USA > Iowa > Polk County > Des Moines > Des Moines, the pioneer of municipal progress and reform of the middle West, together with the history of Polk County, Iowa, the largest, most populous and most prosperous county in the state of Iowa; Volume I > Part 18
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over one day to make a friendly visit, . and discovered the paucity of
their larder, and at evening brought a quarter of beef. There was no place inside to put it. There were seven persons and a drug store in two small It was hung on the outside wall, where it was cut from daily rooms.
as wanted." After a hard winter, Dr. Grimmel bought a government ware- house on the east side, moved it to what is now Sixth avenue near Grand, on the site of the old Catholic school, and with the material made a temporary drug store and home for his family. Meantime, he built a home on the hill to the north, on an eighty-acre claim. In the fall the family removed into the new home. In default of plastering, cloth was fastened to the walls and ceil- ings, and here their second winter was passed in the first timber dwelling-house
2 Pioneers of Polk County, Part I, p. 90.
3 Andrews-Pioneers of Polk County, v. I, p. 85.
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in Fort Des Moines. The Grimmel dwelling was burned in 1889; the hill was cut down and St. Ambrose Catholic church was erected on the site of this his- toric home. The Doctor having acquired a competency, in 1855, retired from active business. He next busied himself with the erection of a mansion on the hill, corner of Sixth Avenue and Park street, where the Victoria Hotel now stands.+ Here he resided until his death in 1862.
The convention of doctors held in Fort Des Moines October 24, 1851, though attended by only six physicians, marks an important event in the history of Polk county.5 It brought together at the county seat the widely scattered physi- cians and surgeons of the county and organized them for conference and future harmonious action. Dr. A. Y. Hull of Lafayette, Camp township, was called to the chair and Dr. A. L. Gray was made secretary.
Drs. Cole, Murdock and Plumley were appointed a committee to report a constitution.
Drs. Huntsman, Gray and Collet were named a committee to report a code of ethics by which the society should be governed in practice.
The constitution named the association The Polk County Medical Society, and fixed upon quarterly meetings at the county seat.
Any regular graduate in good standing could become a member "on pre- sentation of his diploma from any respectable medical college, or a license from any respectable medical society, or upon the recommendation of the board of censors, and the payment of the initiation fee of one dollar."
Any member who should "procure a patent for a remedy or instrument of surgery," or who should prescribe "a medicine without knowing its composi- tion," or who should thereafter give "a certificate in favor of a patent remedy, or be guilty of any dishonorable conduct" was subject to expulsion by a majority vote of members present.
A. Y. Hull was elected president, D. V. Cole vice president, Dr. Huntsman, of Lafayette, secretary and treasurer.
The code of the National Medical Society was adopted until the committee should report on code.
Drs. Cole, Murdock and Collet were appointed a committee to report, at the next meeting, on "the causes that depress the profession in Polk county."
Following is the brief list of charter members: Drs. Hull, of Lafayette, Cole and Huntsman of Fort Des Moines, and Collet, Gray and Plumley of Hartford.
In the Star of October 16, an irreverent pen gives an exaggerated suggestion of the difficulty of agreeing upon a code of ethics at that early date. The anonymous writer has seen, during the past summer, enough of the lack of "dignity" to blast the reputation of any set of physicians! He refers to con- sultations generally ending in a "row," with the use of choice epithets! He hopes the association will persevere in its purpose to elevate the practice.
At the next meeting of the doctors, January 30, 1852. Drs. H. C. Grimmel and J. J. Sanders were elected members of the society : Secretary Huntsman's report 6 denied the public all information as to the causes of depression in the practice, as to the code of ethics reported, and as to fee bill. The fee-bill reported was adopted with some revisions. The report on the causes of de- pression apparently did not satisfy, for the subject was referred to a new com- mittee who were instructed to revise and report.
Dr. Hull, president of the society, read a paper on "The Wants of the Med- ical Profession." It is interesting to follow this pioneer physician and publicist through his brief presentment.
The preeminent want of the medical world Dr. Hull found to be a "corps of competent physicians, men for whom nature had done much, and who pos- sessed a liberal preparatory and thorough medical education."
