History of Buchanan County, Iowa, and its people, Volume I, Part 67

Author: Chappell, Harry Church, 1870-; Chappell, Katharyn Joella Allen, 1877-
Publication date: 1914
Publisher: Chicago : S.J. Clarke Pub. Co.
Number of Pages: 768


USA > Iowa > Buchanan County > History of Buchanan County, Iowa, and its people, Volume I > Part 67


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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The judges of the Circuit Court were Sylvester Bagg, of Waterloo, from 1869 to 1878. Berker T. Winslow, of Dubuque. from 1869 to 1872. B. W. Laey, of Dubuque, from 1879 to 1883. B. N. Poor, of Dubuque, and David S. Wilson, in 1872. J. J. Ney, of Independence, from 1884 to 1887. W. II. Utt, of Delhi, from 1884 to 1886.


In 1887 the Circuit Court was abolished by an act of the Legislature.


The first sheriff was Eli Phelps, term commenced January 1, 1849, expired January 1, 1850. He was followed by H. W. Hatch, 1850 to 1852; J. A. Guthrie,


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1852 to 1853; Norman Pieket, 1853 to 1854; Eli Phelps, 1854 to 1856; Leander Keyes, 1856 to 1858; William Martin, 1858 to 1860; Byron Hale, 1860 to 1862 ; John M. Westfall, 1862 to 1866; A. Crooks, 1866 to 1868; John A. Davis, 1868 to 1872; George O. Farr, 1872 to 1876; W. S. Van Orsdol, 1877 to 1880; E. L. Currier, 1880 to 1886; W. S. Mitehell, 1886 to 1888; J. N. Iliff, 1888 to 1892; W. M. Higbee, 1892 to 1894; E. O. Craig, 1894 to 1898; C. E. Iliff, 1898 to 1904; G. O. Corlis, 1904 to 1909: O. E. Finnf, 1909 to 1915; Fred Lehmkuhl, 1915.


Dr. Edward Brewer was elected clerk of the court in 1847 and served until 1868; D. L. Smith was elected in 1868 and served until 1878; R. JJ. William- son was elected in 1878 and served until 1880; O. M. Gillette was elected in the fall of 1880 and resigned in 1889; W. E. Bain was appointed and served until 1890, when L. F. Springer was elected and served until 1894; A. M. Shellito, 1894 to 1896; 1l. C. Chappell, 1896 to 1900; M. O. Fonts, 1900 to 1905; J. T. Stevenson, 1905 to 1910; J. N. Smith, 1910 to 1913; and David llood sueeeeded and is now the clerk.


BIOGRAPHICAL SKETCHES OF LAWYERS


James Jamison was born February 14, 1828, in the County of Armstrong, Pennsylvania. In 1850 he entered Alleghany College, at Meadville, Pennsyl- vania, where he remained for two years, working his way. He then com- meneed the study of law with the Hon. David Derickson at Meadville, and was admitted to the bar, August 18, 1853. He immediately took his diploma and started for the West. With no particular point in view, he threw himself into the great wave sweeping toward the West, trusting more to chance than to design as to where he should land.


Independence was the place, and, without hesitation, but with an assurance that sueeess awaited him, he at once opened an office. His first law case was tried for Orrin Lewis, October 18, 1853, for which he received a fee of three dollars. His business for the first month amounted to five dollars and seventy- five eents.


A more uncouth, awkward, unpromising young man, in personal appear- anee, than Jamison was at that time, never threw his shingle to the publie. Tall and angular, with light hair, a face not molden for beauty, awkward in every move, a gesticulation that defied all rules, a hesitancy of speech that was painful, he was at once, by superficial observers, set down as a failure. To the young men he was a subjeet of ridicule; to the young ladies a curiosity.


As a citizen he was just and honest. lle set a noble example of filial attach- ment. His widowed mother presided over the home (for he never married), and her life was made happy by his constant love and devotion. Having no family to call forth and enltivate his domestic nature, his social qualities gradually found relaxation in the society of those whose tendencies were down- ward. The sequel need not be told. It is useless to follow him down the road we have all seen so many travel. It is the same old path; once entered it is seldom forsaken. It leads all classes to the same goal. The talented, noble James Jamison died a victim to intemperance the second day of August, 1878.


