Biographical and historical memoirs of Story County, Iowa, Part 19

Author:
Publication date: 1890
Publisher: Chicago : Goodspeed
Number of Pages: 484

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The office of assessor of internal revenue for the Federal Government was held for sever- al years by John Scott. The district comprised about one-third of the State, extending from Black Hawk County to the Missouri River.

The officials named above were citizens of Story County, and held the offices as such, by

virtue of election or appointment, in the several districts. In other cases the county, being part of a district, was represented by citizens of other counties, as follows: In the Third General Assembly, by P. M. Cassady, of Polk, in the Senate, and by L. W. Babbitt, of Mar- ion, and E. R. Guiberson, of Madison, in the House; in the Fourth General Assembly, by A. Y. Hull, of Polk, in the Senate, and by Dr. Rice, of Boone, and J. C. Goodson, of Guthrie, in the House; in the Fifth General Assembly, by J. C. Jordan, of Polk, in the Senate, and by Samuel B. McCall, of Boone, in the House; in the Sixth General Assembly, by Aaron Brown, of Fayette, in the Senate; in the Eighth Gen- eral Assembly, by S. B. Rosecrans, of Hamil- ton, in the Honse; in the Tenth and Eleventh General Assemblies, by Henry C. Henderson, of Marshall, in the Senate; in the Twelfth and Thirteenth General Assemblies, by Isaac J. Mitchell, of Boone, in the Senate; in the Eighteenth, Nineteenth and Twentieth Gen- eral Assemblies, by John D. Gillett, of Boone, in the Senate; in the Twenty-second and Twen- ty-third General Assemblies, by Senator Davidson, of Boone.

Members of the House of Representatives in the National Congress have represented Story County as follows: Lincoln Clarke, of Du- buque, 1851-52; John P. Cook, Davenport, 1853-54; James Thorington, Davenport, 1855- 56; Timothy Davis, Elkader, 1857-58; Will- iam Vandever, Dubuque, 1859-62; A. W. Hubbard, Sioux City, 1863-68; Charles Pom- eroy, Fort Dodge, 1869-70; Jackson Orr, Boone, 1871-74; Addison Oliver, Monona, 1875-78; C. C. Carpenter, Fort Dodge, 1879- 82; A. J. Holmes, Boone, 1883-86; E. H. Conger, Des Moines, 1887-90.

Elsewhere it has been noted that the first records, which were of that primitive character suited to the genius of a county official who

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looked only to substance and not to form, were kept at the judge's residence, first near Bloom- ington, afterward at the county seat. Also that during a portion of that time some facili- ties for transacting business and meeting his constituents were afforded at the Pioneer Store. The small building that was temporarily secured for the use of the recorder and treas- urer, south of the park, in Nevada, was not used by other county officers. It was not until 1856 that a building for county offices and courts was erected. This was a two-story frame, about 40x32 feet, the court-room being on the first floor and the offices above. The vestibule and stairway were at the north end, and there were three rooms above.

There was a low platform at the south end of the court-room, a part of which was en- closed by a slight railing and pickets for the protection of the clerk in the southeast corner. The county funds would not justify the fur- nishing of the house when it was first com- pleted. There was, therefore, no bar, nor per- manent seats for the audience. Temporary seats were arranged by placing planks upon .some primitive support, and the seats thus extemporized were used by attendants upon the courts, by audiences for church purposes, and even by the children for school seats. The entire cost of the structure was about $1,500. It was on the northeast corner of Block 25.

There being no other room suitable for pub- lic meetings, and this building being county property, the court-room was used in that man- ner upon all occasions, even to the extent of being occupied for school purposes. It was understood that the school district paid rents to the county for such uses. As cold weather approached, it was discovered that no provision had been made for warming the building. It was, therefore, necessary to put in flues and set up stoves. It is probably to this fact that the

destruction of the house by fire on the night of December 31, 1863, may be imputed. In the meantime an iron, supposed burglar-proof safe, had been placed in the office of the county treasurer, and the court-room had been fur- nished with fixed seats, tables, and other mat- ters of convenience.

