room to consider their verdict. Just at this juncture Finch laid on the Judge's table some instructions he wanted given the jury. "Hold on, jury," said the judge; "wait a minute." He glanced over the instructions, when he said, "Go on, gentlemen, to your room. He is guilty as h―.” The jury returned a verdict of "Guilty," when the Judge sent the man up for five years. Dan. immediately made a motion of some kind, whereupon the Judge said, "Daniel, do you see that blue house (the jail) over there. Sit down, or I'll send you there in five minutes." That night Rain broke jail, and the next morning Dan. facetiously filed a motion with the clerk for the arrest of the Judge for helping the prisoner to escape. At another time Mrs. Dailey, who married a man named Mitchell, who deserted her and went to California, filed a petition for divorce. Judge McKay was her lawyer, who presented the case in the most graphic terms of desertion. Judge McFarland heard the arguments of counsel and considered the matter, Judge McKay standing near him waiting his decision, which came in this wise: "Here, Judge, take your decree, and call her Mrs. Dailey hereafter, but put her against the first chance she gets. Everybody in Des Moines knows Mr. Milner, the vegetable man, who lives in the north part of the city. He went into court one day with his hat on. The Judge ordered the bailiff to arrest him. When he informed the court that he was a Quaker, and always wore his hat in meetings, "Well, sit down, then, with your hat on," said the Judge. It was not long before Milner forgot his Quaker principles, took off his hat, and laid it aside. The Judge discovered it, and sharply said, "Mr. Quaker, put your hat on, and keep it on." Milner obeyed, and to this day he gets mad whenever he thinks of it. At another time Barlow Granger started to leave the court-room with his hat on. The Judge ordered the Sheriff to arrest and bring him back, and as he reached Barlow, gave him the cue. Barlow wheeled about and marched straight up to the Judge with his hat on. "Didn't you know you were in contempt of court for wearing your hat in the court-room?" said the Judge. "My religious principles are such," said Barlow, "I never take off my hat except in the presence of my maker and to sleep. I am a Friend." "Friend of what?" said "Mac." "I'm a Quaker," said Barlow. "Oh! a Quaker, are you? Well, take your seat, Mr. Quaker, and keep your d-d hat on if you want to," ordered the court. The Judge died at Boone in 1863, a victim of his bibulous habits. He was a good Judge. His decisions were sound, and rarely reversed by the Supreme Court. With all his rough exterior, he possessed a kind heart and generous nature. The early justices of the peace in Des Moines afford abundant amusement to the historian. Their records are some of them really curiosities. Witness the following: "adison Cave V. S. "parry ware, in a ple of a debt on a note of hand of five dollars and 17 Cent. Summons Ishued on the 2 deCember 1847. Summons Returned on the 9 december, 1847. the 9 day set for trial and the defendent did not appear. therefore Judgement is rendered by default for five dollars and 17 Cents and Costs of Sute this 9 deCember 1847. deCember 24, 1847. J. P. execution on the above Judgment the 24 was ishued. execution Returned on the 15 Januer and no property found whereon to levy. "Mortain Monahan J. P. V. S. "Adeson Michel in a ple of debt on an open a Count of twelve dollars and fifty Cents Summons Ishued on the 21 day of Febary 1849 and Returned on the 1 day of March, 1849, and the plantf appeared and then did not appeare and the cause being fully heard and it appeared that the defendant has been duly Surved with prosess. tharefore Judgment is Rendered for the plentiff for twelve dollars and fifty cents and costs taxed at $1.67 "this first of MarCh, A. D. 1849. The following case shows a novel feature in criminal practice: "State of iowa Vs. J. P." "Charles Myers in this caus the Defendant not put on his trial as it appeared that there would not be eny evedence against him. 66 In the docket of Joseph Deford the first case entered is, to-wit: "James Cammel and Crews VS. "david harman J. P." "in ple of debt on a note of hand of three dollars sixteen cents, tharefore the said harman came on the 8 day of October and Confessed Judgement on the above named note, and Judgement is rendered in favor of the Said Cammel and Crews for three dollars and sixteen cents this 8 October 1847, by me. "J. DEFORD J P." The Esquire evidently run a corner grocery, for in the back part of his record is a record of store accounts, a few items of which are herein transferred that the prices of those days may be compared with the present: "July 9, 1844, John W. McCasker, 8 yds calico, 25c..... John Roberson, 3 yards calico.... John B. Nicewander, 1 bush. corn.. $2.00 .75 4.00 1.00 Later, when the town had become a little more enlightened and acces sions had been made to the bar, the following case gained considerable notoriety and created not a little amusement: William Oakes was a busy, speculative genius, who, somehow, through intent or forgetfulness, had numerous little balances of accounts unpaid among his neighbors, among whom were Reuben Davis and Wyatt Brown lee. One day Oakes went to Boone on business, when Davis brought an attachment suit against him, before Madison Young. Judgment was rendered against Oakes, execution issued, a cow was attached, and sold by the constable to W. D. Corkeram, for sixteen dollars. When Oakes returned he went to Hon. Curtis Bates for counsel. The cow was replevined on a writ issued by Esquire McClelland, and returned to Oakes, on the ground that the cow was exempt from