USA > Iowa > Chickasaw County > Historical and reminiscences of Chickasaw County, Iowa > Part 4
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His character can be summed up in this: He was a man of uncommon physical energy, with little experience or forethought; willing to reward his friends and not adverse to hitting his enemies: easily persuaded and moving at once from the impulse; without the experience or acumen of a debater, but with the force of a pugilist; enamored with his own voice and power as a speaker, yet lacking the culture and tact to use this power to a purpose, he swept over the county
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like a prairie fire, not leaving many ashes or doing much harm.
The first of June I took a trip to . New Hampton, to see the town that was destined to be a successful rival of Forest City. One mile north of Forest City was the log house of Judge Bailey and a little further along and on the opposite side of the road, was the log house of Malachi Haverlick. One mile further north
was the log
house of James Upham. When I reached his place I found him breaking, and as he had but one leg, he was using the plow handles for one and hopping along behind the breaking plow. The next settlement on the road and the only one before reaching New Hampton, was three miles south of town, where Wesley Swayzee lived in a log house on the west and John Johnson, a Nor- wegian, on the east, also in a log house, of the town line road. To reach this settlement from Upham's, it was necessary to make a detour westward, via the groves, for the sloughs and high grass prevented a more direct route.
On my arrival in New Hampton, I found the population to consist of Harrison Gur- ley, wife and son, Homer Hamlin, wife and
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three children, Gideon Gardner and wife, David Edwards. wife and two children, E. T. Runion, wife and two children, C. Carpenter and wife. and E. W. Parker.
Gurley had a store in a log house and lived in the back part, this being the first store building in New Hampton, having been erected by James Jared and sold by him to Osgood Gowen, and was used for post-office, and the only place of public resort in the town, but he was building his old store building that has stood for the last third of a century on the southeast corner of Main street and Locust avenue. E. T. Runion had a pen of poplar poles, without cover, in which he had a bellows and anvil, and called it a blacksmith's shop. David Edwards was living in a frame house, the studding of which were flattened poplar poles, and it was sided with basswood boards and then filled in between the poles with prairie mud. There were seven houses and shanties in the town.
I remained until about two o'clock in the afternoon, and so well pleased was I with the town that I invested every cent I had in the world, before leaving, that is to say, I paid twenty-five cents to David Edwards for
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my dinner. I walked back to Forest City that night, and the next day went to laying brick on the sawmill arch and chimney.
Soon after this I attended my first wed- ding in the county; the contracting parties were Richard Elliott and Amy Bailey. I had the honor of being first man. and Lizzy Smith, subsequently Mrs. F. D. Bosworth, was bridesmaid. The bride was fourteen years old, an orphan, and not very well sup- plied with this world's goods. Tradition was still clung to that white was the only suita- ble color for a bride, and this was met by the bride borrowing a dress of regulation color, if not in form, of Mrs. Dr. Carpenter. It appeared to be in what has since been called Mother Hubbard style, but was adapted to the occasion by encircling the waist with a ribbon, borrowed from the same source. Her feet were encased in a pair of stockings borrowed of "Tiney," and shoes from Dr. Carpenter. Judge Bailey per- formed the ceremony, and in an exceedingly short time I had the pleasure of saluting the new made wife.
Crude as this may now seem, this couple have raised a family that are now occupy- ing positions of confidence and trust, and
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the mother is an honored and benevolent woman, carrying a blessing with her where- ever she is known. I am old fashioned enough to prefer seeing young people start at the end of the ladder that these young people did, and go up, than see them mount the upper round and go the other way.
As soon as the report of the commis- sioners was announced, locating the County Seat at New Hampton, means were taken to submit the question to a vote of the county, to bring it to some point in the south part of the county. Bradford, Forest City and Fredericksburg wanted it.
