Polk County observer., September 21, 1915, Image 3

THE POLE COUNTY OBSERVES, TUESDAY, SEPTEMBER 21, 1915.
Interesting Early Day
Court History In Polk
sworn and chareed.by the court, prer
ious to entering upon their dutie8 as
grand jurors, to-wit: . Samuel Buren,
foreman; Thomas Hart, vvimam my
er, H. Hawkins, James J. - Holman,
Joshua Shaw. A. J. Doke, William
Morgan, John McCarty, T. W. Prath-
er, J. U Martin, S. x. uuiiam, nenj.
F. Nichols, N. Lee, C. D. Embree,
Ira S. Townsend and Ira P, Smith."
n
Between the same age-honored paper-board
covers that enclose the rec
ord of proceedings in Polk county's
first justice court, the provisional cir
cuit court, are the records of 64 years
ago, those interesting tabulations of
troubles and trials that were aired
in the first United States district
court to meet in Polk county. The
provisional county circuit court, cre
ated in 1846, was superceded in 1851
by the U. S. district court, the first
session of which was held in the
court house at Cynthian, the county
seat, beginning on October 6 of that
year and lasting throughout four
days. Judge A. A. Skinner had been
succeeded by 0. C. Pratt, United
States district judge for the second
judicial district ,of the territory of
Oregon. In the few years between
the establishment of the old provis
ional court and the creation of the
judicial district the territory had
gained many residents. The times
were those of -the rough olden days
of the west and are dead except in
the memories of a remaining dozen
trail blazers whose early lives have
uriched and made vivid the bulky
histories of nation and state. Today
only the offsprings of those pioneers
who figured in the courts of justice
of 1851 are alive to tell the stories,
but some few of these were boys in
their 'teens at that time and can re
call the names and faces of the law
yers, the judges and the other good
and bad citizens of the day. The
third and fourth generations, since
the men who were then prominent.
now conduct the courts, the politics
and the business of their sires on a
modern and increased scale made pos
sible only by the energies, the trials
and the triumphs ot that ancient per
iod of conflict. It is a pleasant his
tory to read, although in court rec
ords one must read largely between
.the lines to glean knowledge of the
hardship, the perseverance and the
crimes, if the three can be associated,
as they confronted Oregon territory's
first citizens 64 years ago. It is a his
tory of quick action, a life story of
men who staked their being on
brawn rather than brain; men whose
fences were defined by their guns, and
whose right to distinction was nil,
money having not the slightest influ
ence in controlling the destinies of
the community, the worth of a man
being measured by his ability to mind
his own business without personal
damage to his neighbors. Boots, ging
ams, overalls crackers, bacon and li
quor came under the head of general
merchandise, and cough syrup parad
ed on a high shelf in a funny pack
age; the doctor. had a high hat and a
grey beard, and the dentist was a peg
on the wall, while the little grave
yard "topped the neighboring hill."
Deer gamboled in the woods behind
the burn, and wheat was threshed
with oxen tramping 'round a corral.
Early Day Court.
But 'mid all this that was good, bad
and indifferent, an element of dignity
expressed itself in the efforts of the
scattered settlers to control the hu
man equasion, to bring law into the
land, through the establishment of a
court of justice that as at all times
worthy of the title. The first expres
sion of this element was in the crea
tion of the old provisional court, and
as greater legal knowledge was ac
quired, and lawyers from other parts
of the comitry drifted this way to
cast their various lota with Oregon's
honorable pioneers, it took on. added
dignity and distinction under the title
of the "District Court of the United
States of America, for the Second Ju
dicial District of the Territory of
Oregon." The trials and hearings in
that court, beginning with October
1851, were, though perhaps on a
smaller scale than in larger commu
nities, organized and executed accord
ing to laws prescribed by the federal
government; they imparted justice in
the fullest meaning of the word, giv
ing everything from freedom to death
in the first two years of the operation
of the court, disposing of the case at
band as its evidence demanded. Judge
O. C. Pratt was the first district judge
to sit in Polk county. Tae county
neat and court house were then at
Cynthian, a small settlement of farm
ers housed in homes and stores of
rough fir shakes, and rudely bewn
lumber from the great trees that cov
ered the hills. John E. Lyle, who was
the first court elerk of the provisional
court, continued in that position in
tlie district eonrt and bis records are
plain, well-written, and very readable
expositions of the proceedings. In the
volume containing these records on
its blue pages Mr. Lyle noted the
opening of the first session of the
district court in this way:
" Be it remembered that at a term
of the district court of the United
States, in and for the county of Polk
and territory of Oregon, began and
bolden at the court house in Cyn
thian, within and for the eonnty of
Polk and territory aforesaid, persu
ant to the statute in aneh ease made
and provided, on the first Monday of
October, the aaire being the sixth day
of October, in the year of our Lord
one thousand eight hundred and fifty
one: Present the honorable O. C.j
Pratt, judge of the said court, eonrt
was opened in due form by proclama
tion, after which the sheriff returned
into court the venire previously issued
for a grand jury. Thereupon the fol- j
loving named persons were duly irn-,
panelled, as well on behalf of the!