execution. Corkeram was therefore minus the money he had paid for the cow, and to recover it he brought an action against Davis, who had attached the cow, and Brownlee, who was a witness in the attachment suit before Young. The following is a copy of the account on which the action was based: "Reuben Davis and Wyatt Brownlee, "To Wm. D. Corkeram, Dr.: "To cash paid for cow at constable's sale... costs of suit before Wm. McClelland, Esq.. "keeping cow four weeks...... expenses in prosecuting and defending suits. "FEB. 21st, 1853. $16.00 5.00 4.00 15.00 $40.00 Madison Young appeared as counsel for Corkeram; Bates and Jewett appeared for Davis and Brownlee, the defendants. To Corkeram's petition, asking for judgment, Davis made answer as follows: "WM. D. CORKERAM V8. "REUBEN DAVIS and "WYATT BROWNLEE. Before W. McClelland, a Justice of the Peace, within and for the township of Des Moines, Polk county, and State of Iowa. The separate answer of Reuben Davis to a petition filed against him in the above suit: "And for answer in said plaintiff's account, or petition first specified, defendant says: That the defendant never was a constable, nor a deputy; nor did he ever officiate as one; nor did he ever directly or indirectly sell, bargain or contract, to sell, bargain or convey to said plaintiff any cow, bull, calf, steer, or any other animal of that species, either as constable, deputy constable, sheriff, deputy sheriff, or in the character of any other officer, either judicial, ministerial or executive, or as a private person for himself or anybody else, either as principal or agent. "And though said cow might have been sold Ever sell, or take another's bill. "And as to the second count in said plaintiff's account or petition speci fied, this defendant, for answer, says: That he never was chosen either as plaintiff or defendant, in any suit at law, or equity, which was tried before said justice of the peace, and if he ever was a party it was bold-faced meanness and transparent folly, not to inform him of it. "And that a suit could e'er be tried, "And as to the third charge in plaintiff's account or petition specified, defendant for answer says: That he never employed said plaintiff to keep a cow for him; that he paid him for all the keeping of cows that he ever did for this defendant; and lastly, that this defendant never had any cow that plaintiff could have kept. "And why this defendant should be dunned Is all submitted for the court to say. "And as to the fourth and last charge in plaintiff's account or petition specified, this defendant for answer says: That he never employed said plaintiff to either defend or prosecute a suit for this defendant; that the last time he did employ him, he managed it so badly that he was not entitled to any fees, and that this defendant has paid him all his services were worth: "And to charge this party with that load, Is not according to the "Code"; And the only way to end it, Is to render judgment for defendant. "J. E. JEWETT, "Attorney for Davis." Mr. Brownlee made answer to the petition, to-wit: Des Moines Township, Polk county, Iowa, February 23, 1853. 41 Now, as you see, Comes the defendant, Brownlee, As by said Corkeram stated. "Persons having adverse interests to plaintiff, Of interest, is the true mode. But Brownlee doth most seriously declare, "Plaintiff's bill charges the defendant sixteen dollars, Which (as we gather from what follows) He bought at a constable's sale, somehow When she was offered as the property of the poor man Oakes, "That Corkeram, in good faith to the constable Nor that the money was to the payment Of Davis' judgment applied. But what of that? This defendant was but a witness, No party to the suit Though he fed, for a short time, The old, dumb brute. But neither this, Nor the receipt of his fees, He therefore prays for costs "WYATT BROWNLEE. "By his Attorney, "C. BATES." Judgment was rendered for the defendants. Oakes kept his cow; Davis kept the money which Corkeram paid for the cow at the sale; Corkeram lost the money he gave for the cow, lost the cow, lost the four dollars pasturage, and lost the sixteen dollars expenses for lawsuits. It was always a mystery to him how a man could thus pay another man's debts and not get any equivalent. He never could understand it. August 9, 1850, the Gazette notices the great improvements made in the town. On Second street-the "Chestnut street" of the burg-a new sidewalk had been laid by Lyon & Allen, the finest laid in Des Moines; a new building was going up on the corner of Vine and Second, which was the advance point of business at that time. Personal journalism was very much the same in early days as now. In the Journal of March 21, 1851, Judge Williamson, the editor, says to the Star: "We never entertained, for a moment, the idea of chastising Granny' Bates, much less his blooming nosed sub-editor." Sportsmen are reminded that elk hunters, on the 18th of June, 1850, went up 'Coon river for elk calves, and the Gazette says they returned with five calves. They captured four more, but they died. They found deer and elk plenty, but no buffalo. In November, 1858, A. Garver, Francis M. Beck, Joseph Fagan and Jacob Byers were paid $1.50 each for wildcat scalps. January 28, 1869, Wesley Redhead brought the first velocipede to Des Moines. The first car-load of wheat was shipped from Des Moines to Chicago by Warren & Graham, September 4, 1867. The first Irishman who set his foot in Des Moines, was Michael McTighe, and he is still a resident, jovial and jolly. The first white child born in the county, and in the territory which is now a part of the city, was that of J. M. Thrift, who was the first tailor in the town. |