History of Butler and Bremer counties, Iowa, Part 41

Author: Union publishing company, Springfield, Ill
Publication date: 1883
Publisher: Springfield, Ill., Union publishing company
Number of Pages: 1316

USA > Iowa > Butler County > History of Butler and Bremer counties, Iowa > Part 41
USA > Iowa > Bremer County > History of Butler and Bremer counties, Iowa > Part 41

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).

In the first issue, the Tribune rather trampled upon the old and established eustom of newspaper men, in not taking up a half eohmn of space setting forth the principles, convictions and policy to be pursued. But the entire "Salutatory" is condensed into three comprehensive lines, which mean everything, as follows: " The Allison, Butler County TRIBUNE! Pledged to the right in all things, according to our best understanding.

Very respectfully

DODGE BROTHERS."

In another artiele, the editors, under the head of "THE TRIBUNE," say:

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HISTORY OF BUTLER COUNTY.

Public servants and educators are subject not only to praisc and favorable comment, but also to severe and unsparing criticisms. To step be- fore the public as such, is to acknowledge and accept the situation with all its realities and consequences. This is the first number of the TRIBUNE, and it is certainly a strong and healthy looking infant newspaper. A demand has been made for it from the shaping and turning of events, and in its cstablishment has been duly considered the perils to which young newspapers are subject; but, here it is, reader, a living reality, the product of heavy expense and hard labor. It is now yours, to assist and to be assisted as a helper in the growing interests of Butler county. The same effort which has brought it forth, will be continued to make it a strong and prosperous exponent of county interests. We wish it to be emphatically a county newspaper, which will reach the firesides of the people, laden with · reliable news, advocating honorable and eleva- ting principles. Editorially, we will make no pledges further than that contained in our salu- tatory, except to say that all shall have fair treatment through our columns. If wrong is condemned, it shall be because of the wrong, and not of the individual who may commit the wrong. Locally, we want the TRIBUNE to be bright and newsy. We want newsy correspond- ence from all parts of the county, and well writ- ten, studied articles, communicated upon impor- tant current topics .. The educational, moral, political, agricultural and scientific themes of the day, we hope to have fairly and explicitly discussed for the bencfit of the TRIBUNE read- ers, but first of all, may it be a Butler County Newspaper.

And again, as to the political policy to be pursued by the paper, the editor tersely says:

In establishing the Tribune, we cannot but choose for its foundation those principles of public policy that stand out boldly as having already achicved enduring victories for the right, and which promise most strongly to ad-

vance the circumstances of the people of the age in which we live. In the party struggles through which our nation has passed during the last quarter of a century, reaching every grade of dispute, from the organized campaign of discus- sion, to the terrible climax of war, wc truly believe that the right has triumphed, and on the basic principles through which that triumph has been won, we establish the Allison Tribune. We establish it on the principles of our country's present administration, making no compromise with the dictatory factions that would disturb and sacrifice its peace. We do not believe in stereotyping opinions, either poli- tically, religiously, morally or scientifically, but would rather have them advance and grow in spirit and in truth. With this we give you the Tribune's party principles.

The above was written at the time of the conflict and rupture between two fac- tions of the republican party, over the nomination of Mr. Robertson as collector of the port of New York; Roscoe Conkling leading the Stalwart faction, and the President's administration backed by the Half-breeds. This is what was meant in the reference to "dictatorial factions," the paper siding with the adminstration.

The first issue of the Tribune contained a lengthy review, historical, of the county, and of Allison. In the second issue. appears this item:

The first copy of the Tribune was printed at 4 o'clock, June 14, 1881. The office being full of citizens who were eager to get and possess it, it was put up at auction, J. W. Spencer auc- tioneer, and knocked down to the Hon. J. W. Ray, at $3.00. The next hour was spent in giving those present a pull at the lever, each one present printing a paper for him- self. * * *

* Two pails full of ice cold lemonade were drank to the Tribune's health, and three rousing cheers given for its long life and prosperity.

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HISTORY OF BUTLER COUNTY.