United States as for the territory, j
Some Cases Tried.
John H. Lewis, sheriff of the pro
visional court, was considered and ap
pointed to the position of bailiff by
the new jury for this occasion. Among
the first hearings by tuis jrpy, no
before Judge 0. C. Pratt, were those
:hat admitted to practice law in the
secondjuidicial district James McCabe,
' ' an attorney of record in the state
of Michigan," Benjamin F. Harding
and A. B. P. Wood, both of Illinois,
and J. W. Nesmith and William G.
T. Vault, (or W. 0. T.. Vault) Nes
mith and perhaps Vault also, had
practiced their profession before the
provisional court. The court, at its
first session, granted naturalization
papers to William Myer, one of the
jurors, on the testimony of Silas Mil
ler and John Orchard. The certifi
cates and oath of allegiance to the
stary banner were also given to B.
Ritner, Swiss, and Francis Moffet,
British. Nathaniel Ford was appoint
ed court crier and special constable
to relieve the sheriff who was absent
so much of the time in the execution
of his duty. The sheriff of the coun
ty was the same who had held that
position during part, of the life ol
the provisional court, Benjamin F.
Nichols. Joseph L. Meek was at that
time United States marshal for the
district. Among the first cases tried
were those transfered from the docket
of the provisional court to the dis
trict court, and included those of
William Wilson vs. Nathaniel Ford,
Thomas Reed vs. David D. Stroud,
Stephen Jenkins vs. H. C. Lewis,
James Taylor vs. A. Liggett, Major
Horner vs. Nathaniel Ford, Isaac
Flint vs. Sarah E. Flint, Charles Mar
tin vs. William Bowman, (selling li
quor to an Indian, carried on provis
ional docket for long time,) and Jes
sie Lovelady vs. Marietta Lovelady.
Oregon vs. Nesmith.
To recall to mind the first case on
the regular docket of the district
court will perhaps be amusing to
those few who still live from that
time, and interesting to any who
knew the principals in their latter
years. This was the case of the
territory of Oregon vs. J. W. Nesmith
and Henry C. Owen. Owen was in
dicted by the provisional court, sev
oral years before this time, for "giv
ing ardent spirits to an Indian," and
Nesmith, who lived near Dallas for
many years after this trial, and un
til his death a few years ago, had
been admitted to practice law on the
first day of this same session of the
district court. Owen was also an at
torney, and the two were character
istic men of their time, intellectual,
yet as commonly good and worthy as
the soil that produced their living.
It was a day of socialism in the ter
ritory; men had strong. blood in their
veins and much marrow in their
bones. Though they were superior to
some in intelligence, as these two men
seem to have been, or had more of the
gold of the realm, it offered them no
exenso to be better than their brotn
er, and gunman, gambler, judge and
preacher clasped hands on common
ground. They were like a keg of
nails, one as good as another. The
rraml jury of 1851 indicted J. W.
Nesniil.ii, (grandfather of the present
congressman, C. A. McArthur, and
himself a United States senator,) and
Henry C. Owen "for playing at a
eninc of cards for an article ot value,
(the same being money.) m a certain
store, said being a public place."
NesmilhandOwen pleaded guilty to the
charge of gambling and were fined
$2(1 each, which it appears they paid
at once. A levy of faO was made
"against the several goods and chat
ties" of the two men. and they were
bound to their good behavior for a
term of one year. "Now if they and
each of them," say the records,
"shall respectively abstain from the
commission of a similar offense for
one year from this date then this ob
ligation will be void. Otherwise it is
to remain in force." Immediately
after this trail was over John H. Lew
is, bailiff of the eonrt, and J. W.
Nesmith, just fined for gambling, and
on probation for one year, were ap
pointed by the court to serve as coun
ty commissioners, showing, if nothing
else, that the times were pretty free
and easy, and that gambling was not
mueb out of the ordinary for the
prominent citizens of the day, but
being caught at it cost money, trib
ute to the court of law.
