Minnehaha County, South Dakota - Chapter 3: United States District Court - District and, 1899

Chapter 3: United States District Court - District and

At the first session of the legislature of the State of South Dakota in November, 188'), R. F. Pettig-rew was elected United States senator. On the first Monday in December, following, he took the required oath, and entered upon the duties of his office. He began at once to secure such congressional legislation as the new state required to place her on an equal footing with her elder sisters, and on the 27th dav of February, 1890, an act of Congress was approved declaring that the State of South Dakota should constitute one judicial district, and that for the purpose of holding courts such district should be divided into three divisions to be known as the Eastern, Central, and Western divisions, and the United States circuit and district courts held at Sioux Falls, Pierre, and Deadwood, respectively. The first Tuesday in April and October of each year was fixed for the eastern division.

In 1893 a change was made, and a new division created called the Northern division, and Aberdeen was designated as the place for holding the terms of court for this division. By the same act the time of holding the October term at Sioux Falls was changed from the first to the third Tuesday in October. On the 19th day of November, 1889, Alonzo J. Edgerton was appointed United States district judge of South Dakota. There was, of course, no government building for holding the courts at that time, and rooms were rented in the Masonic Temple and used for that purpose until the government building was ready for occupancy in May, 1895. Judge Edgerton died on the 9th day of August, 1896, and on the 31st day of the same month John E. Carland succeeded him, and is the present judge.

Some terms of this court have been quite lengthy, and important trials have taken place, both civil and criminal. One feature when held in Sioux Falls which is quite noticeable is the large number of Indians always in attendance. The district court has jurisdiction over offences committed on the Indian reservations and there is at each term a large number of indictments found by the grand jury against persons for selling intoxicating liquors to the Indians, which is* prohibited by the statutes of the United States.

District And Circuit Courts Of Minnehaha County

On the 16th day of May, 1871, the time iixed by law for holdinjithe first term of the district court in Minnehaha county, a few persons met at the appointed place, but there being- no judg-e present, the clerk adjourned the court until the next day. Wednesday the 17th day of May, pursuant to adjournment, the court convened, Hon. W. W. Brooking-s, associate justice of the supreme court of Dakota territory and presiding- judg-e of the second judicial district, beingpresent and presiding-. The docket was called and court then adjourned until the next day. On the 18th, the case of J. P. Van Dooser vs James Stephenson was called, and on motion of James Hand, attorney for plaintiff, a judg-ment by default was taken ag-ainst the defendant for the amount claimed in the complaint tog-ether with cost of suit. The judg-ment was for $188.07 damag-es and S10.*)3 cost. This action was broug-ht upon a promissory note g-iven by defendant at Rochester, Minnesota, on the 12th day of May, 1865, payable to the order of Van Dooser & Hitchcock, with interest at twelve per cent per annum, and the note had upon it a ten cent revenue stamp. The summons in this case was served by John McClellan, and Moody and Hand appeared as attorneys associated with James A. Hand. At this term of court, on motion of James A. Hand, John Bippus was admitted to the bar upon a certificate that he had been admitted to practice law by the circuit court of Hunting-ton county, Indiana. The foreg-oing- comprises all the doing-s at the first term of the district court in Minnehaha county, and the court adjourned on the 18th day of May. O. B. Iverson was clerk and Cyrus Walts, deputy clerk.

The next term, the district court convened May 21, 1872, but the judg-e being- absent, nothing- was done until the 23d, when Judge Brookings arrived. Prom the record it appears that only two cases were called. In the first one, a demurrer to the complaint was sustained and excepted to by the defendant, and in the next a motion was made to set aside the complaint, which was overruled and defendant given twenty days to file an answer, upon the payment of five dollars costs, and court adjourned.

The third term, the district court convened on Tuesday, May 20, 1873, but no judge was present, and the clerk adjourned the court until the next day, at which time the Hon. A. H. Barnes, associate justice of the supreme court, arrived and held the term. Melvin 'Grigsby was clerk and W. H. Holt was sheriff. The first business appears to have been the admission to the bar of Albion Thorne and M. H. Underwood upon motion of C. H. Winsor. There was quite a number of cases upon the docket at this term, and it was the first term of court in Minnehaha countv during which the lawyers had anything to do. In one case, Alfred Puller vs C. L. Gardner, a change of venue was granted and the case sent to Lincoln county for trial. Continuances were granted in other cases. Pour decrees of divorce were rendered at this term of court, the first one being in the case of James G. Botsford vs Angeline C. Botsford, and the judge in his decree says: "The welfare of both parties demands a separation of the parties." One of the other cases was entitled, Hattie M. Lansing- vs Judson P. Lansing. The marriage records of this date show, that immediately upon receiving their respective decrees, James G. Botsford and Hattie M. Lansing were united in the holy bonds of matrimonv. The first grand jury of Minnehaha county was summoned at this term, and consisted of the following persons: J. L, Phillips, foreman, Joseph Dickson, J. C. Shepherd, J. C. Ervin, SevmourHill, C. E. White, Thomas Dickson, O. W.Douglass, D. W. Fitz, John O. Walker, A. Danielson, H. B. Caldwell, John Olson, J. Ernstrom, J. Duganne, R. W. Talcott, R. G. Plemming, J. Dunham and D. S. Goodyear. The}' found three indictments for petit larceny, and two for assault and battery, and were discharged on the 23d day of May. During- this term of court, the pleadings in two or three cases required amending, and, as the parties were anxious for a trial, it was decided to hold an adjourned term in October. The case of O. B. Iverson vs C. E. White, was the only jury case tried. This was an action to recover damages for logs, trees and cord wood belonging to plaintiff and which he alleged the defendant had taken and converted to his own use, and that they were of the value of S206. Winsor & Bailey were attorneys for plaintiff and McLaury & Underwood attorneys for defendant. The answer filed in this case is so artistically drawn that we give it below: "The defendant answers to the complaint: 1st, That as to Count one of said complaint, that no allegation contained therein is true. 2d, That as to Count two, that he has no knowledge or information sufficient to form a belief whether any one allegation thereof is true." The jury, composed of eleven men, found for plaintiff and assessed damages at $67.10. During this term of court, Mark W. Bailey was admitted to the bar. Albion Thorne was district attorney. On the 1st day of October, 1873, the court convened pursuant to adjournment, A. H. Barnes presiding, and two jury trials were had. On the 3d day of October, D. E. Sherman and E. G. Wheeler were admitted to the bar.

Court convened for the fourth term of the district court, June 10, 1874. Chief Justice P. C. Shannon, presiding judge; Albion Thorne, district attorney; D. T. Scott, sheriff; Cyrus Walts, clerk. The grand jury was called June 11, but only seven persons answered to their names; nine other persons were then immediately summoned and the panel completed. Six indictments were found - three for selling intoxicating liquors without a license, and one each for petit larceny, extortion, and malicious mischief. Four of these indictments were quashed on motion. There were four jury trials during the term, and the jury was disharged June 16. C. J. Hadley was admitted to the bar June 11. At this term of court the records show that Bartlett Tripp, Alexander Hughes and three or four other attornevs were in attendance from outside the countv.

Fifth term. May, 1875. On the 18th dav of MaV, 1875, the district court of Minnehaha county convened. Hon. G. G. Bennett, associate justice of the supreme court, presiding judge; Albion Thorne, district attornev; A. J. Berdahl, sheriff; Cvrus Walts, clerk.

The grand jury commenced its work on the 19th, and was discharg-ed on the 24-th day of May, having- found no indictments. There were four jury trials during- this term, and in one of the cases - Almira Dixon vs Ira Dixon - the following- verdict was rendered: "We, the jury, find for plaintiif on her complaint, and for the defendant on his counter claim." On the 21st day of May, George J. Skinner was admitted to the bar. The court adjourned on the 24th.

Sixth term. May, 1876. The court convened on the 16th day of May. Hon. G. G. Bennett, presiding- judg-e; Albion Thorne, district attorney; A. J. Berdahl, sheriff; Cyrus Walts, clerk. At this term of court there were five jury trials. The g-rand jury did not find any indictments, and court adjourned on the 28th day of May.

Seventh term. May, 1877. Court convened on the 15th day of May. Hon. P. C. Shannon, presiding judge; Albion Thorne, district attorney; V. R. L. Barnes, sheriff; Cyrus Walts, clerk. On account of some circumstances growing out of the subdivision of the second judicial district, by which the counties of Minnehaha and Lake were made one subdivision, the court adjourned until the 24th dav of Mav. On May 26, C. W. McDonald was 'admitted to the bar. The grand jury found two indictments, one of them being ag-ainst A. V. Corson, for the murder of Jack Van Kirk. There were three jury trials. On the 1st day of June the court adjourned until the 17th day of July, and on that day court convened with Judge G. G. Bennett presiding. At this adjourned term, Corson plead guilty to manslaughter in the first degree, and was sentenced to seven years hard labor in the penitentiary at Fort Madison, Iowa. One civil cause was tried by jury. Court adjourned on the 18th day of July.

