Chapter 18 cont. SOME EARLY HISTORY OF THE DISTRICT COURT. When Scott county was organized it was made part of the second judicial district of the territory of Wisconsin and David Irwin was appointed as the presiding judge, and the original records of the first district court held in Scott county are still preserved in a small record book, which is a valuable part of the archives of the county in the clerk's office at the court house.  The transcription of these early records is in the handwriting of Ebenezer Cook, first clerk of the court. The first entry made upon the records of the district court is a certificate of the appointment of Ebenezer Cook clerk of the court, bearing date may 30, 1838, and signed by David Irwin, presiding judge of the second judicial district of Wisconsin territory, and associate judge of the supreme court.  Mr. Cook accepted the appointment and entered into bonds with John H. Sullivan and Adrian H. Davenport.  This appointment was continued by Judge Joseph Williams, the first presiding judge of the second judicial district of the territory of Iowa, under date October 5, 1838. It was further ordered by Judge Irwin tha the seal "hereunto attached" be until further notice recognized as the seal of the second judicial district for Scott county.  This seal, be it known, bears no judicial impress, no scales of justice, not even a vestige of Justice herself, in her usual blindfolded condition; but simply the coat of arms of the United States as represented on one side of a good round silver quarter dollar, such money, in those primitive days, being in vogue.  As a seal of the court it is believed to have been as good as any other for the time being.  So much having been effected in the interest of justice unto some, and law for everybody, nothing further appears to have been done until the following October. In 1838 Hon. Joseph Williams was appointed judge of the second judicial district.  Judge Williams was from Pennsylvania, and settled in Muscatine early in the year 1838.  He was a man of good talents, though not of judicial mind.  As a public speaker he was considered one of the best in the territory.  He was said to have been a natural orator, his powers of mimicry and facial expression being almost perfect.  While on a visit east some years after he met an old schoolmate and companion of his boyhood.  The two together spent some happy hours in recalling the scenes of long ago.  Judge Williams wrote upon one of the books of his friend the following: "O, Jerry, Jerry, I've found you at last, And memory goes back to the scenes of the past, And I think of old Somerset's mountain of snow, When you were but Jerry and I was but Joe." Judge Williams opened court here on the 4th day of October, 1838.  The appointment of E. Cook as clerk was reaffirmed, and the "two bit" seal declared in full virtue.  The court met in St. Anthony's church, a small building still standing in St. Anthony's church grounds and now used as a part of the parish schoolhouse.  Father Pelamourgues, the then Catholic priest in charge, deemed it no desecration of the holy place to have it temporarily used as a temple of justice.  In those early days St. Anthony's served as a public hall and was utilized for all meetings of the people, debating societies, etc.  It was a building of a single room, and small at that, hence afforded no accommodations for juries.  Down Front street, three doors east of Main, was a low, two-story building, the property of George L. Davenport, but partially completed, though the Iowa Sun had been darting its rays from the upper story since the previous August; - here was found a room in which the first Scott county grand and petit juries held their deliberations.  The building was afterward finished and became the first family residence of Mr. Davenport. Frazer Wilson was appointed deputy marshal for this term of court, the marshal of the territory not being present.  The first business transacted was the issuing of a venire for a grand jury returnable forthwith, whereupon the marshal subpoenaed the following named jurors:  John Work, James O. Kelley, J. A. Birchard, L. S. Colton, R. H. Spencer, James McIntosh, Walter B. Warren, Caleb H. Gardner, James Hall, Andrew Logan, M. J. Lyman, M. Strong, Benjamin W. Clark, Jacob Heller, Philip Suiter, William L. Cook, Samuel Hedges, A. J. Hyde, John Robinson, Isaac Hawley, John Lewis, Ira Cook and Smith Mounts.  R. h. Spencer was appointed foreman. After being charged the jury retired, and after spending some time returned into court and by their foreman reported that they had no business before them.  They were each allowed for one day's attendance and mileage from their place of residence, after which they were discharged from any further attendance at this term as grand jurors. 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