It was absolutely essential that the south part of the county be united, to give even a semblance of success. Much canvassing was had to devise some means by which there should be harmony as to the town selected. Hiram Bailey proposed a plan that was adopted. A committee of one from each of the southern townships, who were to go together and canvass the votes and have each one designate his first and second choice for places to be voted for, and when the canvass was completed they were to add the first and second choice for each place, and the one having the largest number,
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when thus added, should be the place to be voted for.
The committee appointed were John Bird of Bradford, Hiram Bailey of Richland and Fred Padden of Fredericksburg. There were but three townships then. as Dresden had not been formed. To make the thing safe for Forest City, the other townships were canvassed first. This was so that they could divide their second choice so as not to have either of the other towns secure the largest number. Forest City was selected, and then came the securing of petitioners to call an election, and as the lists of choice for Forest City had been kept with that in view, it was but little labor to prepare them so they could perform this second duty. As Judge Bailey was to pass upon their sufficiency, there was no fear but that they would be accepted, and notice was published that a petition would be presented at the March term of the county court.
I attended the spring term of the District Court, it being held in Bradford. As I passed west to the Wapsie. I came to the log house of Rev. S. M. Prentice, a baptist minister who used to preach over on Crane Creek and at Fredericksburg. Crossing the river was
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the log hotel of David Tingley, who had built his house on the bank of the river and had raised it high enough. as he supposed, to keep the water out of his house, but this season he was obliged to raise his threshold two inches to keep out the floods. In the grove west of Tingley's was the log house of David McDonald, it being the only house until Two Mile Creek was reached, where Truman Merritt had made the first perma- nent settlement in the county. No other settlements intervened between Merritt's and Bradford.
At this time G. W. Howard, A. G. Case and F. D. Hall were members of the bar and the only local practitioners. G. W. Howard was Treasurer and Recorder of the county, and did very little at the law. He was cool, reticent, and a self-contained mortal, and no one knew but little about him. With all his gravity, he was possessed of a grim humor, and while he had no special personal following. he was held in respect by every- body who met him, either in a financial, political or social capacity. His character may be illustrated by a little incident. He had been boarding for months with a lady, having a suite of rooms of his own. With-
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out notice, he failed to appear at his meals, and his whereabouts was unknown for months.
Returning to his rooms, he went to his breakfast the next morning and walking in he took his seat at the table just as though he had been a continuous boarder, and no word from him betrayed the fact that he had been absent. After J. H. Powers resigned his seat in the State Senate, to enter the army, he was elected to fill the unexpired term. He was subsequently appointed Major of the twenty-seventh regi- ment of Iowa Infantry Volunteers and made a brave and cool officer.
F. D. Hall had been elected Prosecuting Attorney and was a young man of close and discriminating mind, when legal points were placed before him, but he lacked the gift to raise and grasp them of his own volition, as original propositions, either as main or aux- iliary supports of a case. Added to this, he was weighted with a sensitive embarrass- ment that overwhelmed him, mentally and physically, which left him stranded, when he should have been possessed of his every faculty and power.
Thus lacking the very element so much
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needed for success in a new country, "brass," he soon dropped out of practice and took up the work of an; agriculturist and has remained an honest, influential and respected citizen.
A. G. Case was a young man who had received a classical education, and thus started with an advantage over his com- peers, all of whom had graduated from the "Poor Man's College," the common schools.
He had studied law under the most favor- able circumstances, yet, with all these advantages, his appearance was decidedly vernal, and his practice circumscribed. How- ever, beneath this schoolboy appearance there slumbered a force as yet unknown and unfelt, that was to develop the man and show that he possessed legal acumen seldom equaled, and that he had a classifying power that could make all ends subserve his pur- pose, and had not the enticements of a busi- ness life taken him from the profession, he would have stood the peer of the foremost.
This same marked power has not forsaken him in the business world, and he has become president of two National banks and is burdened with the care of his accu- mulations.
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Think not that these were the only ones that a new comer had to meet, for there was the "traveling bar," consisting of Wil- liam Mcclintock, Elijah Odell, Milo McGlath- ery, L. L. Ainsworth, S. S. Ainsworth, S. B. Zeigler and J. O. Crosby, who came from the eastern counties and carried free lances, ever ready to enter the lists, either singly or in a body, as chance presented itself.
