Polk County IA Archives History - Books .....Courts 1898
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Book Title: Annals Of Polk County, Iowa And City Of Des Moines

CHAPTER XIX.
COURTS.

THE first term of the District Court was held in Fort Des Moines in April, 1846.
   In order to provide a room in which the court could be held the Board of
County Commissioners made the following:

  Ordered, That room No. 26, occupied by Miss Davis as a school room, be vacated
for the approaching session of the District Court.

   This room was in one of the buildings which had been erected in 1843 for the
use of the troops. When the latter were removed the General Assembly had granted
to the county the one hundred and sixty acres of land, comprising the site of
the Fort and all the buildings thereon. Thus the Board had absolute control of
these buildings. This room No. 26 was in one of the buildings located in a row
along Raccoon River, commonly called the "Coon Row."

   The county was a part of the Second Judicial District, which included the
south half of Iowa, and was presided over by Judge Joseph Williams, a noted man
in the early history of Iowa. He was a Territorial Judge, appointed by the
President, and was a native of Pennsylvania. After Iowa became a State he was
one of the Justices of the Supreme Court, and for some time Chief Justice of the
same. He had his home at Muscatine for many years. While a good lawyer and judge
he possessed an extraordinary talent for music, story telling and social
enjoyment. He was the life of a social gathering and always full of fun and
frolic. And yet with all this he was very temperate in his personal habits. On
the bench he was dignified, but at times his ready wit and humor would flash
out, lighting up the often somewhat dull proceedings of the court room. A
prominent member of the Polk County bar tells this of his arrival in Iowa: He
had studied law and in doing so had imbibed high ideas of the dignity of courts
and judges and in his old home the latter had been more than usually dignified.
He came to Iowa looking for a location, and for a few days stopped at Iowa City,
then the State capital. The evening of his arrival some young boys came in front
of the hotel with life and drums. They played for a few moments when a well
dressed, good looking gentleman stepped out and told the boy to give him the
snare drum, threw the supporting belt over his shoulders, struck up a lively air
and stepped up the street followed by a procession of men and boys. Turning to a
bystander the young lawyer asked the name of the gentleman. Imagine the shock
when the reply promptly came, "You mean that old fellow with the drum! Oh,
that's old Joe Williams, Chief Justice of the Supreme Court of Iowa!" But with
all his eccentricities Joseph Williams was a good judge, an excellent citizen
and an honest man. He was subsequently a United States Judge in Kansas, and died
at a ripe old age a number of years ago.

   Perry L. Crossman was the first clerk of the court, having been appointed
some time previous for the purpose of organizing the county. He subsequently
removed to Newton, Jasper County, where he lived for a number of years. Thomas
Mitchell was the first sheriff, he having been elected at the first organizing
election. Iowa then a territory, the United States was represented by Thomas
Baker, district attorney, and John B. Lash, marshal.

   The original record of the proceedings of the first court, made with a lead
pencil, is now in the possession of Barlow Granger. The court was in session but
three days, and the business transacted was mostly of formal character. On the
first day a venire was issued to the sheriff to "summon twenty-three good and
lawful men to appear forthwith before said court to act as grand jurors in and
for said county." On the next day the sheriff returned his venire aforesaid,
with the following named persons, to-wit: William Lamb, Benjamin Savior, John B.
Scott, Peter Newcomber, Samuel Dille, Newton Lamb, John Baird, Thomas McMullen,
George B. Warden, Jeremiah Church, J. M. Thrift, Shaden Wellman, Samuel Oxford,
A. Bronson, Samuel Shafer, G. B. Clark, W. W. Clapp, W. F. Avers, J. D. Parmlee,
James Davis, J. J. Meldrum and Thomas Leonard. Notwithstanding the fact that
many of these early settlers would naturally attend the opening of the first
court in the county the sheriff appeared to have had some trouble in summoning
these men, as the record shows it was not until the third and last day of the
term that as many as was required were produced-in court. In these latter days
the sheriff of this county could summon more than one hundred very willing
jurymen in an hour or less time, and that too without leaving the court house.
On the third day the men mentioned above were duly empaneled, charged and sworn
as grand jurors on the part of the United States and the Territory of Iowa, and
retired in charge of Lewis Whitten, a sworn officer for that purpose, to
consider of such matters as may come to their knowledge according to their
charge, and after being absent for some time, returned into court and informed
said court that they had no bills or presentments to make, and that they had no
further business to engage their attention. It is therefore ordered by the said
court that said grand jurors he discharged. And there being no further business
for the court at this term it is ordered that this court adjourn until the next
term in course of law. The following order was also made on the first day of
this term: "Ordered by said court, that the eagle side of a twenty-five cent
piece of the American coin shall be the temporary seal of said court, in and for
the said County of Polk, until a proper seal can be provided."