Eighth term, May, 1878. Court convened May 21, Judge P. C. Shannon, presiding. Albion Thorne, district attorney; V. R. L. Barnes, sheriff; Cyrus Walts, clerk. At this term of court, five indictments were found by the grand jury; there were four jury trials; eight indictments found" prior to this term were dismissed. Edwin Parliman, Justice A. Wilson and Lewis M. Estabrook were admitted to the bar Mav 21; Alonzo Frizzell, May 22; Gorham P. Cross and Oscar E. Rea,' May 24; Martin A. Rathbone, May 25.

Ninth term, June, 1879. Court convened June 10. Hon. J. P. Kidder, presiding judge; Alfred M. Plagg, district attorney; Henry Callender, sheriff; Cyrus Walts, clerk. The grand jury was in session seven days, andfound nine indictments. There were four civil cases tried to a jury and seven criminal, resulting in four convictions and three acquittals. At this term of court proceedings were commenced to obtain the right of way for the C, M. & St. Paul Railway Co. The following persons were admitted to the bar: John T. Fish, Frank L. Boyce, R. J. Wells, Henry M. Williams, Charles E. Flandrau, R. A. Murrav, George Rice, Edward R. Ruggles and E. E. Sterling.

Tenth term, December, 1879. At the 13th legislative session of the Territory of Dakota an act was passed fixing the terms of the district court 'in Minnehaha county ^Minnehaha, Lake and McCook counties constituting one subdivision) on the 2d Tuesday in June and December in-each -year, -court-i<§-^be' held, at the county; seat of

Minnehaha county. There was a proviso attached, as follows: "Provided, however, that the December term shall not be held except upon order of the county commissioners of Minnehaha county." The necessary order was made, and court convened December 9, Jefferson P. Kidder, presidino- judge; Alfred M. Plaggf, district attorney; Henry Callender, sheriff; Cyrus Walts, clerk. There were ten jury trials, six civil and four criminal. The g-rand jury was summoned to appear on the 30th day of December, and was discharged on the 8th day of January, 1880, after having found sixteen indictments. Thomas S. Free, Moulton J. Oilman, J. K. Doolittle and Alvin J. Bolster were admitted to the bar. Court adjourned January 9.

Eleventh term, June, 1880. Court convened June 8. Hon. J. P. Kidder, judge; Alfred M. Plagg, district attorney; Henry Callender, sheriff; Cyrus Walts, clerk. On the 9th day of June court adjourned until the 16th day of June, and on that day adjourned to the 20th day of July, and on the 21st day of July the court adjourned to the 21st day of September, and made an order for summoning a grand and petit jury to serve at that time. On the 21st day of September the court ordered the jurors summoned, to appear on the 16th day of December, when the court convened pursuant to adjournment. The grand jury found seven indictments. One of them being against Thomas Egan for the murder of his wife, and one against Henry Muchow, charging him with the murder of John Pehlhafer on the 4th day of July preceding, by assaulting and striking him with a neckyoke, fracturing his skull, by reason of which he died on the 11th day of July. The trial of this case commenced on the 27th day of December, and the prisoner was defended by C. H. Winsor and Thomas Wolf. On the 29th day of December he was found guilty of manslaughter in the first degree, the jury recommended him to the mercy of the court. On the 31st day of December he was sentenced to four years imprisonment in penitentiary at Detroit, Michigan. Pettigrew and Swezey appeared as attorneys for Egan, and the case was continued. There were six jury trials during this term, five of them being civil cases. M. R. Kenefick, J. H. Bottum, Charles E. Gregory and D. A. Brown were admitted to the bar. Court adjourned December 31.

Twelfth term, April, 1881. Art act was passed by the legislature in February, 1881, by which Minnehaha and McCook counties were made a subdivision of the fourth judicial district, and the terms of court fixed for the first Tuesday of April, and the second Tuesday of November, in each year. On the 5th day of April, the judge not being present, the clerk adjourned the court until the next day, and on the 6th, for the same reason, adjourned the court until the 7th, and on that day adjourned without date. This was one of the results of the deep snow, the winter preceding.

Thirteenth term, November, 1881. On the 8th day of November court convened. J. P. Kidder, judge; J. W. Carter, district attorney; J. M. Dickson, sheriff; Cyrus Walts, clerk. There were nine indictments found by the grand jury, and ten cases tried to a jury - six civil and four criminal. One of the criminal cases tried was the , Territory.of Dakota -vs Thomas Egan, for the murder of Mary Egan, his wife. The trial was commenced November 25, L. S. Swezey and C. H. Winsor appearino- for defendant. There were twenty-three jurymen on the reo-ular panel, but it was soon exhausted," and a special venire was issued for forty additional persons. The examination of the jurymen drawn in this case, was not completed until the 28th, when a jury was obtained and the trial proceeded. At the conclusion of the evidence on the part of the prosecution, the defendant's attorneys announced that they had no evidence to oifer. The case was argued to the jury on December 1, and on the same day a verdict of "g-uilty as charged in the indictment" was rendered. George L. Wood, of Logan, was foreman of the jury. A motion in arrest of judgment and for a new trial, was immediately made by defendant's attorneys, which motion was denied by the court, and on December 3, Egan was sentenced to be executed on Fridav, January 13, 1882. Execution of the judg-ment was stayed, upon the application of defendant's attorneys, and the case was taken to the supreme court, where the judgment of the district court was affirmed.

Fourteenth term, April, 1882. By an order of Judge J. P. Kidder, the April term of court was adjourned until April 11, at which time court convened. J. P. Kidder, judge; J. W. Carter, district attorney; J. M. Dickson, sheriflF; Cyrus Walts, clerk. There were seven indictments found at this term of court, and there were thirteen jury trials, six of them being criminal cases, resulting in four convictions, one acquittal, and one disagreement of the jurv. One of the convictions, was that of Samuel Irvin charged with attempting to shoot one of his neighbors. He was sentenced to fifteen months in the penitentiary at Detroit, Michigan. On the 2*^)th day of Alav, Thomas Egan was sentenced to be executed on the 13th dav of July.

Fifteenth term, November, 1882. Court convened on the 14th day of November. J. P. Kidder, judge; J. W. Carter, district attorney; J. M. Dickson, sheriif; Cyrus Walts, clerk. At this term of court thirtv indictments were found, but nearly all of the persons indicted plead guilty, and were fined fifty dollars and cost, amounting to $60.30 in each case. These indictments were for selling intoxicating liquors. There were fifteen jury trials - twelve civil, and three criminal cases resulting in one conviction and two accjuittals. Charles A. Rounds, Herbert Taft Root, Aaron A. Bryan, Harry Lacy, Paul Watson and E. Everett Savage were admitted to the l)ar. Court adjourned December 1.

Sixteenth term, April, 1883. The 3d of April was the day fixed by law for the opening of the court; but no judge being present, the court was adjourned to the 4th, and on that day adjourned to the 5th for the same reason. On the 5th the court convened, J. P. Kidder, presiding judge; J. W. Carter, district attorney; J. M. Dickson, sheriff; Cyrus Walts, clerk; T. G. Brown, stenographer. At this term, of court there were eio-ht civil cases tried to a jurv, and three criminal. The g-rand jury found twenty-one indictments. Pleadino- g-uilty in most of the cases, and receiving- a fine of fifty dollars, indicates that the indictments were for selling- intoxicatingliquors. Peter V. Coifernoll, Jesse W. Boyce, Zane Bigg's, Eug-ene W. Coug-hran and Frank W. Little were admitted to the bar. Court adjourned April 18.

On the 2d day of October, 1883, Judg-e Kidder died in St. Paul and there was no court held in Minnehaha county in November, in consequence of his death.

Judg-e Edg-erton made an order for a special term of the district court to be held June 21, 1883; but no jurors were summoned, and the records show there was no business done except to g-rant a divorce, and court adjourned the day it convened.

Seventeenth term, April, 1884. On the first day of April court convened. Hon. Cornelius S. Palmer, associate justice of the supreme court, presiding- judg-e; J. W. Carter, district attorney; J. M. Dickson, sheriff; Cyrus Walts, clerk; T, G. Brown, stenog-rapher. The g-rand jury found twenty-one indictments, and was discharg-ed on the 12th. During- the term there were thirty-one jury trials - nineteen civil and twelve criminal - nine convictions and three acquittals. This was one of the important terms of the district court. One of the civil causes tried was that of Rose McBride vs City of Sioux Falls, claiming- five thousand dollars damag-es for injuries received owing- to a defective street; C. H. Wynn and J. W. Jones were attorneys for the plaintiff, and A. Frizzell and Bartlett Tripp for the defendant. The trial resulted in a verdict for the defendant. On the 16th day of April, Alfred M. Flag-g- ^leaded guilty to embezzlement, and was sentenced to four years in the penitentiary. Samuel Irvin, who had served a term in the penitentiary for shooting- at one of his neig-hbors, was ag-ain tried upon the charg-e of assault with intent to kill; the offense being- connected with the same affra\', the trial resulted in a verdict of simple assault.