It was something more than a surmise that most of them had formed a syndicate to crush out all local lawyers who proposed to attend to their own cases without calling in their aid.
Having studied law in Dayton, Ohio, and having attended the Law School at Cincin- nati, I had an exalted idea of the dignity of courts, and when I entered the District Court of Chickasaw County for the first time and saw the presiding Judge sitting beside a table with his chair tilted back and his heels resting on the top of the table, while he was whittling a pine stick with all the enthusiasm of a yankee boy, and emit- ting vast floods of tobacco saliva from his mouth, I felt that my ideal was not realized.
It was at this term of court that I was admitted to the Chickasaw County Bar, and
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had my first case in the county. It was an appeal case, my client being James Upham; L. L. Ainsworth was opposing counsel, and it was found that in the court below. both par- ties had forgotten one and one-half bushels of potatoes that my client had received from the other party, and that they were worth eighty cents per bushel. making a judgment against my client of one dollar and twenty cents. My client declared that this was right. and that if either of them had thought of the potatoes, he would have paid for them. Thus in my first case a righteous judgment was given.
At this term of court. F. D. Bosworth was acting clerk, George W. Reed, who had been elected clerk, being wholly incompetent. Bosworth was a young man who had received a common school education, living with his father and attending school at Butternut Ridge, near Tiffin, Ohio, and on reaching his majority, came west to grow up with the country. After arriving here he taught school and split rails, and showed that he had the spirit of success in him. As Deputy Clerk, all the business of the office fell upon him, and he entered the office with little knowledge of men, but with the vigor of
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youth and a sterling integrity. The fact soon became apparent that the whole of the county business had fallen into his hands, and that in fact he was the arbiter of the county, as he found appeal for direction by the County Judge.
This was a misfortune to him, for he first found it out, then felt it, and then acted it, and it took long years of stern schooling and frequent disappointments, to eradicate the manner thus acquired. His brusqueness was only seeming, for no kinder or more consid- erate heart ever received a place in human breast than was his. With an unimpeacha- ble integrity, a stainless character and a loving nature, he was esteemed and beloved by all who intimately knew him. Had he studied and known more of men, his public life would have been more of a success.
As a home and family man he had few peers.
On my first visit to Bradford I met, aside from the lawyers, Andy Sample, A. W. Bill- ings, George A. Bronson, L. Corey, Leonard Kingsley, E. A. Haskel, Levi Hubbel, D. A. Babcock, J. A. Bird, John Bird, "Stick" Dodge, Captain W. W. Foster, Deacon E. W. Woodbridge, Judge DePuy and Judge Andrews.
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These were the representative element of the place, and expressed great faith in the future of the town. As to its location, it seemed that nature had exhausted herself to make a beautiful place for the town, and on paper it presented the appearance of a metropolis with its additions and depots.
Physically W. W. Foster was the moststrik- ing figure, and a bearing that made a marked man of him. Six feet three inches tall, straight as an arrow, full and robust physique, high forehead and white flowing locks, he was a true type of a physical man. In phys- ical contrast was E. A. Haskel, five feet six inches high, small and effeminate, when standing by the side of Captain Foster the contrast was striking in the extreme. A. W. Billings was of square build, medium height, a blonde, and had the appearance of being a good liver and having it reasonably well moistened, was a rollicking, good natured fellow, and appeared to be one of the boys. Kingsley was the reverse of Billings, being dark complexioned, and bearing none of the marks of being one of the boys, but a peep behind the scenes would show that he was known to them and able to carry his part. Corey was a nervous. active man, and full of
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plans, which, if successfully carried out, would have made all prosperous and himself a moneyed man. Like many another castle builder, his schemes failed to profitably materialize, and the empty buildings that absorbed his substance long stood as monu- ments of his impracticability and along their halls echoed his lost hopes.