The subscription price of the Tribune was first fixed at $2.00; but this has since been reduced to $1.50. The publication day was Thursday, and still is. The paper is neatly printed, well edited, and teeming with local news. Mr. Dodge is a well educated and extensively read man, a deep thinker and is an easy and fluent writer. He has made a paper which is a credit to the county. In this connection it will be well to present a short biographical sketch of the editor in charge.

Frank L. Dodge was born September 10, 1846, in the town of Dunham, McHenry county, Illinois, the sixth of a family of ten children. He was brought up a farmer, educated in common schools, in addition to which he had two terms at a select school, and one term each at the high schools of Harvard and Woodstock, of his native county. He was married, at the age of twenty-two, to Anna A. Hills, of Marengo, Illinois. He taught school winters, and worked on a farm summers, until twenty-five years of age, when he moved to Parkersburgh, Butler county, Iowa. He sawed wood to support his family through the winter of 1871-'72, and in the spring following engaged in car- penter work with his brother, C. B. Dodge, who was among the first settlers of Park-

ersburgh. In the winter of 1872 he engaged in teaching the first school in the new school house of Parkersburgh, which he taught for five terms, vacating one inter- vening term in the spring of 1874, during which he worked at bridge building with William Ferguson, who had the contract of bridging the Beaver river at Parkers- burgh. In the fall of 1874 he resigned the principalship of the Parkersburgh schools to enter upon the editorial duties of the Parkersburgh Eclipse, which work employed his attention until the spring of 1881, when Fred A. Dodge, who became a part- ner in September, 1880, took editorial con- trol of that paper, and he removed to the new county seat, Allison, to take the initi- atory steps of founding the Allison Tribune, which he issued for the first time June 16, 1881. The way he came to get into the newspaper business, all started in a joke, while waiting to see a friend off on the midnight train. Auyer and Edwards, the owners of the Eclipse, were also waiting to go to Webster City, on the same train, to found a new paper. In conversation with them about getting a buyer for the Eclipse Dodge jokingly remarked that may be he had better buy it, and from this insincere remark the' newspaper fever caught him, and resulted in a purchase in less than two weeks.

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HISTORY OF BUTLER COUNTY.

CHAPTER X. ·

JUDICIAL.

When Butler county was first brought under judicial organization, several years after it had been permanently organized as a county, it was made a part of the Thirteenth Judicial District. This district was created in March, 1857, and was com- posed of the counties of Butler, Franklin, Grundy, Hamilton, Hardin, Marshall, Story and Wright, to which Webster county was added on the 24th of February, 1858. James D. Thompson, of Hardin county, was the judge elected on the 6th of April, 1857, and commissioned on the 1st of July. Prior to this, there had been no court held in the county, more than what was called the county court, which was virtually the board of supervisors. The district at that time had the same jurisdiction it now has, and was made up of about the same officials.

The first term of district court in Butler county was held in October, 1857, at the Grout school house, in Clarksville. It convened on Monday, the 5th, with the following present: Hon. James D. Thomp- son, judge; James E. Walker, clerk, and Walker H. Bishop, sheriff.

The following gentlemen were impan- eled and sworn as the grand jury: John T. Newhard, foreman; J. M. Vincent, bailiff; William Hoisington, John Braden, James Wood, L. D. Owen, G. T. Root, John Palmer, James Bywater, James Mc-

Kinney, John Boggs, L. A. Orvis, Judd Bradley, Peter Riley, M. B. Wamsley and A. J. Lewellen. This grand jury first got together soon afterward on the little knoll now occupied by the residence of S. M. Townsend, and organized in the open air, after which they were furnished a room.

The first petit jury consisted of the fol- lowing gentlemen: A. Van Dorn, fore- man; G. W. Stoner, bailiff; Felix Landis, Christian Forney, John M. Hart, Charles Ensign, Aaron Hardman, George Harlan, Samuel McCrery, John Lash, James Blake, J. H. Smith, William Burress, Charles Lusted, A. Glenn and Jacob Shaffer. It seems that enough men could not be ob- tained for this jury, so the grand jury were ordered to be in attendance for this term of court. Then the clerk makes the entry: "Amongst other, the following business was transacted," and on motion of M. M. Trumbull, James R. Fletcher and C. A. Bannon were admitted to practice as attor- neys before the court.