The facts in connection with the burning of the building are, that one of the rooms was used by the Good Templars for their stated meetings. The fire occurred after a meeting had been held. The evening being bitterly cold, a high wind prevailing from the north- west, and the room not very close, a very hot stove and pipe were a matter of course. When discovered nothing could be done except to save as many of the records as possible. This was accomplished in great measure through the efforts of the county treasurer, T. J. Ross, who, at peril to himself, entered the burning building. Most of the volumes were saved, and the safe went down when the house fell in. It was fortunate that the funds were mostly in the national currency, and had been made into packages for the annual settlement at the close of the year. These packages were charred to mere blocks, and all loose bills and papers in the safe were in ashes. The few gold and silver coins were all right. Mr. Ross was sent to Washington with the rem- nants, from which the treasury experts assorted and identified national currency to the amount of $9,243, which was replaced by other bills. The loss shown by the books was $1,672, which was represented in bills burnt beyond identification, or in those of the State banks, many of which indicated no more than the amounts on the face. The board of super- visors, on the report of experts, assumed the losses, and exonerated the treasurer.

Another building, similar in size to the one destroyed, was erected on the old foundations

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in 1864, with the offices on the first floor and the court-room above. This was used by the county until the court-house now in use was erected, in 1876. The narrow escape of the public records from destruction in the previous fire had stimulated the erection of a small brick vault for safety. But this was found to be very inconvenient and to not afford the security de- sired. With commendable public spirit the liberal and patriotic people of the county de- termined to signalize the centennial anniver- sary by the erection of the secure and commo- dious county building which now occupies the north half of Block 17, which was dedicated in the original plat as a public square for the town of Nevada, but which was by the city con- veyed to the county. The cost of the edifice, with heating apparatus and decorations, has been over $50,000. This beautiful and sub- stantial edifice, designed by William Foster, of Des Moines, is of brick, with tables and caps of Anamosa stone, constructed substantially and finished with taste and care. It contains in the basement the necessary appliances for heating and rooms for the janitor, also two ca- pacious vaults. On the first floor are the offices and halls, with necessary vaults for conven- ience and security. The office of the clerk is 25x28 feet, with vault 12x12. That of the auditor is 20x28, with private office and vault. The offices of sheriff and treasurer are each 18x19, and the latter is connected with a private office, safe and vault. The recorder's office is 18x22, with vault for safety of the records. The office and consultation room of the board of supervisors is also on this floor, 17x17, and opening by folding doors into the auditor's office. Two main stairways lead from the halls on the first floor to the court-room, offices and jury-rooms, on the second floor, while a third stairway connects the offices of the clerk and sheriff with an attorney's consult-

ing-room, the bar, the clerk's desk, and the bench. On this floor also are the office of the county superintendent of common schools, the judge's private room, and the grand jury-room. These are all easily reached from the great court-room, 40x70 feet, extending from the sec- ond floor to the dome, with space of 40x32 feet in the south end for bench and bar, and an au- dience space, with raised seats, of 40x37 feet. This great hall of justice and the offices and halls throughout, are frescoed in the best style of the art.

The numerous jury-rooms above, with roof, turrets, and tower surmounted by a statue of the blind goddess, constitute a very complete temple of justice, and safe repository of the county archives, and of which none need be ashamed.

A county jail was built in 1869, on Lot 5 of Block 18, Nevada. It is of brick, 24x30 feet, a hall and jailer's residence on first floor, and prisoners' cells above. The latter are made of timbers filled with spikes, and lined with iron plates. The cost was about $6,000.

The county farm and infirmary are on Section 35, in Milford Township. The farm consists of 320 acres of good land. The in- firmary and other improvements, including commodious barns, have an approximate value of $15,000. The necessary live stock, imple- ments, furnishings and stores on hand are worth $5,000. This establishment serves for the care of county paupers, and with a small additional outlay would afford room for the incurable insane.

The board of supervisors in 1868 had set- tled upon the policy of extending relief to paupers through a home, a farm and a superin- tendent. At the sessions of June and Septem- ber contracts and appropriations were made to the extent of $5,000 for that purpose. It was soon discovered that the completion of the im-

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provements, furnishings and incidentals would require a further sum of $2,000. This amount was appropriated at the January session of 1869. Bonds were issued in the sum of these several amounts, of the validity of which doubts were entertained. The customary re- sort to the General Assembly for a legalizing act was had, and the bonds were, on March 30, 1870, thus declared "legal in every respect, and to the same extent as if said board had acted strictly according to law."