Capt. D. S. Lee was born in Genesee County, New York, October 16, 1817. On March 3, 1852, he was admitted to the bar of lowa Supreme Court. In the


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same spring he commenced practice of law in connection with the real estate business at Independence. In 1855, with P. A. and E. B. Older, he established the first bank in Independence. The latter business was very successful until the year 1857, when the firm went down with so many others in the general crash. All of Mr. Lee's ample fortune was swept away, and financially he never recovered. Lee attested his patriotism and fidelity to the Government by being the first man to volunteer from this county in the late war. On the organization of Company E, of the Fifth Regiment lowa Infantry, he was unanimously elected captain, which position he held for three years. In the fall of 1864, immediately after his term expired, he was elected the first mayor of the City of Independence, and was reelected the year following. In the year 1869, he was chosen a member of the lowa Legislature, and performed the duties of that office with mueh ability. At the close of the session he re- sumed the practice of law, and continued in the same mitil he was prostrated by disease in 1875. After a lingering illness he died, May 25, 1878.


0. 11. P. Roszell-One of the most conspicuous and remarkable characters identified with the history of our county was the llon. O. JI. P. Roszell. IIe was born December 21, 1827, in Canandaigua, New York. Ilis education was completed at the Cary Collegiate Seminary, where he attended for several years. December, 1849, found him in Independence, where he remained until his death. The first few years of his Western life were spent in various pur- suits, principally in teaching and surveying. In 1851 he was admitted to the bar. In 1854 he was elected the first county judge of Buchanan County, which position he ocenpied for six years. The county judge at that time was a very important functionary. His powers, in reference to all business pertaining to county matters, were almost exclusive and unlimited. In 1858 JJudge Roszell was elected county superintendent of public schools, holding the position for two years. lle was, also, in the same year elected a member of the State School Board of Education. Ile was elected Mayor of Independence on three different occasions. Judge Roszell was of extraordinary personal appearance, tall, dignified, and commanding. The expression of his face was always grave and thoughtful, but good humored. llis fine presence and brilliant talents at once commanded respect, even among strangers. In his speeches he was clear, logical, and forcible, rather than abounding in rhetorical embellishment. He was a strong partisan, always taking great interest in political affairs, and always an ardent democrat of the old school. Yet such was the esteem in which he was held by his fellow-citizens, that he was rarely beaten in a political rare, although his party was in a hopeless minority. As a lawyer, he did not meet with brilliant suecess. Ilis life was so inch taken up with other matters that others, with less ability, ontstripped him at the bar. Probably no man in Buchanan County did so much for popular education as he. He was always an enthusiast in advaneing the efficiency of our public schools. He died the fifth day of October, 1877.


Albert Clarke was born in Conway, Massachusetts, in 1810. Ile com- meneed the study of languages, preparatory to entering college, which he did in 1830, when he entered Amherst College, and was in the same class with Ilenry Ward Beecher and Fowler, the phrenologist. He graduated in 1834. llaving been interested to a considerable extent in lands in Buchanan County,


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in 1854 he moved to Independence, and gave his attention to its interests, and also to ageneies of land belonging to Eastern men, and attending to various publie interests with which he was intrusted. He died in the year 1868, aged fifty-eight years.


James W. Weart was born in Hopewell, Mereer County, New Jersey, in a house occupied by General Washington as his headquarters during a period of the Revolutionary War. He was lieutenant in the Twenty-first Regiment, New Jersey Volunteers. He came to Independence December 25, 1863, and at onee commenced the practice of law. He was city clerk for a number of years ; also clerk of the lowa Senate for three terms. Ile came to his death by the accidental discharge of a gun while hunting on Thanksgiving Day, which badly mutilated both of his hands. He survived the accident about one week, dying in December, 1874.