The following- action was taken on the first day of this term of court upon the death of Judg-e J, P. Kidder: C. H. Winsor moved and the Court ordered, "that a committee of five members of the Minnehaha bar be ap])ointed to prepare and report to the court suitable and appropriate resolutions upon the death of the Hon. Jefferson P.Kidder, late associate justice of the supreme court of this territory and judg-e of the fourth judicial district." The Court appointed as such committee, E. Parliman, W. A. Wilkes, H. H. Keith, T. S. Free and P. L. Boyce. On the 29th day of April, Hon. Edwin Parliman presented the following- resolutions:

"'Resolved, that the supreme court of this territory, the district court of the fourth judicial district, the bar and the people of this territory have sustained in the death of the Hon. Jefferson P. Kidder the loss of an honorable and uprig-ht judg-e; that his longjudicial career in this territory has been marked by g-reat industry, high ability and incorruptible integ-rity, and in the termination of his long- public career universal reg-ret is felt and universal sympathy extended; that in this slig-ht tribute to his memory we can but inadequately express the loss sustained by his death; that his life and labors, characterized as the}' were by honor, industry and the fullest integ-rity, are left for the future, and stand as an encourao-ement to those of us who survive him, showing- that success in life depends more upon integ-rity and g-ood faith than upon more brilliant accomplishments.''

After the presentation of the above resolutions, remarks were made by the judg-e and members of the bar, and the resolutions were ordered to be spread upon the records of the court.

Hosmer H. Keith, Dana Reed Bailey, Romeo H. Start, T. W. Noves, Charles L. Brockwav, Joseph W. Jones, R. B. Smith, Herbert L. Oreene, Henry M. Avery, James B. French, Scott Ransom, Martin A. Butterfield,' Delmore "Rlwell, Sutton E. Young- and W. S. Wynn, were admitted to the l)ar.

At this term of court, the case of Artemas (iale \s Mamie (1. Shillock, et al., was tried by the court. It involved the title to a valuable tract of land in the then southerly limit of the city.

The g-reater portion of the indictments at this term of court were for selling- intoxicating- liquors, and were treated as Fornu-rlx . the ])arties being- fined.

An order was made bv Judg-e Palmer that s])ecial terms of ccuirl be held on the 2(>th day of" July and the 23d day of Aug-ust, but the records do not show that any business was done.

Eig-hteenth term, November, 1884. Court convened November 11. C. S. Palmer, judg-e; J. W. Carter, district attorney; J. M. Dickson, sheriff; Cyrus Walts, clerk; T. (t. Brown, stenog-rapher. The g-rand jury found thirteen indictments, and were discharg-ed November 15. "Fifteen civil and five criminal cases were tried to a jurv. At this term of court the case of Wm. T. Henton vs the City of Sioux Falls was tried. This was an action for damag-es received bv the plaintiff" by reason of coming- in contact with a telephone wire while riding- along- Phillips avenue. The verdict was for the defendant. The case of the Territory vs E. G. Smith was also tried. Smith and Clampit were pork packers in Sioux Falls, and Smith claimed that Clampit had gfot away with some of the partnership funds, and with a drawn knife induced Clampit to make his check for S250. Smith was indicted for extortion. The trial excited ag-ood deal of interest, and was well tried by J. W. Carter for the prosecution and C. H. Winsor and H. H. Keith for the defense. But it seemed that Smith had the most friends and the verdict of the jury was in effect, that Smith adopted the proper method to adjust their partnership accounts. -Clampit left this vicinity about the time the verdict was rendered. At this term of court the case of Mamie (r. Shillock, et al., vs R. F. Pettig-rew, et al., was tried. This case involved the title to 100 acres in the most populous resident portion of the citv. The defendants prevailed, and since then the title has been confirmed in the defendants. The following- persons were admitted to the bar: Samuel E. Tate, Albe_rt T. P>ee and Arthur C. Phillips. Court adjourned January 2, 1885.

inal and fourteen civil cases were tried to a jury. At this term of court several cases of more than ordinary interest were tried. Amono- them were the cases of S. M. McCormack vs Andrew C. Phillips; Ole Lang-ness vs Justin A. Pettig-rew, involving- the question of the defendant's rig-ht to maintain his milldam across the Big- Sioux at Baltic at the heig-ht he had built it; John A. Bankson vs the City of Sioux Palls, claiming- damag-es in the sum of S5,000 for personal injuries he had received owing- to snow and ice being- permitted to remain upon the sidewalk on Dakota avenue. In the last mentioned case a verdict was rendered for the defendant. On March 7, 1883, the territorial leg-islature passed a law that clerks of the district courts should be elected in each org-anized county in the territorv. At the November election of the same year J. B. Cloudas was elected for Minnehaha county, and at this term of court, throug-h proper proceedings, he politely invited Cyrus Walts to vacate the office of clerk. Judge Palmer held that the leg-islature had no authority to make such a law; that Cong-ress had g-iven the judg-es of the supreme court in the territory the rig-ht to appoint their clerks, and he retained Mr. Walts. A. C. Biernatzki, S. H. Sibley and Rudolph Schultz were admitted to the bar. Court adjourned July 9.

Twentieth term, November, 1885. Court convened November 10. C. S. Palmer, judg-e; E. G. Wrig-ht, district attorney; J. M. Dickson, sheriff; Cyrus Walts, clerk; T. G. Brown, stenog-rapher. The g-rand jury found eig-ht indictments, and was discharg-ed December 12. Nineteen civil and two criminal cases were tried to a jurv. On December 1, the following- appears in the record:

"In view of the fact that this is the day appointed for the funeral of Thomas A. Hendricks of the State of Indiana, late Vice President of the United States, and out of respect for him and the hig-h position he occupied, I move that this Court do take a recess from 12 o'clock noon, until two and half o'clock P. M., the hour set apart for the funeral. E. G. Wrig-ht, District Attorney."

Althoug-h this term of court was a busy one, no cases of public interest were tried. Park Davis, Alfred Beard Kittredg-e, Rog-er W. Cooley and Wm. E. Howe were admitted to the bar. Court adjourned December 23.

Twenty-first term, April, 1886. Court convened April 13. C.S. Palmer, judg-e; E. G. Wrig-ht, district attorney; J. M. Dickson, sheriff; Cyrus Walts, clerk; T. G. Brown, stenog-rapher. The g-rand jury found six indictments and were discharg-ed April 17. Eig-ht civil and two criminal cases were tried to a jury. April 21, Judg-e Bartlett Tripp took the place of Judge Palmer until April 28. J. Ryan, Edwin R. Young- and Matt B. Keliey were admitted to the liar. Court adjourned May 4.

Twenty-second term, November, 1886. Court convened November 29. C. S. Palmer, judge; E. G. Wright, district attorney; J. M. Dickson, sheriif; Cyrus Walts, clerk; T. (t. Brown, stenog-rapher. The g-rand jury found eleven indictments and were discharg-ed De- cemlier 3. One criminal and t\vent\'-one civil cases were tried to a jury. At this term of court the case of Francis Wiren ao-ainst the City of Sioux Falls, claiming- S5, ()()() dama^-es for personal injuries received bv reason of a defective sidewalk on Phillips avenue, was tried, and a verdict for the defendant was rendered. Quite a number of the cases tried at this term of court were hotly contested, but were of no particular interest, except to the parties involved. Robert Copeland, Joseph Kirbv, A. D. Collier, E. A. Sherman, J. i). Eddy, Charles Wilson Smith, Charles E. McKinney, John H. Fernvhouo-h and Charles P. Bates were admitte<l to the bar. Court adjourned December 18.

Twenty-third term, April, 1887. Court convened April 12. C. S. Palmer, judg-e; A. A. Polk, district attorney; John Sundback, sheriff; Cyrus Walts, clerk; T. G. Brown, stenographer. The records do not show^ that a g-rand jury was summoned at this term of court. Sixteen civil cases were tried to a jury. A g-ood many of the cases tried were important to the parties, as thev involved larg-e amounts, but were not of such character as to excite public interest. The case of E. G. Wrig-ht ag-ainst the county, g-rowing- out of a disag-reement as to the amount of the salary he should receive as district attorney, was tried to a jury, and resulted in a disag-reement, and the case was continued. The case of A. A. Polk ag"iinst the county of Minnehaha, similar to that of E. G. Wright's, was tried to the court and a judg-ment rendered in favor of the county, which was afterwards reversed by the supreme court. This was the first term of A. A. Polk as district attorney, and he took occasion to dismiss several criminal cases from the docket, that had become too old to prosecute successfully. Benjamin Wyckoif, Charles O. Bailev, Robert Buchanan and R. C. Hawkins were admitted to the bar. Court adjourned April 30.

Twenty-fourth term, November, 1887. Court convened November 8. C. S. Palmer, judg-e; A. A. Polk, district attorney; John Sundback, sheriff; Cyrus Walts, clerk; E. P. White, stenographer. The g-rand jury found fourteen indictments. Six criminal and twenty-six civil cases were tried to a jury. This was a term of im- ])ortant cases and larg-e verdicts. Judg-e Spencer was called in to trv the causes growing- out of the failure of the first National Bank. Eig-ht verdicts were rendered for the plaintiffs in the followingsums: SI, 110, SI, 260, SI, 417, SI, 500, S2,50(), S4-,400, S5,340 and Sl(>.7n(). In one case involving- S12,000, a verdict w^as returned for defendant, and in two other important cases verdicts were rendered for the defendants. The supreme court reversed a g-ood deal of the work of this term of court. U. S. G. Cherry. Peter J. Rodge, S. W. Sullivan and Cvrus Walts were admitted to the bar. Court adjourned Januarv 25," 1888.