The first case to come up was that of the State vs. William Casterline, in which the latter had been accused of threatening to kill some one. He had been tried by the county court and bound over, but be- fore anything was done in regard to it by the district court the charges were with- drawn and the case was dismissed. Dur- ing this term W. R. Jamison, John Pal-

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HISTORY OF BUTLER COUNTY.

mer, Orson Rice and George A. Richmond were admitted to the bar as full-fledged lawyers. Considerable other business was transacted at this session, but nothing of particular interest transpired.

Honorable James D. Thompson, the first judge over the district embracing Butler county, was a native of Ohio, and filled the position of judge for one year. He was a man of fair education and a good understanding of the law, always rendering decisions as he thought was just and in accordance with the statutes. He was liked by all and respected by the members of his profession who practiced before him. He was a young man at the time.

The next judge elected was in 1858, Hon. Elias H. Williams was placed on the bench over this district, and held his first term in July, 1859. The district attorney was Milo McGlathery; clerk, James W. Davis; sheriff, W. H. Bishop. Mr. Wil- liams was considered one of the best judges who have ever presided over the district; stern and decisive; a man of few words; yet versed in law and always trying to do justice to all whose cases came before him. He presided for the full term, from 1858 to 1862, and was then re-elected for an- other term, and held until 1866.

In the meantime the district was divided and Butler county was made a part of the Twelfth District, and the Honorable Wil- liam B. Fairfield was elected judge. He held his first term in June, 1865. He was a native of New York, a man of command- ing appearance, with a noble, open coun- tenance, and was a great deal more genial and unreserved than judges usually are. He had a thorough education, was well

read, and had a complete understanding of his profession, although he was, at the same time, a man who liked to take mat- ters easy. He resigned his position of judge in 1870, after holding the June term, and went into the banking® business at Charles City. He is now dead.

When Mr. Fairfield resigned, in 1870, Hon. George M. Ruddick, who had been serving as circuit judge, was, upon peti- tion, appointed district judge, and held his first term in October, 1871. In 1872 he was elected, and held until 1876, when he was re-elected, and again in 1880, still be- ing the incumbent.

In May, 1878, a peculiar and aggrava- ting case came before this judge, in which the State was prosecuting Joseph and Wil- liam J. Good. It had been postponed and deferred until it had cost the county a great deal, and exhausted the patience of the lawyers and judge. Finally the de- fendants managed to get away-escape- and left the. county. When the case came up, Judge Ruddick dismissed it with the following order, which appears on record:

Satisfactory evidence appearing that the de- fendants have left the country, it is ordered, on motion of district attorney, that this case be dis- missed, for fear they may be brought back, or may voluntarily return.

Another rather laughable entry appears on the same page of record, to the effect that-

Hereafter there shall be drawn and " surren- dered " twenty jurors, at such and such a term of court.

As a matter of joke, we will state that Mr. William Burdick was clerk at that time.

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HISTORY OF BUTLER COUNTY.

There are many rich anecdotes told of the courts and judges in early days, but nearly all of them, when traced to their origin, are either mere fabrications or hap- pened in another district. But we will give some of the most plausible ones, hop- ing they will call to mind to those who were familiar with legal matters in early days'the pleasant times had when Butler Center was the seat of justice.

When the county seat was removed from Clarksville to Butler Center it of course necessitated a change on the part of the county officers. The clerk of court, however, did not move at once, and it was a fact that for several weeks every morn- ing he walked from his home in Clarks-' ville to Butler Center, a distance of about fourteen miles, and returned in the even- ing. This was kept up until the itinerant had traveled about eight hundred miles on foot, when he purchased an old horse, which he rode for a time, then purchased a fine pioneer "barouche," in which he made his trips in style. The following spring he moved to Butler Center. This it is said, was the affable "Jimmy" Davis,