   The records thus show that the first term of court held in Polk County lasted
only three days, with little civil and no criminal business to be disposed of.
This certainly shows the early settlers were not litigious, and were law-abiding
and peaceful citizens. Less than fifty years after this four judges are kept
busy ten months in the year hearing and determining legal disputes, while the
jail is often crowded with those charged with crime, and the Grand Jury is kept
in almost continuous session during the greater portion of the year. Polk County
has grown great in wealth and population and also great in other respects not so
desirable.

   The second term of the District Court was held in September of the same year
and had before it a noticeable increase of business. Joseph Williams was judge,
and Perry L. Grossman, clerk; Thomas Baker, United States attorney, and John B.
Lash, United States marshal, were in attendance. Thomas Mitchell was sheriff.
The following were the grand jurors for this term: J. B. Mallet, John Thompson,
George Maggs, John Q. Deacon, James Campbell, Alexander Sumner, Norman Ballard,
S. K. Scovell, T. H. Napier, W. H. Meacham, Samuel Vanatta, William Lamb,
Benjamin Saylor, T. K. Brooks, Samuel Shafer, Samuel Kellogg.

   The petit jurors were: Samuel Dille, Aaron Coppick, G. B. Clark, James White,
John Parrot, Thomas Morris, George Rives, Eli Smithson, Alfred Bowman, Benjamin
Frederick, Lincoln Ballard and John Rose.

   At this term there were a respectable docket of cases, and a number of them
were tried. Among the cases docketed we find the following: John Ross vs.
William Lamb et al., Addison Mitchell vs. George Dille, United States vs.
William F. Ayres, Owen Osborne vs. W. M. Cottingham, Edwin Manning vs. Robert A.
Kinzie, John T. Meldrum vs. Thomas Mitchell, Jonas Hoover vs. Prior C. Woodward,
Samuel McClelland vs. Joseph Ehle, and several other cases. There was also one
of United States vs. William Lamb, George Kooney, Thomas Henderson and Benjamin
Bryant, charged with riot. In this case it appears the Grand Jury refused to
find an indictment and the defenants [sic] were all discharged.

   Among the entries of this term is the following referring to one of our
present oldest and most highly respected citizens: "Phineas M. Casady, applicant
for admissoin [sic] to the bar, on motion of Thomas Baker, having produced to
the court a certificate of his having been regularly admitted as an attorney and
counselor at law in the Circuit Court and Superior Court within the State of
Indiana, and said Casady having been found, upon examination, in all respects
qualified, it is ordered that he be admitted and licensed to practice as an
attorney and counselor at law and solicitor in chancery in the court. Whereupon
the said Phineas M. Casady appeared in open court and took the oath required by
law."

   At the same term William D. Frazee was also admitted as an attorney, being
the first admitted in Polk County. Perry S. Crossman resigned as clerk of the
court and A. D. Jones was appointed as his successor. This term of court
adjourned October 1st, 1846.

   The third term of court was held in May, 1847, and was presided over by J. P.
Carleton as judge. During the term William McKay, Robert L. Frederick and A. D.
Jones were admitted as attorneys of the court, William McKay a year or two later
becoming district judge.

   The fourth term of the court was held by Judge Cyrus Olney, and of this we
have a short record. Judge Olney acted in the place of Judge Carleton, the
regular judge of the district, and held the two terms of the court in 1848. The
first divorce in the county was granted by Judge Olney.

