USA > Iowa > Black Hawk County > History of Black Hawk County, Iowa, and its people, Volume I > Part 46
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The Sioux tribe of Indians claimed the Upper Cedar Valley as a part of their hunting grounds and seldom, unless on forays, ventured as far south as Black Hawk County. The Winnebagoes established their annual hunting camps in this vicinity, usually near Turkey Foot Forks in Union Township. Winter camps were also made elsewhere along the river in the present confines of the county. The Pottawattomies were occasional visitors and the Sacs and Foxes frequently came as far north as Black Hawk.
In August, 1858, the Indians held their last big council in this vicinity. A band of Winnebagoes under Chief Little Priest arrived at the forks of the Cedar in July and later a party of Pottawattomies came. On August 5 a big feast was held with dances and a general pow-wow.
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Numerous white visitors were present from Waterloo, Cedar Falls and neigh- boring towns.
The avarice of the white man and the spirit of commercialism have robbed the Cedar of much of its natural beauty. Its channel has become an avenue for sew- age disposal and its banks have been stripped of trees and excavated in many places for building materials. The park improvements have at this date restored much of the virgin beauty in certain sections of the river's course. The wanton and ruthless manner in which Nature's most beautiful handiwork has been marred in the despoliation of the natural scenery in the immediate vicinity of Waterloo is a sad commentary on the public intelligence. The so-called savages loved and venerated the old river and in their keeping it was pure and beautiful to look upon. Should not the citizens of an educated and cultured commonwealth share this veneration and cherish Nature's loveliness ?
LOVERS' ISLAND
This beautiful island in the Cedar was located about thirty rods northwest of the old courthouse. As late as 1868 it was 200 yards long and 50 yards wide in the center, extending from Sixth to Eighth streets. The nature of the soil and height of the land composing the island indicated that it was in remote times a part of the mainland of the east side. It was covered with a growth of magnifi- cent towering elms and cottonwoods and other native trees. A deep channel about one hundred and twenty-five yards in width separated it from the cast bank of the river and this water was a famous fishing ground. The island was also known as Lovers' Retreat and Brinkley's Island, because of a settler by that name residing in a house which stood on the island in the early day. A June freshet in 1876 washed away considerable of the island and succeeding freshets continued to reduce its size until March, 1884, when the high water of the 22d and 23d of that month devoured its banks, toppled over the trees and carried them down stream so that but an insignificant sand bar remained. A few seasons later every vestige of the once pretty island had disappeared.
THE "BLACK HAWK"
There was a time about sixty years ago when the people of Waterloo believed that the Cedar River was navigable and they looked for the solution of freight carrying problems to come from the water route.
In 1858 a steamboat was working on the river south of Cedar Rapids, which was more fortunately situated in this respect. In 1858 some of the men of Cedar Rapids, realizing the profit which might come from such a venture, built a small steamboat which was christened the "Black Hawk" and destined to carry freight and passengers between that city and Waterloo. The boat made its first landing here on October 8, 1858, and there was a wild demonstration by the people. Captain Snouffer was in charge and that evening the officers of the boat were given a banquet in Capwell's Hall. Much red fire was burned, flags unfurled and the eagle was allowed to scream its loudest.
The passage up the river was delayed several days on account of the neces- sity of frequently stopping and clearing the channel.
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Several trips were made in the summer of 1859, but the project had to be abandoned after the unusually high waters of 1858-59 had subsided. The Black Hawk was a stern wheeler and had a cargo capacity of about one hundred tons. The boat afterward worked on the lower Cedar and was still later taken to the Mississippi, working in the local trade around Memphis. If reports are not at fault it was at one time engaged in the difficult task of blockade running with cargoes of cotton.
The arrival of the boat at Waterloo was no less exciting to the people of Cedar Falls than here. What Waterloo had Cedar Falls wanted too. The Cedar River was then charted as navigable to a point but a short distance below Cedar Falls. Captain Mullarky, at the head of a company of citizens of that place, came to Waterloo and persuaded the captain of the boat to make an effort to reach the head of navigation, although the dam at this place doubtless formed an effectual bar. The Cedar Falls people proposed to run over and demolish the dam. They claimed that if the river was navigable the dam was there against the law and could be destroyed with impunity. The trial was made but the Black Hawk could not be propelled farther than the riffle south of the dam and the people of Cedar Falls returned home greatly disappointed.
