A SERMON

On the History of the First Congregational Church of Lyons, Iowa, preached July 3d, 1864, by Rev. Geo. F. Magoun, Pastor, now Pres. of Iowa College.

     Ten years will have elapsed to-night, since the present name of this church--First Congregational Church of Lyons —was taken. It was done at a church meeting in the old brick school house, July 4,1854. The church, however, had been in existence as an organization covering this with adjacent ground for nearly fifteen years previously, now nearly twenty-five years in all. On the 21st of next December a quarter of a century will have elapsed since that pioneer church, the mother church, of which this is a continuation and a representative, was organized. It took place at Union Grove, in Illinois, a dozen miles away, and a mile or two from the present town of Morrison. It was at the house of Henry Ustick, Esq., Rev. John H. Prentiss, of Fulton, presiding, and the master of the house, with Mrs. Abigail Ustick, his wife, Joseph Town and Hannah Town, his wife, Eliza Prentiss, wife of Rev. Mr. Prentiss, and Elijah Town-six persons-were organized into the first Congregational Church of Union Grove." Six years afterwards there were twenty members,-eighteen had been received, ten of them residents of Fulton, eight of Lyons. One of these ten had died, and also two of the original members, another of whom had been dismissed. the members then residing at Union Grove, less than the original number, of whom only three now remained, organized that year separately, and to avoid a conflict of names, and because part of the membership was this side of the river, "residents of Lyons and vicinity," the name of the original church, this church, was changed to "The Congregational Church of Fulton and Lyons." The next year, 1846, it joined the "Northern Iowa Association," there being no Congregational bodies in the vicinity of Illinois. Eight years after—the church being fifteen years old—a legal incorporation was effected, also on this side of the river, the record running, "State of Iowa, Clinton Co.," the legal name taken being, "First Congregational Church of Fulton and Lyons; and the record adds, "to be at Lyons, in said county, located." Twenty-six more members had been added in these years, twenty-four of them upon this side of the river. July 4th, following the incorporation, the church again changed its name, by dropping the word "Fulton." On the 22d of that month the First Congregational Church of Fulton was organizes, with seven members, four of them dismissed from this, three of them "other professors of religion'' residing in Fulton. Our own organization, however, was not affected by either of these changes of name or place. It continued the same. The Union Grove and Fulton churches were other and new churches, separating from this. The Union Grove church is extinct; if any of its members survive, they are in the church of Morrison. The Fulton church had the original records granted by this church ten years ago, in consideration of its being on that side of the river;—(the records being first copied into our book,) but that church is also now extinct, the members having all been dismissed by letters two years ago, and the church disbanded, and the same members, on these letters, being immediately organized into the Second Presbyterian Church of Fulton, which of course, is not historically, or in any way, a representative of the original Union Grove Congregational Church. Our organization has been kept up, unbroken, from the 21st of December, 1839, until this day. The 2lst of December, 1864, will complete the quarter of a century.