   Under the constitution of the new State of Iowa, Polk County was placed in
the Fifth Judicial District, and at the April election, 1849, William McKay, of
Fort Des Moines, was elected district judge. He commenced exercising his
judicial functions immediately after his election, and presided as judge at the
May term, 1849. These extracts are taken from the records of that term:

   "On motion, Barlow Granger produced to the court a certificate given by three
judges of the Supreme Court of the State of Iowa, licensing him to practice as
an attorney in the Superior Court and District Courts of this State, which
certificate being satisfactory to the court, Barlow Granger appeared in court
and took the oath required by law.

   "Hoyt Sherman presented to the court a certificate granted by the Supreme
Court licensing him to practice in the Supreme and. District Courts, which being
satisfactory to the court, Hoyt Sherman appeared in open court and took the oath
required by law."

   These two gentlemen with P. M. Casady, R. L. Tidrick, William McKay, Byron
Rice and John M. Perry, the prosecuting attorney, for some time constituted
about all of the Bar of Polk County, and they also attended to the greater part
of the legal business arising in the adjoining counties. But the supply of
attorneys has more than kept up with the progress of the county, rapid as this
has been, and now the Bar of Polk County embraces a long list of practicing
attorneys, running up in the hundreds and taking-no count of many engaged in
other business pursuits, or removed to other localities. At the same time it is
but legal justice to state that in this now long list can be found a number of
as able and learned lawyers as have ever graced the bar of any county or state.
Former members of the Polk County Bar can at this day be found practicing their
high profession in all parts of the country —on the Atlantic border and on the
Pacific Coast.

   Judge McKay held the office of district judge for four years, his district
embracing Polk and a number of other newly created counties of this section of
the State. In politics he was a Whig. He was a candidate for re-election in
1854, and had as his opponent Phineas M. Casady. The election, which was held in
April, was a spirited one, both the candidates canvassing the district. P. M.
Casady, however, was the more popular man and was elected. About the same time
he was also appointed by the President register of the United States land office
at Fort Des Moines. As this latter office Avas worth at least three times as
much in the way of salary and was in many other respects a much more desirable
office to hold, Judge Casady shortly after qualifying as judge resigned the
latter office, much to the regret of his many friends, who were confident
he-would have made an able, honest and impartial judge.

   Judge McKay, after his defeat, resumed the practice of law, and was
subsequently elected commissioner of the Des Moines River improvement. In this
work he is said to have been very fortunate financially, and at the expiration
of his official term, or shortly after, in 1857, removed to the then Territory
of Kansas, which at that time was attracting much public attention. He made his
home in that State until his death a few years since.

   The vacancy on the bench of the district caused by the resignation of Judge
Casady devolved upon the Governor the duty of appointing a new judge to serve
until after the next election in 1855. He selected as his choice C. J.
McFarland, formerly of Lee, but then living in Boone County. Judge McFarland
commenced the discharge of his judicial duties in May, 1854, and in a short time
made himself one of the most noted or notorious judges in this or any other
State. Physically he was a splendid specimen of rugged manhood, and he had been
"well bred to the law." lie had much more than an ordinary mind, keen perceptive
faculties, and was a good judge of persons and facts. He, however, was at this
time no student and bothered himself very little with authorities and
precedents. He was more dissipated than was good for his bodily or mental
health, and his aberations or eccentricities upon and off the bench soon
attracted much attention and gave him widespread notoriety. Before he had served
a year an election was held for his successor. Judge McFarland was the candidate
of the Democrats for re-election, and the opposition being a combination of
Whigs, Know-Nothings or Americans, and not a few Democrats supported a most
estimable man, W. W. Williamson, of Fort Des Moines. What was then called
Know-Nothingism was about in the prime of its power in Iowa at that time, and
the tight at that spring election in 1855 was as earnest and bitter as could
have been desired by the most zealous partisan. The election was held and the
result was close and doubtful for some time. Finally the canvassers declared
Williamson had been elected judge and his friends rejoiced greatly over this
announcement. But Judge McFarland held on to his office, contended lie had been
fairly elected and contested the election of Williamson. Finally after some
delay the contest was decided in favor of Judge McFarland, who continued upon
the bench, while his defeated opponent continued to practice before him.