In this connection we are reminded of another little incident with which Mr. Davis figured prominently. Everyone will at once remember that genial, pleasant, jolly and happy German, Frantz, now de- ceased. Well, Frantz kept a boarding house and hotel, and was therefore on inti- mate terms with all the county officers and court attenders. He at one time purchased an old, broken-down specimen of dilapi- dated horse-flesh that would alone grace a bone-yard. The horse had been given up as a lost cause and a forlorn hope by the former owner, and therefore Frantz got it

cheap. The horse, in 'addition to other condemned qualities, had a very bad cold, and as a natural consequence his nose was always in a moistened condition, or in other words was running. On one oc- casion, shortly after the purchase was made and the ownership of the animal was heralded around among the inhabitants, several of the county officials were stand- ing near the court house, among whom chanced to be Mr. Davis, Mr. Lathrop and others, discussing various matters. Finally Frantz came up from the rear and stood within hearing distance. Mr. Davis at once, pretending not to see him, gave the wink to the others and turned the conver- sation upon the. horse, all the others pre- tending to be unaware of the presence of the owner of the animal in question Mr. Davis, in the course of his remarks, said: "I tell you, gentlemen, it is absolutely dangerous. The horse has the glanders fearfully, and if allowed to remain in town all the horses in the country are bound to catch it. Now, I propose that we hire a man to silently go to the barn, take that horse and lead him out on the prairie, where he can be riddled with bullets and buckshot before morning. Then we can raise a little purse-" But Frantz waited to hear no more. He lit out for his sta- ble, where he led out the plug and hired a boy to take him nine miles in the country to keep him out of the clutches, as he said, "that - Jimmy Davis." Of course the matter of glanders and the threat to kill the horse was all a joke, but Frantz took it in earnest, and it was several weeks be- fore he would be convinced and allow the old horse to be brought back. This anec- dote is still told with a great deal of gusto -

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HISTORY OF BUTLER COUNTY.

by those who were in the vicinity of But- ler Center at the time.

One thing of this nature leads to another, and we will digress from our subject head- ing, and relate another which occurred in early times. When the county seat was still at Butler Center, the county supervi- sors ordered that vaults be built for the safety of public papers. This was accord- ingly commenced, and among the men at work was an elderly gentleman named Pelton, disrespectfully called "Old Cod- ger," for short. Court time was coming on, and the German "Frantz," who kept the hotel mentioned in the paragraph above, was preparing to feed the jurors and law- yers. He had fatted up a nice heifer, which he intended to kill. A few weeks before court convened this heifer was missing-some one had stolen it. Frantz searched everywhere, high and low, and stirred up the whole neighborhood in the search. But no heifer could be found, and finally Frantz made up his mind that some of the boys at work on the court house vault were playing a prank upon him. Onc Saturday he went up to where Old Pelton was at work, and said he had made up his mind to offer a reward to the one that would find his lost bovine, with the remark that if Pelton "found dot creature, he could have half of dot beef." Of course the heifer was found, as Pelton, for a week or more, had known where it was, and it was therefore returned to Frantz on Sun- day. The matter ran on for several days - and nothing was said about the pay. Finally Pelton said to the German "Frantz," what are we going to do about the beef, where's my half." "Vy, vat you mean by dot?" "What do I mean? Why you

promised me half of that beef for finding it; now when are you going to kill it?" "Oh!" says Frantz, "don'd vas going to kill dot heifer, she is in good fatness, und I guess I will keep her for a milk cow." This was too much for the temper of Pel- ton, and quivering with anger he stepped close to Frantz, and shaking a horny fist under his nose, yelled in his ear, "You can do what you please with your half, but . by the jumping Jehovah, I'm goin' to kill my half for court!" Friends came up, and the pair finally compromised, by Frantz giving Pelton $3.00 and one week's board.

One time, in years gone by, Frantz got. to selling liquor, and as it was against the law, he was obliged to keep the matter very quiet. A number of the most promi- nent of Butler Center's"floating population" became addicted to the use of the beverage, and were having what they called a "hic- high old time." Finally, it was carried too far, and a constable, living not far away, had a search warrant issued against the old man's hotel. This was duly exe- cuted, and the spoils-which consisted of several fine glass decanters, and two or three gallons of whisky-were taken to the county clerk, who was at that time, James W. Davis. This official took charge of the stuff, and held it for several weeks, expecting the old man to come and claim it, and thus lay himself liable to legal pun- ishment. At this time the law provided that in case such matter, so obtained, remained unclaimed for a certain length of time, an order should be issued for the destruction of the bottles and spilling the whisky. After the time described had expired, Mr. Walker issued the order and delivered the property to the proper official, who