     There are now more than a hundred and fifty Congregational Churches in Iowa; there were seventy, less than half as many, ten years ago when Fulton church separated from this. There were twenty six, one quarter as many, when the second Union Grove church was formed. There were three when this church was organized in 1839. These three were at Davenport, at Danville, (near Burlington,) and at Denmark. The Davenport church was gathered just five months before this; the Danville church just six months before; the Denmark church nearly a year and eight months before. Previous to that year there was but one sustaining the principles of the Pilgrims of New England in what was then the new Territory of Iowa. That was "Father Turner's', church" at Denmark. It was organized May 5, l838, when the settlement was two years old, and two months before Iowa Territory was severed from Wisconsin Territory, July 4, 1838. Denmark at that time was itself in Missouri Territory, the old north line of which ran a little way above where Burlington now stands. All this side of that line (11 ° N. L.) was Wisconsin till July 4, 1838, when a new line farther south was established for a new Territory named Iowa. But years after that missionaries were commissioned to " Fort Madison and Dubuque, Missouri." When this church was organized there were less than 23,000 people. in Iowa. The country had been open to settlement for five years. Seven years before there was but one inhabitant except Indians and Indian traders. Fifteen years before, i. e., forty years ago, President Monroe proposed to colonize the Indians west of the Mississippi here, as they would never be disturbed by white men! In 1839 about 65 miles in width from east to west had been in some sort opened to settlement. A few of the older towns, in the southern part of the Territory chiefly, had been founded. a half breed interpreter, Antoine LeClaire, had begun a village in 1833 at Davenport-on or near the site of an old Indian one,-it had been surveyed in l837, and in the fall before this church was planted a town organization had been effected there. It boasted 50 buildings. About this time Iowa City was selected as the future State Capital, Poweshiek's band of Sacs and Foxes being encamped two or three miles o£ Three years before, "Father Turner" and Rev. William Kirby, of Illinois, had been upon an exploring Missionary tour as far north as eight miles this side of the spot where Davenport was afterwards commenced, where "Father Turner" preached the second sermon in the county of Scott, which then extended north of this place, the Territory containing but two counties. He says that "all the West lay spread out just as the Lord made it, in all its primitive beauty. Muscatine was disfigured by one (log) cabin. Indians were encamped (on the site of Davenport) waiting to receive their pensions from the Fort on Rock Island. This (Chamberlain's neighborhood above Davenport,) was the northern boundary of civilization. There was talk of some explorers who had gone up as far as Wapsipinecon. Dubuque, then, we did not call a "civilized place," On the other side of the river the people were so few that about the same time one of the earliest settlers of this place passed down from Port Byron to New Boston, where he found the wagons of two or three white men, having met no one on the way. As late as 1840 Iowa City was not yet upon any map. In 1843 the Indians were still so troublesome that Fort Atkinson was built above Dubuque, as a protection against them.
     The first settlement in this county of Clinton was made in this town four years before this church was organized, by our fellow-citizen Mr. Elijah Buell, viz, in July, 1835. The second settler was Mr. George W. Harlan, who had been in the fort ton Rock Island in the Black Hawk war, and subsequently made a "claim" where Port Byron is now built. The chef operations in this wild region then were speculations in land claims. It was in consequence of Mr. Buell's coming here that Mr. Harlan, who, with George and Archilbald Allen, had commenced the settlement at the head of the Rapids, sold out at Port Byron and came here, November, 1835. Mr. Buell brought his effects, in boats, the July previous, and built the first cabin—on the landing between the site of Hill & Thomas' Elevator and that of the next building south. He made hay that season down this (Main) street, where brick buildings now stand thickest, and it being all open prairie bottom, hauled the crop toward the river, or as we should say, down town, for protection against fire, which then swept unrestrained over all this plateau. That fall he brought the first cattle into the county, and wintered them on hay. At that time Mr. LeClaire was the only inhabitant of Davenport, and a Mr. Sullivan, (afterwards of Rockingham,) the only one of Rock Island, trading with a few boxes of goods nearly opposite Fort Armstrong. A claim had been taken up between Fulton and Albany, by John W. Baker, but there were no villages along this portion of the river.