The arrival of the Black Hawk with a cargo of the heavier articles of freight, such as salt in barrels and agricultural implements, was an epoch in the history of the community. Salt fell from $8 to $4 per barrel on account of the decreased freight charges. One of the old prints at that time states that the boat made it possible for Waterloo merchants to secure freight from Chicago for 70 cents per hundred.
CHAPTER XV
THE BENCH AND BAR OF BLACK HAWK COUNTY
The history of the Black Hawk County Bar properly begins with the date of June 27, 1854, when the first term of the District Court was held in this county- this county then being in the second judicial circuit of the State of Iowa. The court opened June 15, 1854. Hon. Thomas S. Wilson presiding. The record shows that the court was in session but one day ; five cases were dismissed and one appeal case continued, and W. H. McClure, a practicing attorney of the State of New York, was admitted to practice. There being no further business, court adjourned.
The second term of the District Court was held in March, 1855. Two New York attorneys, S. II. Packard and S. W. Rawson, were admitted to practice. At the March term, 1857, the court was in session but three days.
The first murder case, entitled State of Iowa vs. Jacob Harmon, was tried at the September adjourned term, 1857, on October 22d to 23d inclusive, and a verdict of murder in the second degree was rendered and the defendant was sentenced to eleven years in the penitentiary.
The Black Hawk County Bar has always had a high standing in this state and has supplied six judges for this judicial district. The first judge was Hon. Sylvester Bagg. He served as judge of the Circuit Court for a period of several years. He afterwards became judge of the District Court until January I, 1883, when he was succeeded by Hon. C. F. Couch of this county, who served eight years in the position. Hon. J. L. Husted was judge of this court for four years and Hon. J. J. Tolerton for three years, when he was compelled to resign on account of ill health. Hon. Franklin C. Platt was appointed to serve out the unexpired term and was twice reelected. He was unanimously renomi- nated for another term, beginning January 1, 1907.
Black Hawk County has always been noted for its intelligent juries and as a consequence some noted cases have been tried in this county upon change of venue. Probably the most noted case that has been tried in this county was entitled Robert Johnson vs. E. V. Miller and six other defendants, and is con- mionly known as the "Jones County Calf Case," the case growing out of the prosecution of the plaintiff, Robert Johnson, for stealing some calves in Jones County, and was an action for malicious prosecution against the defendants. The case was tried several times in other counties before it came to Black Hawk, and was pending in this county for ten years. In July, 1882, the case was tried, which resulted in a verdict for the plaintiff for $5,000. The case was reversed by the Supreme Court and was again tried in October, 1885, and the verdict was in favor of the plaintiff for $7,000. This case was reversed by
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the Supreme Court, and was again tried in March, 1889, when a verdict was rendered for $1,000 in favor of the plaintiff. This was appealed to the Supreme Court and the case affirmed, and final judgment was entered in the case in 1892. In this case witnesses who were school children at the time of the first prosecution of Johnson for the theft of the calves were well advanced in years before the case was determined. The taxable costs amounted to several thousand dollars, and it is said that the case impoverished all who were connected with it.
There are many attorneys no longer active in the legal profession in this county, but who were pillars of strength in the earlier days and who were promi- nent here and in the state. Among the number was H. B. Allen. He came to the county in 1857, having been admitted to the practice at Dubuque, Iowa, in 1856. He associated with him in the practice of the law Hon. Sylvester Bagg. an attorney of considerable experience and standing from Elyria, Ohio, and the firm of Bagg & Allen was for many years the leading law firm of the county. Mr. Allen continued in the practice until 1874, when he withdrew from the firm on account of ill health and after his health was partially restored he engaged in the banking business at Waterloo. He is now a resident of California. Mr. Allen was a lawyer of eminent ability and a very successful practitioner. In 1867 he formed a partnership with Horace Boies under the firm name of Boies & Allen.
Horace Boies soon became one of the leading lawyers in this part of the state and had a large business throughout Northern Iowa. Before coming West he had been a member of the New York General Assembly and that was the only political position he held prior to coming to this state. He was elected governor of Iowa and served with distinction for four years. Before he was chosen governor of the state he associated with him in the practice of the law his oldest son, E. L. Boies, and after he assumed his duties as governor E. L. Boies asso- ciated with him J. L. Husted and later his brother, H. B. Boies.