D. D. Iloldridge was born in Madison County, New York, September 3, 1835. He was edneated at the Cazenovia Seminary, New York, and then studied law two years with D. W. Cameron, at that place, after taking a full law course at the Law University at Albany. He moved to Independence, Iowa, March, 1862, and immediately commenced the practice of law. Ile was elected to the Iowa Legislature in the fall of 1863. He was afterwards quartermaster of the Forty-sixth lowa Infantry Volunteers. During the war he received a commission from Abraham Lincoln as captain and commissary of subsistenee, but deelined to serve. He was three times Mayor of the City of Independence, twiee by election and once by appointment. He left Independence in the early '80s and is now living in South Dakota.


S. S. Allen was born May 1, 1828, in Franklin County, Massachusetts. At nineteen years of age he came to the State of Wisconsin and taught sehool. In 1851 he entered a law office in Wisconsin, where he studied two years. In 1853 he was admitted to the bar and immediately came to Independence, Iowa, where he practiced three years. He then gave up the practice and became a farmer, in which vocation he remained until his death.


J. S. Woodward was born in Middleburgh, New York, in 1830. He first read law in Janesville, Wisconsin, and in 1853 was admitted to the bar at that place. In the fall of that year he came to Buchanan County and located at Independence. A more extended sketeh may be found in Volume 2 of this work.


Col. Jed Lake was born in the State of New York on November 18, 1830. After an early life filled with ups and downs Jed Lake finally drifted to Inde- pendenee in October, 1855. A complete sketch of him may be found in Volume II of this work.


William G. Donman was born in West Charleston, Saratoga County, N. Y., on June 30, 1834, the son of Alexander and Elizabeth MeKindley Donnan. He was of Scotch descent. At seventeen years of age Mr. Donnan entered Cambridge Academy, New York, and two years later entered Union College. He graduated in 1856. He immediately eame to the City of Independenee and resided here until his death on December 4, 1908. He was married on October 1, 1857, to Mary C. Williamson. Two sons were born of this union : William W., who died November 1, 1906, and Donald D., at present of Buchanan County. Mr. Donnan began the study of law in the office of J. S.


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Woodward in Independence and was admitted to the bar in 1857. In the fall of that year he was elected treasurer and recorder of Buchanan County, and was reelected in 1859. In 1867 he was elected state senator from this district, and it was largely through his influence that the hospital for the insane was erected at Independence. In 1872 Mr. Donnan was again elected to this office. At the end of his second term he declined a second renomina- tion and was then offered by President Grant a diplomatie mission to South America, which he also declined. In 1876 he was a delegate to the Republican National Convention at Cineinnati which nominated Rutherford B. Hayes, and in 1884 was delegate-at-large to the Chicago convention which nomi- nated James G. Blaine. In 1883 Mr. Donnan was again elected to the Senate of the state, and while serving this capacity introdueed a bill prohibiting the liquor traffic in the State of Iowa. In 1875 Mr. Donnan was elected a director of the First National Bank of Independence and in July, 1903, became the president of that institution. He was serving in this capacity at the time of his death. As a member of the Twenty-seventh Iowa Infantry during the Civil War, Mr. Donnan won many honors and was promoted from private through the successive ranks until he was adjutant general. Mr. Donnan was also a prominent Mason in the state. At one time he held the office of grand captain general of the Grand Commandery of Iowa. He was also a member of the G. A. R. and Legion of Honor.


J. B. Donnan was born in the State of New York on December 13, 1840, and came to Independener in May, 1862. He graduated at the Iowa State University, in the law department, and then began the practice of law in Independence, forming a partnership with his brother, W. G. Donnan, in 1865, which continued until it was the oldest law firm in Iowa.


M. W. Harmon is another lawyer prominently identified with the history of Buchanan County. He is yet active in the practice of his profession. A detailed sketch of his life is written in the second volume of this work.


D. W. Bruckart was a Pennsylvanian by birth, having been born there April 23, 1851. He pursued his education in the East until 1868, when he entered the Iowa State University and graduated. In the fall of 1872 he opened a law office at Independence and afterward moved away.


