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 II > Part 32
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HIRAM B. CONKLING.
In the death of Hiram B. Conkling, January 15, 1909, Des Moines lost. one of its most respected citizens-a man who for more than twenty-five years was closely identified with the best interests of the city and who was ever actuated by a most laudable desire to promote the welfare of all with whom he was associated. He was born at Collomsville, Pennsylvania, in 1837. He was edu- cated in his native state and in his young manhood learned the carpenter's trade, removing to Greencastle, Indiana, where he worked at his trade and subsequently engaged in business successfully as a contractor. He was a man of good taste and inclined toward artistic pursuits, finding expression for his special talent after arriving in Des Moines, in 1881, by engaging in the business of photog- raphy. He was one of the first skilled photographers of the city, and becoming recognized as one of the leaders in his line, attracted an extensive patronage, not only from the people of the city, but from the surrounding country. He continued actively in this vocation until a year before his death, when he re- tired, having accumulated a competence. He was the builder and owner of the Conkling building on Walnut street and also made other paying investments.
In 1860 Mr. Conkling was united in marriage in Putnam county, Indiana, to Miss Sarah M. Ellis, and three children have blessed this union, namely : Will- iam R., now in. the oil business at Jennings, Louisiana; Daniel W., who suc- ceeded his father in the photographing business in Des Moines; and Lila Marie, now Mrs. Albright, of this city.
Mr. Conkling was recognized as a man of large public spirit who felt it to be the duty of every citizen to take an active interest in the affairs of the con
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munity, and in his own life he consistently carried out his idea. His voice and influence were always in behalf of well established principles of a municipal government. He was also in favor of making the city more attractive, both as a place of residence and business. Politically he was in hearty sympathy with the democratic party and fraternally he was connected with the Independent Order of Odd Fellows. He was not identified with any religious denomination but was friendly toward them all, being an attendant of the Baptist church. Mrs. Conkling continues to make her home in the comfortable family residence on Penn avenue.
WILLIAM BARTHOLOMEW BROWN.
William Bartholomew Brown has for sixteen years engaged in the practice of law in Des Moines and as success goes has had a fair measure of it. Wealth in moderation, the respect of his fellowmen, the love of friends and family are his and he finds his companionship among the men whose intellects make them worth while. Born in Piper City, Ford county, Illinois, in 1867, Mr. Brown is a direct descendant in the seventh generation of John Brown of Priest-Hill, Ayre- shire, Scotland, known in Scottish history as the Christian Carrier. He was born in 1625 and died in 1685. He suffered martyrdom for his religion and his cruel murder by Claverhouse is narrated in every history of Scotland. John Brown, the great-grandfather of William B. Brown, was a soldier in the Penn- sylvania militia in the Revolutionary war, enlisting from Cumberland county. James Brown, the father, was born on a farm on Ash Ridge, near Carlisle, Brown county, Ohio, on the 2d of July, 1835, and was a well educated man for his time, having supplemented his district school course by study in Xenia, Ohio, . and at Muskingum College, New Concord, Ohio. Later he took up the profes- sion of teaching which he followed for several terms in Brown and Adams counties, Ohio, and at Bolivar, Missouri. Following the outbreak of the Civil war, however, he put aside personal considerations and enlisted in a company which was organized by his brother, Colonel William B. Brown, who lost his life at the battle of Atlanta. This company became known as Company A, Seventieth Ohio Volunteer Infantry and was part of the Fifteenth Army Corps. It was on the IOth of October, 1861, that James Brown joined that command and on the 18th of the same month was appointed orderly sergeant. Promotion followed from time to time and he was commissioned second lieutenant July 14, 1862; first lieutenant, February 7, 1863; captain, March II, 1864; and major, November 18, 1864. With the last named rank he continued to serve until honorably discharged on the 14th of August, 1865. He was wounded in the knee and had the end of his finger shot off at the battle of Shiloh on the 6th of April, 1862. He also sustained a serious wound in the forearm at the battle of Peach Tree creek, July 22, 1864, while en route to Atlanta. He was then granted a furlough and returned home but as soon as his wounds would permit went again to the front and was with Sherman on his march from Atlanta to the sea. It is believed that he was the first man to enter the fort at the storming of Fort McAllister, near Savannah, and he received official commendation for bravery. The hardships of war greatly underminded his health and undoubt- edly hastened his death. After the war, in 1865, he removed to Ford county, Illinois, settling first in Piper City and later in Paxton, during which periods he was engaged in teaching school. He also followed farming and for two terms filled the position of county superintendent of public instruction. In 1867 he was elected justice of the peace and in that office rendered decisions which were strictly fair and impartial. In 1871 he removed to Chicago and following his admission to the bar there engaged in the practice of law until his death, which