   While Judge McFarland was too fond of showing the rough side of his rugged
nature, yet with all this he was inherently honest and a lover of justice. And
it can be said of his decisions on the bench, while there were many appeals
taken to there were few reversals by the Supreme Court. In this last respect his
judicial record was much better than many of his successors, he had a hearty
contempt for all shame and hypocracies, and was more than usually free himself
from these too common vices. He was fond of and much desired the approbation of
his fellow men and was very sensitive to the attacks some times made upon him by
the newspapers or by his political or personal enemies. Of the latter he had but
few. He served altogether upon the bench some five years, during the latter part
of which by act of the General Assembly his district no longer embraced this
county, but was limited to Boone and a few of the adjoining counties. He died at
Boonsboro in the early sixties.

   Following Judge McFarland came William M. Stone, of Marion County. He held
the District Court of the county in 1857-58, and was well known to the people of
the city and county, having settled in Knoxville at an early date, and had to
some extent practiced law in the county. He had formerly been a Democrat and
gained much reputation as a fluent and aggressive political speaker. He
continued as district judge, though Polk County was not then in his district,
until the war broke out in 1861. He immediately resigned, enlisted, raised a
company of volunteers, and when the Third Iowa Infantry was organized he was
promoted to major. He served with his regiment in Missouri and was wounded at
Blue Mills, one among the first battles of the war. He was afterwards made
colonel of the Twenty-second Iowa. Infantry, and with Iris regiment did good
service in the Vicksburg and other campaigns. In 1803 he was nominated for
Governor by the Republicans, and being elected at the October election of that
year he was inaugurated Governor in January, 1804, succeeding the famous "War
Governor," Samuel J. Kirkwood. Governor Stone was re-elected in 1865, serving
four years. He then returned to the practice of law, making his home at
Knoxville and for a short time residing in Des Moines. He continued to take an
active part in politics, and in 1889 was appointed by President Harrison
assistant commissioner of the United States Land Office, and was for a time
commissioner. Some time after the inauguration of President Cleveland he left
this position and was making arrangements to go into business in Oklahoma
Territory, when, after a short illness, death closed his earthly career. "Bill'
Stone, as he was familiarly called, played a prominent part in the early and
later history of this portion of Iowa and his memory should live for years to come.

   John H. Gray was the first district judge under the new constitution of Iowa,
adopted in 1857. He came with his wife to Des Moines early in 1855, a young
lawyer who had studied and practiced for a brief period at Fort Wayne, Indiana.
He was born in Maryland and had graduated at Alleghany College in 1853. He had
married Miss Maria Freeman, of Massachusetts, a short time previous to his
emigrating west. He had but little means, but was full of hope and energy. To
help along he and his wife taught a select school for a time. Before he had long
been a resident the Republicans nominated him for prosecuting attorney, and
after a warm canvass he was elected. This gave him the start needed, and in 1858
he secured the Republican nomination for district judge. He was elected in
October, 1858. He made an excellent judge, and was always popular with the
people. He was re-elected in 1862 for another four years. But his health failed
before he had reached the ordinary prime of life and after lingering for some
time died on October 14,1865. His death was much regretted by his many friends
in this and adjoining counties, who knew and loved and respected this pleasant
gentleman and honest and upright judge.

