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CHAPTER V.THE FIRST SETTLERS. (Cont'd)From History of Audubon Co., Iowa (1915)
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THE LEWISES.Richard Meek Lewis, who married Elizabeth Lewis, sister of Hon. William Walker, was a carpenter, who settled in section 26, now in Exira township, and sold his place to Whitman Wilcox. It is now part of the Benjamin F. Simpson estate. They then settled and lived many years in Oakfield; moved to Sheridan, Wyoming; thence to Casper, Wyoming. He was a class leader and prominent in the Methodist church many years. He died at Casper. Before marriage to Mr. Lewis, Mrs. Lewis had a daughter, Malvina, who married Thomas Roland, who settled in Audubon county. Mr. Lewis died in Casper. He had two daughters, Josephine, who married H. Moffit, and Albertine, who married William Allan Hamlin. Thomas Shelton Lewis, married, first, Josephine B. Caylor, and, second, May Jorden. He was a farmer and a Democrat. He settled in section 25, Exira township. After the death of his first wife he moved to another place, about a mile west of his former home. He was the first county judge in 1855. In his official capacity he laid out the town of Dayton, as the first county seat of Audubon county, on July 9, 1855, on the land of his uncle, Rev. Richard C. Meek, the east half of the northwest quarter of section 22, Exira township. His first farm adjoined that of his brother, Isaac, and for many years they were embraced in Audubon civil township as the county was originally divided. The township was overwhelmingly Democratic and it was his fortune for many years to hold the office of justice of the peace; and he also often served as judge of election. In early times, before he was admitted to the bar, he figured in actions before justices of the peace and inferior tribunals. Some amusing incidents transpired relative to him in his legal capacity. Once he was counsel for a party sued on a promissory note. The defendant, under oath, denied his signature to the note, and the affidavit was prepared by Mr. Lewis. The proof was overwhelming that the signature to the note was genuine, and the man was afterwards prosecuted for perjury before John A. Hallock, justice of the peace, for making the false affidavit, the present writer acting for the prosecution. Mr. Griggs defended and the defendant made an affidavit for change of venue, in which he swore that he could not obtain justice before Mr. Hallock, or Mr. Harrington, or Mr. Smart, who were justices of the peace, or before any other justice of the peace in Audubon county, except T. S. Lewis. And the case was sent to Mr. Lewis for trial. Of course, the state could not obtain a change of venue from him. The defense attempted to exclude from the evidence the false affidavit of the defendant, in which he swore that his name signed to the note sued on was not his genuine signature. The trial took up a day and part of the night, and the contest was over the admission of the affidavit in evidence. It was repeatedly offered and admitted, only to be stricken out on objection of defendant's counsel, the court being too ready to accept any subterfuge offered. The affidavit was not only false, but it compromised Mr. Lewis, who had prepared and filed it for the defendant. The situation was uncomfortable for the court, as well as for the defendant. Finally the court suggested--I believed to assist me--"Mr. Andrews, state your question thusly." And the interrogatory was framed accordingly. Mr. Griggs apparently supposed that the court was about to admit the evidence, but, out of abundant obstinacy and force of habit, objected, supported by the usual harangue, when, to the amazement of every one present, the court sustained the objection to his own question, cunningly observing: "I suggested the question to enable the court to be consistent with its former ruling." The laugh was certainly on me with a vengeance. Uncle Charley Gray, a bright old lawyer, present, exploded with laughter, and said that it was the most ridiculous performance he ever witnessed in court. The prosecution was abandoned in despair. On another occasion, Mr. Churchill, of Atlantic, was trying a case before Mr. Lewis, where Mr. Griggs and John W. Scott were defending. The plaintiff sought to introduce the testimony of the wife of defendant against her husband, to which proper objection was made, and a heated discussion arose over it. The court ruled that the lady should answer, upon which Griggs directed the witness not to answer. But she said: "The court orders me to answer." "Never mind what he says. You are not compelled to testify against your husband. Observe my directions and I will protect you." The court informed Griggs that he was in contempt, and that he should fine him if he repeated his conduct. Mr. Griggs replied that he respected the court, but that he had utter contempt for his ruling, and the court fined him. The contest continued along the same hne until Griggs was repeatedly fined, when an adjournment was taken. During intermission Mr. Lewis and Mr. Griggs, who were personal friends, had a private interview, and when court convened "His Honor" announced: "I was not aware of the position of counsel in this matter, and the fines for contempt are remitted." Then Mr. Churchill interfered and objected to the order of court, when Mr. Scott took a hand, pointedly asked Mr. Churchill if it was any of his business, and offered to whip him on short notice. Churchill admitted that it was not his affair, and the case proceeded again, with ill temper between counsel. Another question arose and was discussed pro and con until the lawyers got weary and sat down, when the court inquired: "What is the question, gentlemen?" Years ago there was a place near the center of Audubon township, called "Indian Grove," from the fact that it was a large tract of burr oak trees, which were desirable for fence posts and were slyly sought and appropriated by some of the new settlers in that vicinity by "jayhawking" them. Mr. Griggs was employed to prosecute the offenders and proceeded to the scene of action, accompanied by the justice of the peace, Mr. Lewis, and the sheriff, Mr. Comrardy [sic Connrardy]. Arriving there, they surprised the trespassers at work and took them redhanded, cutting down trees and loading timber, causing a panic and stampede. Some of the bushwhackers escaped, but three were arrested, including a preacher, who in the "skeddadle" lost his plug hat and, in attempting to rescue it, was nabbed. Court was held on the field, occupying a stump for the forum. Fines and costs were assessed calculated to discourage further transgressions. The court and counsel returned well satisfied with their success. The affair was afterward styled "The Circle Court of Audubon County." Mr. Lewis was admitted to the bar along in the seventies. He moved to Atlantic, Iowa, where he died in 1904. His children by his first wife were, Emery V., who married Mary ____; Eliza, deceased, who married Thomas Adams; Eldora, who married, first, Roland Strahl and, second, Smith Burton; Marilla, married Bert Poage; Minnie, married Samuel Crane. By his second wife, Mr. Lewis became the father of Herman, Thomas S. and Todd. Isaac VanDorsey Lewis, carpenter and farmer, married Mary Jane White. He resided many years in section 26, Exira township, on the west side of the highway opposite from his brother, Thomas S., and, later, a short distance north in section 24. While living at this place, his house was burned. He has since lived many years with his son, Elbert, in section 22. He is a Democrat and has been a prominent citizen. He was one of the judges of election at the organization of the county, in 1855, and has been assessor, trustee, school director, school treasurer and county supervisor. He was a member of the first Methodist church society organized in the county, and the scribe, in 1855, and for many years a faithful worker and supporter of the church. A large amount of information concerning the history of Audubon county for this work was obtained from him. Mrs. Lewis died years ago. Their children are: Elbert, who married Elizabeth Slonaker; Edward, married Blanch E. Spry; Estella, married Ralph Hawk; Henry Clay, married Bertha Spry; William E., married Winifred Hawk; Malvina, married Charles Spry. |