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occurred on the 13th of May, 1876. At the time of his demise he was a member and elder of the First United Presbyterian church. His life was an exemplifica- tion of Christian manhood and citizenship and his death was the occasion of deep regret among his many friends. His wife, who bore the maiden name of Rachel Fenton, was born in Winchester, Ohio, and following her husband's death left Chicago, taking her children with her to her native town. There she remained until 1880, when, desirous of educating her children in city schools, she came again to Chicago and by strenuous effort provided for her family, keeping her children together until they were reared and educated. She has been a most kind-hearted, generous woman, her life being an exemplification of the spirit of helpfulness. She has ever been a sincere Christian who finds her greatest happiness and consolation in her study of the Bible. Ambitious for her children, she counted no personal sacrifice too great if it would promote the in- terests and welfare of her son and daughters. In the qualities of energy, cour- age and determination she has every essential that a loving mother could possess. Now in the evening of her days she is able to take life easier and spends her time happily in the companionship of her children and grandchildren. She has many times expressed the wish that when she is called from this world she may be laid to rest in the old cemetery at Winchester, Ohio, beside her parents, brothers and sisters. She now has the most filial love and devotion of her children who were five in number, three of whom are yet living: Albertine Fenton, born April 1, 1866; William Bartholomew, born November 17, 1867; and Lucy Jane, born November 26, 1870. The eldest, Mary Fitzgerald, born November 18, 1864, died on the 27th of December of that year, and James Ken- dall, who was born February 2, 1872, passed away on the 3d of March following.
On the pages of ancestral history appear the names of three of the ancestors of William Bartholomew Brown who were soldiers in the Revolutionary war, · his paternal great-grandfathers, Bartholomew Fitzgerald and William Brown, and maternal great-grandfather, John Lawrence. William B. Brown was a pupil in the public schools of Winchester, Ohio, and Chicago, Illinois, and also attended Washburn College at Topeka, Kansas, for three years, being graduated from its preparatory department in 1892, after which he pursued a special col- legiate course and then took up the study of law, being admitted to the bar at Topeka in 1894. He afterward attended the Yale Law School in New Haven. Connecticut, and was graduated with honors in 1895 in a class numbering ninety- five members. In the year of his graduation he located in Des Moines where he has since continued in the practice of law, covering a period of sixteen years in which experience has brought about constantly increasing ability that finds its recognition in a large and distinctively representative clientage.
On the 15th of October, 1902, in Des Moines, Mr. Brown was married to Miss Susan Higgins Van Liew, who was born at Three Bridges, Hunterdon county, New Jersey, February 14, 1872, a daughter of John D. and Elizabeth Bel- lis (Kuhl) Van Liew, both of whom were natives of New Jersey and were of Holland descent. At least two of Mrs. Brown's great-grandfathers were soldiers of the Revolutionary war. Prior to her marriage she was a capable clerk with one of the large law firms of Des Moines and turned from office work to take up the duties of her own household, capably managing its affairs and proving herself a devoted wife and mother. The marriage has been blessed with five children : Susan Van Liew. born July 15, 1903; William Bartholomew, born August 15, 1904; Elizabeth Kuhl, born February 27, 1907; Rachel Fenton, born November II, 1909; and a son, unnamed, born and died November 11, 1909.
Mr. Brown is an active republican, interested in the development of the political situation and holding progressive thoughts upon many vital questions. Moreover he takes an active interest in civic affairs and his influence is found on the side of practical reform and advancement. He belongs to the West- minister Presbyterian church of Des Moines of which he is serving as elder
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and trustee. He is also a blue lodge Mason and a heriditary companion of the first class in the Loyal Legion by inheritance from a deceased officer, his father, Major James Brown. As previously stated he is also entitled to membership with the Sons of the American Revolution. He is, however, preeminently a home man and the greatest pleasure of life comes to him through the association of members of his own family.
CHARLES H. PHILPOTT.