4 Known long afterwards as "the General Tuttle Mansion."
5 State Journal, Fort Des Moines, October 25, 1851.
6 In the Journal of February 12, 1852.
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Another deficiency noted was "the lack of healthy discriminating tone in public sentiment, to the end that the ability of the competent physician may be fully appreciated." Too loose reign was given to "medicasters," who were virtually authorized by law "to go forth on their errand of death." Iowa was declared to be one of the States in which the practice was not regulated by law. In his view judicious laws would tend to relieve their crippled profession and save communities from incalculable mischief.
Another want was harmony among the members of the profession. "Jars, schisms, strifes, animosities and bickerings" stood as "imperishable monuments of their shame and deep degradation." "Physicians, of all men, should earnestly cultivate intimate and confidential relations with each other, and the only rivalry that they should countenance should be to see who could become best acquainted with the true science of medicine, and to strive to occupy the highest and most extended sphere of usefulness, in their respective circles." He saw lasting benefits shadowed forth in the new organization.
In the Journal of March 4, '52, appears the long debated "Code of Medical Ethics" adopted by the Polk County Medical Society.
I. It declares for the observance of secrecy and delicacy in the relations of physicians with their patients.
2. It would avoid all visits beyond those necessary to the good of the patient ..
3. It deplores gloomy prognostications, or the urging of the importance of one's services, but advises timely notice of danger to the friends and, when safe, to the patient himself.
4. It recommends consultations in difficult and protracted cases.
5. It counsels kindness, and generous allowance for the mental debility of the patient.
6. It was regarded as highly derogatory to the dignity of the profession to resort to public advertising, calling the attention of those afflicted with par- ticular diseases, offering advice to the poor gratis, promising radical cures, pub- lishing cases and operations, etc.
7. When called to see another physician's patient, the code prescribes that the physician should make his prescriptions to palliate or temporarily relieve the patient until the attending physician resumes his charge of the case.
8. It maintains that, ordinarly, the physician called in should make no charge against the patient.
9. It declares that no charge should be made for attendance on another physician's family : but the other physician, if able, should remunerate him as he is able.
IO. Comments to the disparagement of another physician's treatment it declares to be "a base violation of [the code of] a gentleman."
The remaining sections are in substance as follows :
II. A physician should not take charge of another's patient, unless in con- sultation, or on relinquishment of the case, or a due notification that the other's services have been dispensed with. In such case, he should make no reflections on his predecessor.
12. General resumé.
I3. Consult only with regular physicians.
I4. In consultations observe respect for others' judgments.
15. After examination retire for interchange of opinions --- Consultations to be secret and confidential.
16. Consultation concluded, the consulting physician should attend no more unless solicited.
The paper was signed by A. L. Gray, committee on publication.
Whether this pioneer medical society died of too much code and rate-bill, or the subsequent proceedings ceased to interest the press, the fact remains that no further reports of its meetings are to be found in the Star, the Times or the Journal.
CHAPTER X.V.
THE PIONEER COURTS OF FORT DES MOINES.
The territory of Iowa was divided into three judicial districts. Polk county was in the second, with Joseph Williams, of Burlington and Muscatine, as district judge.
Judge Williams was doubtless as eccentric as any man ever elevated to the bench. He was a Methodist, a Democrat, a prince among good fellows, and, withal, a wise and just judge. Judge Wright, himself a delightful reconteur, was wont to pronounce Judge Williams the best story-teller he ever knew. He could lead a class-meeting, address a Sunday-school, sing a rollicking song, play a fiddle, flute or fife, and charge a jury with equal ease. He was not a great lawyer but made an acceptable judge. Judge Samuel F. Miller, years afterwards, at the opening of the Supreme Court room at the Capitol in Des Moines, remarked that "because of his peculiarities and great love of social life," Judge Williams was never properly appreciated by the bar, adding that "his opinions would show a clear head, an honest heart, and the able judge." His propensity to joke followed him even into the court-room. He seldom let pass an opportunity to create a laugh, in court or anywhere else. Judge Wright was present at his funeral, and was deeply impressed with the affection in which his memory was held. While "he had his faults," Judge Wright did not hesitate to say that "he was, nevertheless, useful beyond most of his com- peers," and "helpful to the state far more than many of his critics and fault- finders." 1
Judge Williams was a Pennsylvanian and owed his appointment, by President Van Buren, to the influence of the Pennsylvania jurist and statesman, Jere- miah S. Black. He was 37 years old when, in 1838, he entered upon his duties in the Territory of Iowa. He served until the territory was admitted as a State, when Governor Briggs appointed him Chief Justice. He was afterwards elected to that office by the General Assembly and served for six years, retaining his popularity to the last, but never taking high rank as a jurist.2
The Judge held his first term of the United States District Court in Fort Des Moines, in April, 1846. There was no court house, not even a court room, to receive him. The Board of County Commissioners met the situation by order- ing "that No. 26, occupied by Miss Davis as a school room, be vacated for the approaching session." Number 26 was one of the log cabins erected in 1843 for the use of the garrison.
