History of Buchanan County, Iowa, with illustrations and biographical sketches, Part 17

Author: Williams bros., Cleveland, pub. [from old catalog]; Riddle, A. G. (Albert Gallatin), 1816-1902
Publication date: 1881
Publisher: Cleveland, Williams brothers
Number of Pages: 574

USA > Iowa > Buchanan County > History of Buchanan County, Iowa, with illustrations and biographical sketches > Part 17

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skill and ability. He now holds the positions of Direc- tor and attorney of the First National bank of this city; also director, attorney, and chairman of the executive committee of the Independence Mill company. In his law practice he has been eminently successful, and has secured an abundant competence. His firm, of which he is the senior member, is now engaged in defending about one hundred and twenty of the citizens of this part of the State in the celebrated drive well suits. In personal appearance the Colonel is a solid, well-built man, weighing two hundred and twenty-five pounds; has grey eyes, and coal black hair. By a strict observ- ance of the laws of health he has preserved a re- markably fresh and youthful appearance, for a man of his years. As a lawyer he has but few equals in this part of the State. He has a strong analytical mind and a very retentive memory. Is a close student, not only of law, but of general literature. He is not given to ostentatious show and glitter. Everything is business and matter of fact. His fine judicial mind and com- manding presence, well qualify him for the bench. Jed Lake was married June 2, 1861, to Miss Sarah E. Meyer. He has two children, Rush C., born April 13, 1862, and Hattie I., born February 7, 1870.

Other attorneys in Independence are worthy of special and lengthy notice, but space will not permit.

We have given a more extended history of the three last mentioned, for the reason that they were among the pioneer lawyers of the county, each having practiced here for more than a quarter of a century.

The brief sketches following, of later attorneys, will be as nearly as possible in the order of their residence in Independence.

D. D. HOLDRIDGE was born in Madison county, New York, September 3, 1835. He was educated at the Cazenovia seminary, New York, and then studied law two years with D. W. Cameron, at that place, after tak- ing a full law course at the Law university at Albany. He was married at Cazenovia, New York, March 16, 1858, to Miss Mary L. Loomis. He moved to Inde- pendence, Iowa, in March, 1862, and immediately com- menced the practice of law. He 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 subsistence, but declined to serve. He was three times mayor of the city of Independence, twice by election and once by appointment. He has four children-Fannie L., Mary B., Kate P., and Harry H.

J. B. DONNAN was born in Saratoga county, New York, December 13, 1840; was educated at the Fort Edward institute, New York. He came to Indepen- dence in May, 1862. He was graduated at the law department of the Iowa State university in June, 1868. He had previously formed a partnership with his brother Hon. W. G. Donnan in 1865, and they have continued in partnership ever since. He was married in June, 1868, to Martha J. Ross; has four children-Lillian E., Alexander M., Abbie R., and Mary B.

HISTORY OF BUCHANAN COUNTY, IOWA.

HON. M. W. HARMON was born in Seneca county, Ohio, June 25, 1844. His parents removed to Ingham county, Michigan, in 1849, to Dubuque county, Iowa, in March, 1855, to Hopkinton, Delaware county, lowa, in June, 1856, where they now reside. In the fall of 1859 he entered the Collegiate institute at Hopkinton, where he remained three years. July 28, 1862, he en- listed as a volunteer from Delaware county, Iowa. His company was mustered into United States service August 23, 1862, as company K, Twenty-first Iowa vol- unteer infantry ; was private eight months, corporal two months, and sergeant. He served during the war and

was discharged with his regiment July 26, 1865. He went south in the fall of 1865 and lived a year at Mobile, Alabama. He came to Buchanan in November, 1866. Here he taught school two years, reading law at the same time. Ile was deputy postmaster at Independence under Captain Little, from April 1, 1868, to April 1, 1869. He then entered the law office of Hon. W. G. Donnan and was admitted to the bar in October, 1869. July r, 1870, he formed a partnership with Colonel Jed Lake, with the firm name of Lake & Harmon, which partnership still continues. Mr. Harmon was married in December, 1872, to Miss M. C. Carter of Independ- ence. Iowa, by whom he has one son, Ray. At the gen- eral election in 1875, Mr. Harmon was elected State senator from Buchanan county for four years, and was reelected in 1879. His present term expires January 1, 1884.

