CHAPTER XI CASS COUNTY COURTS (CONT'D)
DISTRICT COURT.
Upon organization, Cass county became a part of the sixth judicial district, then composed of twenty-seven counties, extending from Minnesota to the Missouri to the Missouri line, in the western part of the State. At that time Allen A. Bradford was the judge, having been elected to the bench on the 4th of April, 1853, having served for a short time previously, by appointment, and having succeeded James Sloan, the first judge of the district, who had resigned.
On the 20th of April, 1854, at the regular time for holding the district court, C. E. Woodward, the clerk, received the following missive, which he read to the assembled court:
"Whereas, the Legislature of the State of Iowa, at its last regular session, did fix the term of holding the spring term of the district court of Page, Taylor, Adams, Union, Guthrie and Cass, in the sixth judicial district of the State of Iowa, all in the first three weeks of the month of April; and whereas, it is impracticable, on account of distance, to hold all of said courts at the time so fixed; therefore, being unable to hold the said court in the county of Cass on the 20th of April next, the time so fixed, I do hereby order and direct that said court be adjourned to Monday, the 22d of May, A. D. 1854, at 9 o'clock in the forenoon, as provided by section 1583 of the code of Iowa."
"Given under my hand, at my chambers in Sidney, this 28th (?) day of April, 1854."
This was signed by Allan A. Bradford, judge of the sixth judicial district.
The clerk adjourned the court, in obedience to these instructions.
On the 22d of May, 1854, the court met of Myer's hotel, at Lewis pursuant to adjournment and Judge Bradford was upon the bench. O. O. Turner, the sheriff, and C. E. Woodward, clerk, were also present. S. M. Tucker, the pioneer lawyer of Cass county, presented a license from an Ohio court, admitting him to practice in that State, and asked permission to practice at the Bar in this State, and by order of the court was ordered to be enrolled as an attorney of this court. The first case upon the docket was that of David W. Wellman,
versus William Wood. This was an appeal from a justice court, and involved the question of the right of replevin. A jury was summoned to try the case, the first regular panel in this county and consisted of the following named: John Van Houten, E. W. Buckwalter, A. B. Dowell, Samuel Peets, II. J. Barnes, L. McCarty, I. M. Watson, A. Jessup, G. I. Chizum, Henry Michael, W. N. Dickerson and George Reeves. After due deliberation, and a full hearing of the facts in the case, this jury brought in a verdict for the plaintiff.
The first divorce case in the county came up for trial at this term. It was that of Frederick Richardson.
vs. Elizabeth Richardson. The defendant was called in open court, and came not, and proof being offered of due notice being given by publication, and the facts in the case being presented to the court, the decree dissolving the matrimonial tie was made by order of the judge.
On the 21st of September, 1854, another term of the District court was held by Judge Bradford. At this term, H. K. Cranney was the clerk and John Consion, the coroner acted in the place of the sheriff. Three cases were heard, when the Judge adjourned the court to a special term, to be held in November.
When the time for special term had come around, on the 21st of November, the clerk received a notice from the judge, adjourning the court until December.
In accordance with the adjournment, court met in December, 1854, when a grand jury was summoned, the first in the county. This consisted of the following gentlemen: Henry Michael, G. I. Chizom, George Shannon, Peter Hedges, E. W. Buckwalter, Mason Gill, B. Garvin, William Stewart, George Walker, J. W. Krewson, William Frost, Isaac Moore, Richard White, A. B. Dowell and Leonard Everly. After deliberating this body returned one indictment, for assault and battery with intent to commit murder.
In April, 1855, Judge Bradford having resigned the office, E. H. Sears, who had been appointed by the governor to fill the vacancy, appeared and presided over the regular spring term. There being no prosecuting attorney present, the judge appointed S. E. McCracken, to fill the duties of that office. R. D. McGeehon was appointed special constable for the term.
At the regular term in October, 1855, there were present, E. H. Sears, judge, Charles Baldwin, clerk, and Robert C. Gordon, sheriff. A grand jury was empaneled, consisting of the following gentlemen, the first thing after opening court: David C. Casper, William Judd, William E. Porter, Amasa Chapman, Jacob Headley, H. K.Cranney, Jeremiah Johnson, Charles Jackson, Zadoe Stewart, Jesse Eller, Moses Martin, Albert Wakefield, Nelson T. Spoor, Edmund Manly, and A. J. Millslagel. William Judd was appointed foreman. Case number one, before this court was one entitled: State of Iowa,
vs. Thomas Meredith and John Carothers, which on a hearing was recommitted to the grand jury, for a rehearing. The first civil case that came up for a hearing was that of Clayborn Marion,
vs. George Clark, which appears to have been a suit brought for the recovery of money due. A jury was called for the trial of the case, consisting of the following mentioned: Henry Michael, Jeremiah Bradshaw, V. M. Bradshaw, James W. Benedict, John L. Peather, William Chapman, Thomas Rogers, Lorenzo Teague, Philander Cranney, George R. White, R. D. McGeehon, and Frederick Richardson. Two bailiffs, George W. Wakefield and William Conrad were sworn in, and after a due hearing of the case, the jury retired in their charge. On returning, a sealed verdict was handed to the judge, giving the decision of the jury, in favor of the plaintiff for the sum of $275.17, and costs.
