Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1915-09-21

= =
ious to entering upon their duties al
grand jurors, to-wit: Samuel Buren
foreman; Thomas Hart, William MY
Ter, H. Hawkins, James J. Holman
Joshua Shaw, A. J. Doke, William
Morgan, John McCarty, I. W. Prath.
er, ]. L. Martin, S. 7. Gillian, Benz
F. Nichols, N. Lee, c. D. Embree
Ira s. Townsend and Ira P. Smith. =
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 this jury, and
before Judge 0. c. Pratt, we're those
That admitted to practice law in the
second, judicial 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. G. 7. Vault) Mes
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
Ter and John Orchard. The certifi-
Gates and oath Of allegiance to the
starry 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 Of
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 transferred 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 IL
quor to an Indian, carried on provis-
ional docket for long time,) and Jes-
sic 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, sew
oral years before this time, for Civ
ing ardent spirits to an Indian" f" and
Nesmith, who lived near Dallas for
many years after this trial, and un-
til his death 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,
vet as commonly good and worthy as
the soil that produced their living.
1t was 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
excuse to be better than their broth
er, and gunman. gambler, judge and
preacher clasped hands on common
ground. They were like keg of
nails. one as good as another. The
grand Jury of 1851 indicted j. w.
Nesmith. grandfather of the present
congressman, C. A. Macarthur, and
himself a United States senator,) and
Henry C. Owen "for playing at a
game of cards for an article of value,
(the same being money! in certain
store. said being a public place. !"
Nesmith and Owen pleaded guilty to the
charge Of gambling and were fined
500 each. which it appears they paid
al once. A levy of $50 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 it they and
each of them," say the records,
"shall respectively abstain from the
commission of a similar offense for
one wear from this date then this OBJ
legation will be void. Otherwise it is
to remain in force" Immediately
after This trail was over John II. Lew
is. bailiff of the court, and j. w.
Nesmith. Just fined for gambling. and
on probation for one year, were ap-
pointed by the court to serve as conn
ty commissioners, showing, if nothing
else. that the times were pretty free
and easy, and that gambling was not
much 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
proceedings of the original Polk coun-
ty court. the provisional circuit court.
and those of the United States dis
triet court. take the former from its
beginning to its end. and the records
Of the latter are inscribed from 1851