next day James was found dead and frozen. His breast was bare and it was supposed that he died of heart disease.

January 5, 1845, the Commissioners met at the house of C. W. Hobbs. There was no fire-place in the Court Cabin, and it was cold weather.

meeting, it was

At this

Ordered, That Joel Bailey shall proceed, with David Moreland, Missouri Dickson and Wellington Wiltse, to survey a public road, as viewed by them according to an order passed July 5, 1842, running from the Dubuque road, near Mr. Floid's, to the White Oak Grove, from thence to pass the school house and intersect the road running from Prairie du Chien to the county line of Delaware, and that said Commissioners make due return of the same.

In February, 1845, probably about the 22d, Mr. Drury R. Dance, the County Treasurer, who lived in the timber, about midway between Delhi and the Livingston settlements, went out into the woods to see to his hogs. The Winter was mild and open; there was but little snow on the ground, and the hogs subsisted largely upon "mast" (acorns). He did not return home that night, and the next morning his wife, becoming anxious, fearing that some accident had befallen him, alarmed the neighboring settlers, who turned out in search of him, and he was found dead, having been shot, some distance from his house. His body was first discovered guarded by his faithful dog, it is said, by Jefferson Lowe, who was immediately charged with the murder, arrested and taken before Leverett Rexford, Justice of the Peace, near Bailey's Ford, on the 24th, for preliminary examination. Justice Rexford committed him to await trial for murder, but, as there was no jail in Delaware, the prisoner was lodged in the jail at Dubuque.

March 8, 1845, the Board of Commissioners met at the house of Charles W. Hobbs, and appointed Joel Bailey, County Treasurer, to fill the vacancy caused by the death of D. R. Dance. On the same day, "John W. Penn, County Sheriff, was authorized and empowered to borrow money for the use of the county, to defray the expense of boarding Jefferson Lowe, now confined in Dubuque County Jail."

The second term of court was a special term, commencing April 1, 1845, Judge Wilson presiding. The Grand Jury was as follows: Leroy Jackson, Foreman; James Eads, Robert B. Hutson, William H. Martin, Lucius Kibbee, Jr., Phipps Wiltse, Malcom McBane, Lawrence McNamee, Missouri Dickson, Robert Gamble, Daniel Brown, Moses Dean, William Phillips, Silas Gilmore, James Cavanaugh, Henry W. Hoskins, John Hinkle.

FIRST CIVIL CASE.

The case of Missouri Dickson vs. Ezra Hubbard, continued from first term, was tried by the first petit jury impaneled in Delaware County, consisting of John Flinn, O. A. Olmstead, John Padelford, Eli Wood, Orlean Blanchard, S. V. Thompson, Levi Billings, Jacob Dubois, James Collier, Samuel P. Whitaker, John Corbin and John Clark.

The case as tried before Brown, Justice of the Peace, appears to have been a suit commenced by Hubbard, to recover pay for building a chimney. Hubbard was employed by Dickson to build a cabin, and in erecting the chimney did not follow the design as agreed upon. Upon occupying the premises, Dickson discovered that the chimney "drew" the wrong way-that it "smoked." He informed Hubbard, who tinkered it, but still it "smoked." Hubbard wanted his pay, but Dickson declined to liquidate, whereupon Hubbard brought suit before Brown and recovered judgment, from which Missouri appealed. The appeal was tried before the jury above named. Hubbard appeared by Timothy

C

Davis, Attorney. Dickson was without an attorney, but, on the suggestion of Mr. Hobbs, retained Gen. Wilson.

Davis made a long speech, in which he instructed the jury fully in the method of building chimneys and the various remedies to be employed in cases of defective construction. Gen. Wilson's speech was not more than fifteen minutes, and was devoted mainly to the essence of the contract; he urged that if Hubbard had built a faulty chimney, and that if he could not set it drawing right, he had not fully performed his part of the bargain, which was to build a reliable chimney for Dickson. The case was given to the jury, who, in a short time returned with a verdict of $5.33 for plaintiff. This was the first jury trial and first verdict in the Delaware County courts.

FIRST CRIMINAL TRIAL.

April 2, the Grand Jury returned a true bill of indictment, United States vs. Jefferson Lowe, for the murder of Drury R. Dance. On the 3d, a jury, consisting of John Flinn, James Collier, John Cordell, Leonard Wiltse, Sr., James Montgomery, S. V. Thompson, Levi Billings, Jacob Dubois, S. P. Whitaker, Wellington Wiltse, Orlean Blanchard and S. A. Hardin, was impaneled.