M. R. Eastman was born in New Hampshire in 1839. He was admitted to the bar in 1864. He came to Waterloo, lowa, in 1865, and practiced there until 1868, when he came to Jesup. In 1874 he removed his office to Inde- pendenee. About ten years ago he went West.


C. E. Ransier was another attorney of this city who won fame and honor. A complete sketch of him may be found in Volume HI of this work.


Daniel Smyser was born May 29, 1839, in the State of Ohio. He came here in 1851. His early law education was obtained in the office of James Jamison and he was admitted to the bar in 1871.


Seth Newman was born in New York on December 7, 1836. He studied law in the East and was admitted to the bar November 15, 1860. He prac- tied with Horace Boies at Buffalo until 1861 when his health compelled him to relinquish his work for several years. He came to Independence in 1876 and was elected justice of the peace the same year. In 1880 he entered into partnership with W. H. Hohnan.


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John J. Ney was born in Ohio June 8, 1852. Hle received his education at Notre Dame, Indiana. In 1875 he came to Independence and entered into partnership with Lake and Harmon. A complete sketch of Judge Ney may be found in Volume II of this work.


Capt. H. W. Holman was born in Erie County, Pennsylvania on August 21, 1841, and in the East he spent his early manhood. At the opening of the Civil War he enlisted in the Eighty-third Pennsylvania Infantry and was suc- cessively promoted until he was sergeant of the signal corps. In October, 1866, he came to lowa, and located in Allamakee County. In 1871 he moved to Waterloo, and in 1875, to Independence. Here he began the practice of law. In May of 1904 he was obliged to give up his profession to seek health. llis death occurred Sunday, March 5, 1905. Captain llolman was known as one of the best lawyers who ever practiced in Independence. He was a member of the G. A. R., the Legion of Honor and was a Mason of very high rank. For years he was worshipful master of the Bhe Lodge and long served as eminent commander of the Templars. At one time he held the office of grand raptain general of the Grand Commandery of lowa.


J. E. Jewel was born in Ohio in 1847. He came to this county in June, 1854. During the Civil War he served in Company C of the famous Twenty- seventh Iowa. Ile was graduated from the law department of the Iowa State University in 1877 and began the practice of law in Independence in September, 1877.


Frank Jennings was born in Pennsylvania JJuly 3, 1836. After his edu- cation he studied law with H. T. MeNulty at Dubuque, Iowa. In 1877 he removed to Independence where he continued in the practice until his death.


J. H. Williamson was born February 7, 1855. in New York State. He began the practice of law in Independence in September, 1880, and entered a partnership with his brother, R. J., in 1881. Ile practiced here until his death.


R. J. Williamson was born February 3, 1857, in New York State. He was elected clerk District Court of Buchanan County in 1878. Admitted to the bar in 1880, and entered in partnership with his brother, J. H. He afterward moved to Grundy County, where he now lives.


O. M. Gillett, another early lawyer of Independence and now president of the Commercial Bank, has a sketch in the second volume of this history.


Franeis W. Comfort was born in Illinois in 1853. He was educated at Wheaton College and was admitted to the bar in 1880.


F. W. Gifford was a native of Vermont, having been born there in 1854. He graduated from Madison University in 1875. He came to Independence and studied law with Lake and Hamon and also with O. M. Gillett. Hle was admitted to the bar in 1877 and was elected justice of the peace in 1880.


E. S. Gaylord was an early lawyer of the Town of Winthrop. He was admitted to the bar in 1901.


Stephen Paul Sheffield was an early lawyer at Hazleton. He was admitted to the bar in New York in 1855. He came to lowa in the same year, but remained only a short time. He returned, however, in 1873 and in 1880 he settled in Hazleton.