Twenty-fifth term, April, 1888. Court convened April 10. C. S. Palmer, judg-e; A. A. Polk, district attorney; John Sundback, sheriff; Cvrus Walts, clerk; E. P. White, stenog-rapher. The grand jury found two indictments and was discharg-ed April 14. One criminal and twelve civil cases were tried to a jury. Judg-e John E. Garland took the oath of office on the 11th day of April and ])resided at this term of court. He appointed W. D. Stites clerk of the court, on April 17, the appointment to take effect April 19. At this term of court John O. Meara was tried for forg-ery, and after the prosecution had put in its case, the court advised the jury to return a verdict of acquittal, which was done according-lv. Charles J. Porter, Wm. H. Wilson, Edward E. Burns and Samuel J. Barrows were admitted to the bar. Court adjourned July 30.

On September 1, 1888, a revision of the rules g-overning- the ]3ractice in the fourth judicial district was made, and they were spread upon the records.

Twenty-sixth term, November, 1888. Court convened November 13. John E. Carland, judg-e; A. A. Polk, district attornev; John Sundback, sheriff; W. D. Stites, clerk; E. P. White, stenographer. Upon the opening" of the court an order was made, adjourning* court until November 19, and on that day the business of the term commenced. The g-rand jur\^ found thirteen indictments, and was discharg-ed December 5. Only one criminal case was tried to a jury, which resulted in an acquittal. Twenty-three civil cases were tried to a jury. The case of the Plymouth County Bank vs Frazier Oilman, which had for a long- time stood at the head of the calendar, was tried. Two cases g-rowing- out of theM. I. Jacquith failure were tried at this term of court; and two verdicts were directed in important cases g-rowing- out of the First National Bank failure. This term of court was a iig-hting- term from the beg-inning- to the end, and althoug-h the cases were not of g^reat public interest, the parties and their attorneys were more than usually belligferent. Ralph W. Hobart was admitted to the bar. Court adjourned Januarv 14.

Twenty-seventh term, April, 1889. Court convened April 9. Frank R. xVikens, judg-e; C. O. Bailev, district attornev; John Sundback, sheriff; W. D. Stites, clerk; K. P. White, stenog^rapher. The g-rand jury found eig-ht indictments, and was discharg-ed April 1(). There were thirteen jury trials during- this term, eleven of them being civil cases. E. G. Wrig-ht succeeded in g-etting- a verdict ag-ainst the county in the sum of S355.50. This was the third trial of the case - the jury disag-reeing- the first time, and rendering- a verdict ag-ainst him upon the second trial, which was set aside and a new trial g-ranted. Comment is unnecessary to establish the fact that E. G. Wrig-ht has some fig-hting- qualities in his make-up. This was a very quiet term of court - the cases tried not involving- larg-e amounts, with one or two exceptions. It w^as the last term of the district court in Minnehaha county. Upon the calendar for that terra, the names of eig-hty persons appear as attorneys. Frank H. Knapp, John H. Williamson, Charles A. Gilday and Joseph H. Lord were admitted to the bar. Court adjourned May 3.

The constitution of the State of South Dakota was a(h)j)te(l November 2, 1889, and South Dakota became a state on that (hiv. Under the provisions of article fifth of the constitution, the judicial powers of the state were vested in supreme, circuit and count v courts, and justices of the peace,- and such courts as mij^-ht be created by law for cities and incorporated towns. Under the provisions of the constitution, the state was divided into eig'ht judicial circuits, and Minnehaha county was placed in the second. There was no term of district or circuit court in Minnehaha countv in November, 1889, owing- to the change made in judicial matters by the adoption of the constitution. At the first session of the legfislature of the State of South Dakota, an act v/as passed, transferring- the l:)usiness before the territorial district courts to the circuit courts, and fixing- the terms of the circuit courts of the state; and by another act, two terms in each year, of the circuit court in Minnehahacounty, were provided for to be held on the fourth Tuesdav in Alav, and the second Tuesday in December.

First term, Mav, 1890. Court convened on the 27th dav of Mav. Frank R. Aikens, judg-e; C. O. Bailey, district attorney; W. D. Stites, clerk; John Sundback, sheriff; E. P. White, stenographer. The g-rand jury found eleven indictments, and was discharg-ed June 10. Eig-ht criminal cases were tried, resulting- in four convictions and four acquittals, thirty civil cases were tried to a jury. Some important cases were tried at this term of court, but in the g-reater num- ])er of them there was but a small amount in controversy. The case of Mag-g-ie O'Rourk vs C. T. Jeffers and Porter P. Peck, was undoubtedlv the most important case of the term, and excited the most l^ublic interest. It was an action broug-ht to recover S10,()00 for personal injuries received by the discharg-e of a cannon at the corner of Ninth street and Dakota avenue, during- the evening- of the g-reat ratification meeting- of the election of R. F. Pettig-rew United States senator. Peck was relieved from any liability by a verdict of the jury, under the direction of the court, and a verdict rendered ag-ainst Jeffers, in the sum of S9,500. The last that appears of this term of court in the records is the following-; "September 6, the case of (xilbert Hanson vs Red Rock Township still on trial."

Second term, December, 1890. Court convened in the new court house for the first time December 2. Frank R. Aikens, judg-e; D. R. Bailey, district attorney; John Sundback, sheriff; W. D. Stites, clerk; E. P. White, stenog-rapher. C. O. Bailey having- resig-ned the oftice of district attorney, D. R. Bailey was appointed Aug-ust 21, 189(), to fill out the unexpired term. At the November election, 1890, Alliion Thorne was elected clerk of the county and circuit courts, and took the oath of office and commenced his official duties on the (>th day of January, 1891. The old case of the Plymouth County Bank vs Prazier Oilman, was ag-ain tried to a jury, resulting- in a verdict for the defendant. The grand jurv returned five indictments, and was dis- charg'ed December 12. There were twentv-live jury trials - twenty civil and five criminal cases. The criminal cases tried at this term of court were quite important, and some of them excited a good deal of public interest. The case of the State vs Edward J. Mannix, charo-ed with embezzlement from the Western Union Telegraph Co., was thorouo-hly tried. C. O. Bailey, W. H. Stoddard and D. R. Bailev for the prosecution, and C. H. Winsor and Judge Garland for the defense. C. O. Bailey prepared the case for the prosecution, and it was admirably done, and C. H. Winsor made one of his most eloquent and pathetic appeals to the jury, for an acquittal of the defendant - and the jury said "Amen." The case of the State vs Dr. C. P. Bissell, charg'ed with administering morphine, while under the influence of intoxicating- liquors, to B. F. Sheffer, thereby causing his death, was another interesting- case. D. R. Bailey for prosecution and Wynn & Nock for defendant. He was ably defended, and the jury disagreed. In the case of State vs Annie Nelson, charged with burning several stacks of wheat, the same attorneys appeared as in the Bissell case, and the jury disagreed. Two other criminal causes were tried, one charging an assault with a dang^erous weapon, and one for burg-lary, in which verdicts of g-uilt}^ were rendered. Some of the civil causes tried to a jury, were more than ordinarily interesting-. The case of Clark G. Coats vs H. L. Hollister - two old friends - was hotly contested and a verdict rendered for the plaintifl" in the sum of S15, 935.00. The counsel in this case were Judg-e Palmer, Park Davis and D. R. Bailey for plaintiff, and Bailey & Stoddard and T. B. McMartin for defendant. Another case of considerable interest, was that of J. A. Wilson vs Drs. Brown & Tufts, the plaintiff bringing suit claiming that the defendants negdig-entlv treated a fractured leg- of plaintiff's and asking for a larg-e sum in compensation. The testimony in the case showed, that the unfortunate condition of the plaintiff, was the result of his own neglig-ence, and the jurv found a verdict for the defendants. John Howard Gates and David Winton were admitted to the bar at this term of the court. Court adjourned January 31, 1891.

By an act of the legislature, approved March 7, 1891, the terms of the circuit court in Minnehaha county were changed to the fourth Tuesday in April and the first Tuesday in November.