Charles H. Philpott, of Des Moines, generally succeeds in what he under- takes, as he engages in nothing to which he cannot give his undivided attention, and by education, training and natural ability he is remarkably well qualified for a business career. He was born at New London, Henry county, Iowa, May 22, 1860, a son of Dr. James Harvey and Louisa Melissa (Farrar) Philpott, the latter of whom was born in Vermont in 1831. The father was a native of Ken- tucky and was born in 1828. He came to Iowa in 1840 and after thoroughly preparing for his profession engaged in practice for many years at New London. He departed this life in 1905, at the age of seventy-seven years. Four children were born to Dr. and Mrs. Philpott, two of whom are now living, namely: John W., who married Miss Lou Bollinger and is now engaged in the practice of medicine at Fort Madison, Iowa; and Charles H., the subject of this review.
Charles H. Philpott was reared under highly favorable conditions and re- ceived his preliminary education in the common schools of his native town and at an academy at Mount Pleasant. Having determined to follow in the foot- steps of his father, he matriculated in the medical department of the State Uni- versity at Iowa City, from which he was graduated with the degree of M. D. in 1882. He immediately began practice at Ottumwa, where he continued for twelve years, attaining a high reputation in both medicine and surgery. He be- came surgeon for four railroads, but on account of an attack of septicæmia, which resulted from a surgical operation which he performed in one of the hospita his health was seriously impaired and he retired from the practice of medicine to engage in a line of work that would enable him to spend a large part of his time outdoors. In 1896 he came to Des Moines as state manager for the Fidelit Mutual Life Insurance Company of Philadelphia, and succeeded so well that two years later he was promoted to the position of agency director for the United States with headquarters in Philadelphia, Pennsylvania. He removed to the eas: and continued to reside there until 1903, when he accepted the position of vicc president of the Des Moines Life Insurance Company. After five years of con- scientious application he resigned in order to devote his attention to the real estate and loan business, still continuing, however, as a director of the com- pany. He is also a member of the board of directors of the Inter State Busi- ness Men's Accident Association and the Corn Belt Land & Loan Company. He is now engaged in handling loans extensively and also in looking after his own properties. He has assisted very materially in the upbuilding of the city and is thoroughly alive as to its future possibilities, having platted Westover, White- hall, Colonial Acres and Roseland additions, upon which a number of elegant homes have been built. He is now arranging to erect a fine residence for himself on fifteen beautifully wooded acres at Dotwood Station, Urbandale car line, near Beaver avenue.
Mr. Philpott was united in marriage to Miss Eva E. Smith, a daughter of Rev. U. B. and Harriett R. Smith. The father is a minister of the Methodist church and is now one of the oldest members of the Iowa conference and su- perintendent of the American Home Finding Association. He holds the record
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of not having missed a single session of the conference for over forty years and is justly regarded as one of the highly valuable workers in the denomination.
Mr. Philpott has a host of friends in Des Moines and is known as a man of strictest integrity, whose word is as good as his bond. His sterling honesty is unquestioned, for it has been demonstrated on more than one occasion, and the enviable reputation he has acquired is much more to be desired than mere accu- mulation of wealth. He gives his political allegiance to the republican party and religiously is identified with the Presbyterian church. Socially he is quite promi- nent, being connected with the various Masonic bodies, including the lodge, chap- ter, council, commandery and Shrine, and also with the Country, Grant and Des Moines Club.
JUDGE CHESTER CICERO COLE.
Judge Chester Cicero Cole, who is regarded as the peer of the ablest of the men who have constituted the court of last resort in Iowa, is now living retired in Des Moines, honored and respected wherever he is known and most of all where he is best known. His life history constitutes an important chapter in the annals of city and state. He was born in Oxford, Chenango county, New York, June 4, 1824, and has therefore passed the eighty-seventh milestone on life's journey. His parents were Samuel and Alce (Pullman) Cole, the former a na- tive of Connecticut and the latter of Rhode Island. The ancestry of the family can be traced back to John Cole, who was born in England in 1670 and came to America at an early day, settling at Rehoboth, now Secunk, Rhode Island. His son, John Cole, Jr., was born in England about 1705 and came to America with his father. His first wife was a sister of Benjamin Franklin. For his second wife he chose Mary Bowen and they had five children. Their second son was Thomas Cole, who was born in Sterling, Connecticut, August 25, 1735, and died in Oxford, New York, October 25, 1827. He was married December 7, 1757, to Miriam Kinne, who was born in 1737 and died in Oxford, New York, Decem- ber 15, 1827. Their married life covered almost seventy years. They had ten children, of whom nine married and had children: Their living descendants at one time numbered one hundred and fifty, including five children, fifty-eight grandchildren, eighty-two great-grandchildren and five great-great-grandchildren. The Chenango Republican of November 27, 1827, had the following regarding Thomas Cole: "His days were industriously spent in the pursuit of agriculture. He was exemplary in his morals and just in his dealings. The wear of time had so enfeebled his nerves that he was confined to his bed nine days before his death, and we may with propriety quote the words of the Poet as applicable :
'Of no distemper, of no blast he died, But fell like autumn fruit that mellowed long ; E'en wondered at, because he falls no sooner. Fate seemed to wind him up for four score years, Yet freshly ran he on, twelve winters more, Till like a clock worn out with beating time The wheels of weary life at last stood still.'"
