Chapter 18 cont. NOTHING CAME OF IT. "Right diligently have we searched the old papers of the court in quest of the 'reasons by him filed,' but all in vain.  Of course the record books show nothing of the stir that the motion made in court.  But what naturally would be the rusult of such a high-handed attempt to forever wipe the then infant metropolis of the state out of existence, and by the removal of the court condemn it to everlasting odium and disgrace, may be easily imagined.  It was not enough that Judge Irwin, of the United States district court, had turned his back on the infant city, because of the unexampled nastiness and discomfort of the local tavern, and opened court in Rockingham, that he might fare sumptuously every day at the more magnificently kept caravansary of Henry W. Higgins; it was not enough that the legislative triumvirate of the county had hoisted its flag at the doomed village, utterly refusing to acknowledge Davenport, save as a neighboring dependency; all this humiliation was not enough; but this belligerent gentleman, then as now the farmer-lawyer, must rise in his place and in a loud voice, a motion make that this court adjourn to Rockingham!  The only reason that can be assigned for this willful attempt at urbicide is found in the fact that Mr. Grant's farm was two miles nearer Rockingham than Davenport, and consequently if his motion prevailed he would have a full hour more in each day of the session in milking his cows and hoeing his bean patch. "But the motion didn't prevail, and Davenport was saved from the very brink of everlasting disgrace!  The friends of Davenport arose in their might.  It is not necessary to say that the pure-minded judge was in any way influenced, for judges never are; nor yet will it suffice for the Rockinghamers to say that he was a Dubuque man, and in all matters between Davenport and Rockingham, Dubuque sided with the former.  We will say nothing about the reason for the refusal to grant the motion, but simply to reproduce the words of the court as recorded in the court record:  'The application to remove the district court of the United States in and for Scott county from Davenport to Rockingham.  For that it seems to the court that the subject matter of this motion does not come before the court in the proper form; it is therefore considered by this court that the relators take nothing by their motion, and that the same be overruled.' "It is needless here to depict the chagrin that mantled the expectant Rockinghamers, or the exultant joy that thrilled the Davenport heart, as the decision fell from the lips of this noble Daniel of the law.  The town rang out with rejoicing, and an old settler informs us that some of the 'boys' didn't get well over the excitement for as much as a day or two, so intense was their enthusiasm.  The district court never adjourned to Rockingham.  Mr. Grant took the case up to the higher tribunals, but while it was stewing in the court the pluck of the good people of Rockingham gave out; they abandoned the idea of making it the county seat, withdrew all proposals to the county commissioners to build a courthouse and jail at their own expense, and so the matter of removal ended forever." Hon. Thomas S. Wilson, the second judge of the district, was identified with the interests of Iowa before it became a state.  While it was a territory he was appointed one of its judges; and there are persons now living who recollect him, with his boyish look, sitting on the bench about forty years ago.  His history presents points of no inconsiderable interest. On the admission of Iowa into the Union, and under its first constitution, Scott county formed a part of the second district, together with the counties of Buchanan, Cedar, Clayton, Clinton, Delaware, Dubuque, Fayette, Jackson, Jones and Muscatine.  In 1847 Allamakee and Winneshiek were added to the district, and in 1851 Black Hawk, Bremer, Butler and Grundy. James Grant, of Scott county, was the first judge of the district, and was elected April 5, 1847, and commissioned April 27th.  Thomas S. Wilson, of Dubuque, who served for several years as territorial judge, a sketch of whom appears on another page of this work, succeeded Judge Grant.  He was elected April 5, 1852, and served until legislated out of office the following year. On the 9th of February, 1853, a new district was formed named the eighth, composed of the counties of Scott, Cedar, Clinton, Jackson, Jones and Muscatine.  William E. Leffingwell, of Clinton county, was elected April 4, 1853, judge of this new district.  He subsequently resigned and John B. Booth, of Jackson county, was appointed by the governor to fill the vacancy, and qualified April 15, 1854.  He served until the election of his successor, William H. Tuthill, of Cedar county, who was elected in April and qualified May 3, 1855. In accordance with article V of the constitution of 1857, eleven new districts were created and Scott, Clinton, Jackson and Muscatine comprised the seventh judicial district. John F. Dillon, of Scott county, was elected judge of this district, October 12, 1858, and re-elected October 15, 1862.  He subsequently resigned, his resignation to take effect December 25, 1863, having been elected judge of the supreme court.  J. Scott Richman succeeded Judge Dillon, having been appointed by the governor to fill the vacancy, October 27, 1863.  Next Judge W. F. Brannan, of Muscatine county, succeeded Judge Dillon and served until 1875.  Walter I. Hayes, of Clinton county, succeeded Judge Brannan, and the present judge is James W. Bollinger, of Davenport. However great the volume of business now before the district court, there have been times in the history of the county when little was done.  In April, 1846, the court met and adjourned the same day, there being only one case on the common law docket, and none on the criminal.  In September, 1847, the Gazette, under date of the 9th, said: "The district court adjourned last Tuesday for want of business, it having been organized the day previously.  When we take into consideration that on account of the sickness of Judge Wilson we had no court last term, this speaks well for the peaceful character of Scott county." The clerk of the district court in his annual report, November 1, 1848, says: "I have the pleasure to report that there has been no conviction for crimes or misdemeanors since my last annual report in said court, and would add further, that there have been but five indictments in all found for the past year.  James Thorington, clerk." These five indictments proved to be, two malicious, two abandoned by the prosecuting attorney, and the other party was acquitted without the jury leaving the box.  But the business of the court has increased since that day, and the criminal record has grown, though taking its population and other circumstances into consideration, Scott county will favorably compare with any county in the state. 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