J. E. COOK, ESQ., was born in Grafton county, New Hampshire, July 8, 1847. His parents removed to this - county in 1856. Young Cook graduated at the Iowa State University in 1870; studied law with O. Miller, at Watertown, and was admitted to the bar in 1871. He practiced at Jesup until 1877 when he came to Inde- 1 pendence. He formed a partnership with J. S. Wood- ward February 1, 1879. He was married to Bessie P. Johnson, from Decovah, Iowa, September 3, 1874. He has one child-Roy. Mr. Cook and wife are members of the Presbyterian church. He is a member of the | Masonic fraternity.

D. W. BRUCKART, ESQ., was born in Lancaster county, Pennsylvania, April 23, 1851. He was one of a family of eight boys. At the age of twelve he commenced to work in the iron mines. He was afterwards newsboy on the streets of Lancaster. He began teaching when fifteen years of age. In the fall of 1869 he entered Lafayette college, Pennsylvania, remaining there two years. He graduated at the law school of the Iowa State university in June, 1872, and the following fall opened an office at Independence. He was married May 11, 1875 to Miss Sarah Williams, of Independence, and has one child living.

M. R. EASTMAN was born in Hopkinton, New Hamp- shire, in 1839. He was graduated from New Hamp- shire seminary, July 20, 1859. He was admitted to the bar in New Hampshire in April, 1864. He removed to Waterloo, this State, in 1865; practiced law there until 1868, when he removed to Jesup, this county. He prac- ticed in Jesup until the ninth day of May, 1874, when he

came to Independence, and has practiced here ever since.

C. E. RANSIER was born in New Woodstock, Madison county, New York, April 4, 1854. His parents removed to Independence October 9, 1867. He took the full course in the high school of this city; commenced to read law April 4, 1874, on his twentieth birthday, with James Jamison ; was admitted to the bar in May, 1876, and has practiced law in this city ever since, being the successor of James Jamison. He was married March 8, 1881, to Miss Delpha Tryon. He was city solicitor for three years, and is a member of the Masonic fra- ternity.

DANIEL SMYSER was born May 29, 1839, in Wayne county, Ohio. He removed with his parents to this county in 1851. He studied law with James Jamison, and was admitted to the bar September 10, 1877. He was married July 9, 1878, to Miss Arvilla McFadden. They have one son-Walter B.

SETH NEWMAN was born in Herkimer county, New York, December 7, 1836, and was educated at Fairfield academy; studied law two years with Horace Boies, and two years with Lawing & Lockwood at Buffalo, and was admitted to the bar November 15, 1860. He practiced with Boies at Buffalo until 1861, when he was compelled, by disease of the lungs, to relinquish the practice for several years. Having recovered his health, he returned to the practice in Independence in 1876, and was elected justice of the peace the same year, which position he held until January, 1880, when he resigned and entered into partnership with W. H. Holman. He was married March 14, 1866, to Miss Laura F. Hewell, and has but two children, Sarah F. and Lizzie B.

JOHN J. NEY, esq., was born at Sandusky, Ohio, June 8, 1852. He was educated at Notre Dame, Indiana, graduating in 1875. He afterwards pursued a law course at that institution. In 1875 he came to Independence, and entered into partnership with Lake & Harmon. He continued in that firm until the following year, when he formed a partnership with D. W. Bruckart.

In the spring of 1879 he withdrew from that firm, and opened an office alone.

He was city attorney for Independence in the year 1876. In the spring of 1877 he was elected mayor of the city by the Democratic party.

He was married October 3, 1878, to Miss Emily F. Colby, of Chicago. They have one child, Marion F.

CAPTAIN H. W. HOLMAN was born in Erie county, Pennsylvania, August 22, 1841. He was in the army from April, 1861, to August, 1865, enlisted as a private and rose to lieutenant and signal officer. He removed to Allamakee county, Iowa, in 1865. Was admitted to the bar in 1868, and practiced at Wankon for two years, then removed to Waterloo, Iowa, and formed a law part- nership with Lichty, which continued for two years. In 1872 he was appointed reporter of the district court of the nineteenth judicial district, which position he held until April, 1877. He then resigned and commenced the practice of law at Independence. In 1881 he was elected captain of the Independence guards. He was

HISTORY OF BUCHANAN COUNTY, IOWA.

married October 22, 1867, to Miss Harriet Smith, by whom he has three children, Gracie, Leta and May Bell.

J. E. JEWEL was born in Montgomery county, Ohio. October 19, 1847. Came to this county in June, 1854. He enlisted as a private at the age of seventeen years, and served as such to the close of the war, in company C, twenty-seventh Iowa infantry volunteers. He attend- ed Western college in Iowa for two years, and Cornell college for two years. He was graduated from the law department of the Iowa state university in 1877. Com- menced practice in Independence in September, 1877. He was married March 5, 1871, to Miss Hala E. Ros- zell, of Benton county, Iowa, her native place. They have two boys, Fred B. and Jed Lake.