His children were: Amos, born in Sterling, Connecticut, November 16, 1759; Miriam ; Eunice, born March 12, 1765; Thomas, October 10, 1768; Spencer ; Levi ; Samuel ; Silas; Jeremy ; and Mary. The seventh in order of birth, Samuel Cole, was born in Sterling, Connecticut, July 23, 1775, and on the 20th of December, 1798, married Alce Pullman, who was born in West Greenwich, Rhode Island, June 22, 1783. His death occurred in Oxford, New York, November 8, 1832,
C. C. COLE
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and his wife passed away in Empire, Illinois, January 21, 1858. The remains of both were interred at Norwich, New York. Their children were eleven in num- ber. Eunice, born in Sterling, Connecticut, July 9, 1800, was married November 19, 1818, to Lyman Wilcox and passed away at Oxford, New York, June 17, 1820. Calvin Cole, the second, born in Sterling, Connecticut, September 1, 1802, was married in Oxford, New York, February 24, 1830, to Fayette Balcom. Her death occurred April 1, 1879, and Calvin Cole passed away May 10, 1882. Hannah L. Cole, the third of the family, born in Sterling, Connecticut, November I, 1804, was married October (or November) 19, 1821, to Charles Hancock and died in Creston, New York, April 15, 1826. Prudence Cole, born in Sterling, Connecticut, January 7, 1807, was married in Oxford, New York, to Levi Blackman, June 28, 1829, and died November 2, 1832. Spencer Cole, born in Sterling, Connecticut, March 1, 1809, was married at Clinton, New York, October 8, 1839, to Almeda Hollister, and for his second wife chose Mrs. Louisa H. Clarke, the widow of Peter Clarke and a daughter of Welcom U. Chase, of Amsterdam, New York. Their marriage occurred September 18, 1856. Spencer Cole died in Salem, Wis- consin, April 7, 1863, and his second wife survived until September 3, 1873. Na- thaniel Cole, born in Sterling, Connecticut, November 14, 1810, died March 25, 18II. Phoebe Ann Cole, born in Sterling, Connecticut, April 14, 1813, was mar- ried October 12, 1828, to Asa Fanning, who died at Union, New York, July 7, 1863. His widow afterward became the wife of Ambrose Taylor, who died March 10, 1878, while Mrs. Taylor passed away in Sterling, Illinois, April 4, 1890. Rachel Cole, born in Oxford, New York, April II, 1816, was married April 15, 1834, to Joel Harvey, who died in Sterling, Illinois, September 3, 1875, . while Mrs. Harvey survived until March 26, 1892, also passing away in Sterling. Charles Augustus Cole, born in Oxford, New York, May 29, 1818, was married in 1843 to Sarah Claricy Rice, and died in Clinton, Iowa, September 26, 1862, while his wife died June 3, 1885. William Henry Cole, born in Oxford, New York, June 23, 1820, was married in Albany, Illinois, December 27, 1845, to Susanna Woodman Boynton, who died February 28, 1847. William H. Cole was afterward married in Baltimore, Maryland, September 20, 1849, to Ellen Ireland Graham, who was born June 7, 1824, and was the widow of Richard Graham. William H. Cole died December 28, 1909.