     The year after Mr. Buell came, (1836) Fulton and Sabula were commenced, and Rock Island was laid out, but without any people. In the fall of 1837 there was a beginning at Camanche; the surveyor who laid out the place went through on foot to Chicago in the winter, and sold town lots there from a sketch, without having driven a stake; people came from Chicago in the spring, and Camanche was quite a town before there was anything here or at Fulton. In l838 or 1839 Albany was begun on John W. Baker's claim. The second Territorial Legislature meeting at Burlington in the winter of 1839--40 organized our County of Clinton, and it being represented that Camanche polled more votes than all the rest of the county, that was made the county seat. Subsequently, on the question of county seat being submitted to the people, one was selected on the prairie where DeWitt now stands, there being no inhabitants there, and a hewn log court house erected." Mr. Buell ploughed the first land in the town and county in the spring 1836. The next spring the town plat was surveyed. The town was then named, after the city of the same name in France, by Mr. Buell and Mr. Dennis Warren. The first town organization was elected when the county was organized, three years after. All over this region then the law was "club law" for years. There were self-protective associations at Davenport and elsewhere to defend land-claims. When our Union Grove organization commenced in 1839, the population here consisted of 19 adults and 26 children. A large part of them came from Canada. The families were the following: Mr. Buell's, Mr. Harlan's, that of Mrs. Agnes Boyd, William Hogan's, David W. Fisher's, Elijah Owen's, with Alexander Aikman and his six sons, one of whom had a family. They all lived within forty rods of Mr. Buell's cabin by the river. Mr. Phillip Deeds also belonged to the settlement, living then alone on his farm to the southwest. Mrs. Boyd was the first member of this church residing on this side of the river. She joined three months after the organization, (in March, 1840,) and died in February, 1858. The second on this side was Mrs. Jennet C. Boynton, (May, 1852,) who came from Canada, and has since removed to California. The third was Mrs. Elisabeth Owen. Dea. Wm. K. Vincent, who came in 1846 and died in 1859, was at his death the oldest resident member on this side; but he joined the church after the first change of name. Mr. William Warner, now of the army investing Petersburg under Gen. Butler, would be the oldest resident member at present, if he were at home. The oldest one continuously resident now is Mrs. Sarah Stockwell, who united on profession April, 1849, fifteen years ago, and ten years after the organization, while it still included Fulton.
     In the early years the town grew very little. The first trader came in 1841, a Mr. Seball, from Georgia, who sold goods for Mr. W. G. Haun. The store is now a part of the Foundry opposite the National Bank, and was the first frame building erected in town. The second store opened was that of Bope & Clayker, who were succeeded by Mr. Thomas Crew, September, 1850. Mr. Albert M. Jacobsen succeeded Mr. Seball in 1849, but shortly went out of business. Mr. Crew was the only trader. There were about 200 inhabitants. Mr. James Hazlett came in 1853. After that the first stores were on the landing near his present place of business. The railroad project of 1859, to Dixon and West, gave the first impetus to business and population. Meantime the little church had received up to that time about fifty members. But the village was in the earlier years so remote from the conveniences of civilization that the first settler was in the habit of procuring his family medicines as far off as St. Louis, an assorted supply for two or three years at a time! The first minister of this church was Rev. John H. Prentiss who organized it. He resided at Fulton. He was from Onondaga, "West Hill," New York; came to Joliet, Illinois, June, 1835, organizing the Congregational Church there, and removing to Fulton in 1838. Dr. Daniel Reed of Fulton, was one of the original members of both these churches. Mr. Prentiss preached here a year or two, and then removed successively to Naperville and Payson, (Ill.,) and to Onondaga where he still resides. In June, 1841, Rev. Oliver Emerson, Jr., a member of the little church at Davenport, who had been a Baptist minister there, but rejected by the Baptists for not adhering to "close communion," and had preached six months for the