   The death of Judge Gray left a vacancy on the bench, which was promptly
filled by the appointment by the Governor of Charles O. Nourse, of Des Moines.
He was appointed October 16, 1865. Judge Nourse was a native of Kentucky and
settled in Keosauqua in the early fifties, removing a few years later to Des
Moines. He had been chief clerk of the Iowa House of Representatives and twice
Attorney General of the State. As a lawyer he then took the highest rank in the
profession. He served as judge only some ten months, resigning August 1, 1860.
There is no doubt he would have been nominated by his party with practical
unanimity and been elected, and there adorned the bench, but it happened that in
1866 there was a bitter fight in the Republican party over the Congressman for
the district. Judge Nourse could not keep entirely aloof from this. He was and
is a man of decided opinions and preferences; and let it be known he was opposed
to the re-election to Congress of Hon. John A. Kasson. In the convention Mr.
Kasson was defeated and Gen. G. M. Dodge, of Council Bluffs, nominated. The
judicial convention came but a day or two after. The friends of Kasson were in a
large majority in the conventeion. [sic] They were bitterly angry and Judge
Nourse was the victim of their wrath. His eminent ability and fitness for the
position was admitted by all, but he had not shown himself a friend of Mr.
Kasson and he must be punished. The convention set Judge Nourse aside and
nominated Hugh W. Maxwell, then of Warren County. Thereupon Judge Nourse
promptly resigned as judge and returned to the practice of law, in which he has
since been eminently successful. His retirement from the bench was certainly a
great gain to him in a financial way, and perhaps in many other respects.

   Hugh W. Maxwell was among the early settlers of Warren County, and
immediately previous to his appointment as judge on August 1, 1866, had served
for several years as prosecuting attorney of the district. In the October
election following he was elected judge, and was re-elected to the same position
October 8, 1870. He thus served as judge nearly eight and one-half
years—1866-75. He was a man of ability, with a good knowledge of law and very
firm and decided in most of his opinions. He was a strong prohibitionist, and
relentlessly used his judicial powers for the total suppression of the illegal
sale of intoxicating liquors. He had little mercy upon saloon keepers, and when
possible visited them with heavy fines and other punishments. And yet it is a
matter of history that more money, comparatively, was then made in this county
through the sale of intoxicating liquors then ever before or since! Judge
Maxwell was upon the bench during many exciting times in the history of the city
and county, and one of his very last judicial acts was the sentencing of Howard
to imprisonment for life for the murder of Johnson. And while Judge Maxwell was
being entertained by the Bar at a farewell supper, a mob of passionate and
determined men were making preparations which a few hours later culminated in
Howard's dead body hanging suspended to a lamp-post at the corner of the Court
House square. After his retirement from the bench Judge Maxwell continued for a
time in legal practice in Indianola and Des Moines. He then removed to the
South, remaining for a time in Southwestern Missouri, and finally spent a few
years in Arizona. Some three years ago he returned to Iowa and had but recently
opened a law office in Des Moines, when he was suddenly stricken down and after
lingering for a time died on October 12, 1894.

   John Leonard, of Madison County, succeeded Judge Maxwell as district judge,
having been elected to this position in October, 1874. He was then and is now a
resident of Winterset, where he had and has resided many years, and was
previously for one term of four year district attorney. He was a good lawyer,
and as judge gained a good reputation as an administrator of the law. He served
only four years, being defeated for re-election.

   William H. McHenry followed Judge Leonard on the bench, defeating the latter
in the election of October 8, 1878. Judge McHenry was one of the early settlers
of the county, first settling on Beaver Creek and afterwards removing to Des
Moines. He was of pioneer stock, and though in his youth he had not had the
educational advantages now so common all over the country, he, in youth and
manhood, embraced every opportunity for the acquisition of legal and other
knowledge. In his early days he was surveyor of the county, and served one term
as sheriff, being elected in 1853. A few years after he devoted himself almost
entirely to the practice of the law and built up a large and extensive
clientage. He was an ardent Democrat, and generally took an active part in all
political campaigns, and his many and original speeches were listened to and
enjoyed by many thousands of his fellow citizens. In many respects he was
original and unique, and he was always strong with the people. He was generally
present at all gatherings of the early settlers, and his presence is now sadly
missed. He served several terms in the City Council, and was the first mayor of
the city under its new charter and enlarged limits in 1857. For twenty years or
more there had not been a Democratic judge in the district, and when in 1878
McHenry became a candidate for the high position but few thought his election
was possible. But he was well known and popular in every county, and he was
elected by a good majority. And at the close of his term in 1882 he was
re-elected. The lawyers and others might criticise him, but evidently he had a
strong hold upon the people generally. His great sympathy for all men and women
and his kind heart, prevented, him from being a severe judge in the
administering of punishment to those found guilty of violating the law. He
always desired to temper justice with mercy, and desired the reformation more
than the punishment of the criminal. After retiring from the bench Judge McHenry
returned to the practice with his sons, William H. and Walter McHenry. Their
clients were many. Judge McHenry died in 1893, his death causing heartfelt grief
to his thousands of friends in the county in which he had lived and labored so
long and successfully.