The youngest and only surviving member of the family of Samuel and Alce Cole is Judge Chester C. Cole, of this review. At the usual age he entered the public schools of his native village and afterward attended the Oxford Academy. He lived upon the farm until thirteen years of age, at which time he began clerk- ing in a store in Oxford, and was thus employed until eighteen years of age. Realizing the need and value of education, he then resumed his studies, pursuing an academic course and later spending two years in reading law in the office of Judge Balcom, who was a relative and a judge of the supreme court of New York. Subsequently he matriculated in the Harvard Law School at Cambridge, Massachusetts, and was admitted to the bar in 1848. Seeking a favorable loca- tion for practice, he went to Marion, Kentucky, where he displayed marked ability and won recognition and success. The Kentucky bar has always been dis- tinguished because of the ability of its representatives and that Judge Cole won advancement there indicates clearly the power and talent which he displayed in the conduct of his cases before the courts. In 1857, however, he sought a wider field and choosing Des Moines as his home has since remained in this city and for sixty-three years was accounted one of the most active as well as one of the most distinguished representatives of the bar. He at once took a leading place among his associates and practiced here for over fifty-four years. He practiced altogether for sixty-three years, spending over fifteen years on the bench. Only two years after his arrival he was nominated by the democrats for the position of judge of the supreme court but at that time met defeat. In the next year, 1860, he was nominated for congress but was defeated, owing to the much greater Vol. II-14
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strength of the republican party in this district, this being the year Lincoln was elected President. He was then a Douglas democrat and strong Union man and gave freely of his time and money to raise troops for the war and to support the cause in which he so firmly believed. In recognition of the splendid work which he did as an advocate of the Union, Governor Stone in 1864 appointed him one of the justices of the supreme court. The people of the state heartily indorsed his appointment by twice reelecting him to the same position. His term on the bench was distinguished by the highest legal ability. To wear the ermine worthily it is not enough that one possess legal acumen, is learned in the principles of juris- prudence, familiar with precedent and thoroughly honest. Many men, even when acting uprightly, are wholly unable to divest themselves of prejudice and are unconsciously warped in their judgment by their own mental characteristics or educational peculiarities. This unconscious and variable disturbing force enters ents of all men but in the ideal jurist this factor be- decernible in results and loses its potency as a dis- exceptionally free from all judicial bias. His
more or less into the j" comes so small as nr turbing force. Ju varied legal learn. c .. ¿ experience in the courts, the patient care with which he ascertain.covis cts bearing upon every case which came before him, gave his deithey ity and exhaustiveness from which no members of the bar could taf-, wil e He has been commented upon by members of the ›s and perspicuous character of his opinions which 13 of appellate judicial decisions.
bar for the cleaner"
are often referred to
Upon his resignfly from the bench Judge Cole entered upon the private prac- . tice of his profession, lang ly giving his attention to the work of the federal courts for several years. H. as at once accorded an extensive clientele and proved no less powerful and abic as a lawyer than as a judge. After some time he formed a partnership under the firm name of Cole, McVey & Clark and later Mr. Clark was succeeded by Mw Cheshire. This relation was maintained until Judge Cole's retirement from the ovm. On June 4, 1911, the 87th anniversary of his birth he announced his freedom and retired from law practice. In 1892 he was chosen dean of the Iowa College of Law, a department of Drake University, and con- tinued in that position for a number of years. In 1865 Judge Cole, with George G. Wright, one of his court associates, organized the Iowa College of Law at Des Moines, which at once gave promise of great success. The first class con- sisted of fifteen students and it is safe to say no class ever received more com- plete, liberal or valuable instruction. A favorite with young men and preemi- nently a scholar, Judge Cole had the happy faculty of expressing his views in at- tractive form. The school graduated three classes. In the meantime steps were being taken by the regents of the State University to organize a law department in connection with that institution. To avoid a formidable rivalry a plan was perfected to merge the school into the department of the university, Judge Cole and his associate, Mr. Wright, acquiescing in the proposition made to them to become professors of law in the department. When the department was or- ganized in 1868 it was antedated so as to include the graduates of the Iowa College of Law for the years 1866, 1867 and 1868, and the transferred catalogue dates the existence of the school from 1865. Judge Cole remained with the law department of the State University for seven years, thus spending ten years al- together as professor of law. After the close of his connection with this school, in 1875, he organized in Des Moines another law school, with his associate, Judge Wright, acting as a silent assistant. This proved to be a very successful under- taking from an educational standpoint and was done at the urgent request of prominent citizens of Des Moines. In 1881 Drake University was organized and special pressure was brought upon Judge Cole to associate his law school with the university as the law department thereof, which he did, becoming dean of that department. It may be worthy of mention as showing the high standing of this second school that Leslie M. Shaw, former governor of Iowa and United States
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