E. L. Boies was a lawyer of great ability and had a large practice. He died of typhoid fever in the spring of 1903 at the age of about forty years. It is given to but few men to reach as high a place in the profession as he had at the time of his death.
Black Hawk County has also supplied one attorney-general of the state and that is the present Judge Charles W. Mullan.
Among the members of the Black Hawk County Bar who have held political - positions are Hon. H. C. Hemenway of Cedar Falls, who has been a member of the General Assembly and of the Senate: C. W. Mullan, senator for one term; O. B. Courtright, senator for two terms.
There are but few bars in the state where the ethics of the profession are more closely followed than they are in this county. Ambulance chasers have been rare in the Black Hawk County Bar.
The members of the bar who have occupied the position of judge have been men of ability, and their decisions have ranked well, as shown by the records of the Supreme Court. Hon. C. A. Bishop, one of the justices of the Supreme Court, began the practice of law in this county.
The Bar Association was organized quite a number of years ago and the first president was W. H. McClure, who was admitted to practice at the first term of court held in the county.
J. B. SEVERANCE Early clerk of courts.
JUDGE SYLVESTER BAGG Pioneer jurist.
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The first lawyer to settle in Waterloo was John Randall, upon whom was conferred the distinction of county judge at one time: His various dealings with the public and in favor of corporations are delineated in other chapters of this work.
The first lawyer in Cedar Falls was Samuel Wick, although his name fails to appear on the court records of the county. He was a typical pioneer lawyer and although his methods of legal procedure would seem a bit crude today, he served the purpose of the late '40s and early '50s.
One of the first lawyers at La Porte City was George Bishop.
S. P. Brainard and Edwin Brown were strong advocates in the early days of the county. Powers & Hemenway formed a Cedar Falls firm which was well known. M. M. Trumbull, prominently mentioned in the carly Civil war days in the county, came here after the war, although he was a native of Butler County, and entered the practice, being elected at one time prosecuting attorney. W. M. Newton was an attorney who came to Waterloo in 1857, but later returned to New York, where he died. In 1867 there were fourteen law firms in the county. Lewis Lichty and George Ordway were prominent attorneys, also O. C. and Oren Miller, the latter an uncle of the former. Sam Rawson was a Civil war day lawyer in Waterloo, but having too strong rebel sympathies he found it con- venient to move to Chicago. James S. George practiced here in the 'Sos, but moved to Chicago, where he died. He was a brother-in-law of Sam Rawson.
In connection with the history of the bench and bar the following brief sketches are appropriate :
Charles W. Mullan was born in Wayne County, Illinois, on December 31, 1845. His father was Charles Mullan, one of the first settlers in the county. A complete sketch of Judge Mullan may be found in the second volume.
Herbert B. Boies was born in Waterloo, Iowa, May 9, 1867, and is a son of Horace and Versalia (Barber) Boies. He has spent practically his entire life in his native town. He was graduated from the high school in 1885. He then took a collegiate course at the University of Iowa, graduating from the law department in 1890 and then was admitted. He began to practice at once and became a member of the firm of Boies, Couch & Boies, which continued until the death of Judge Couch about 1896. In 1903 his brother, E. L. Boies, died. He was alone then in practice for three years, when he joined W. R. Law in the business. Politically he is a democrat. He was elected to the bench in 1914.
O. C. Miller was born in Kentucky in 1840. He attended the local common schools and Western College, Linn County, Iowa. His father came to Iowa in 1851. The subject of this sketch read law at Waterloo with Bagg & Allen and was admitted to the bar in 1865. He was a member of the firm of Bagg. Allen & Miller for one year. Then the firm became Bagg & Miller which continued until Judge Bagg went on the bench in 1869 and then the firm was Miller & Miller. They were together for eight years. Then Mr. Miller continued alone for twenty years, at the end of which time he formed a partnership with Mr. Williams. Politically. he is a republican. Mr. Miller moved to los Angeles. California, in 1913.
John E. Williams was born in Wisconsin on February 23, 1866, and came to Iowa with his parents when he was four years old and settled in Grundy County. After receiving a common and high school education he took a collegiate course
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Et the State University and graduated from the law department in ISSO ami was admitted in the bar the same year. In (Nyt he began to practice at Reinbeck And in isos he removed tw Waterloo. He was associated with Mr. Kern for two years Then he practiced alone for three years. About ngco he forme i a partner- -hin with << C Miller. In politics Mr. Williams was a republican.