None could meet the men of that day without recalling the pleasant smile. affable word and greeting of Deacon Woodbridge. While not one of the boys, he was on good terms with them, being entirely void of any sanctimonious bearing, and was greeted by all as a social, good natured and genial com- panion. I learned to like him for his kind- ness and friendship in after years. After the removal of the county seat to New Hampton there was little business, and as I had married and had a family to support, found that I must supplement my profes- sional fees.
After closing my business in court, I went to work on a job I had in hand. The Prose- cuting Attorney desiring to leave, the court appointed me to supply his place before the Grand Jury. The Sheriff failing to find me, went to Deacon Gardner to make inquiry.
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Deacon Gardner was foreman of the Grand Jury, and he told the Sheriff that I was prob- ably digging a well for Gurley. Deacon Woodbridge was a member of the Grand Jury, and when he heard the remark, he asked, "Does he dig wells?" He was assured by Deacon Gardner that I did every- thing I could find to do, when not employed with professional work. To this Deacon Woodbridge remarked, "Can't kill him, can't kill him. I will go home and tell the boys it's no use, they can't kill him," and from that hour he was my warm personal friend, and many a dollar his influence put in my pocket. His memory is still green, and I cherish it lovingly and gratefully.
George A. Bronson was the proprietor of the "Bronson House," and if he was to have judgment passed upon him in modern slang phrase, he would be called "cranky." If he liked a man, no place was too good for him, and no labor too great to make him com- fortable, but if he took an aversion to him, such guest would be the last served or looked after, and if there was complaint it would not call forth soft and soothing words, but a deluge of expletives, he not always bearing in mind the third commandment, although at heart he was a kindly man.
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"Stick" Dodge was a marked character, being deformed, not more than four feet higb, mostly body, with little stumps of fin- gers, and the keeper of a saloon that he run under the euphonious name of "Pig's Eye." His saloon was headquarters of all the fast men and boys, and the earnings of many a day's work found a place in his till, and many a pocket book was lighter when it left than when it entered his place of business, although it was reported that he never allowed a game of chance to be played unless limited. This was not so much from princi- ple, as for self protection, for if there was no limit, there was chance for exhaustion on a single bet, and in that event there would be but one treat, thus reducing his patronage, or relying on trust.
Had I come directly from home surround- ings, I should have been taken by surprise, but as I had spent a year in Texas, I was prepared to expect departures from my early training, and I met it philosophically, hoping that the time would come when there would be a change more in accordance with the decalogue. In recalling the votaries of the "Pig's Eye," I think of none who have filled places of honor and trust, but many who have ended in poverty and shame.
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D. A. Babcock was a genial and popular young man, and when the war of the rebel- lion broke out, showed his patriotism by entering the great army of volunteers as soon as he could disguise his misfortune by securing a glass eye, so as to give him the appearance of being eligible. A good fighter, a faithful comrade and true hearted man, his example might have been an inspiration and his life a success.
When inspired by his surroundings, there would flash from him glints of oratory that would thrill and amaze, but they only showed what might have been, had he not been weighted by an indolence that was the bane of his life. Nor was this indolence confined to his mental action, but it run through every fiber of his being, until from utter inanition his mental power was dwarfed, material prosperity destroyed, moral pre- ceptions weakened, until, without ambition, without money, home or friends he was buried by charity beneath Carolina's sunny skies. He had held a position on the Capitol police, until a change of administration took it from him, and at the time of his death he was looking after an interest he had in some mining property in South Carolina.
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At this term of court A. E. Bigelow was Sheriff, having been elected as the successor of Andy Sample, who had been elevated to that position at the organization of the county. There were many suits pending against Andy Sample, and in serving the processes of court. the new Sheriff had levied upon and persisted in retaining property claimed by Sample, and many were the threats made against the man who had the temerity to come in contact with the terror- izing force of Sample and his friends. Bige- low was small of stature, close knit and wiry; and as he had been a "49er" who had been overland to California, and had the experience and schooling incident to the gold fields in their early days, was silent and unrelenting in his performance of duty, they took counsel of prudence, and there were no overt acts of violence as had been threat- ened.