It is not necessary to particularly describe every bridge, culvert and grade made by the pioneers in the settlement of the county, to arrive at the conclusion that this part of their work is one of no small proportions. The tax lists will show that from 1875 to 1890 the coun- ty, as a corporation, has collected and expend- ed for bridging and grading the highways of the county the sum of $180,000. This in- cludes no taxes for this purpose levied by townships, or by towns and villages, or as road polls. The mileage of highways in the county, exclusive of streets and alleys in the towns and villages, is about 1,200 miles. The labor and material that have been expended in the con- struction and maintaining of these highways under township authority, including bridges, culverts and grades, in the same period, may be safely estimated at double the sum thus expend- ed by the county authorities, or not less than $360,000. Of the construction and maintaining of more than 100 miles of village streets and crossings, the cost would be fully $100,000. At least half that sum would be required to build and maintain the thirty miles of sidewalk, and this has taken $50,000.

If to the sums above stated should be added a reasonable estimate for expenditures for the same purposes made during the preceding twenty-five years, the total would be more than $1,000,000. This would seem to have

been a very heavy tax upon the pioneers of Story County in their struggle of only forty years to lay broad and deep the founda- tions of a creditable civilization, and pre- pare the country for habitation. But in doing this the burdens have been borne with cour- age, and with the hopeful thought that their posterity would share these benefits often laboriously purchased. Carrying this thought to its proper conclusion would show the present public assets of Story County to con- sist in part of 10,000 acres of good land occu- pied by streets and highways, and at a low es- timate worth $300,000; highways, bridges, streets and sidewalks, $700,000; court-house, jail and county farm, $75,000; school-houses and grounds $100,000; churches and grounds, $100,000; making a total of over one and one- quarter millions of dollars already donated to posterity by the pioneers. This does not in- clude the interest of the people of Story County in the many State institutions. This may be considered as one part in ninety-nine, the number of counties. The values of the State capitol, three hospitals for the insane, two penitentiaries, two reform schools, the State University, the Industrial College, schools for the blind, deaf mutes and feeble minded, homes for soldiers and soldiers' orphans, nor- mal schools, and the appliances, furnishings, and farms and grounds attached to all these institutions, may be reasonably estimated at not less than $10,000,000. Nor is this an over-estimate. The taxes assessed upon the property of the county, as shown by the latest rolls placed in the hands of the treas- urer for collection, are $118,161.96. Out of this great amount of hardly earned cash an- nually paid, it were more than a pity if some valuable properties were not accumulated for public uses.

The condition of this vast property in high-

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ways has been greatly improved within a few years, and its value much increased by better management. Much interest has been taken in this subject by the people of Story County, since the organization of the State association for the encouragement of highway improve- ment in 1883. Under the auspices of this association, of which Col. John Scott, of Story County, was president, and C. F. Clarkson, of Des Moines, Judge Seevers, of Oskaloosa, and Judge Whiting, of Monona County, were vice- presidents, a competitive trial of the leading road machines was had at Nevada, June 28, 1884. The mayor and common council of Nevada, as well as all public-spirited citizens, joined to make the occasion a success. It was demonstrated in the trial that machines had already been constructed that were of great value in building grades of earth, and keeping the same in condition for pleasant and profit- able use. The mayor and council at once acted on the matter, and purchased machines, the use of which has been of great value and economy. Since the adoption of the improved methods and machines, the streets and high- ways have been of greatly increased interest and value to the public. The authorities in most of the townships have given their best efforts in the same direction, with results high- ly gratifying in the present, and giving prom- ise of greater benefits in the future. From a condition that was a reproach twenty-five years ago, the county roads are now such that they would do no discredit to an older civilization.

Among the important acts of the county ad- ministration in 1860 was the negotiation of the bonds voted by the county in securing the location of the Agricultural College. Because of certain alleged informalities in the issuance of the bonds, which were for $10,000, the General Assembly was asked to step in and cure the supposed defects. This was done by

an act which took effect April 2, 1860. It was therein declared "that the acts of the county judge of Story County, iu issuing certain bonds of the county for the use and benefit of the State Agricultural College and Farm, be and the same are hereby declared valid, bind- ing and legal, and said bonds are hereby legal- ized and declared to be valid and binding on said county, and it is hereby made the duty of the county judge to levy and cause to be col- lected sufficient taxes to pay the interest on said bonds, and the principal thereof according to the tenor and effect thereof."