Judge Williams' reputation has as many lights and shades as there were lawyers to pass judgment upon him. A kindly critic was the Hon. Samuel Mur- dock, of Garnavillo, Iowa. In "Early Courts of Iowa,"3 Judge Murdock re- ferred to Judge Williams as "distinguished above all others in those early days
1 State Bar Association Report, 1895, p. 35.
2 In 1857 Judge Williams was appointed by President Buchanan, District Judge of the Territory of Kansas. During Lincoln's administration he was appointed United States District Judge for Tennessee. He died at Fort Scott, Kas., in March, 1871. He was a younger brother of Major William Williams, founder of Fort Dodge and commander of the Spirit Lake relief expedition. See Gue's History of Iowa, v. 4. p. 287.
3 A paper read by Judge Murdock before the Pioneer Lawmakers' Association, in Des Moines, February 28, 1890.
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for his humor, his wit, and for his musical talent, which, in spite of himself and the dignity of his office, led him to mingle in all crowds as a hail fellow well met." "Yet," he adds, "we must not judge from this part of his history that he was dissipated or that he encouraged dissipation in others; far from it, for during our long acquaintance with him we never saw him intoxicated, and he allowed no man to become his peer in the practice and dignity of a gentleman. He was not a profound lawyer, but he had the quickness and sagacity to see the right of every question, as well as the courage and the manhood to seize upon it and declare his convictions, irrespective of parties or favorites, and it was these qualities that made him a most popular judge."
Judge Williams' court remained in session only three days, and the business transacted was of a formal and perfunctory nature. The clerk of the court was Perry L. Crossman.4 The sheriff was Thomas Mitchell, elected by the voters of Polk at their first county election in the spring of '46. The general govern- ment was represented by Thomas Baker, U. S. District Attorney, and John B. Lash, U. S. Marshal. The first procedure was a venire directing the sheriff to "summon twenty-three good and lawful men to appear forthwith before said court to act as grand jurors in and for said county." 5 The following well known pioneers of Polk county were named in Sheriff Mitchell's return:
William Lamb, Benjamin Saylor, John B. Scott, Peter Newcomer, Samuel Dille, Newton Lamb, John Baird, Thomas McMullen, George B. Warden, Jeremiah Church, J. M. Thrift, Shaden Wellman, Samuel Oxford, A. Bronson, Samuel Shafer, G. B. Clark, W. W. Clapp, W. F. Ayers, J. D. Parmelee, James Davis, J. J. Mildrum, and Thomas Leonard. Though the venire called for twenty-three jurors, the return shows only twenty-two; and not until the third day of the session, was Sheriff Mitchell able to produce his twenty-two men.
The jury was duly empaneled, charged, sworn, and turned over to Lewis Whitten, bailiff. The jurymen retired to consider. Matters coming up for con-
sideration were few, and unimportant. After due deliberation the jury re- turned into court and announced that they had no true bills to bring in-"ex- cept for their fees." They were discharged, and the court adjourned.
There being no official seal of the county, the court, on the first day of the term, ordered "that the eagle side of a twenty-five cent piece of the American coin" should be "the temporary seal of said court, in and for the said County of Polk," until a proper seal could be provided.
Jeremiah Church, one of the jury says in his journal that the jurymen were "an uncouth and barbarous looking set;" that he "felt constrained to apologize to the Judge for their rough appearance"-"but," says Mr. Turrill, in his Rem- iniscences. "Mr. Church does not state whether his habiliments were alto- gether up to the dignity of a grand juror or not. Judge Williams wisely re- marked 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."