Congregationalists, began to preach here, "at regular, though distant intervals, and occasionally administering the sacrament," continuing till 1844. Part of that time other ministers preached here—his cousin, Mr. Thomas P. Emerson, an un-ordained licentiate, who had labored previously at Marion, and Mr. John C. Holbrook, one of the first deacons of the Davenport church, also a licentiate, commissioned for the winter of 1841-2 as a home missionary for "Pleasant Valley, Clinton County, &c" Mr. T. P. Emerson left the State, and Mr. Holbrook was sent to Dubuque in the spring of 1842. The appointments of these brethren were arranged by Mr. Emerson; and fulfilled, as his were, on this side of the river. Two or three years after (1814) his labors were directed to De Witt, Albany, (Ill.,) "and places between and round about." Lyons and Fulton were destitute. Dea. Vincent came in September, 1846, and his fidelity and earnestly active piety made up, in good part, the lack of a ministry. I do not know but he ought to have almost an equal place among those who have had the care of his church with that which Elder Brewster holds in the church of the Pilgrim Fathers at Plymouth. The prayer meeting he sustained with unflagging zeal In the fall of 1866 this father in Israel, who sits before me, (Rev. Hiram G. Warner,) came here. He had been for a few years a Congregational minister, but for 27 years previous to 1841 a traveling and local Methodist preacher, uniting with Congregationalists first in the Milwaukee (Wis.) "District Convention," some 23 or 24 years ago. Father Warner is now 75 years of age. He was licensed to preach by the Methodists at Oswego, N. Y., at the age of 25; in the year 1814. It is therefore fifty years since his work in the ministry began. I suppose there is no other man living in Iowa licensed so long ago as a Protestant preacher. In the spring after he came (1847) he began to preach in his own log cabin two miles north of town, and then in town, there being some fifteen or twenty houses, and continued to preach there until Mr. Emerson resumed his appointments, doing missionary work for some time in the neighborhood. He was long the only resident minister to bury the dead. Mr. Emerson labored again between one and two years till Rev. Silas J. Francis came, in the summer of 1840. Mr. Francis was commissioned to "Fulton and Lyons" before the legal organization here, but lived and preached on this side of the river two years, until l851. The next preacher was a Free Will Baptist, Elder Junia T. Morey, who came from Rhode Island, an early acquaintance of the Pearce family, several members of which were in the church. He seems to have preached about two years, and now lives at Sand Prairie, on the Wapsipinecon. In 1853-4 Mr. Emerson's work was resumed again. The people were preparing to build their first church edifice, and he aided in this, but had no commission for this field. In 1854, Rev. J. C. Strong, formerly a missionary of the A. B. C. F. M., among the Choctaws, became the minister, and remained two years. After he left in June, Mr. Lorenzo J. White, then a licentiate, was invited to preach for one year, but declined. Rev. S. N. Grout, of Fulton, then supplied the pulpit one month. In November Rev. Ovid Miner was engaged for six months, "to preach one sermon every Sabbath P. M.," and Rev. George R. Moore "to preach at 101/2 o'clock A. M.," Mr. Miner did not remain his full time, and the forenoon service was given up in January, 1857. In the following May, Mr. White accepted another invitation and began his labors. He was ordained and installed the next year, (June 7,1858,) and resigned in July, I860, after a ministry of three years and two months. A call was then given to the present pastor, which was at first declined, and renewed in November, and accepted, and his labors commenced with the first of December and have now continued three years and seven months. In length of time Mr. Emerson's ministry here is first- some six years—mine is the next longest. In the number of members received, Mr. White's stands first—more admitted in one year than in all of Mr. Emerson's or mine. In the number of services held and sermons preached, mine comes even before Mr. Emerson's, for he lived elsewhere, and supplied a number of other places, and was here not frequently. But in the self denials, fatigues, journeyings, perils, exposures to health and expenditure of strength it cost, there are none of us who have ever labored here who can compare our ministry with Mr. Emerson's.