   In 1868 a new Circuit Court, having civil and probate jurisdiction, was
created by act of the General Assembly. John Mitchell, of Des Moines, was
elected the first judge of the circuit in the same year, and was twice
re-elected, serving a continuous term of twelve years, the longest official term
ever held in the county. Judge Mitchell was born in New Hampshire in 1830, and
was a nephew of Thomas Mitchell, one of the first pioneers of the county.
Acquiring an excellent education in his native State and reading law for a time,
he came to Des Moines in 1856 and completed his preliminary legal studies in the
office of Finch and Crocker, and was admitted to the bar in August, 1856. He at
once commenced practice of his profession. In 1861 he was commissioned captain
of a company of cavalry in the State service, and served several months upon the
northern border. The same year he was elected a member of the House and served
for two years in the General Assembly during these days of the war and general
excitement. He was also a member of the City Council and member and chairman of
the County Board of Supervisors, and for some time was United States register in
bankruptcy for this Congressional district. As before stated, in 1868, he was
elected Circuit Judge and twice re-elected, virtually without opposition. He was
married in 1858 to Rebecca Anshultz, a native of Virginia. After his long term
as judge he returned to the practice, and in connection with Dudley & Brown
established a large and lucrative legal business. But Judge Mitchell in the
prime, as it were, of his power for work and general usefulness, was stricken by
disease and died in 1890. He was a good lawyer, judge, husband, father and
citizen, and the record of years made by him in the county was clean and stainless.

   Josiah Given succeeded Judge Mitchell as Circuit Judge, being elected to the
position in November, 1880, and afterwards re-elected. Judge Given was born in
Pennsylvania in 1828, of Irish parents, who, in 1838, removed to Holmes County,
Ohio. The future judge was dependent upon his own efforts for an education, and
for a time worked with his father in a country blacksmith shop. At the
commencement of the war with Mexico he enlisted as a drummer in recruiting
service, and after being rejected on account of his youth, finally mustered into
the Fourth Ohio Infantry, under Col. Brough, and was appointed a corporal. He
went with the regiment and served until the close of the war. Returning home he
commenced reading law in the office of his brother and J. R. Bancroft, now of
this city. He was admitted to the bar in 1850, upon motion of Edwin M. Stanton,
afterwards the famous war secretary. He was subsequently prosecuting attorney of
the county for two terms and won much legal distinction. In 1856 he removed to
Coshocton, Ohio, and practiced there until the breaking out of the Civil War. He
immediately threw aside his law books, organized Company K, Twenty-fourth Ohio
Infantry, and entered the service as captain. Served first in Western Virginia
and was promoted lieutenant colonel of Eighteenth Ohio, and was in several
severe battles with this regiment. Subsequently he was made colonel of the
Seventy-fourth Ohio, succeeding Granville Moody, the "fighting parson." He went
through the Atlanta campaign and a portion of the time was in command of a
brigade. Being completely disabled and the war drawing to a close, he resigned
and returned home. Afterwards he served two years as postmaster of the House of
Representatives at Washington. Returning home as soon as he could settle up his
business he determined to carry out a long considered desire of becoming a
citizen of Iowa. He came to Des Moines May 1st, 1868, and began the practice of
law. In 1869 he was appointed a United States deputy commissioner of internal
revenue, having charge of the division of spirits and fermented liquors. He
resigned this position at Washington in 1871 to accept the nomination of
prosecuting attorney of this district, and being elected commenced the discharge
of the duties of the office in January, 1872, serving three years. He then
returned to the practice until elected Circuit Judge. He was elected District
Judge in 1886, and in 1889 was appointed one of the judges of the Supreme Court
to till a vacancy, and was subsequently elected for a full term. He was
re-elected to the Supreme bench in 1895, where he now diligently and faithfully
serves the State.