FRANK JENNINGS, esq., was born in Pittsburgh, Penn- sylvania, July 3, 1836; was educated at St. Vincent col- lege, Cape Girard, Missouri. He studied law with H. T. McNulty, at Dubuque, Iowa, and was admitted to the bar in February, 1856. In the year 1859 he was elected city recorder of Dubuque, which position he held two years. He was afterwards deputy clerk of the county for three years. The balance of the time he practiced law in Dubuque county, until 1877, when he removed to In- dependence. Mr. Jennings was married January 22, 1872, to Eliza J. Dow. They have three children living, Charles B., Blanche and Edith.

J. H. Williamson was born February 7, 1855, at New- burgh, Orange county, New York. He graduated at the Lenox collegiate institute, in the same class with his brother, in June, 1878. He was graduated from the same department of the State university, June 21, 1880, and was admitted to practice in all the courts of the State and the federal courts. He commenced practice at Independence in September, 1880, and entered into a partnership with his brother, R. J., in January, 1881.

R. J. WILLIAMSON was born in Newburgh, Orange county, New York, February 3, 1857. He graduated at the Lenox collegiate institute, at Hopkinton, Iowa, in June, 1878. In the fall of that year he was elected clerk of the district court of Buchanan county, Iowa, and served until January 1, 1881. He was admitted to the bar in November, 1880. He formed a law partnership with his brother, J. H., in January, 1881.

O. M. GILLETTE was born March 12, 1850, in Bergen, Gennesee county, New York. He first came to Inde- pendence in 1865 ; was educated in the high school of Ba- tavia, New York. He studied law with Lee and Weart, and was admitted to the bar in 1875. He was first elected justice of the peace in 1876, and held that posi- tion until January 1, 1881. Was elected clerk of the court in 1880. Was married November, 1873, to Miss Emma Dyer, of Independence. Has one child, Mabel.

E. E. HASNER was born February 21, 1848, in Onan- daga county, New York ; graduated at the Iowa state university; was admitted to the bar in 1873; was city attorney one term. He was married December 25, 1876, to Miss Nettie E. Bain.

FRANCIS W. COMFORT was born in Cook county, Illi- nois, 1853. He was educated at Wheaton college, and was admitted to the bar in 1880. He was married on

the third of June, 1878, to Miss Ella G. Aborn, of Inde- pendence.

F. W. GIFFORD was born March 8, 1854, in Manches- ter, Vermont. Came to this county in 1858. He grad- uated at Madison university, Wisconsin, in 1875. Studied law with Lake & Harmon, and with O. M. Gillette. Was admitted to the bar in November, 1877 ; was elected justice of the peace in the fall of 1880.

E. S. GAYLORD .- This gentleman was admitted to the bar three or four years ago, since which time he has been practicing in Winthrop. A remarkable fact in his history is the age at which he commenced his legal studies. After having been a farmer till he was over fifty years old, he became convinced that he was born to be a law- yer. He therefore gave up his farm, studied law, was admitted, and is said to be having an excellent practice.

STEPHEN PAUL SHEFFIELD .- This gentleman, who has an office at Hazleton, was born at Palmyra, Wayne coun- ty, New York, February 27, 1833; received his early ed- ucation at Walworth academy ; studied law with the Hon. Stephen K. Williams, and was admitted to the bar of the supreme court of New York in June, 1855. He came to Iowa the same year, but remained at that time only a year and a half. He has been a great rover, and has followed many avocations, among which, besides that of the law, are those of civil engineer, newspaper corre- spondent and novelist. He is a very graceful writer. He returned to Iowa in 1873, and in 1880 he settled in Hazle- ton with his family, consisting of his wife and two daugh- ters. Having fairly settled down to business he expects to make Hazleton his permanent home.

CHAPTER XI. INTERESTING CASES.

SOME of the legal cases that have come before the courts in this county, or been taken from it to others by change of venue, are sufficiently interesting to be included among the "causes celebres" of the French bar. We will give a brief account of a few of the most striking of these, commencing with the

COVEY MURDER CASE,

which furnishes a remarkable instance of the failure of justice, through the mere technical inability to prove what the lawyers call the corpus delicti, or substance of the crime. That a murder had been committed nobody doubted. Who the murdered man was, and who the murderer everybody knew. The corpus of the latter was lying in jail-that of the former, nobody knew where; and so, the corpus delicti not being proven according to the technical requirements of the law, the murderer escaped unpunished.