In September, Judge Williams held his second term at the county seat of Polk. The grand jurors were J. B. Mallet, John Thompson, George Moggs, John Q. 'Deacon, James Campbell, Alexander Sumner, Norman Ballard, S. K. Scovell, T. H. Napier, W. H. Meacham, Samuel Vanatta, William Lamb, Benja- min Saylor, T. K. Brooks, Samuel Shafer, Samuel Kellogg. The petit jurors were: Samuel Dille, Aaron Coppick, G. B. Clark, James White, John Parrott, Thomas Morris, George Rives, Eli Smithson, Alfred Bowman, Benjamin Fred- erick, Lincoln Ballard and John Rose.
Among the jurors in the lists published will be observed the names of sev- eral of the most influential pioneers of the upper Des Moines valley -- men who afterwards became part of the history of Polk county and of the State of Iowa.
There were several cases on the docket at the September term. As this is
4 Afterwards a resident of Newton, Jasper county.
5 The original copy of the proceedings of the term, made with a lead pencil somehow came into the possession of Barlow Granger.
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the beginning of the yet unwritten history of litigation in Polk county, even the titles of the cases command a passing notice. William Lamb, a grand juror in April, is in September defendant in a case brought by John Ross. Addison Michael 'brings suit against George Dille. William F. Ayers, another April grand juryman, and first treasurer of Polk county, is defendant in a case brought by the United States. Robert A. Kinzie, sutler to the garrison in 1843, is sued by Edwin Manning. "Tom" Mitchell, pioneer sheriff, is sued by John T. Mel- drum. Among the other cases docketed are Owen Osborne vs. W. M. Cut- tingham, Jonas Hoover vs. Peter C. Woodward and Samuel McClelland vs. Joseph Ehle. The United States is docketed as plaintiff against William Lamb, George Kooney, Thomas Henderson and Benjamin Bryant,-the last-named, the first man to secure a marriage license in Polk county, and pioneer treasurer of the county. The vindication of these well known defendants is found in the refusal of the Grand Jury to indict them.
William D. Frazee was admitted to the bar, the first of record in the county. Clerk Crossman early resigned his position, and A. D. Jones was named to succeed him.
At this term of court appeared Phineas M. Casady, then 28 years of age, an applicant for admission to the bar. Having produced in court a certificate of admission to practice law in the Circuit and Superior court in Indiana, and "having been found, upon examination, in all respects qualified," on motion of District Attorney Baker, he was "admitted and licensed to practice as an attor- ney and counselor at law and solicitor in chancery." Whereupon Mr. Casady appeared in open court and took the oath, and then 'and there began a career which is written large in the future history of Polk county.
The term closed on the first day of October. The third term was held in May, 1847, with J. P. Carleton on the bench. Passing over the unimportant details of the session, we should note the admission to the bar of three attor- neys who afterwards became prominent in city and county, namely: William McKay, Robert L. Frederick, and A. D. Jones.
The fourth or fall term was comparatively unimportant. Judge Cyrus Ol- ney presided as a substitute for Judge Carleton.
The two terms of the year 1848 were also presided over by Judge Olney.
The judicial record of Polk county begins with the year 1849. The con- stitution of the new State of Iowa placed the county in the Fifth judicial dis- trict, with nearly all northwestern Iowa included. As the outlying region was sparsely settled, Fort Des Moines was judicial headquarters for the district.
At the April election in 1849, the new-fledged attorney, William McKay, was elected district judge. Though a whig he ran as an independent.
Judge Mckay held the office until the spring of 1854. He was renominated by the whigs, but party spirit ran high and he was defeated. A local candidate for the governorship, Curtis Bates, stirred the democrats of the county with ambition to make Fort Des Moines the political headquarters of the State. Know-nothing-ism was a word to conjure with against the Whigs. For the first time in the history of the community, the East side was arrayed against the West, confusing political issues. And, more than that, the democrats of the county nominated against Judge Mckay their most popular man, P. M. Casady. Mr. Casady had no ambition for the judgeship, but amiably consented to run as a party necessity.