While the amount annually paid for the maintenance of the State and county govern- ment and these great institutions of charity, education and piety may seem large to some, it is only commensurate with the well known resources of a State whose name is at the top of the roll in all that constitutes real wealth and prosperity, and of a county that is the cen- ter and " hub " of such a State. But if so much has been done by the pioneers of less than forty years, beginning with nothing except the naked soil and their stout hearts and willing hands, what may not be anticipated as the probable advance in a steady progress of another forty years? Three hundred thousand acres of ex- traordinary fertility, fairly managed, should yield more than $2,000,000 annually for support and accumulation. This sum should be annually increased by better methods and the natural increase of wealth, population, and the devel- opment of the present and other industries. Much of that which has heretofore gone to build up the great cities of the country will at last be kept at home. As a single example, it may be said that instead of pouring wealth an- nually into the coffers of the great centers of insurance, and again borrowing the same money at high rates of interest, the west must soon " have money to sell." These broad acres will

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HISTORY OF IOWA.

then be the happy and luxurious homes of one of the richest portions of the earth. This is to be the not distant heritage of the near future, and for this all should well be content " to labor and to wait."

With such a hopeful condition before the people of this State and county, when it shall be fully realized by themselves, there will be little

disposition to seek pastures new, for they must of necessity be found in less favored lands. And if true to themselves and to their locality, their spirit of patriotic devotion to home interests will have its reward in causing a like apprecia- tion of their advantages to permeate less fa- vored sections, and to attract population, enter- prise and consequent wealth.

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CHAPTER XIV.

MATTERS OF LEGAL NOTE-Personnel OF NUMEROUS OFFICIALS-EARLY GRAND JURIES-PROCEEDINGS-ARRAY OF TALENT-THEIR PERSONAL CHARACTERISTICS AND PECULIARITIES-THE COUNTY BAR- NOTED TRIALS-THE LOWELL TRAGEDY-HISTORY OF THE CASE-OTHER HOMICIDES, ETC .- THE JOHN J. BELL DEFALCATION- COUNTY SEAT TRIAL.

The good need fear no law; It is his safety, and the bad man's awe .- Jonson.

ILLIAM MCKAY, of Des Moines, was dis- trict judge of the Fifth District at the time of the organization of Story County. He was quite prominent in the minds of the pioneers by reason of the noted criminal trial, State vs. Barnabas Lowell, which occurred dur- ing his term. He presided at the first court, at which Lowell was in- dicted for the murder of his wife. He is remembered by those who then knew him as a pleasant gentleman and careful judge.

In April, 1854, Phineas M. Cassady, of Fort Des Moines, was elected judge of the same district, but he resigned soon thereafter, not having held any court in Story County.

In July, 1854, Cave J. McFarland, of Boone County, was appointed by the governor to the vacancy occasioned by the resignation of Judge Cassady. In the following April William W. Williamson was declared elected, but this was

contested by Judge McFarland, in whose favor the contest was decided. Judge Williamson held no court in Story County while he held the office.

The incidents of the first term of the dis- triet court ever held in Story County, in the summer of 1853, at the home of the county judge, near the east line of Franklin Town- ship, are set out in the account of the trial of Barnabas Lowell for murder. There was little other business done.

The judge who appeared and presided over the second term for the county, and the first term at the new county seat, was C. J. McFar- land, of Boone County, who appeared as suc- cessor to Judge Cassady, resigned. This term was convened August 14, 1854. It was held in an unfinished log building that had been partly constructed under a contract with a stranger who never appeared to claim it, and was situated near the site of the present post- office. The building was never completed. The logs were sold to J. C. Harris, who re- moved them to the south part of town and used them in another building.