Third term, April, 1891. Court convened April 28. F. R. Aikens, judge; D. R. Baile3% state's attorney; John Sundback, sheriff; Albion Thorne, clerk; E. P. White, stenog-rapher. The grand jury found eighteen indictments - ten of them against persons charged with selling intoxicating liquors. Two of these cases were tried, resulting in one conviction and one acquittal. It was at this term of court that the cases of Enos & Bailet vs the St. Paul Fire & Marine Ins. Co., and the Springfield Fire & Marine Ins. Co., were tried. These cases were transferred from Deuel county, owing to the prejudice that had arisen there, in reference to the matter in dispute and the parties connected with the cases. The trial occupied the attention of the court more than two weeks, and resulted in a disagreement of the jury in both cases. Every inch of g-round was contested, and the attorneys on both sides came to their work thor-

Fourth term, November, 1891. Court convened November 17. P. R. Aikens, jud^-e; D. R. Bailey, state's attorney; John Sundback, sheriff; Albion Thorn, clerk; E. P. White, stenographer. The o-rand jury found thirty-one indictments - a majoritv of them charofing- persons with selling- intoxicating- liquors as a beveragfe. The g-rand jury was discharg-ed December 15. At this term of court there were twenty-seven cases tried to a jury, live of them criminal cases, resulting- in three convictions and two acquittals. Both of the cases in which there were no convictions, the persons \.'ere charg-ed with selling- intoxicating- li(juors as a beverag-e, and the proof seemed conclusive of their g-uilt. If the charge had been that of hig-hwav robbery, or forg-ery, the same measure of proof would have resulted in a prompt conviction. The civil cases tried to a jury were not very important even to the parties themselves, except in two or three instances. Enos & Bailett vs the St. Paul Fire & Marine Ins. Co., was tried ag-ain, the same attorneys appearing- as the term preceding-, with the addition of D. E. Powers for plaintiffs. The plaintiffs ol)- tained a verdict. These suits were broug-ht to recover, on policies of insurance, ag-ainst loss by fire, on a stock of g-oods owned by plaintiff's in Gary, Deuel county. Mr. Enos was indicted in Deuel county for setting- lire to the building- in which the g-oods were kept. Of this charg-e he was acquitted. To say the least, the circumstances were peculiar in connection with this fire. It occurred on Sunday evening-, and Mr. Enos testified in substance, that he went to church - was called out to g-et some article wanted at his store, and when he went into the store he was assaulted and tied with a rope to some fixture in the store, his person robbed of a larg-e sum of money, and the store fired by his assaikmts. There was a gfood deal of testimony in reference to the manner he was tied, the condition he was found in, and the character of his injuries. The cases gfrowing- out of this fire were expensive, and the tax payers of Deuel countv had reason to feel sore over it. Deuel county paid Minnehaha county about SI, 200 for court expenses during- the trials. At this term of court, the case of David Winton vs Charles Huntimer, was tried to a jury, and a verdict rendered for the defendant. Low water in the lake on section 3, in Taopi, was the primary cause of the trouble from which the suit orig-inated. Winton was aiding- a client to g-et possession of a crop raised on land from which the water of this lake had receded. His client plowed the land and Huntimer sowed it and cut the g-rain, and both parties wanted the crop - and a collision occurred. Winton claimed, that Huntimer used a pitchfork on him, instead of the bundles of g-rain, and Huntimer claimed, and Winton admitted, he had prodded Huntimer with his fork. Captain Stoddard tried the case for Huntimer, and was unusually funny, and convinced the jury that it was only a little fracus after all, that the parties undoubtedly enjoyed the diversion, and only a bold, bad jury would think for a moment of taking- the case into serious consider- ation. The case of H. H. Wood vs W. H. Ridell, et al, was also tried, Palmer & Rog-de for plaintiff, Keith & Bates and Judg-e Carland for defendant. The jury was empanelled in this case December 3, and rendered a verdict for plaintiff December 11. This was a Red Rock case, involving- the boundary line that had been established by a recent survey of the township. It was a sharp trial, and participated in not only by the parties directly interested, but by others who thoug-ht that the verdict in this case, would to a certain extent at least, affect their interests. The testimony as to the location of the stakes and mounds established by the gfovernment, was of a conflicting- character, so much so, that the jurors could justify any verdict they migfht render in accordance with their prejudices for or ag-ainst a resurvev.

The case of Marg-aret Laura de Stuers vs Alphonso Eug-ene Lambert de Stuers, an action for a divorce, was tried by the court. William Henry Stoddard and William Henry Wilson were attornevs for the plaintiff, and Joseph Lawrence Glover, Alpha Fremont Orr, and David Edward Powers were attorneys for the defendant. It was a g-reat case in all its surroundingfs. Count William Zborowski, by his constant labor in aid of the plaintiff's cause, added a piquancv to the trial that was relished by the spectators. Here is a list of the names of persons whose testimony was used in the trial of the case: Jeremiah McCraith; William Waldorf Astor; Charles, Count de Bvlandt; Countess Mary Seilern; Edward Gould Peters; Harriet Thiemard; Jean Martin Charcot, professor at the Salpitnere Hospital; Arthur Astor Carey; Henry J. Vinkhuysen, physician to H. M., the King- of Holland; James Louden, formerlv minister of the colonies and g-overnor g-eneral of the Netherlands, East Indies; AdrienneVan Riemsdyk; Carel, Baron Van Heeckeren Van Kell, minister of the Netherlands in Portug-al; Mathieu Van Lier, consul g-eneral of the Netherlands at Paris, Prance; Charles Ephrussi; Emilie Charles Wauters; Henry de Weede, secretary of the Netherlands at Paris; Mina and Isidore Ansermet; Mary Van den Heuvel; Elise Gahlenbeck; Charles Chevalaz, butler; Charles Aug-uste Garnier Heldewier, minister plenipotentiary of the King- of the Belg-ians; Donald James Mackay, eleventh Lord Reay, late g-overnor of Bombay, late member of the Second Chamber of the States-General in the Netherlands, peer of the United King-dom of Great Britain; Alexis Delafov and A. Arnaud de Foiard. And still, some people blame Judg-e Aikens for g-ranting- a divorce, when confessedly the parties were tang-led up in this mess. It makes one tired to look at the list. The divorce was g-ranted, and soon after - in fact, very soon after - at the Cataract House, in the city of Sioux Falls, Marg-aret Laura de Stuers and William Eliott Zborowski were united in the holy bonds of matrimony by the Rev. John A. Cruzan. The happy couple went abroad and shortly after were eng-ag-ed in the courts at Paris trying- to g-et possession of Countess Zborowski 's daug-hter by her former marriag-e. It is said that President Lincoln, g-etting- embarrassed in reg-ard to the appointment of a postmaster - there being so many applications, and so many endorsements recommending- each candidate - had the papers weig-hed, and appointed the man whose papers weij^-hed the most. Well, the writer is pretty tolerablv well conversant with the testimony in this case, and has come to the conclusion that the learned judo-e, in decidinjj- the case, turned the o-reat president's method bottom-side up, and reversed his measure of proof.

Another divorce suit at this term of court was Pollock vs Pollock. It was the brideg-room who came out to South Dakota to g-row up with the country, and finally settled down in the Queen City with the full determination to make this his home for life. There isnoth- \ng on record that shows that he went so far as to purchase a lot in the cemetery, but lots of people never prepare for death. His father was wealthy, but the son was cautious and conservative, and occupied a o-ood deal of his time in sliding- down hill, and reflecting- upon what g-reat enterprise he would eng-age in. But lo, the bride cometh! She had with her two little children. She had been a domestic in the family of the brideg-room's father. The claim was desertion, but she followed him to his new home. Mr. Pollock, soon after the trial, not hnding- an occupation that suited him, returned to his father's house. Mrs. Pollock remained here long^er than Mr. Pollock. The divorce was granted. Selah.

On the 7th day of March, an act was passed reducing- the number of g-rand jurors from twenty-three to eig-ht, and as there was no emerg-ency declared this was the first term of court under the new law. This chang-e materiallv reduced the expense incurred by a session of the g-rand jury, but the most important feature is the fact, that the work before it can be performed more expeditiously and with better results. It requires five votes in the affirmative to find an indictment.

Fifth term, April, 1892. Court convened April 26, 1892. F. R. Aikens, judg-e; D. R. Bailey, state's attorney; John Sundback, sheriif; Albion Thorne, clerk; E. P. White, stenog-rapher. The g-rand jury was in session until the 11th day of May, having- found six indictments. Three of the persons indicted plead guilty, the other three plead not g-uilty and were tried, and the jury found them all g-uiltv. Charles E. Bowman was tried at this term of court for haying- procured an abortion, from which the victim died. The testimony in the case, althoug-h circumstantial, tended strong-ly to establish the chargfe as made in the indictment, but under the charg-e of the court the jury were restricted to finding- a verdict of manslaughter. He was found "g-uilty as charg-ed in the indictment." The code provides, that any person while eng-ag-ed in committing- a felony causes death, without any desig-n to cause death, is g-uilty of murder, and any person while eng-ag-ed in the commission of a misdemeanor causes death, is g-uilty of manslaug-hter in the flrst deg-ree. The indictment in this case was desig-nated as an indictment for manslaug-hter in the iirst deg-ree, althoug-h it charg-ed Bowman with the actual commission of the offense of murder. The verdict being- "gfuilty as charg-ed in the indictment," the court held that Bowman was convicted of murder. A motion in arrest of judg-ment was made by counsel for the defendant, and after the case had been argued by the attorneys on.

two occasions the motion was granted and Bowman held for trial at the next term of court. There was no demurrer to the indictment, and in such cases the code provides that onl\' two objections can be taken under a motion in arrest, viz., to the jurisdiction of the court, and that the indictment does not state a public offense. The court in this case had jurisdiction, and the indictment charg-ed murder. The learned judg-e before whom the case was tried was g-reatly perplexed with the problem, but finally concluded to g-rant the motion declining- to sentence Bowman for manslaug-hter for which he was tried under the charg-e of the court. This case was very ably defended bv Winsor & Kittredg-e, and Captain W. H. Stoddard with equal abilitv assisted the state's attorney in the prosecution. At the next term of court this case was continued, for the reason that a witness residing- in Minnesota refused to come and testify for the prosecution. At the next term of court the case was dismissed, as the same witness declared that she would never ag-ain g-ive her evidence in the trial of this case, and as without her testimony the defendant could not be convicted, and the State being- precluded from taking- her deposition, the prosecution had to be abandoned. There were twelve civil causes tried to a jury, but as a whole they were devoid of public interest. The case of Peter Carlson vs the Sioux Falls Water Company was successfully tried by the plaintiff. The suit was brougfht for personal injuries received by the plaintiif while in the employ of the defendant, by the "caving- in of a ditch" in which he was at work. The plaintiif claimed S5,U(tO damag-es, and the jury found a verdict for him in that amount. There is a passage of scripture that in substance advises us to ag-ree with our adversaries before the}^ g-et into a fig-hting- attitude. In this case, after it had been continued over one term of court, the attorney who broug-ht the suit offered to take $1,000 in settlement. It shows how careless he was, and how little he appreciated the injuries his client had received. The case was appealed to the supreme court and a new trial was g-ranted, but the case was then dismissed by the plaintiff. Prank Chapin Lang-den was admitted to the bar.