     The remuneration to those who preached and ministered in early days was very slight. Something—a little—was paid to Mr. Emerson from 1841 down. Father Warner, being engaged in opening a farm, was never commissioned here as a home missionary, or paid for his labors. During the time of his preaching here and there, some four or five years, he once received from a gentleman at the funeral of whose wife he had preached, $2.50 in a letter. I found upon the records in Davenport that in 1810 Mr. Emerson was voted for service there $15.00 a month and a seat at the tables of the church members in succession. In 1856 this church voted Mr. Grout $15.00 for preaching one month—one sermon a day, I suppose. The self sacrifices and unrequited toil which the planting of these churches cost the ministers at an early day can hardly be appreciated now.      This church has had in all three places of worship of its own. Religious services began to be held on this side of the river first in 1836, after the new Union Grove organization, though sometimes still at Fulton. They were held a few times previously at Union Grove, but chiefly at Fulton. The first places of meeting in this town were the log cabin of Mr. Daniel Hess on Second street, just north of the foundry, and now a blacksmith's shop, and the cabin of Wm.. Logan, rented for a time as a school house, which stood nearly on the site of the present "St. Louis House," upon the landing. Preaching was also held at Mr. Buell's cabin, in the Thomas neighborhood, at Father Warner's, as before mentioned, and in what is now Clinton. In 1847, after Mr. Warner began to preach in town, the new brick school house,—still standing with additions on Fourth street, south of Main,—became the center for public worship. It was the smaller part next to the street which was then built. To this the people came from Teed's Grove, seven miles north, and from the Thomas neighborhood, four miles south. The Congregationalists and Methodists used it alternately. The first church edifice ever erected in town was the old brick Catholic church, now used as a warehouse, next back of Dr. Ennis' drug store. It was built in 1851. The second one was the brick Congregational, still standing in New Town, the first Protestant church edifice. The subscription paper with which it was started is dated April 16,1854; Wm. K. Vincent, Wm. Sherman and Elijah Buell committee to whom subscriptions were to be paid. It was erected in I855-6, principally through the indefatigable and self denying exertions of Deacon Vincent and Wm. Sherman. For a few Sabbaths before it was opened the old brick Catholic church was occupied. It was dedicated July 13, 1856, President Blanchard of Knox College preaching the sermon. The prospects of that part of the town, through which the railroad had been expected to cross from Illinois—after the railroad interests were removed to Clinton—rendered the location undesirable, and public service was held in it but a short time. Mr. Miner's last preaching was in that house, and the first of Mr. White's; though Mr. White's first sermon, the year before, was in the old Catholic church. The next April after the dedication it was decided to build again; this lot was obtained, an edifice of wood was erected in about two months time, and dedicated within a year from the dedication of the brick church, less one day, vis., July 12, 1857, the present pastor, then pastor at Davenport, preaching the sermon. In November or December following, during a series of meetings held with the aid of Rev. George Clark of Ohio, a Lecture Room was added at the southwest corner for inquiry and prayer meetings. In March, 1859, a belfry and bell were added. In February 1860 the house was destroyed by fire; the bell, the carpeting—part of this now in use—the lamps, the settees-part of these—and one pulpit chair being saved. In March (1860) it was voted to build again; the present edifice was erected, though not completed, and dedicated on the 24th of June, Rev. Dr. Haven, Professor in Chicago Theological Seminary, preaching the sermon. the audience room then occupied but part of the building, this west end being partitioned off for a lecture room; and the tower was built no higher than the bell deck. In the fall of 1861 the audience room was enlarged to the size of the house. In the fall of 1862 the spire was completed, and the present chapel building erected, and dedicated October 12th.
     The first deacons of this church were Henry Ustick of Union Grove, and Daniel Reed of Fulton-elected January 15th, 1840, at Union Grove, the church when first organized having no officers but Moderator and Clerk. They served nearly six years, when Deacon Ustick went with the new Union Grove organization, and Dr. Reed removed to Galesburg, Ill. for five years again the church was without deacons; though it was voted that "Brother Allen Cowles act as deacon until further action," which he did, though never formally elected, until he also moved away. The second deacons were Wm. K. Vincent and Grosvenor H. Rice, elected March 16, 1851. Mr. Rice ceased to be deacon when the new Fulton church was formed ten years ago, he and his wife and Dr. Reed and his wife (who had returned in the meantime,) being the four dismissed to commence that organization. Deacon Vincent continued in office till his death in Aug., 1859. The next election, May 1856, was that of Francis Page to the place left vacant by Deacon Rice. The senior deacon living at a distance, in April 1857, a third was chosen, Brother Amos B. Blakely, who, however, never accepted the office, and in September Dr. Joseph Brown was appointed. In May, 1858, a Church Manual was adopted which provided for four deacons, and Messrs. Vincent, Brown, Page and John Q. Root were chosen. After the death of Deacon Vincent, Nov., 1839, Brother J. H. Barnun was elected to the vacancy, and on the dismissing of Dr. Brown last Dec., Dr. Albert P. Sayles was elected.