George W. Dawson is a native of Iowa, bom in Butler County March 1 ;. iNos. on a farm. where he remained until twenty years of age. He took a two- Vear colorse at the State University, then read law. and graduated from the law department of the university in IEM and was admitted to the bar. In the fall of i887 he began to practice his professinn at Waterloo, serving as county attorney from :858 to 1804.
Franklin C Platt was born on August 20. 1854. in Warren, Illinois. His father was Judge john D Platt and his mother before her marriage was Julia E. Carpenter, He attended the common and high schools until he was fifteen years of age. He then took a collegiate course at the University of Illinois and graduated in 1873 He then read law at the Union College of Law at Chicago and was admitted to the Illinois bar in 1870 and to the Iowa bar two years later. He practiced his profession for two years in Chicago and in 18;S removed to Dow City. Iowa. where he resided until Iss3, when he removed to Waterloo. He has served as a member of the city council. He was appointed judge of the district bench to succeed Judge Tolerton, who resigned. In isos he was elected judge and reelected in 1002 and 100 ;. He is a republican in politics. A. B. Switzer was born in Louisville, Kentucky. on June 28. 1SOS. He attended the common schools and the State University of Indiana. He taught school in Indiana for a time and having decided to enter the legal profession. he studied law in the office of John Overmeyer at North Vernon. Indiana. He was admitted to the Indiana bar in 1886, and practiced at North Vernon for about eight years. Then he took a trip around the world. He came to Iowa in 1800 and settled at Waterloo. where he practiced his profession with great success. He was admitted to the Iowa bar the year he came to the state. He was a thirty-second degree Mason, a republican. and at one time prosecuting attorney of Jennings County. Indiana
J. E. Sedgwick was born in Moline. Illinois. June 2. 1854, where he resided until seven years of age Then his parents removed to McHenry County, Illinois. taking him with them Later the family removed to Champaign County, Illinois. where L E. Sedgwick lived until he was twenty-six years old. He attended the public schools and Wirand Prairie Seminary, that state. He read law with C. H. Frew. Paxton. Illinois, and was admitted before the Supreme Court of that state in :381. He came to Iowa the same year and was admitted He practiced law six months at Paxton. Illinois, and then removed to Waterloo. where he has resided ever since He is president of the Leavitt & Johnson National Bank. He served for many years in the city council and is a republican in politics.
Lore Alford. Jr .. was born in Waterloo. Iowa, October 24. 1881. He was graduated from the high school He then took a two years' collegiate course at the State University and in roos he graduated from the law department and was admitted He began practice at once in the office of Edwards & Longley and in July. food went into the practice for himself
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William R. Law was born on a farm in Black Hawk County, Iowa, on November 26, 1880. He attended the public schools of Hudson, Iowa, and East Waterloo High School, graduating in 1899. He read law at the Iowa State University and was graduated and admitted to the bar in 1904. He practiced law at Waterloo alone for a year and a half, then became a member of the firm of Boies & Law.
Benjamin F. Swisher is a native of Iowa, having been born in Iowa City on January 21, 1878. He spent his boyhood in Iowa City, where he attended the public and high schools, graduating in 1895. He took a collegiate course at the State University, graduating in 1899. He read law at the university and was graduated and admitted in 1900. He began practice at once with Mullan & Pickett. Since 1903 he has been alone in the practice.
Henry H. Bezold was born September 15. 1852. in Philadelphia, Pennsylvania. His parents died when he was a small child. When he was about twelve years of age he came to Dyersville. Iowa. He attended the public and high schools. He attended the Upper Iowa University at Fayette and took a collegiate course at the University of Iowa. He read law with Boies & Allen at Waterloo and with James Jamison at Independence. Iowa. and was admitted to the bar in November. 1873. He began the practice of his profession in partnership with Boies & Allen, which continued until IS78. He then opened an office by himself. He served as city attorney for a number of years.
James C. Murtagh was born in Waverly, Iowa, June 16, 18So, and attended the public schools and Nora Springs Seminary. He read law in the State University, graduating from the law department in 1901. In 1902 he was graduated from Yale University. He was admitted to the Iowa bar in 1901. He began the practice in Waterloo in 1902. In politics he is a democrat.