A murdered human body has usually been regarded as a very difficult thing to conceal, and a very casy thing to find; but a few cases like the following would go far

HISTORY OF BUCHANAN COUNTY, IOWA.

to establish the contrary notion, viz., that, of all things, a murdered body is the easiest to conceal and the most difficult to find.

The principal part of the following statement has been kindly furnished by our friend Jed. Lake, esq., one of Buchanan's best known lawyers; but we have added some interesting facts derived from other sources- especially from the verbal narrative of another friend, Mr. D. W. Hammond, one of the pioneer settlers of the county, and for many years in the employment of the United States Government, as head clerk in the railroad postal service.

Among the early settlers in and about Buffalo Grove, or Upper Buffalo, as it was called, was a somewhat numerous family by the name of Jewell. There were the father and mother, who were then very old people, and several sons who were married and had families, and who had taken up land in that vicinity. One of these sons was J. R. Jewell, who was then commonly known as Rock Jewell, and who had taken a fine tract of land on the west side of the grove, in what is now Byron township.

In the spring of 1855 one J. N. Covey came here from Vermont and made some kind of a trade with Rock Jewell for this 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 fore- closed a chattel mortgage that he had on a span of horses owned by Jewell, and bid them in himself.

It may throw some light upon the subsequent portions of this history if we state, in passing, that Jewell con- sidered himself wronged by Covey in these transactions, and was harboring a sort of grudge against him, though no open rupture had taken place between them. It may also be proper to say that Covey and the Jewells ("Rock" and "Tom," who figure in the story) were rather rough and intemperate characters; but no one suspected them to be capable of such a terrible crime as that of which the two latter now stand convicted in the popular esti- mation.

On the first Sunday in June, 1856, Covey started with the team above mentioned to go to Dubuque, avowing his intention (as was alleged) of going from there to Ver- mont, and of returning in about two weeks. As he was about to start Rock Jewell came out. of his shanty and asked the privilege of riding over to his father's, who lived some two miles distant, in a northeasterly direction, on the other side of the grove. The privilege was granted, as from one neighbor to another, and the two set out, crossed a bridge over Buffalo creek, and disap- peared in the timber.

This was the last that was ever seen of J. N. Covey, except by those who are believed to have put him out of sight, effectually and forever, on that fatal morning.

At the time of which we are writing D. W. Ham- mond, another settler at the grove, was boarding at the house of a widow by the name of Watson, who lived on the opposite side of the grove from Covey's, and about a mile farther north. Mr. Hammond, who had been

recently married, and had made arrangements for going to housekeeping, was expecting his wife at Duhuque about the middle of the week following the events above narrated, 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 till Monday or Tuesday, as he had intended to do. Hammond, although he dis- liked to make the trip on Sunday, yet, for the sake of having company, consented to the arrangement. Covey was to come up to Mrs. Watson's and they were to start together from there about 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, some distance north of Mrs. Watson's, came by on the horse of his brother-in-law, Starkey, going south, with a spade on his shoulder. A few words were exchanged, Hammond mentioning that he was going to Dubuque with Covey, and Jewell passed on.

Seven o'clock came and Covey did not appear. After Hammond had waited a half hour or more, Tom Jewell returned without the spade, bare-headed, riding the same horse at a full gallop. As soon as he came near Ham- mond he called out : Havn't you gone yet?" Ham- mond replied that he was waiting for Covey. "Why," said Jewell, "he went nearly an hour ago. He told me to come and tell you, and I forgot it He had to go by the south road, and wants you to go on to the crossing. Perhaps he'll meet you there. If he don't, you keep on to Coffin's grove, and wait for him if he hasn't got there. If he gets there first he'll wait for you." Having said this, Jewell went back, and Hammond started on as di- rected.

The road he took was about a mile north of the one he supposed Covey had taken-the two running parallel for some distance, then converging, and finally crossing each other on a ridge about three miles east of the grove.

Hammond had not gone far when he saw Covey's team on the south road, driven very rapidly. He recognized them distinctly, notwithstanding the dis- tance, by the flowing silver tail of the sorrel horse on the near side. He supposed it was Covey that was driving, but noticed that he sat crouched down in the wagon in an unusual attitude. Thinking 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 run them for some distance. But the other gained upon him so fast that he soon gave it up, rather than run the risk of injuring his horses.

