: "James Sloan produces in court his declaration of his intention to become a citizen of the United States of America, and also produced satisfactory evidence to the court that said James Sloan has resided in the United States for more than five years, and within the state of Iowa for more than one year last passed, and it further appearing to the satisfaction of the court that during that time he has behaved as a man of good moral character, attached to the principles of the constitution of the United States, and well disposed to the good order and happiness of the same. Thereopon the said James Sloan came into open court, and was duly sworn to support the constitution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state or sovereignty whatsoever, and particularly, Queen of Victoria, present Queen of Great Britain and Ireland, whereof he was before a subject. Now at this time comes James Sloan and produces in court a license from the supreme court of the state of Iowa, to practice as an attorney and counselor at law, whereupon the said James Sloan came into open court, and was duly sworn to support the constitution of the state of Iowa, and that he would faithfully demean himself as an attorney and counselor at law to the best of his abilities." duly convened. When the judge and the court attaches reached the point of opening the session, threats, both loud and numerous, were made, and declarations were rife that he should not open court. He calmly but firmly insisted, and ordered the sheriff, James Hardy, to proclaim the court in session, which that official at once proceeded to do. Immediately thereafter Judge Sloan adjourned the court, and thus ended the first session.* There are no records but one of the district court in existence from the time of the first holding until the October term, 1853. The single document, or record, alluded to has reference to the first case of divorce in the county, and is the following: To the Honorable District Court of Mills County: Your Petisioner Samuel Martin by his Solisitor A. C. Ford humbly represents that on the twenty ninth day of March A. D. 1837 in the State of Illinois in the County of Sangimon your Petisioner inter married with one Mary Bragg whome your Petisioner pray may be made a party Defendant to this his bill of complaint and that your petisioner with the Defendant subsequently Moved to this State and while your Petisioner lived with the defendant as man and wife that they had born unto them three children (to witt) Susan Ann Martin, William J. Martin, and John A. Martin and that on the tenth day of September last past the defendant wilfully and without cause or provocation deserted your petisioner and also that the said defendant did at several times while living with your Petisioner commit the crime of adultery and your Petisioner also represents that he was and is and has been for the last six months a resident of this state and that this aplication is not made through fear or restraint or out of any levity but in sincerity and truth and for the causes set forth in this his bill of Complaint your Petisioner humbly asks the court in view of the premises herein spesefied that the said marriage may be dissolved and a Decree of Divorce adjudged and that the guardianship of said Susan Ann Martin William J. Martin and John A. Martin may be adjudged and Decreed to your petisioner states that the foregoing complaint is true and pray the judgment of this court and that the said Marriage be desolved and a Divorce Decreed in accordance with the Code in such cases made and provided. SAMUEL MARTIN. Sworn to and subscribed before me this 31st day of october A. D. 1851. W. W. NOYES, Clerk. *Tradition awards to James Sloan's court the usual amount of "backwoods "incidents. It is related of him that a very modest member of the bar politely attempted to enlighten his understanding upon some statutory provision, opening the code and offering to read therefrom, when to his chagrin and mortification, he was met by the stern rebuke of his honor-"Sit down sir, down to h-1 with your cud, the court has the law in its head." There is a great difference of opinion among those who knew Judge Sloan as to his ability and fitness for the judicial bench. At all events he was illiterate, though prompt and decisive in rendering his judgments. The suit was continued, and finally adjusted by the granting of the decree to the petitioner in the October term, 1853. In that year occurs the first entry in the court minute book or record, the petition just quoted having been obtained from the "valuable box in the cellar." District Court, Mills county, October term, 1853. At an adjourned term of the district court of said county begun and held at Glenwood, on the 