Judge Mckay returned to the practice of the law. He was soon elected commissioner of the Des Moines River Improvement. This position gave him opportunities for investment which turned out fortunately.6 Judge Mckay was a leader among the Baptists, and in 1851 assisted in organizing the Baptist Church in Fort Des Moines. He was a staunch teetotaler and a charter member of the North Star Lodge of Good Templars, organized in 1852. He was the
6 In 1857 Judge Mckay removed to Kansas where, in 1859, he died.
JUDGE W. W. WILLIAMSON Pioneer Jurist, Editor and Whig Leader
JUDGE BYRON RICE Pioneer School Teacher, Lawyer and Banker
JUDGE CURTIS BATES Pioneer Jurist and Editor-Defeated for the Governorship by Grimes in 1854
JUDGE C. J. MCFARLAND Pioneer Legislator and Judge
ROBERT L. TIDRICK Pioneer Lawyer and Publicist
BARLOW GRANGER Pioneer Lawyer, Editor and Politician
GROUP OF PIONEER LAWYERS
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first Senior Warden of Fort Des Moines Lodge, No. 26, I. O. of O. F., or- ganized in 1850. He was active in the organization of the State Agricultural Society in 1853, and was elected one of the three directors representing Polk county.
It is difficult to describe the successor to Judge Mckay without violating the spirit of the ancient maxim, "Speak not ill of the dead." That a man so capable, so attractive, and withal so well-intentioned, should so far lose sight of the proprieties of his profession and the dignity of the judicial office as to preside over a court of justice while under the influence of liquor and in that condition undertake the trial of causes involving property rights, personal rep- utation and even life itself, is hardly conceivable under the strict- moral code of the legal profession to-day.
Cave J. McFarland came from Ohio to Iowa and in 1851 represented Lee county in the General Assembly. When Senator Casady's bill to create the Fifth Judicial District came before the lower house, McFarland opposed it pronouncing it "a scheme to give some poor lawyer up at Des Moines a salary of a thousand dollars a year as judge." Fortunately for him, the bill became a law despite his opposition. In '53 McFarland located in Boonsboro where he soon acquired an influence and a good practice. Not long after his election over Mckay, Judge Casady was tendered by President Pierce, the office of Receiver of the U. S. Land Office, with headquarters in Fort Des Moines. As the office paid several times more than the judgeship, he resigned without hold- ing a single term of court, much to the regret of the bar of the district and of the public generally, regardless of party. Governor Hempstead, ignoring the claims of Daniel O. Finch, to recognition, and the recommendations of the democratic members of the bar, appointed as Judge Casady's successor the Boonsboro lawyer who had previously, as a member of the legislature, opposed the creation of a court in Polk county! The "reason" the governor gave for the appointment was that McFarland had the next highest number of votes in the convention which nominated Casady.
But the district was not disposed to ratify the Governor's appointment. In the next district convention of the democratic party Polk county was solid for Curtis Bates, Boone for McFarland, Marion for George May.
By this time, the whigs began to "feel their oats." They nominated against McFarland William W. Williamson, of Fort Des Moines, an able lawyer and vigorous fighter. The canvass was lively on both sides. The voting precincts in the outlying counties had not been legally defined, and the voters came to- gether whenever and wherever they pleased and sent in their returns as they pleased. The election was held April 2, 1855.
The election of Williamson, by a small majority, was contested by the Boone contingent under the vigorous leadership of John Hull. The votes were re- counted, and, as had been predicted, the canvassers found that the returns from the outlying region had been sent in without the oaths, or even the signatures, of judges of election, and without official designation of the precincts in which they were cast. Several votes returned for Williamson were found to have been cast outside the district, some of them even in Minnesota! The Board threw out these unlawful votes, thus giving McFarland a majority of one. But one of the votes cast for McFarland was cast "by proxy for a county that had no legal existence." The whigs appealed to the Supreme court; but that body affirmed the decision of the canvassing board, on the ground that no fraudulent action had been shown and that the intent and purpose of the voter in every case must be accepted ! Thus, after a prolonged and bitter contest, McFarland was given the benefit of the doubt, and was declared duly elected.
Judge McFarland was possessed of a splendid physique, erect, muscular, fully six feet in height, and weighing nearly 200 pounds. He was well dressed, and, as his pictures show, possessed of a long black beard. He has been de- Vol. I-9
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scribed 7 as "fearless, dissipated, humorous, kind-hearted, sympathetic and reck- less; had many faults, yet many virtues, which, with those knowing him best, outweighed his frailties. As a judge, he was eminently just, ever inclined to disregard the letter of the law if thereby exact justice could be obtained. . .'
Judge McFarland served the district about five years. During the latter part of his full term the vast empire to the north and northwest originally included in the district was lopped off.
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