At this term of the court, there appears to have been two attorneys present, M. L. McPherson, and John Leonard, both of whom have since held exalted positions.
The next term of the court was held in April, 1856, when the same officers were present. Most of the cases were of a civil nature, although there were a few State cases, but they were mostly continued.
At the October term of 1856, E. H. Sears, was still the judge of the district and was present. There being no prosecuting attorney present he appointed Jas. M. Dews, to fill that office. Charles Baldwin, clerk, and Robert Gordon, sheriff, were both present, also. At this term, on motion of Thomas R. Johnson, Thomas Haycock was ordered to be enrolled upon the list attorneys.
Hon. E. H. Sears, who had been Judge up to this time, belonged in Fremont county. He was appointed to the office, by the governor, on the 9th of January, 1855, to succeed Allan A. Bradford, of Fremont, who had resigned. He qualified for this office on the 1st of February. On the 2nd of April, of the same year, he was elected by the people to the same office.
On the 6th of December, 1856, by act of the General Assembly, Cass county was detached from the sixth, and made a part of the seventh judicial district, which then embraced the following counties: Shelby, Harrison, Pottawattamie, Audubon and Cass. Samuel H. Riddle, of Council Bluffs, was the presiding judge, when this county took its place in that district.
In April, 1857, at the time of the regular term of the court, Charles Baldwin, clerk of the courts, opened the court, and read a note from Judge Riddle, saying that he would not be present, and ordering the clerk to adjourn the court until the third Thursday in June, 1857, which he did, but on that time coming round, the judge still was absent, and the court was adjourned by the clerk, sine die.
At the October term of 1857, Judge Samuel H. Riddle, put in as appearance, for the first time in this county, and assumed his place upon the bench. There were present in his court, Charles Baldwin, clerk, and John Keyes, sheriff. There being no prosecuting attorney present, the court appointed M. L. McPherson, to act as such. It was at this term that James W. Brown was admitted to the bar on the motion of John Leonard.
On the 26th of April, 1858, a term of the district court was opened, when there were present, S. H. Riddle, judge, Charles Baldwin, clerk, and John Keyes, sheriff. This was the last term at which Mr. Baldwin occupied the position of clerk, having been drowned before the next meeting of the court.
Judge Riddle, also, a term of this court commencing October 25, 1858, Cass county still continuing in the seventh district. A good deal of business was on the docket for this term.
Judge Samuel H. Riddle was appointed to the office of the judge of the seventh judicial district, by the governor, on the 14th of June, 1853. On the 3rd of April, 1854, he was elected by the people, and served until the district was abolished by law, in 1858. He belonged in Council Bluffs, Pottawattamie county.
By the reconstruction of the districts under the constitution of 1857, in 1858, Cass county became a part of the third judicial district, which was composed of the counties of Adams, Clarke, Decatur, Fremont, Mills, Montgomery, Page, Pottawattamie, Ringgold and Union. E. H. Sears, of Fremont county, was elected judge, October 12, 1858, and served until the 1st of January, 1863. The first term which he presided over, for Cass County, was the January term in 1859. This was opened on the first day of that month and year, with Judge Sears on the bench. E. W. Henderson, clerk of the courts, and John Keyes, sheriff, were at their post of duty. R. B. Parrott, the district attorney, was also present. It was at the July term [of] this court in 1859, that the first "final papers" of naturalization are recorded to have been issued. The parties who came forward and renouncing their allegiance to any foreign power, king, prince or potentate, took upon themselves the duties and responsibilities of American citizens, were Charles Helwig, of Prussia, and John Aldermoss, of Bavaria. John L. Mitchell made application to this court for admission to the bar. Whereupon, J. A. Hanly, D. H. Solomon and J. W. Brown were appointed a committee to examine the qualification of Mitchell, and after doing so, and reporting favorably regarding the same, a certificate was ordered to be issued to John L. Mitchell, as an attorney before the courts of Iowa.
In October, 1862, James G. Day was elected to fill the position of judge of this district, and on the 1st of January, 1863, be assumed the judicial ermine. His first term in Cass county was held in January, 1863, commencing on the 22nd of that month. C.E. Millard was district attorney; William Waddell, clerk, and John Keyes, sheriff.
On the 27th of January, 1864, Cass county was detached from the third, and made a part of the fifth district, then embracing the counties of Adair, Audubon, Carroll, Dallas, Greene, Guthrie, Madison, Warren and Polk. John H. Gray was the presiding judge at the time. His first term in Cass county commenced on the 14th of April, 1864. Judge Gray was a citizen of Polk county, and died October 14, 1865. B. F. Murray, of Madison county, was elected district attorney October 12, 1858, and served until the 1st of January, 1865.