17th day of October, A, D. 1853, pursuant to notice given in accordance with the code of Iowa, there were present. Hor. Samuel H. Riddle, judge; Wm. Snuffin, clerk; George Hepner, prosecuting attorney, and John Haynie, sheriff, when the following proceedings were had and done, viz: On motion of A. C. Ford it is ordered that D. W. Price be and is hereby enrolled as an attorney and counsellor in this court. On motion of H. P. Bennett, Mr. Geo. Hepner was appointed prosecuting attorney, pro tem. The court was then adjourned until half past one o'clock P. M. Court was opened again pursuant to adjournment and the sheriff ordered to summons fifteen grand jurors. The case of State of Iowa against Wheatley Mickelwait, was called, and adjourned till to-morrow. The sheriff returned into court with the following grand jurors, viz: John B. Wilson, Philip Miller, Jesse A. Painter, H. P. Allison, Wm. Davis, C. W. Tolles, jr., J.W. Coolidge. Thompson Blair, Wm. Jessup, Edward Gilliland, W. W. Greene, Stephen Miles, James L. Shields, A. McAlpine and James L. Burger, of which Joseph W. Coolidge was appointed foreman of the court, who, together with his fellows, being duly sworn and empanneled, having received their charge from the court retired to consider the presentments and indict ments. James B. McCabe and Henry Hull being summoned on the grand jury, did not appear and by order of the court an attachment was issued for said persons to the sheriff. Said sheriff returned into court with said defendants. The said James B. McCabe and Henry Hull being duly sworn and questioned by the court, the court acquitted James B. McCabe, by paying costs, and Henry Hull was fined one dollar and costs. The court then ordered an adjournment until 9 o'clock to-morrow morning. Judge Seventh Judicial District of Iowa. The first case of this session of the district court was a case of replevin, and was that of Simpson Snow vs. Monroe Holloway, which was continued. The first indictment returned was for assault and battery, the case being that of State of Iowa vs. Wheatley Mickelwait, which was dismissed on motion of counsel for defendant. The same personage again figures as one against whom the second indictment recorded appears. He was indicted for selling intoxicating liquor. When the case came on for a hearing the defense "moved to set aside,” which was not sustained. A demurrer was then filed, but the demurrer was overruled. Leave was given the defense until the following morning, when he was to plead. This was the first case on the morning of Wednesday, October 19, the defense filing a plea of not guilty, whereupon the court ordered the empanelling of a jury to try the same. After the trial the jury returned a verdict of guilty, and fined the defendant ten dollars. In addition to this indictment the grand jury returned one against Lewis Johnson, for manslaughter; against John Johnson, for an assault with intent to commit great bodily injury; against W. Ellington, for betting; against J. D. Rogers and P. A. Hooper, for an assault with intent to commit great bodily injury; and one against Samuel Judy, Thomas Woods, John Johnson, J. D. Rogers, Seth Johnson and Geo. Kirkman, for arson. The parties to the last named offense all obtained a change of venue to Pottawattamie county, where the case was tried, with what result it has not been possible to learn. William Ellington had to pay two dollars and fifty cents for the privilege of betting, the jury having returned a verdict of guilty when the cause came on for a hearing. Judge Samuel J. Riddle presided at this term of the court, he having been appointed successor to Judge James Sloan, who had resigned. There are various reasons assigned as to why the honorable gentleman presented his resignation. It is said that it was brought about by interested parties who were striving to foist themselves into public notice. One of the attorneys before the bar of Fremont, A. C. Ford, was to receive the resignation of Judge Sloan, secure the backing of his Whig friends, and Sloan was to present the claims of Ford to Governor Hempstead, at Dubuque, where he then resided. Sloan had in some way become related. in business matters, to a certain Orson Hyde, who was editing a paper known as the Fremont Guardian. In consideration of any service that Hyde might render him Ford was to purchase the press of Hyde,* and in connection with Dawson *The following is the record in this case, being the first chattel mortgage and quit-claim deed recorded in the county of Fremont. It is introduced here as possibly corroborative of the opinion so often expressed. This indenture, made the second day of March, A. D. 1852, between Jacob Dawson, of the county of Fremont, and State of Iowa, of the first part, and