Subsequently A. E. Bigelow was elected Treasurer and Recorder of the county. At the expiration of his term of office, he started the Chickasaw County Bank, and run the same until it was merged with the Bank of New Hampton, the consolidated banks becoming the First National Bank of New
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Hampton. Mr. Bigelow has been Director or President of this bank since its organiza- tion, and has proved himself a successful business man. There has been some droll experiences in his dealings with some of the old pioneers that would disturb the equa- nimity of most men.
There was a little hotel kept in Chicka- saw, and, being a guest, desiring supper and breakfast, have been requested to advance the amount of my bill so that they might purchase supplies at the grocery with which to supply the table. When Bigelow left his farm and moved to town he bought out this hotel, and with the anxiety of a parting host, the former landlord took him aside and in an anxious manner made the parting request that the new landlord should not allow the hotel to lose its standing and repu- tation while in his hands.
Andy Sample was a character of note in those days, and was connected with every 'move that had for its object the advance- ment of Bradford's interests. Without an education, he was possessed of great execu- tive ability and a spirit of adventure and audacity that, counting results, amply com- pensated for lack of education.
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Not being particularly trammeled with conscientious scruples, he was a terror to his opponents and a power for his friends, in a new country. His test of a man's grit was peculiar to himself. At the first term of conrt that L. L. Ainsworth attended in the county, there had been an action for assault and battery commenced against Sample, in which G. W. Howard had been acting for the prosecution, and the threats of the accused against him were dire and numerous, and Howard instructed his client to employ Ainsworth. On the trial, Ainsworth was severe in his remarks on the defendant, and secured his conviction. This kind of fear- lessness pleased Sample, and he went over to the old store building where court was being held, and called Ainsworth out and told him that he wanted to see him back of the building. It looked rather ominous, and having heard about his threats against How- ard, he began to suspect that his time had come. When they had retired behind the building Sample asked him if his name was Ainsworth. It was no time to dodge, and Ainsworth said that was his name. At this Sample said: "My name is Sample, Andy Sample, and you will find my name on the
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docket in here and in Floyd county, and wherever you find my name on the docket I want you to write your name opposite to it as my attorney. Do you hear?"
Thus began the long continued relation of client and attorney that only ended when Simple left the county. In speaking of it, Sample said: "When I heard that little crooked nosed cuss going for me, I made up my mind to have him." Sample, after he was elected to the office of Sheriff, made the . first arrest in the county. A hog buyer had been up the Cedar, and as he advanced down the valley, his drove increased faster than his purchases were made. Complaint was made to Hank Johnson, who had just been elected the first Justice of the Peace of the county, and turning to Sample, said: "Sher- iff, arrest that man at once for stealing hogs." Armed with this command, Sample started at once. and in due time presented the person of the offender before the Justice.
Here the court found itself in a dilemma, for it had no Code, and had never seen a trial. Rising to the occasion and assuming an attitude of dignity, and in his most impressive manner, he prepared to act in the case. Saluting the prisoner, he com-
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manded: "Stand up, sir; take off your hat, sir; hold up your right hand, sir;" and then he proceeded to administer the following oath; "You solemnly swear by the uplifted. hand of Almighty God that you didn't intend to steal those hogs as you hope to be damned." The prisoner assented by bowing his head and received the parting words of the court: "Well, you can go this time, but turn the hogs loose and don't steal any more." Thus ended the first trial in the county.
After Sample was elected Sheriff of the county, he was sent to Iowa City, the then capital of the State, to lobby and look after the interests of Bradford before the Legisla- ture. After his arrival, the lobby soon learned his business, and that his legislative experience was limited, and prepared to practice upon his credulity. At this time much was made of the organization of the lobby, it going through all the forms of the House of Representatives.
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