Sixth term, November, 1892. Court convened November 15. Frank R. Aikens, judg-e; D. R. Bailey, state's attorney; John Sundback, sheriff; Albion Thorne, clerk; E. P. White, stenog-rapher. The g-rand jury found thirteen indictments and was discharg-ed December 6. Five of the persons indicted plead guilty, and four of them were sent to the penitentiary and one sentenced to pay a fine.

One plead not g-uilty, was tried and found guilty, and sentenced to the penitentiary. There were nine civil cases tried to a jury. The case of D. L. McKinney vs John Sundback, growing- out of the McMillan failure in Sioux Falls a few years before was fought inch bv inch and resulted in a disagreement of the jury. Winsor & Kittredge were attorneys for the plaintiff and McMartin and F. L. Boyce for the defendant. One or two other cases were contested "from start to finish " but were not of public interest, and the term taken as a whole, was a tame one. Webster C. Haight, Georg-e A. Jeffers, Henry A. Muller, Lyman P. Bayard and R. H. Warren were admitted to the bar. Court adjourned on the 21st day of December.

Seventh term, 1893. Court convened April 25. Prank R. Aikens, judge; D. R. Bailey, state's attorney; George A. Knott, sheriff; Albion Thorne, clerk; E. P. White," stenographer. The grand jury found ten indictments, and was discharged May 12. There were six criminal cases tried - four of them resulting in verdicts of guilty, one not guilty, one disagreement of the jury. There were eighteen civil cases tried to a jury, resulting in eleven verdicts for the plaintiffs and seven for defendants. There were no cases of public interest at this term of court. Harrv B. Carleton was adniitted to the bar May 12, and F. R. Sidwell, May 31. These admissions were the last ones in the Minnehaha county circuit court before the law of 18*)3 went into effect, requiring all persons not previously admitted to the bar to obtain a certificate of good moral character from some court of record in the state, and to pass a satisfactory examination before the supreme court before a license would be granted to practice as an attorney and counselor at law. Court adiourned Mav 31.

Eighth term, 18')3. Court convened November 21. Frank R. Aikens, judge; D. R. Bailey, state's attorney; George A. Knott, sheriff; Albion Thorne, clerk; E. P. White, stenographer. Upon the grand jury being called, challenges were made to the array, by persons who had been held to appear at this term charged with criminal offenses. The challenges were based upon the fact that only 85 names, instead of 2l>*) as reqtiired by law, were in the box at the time the jury was drawn. The challenge was sustained by the court and all the persons making the challenge were held in bail to appear at the April term, 1894. Three persons, charged with having committed ])ublic offenses, waived all objections to the jurv, and their cases were considered. November 23, the grand jury reported two indictments and "one bill not found" and were discharged. The court was adjourned on the same dav until January 2, 1894, at 2 o'clock P. M.

January 2, 1894, The court again convened. Joseph W. Jones, who had been elected to succeed Judg-e Aikens in the second judicial circuit, appeared and the oath of office was administered to him by Judge Parliman. George M. Higby was appointed official stenographer, and the real business of the November term of 1893 began. Twenty-two civil cases were tried to a jury, resulting in thirteen verdicts for the plaintiffs and nine for the defendants. One of the important trials at this term of court was that of State vs Dr. A. M. Fisher charged with manslaughter. It was a case of abortion, and the victim died on the 13th day of March, 1893. The following day, upon learning of her death, he took the first train out of the state. He was indicted at the April term. 1893, of the circuit court in Minnehaha county, and was finally located at Doniphan, Missouri, brought back to Sioux Falls and committed to jail June 14, 1893. The writer, then state's attorney, assisted bv Judge Aikens, appeared for the state and Judge John E. Carland for the defendant. The trial lasted four days and resulted in a disagreement of the jury. The case was again tried in the latter part of May, 1894, by the same attorneys, and lasted three days and again resulted in a disagree- ment of the jury, which at both trials had been about evenly divided. Soon after this trial Pisher obtained bail, after having- been in jail for nearly a year, and at the next term of court the case was dismissed. There was only one other criminal case tried at this term and resulted in a verdict of g-uiltv. Court adjourned February 10, 1894.

Ninth term, 1894. Court convened April 24. Joseph W. Jones, judg-e; D. R. Bailey, state's attorney; Georg-e A. Knott, sheriff; Albion Thorne, clerk; Georg-e M. Hig-by and Miss Marv Strohecker, stenographers. The g-rand jury found nineteen indictments, and were discharg-ed May 19. There were thirty-six jury trials, resulting- in twenty-four verdicts for the plaintiifs and ten for the defendants; in two cases the jury disag-reed. Seven criminal cases were tried, resulting- in five verdicts of g-uilty, one not g-uilty, and one disag-reement of the jury. One of the persons found g-uilty was J. Westle}' Hartwick, who had become quite notorious in Sioux Palls and vicinity, having- been charg-ed with a g-ood many petty oifenses, and it was a relief to the community that he was g-iven a home in the penitentiary for a while, at least. Court adjourned June 4.

Tenth term, 1894. Court convened November 20. Joseph W. Jones, judg-e; D. R. Bailey, state's attorney; Georg-e A. Knott, sheriff; Albion Thorne, clerk; Georg-e M. Hig-by, stenog-rapher. At the opening- of the court, sixteen criminals confined in jail were l)roug-ht into court; no challeng-e being- made, the g-rand jury were sworn and charg-ed by the court as to their duties. Twenty-one indictments were found. Pour persons plead g-uilty as charg-ed in the indictment, and five cases were tried to a jury, resulting- in three verdicts of g'uilty, one disag-reement of the jury, and one verdict of not g-uilty. In addition to the trials of criminal cases from Minnehaha county, was the trial of the Rev. John T. C. Wilson, indicted for rape in Lincoln county and broug-ht to Minnehaha county upon a chang-e of venue. He had been tried once in Lincoln county and found g-uilty, and sentenced to fifteen years in the penitentiary. The supreme court granted him a new trial, which took place in Minnehaha county, as mentioned above. M. E. Rudolph, state's attorney of Lincoln county, appeared for the state, and O. S. Gifford and Judg-e Palmer for the defendant. The case was ably tried by the attorneys on both sides, and the jury returned a verdict of not g-uilty. Twenty-five civil cases were tried to a jury, resulting- in thirteen verdicts for the plaintiffs and ten for the defendants, and two disag-reements of the jury. Court adjourned January 25, 1895.

Eleventh term, 1895. Court convened x\pril 23. Joseph W. Jones, judge; Peter J. Rogde, state's attorney; C. W. Hubbard, sheriff; Harry B. Carleton, clerk; George M. Higby, stenographer. At this term of court sixteen indictments were found by the grand jury. Pive criminal cases were tried to a jury, resulting in three convictions and two acquittals. Pour persons plead guilty. Two indictments were quashed, owing to an informality in drawing the grand jury. One of the cases tried was against Mark Scott, publisher of the Sioux Palls Journal, for criminal libel. This case was tried on both sides with great zeal and vig-or, but the jury returned a verdict of guilty, and Scott was fined $100. Twenty-two civil cases were tried to a jury, resulting- in eleven verdicts for the plaintiffs and ten for the defendants, and in one case the jury disajjfreed. The most important civil cases tried at this term were Kirby vs Howie, and Wm. Plankinton, assignee, vs M. Grij^rsby, the verdict in the last case beino- nearly $9,000. Two cases, in which the plaintiffs asked for damao-es ag-ainst the City of Sioux P^alls for chanu-int>- the street o-rade in front of their property, were tried; in the case of W. P. Carr, there was a verdict for the city, and in the case of Prank Gillett the jury disag-reed. The o-rand jury was discharg-ed Mav 13, and court adjourned June 25.