Orson Hide,† of the county of Pottawattamie, Iowa, of the second part, witnesseth: That I, the said Jacob Dawson, for the consideration of two thousand dollars, do hereby quit-claim unto the said Orson Hide. all of my interest in the following tract of land lying and being in the county of Pottawattamie, and State of Iowa; Beginning at a stake on the corner of Hide and Main streets, in the town of Kanesville in said county, which stake is about two feet northeast from the northwest corner of the printing office, and running thence along Main street sixty-one feet to Riddle & Co.'s line near the warehouse; thence along Riddle & Co.'s line in a southern direction to the rear corner, being the northeast corner of Riddle & Co.'s wareroom; thence in a northeasterly direction along the line of John Gooch's lot about sixty-eight feet to a stake on Hide street, which stake is the northwest corner of John Gooch's lot; thence in a northwesterly direction along Hide street about forty-six feet to the place of beginning— being known as the Frontier Guardian printing office, building and lot. And do hereby bargain, sell and convey unto the said Orson Hide all of the materials connected with the Frontier Guardian printing establishment, to-wit: One "Imperial" printing press (Cincinnati make): two news chases, one long book chase, two job chases, fifteen pairs cases, two +Orson Hide, the great Mormon apostle. should use it as a campaign organ in support of Ford as a candidate for the district judgeship at the next election. Only one thing was lacking in the chain of events as just stated-the friends on whom Ford relied for recommendations signally failed him. It appears that he had been a fugitive from justice from the state of California, and the fact was quite generally known among the citizens of the county. Indeed, the opposition took a stronger aspect than mere refusal to recommend his appointment -a meeting was called in Sidney, in Fremont county, in February, 1852, at which were passed a series of resolutions denouncing Hyde, and not at all complimentary to Ford. Copies of the resolutions were sent to papers in the eastern portion of the state, in western Missouri, and to Governor Hempstead. Accompanying them was sent a recommendation to the governor to appoint Allen A. Bradford as the successor of Judge Sloan. This petition was heard and granted. Bradford received the appointment and entered upon the duties of his office. Before the expiration of double stands for cases, one cast-iron roller mould, one imposing stone and frame, five small and two large composing sticks, one inking apparatus, one bank and two tables, five brass galleys, rules and furniture, with all the news and job type belonging to and connected with the said Frontier Guardian office-hereby granting to the said Orson Hide the legal title and the right of possession thereof. The above conveyance to be void upon condition that I pay well and truly, according to the tenure thereof, a certain promissory note bearing even date herewith, calling for one thousand one hundred and fifty-three dollars and ninety-two cents ($1,153.92), executed by Jacob Dawson and A. C. Ford, and payable to O. Hide twelve months after date, together with ten per cent. interest from date until paid. And upon the further condition that I will well and truly supply to such of the present subscribers who have paid in advance for the Frontier Guardian the Frontier Guardian and Iowa Sentinel to the amount which each subscriber may have so paid in advance as will appear by reference to the subscription book of said Frontier Guardian, amounting in the aggregate to the sum of three hundred and eighty-four dollars and eight cents, or otherwise satisfy such subscribers, releasing said O. Hide from any liability in reference to said advance payment as aforesaid, otherwise to be and remain in full force, to have and to hold the above described premises hereby quit claimed, and the said above described material hereby bargained and sold, together with all and singular the appurtenances thereunto belonging or in any manner appertaining. In testimony whereof, the said Jacob Dawson hath hereunto set his hand and seal the day and year first above written. STATE OF IOWA, POTTAWAFIAMIE COUNTY, } SS. JACOB DAWSON, [SEAL.] Personally appeared before me, Hadley D. Johnson, a notary public within and for the county of Pottawattamie and State of Iowa, Jacob Dawson, personally known to me to be the identical person whose name is affixed to the foregoing deed as grantor, who acknowledged the foregoing instrument to be his voluntary act and deed. In witness whereof, I have hereunto set my hand and affixed my notorial seal this 2d day of March, A. D. 1852. HADLEY D. JOHNSON |