Vol. I-35


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HISTORY OF BUCHANAN COUNTY


Louis F. Springer was born in Berks County, Pennsylvania, of "Pennsyl- vania Dutch" stoek. He was a graduate of Lafayette College at Easton, where he was a pupil of Doctor Lord, one of the most scholarly men of his time. Later " he studied law, and came West to practice, locating in Independence in 1880. In 1881, he was elected city attorney, succeeding C. E. Ransier, and served four years. In 1885, he served a year as mayor, filling out the term of C. M. Durham, who died in office. He served two terms as clerk of the District Court from 1891 to 1895, then returned to the practice of law. Ile served as repre- sentative from this county in the State Legislature in the twenty-ninth, thirtieth, thirty-first and thirty-second general assemblies. Every election to county office was gained over adverse majorities, indicating his popularity with the voters of the county.


After he retired from the elerk's office he formed a partnership with W. F. Miller and afterwards with M. A. Smith, with whom he was associated at the time of his death. on April 19, 1914.


Charles L. Everett was born in Fairbank, forty-four years ago, his parents being Franklin B. and Sarah Everett. The early days of his life were spent in and about his native home where he received his elementary edueation. After teaching school for a short time in neighboring districts. as a young man, he entered the law department of the State University of lowa City. After gradu- ation he came to this city, and in partnership with Warren F. Miller, prae- tieed his profession, for about a year. In March, 1895, he became the law partner of C. E. Ransier, with whom he was associated at the time of his death on May 20, 1903.


W. F. Miller, now editor of the Conservative, and whose biography appears in Volume II of this work.


R. F. French, who was at one time associated with Il. W. Hlolman and is now farming in this county.


(. J. Rudolph, who was located at Jesup, but is now at Waterloo.


G. W. Backns, at one time located at Lamont, but now at Oelwein.


James Dalton, of Jesup, who has retired from practice and is now in the banking business.


At present the following are in active practice : R. L. Bordner, Jesup; J. E. Cook, R. A. Cook, H. C. Chappell, A. N. Todd, E. E. lasner, R. A. Hasner, M. W. Harmon, R. J. O'Brien, M. A. Smith. and E. M. Thompson, of Inde- pendence.


In October, 1909, a fine new safe was installed in the county treasurer's office. The treasurer's office had for some time been in need of such new equip- ment. The old safe which has been supplanted by the new one was in rather sad shape, which showed the marks of age and damage. The doors sagged and inch of the paeking was out and a new safe was certainly a much-needed equipment.


The old safe has its part in history. It was the one which was blown open in 1864 and relieved of $26,000 of Buchanan County's taxes, and although it was more or less damaged in that exciting affair. it had been on duty ever since, after being repaired from the effects of a thief's operations. The old safe showed where the drilling had been done and the holes so made had evi- dently been filled, and in other ways showed the effects of time and bad usage.


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Possibly the supervisors resolved to make the old safe pay for their misplaced confidence in it.


During the year 1898 several companies for the cultivation and produc- tion of coffee, rubber and tropical fruits on the Isthmus of Tehuantepec, Mexico, were organized.


Among these was the Suchil Coffee and Rubber Company, with a capital of $50,000. Charles E. Ransier was president; D. S. Jones, vice president; H. C. Chappell, secretary and W. W. Donnan, treasurer.


Another was the Tres Rios Plantation Company, of which H. W. Bennett was president and general manager; Charles E. Ransier, secretary and W. W. Donnan, treasurer. This company was capitalized at $75,000.


In addition to these, large investments were made in the Dos Rios Planta- tion Company and other concerns engaged in the same business.


All of the enterprises finally went to the wall in 1905 and the stockholders lost all they put in. The proposition of engaging in agricultural pursuits so far from home proved a failure, owing largely to bad and extravagant manage- ment at the plantations which were too far away to secure the close personal attention of the directors and officers which was necessary to make the venture successful.


Some of the legal cases that have come before the courts in this county, or have been taken from it to others, by change of venue, are sufficiently interesting to demand some space and attention, but are so numerous that only a few of these can be touched upon and those only briefly.