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The grand jury at this term consisted of J. P. Robinson, Adolphus Prouty, Elisha Alder- man, Nathan Webb, Shadrack Worrell, Thomas G. Vest, Samuel Heistand, Jacob Wheeler, John Hussong, George B. Zenor, P. R. Craig, James C. Smith, Joseph Broughard, Jonah Griffith and Judiah Ray. Worrell and Wheeler failed to answer when called, and their places were filled by selecting Frederic Pierce and W. W. Utterback from the bystanders. They held their inquisition in the log stable attached to the Mclain Hotel. It is among the tradi- tions that Juryman Heistand was kicked by a mule that occupied an adjacent stall, and that the procuring of arnica and other liniments for the disabled inquisitor sadly interfered with the deliberations as well as dignity of the august body.

The criminal calandar for the term showed but one cause, entitled State of Iowa vs. James P. Kinney. There were two civil causes, of which the first on the docket was that of Jen- nings Wilkinson vs. Michael Hughes. The bar consisted of D. O. Finch, M. M. Crocker, James S. Woods, John A. Hull, Cornelius Beal, William L. Burge and John F. House. This was quite an array of legal talent (the attorneys being from abroad) considering the small amount of business to be done, but they were scenting future business as well as having pleasant hours with the people, and making ac- quaintance.

The third term for the county, and the sec- ond for the town, was begun and held on the 5th of May, 1856. McFarland was judge, E. G. Day was clerk, and George Childs, as deputy, acted as sheriff. At this term J. S. Frazier and George A. Kellogg were admitted as attorneys. More than twenty causes on the docket were disposed of in two days.

The fourth term began September 22, 1857. James D. Thompson, of Eldora, who was elected

judge of a district recently formed under an act of the General Assembly, appeared as judge. William Thompson had been elected clerk; George Childs, sheriff; and James S. Frazier, prosecuting attorney. John Scott, E. B. Potter and A. D. Shaw were admitted as at- torneys at this time, on certificates from other States. It was understood that the main cause for the creation of the new district was to cir- cumscribe the jurisdiction of McFarland, whose habits of dissipation had grown upon him until his position as judge was regarded generally as being greatly disgraced. Thompson was a judge with limited knowledge of law, but a pleasant gentleman of good character.

In 1858 John Porter, of Cerro Gordo County, was elected district judge, and at the same time a State's attorney for the district, instead of one for each county, was elected. The first district attorney was W. P. Hepburn, of Mar- shall County. Hepburn went into the army in 1861, and was succeeded by D. D. Chase, who was appointed judge, in 1866. At this time John H. Bradley, of Marshall County, became district attorney. In 1868 the judicial system was modified by providing for an additional court which was called the circuit court, and in each district or circuit were two judges. The district judge had exclusive jurisdiction in criminal matters, and the circuit judge in mat- ters of probate. The two courts had concur- rent jurisdiction in many civil causes.

Henry Hudson, of Boone County, was the first circuit judge, 1868-74.

I. J. Mitchell, of Boone County, followed Judge Chase on the district bench in January, 1875, and was followed by James W. McKenzie, of Franklin County, in January, 1879. Judge Mckenzie's health failed. He had done valu- able service during the war, and went on the bench with a constitution utterly broken, and died before his term expired.

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Henry C. Henderson, of Marshall County, was elected to the vacancy in 1881, and for the next full term in 1882. He was followed by John L. Stevens, of Story County, who was elected in 1886. '

Meantime on the circuit bench John H. Bradley, of Marshall County, succeeded Judge Hudson in 1874, and was in turn followed by D. D. Miracle, of Hamilton County, in 1882, who was also elected to a second term in 1886.

The judicial system was again changed in 1886. The office of circuit judge was abol- ished, and Story was assigned with other coun- ties to a district in which three district judges were provided, two of these being Miracle and Stevens, both already on the bench, and to whom was added S. M. Weaver, of Hardin County, by election. On the death of D. D. Miracle, D. R. Hindman, of Boone, was elected his successor, and the three district judges are now, 1890, Stevens, Weaver and Hindman.

Judge Thompson removed to another State many years since. Porter has been long in practice in Hardin County. Bradley and Hen- derson resumed practice in Marshall County. D. D. Chase is in practice at Webster City. Hudson removed to Chicago. McFarland, Mitchell, Mckenzie and Miracle are dead.

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Biographical and historical memoirs of Story County, Iowa, Part 19

Author: Publication date: 1890 Publisher: Chicago : Goodspeed Number of Pages: 484

Author:
Publication date: 1890
Publisher: Chicago : Goodspeed
Number of Pages: 484