   In 1882 the General Assembly gave an additional judge to the district, and in
November of that year William Connor was elected as said judge. The new judge
was a native of New York and had served gallantly as a volunteer during the war.
A short time after its close he emigrated west and made a new home in Des
Moines. He served for a time as justice of the peace, and was always a close
student of the law. Though comparatively a young man he ranked high as a judge,
bringing to the bench as he did his habit of close investigation and thorough
research. Judge Connor remained upon the bench until September, 1885, when he
resigned to become a member of the well known law firm of Gatch, Connor &
Weaver, of which he is now and has been for the past ten years a leading
partner, in practice before the District and Supreme Courts of Iowa and the
United States.

   Ripley N. Baylies was appointed by the Governor and served for a short time
as the successor of Judge Connor. He is a lawyer of ability, who came to this
county with his father from Louisiana when the war broke out. After retiring
from the bench he re-entered the practice and in a few years made a handsome
fortune by his connection with street railways and other public improvements. At
this time Judge Baylies is a resident of the city of Chicago.

   John H. Henderson, of Warren County, was elected circuit judge in November,
1885, and served as such until the court was finally abolished. He is a son of
Col. P. P. Henderson, the early settler and old soldier, who came to Warren
County at an early day. His son, the judge, is an Iowa boy, was a bright student
and became an able judge. He has since been judge in the district of which Waren
County is now a part.

   The General Assembly of 1886 remodeled the judicial system of the State by
abolishing the circuit courts and increasing the number of districts and judges.
Under the new system Polk County was made a district by itself, the Ninth, and
allowed three judges. At the first election of these judges in 1886, the
following were chosen: Josiah Given, William F. Conrad and Marcus Kavanaugh.
Judge Given resigned March 2, 1889, to go upon the Supreme bench and was
succeeded by Charles A. Bishop. The others served a term of four years, and
Judges Conrad and Bishop were candidates for re-election. Judge Kavanaugh was
not a candidate, having determined to remove to Chicago, where he is now engaged
in the successful practice of his profession.

   At the election held in 1890 the following gentlemen were elected judges:
William Conrad, Calvin P. Holmes and Stephen F. Balliet, who entered, upon the
discharge of their judicial duties in January, 1891. In 1894 the General
Assembly gave an additional judge to the district, and on March 12, 1894, the
Governor appointed to fill the place William A. Spurrier, who had previously
served as prosecuting attorney.

   There were four judges to elect in November, 1894, when the following were
chosen: William F. Conrad, Calvin P. Holmes, William A. Spurrier and Thomas
Stevenson. These are the present judges of the District Court of Polk County.
The senior is Judge Conrad, who has served continuously more than nine years,
and, as his re-election shows, discharged his onerous judicial functions to the
satisfaction of the people generally. Judge Holmes has also won much
commendation from all, while the younger judges have made a most excellent,
start in their work.

   As previously stated, the first court in Polk County was held in 1846, only
fifty years ago. Then a court, holding a few days' session twice in a year, was
sufficient for the legal wants and demands of the community. Now, fifty years
later, we have in Polk County four judges and each holding court continuously
for more than ten months of the year, and yet the people often complain of delay
on account of the multiplicity of business before these four judges, each
holding a separate court with all its legal machinery, and endeavoring to
dispose of the many hundreds of causes brought before them for adjudication and
settlement! And yet the people of today are hardly more litigious than they were
fifty years ago. The causes of this immense increase in litigation is rather to
be found in the extraordinary increase in population, business, railroads and
other matters incident thereto. But all must remark the great change wrought in
the comparatively short space of fifty years.


Additional Comments:
Extracted from:

ANNALS OF POLK COUNTY, IOWA,
AND
CITY OF DES MOINES
BY WILL PORTER.

"And this volume, dedicated to its people, sets forth in attractive style all
the facts and incidents that go to make up the history of which all citizens are
justly proud."
—Major Hoyt Sherman.

GEO. A. MILLLER PRINTING COMPANY,
PRINTERS AND PUBLISHERS,
DES MOINES, IOWA,
1898.

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