Chapter 18 cont. "The judge and the parties to the suit are all dead and gone.  The justice, now a venerable old man, is still a good citizen of Davenport.  Mr. McGregor, having retired from farming several years after the time hereof written, moved into the city and established a law office, and in time drifted into the banking business.  Speaking of Mr. McGregor, it may be in order to relate a practical joke in which he and Ebenezer Cook had a slight interest.  Mr. McGregor being away from Davenport awhile, sought to surprise his friend, Mr. Cook, who, going to the postoffice one day, was surprised when Postmaster Eldridge handed him out a considerable package, on which the postage amounted to $5.40 cents.  Postage was not prepaid then as now.  The parcel was from Pekin, Illinois.  Mr. Cook looked it over in astonishment.  He knew no one at Pekin; the handwriting, moreover, was not familiar.  He was not a Rothschild, and $5.40 for the single item of postage was a good deal of specie.  After much hesitation and not without some misgivings, he paid the postage and opened the package.  Pebbles and sawdust! that and nothing more, save a mere scrap of writing, which revealed the identity of the sender.  Whether Mr. Cook ever retaliated or not is not known." The cases already mentioned pertained to the first day's session of the district court of the county of Scott, territory of Iowa.  A grand jury had been called, also a petit jury, and the machinery of the court placed in running order, though the petit jury venire had not been returned when the court adjourned for the day, on the 4th day of October, 1838.  The court convened the next morning.  The first case on the docket was that of William Gibbons vs. Otis Bennett, entitled "Trespass in the case" - probably a "claim jumping" case, involving as the plaintiff swears in an affidavit for bail, about $700.  The parties were Clinton county people, that county being attached to Scott for judicial purposes.  The noted firm of Rorer & Starr, of Burlington, appeared for defendant.  Plaintiff nonsuited and the order of the court entered up "that the defendant go hence without delay, and recover against plaintiff the costs by him, about his defense, in this behalf expended."  Whether he ever succeeded in getting even with said plaintiff is not recorded upon the papers at hand.  The court papers fail to show the name of the plaintiff's attorney, if he had any.  Of the defendants, Mr. Rorer was regarded as one of the first judicial minds of the commonwealth.  Mr. Starr is dead.  When the lamp of his life went out one of the rarest, brightest intellects of the state was taken. Some very important business was transacted on the second day; for on motion of Gilbert C. R. Mitchell, W. B. Conway, the first territorial secretary of Iowa, James Grant and J. Wilson Drury were admitted to practice at the Scott county bar.  Conway, during his short residence here, took up the quarter section now known as the Camp McClellan tract.  He died in Burlington, the territorial capital, the following year, 1839.  His body was brought to Davenport for burial, the funeral rites being performed by Rev. Father Pelamourgues, of St. Anthony's church.  James Grant was for many years a citizen of Scott county, while J. Wilson Drury resided here and in Rock Island.  Both became noted lawyers and occupied the judicial bench, the former in this district, the latter in that of Rock Island.  At this time Mr. Grant had but recently come in from Chicago, then part corn field and nearly all mud hole.  He was a farmer also, having located on a farm in Blue Grass township.  On his coming into this district he brought the most extensive law library then in the territory, and held the reputation of keeping the best private one until his death. On this same day of court the grand jury which had been in session, made the first report of indictments, as follows:  the first finding was not "a true bill," in the case of Jemima Bennett for adultery; and the same was true of Otis Bennett; Catherine Miller, having been considered by that body on a charge of "assault with attempt to kill," was likewise found not guilty.  William Gibbons was prosecuting witness in the first two cases.  The fourth case reported was that of Philena Brown, for arson, against whom "a true bill" was found.  George Eldred was prosecuting witness.  This latter case, like the first two, originated in Clinton county before William Hogan, a justice of the peace there, and was founded on a charge that "on the night of the third day of September, 1838, she did burn one certain log house or cabin, which was the property and residence of this deponent (George Eldred) with a number of other articles; or that he believes the above named Philena Brown is guilty of the act, and further deponent saith not."  She was held to bail in five hundred dollars to appear at the next term of the district court, Matthew A. Harrington and R. C. brown, sureties.  The case came on for hearing before Judge Williams, with Simeon Meredith, prosecuting attorney, and Rorer & Starr, attorneys for defendant, who cleared their client and an attachment was issued against Mr. Eldred for the costs, amounting to $100.31, which Dupty Sheriff Broddleston returned with "no property found."  The fee bill may not be uninteresting.  It was as follows: To be cont. Debbie Clough G-erischer G-erischer Family Web Site http://gerischer.rootsweb.com/ Assistant CC, Iowa Gen Web, Scott County http://www.celticcousins.net/scott/ List Manager for: IASCOTT-L * G-erischer-L * D-encker-L Fitzpatirck-L * V-lerebome-L * Huntington-L * Otis-L * Algar-L EIGS-L * Pickens-L * McNab-L * Patris-L - Rankin-L