Twelfth term, 1895. Court convened November 19. E. (t. Smith, judo-e; Peter J. Rog-de, state's attorney; C. W. Hubbard, sheriff; Harry B. Carleton, clerk; Georg-e M. Higfby, stenog-rapher. Judg-e Smith presided at the trial of a few cases that could not be tried by Judg-e Jones. On the 2d day of December Judg-e Jones assumed the duties of judg-e. The g-rand jury reported to the court in twenty cases, finding- seven indictments, and discharg-ing- thirteen persons who had been bound over and was discharg-ed IDecember 18. Two criminal cases were tried to a jury, resulting- in convictions. Forty-three civil cases were tried to a jury. The court directed sixverdicts for the plaintiffs and four for the defendants. Seventeen verdicts were returned for the plaintiffs and thirteen for the defendants, and the jury disag-reed in three cases. The petit jury was discharg-ed January 24, 1896. This was a business term of court, and more cases were tried than at any former term of courtinthe countv, and althoug-h there were some quite important trials to the litig-ants there was none of public interest. Court adjourned on the 8th dav of February, 189(,.

Thirteenth term, 1896. The first day of the term was Tuesday, April 28, but Judg-e Jones being- necessarily absent. Clerk Carleton, under direction of the judg-e, adjourned court until three o'clock p. M., April 30, at which time court convened. J. W. Jones, judg-e; Peter J. Rog-de, state's attorney; C. W. Hubbard, sheriff; Harry B. Carleton, clerk; Georg-e M. Hig-by, stenog-rapher. The leg-islature of 1895 abolished the g-rand jury, except when petitioned for and ordered by the court, and this was the first term of court without a g-rand jury in attendance. The state's attorney filed three informations. One criminal and twenty civil cases were tried to a jury. The court directed one verdict for plaintiff, and three for defendants, and the jury returned nine verdicts for the plaintiffs and six for defendants and disag-reed in one case. The criminal case resulted in a verdict of not gfuilty. The jury was discharg-ed May 29, and the court adjourned June 12, 1896.

Fourteenth term, 1896. November 17th, the first day of the term, Judg-e Jones was absent, and the clerk adjourned the court until the 18th, and then until the 19th, for the same reason. On the 20th, Judg-e Jones returned, and the court convened on that day. The following- officers of the court were present: P. J. Rog-de, state's attorney; C. W. Hubbard, sheriff; H. B. Carleton, clerk; Georg-e M. Hig-by, stenog-rapher. Twenty-one civil cases were tried to a jury. Eleven verdicts were returned for the plaintiffs, nine for the defendants, and in one case the jurv disag-reed. The case of A. S. Sherwood vs the City of Sioux Falls, for injuries received throug-h a defective sidewalk, was tried at this term, and a verdict rendered for the plaintiff in the sum of S2,500. Joseph Kirby was fined S3(Ml for contempt of court. Almost anv other member of the Minnehaha county bar, if fined this amount, would have been compelled to board with the sheriff, for a time at least, but Joe drew his check and smiled as thoug-h nothing unusual had occurred. There were only a few criminal cases tried during- the term! Two persons pleaded g-uilty to the charg-e of burg-lary and were sent to the penitentiary. The jury was discharg-ed December 24, and the court adjourned January 7, 1897.

Fifteenth term, 1897. Court convened April 27. J. W. Jones, judg-e; C. P. Bates, state's attorney; Den Donahoe, sheriff; W. J. Crisp, Jr., clerk; G. M. Hig-by, stenogfrapher. Owing" to the fact that criminal charg-es of a peculiar character had been made agfainst certain persons, State's Attornev Bates asked the court to order a g-rand jury to be summoned, which request the court complied with. The g-rand jury returned eigfht indictments, one of them beingag-ainst the Rev. Richards of Dell Rapids. This case was continued, and the defendant afterwards left the state and a disg-usting-trial was avoided. The g-rand jury was discharg-ed May 10. Two persons pleaded gfuilty to petit larcen}- and were fined SIO each. One person was found g-viilty of setting- a prairie fire contrary to law, and fined SIO. The only other criminal case tried was the State vs Wemple, who was charg-ed with embezzlement. The jury found him not g-uilty. Every ex-states attorney of Minnehaha county will endorse the statement that it is impossible to convict a person of the crime of embezzlement in this county; the g-reater the embezzlement and clearer the proof on the part of the prosecution, the g-reater the number of jurymen who will vote for acquittal. Twenty-one civil cases were tried to a jury. Fifteen verdicts were rendered for the plaintiffs, and five for the defendants, and in one case the jury disag-reed. The jurv was dischargfed June 9, and the court adjourned June 24. ^

Special term. A special term was called July 12, for the purpose of considering- the matter of the disbarment of Joe Kirby. The hearing- occupied one day only, and the court ordered that he be suspended from the practice of law in all the courts of the state for the term of two years.

Sixteenth term, 1897. Court convened December 7. J. W. Jones, judg-e: C. P. Bates, state's attorney; Den Donahoe, sheriff ; Walter J, Crisp, Jr., clerk; G. M. Hig-by, stenog-rapher. There were twentyfive civil cases tried to a jurv. Fourteen verdicts were rendered for the plaintiffs, and eleven verdicts for the defendants. This term of court is remarkable for the fact that two homicides occurred duringthe term, and the persons charg-ed with committing- the offenses were tried during- the term. James Garring-ton was tried on the charg-e of murder of one Alfred Erickson, and the jury found him g-uilty and fixed the penalty of death; but the case was appealed to the supreme court and a new trial granted. The other was the case of an affray between (Gilbert Gihnan and John McDonald, shortly after which affray McDonald suddenly expired. (Tilnian was tried for manslaug-hter, but the jury found him not jjfuilty. A brief account of both these cases will be found elsewhere in this work. The jury was discharg-ed February 0, and the court adjourned February 14.

Seventeenth term, 1898. Court convened May 2-I-. Joseph W. Jones, judg-e; C, P. Bates, state's attorney; Den Donahoe, sheriff"; \V. J. Crisp, Jr., clerk; G. M. .Hig-by, stenog-rapher. Thirty-one civil cases were tried to a jury. Eig-hteen verdicts were rendered for the plaintiffs, and thirteen for the defendants. Six informations were hied by the state's attorney. One person was sent to the penitentiary, and two found not g-uilty. Since the grand jury has been dispensed with, the state's attorney finds it a delicate matter to determine what to do with a g*reat many of the cases where parties charg-ed with criminal offenses have been held by justices of the peace to answer to informations which may be filed ag-ainst them in the circuit court. In most of the cases he has no opportunity of hearingthe testimony ag-ainst them, and it naturally follows that more verdicts of not g-uilty will be rendered in criminal cases than there would be if the cases w^ere examined by a g-rand jury. The jury was excused June 27, subject to the call of the clerk of the court, and the court adjourned July 2.

Two terms of court have been held since the May term, 18*)8, but as the officers of the court were the same and nothing" out of the usual routine transpired and no trials took place of public interest, exce])t the retrial of James (xarring-ton, we bring- this chapter to a close with the statement that the legfislature in 1899, authorized the county commissioners to petition the court for the drawing- of a g-rand jury, and that upon the petition of State's Attorney Bates the court ordered a grand jury for the May term, 1899.

Probate Court

Ole B. Iverson was the first probate judg-e in this county. He was elected treasurer and judg-e of probate in 1871, and qualified, but there is no record of any business done by him during- his term of office. In 1872, H. J. Whipple w-as elected, and remained judg-e of probate until January, 1875. On the first pag-e of the record appears a copy of the bond of W. R. McLaury as administrator of the estate of Julius Heubschman, dated July 12, 1873, althoug-h a little further on is the record of business having- been transacted on the 5th of that month. C. K. Howard was probate judgfe in 1875-(). During- the first five years after the probate court had been established, its business was merely nominal, the records down to June, 1876, occupying- only twenty-five pag-es. This is readily accounted for by the scant population within its jurisdiction, the small number of deaths occurring-, and the still smaller number of those dying- who had enough property to administer upon. In 1877-8, C. W. McDonald held the office of probate judg-e, and he was succeeded by R. C. Hawkins, who retained the same from January 1, 1879, until January, 1890, when Edwin Par li man, who had been elected county jud^e with probate jurisdiction, took charg-e of the office, and by re-elections from time to time held the office until January 1, 1897. The first will probated was executed June 19, 1874, by Sylvia Herrick, and witnessed by Wm. Van Eps and T. H. Brown. She died June 25, 1874. Previous to 1890, there had been one hundred and fifty-eig-ht estates and about seventy cases of g-uardianship considered by the probate court. Duringf the first five vears of Judg-e Parliman's administration there were not less than four hundred and thirty estates and about one hundred cases of g-uardianship acted upon. The estate of Dr. J. L. Phillips, one of the pioneers of Sioux Falls, is the larg-est that has come under the jurisdiction of this court to settle, except a few estates of people who have died outside of the state having- property in Minnehaha countv requiring- administration.

County Court

Sec. 19. There shall be elected in each organized county, a county judge who shall be judge of the county court of said county, whose term of office shall be two years until otherwise provided by law.

Sec. 20. County courts shall be courts of record and shall iiave original jurisdiction in all matters of probate, guardianship and settlement of estates of' deceased persons, and such other civil and criminal jurisdiction as may be conferred by law; provided, that such courts shall not have jurisdiction in any case where the debt, damage, claim or value of property involved shall exceed one thousand dollars except in matters of probate, guardianship and the estates of deceased persons. W^rits of error and appeal may be allowed from county to circuit courts, or to the supreme court, in such cases and in such manner as may be prescribed by law; provided, that no appeal or writ of error shall be allowed to the circuit court from any judgment rendered upon an appeal from a justice of the peace or police magistrate for cities or towns.