The first record book containing the
nroeeedings of the original Polk coun
ty eonrt. the provisions! circuit eonrt,
and those of the United States dis
trict eonrt, take the former from its
beeinning to its end. and the records
of the latter are inscribed from 1851
to 1865. and therein are many eases
mentioning the names of old timers
in this section, and their connection
with every imaginable eharee from
divorce to murder. The second ses
sion of the district eonrt was held in
April of 1852. and was practically
turned over to tnnrder trial. The
records are interesrinr and huwly
amnnii; if one can read between the
lines, where are registered that.
wealth of little things that make life
worth the living.
MEAGER CROP INDICATED.
Greater Portion of Hop Harvest Com
pleted Near McMinnviUe.
With the greater portion of the
meager crop of hops in Yamhill coun
ty this year under cover, a 50 per
cent yield is indicated. W. L. Hem
bres, owner of a splendid hopyard
near McMinnviUe, reports that his
yard of 15 acres that last year pro
duced 14,000 pounds, has yielded only
6,000. This was the best out of four
yards picked by the same crew. The
Tom Rogers yard, that last year yield
ed 18,000 pounds, will make about
5,000 pounds. Other yards have run
in about the same fashion. The George
Ball yard, near Ballston, which usu
ally requires two weeks to harvest,
was cleaned in five days. '
A Willamette river bottom yard,
owned by Walter Kirkwood, had nine
kilns this year, compared 'with 14 in
1914. . The old Schumate yard, near
Whiteson, managed by John Hackett,
Jr., has 18 acres of hops, all sprayed
early. It will produce perhaps 75
per cent of last year's yield, accord
ing to hop experts visiting the field.
i
SKIMMER OBSERVES.
......
That some of the "old boys" can
give some of the younger ones ' ' cards
and spades" and then Beat tnem out,
If vou don't believe it, see now
gracefully Abe Uglow svts that bi
cycle and with what ease he manipu
lates it.
That for the convenience of the
residents on the east side of Chiirch
street, near Mill, and in keeping with
perfect uniformity of things in the
city, the council or the street com
missioner, or whoever the duty tie
volves upon, to see that the gap in
the sidewalk is made good.
That the ladies who go out in the
bie car should see that the1 same is
supplied with sufficient gasoline to
assure their return home the same
night they start, or get a Ford ma
chine.. It is embarrassing to oe com
pelled to sit in a car by the roadside
all night, or be compelled to walk
home.
That you "cant tell how far a frog
can lump from the looks ol mm.
F 'r instance : Dean Collins is one of
the most ordinary looking individuals
vou ever saw: and yet he possesses
one of the brightest intellects in Ore
gon; and Dallas and Folk county are
mighty proud of their native Son.
That he has no particular objection
to fellows shooting pheasants out of
season ; but would be much obliged to
them if they would be a trifle careful
to see that there is no one in line with
their shooting. To be peppered with
bird shot is all-tired objectionable, to
not sav uncomfortable.
, That the hill lands about Dallas
that can be bought for $2o to $50 an
acre produce more and better fruit
than the high priced lands of the val
ley or state, and he doesn't believe
he's posing as a crank when he says
he thinks people very foolish to pay
fancy prices for land upon whioh to
plant orchards.
That when Doc. Cherrington, Bill
White or Frank H. Morrison say they
could beat that Winchester woman
shoot, they've got another guess com
ing. Standing with her back to the
target, with a mirror in front of her,
any one of the three would not know
he had been to a shooting match when
he got through.
That he can't see why citizens are
talking so much about going to the
trouble and expense of macadamizing
Court street from Hayter west to the
bottling or soda works; that it's a
part of a street and had a right to be
improved as well as any other, even
if it is not traveled by but one or
two parties. SKIMMER.
WOULD RECALL JUDGE BUSHEY
Petitions Will Be Circulated In Mar
ion County Soon.
And now comes the information
from Woodburn that, owing to dis
satisfaction with the manner in which
county affairs are conducted in Mar
ion county, a movement has been in
augurated to recall Judge Bushey.
The Woodburn Independent says the
principal allegations against the judge
are "general mismanagement of
county affairs; improper expenditure
of county funds; fight against grant
ing widows ' pensions ; improper hand
ling of road funds; temperamentally
unfit and lets his passion and preju
dice blind him, and his fight against
the district attorney."
It is expected that petitions will be
out within a few days, and this au-J
thoritv believes that they will meetl
with hearty reception. There is no
one mentioned to supplant Judge
Bushey.
Polk Raise Good Cora.