Charles C. Nourse, of Polk county, succeeded Judge Gray, having been appointed by William H. Stone, the governor, to fill the vacancy. His first and only term in Cass county commenced April 12, 1866, when his commission as judge was read in open court. He only occupied the bench for a short tie, resigning August 1, 1866. He is now engaged in the practice of law in Des Moines, and his name was prominently before the convention for the office of supreme judge.
The next judge of the fifth district was H. W. Maxwell, of Warren county, who had nearly finished a term as district attorney. He was appointed to fill the vacancy from August 1, 1866, and in October of the same yea the people ratified the choice by electing him to this honorable office. His first term in Cass county commenced October 18, 1866. At that time Col. S. D. Nichols was the district attorney; William Waddell, clerk of the court, and V. M. Bradshaw, sheriff. It was at the April term of 1867, that Julian Phelps and H. E. Griswold were admitted to the bar, in this court.
By an act of the Fourteenth General Assembly, in 1872, Cass county was associated in the new thirteenth district, with the counties of Fremont, Mills, Audubon, Pottawattamie, Crawford, Shelby, Carroll and Greene. In that year, J. R. Reed, of Pottawattamie county, was chose district judge, and H. K. McJunkin, of Mills county, was elected district attorney. Judge Reed held his first term in this county in May, 1873, commencing on the 5th of that month. J. K. Powers was the clerk of the court, and E. E. Herbert Sheriff. Judge Reed was re-elected to this office in 1876, and in 1880, and remained upon the bench until January 1, 1884, when having been elected one of the judges of the supreme court of Iowa, he resigned the inferior position. The governor thereupon appointed C. F. Loofbourow of Cass county, the then circuit judge, to the vacant seat upon the bench of the district court, a position which he now occupies.
Judge Charles F. Loofbourow stands among the most prominent men to Cass county, or indeed, in southwestern Iowa. He is a native of the Buckeye State, having been born in Knox county, Ohio, September 4, 1842. His father, John W. who was a millwright by trade, was of English-German descent. He died in Licking county, Ohio. His mother, Mary (Plumb), was of an American family, her parents being Connecticut people. Charles F. spent his early boyhood days in the village of Batemantown, Ohio, and from there went to Chesterfield, Warren county. Here he received his common school education, and having a natural taste for the law, he borrowed law books, and commenced the foundation of his legal learning. On the death of his father, the care of the family, including four sisters and a younger brother, devolved upon him, in addition to the task of preparing for his entry to the bar, and his duties as teacher, by which means he earned his support. In 1865 he decided to remove to Iowa, and in the same year took up his residence in Marshall county, where he obtained employment at clerking in a store. He also studied law there with Henderson and Binford. The first named member of this firm is now judge of that district. He spent two years studying law there, one year with the firm mentioned, and the remainder of the time at his home. As a result of his labors, he was admitted to practice by Judge Chase, of Webster City, in the spring of 1868. He then started out to find a location, and soon brought up in Lewis, this county. Here he stayed about three weeks, and failing to find office room, went to Grove City, which, at that time, was thought to be the place where the Rock Island railroad would locate its station. That was in the summer of 1868. He opened an office in Grove City, but, finding that the hopes for the future of that town had been shattered by the starting of the new town of Atlantic, he removed to this place, and was among Atlantic's early attorneys, coming in the spring of 1869. He soon attained a flattering practice, and took his position in the front ranks of the profession. In 1876 he was chosen by the Republican convention as the candidate of the party, for the position of circuit judge, and at the election of that year received a very largely majority of the votes of the people. This position he held for seven years, at the end of which time (January 1, 1884), he was appointed by Governor Sherman to the district judgeship of the thirteenth district, to fill the vacancy left by Judge Reed, when he was advanced to the supreme bench. He has been again elevated to the position of the judge of the thirteenth district, at the November election, 1881. In the Masonic order he is a Knight Templar, and was Master of the Blue Lodge here a number of terms, besides holding all the other principal offices in that lodge. He is comfortably supplied with this world's goods, having considerable property in Cass county, a pretty residence at the corner of Fifth and Oak, the grounds covering a quarter of a block, and other property. He is also a stockholder in the Cass county bank. Judge Loofbourow was in the service of the Union during the civil war, having enlisted in company I, 136th Ohio, in the hundred day service. At the expiration of this time, he applied for re-enlistment, but was rejected on account of disability. He was married in the spring of 1870, to Miss Hannah Hodgkins, a native of New Hampshire, but reared in Massachusetts. They have four children, all boys, whose names are---John W., Chas. F., Jesse H and Leon L.
Transcribed by Deb Lightcap-Wagner, February, 2014 from: "History of Cass County, Together with Sketches of Its Towns, Villages and Townships, Educational, Civil, Military and Political History: Portraits of Prominent Persons, and Biographies of Old Settlers and Representative Citizens", published in 1884, Springfield, Ill: Continental Historical Co., pp. 374-379.