Sec. 21. The county court shall not have jurisdiction in cases of felony, nor shall criminal cases therein be prosecuted by indictment; but they may have such jurisdiction in criminal matters, not of the grade of felony, as the legislature may prescribe, and the prosecutions therein may be by information or otherwise as the legislature may provide.

The leg-islature at its first session in 1890, enacted a law which defined the jurisdiction of the county courts, provided for the practice therein, and fixed the terms and salary of the judges.

This law provides that county judges be elected once in two years, at the general election; that the county courts have jurisdiction in all matters pertaining to the naturalization of citizens, the probate of wills, the administration and settlement of estates of deceased persons, the guardianship of minors, insane and incompetent persons, and the sale of real estate by executors, administrators and o-uardians; that they have concurrent jurisdiction with the circuit courts in cases wherein justices of the peace have jurisdiction, beinj*- limited in amount accordino- to the population of the counties, as follows; in counties of ten thousand the county courts have jurisdiction of cases involving- not to exceed one thousand dollars, with a less population not to exceed five hundred dollars, and a concurrent jurisdiction with the circuit courts in all criminal offenses where the punishment is not imprisonment in the penitentiary, or death, or the judg-ment mig-ht be the removal from office.

This law also provides that for the transaction of other business than matters relating- to probate jurisdiction, county courts shall hold two terms of court annually, namely, on the first Tuesdays of January and July, provided, that the terms of the circuit courts in the respective counties do not interfere, in which case the county judge may order a term of court to be held at any time within three months after the time fixed by law.

The leg-islature, in 1893, enacted a law that took away all jurisdiction from the county courts in counties havingf a population of less than twenty thousand, except "exclusive orig-inal jurisdiction in all matters of probate, g-uardianship and settlement of estates of deceased persons." Minnehaha and Lawrence are the only counties in the state that have a population of twentv thousand, and conse- ([uently are the only counties in which these courts retain the jurisdiction as conferred in the act of 1890.

Under the provisions of the constitution, Edwin J^arliman was elected judg-e of the county court of Minnehaha county in November, 1889; Judg-e R. C. Hawkins was also a candidate. In 1890 Judo-e Parliman was re-elected and ag-ain in 1892 and 1894.

At the time fixed for the first term of the county court, the circuit court was in session, and Judg-e Parliman, on the 18th day of Aug"ist, 1890, ordered a g-eneral law term of the county court to be held September 23, and the jurors were drawn and summoned to serve at that time. On the 23d day of September, court convened. D. R. Bailey, district attorney; John Sundback, sheriff; W. I). Stites, clerk; E. P. White, stenog-rapher. The first jury trial was that of John Johnson vs Georg-e Burnside, but the jurv could not ag-ree upon a verdict, and w^as discharg-ed. U. S. (t. Cherry was attorney for the plaintiff and Winsor & Kittredg-e for defendant. One other case was tried to the jury, that of Georg^e Proctor vs M. Grig-sby, and verdict rendered for the plaintiff. The jury was discharg-ed September 30. Some criminal business was done at this term of court, but nothing- of importance. The court adjourned November 1, 1890.

Second term, March, 1891. Court convened March 10. E. Parliman, judg-e; D. R. Bailey, state's attorney; John Sundback, sheriff; Albion Thorne, clerk; E. P. White, stenog-rapher. For the same reason as at the last term, court could not be held in January. At this term there were ten jury trials - five civil and five criminal cases. In the criminal cases three were convicted, one acquitted, and in one case the jury disagreed. There were fifty cases upon the calendar. The jury was discharg-ed March 27.

Third term, July, 1891. Court convened July 7. E. Parlimaii, judg-e; D. R. Bailey, state's attorney; John Sundback, sheriff; Albion Thorne, clerk; E. P. White, stenoorapher. No jury trials were had at this term.

Fourth term, March, 1892. Court convened March 16. E. Parliman, judg-e; D. R. Bailey, state's attorney; John Sundback, sheriff"; Albion Thorne, clerk; E. P. White, stenographer. There were only two criminal cases tried, one resulting- in a verdict of gfuilty, and the other of not g-uilty, it being- a liquor prosecution in which the evidence was conclusive on the part of the prosecution, and when the jury went out to consider the case, the defendant's attorney said: "There will be a verdict of g-uilty returned within ten minutes." Fourteen civil cases were tried to a jury, resulting- in eleven verdicts for the plaintiffs and two for the defendants, and one special verdict. The last case was tried on the 30th day of March.

Fifth term, July, 1892. Court convened July 5. E. Parliman, judg-e; D. R. Bailey, state's attorney; John Sundback, sheriff; Albion Thorne, clerk; E. P-. White, stenog-rapher. This was a short, unimportant term, with only three cases tried to a jury, resulting- in verdicts for the plaintiffs. The last case was tried on the 18th day of July.

Sixth term, January, 1893. Court convened January 3. E. Parliman, judg-e; D. R. Bailey, state's attorney; Georg-e A. Knott, sheriff; Albion Thorne, clerk; E. P. White, stenog-rapher. There were nineteen jury trials, resultingf in sixteen verdicts for the plaintiffs, two for the defendants and one disag-reement of the jury. The last case was tried January 21.

Seventh term, July, 1893. Court convened July 5. E. Parliman, judg-e; D. R. Bailey, state's attorney; George A. Knott, sheriff; Albion Thorne, clerk; E. P. White, stenog-rapher. Twenty-three civil cases were tried to a jur}-; nineteen verdicts were returned for the plaintiffs and four for the defendants. The jurv was discharged July 17.

"^ Eighth term, March, 1894. Court c^)nvened March 12. E. Parliman, judge; D. R. Bailey, state's attorney; George A. Knott, sheriff; Albion Thorne, clerk; George M. Higby, stenographer. There were five jury trials - one criminal, with a verdict of g-uilty, and four civil, with three verdicts for the plaintiffs, and one disagreement of the jury. The last case was tried March 17.

Ninth term, July, 1894. Court convened July 31. E. Parliman, judge; D. R. Bailey, state's attorney; George A. Knott, sheriff; Albion Thorne, clerk; G. M. Hig-by, stenog-rapher. There were no jury trials at this term of court.

Tenth term, February, 1895. Court convened February 12. E. Parliman, judge; P. J. Rogde, state's attorney; C. W. Hubbard, sheriff; Harry B. Carleton, clerk; G. M. Higby, stenog-rapher. There were six jury trials at this term of court, with three verdicts for the plaintiffs, two for the defendants and one disagreement of the jury.

Harr\- B. Carleton, clerk; (t. M. Hig-by, stenoorapher. There were seven civil cases tried to a iiirw The jurv was discharged on Tuesday, the *)th day of July.

Twelfth term, March, 18*)(). Court convened March 3. E. Parlinian, jud«-e; P. J. Roofde, state's attorney: C. W. Hubbard, sheriff: Harry B. Carleton, clerk: T. (t. Brown, stenot>-rapher. There were eight civil cases tried to a jury, and seven verdicts rendered for the plaintiffs, and one for the defendant. The jurv was discharged March 1().

Thirteenth term, July, 18^H). Court convened July 7. K. Parliman, judtre; P. J. Rogde, state's attornev: C. W. Hubbard, sheriff": H. B. Carleton, clerk: T. G. Brown, stenog-rapher. One civil casewas tried to a iury, and verdict rendered for the plaintiff. The case of State vs Sexton was tried at this term, and verdict rendered ag-ainst the defendant. Court adjourned July 17.

Fourteenth term, Februarv, 1807. Court convened Februarx 2. W. A. Wilkes, judge: C. P. Bates, state's attorney: Den Donahoe, sheriff: Walter J. Crisp, Jr., clerk: T. G. Brown, stenographer. Eleven civil cases were tried to a jury. Five verdicts were rendered for the plaintiffs and five for the defendants, and in one case the jurv disag-reed. On the lOth day of February the jury was discharged.

Fifteenth term, Julv, 1891. Court convened July 13. W. A. Wilkes, judge: C. P. Bates, state's attorney; Den Donahoe, sheriff: W. J. Crisp, Jr., clerk; Thomas Wilkes, stenographer. Five civil cases were tried to a jury. Three verdicts were rendered for the plaintiffs, one for the defendant, and in one case the jury disagreed. The jurv was discharg-ed July 23.

Sixteenth term, February, 1898. Court convened February 28. W. A. Wilkes, judge; C. P. Bates, state's attorney; Den Donahoe, sheriff': W. J. Crisp, Jr., clerk; Ernest Wilkes, stenographer. Seven cases were tried to a jury. Two verdicts were rendered for the plaintiffs, and live for the defendants. Court adjourned March 11.

Seventeenth term, July, 1898. Court convened July 19. W. A. Wilkes, judge; C. P. Bates, state's attorney; Den Donahoe, sheriff; W. J. Crisp, Jr., clerk; Miss Alice Bassett, stenographer. Only two cases were tried, and court adjourned July 25.

' Nineteenth term, Julv, 1899. Court convened July 11, and adjourned Julv 15. The judg-e.and other officers of the court were the same as the term preceding. A few jury trials were had.