A. H. Dodd broueht some fine spec
imens of corn to the News office Wed- j
nesday that he had raised on his
farm, one mile and a quarter north-;
east of Falls City. The corn is of the j
Flint variety and matures quickly.
The ears measured 11 inches long. 6
inches at the small end and 7 inches:
at the large end. containing 8 fully
developed rows on the cob. This is
excellent corn and shows what Polk
county can produce. Falls City
News.
JOIN THE ARMY
JOIN THE ARMY OF PEOPLE
WHO USE
A.D.S. PeredixoTooth
Paste
AND HAVE CLEAN WHITE
TEETH
IT IS NOT ONLY THE BEST
CLEANSING PASTE BUT
HAS POWERFUL
BLEACHING
QUALITIES
Best for School Chil
dren FOR SALE AT
MANOCK'S DRUG STORE
DR. TOEL
ELECTRO-THERAPIST
AND
ELECTRO-SURGEON
DALLAS, ORE.
FOUR YEARS STUDY AT
GERMAN AND SWISS
UNIVERSITIES AND THE
LARGE HOSPITALS OP
LONDON, ENGLAND.
OVER THIRTY YEARS
EXPERIENCE IN HIS
SPECIALTIES. ' r
Office, 619 Washington street,
one-half block east of the S. P. depot,
from 9 a. m. to 12 noon, 2 to 5 p. m.,
7 to 8 p. m., Sunday 10 to 1 p. m.
Telephone 1303. .
Specialties: ,
CANCERS
AND
1A
IffiMA"
WE FOUND ITYOU TRY IT
Guy Brothers have purchased a full carload lot of
EUREKA STUMPING POWDER
manufactured especially for use in clearing land of stumps, shoot
ing ground preparatory to tree planting, breaking np hard pan and
subsoUing or deep cultivation. , .
HIGH EFFICIENCY SLOW ACTION LOW FREEZING QUAL
ITIES FREE FROM NOXIOUS GASES STABILITY AND
SAFETY. ,
The Best Powder on the Market
AND WE HAVE AN ENTIRE CARLOAD LOT ON HAND
Another Carload of Revanoc Fencing
DUE TO ARRIVE EARLY IN OCTOBER
GUY BROTHERS
DALLAS, OREGON
TU M 0 R S When School Opens
No knife and loss of blood. No
plasters and pain for hours or days.
POLYPUS, GOITRE,
PILES, FISTULA,
DISEASES OF
WOMEN
NOSE, THROAT, LUNGS
SKIN
Kidneys, Bladder, Prostate,
Liver, Stomach, Bowels,
' Nervous Diseases,
Gout, Rheumatism.
OZONE
INHALATIONS
CONSULTATION FREE
UNDER NEW
MANAGEMENT
THE COZY CORKER
ICE CREAM CANDY CIGARS
TOBACCO
B. R. REED
COURT STREET.
Planning New Industry.
The government of Japan is plan
ning to start a factory for the pro
duction of carbolic acid from coal tar.
Incidents are sidelights. i
CityTransfer
W. R. COULTER, Proprietor
The world moves itself;
We move anything else
Piano and Furniture Mov
ing a Specialty
Stand Kersey's Confec
tionery. Phone 1061
Residence Phone 1202
W. E. Greenwood. Mgr.
G. Stolts Company, Props.
Dallas Soda Works
Manufacturers of Soft Drinks
Telephone 703.
422 Ellis Street
Mitli
Every student, to be properly equipped, should carry
Parker "Press the Button" Safety Self Filling Fountain Pen
THE FULLER PHARMACY
' Sole Agents in Dallas
Star Transfer Co.
WE MOVE ANYTHING
THAT IS MOVEABLE
PROMPT SERVICE
G. A. & L C. MUSCOTT & A. P. STftRR, Preps.
Phone Stands: Webster's Confectionery Sll Ellis' Confectionery 1062
Barn 1074
7
W
' Here's Praise From Boyville
Gee, but I'm glad mother has a
G-E Radiant Toaster
I just LOVE tout when it isn't tough an'old an' all
burned. There used to be a time when Mother lifted the
Jid off the stove an' had to stan' there and blister her
fingenholdin' apieceof bread, witha fork, over the coals.
Wasn't hot when I got it either, 'cause she made
tip a whole lot at oncet.
I've learn 'd to make my own toast before I go to school
in the mornin'. It's FUN, that's what it is, and say,
fellers, its 8-O-M-E Toast '
Vou justooghttogetyour
dad to look at one of those
toasters, hell buy it all right I
They're on sale at
Inrr.Uc.te Our Reduced
Cooking and Hetln Rate.
OREGON POWER CO.