Just before reaching the ridge Covey's team had to cross a slough, which retarded them so much 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 toward Dubuque, as Hammond expected him to do, he turned directly north and drove off over the open prairies as fast as the horses could go. And as the wagon receded in the distance Hammond saw distinctly that a buffalo skin was spread

HISTORY OF BUCHANAN COUNTY, IOWA.

over the bottom, and that some large, loose object be- neath it was rolling or bounding from side to side. Much puzzled, and not a little vexed by what he had seen, but still supposing that the driver was Covey, and that he had hastened off across the prairie to see an acquaintance living somewhere in that direction, and that he had driven so fast simply to gain time and not retard their journey too much, Mr. Hammond went on to Coffin's grove, and there waited several hours for Covey to come. But, having waited in vain, he at last gave him up, and started on to Dubuque alone.

He was there till the latter part of the week, his wife not arriving till Thursday, and every day he looked and enquired for Covey; but no Covey came. The latter had said nothing to Hammond about going to Vermont ; but the understanding between the two was that they should return together-each expecting to have a pretty heavy load-that they might assist each other in case of neces- sity. Mr. Hammond and his wife, however, returning alone, reached the grove in safety.

Two weeks rolled around, and still Covey did not return, nor were any tidings heard of him. Rock Jewell was absent-no one knew where-and suspicion of foul play began to be aroused, and search began to be made.

About the first of July, 1856, Charles H. Jakway, then and now residing in Buffalo Grove, happening to be in Dubuque on business, came across Rock Jewell, sitting behind a pile of wood on the levee, with his hat drawn over his face, as if not wishing to be recognized. Mr. Jakway went up to him, and addressing him called him by name. He looked up at Jakway and said, with an oath: "I don't know you." Then another person came up and inquired of Mr. Jakway if he knew that man? whereupon Jakway received a warning from Jew- ell, in an undertone, to say he did not. But when he openly avowed his knowledge of him, Jewell, in a great rage, and with many oaths, protested that he had never seen Jakway before. No time was lost in sending back word that Jewell was in Dubuque, and in having him ar- rested by the officers on the charge of murder.

It was afterward found that Jewell had sold the team, wagon and harness, with which Covey had started from home, at Potosi, Wisconsin; that he had tried to sell two watches which Covey had with him when he left ; and also that he had on many of Covey's clothes when seen in Dubuque. It was to get these watches priced by a jeweler that he had come to that city, under an assumed name, along with the man who was going to purchase them.

The whole neighborhood about the grove was aroused when it was learned that Mr. Jewell had been arrested with Mr. Covey's clothing on, and that he had the other property in his possession. Letters were written and telegrams sent to Covey's relatives in Vermont, and ans- wer returned that he had not been there. After a while, a large searching party turned out, and went up and down through the timber and out on the prairie, and examined every place where it was thought a body could be con- cealed, but no trace of it was found. In a short time, a smaller party of men, consisting of E. B. Older, R. J.

Thornton, Jed. Lake, W. S. Church, and some others, started and followed the route which they supposed Jewell took after leaving the grove, as far as Elkader, searching through the bluffs and woods about Volga City and in that region, spending several days in the search, and going into caves and all sorts of out-of-the- way places, and making inquiries of the settlers wherever they went. All their searching, however, was in vain.

The feelings of Mrs. Covey, while all these events were transpiring, can better be imagined than described. When she saw Mr. Jewell going off with her husband, she thought (as she afterwards declared) that something was wrong. She had a presentiment that there would be a murder. There were then boarding at her house William S. Church, H. A. Robertson, and Jed. Lake, who owned a saw mill situated near by. These men, after breakfast, and before Mr. Covey had started away, had gone to the mill. When she saw Mr. Jewell in the wagon with her husband, and this presentiment came over her, she started for the saw-mill, with the intention of in- ducing them to follow the team and see what was done. When she got to the mill, the men were all gone and off on the prairie, some half a mile away. So she went back to the house and remained there, with this terrible feeling hanging over her. When, therefore, Mr. Jewell did not return to his family, and her husband failed to come back at the time he was expected, she persisted in saying that Jewell had followed her husband and killed him. But it was not until after Mr. Jewell was found in Du. buque that people generally believed that Mr. Covey had actually been murdered, so slow are people ordina- 'rily to believe others criminal.

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History of Buchanan County, Iowa, with illustrations and biographical sketches, Part 17

Author: Williams bros., Cleveland, pub. [from old catalog]; Riddle, A. G. (Albert Gallatin), 1816-1902 Publication date: 1881 Publisher: Cleveland, Williams brothers Number of Pages: 574

Author: Williams bros., Cleveland, pub. [from old catalog]; Riddle, A. G. (Albert Gallatin), 1816-1902
Publication date: 1881
Publisher: Cleveland, Williams brothers
Number of Pages: 574