The Covey murder case furnishes a remarkable instance of the failure of justice. The law requires that before a man can be tried for murder, it must be proven absolutely that the person supposed to be murdered is dead, and in this case, convincing as were the circumstances pointing to the murder of Covey, not being able to produce the body there was still a doubt as to his death. That murder had been committed no one doubted. Who the murdered man was and who the murderer everyone knew. The murder not being proven according to the technical requirements of the law, the murderer escaped unpunished.


Among the early settlers in and about Buffalo Grove, or Upper Buffalo, as it was called, was a family by the name of Jewell. Several of the sons were married and had taken up land in that vicinity ; one of them named Rock Jewell had taken a small traet of land on the west side of the grove in what is now Byron Township. In the spring of 1855 J. N. Covey came from Vermont and made some kind of a trade with Rock Jewell for his land. Covey had a large house built there the same year and moved into it in the spring of 1856. Jewell and his family still lived in a small shanty on the place. Some time in May of the same year Covey foreclosed a chattel mortgage that he had on a span of horses owned by Jewell and bid them in himself. Jewell considered himself wronged by Covey in these transactions and was harboring a grudge against him, though no open rupture had taken place between them. Both Covey and the Jewells, Rock and Tom, were rather rough and intemperate characters, but no one suspected them to be capable of such a terrible crime as that of which they now stand convicted in the popular estimation.


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HISTORY OF BUCHANAN COUNTY


On the first Sunday in June, 1856, Covey started with the team above men- tioned to go to Dubuque, avowing his intention of going from there to Vermont and of returning in abont two weeks. As he was about to start, Rock Jewell came ont of his shanty and asked the privilege of riding over to his father's, who lived some two miles distant. The privilege was granted as from one neighbor to another and the two set out, crossed a bridge over Buffalo Creek and disappeared in the timber. This was the last that was seen of J. N. Covey, except by those who are believed to have put him out of sight eventually and forever on that fatal morning.


D. W. Hammond, another settler at the Grove, who had been recently mar- ried and had made arrangements for going to housekeeping, was expecting to meet his wife at Dubuque about the middle of the week and had engaged to meet her there and return with a load of household goods. Covey, ascertaining this, persuaded Hammond to go with him that Sunday morning instead of waiting until Monday or Tuesday, as he had intended to do. Covey was to stop at llammond's boarding place and they were to start from there abont 7 o'clock in the morning. At about 6 o'clock, while Hammond was getting ready to start, Tom Jewell, who also lived on the east side of the Grove, went by on a horse of his brother-in-law's, going sonth, with a spade on his shoulder. Seven o'clock came and Covey did not appear. After Hammond had waited a half hour or more Tom Jewell returned withont the spade, bare headed, riding the same horse at a full gallop. As soon as he came near Hammond he called ont, "Haven't you gone yet ?" Hammond replied, he was waiting for Covey. " Why," said Jewell, "he went nearly an hour ago. He told me to come and tell yon and I forgot it. He had to go by the south road and wants you to go on to the crossing and he will meet you there. If he don't, you drive on to Coffin's Grove and wait for him if he hasn't got there. If he gets there first. he will wait for you." Hammond took the road about a mile north of the one he sup- posed Covey had taken. the two running parallel for some distance then con- verging and finally crossing each other on the ridge about three miles east of the grove. llammond had not gone far when he saw Covey's team on the south road driven very rapidly. lle supposed it was Covey that was driving, but noticed that he sat eronched down in the wagon in an unusual attitude. Think- ing at first that the rapid driving was a challenge to see which should reach the crossing first he put whip to his own team and ran them for some distance, but the other gained upon him so fast that he soon gave it up. Just before reaching the ridge, Covey's team had to cross a slongh which retarded them so that when they reached the crossing Hammond was not more than fifty rods from them. The driver was still crouched down in the wagon as if desirous to avoid recognition and instead of taking the road for Dubuque, he turned directly north and drove over the open prairie as fast as the horses could go. As the wagon receded in the distance, Hammond saw distinetly that a Buffalo screen was spread over the bottom and that some large. loose object beneath it was rolling or bonnding from side to side.




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