Albert J. Edwards was born in Troy. Walworth County. Wisconsin, on January 22, 1847. He came to Black Hawk County ten years later, where he has since made his home, in Waterloo. He received his education in the common schools of Wisconsin and Iowa. While acting as clerk of the District Court of Black Hawk County he profited by the suggestion of Horace Boies and started to read law. He was admitted before the District Court of Black Hawk County June 19, 1884. He practiced his profession in partnership with Alfred Longley since January 1. 1898. In recent years Judge Ransier has become a member of the firm. In politics Mr. Edwards is a republican. He served for a number of years as deputy sheriff of this county and as deputy clerk of the District Court for a period of eleven years. He resigned the latter office in 1892 in order to enter the practice of law.
Alfred Longley was born in Tipton. Iowa. on September 14. 1868, where he spent his boyhood. He was educated in the public schools of Tipton and Cornell College, Mount Vernon, Iowa. He read law in the office of C. W. Mullan and was admitted in January. 1896. He was in partnership until the latter part of 1896 with J. T. Sullivan. In 1898 he joined A. J. Edwards. Politically. Mr. Longley is a republican.
John W. Arbuckle was born in Fayette County, Iowa, August 19. 1864. He graduated at Cornell College and read law at the College of Law of Boston University. He graduated in ISgo and was admitted the same year and began to practice at Parkersburg. Iowa, with O. B. Courtright. An office was opened Vol. 1-25
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at Waterloo by these same men on August 1. 1894, and conducted by Courtright. In 1897. Mr. Arbuckle removed to Waterloo. He was county attorney of Butler County for four years.
Carlton Sias was born in the State of New York on November 22, 1877. He graduated from Cornell University in 1898 and was admitted in New York in 1899 and in Iowa in the fall of 1903. He practiced his profession at Rochester, New York, prior to coming to Waterloo.
Chester D. Kern was born in Dodge County, Wisconsin, July 29, 1871. His parents moved to Grundy County, lowa, in 1878. He received his early educa- tion in the public and high schools. For three years he taught school in Grundy County. He read law at the State University and was admitted in 1895. Ile began the practice of law the same year with John E. Williams. Since 1898 until recent years Mr. Kern practiced alone. He is now not making his home in the county.
J. H. Hildebrand was born near Waterloo on April 7, 1874. He graduated from the Waterloo Business College in 1898. He then took a two-year course at the University of lowa and was graduated from the law department and admitted in 1901. He began to practice at once at Waterloo as Hildebrand & Feely. In 1905 Mr. Feely withdrew from the firm and Hildebrand continued alone until his untimely death in the year 1913.
O. B. Courtright was raised on a farm in Grundy County, lowa. He was born in DeKalb County, Illinois, in November. 1849. He laid the foundation of his education in the local common schools. Ile read law by himself and was admitted to the bar in 1878. He came to Waterloo in 1894 to practice. He has served a number of terms as state senator from this district. Politically, he is a republican.
Edward T. Cowin came to Iowa in 1870 and settled in Waterloo. He was born in Cleveland in 1847. He read law and was admitted the year he came here, and practiced until his death, on April 29, 1907. Mr. Cowin was an extensive dealer in real estate and was one of the founders of the Waterloo Improvement Syndicate. He was a strong Chautauqua worker. He served during the Civil war in Company A, One Hundred and Seventy-seventh Ohio.
Lore Alford, Sr .. came to Waterloo from Maine in 1866 and died at his home March 30, 1900. He was born in Maine in 1838. He read law and was admitted to the Maine bar in 1865 and to the Iowa bar the following year. In May, 1861, he enlisted at Albany in Company A, Sixteenth Volunteer Infantry. In June, 1862, he was commissioned first lieutenant of Company II. Eighth Maine Volunteer Infantry. During the fall and winter of 1863 and 1864 he served as judge advocate at Beaufort and Hilton's Head. South Carolina. On September 14, 1864, he was commissioned captain. He was a member of the Seventeenth General Assembly and speaker of the House from 1881 to 1883. He was a member of the firm of Alford & Elwell from 1866 to 1880 and of Alford & Gates from 1881 to 1900.
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