History of Linn County Iowa: From Its Earliest Settlement to the Present Time [1911]Brewer, Luther Albertus
History
History of Linn County Iowa: From Its Earliest Settlement to the Present Time [1911]
Brewer, Luther Albertus
Linn County (Iowa) -- Biography; Linn County (Iowa) -- History; Registers of births, etc. -- Iowa -- Linn County
The first survey was made in 1838, being all of Jones county and
townships 84, 85, and 86 north, in range 5, west, in Linn county. This
was made public in the newspapers and many settlers came in, taking the
best lands that had been surveyed and squatting on the other land which
they knew would soon be open for settlement. Linn Grove was an ideal
place, and here in an early day a large number settled. The sale of
lands in the county was advertised to take place in January, 1840. On
account of the difficulties of transportation, the settlers petitioned
to have the same postponed until the summer of that year, which
petition was granted. George Greene, who had been a school teacher near
Ivanhoe and even at that time was a man of no ordinary ability, was
asked to see what could be done in changing the place from Dubuque to
Marion. Mr. Greene volunteered to go to Washington and lay the matter
before congress, or the men in charge of the land department. After
some time he succeeded in his mission and won the grateful respect of
his fellow pioneers, saving them a great deal of money. Thus, for a
time, Marion was a United States land office, and the people of Linn
county who had little money to spend could claim their lands without
much trouble.
THE FIRST COURT HOUSE IN THE COUNTY
The first court house built in the county was a log structure for the
use of the pioneers. This structure was erected during the years 1840
and 1841. As there was no money in the county treasury and as the court
house was needed, the settlers donated their labor. They cut the logs,
hauled them to Marion, and constructed the building, the roof being of
shakes and the floor of puncheons. Among those who helped erect this
first seat of justice were James and John Hunter, the Stambaugh
brothers, James and Elias Doty, and others. The first case, it is said,
tried in this court house was one brought against James Doty for
jumping a claim on the west side of the river, adjoining the claim of
Robert Ellis, the question being whether or not a man erecting a bark
building and claiming the land had complied with the law. The jury was
impaneled and a trial had which lasted for some time. When the case
went to the jury the judge and all vacated so that the jury could use
the small room in arriving at a decision. The jury was out the
afternoon and all night, and at ten o'clock the next morning they
reported that they were unable to agree. During all this time they had
had nothing to eat, and the water they had to drink was very poor. Upon
this jury sat James Hunter, one of the first settlers of the county,
who was the only stubborn one to hold out in favor of Doty. He used to
tell later that he felt that he could never look James Doty in the face
if he should consent to such a verdict as the other eleven had framed
up against him. The case was tried at a subsequent term when the jury
decided in favor of Doty, to the effect that while he was later than
Public-domain text, read in full here on John Shaqi.
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