     The first Sabbath School ever gathered here is said to have been "held in the summer of 1839, in the house of Chalkley A. Hoag; this school was not regularly organized; the first organized Sabbath School was held in the summer of 1841 or '42, Frederic Hess Superintendent." When Father Warner came he found none in existence, and gathered a new one, in 1847, at his cabin two miles out of town. There are young persons here now grown to man's and woman's estate who were carried to that Sabbath School from town, being then children. After that there was a Union Sabbath School till 1856, in the brick school house. Deacon Vincent was Superintendent for a while. The Congregational Sabbath School was first held-in our brick church in 1856, with 37 members on the first Sabbath, Francis Page, Superintendent. It has had for Superintendents since, Deacon Page, Dr. Brown, Deacon Barnum and Dr. Asa P. Tenney. As other churches have been formed and church edifices built, other Sabbath Schools have come into existence; the Methodist Sabbath School, for example, being, organized May 25th, 1856, with 23 scholars.
     The choir of this church has had a history specially pleasant in that it has been chiefly composed from the beginning of the same persons, and has been exempt from misunderstandings and dissensions. It has been, in deed and in truth, a fountain of "harmony." Mr. Mark M. Jones has been for the longest period its conductor. The Ladies' Societies hardly belong to the public history of the church. The first one was organized May 28, 1855.
     The other churches in town, the majority of them the juniors of this by fifteen years, were organized in the following order: The course of organization in the Methodist Episcopal church is peculiar, and not after the complete form of other denominations. A "class'' was gathered here in the summer of 1840,—the year after our organization,—by Barton H. Cartwright, of Illinois, the first Protestant preacher in Iowa, as I suppose He is said to have been "a member of Rock River Conference." Lyons was made a part of Camanche circuit, and continued so for several years- "In the summer of 1855, the circuit somewhat changed; the conference sent Rev. J. B. Taylor, who at once commenced to make arrangements for a station. The first quarterly- meeting of Lyons charge was held October 18, 1856." The Roman Catholic church was gathered in 1851. The Lutheran in 1954. The Baptist church was organized in 1855, (Aug. 23) an earlier "Fulton and Lyons" Baptist church having been gathered in I845, and disbanded after an existence of about four years.— The present church has no connection with that whatever. The Presbyterian church was organized in l855, (Nov. 11) and the parish of Grace Church in December of the same year. The German Catholic Church separated from the other of the same denomination in Jan., 1863. Nothing ever fees. They soon returned to Court, were discharged, and the Court adjourned till the next term.
     Jeremiah Church, one of the jury, says in his journal, they were an uncouth and barbarous looking set; that he felt constrained to apologize to the Judge for their rough appearance —but Mr. Church does not state whether his habiliments were altogether up to the dignity of a grand Juror or not. Judge Williams jocosely told him that men might have clean hearts under dirty shirts; and that in a new country every allowance was to be made for personal attire and appearance.
     Judge Williams, afterwards Chief Justice of the Supreme Court of Iowa, possessed valuable and extensive legal acquirements, which his long judicial career in this State has abundantly proven. He was, withal, an inveterate joker, and never so happy as when he had an opportunity to give his mirthful proclivities full exercise. many stories illustrating his ready wit and appetite for fun, are related. The only person, however, who ever beat him with the tongue, was a woman, Mary Haps. The feminine Charon of the Des Moines rather checked his loquacity, when one day he attempted to play off one of his jokes upon her. The Judge was boarding on the river—bridges existed only in the imaginations of the most enterprising—and in attending Court he crossed to and fro in a skiff. Sometimes one, sometime another ferried him over, but once there was no man at hand. Miss Hays, a young, and in all probability, a very good-looking lady, was washing near the river bank.