Lowe was put upon his trial; Gen. James Wilson was his attorney. James Crawford, Public Prosecutor, and Timothy Davis conducted the prosecution. The defense is said to have been that Lowe's sister, a girl of about fourteen, who was keeping house for him and his brother, had informed her brother that Dance had seduced her, and that if Lowe had killed him it was justifiable homicide. Public opinion was strongly in Lowe's favor. After the hearing, the jury brought in a verdict of not guilty, and he was generally congratulated on his acquittal.

Public opinion, however, changed somewhat when, after the trial, Lowe confessed to Mr. Carter, Mr. Jackson and others, that armed with his rifle and concealed behind a tree, he laid in wait for Mr. Dance, and, as he approached with his arms full of little pigs, unconscious of danger, shot and mortally wounded him. Lowe stepped up and spoke to him, when the dying man said, “For God's sake, take me to the house; don't leave me here to die alone." But Jeff, unheeding his piteous appeal, left him to die where he fell.

This was the first indictment and trial for murder or any other crime in the courts of Delaware County.

FIRST DIVORCE CASE.

This was the

At this term the first petition for divorce was filed and tried. case of Eliza Corbin vs. John Corbin. Timothy Davis appeared for plaintiff and Gen. Wilson for defendant. Divorce decreed, with fifty dollars alimony, one dollar per week for support, and custody of minor children, John W. and Esther Eliza Corbin, to plaintiff. It is proper to add that the parties to this suit amicably arranged their difficulties, and were re-married April 4, 1846. The other cases entered at this term were Dickson vs. Brown and Moreland vs. Slack. The court adjourned April 4, 1845.

The

The attorneys in attendance at this term, so far as can be ascertained, were James Crawford, James Wilson, Timothy Davis and William Hamilton. members of the Delaware Bar were not numerous for several years. Among those whose names appear at subsequent term were A. K. Eaton, probably the first lawyer to settle at Delhi, in 1846; Zina A. Wellman, George Wattson and John V. Wattson. John V. Wattson died at Dyersville about 1873.

April 7, the Board of County Commissioners met at the Court House. The report of the Commissioners, appointed January 5, to locate a road from the Dubuque road, near Mr. Floid's, to White Oak Grove, etc., was accepted and ordered to be recorded as a public highway. Joel Bailey, having declined to accept the office of Treasurer, the order of March 8 was rescinded and Oliver A. Olmstead appointed County Treasurer. Not long after this, it is said that Mr. Olmstead removed to Oregon Territory, where he was living when gold was discovered in California, whither he went at once and soon acquired a fortune. At the April session, the following orders were passed:

Ordered, That the west line of the North Fork Precinct shall cross the South Fork of the Maquoketa at the mouth of Plumb Creek, to intersect the mouth of Buck Creek, and run from thence a west course up Buck Creek to the Delaware County line.

Ordered, That the election for the North Fork Precinct shall hereafter be held at the house of Lucius Kibbee, instead of at G. D. Dillon's.

Ordered, That the north line of the Delhi Precinct shall commence at stake corner to Sections 18 and 19, in Township 89 north and Range 6 west, thence east through the center of said township to Plumb Creek.

May 23, O. A. Olmstead, the Treasurer, was instructed to proceed, by law, to collect a fine of five dollars each from G. D. Dillon, North Fork; Amos Williams, Colony, and Daniel Thornburg, Eads' Grove, for neglecting to qualify as Precinct Assessors.

An order was passed, directing the payment of $80 to Simeon Phillips for work done on the Court House.

July 7, Clement Coffin, Henry Baker and Aaron Sullivan were appointed to view and mark a road "from Joel Bailey's to Baker & Coffin's Grove, thence westerly to intersect the Territorial road from Buchanan to Delhi," and Joel Bailey was appointed Surveyor to "survey the above road."

A petition was received for a public road from "Eads' Grove to Hail's Mill, to be run on the nearest and best route to the house of James Montgomery, thence on the open line between James Montgomery's farm and McMullen's; east on Bailey's line, north of the new burying ground, thence on the nearest and best route to the county line, near Hail's Mills." Daniel Brown, Archibald Montgomery and Samuel Dickson were appointed to view the route, at the expense of the petitioners.