     "Mary," said the Judge, "how am I to get across this river ?"
     "Why try, in a skiff, I suppose, Mary quietly replied.
     "But there is no one to bring back the boat, and I am a poor rower. Now, Mary, really, don't you think you could take pity on a man in such troublesome predicament, leave your interesting work and volunteer to row me over? I'll pay you in any number of—kisses you ask, sweeter and heartier ones than you ever received in your life."
     Certainly, I'll take you over; but as to kisses, Mr. Judge, I don't want any thing of that sort, particularly from such an old scrub as you."
     "O, I suppose you have had rather a surfeit of that article lately. Has Jim ___"
     "Now, Judge, If you want to go across, just get in and sit still, and be still!"
     Judge Williams waited until they had got fairly out in the current of the river. Mary plied the oars as if she had seen sea-service.
     "Mary."
     "Sir."
     "Suppose I just turn this boat down stream, carry you off and marry you; would it not be a delightful plan. You would just suit me, and I would you. Certainly destiny always in tended us for mates, and I suppose a little scheming would be excusable to gain such a lovely prize as you. Here we go now, down the river to New Orleans, or elsewhere."
     At this Mary's provoked spirit fairly glittered in her eyes. With intensity of emphasis, she exclaimed:
     "You carry me off ! You marry me! I would not have such an old dried-up cracklin'. I wouldn't marry you if you were the last man on earth, and a woman couldn't get to heaven without a husband; and if you don't stop your nonsense and behave yourself, I'll pitch you head first into the river, and you may make as long a voyage as you please, but one thing is certain, you don't take me with you!"
     The Judge, of course, stopped teasing her at this, laughing heartily at her Amazonian threats; and rumor does not say whether he paid his fare in exchange in Cupid's bank or not.

LAW PROCEEDINGS IN EARLY TIMES

     We now propose to give something of a later date, showing the astonishing advances made in legal knowledge in a few years, and the jocular spirit of some of our lawyers. The history of the case we here insert is briefly this:
     William Oakes became indebted to various persons, in small sums, as naturally happens in the course of business, and among others to Reuben Davis and Wyatt Brownlee. Oakes went to Boone County to attend to a farm he had there, and while he was gone Davis brought suit against him by attachment, before Madison Young, Esq., and obtaining a judgment, an execution was issued, and Mr. Oakes' cow sold by the constable to satisfy the judgment. At this suit Mr. Brownlee was a witness. However, as it happened this cow was the only one Mr. Oakes had, consequently she was exempt from execution; and on his return he applied to Hon. Curtis Bates for council, who relieved the cow from the purchaser, Wm. D. Corkeram, and she was placed again in the possession of Oakes. Corkeram had paid sixteen dollars for her, which, of course, he did not wish to lose, and for want of better advice sued Davis and Brownlee (plaintiff and witness in the former suit), on the following bill:

     February 21st, 1843
     Reuben Davis and Wyatt Brownlee,
     To Wm. D. Corkeram, Dr.
     To cash paid for a cow at constable's sale, $16.00
     " costs of suits before Wm. M'Clelland, Esq.* 5.00
     " keeping cow four weeks, 4.00
     " expenses in prosecuting and defending suits, 15.00
     Total, $40 00
     Davis and Brownlee were not, certainly, responsible because Mr. Corkeram chose to buy and keep a cow illegally seized and sold by the constable, but his attorney, Madison Young, Esq., thought otherwise, and the parties met for trial.
     To plaintiff's petition, setting forth the grounds of his claim, the defendant returned the following answers. The reader, if at all versed in law, will perceive they are quite a variation from Chitty, Gould, and all the established authors upon pleading.
Mr. Young was for plaintiff, Bates and Jewett for defendants.

     DAVIS'S ANSWER

     Wm. D. CorkeramBefore W. M'Clelland, a Justice of the vs. Peace within and for the township of Reuben Davis and Des Moines, Polk county, and State of Wyatt Brownlee. Iowa
     The separate answer of Reuben Davis to a petition filed against him in the above snit. And for answer to the charge in said plaintiff's account or petition first specified, defendant says: That the defendant never was a constable nor a deputy, nor did he ever officiate as one, nor did he ever directly or indirectly sell, bargain, or contract to soil, bargain or contract to said plaintiff any cow, bull, calf, steer or any other animal of that species, either as constable, deputy constable, sheriff, deputy sheriff, or in the character of any other officer, either judicial, ministerial or executive, or as a private person, for himself or anybody else, either as principal or agent.
     And though said cow might have been sold,
     And paid for in American gold;
     Yet this defendant never did,
     Either sell or take another's bid.
     And as to the second account in said plaintiff's account or petition specified, this defendant for answer says: That he never was chosen either as plaintiff or defendant, in any suit at law or equity, which was tried before said Justice of the Peace, and if he ever was a party it was bald-faced meanness and transparent folly, not to inform him of it.
     And that a suit could e'er be tried,
     And the parties never notified
     Is clearly wrong-and this Court sees,
     That we are not liable for the fees.
     And as to the third charge in plaintiffs account or petition specified, defendant for answer says: That he never employed said plaintiff to keep a cow for him, that he paid him for all the keeping of cows he ever did for this defendant; and lastly, that this defendant never had any cow, that plaintiff could have kept.
     And Why this defendant should be dunned
     For keeping of cows he never owned
     Or which he never agreed to pay,
     I all submitted for the Court to say.
     And as to the fourth and last charge in plaintiff's account or petition specified, this defendant for answer says: That he never employed said plaintiff to either defend or prosecute a suit for this defendant; that the last time he did employ him he managed it so badly that he was not entitled to any fees, and that this defendant has paid him all his services were worth.
     And to charge this party with that load
     In not according to the :Code."
     And the only way we think to end it,
     Is to render judgment for defendant.
     J. E. Jewett, Att'y for Davis

BROWNLEE'S ANSWER.

     Wm. D. Corkeram vs. Des Moines' Township, Polk County, Reuben Davis and Iowa, Feb. 26th, 1863.
     Wyatt Brownlee.
     Now, as you see, Comes the defendant Brownlee And on his own book defends-Because he seriously contends,
     That he is not indebted;
     As by said Corkeram stated. "Persons having adverse interest to plaintiff. May, as defendants, be joined," says the Code:
     And to join those having unity Of interest, is the true mode, But Brownlee doth most seriously declare, That he never joined in the suit now pending, Is far beyond his comprehending.
     Plaintiff's bill charges the defendants, sixteen dollars, As cash, paid by him for cow. Which (as we gather from what follows),  He bought at a constable's sale, somehow-When she was offered as the property of the poor man Oakes.
     And being his only cow, the sale turned out a hoax. That Corkeram in good faith, to the constable His money paid, isn't denied;
     Nor that the money was to the payment Of Davis' judgment applied.
     But what of that? This defendant was but a witness No party to the suit-Though he fed, for a short time, The old, dumb brute, But neither this, Nor the receipt of his fees, could make him jointly liable with Davis'-if the Court please, nor is he liable to Corkeram,
     In any event;
     He therefore asks for costs And for judgment!
     Wyatt Brownlee, by his Att'y, C. Bates.

     We need only add to conclude this amusing affair, that judgment was rendered for defendants; that the "poor man Oakes" kept his cow; that Davis kept the money he received from the sale of her, by the constable; and that Corkeram lost his sixteen dollars, which he paid to the constable; his four dollars for four weeks' cow-pasture; and his twenty dollars, alleged, in his bill as expenses of sundry law-suits.
     Davis and Oakes were the most highly gratified at the result, as one received payment of a just debt; the other, in satisfying the debt, found his property undiminished. To Corkeram, it is yet an inexplicable mystery, why, when he had paid Oakes' debts, he could obtain no relief at law!