Gaines

Jefferson Lowe, whose trial for the murder of Dance has been mentioned, soon afterward had a quarrel with one Gaines, originating in whisky. shot at Lowe with a rifle, injuring his little finger and grazing his hip. Lowe made complaint before the Grand Jury, which failed to find a bill against Gaines. Shooting at each other with rifles was an innocent pastime among some of the settlers in those days.

At the August election that year, as appears from subsequent records, Henry A. Carter, Lawrence McNamee and Henry Baker were elected Commissioners; Charles W. Hobbs, Recorder; John W. Penn, Sheriff, and Joel Bailey,

Treasurer.

The assessment roll made in September, 1845, shows a greater increase of tax than of tax payers. The county tax assessed was $743.79; Territorial tax, $33.79. There were 46 tax payers in North Fork Precinct, 26 in Delhi, 51 in Colony, 26 in Eads-aggregating 179 in Delaware, and there were 21 in Buchanan.

Self Protection.-Early in the history of these pioneer settlements, before the lands were in the market, but after they had been surveyed, the settlers organized a Claim Society, for the purpose of protecting their rights and preventing claim "jumping." It is now impossible to determine the date of the

organization of this society, but nearly every settler in the county was a member of it, and claim "jumping" was an extremely unhealthy occupation at that time, and of very rare occurrence. This society was in active operation until about 1850. "While it existed," remarks Judge Bailey, "the settlers were perfectly secure and a just claim was as good as a deed to the occupant." In illustration of the mission of this society, it is related that, in 1845, a blacksmith, named James Cavanaugh, living near Dillon's, becoming offended with Mr. H. A. Carter, entered forty acres of fine timber on Carter's claim. As soon as the fact became known, the settlers were notified to assemble at Dillon's, to persuade Cavanaugh to relinquish the land to Carter and receive his money back. They met in respectable numbers and started for Cavanaugh's shop. The plucky blacksmith saw them coming, armed himself with a pistol, stepped to the door and coolly informed the society that if they advanced any farther somebody would be likely to die. They stopped and parleyed with him, but he refused to comply with their wishes and refused the offer of $100, if he would vacate his entry or transfer it to Carter. The members were then secretly notified to meet on the disputed land on a certain day, prepared for duty. On the day appointed, nearly every member reported with team and wagon, axe and rifle. The lines of the doomed "forty" were "blazed" with tolerable accuracy, pickets, armed with rifles, were stationed all around the lot, to prevent any person from approaching, and the work of destruction commenced. Every tree, suitable for timber or rails, was felled and hauled away, and every tree that was left standing was girdled. The job was thoroughly performed. At noon a sumptuous dinner was prepared by the families of Mr. Carter and Mr. Jackson, assisted by the wives of the settlers who had accompanied them. Subsequently, one of the members of the society (Jefferson Lowe, it is said) traitorously divulged the names of those who were engaged in the transaction to Cavanaugh, who prosecuted the parties for destroying his timber. He took a change of venue to Clayton County and finally obtained judgment for $100, double the cost of the land and the least the jury could award him.

During 1845, there were some accessions to the population of Delaware The Turners, father and son, were the first to settle in Township 90 north, Range 6 west (Richland). The son's name was William. They settled on the East bank of the Maquoketa, where Forestville now stands, and where they afterward built a mill.

John H. Duthman located in Township 89, Range 3 (Bremen), where he died soon after, his estate being the first to be admitted to probate in this county.

George Pease, with his family, consisting of his wife and two sons and two daughters, came to the county in June and entered a quarter section of land near Delhi, but lived near Bailey's Ford. In August, Mrs. Pease sickened and died. She was buried close beside the road about half a mile east of Bailey's Ford, where now (1878) her solitary grave is surrounded by a fence, but no stone registers the name of the peaceful sleeper beneath the evergreens. Soon after his wife's death, Mr. Pease became discouraged and returned to "York State."

About this time, William Van Order became the first settler on Township 89, Range 4 (Oneida), but his precise location cannot now be determined. His brother-in-law, Wilson, lived with him. Wilson was a desperate character and, it is supposed, was a member of the gang of prairie banditti, that were then the terror of the people of Illinois and Iowa. He was a small man and was sick with consumption, but possessed great energy and endurance.

At