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HISTORY OF BUTLER COUNTY.

took them to the corner of the court yard, - and over a large stone he whacked the elegant glass bottles, until the smell of whisky made him dizzy. Just at this time Frantz confronted Mr. Davis with the question, "Vere vas dot bottles und dose visky?" Mr. Walker explained the matter to him, and it is said the old man grew black in the face with anger. He abused Mr D soundly, and then left, muttering "I don'd care so much for dot visky as dose bottles-the bottles cost much; but all dot visky only cost about 25 cents." -

CRIMINAL CONVICTIONS.

The record of Butler county in this line is about as small as of any county in Iowa. During the year 1880 there were only ten criminal convictions, divided into the var- ious classes as follows: Two for assault and battery; one for assault with intent to commit murder; three for larceny; two for libel; nuisance, one; and one for threats to extort money. The total amount of fines imposed by the district court during the year was $622. The total amount of fines collected and paid into the county treasury during the year was $110. The total expenses of the county, on account of criminal prosecutions, including the amount paid the district attorney, dur -. ing the year 1880 was $7,070.00. This is considerably lessened in 1881, as the total expense of the county for criminal prosecutions was only $3,098.10; amount of fines imposed by the district court, $110; amount collected and paid into the treasury during the year, $243.10. There were nine convictions.

COUNTY, PROBATE AND CIRCUIT COURTS.

When Butler connty was first organized the statutes of Iowa provided for the trans- action of all legal matters through what was termed the county court or county judge. The court consisted of the judge, a prosecuting attorney, a clerk and the sheriff. The judge had absolute control and jurisdiction in all matters. He had all the powers now vested in the board of county supervisors; had jurisdiction in all matters of probate; issued marriage license and attended to all financial matters, except that he had nothing whatever to do with the school fund, which at that time was under the supervision of a school fund commissioner, but has since been placed in the hands of the supervisors.

. The first county judge who qualified was John Palmer, who was elected at the organization of the county, in 1854. He held the first term of court and transacted the first official business of Butler county. He was a native of Ohio, and had at that time what was considered an education above the average, and a mill-wright by trade; a man, while firm when once con- vinced, was not over-decisive, nor in any sense aggressive, and was, in the capacity of judge, liked very well by all. He served for one term, and is now in the west en- gaged at his profession of law.

In 1855 Aaron VanDorn was elected and took the bench, for one term. He was a lawyer of considerable ability, and had a placid and pleasant tenure of office. He is now dead.

The next election for this office was held in 1857, and was very close, consid- erable feeling being manifested in regard to it. The candidates were Alonzo Con-

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HISTORY OF BUTLER COUNTY.

verse and George W. Poisal, and the former was elected by a majority of eight. The law provides that in case the judge does not qualify within twenty days after election, the office is vacant. It seems that Mr. Converse did not make his appearance within twenty days, the last day coming on Sunday, and he arrived on the following Monday; but the former judge refused to allow him to qualify, claiming his time had expired, and forth- with issued a call for another election to fill the vacancy. This resulted in the election of D. W. Miller, who at once qualified. Mr. Converse at once com- menced a contest, which resulted in his election being sustained, and Miller with- drew. Judge Converse served his first term, was re-elected, and served until 1861. He was an impulsive, quick spirited, aud energetic man, and iu many respects a man much liked as a judge. He was act- ing in that capacity at the time of the great county seat struggle, in which it was re- moved from Clarksville to Butler Center, and, of course, many enemies resulted from it, as the matter affected many in a per- sonal pecuniary way, and such things often blind the eyes of men in regard to true capability and integrity. The judge is now in Dakota engaged in opening a farm.

In the fall of 1861, C. A. Bannon was elected judge, and served for two years, quite satisfactory, as he had been prosecu- ing attorney for some years, and was well acquainted with the modus operandi of the office.

During this year the new system of a board of county supervisors was inaugura- ted, and took most of the business out of the jurisdiction of the county judge, leav-

ing with that functionary entire control of the issuance of marriage licenses and juris- diction in all probate matters.

J. R. Fletcher was the next county judge, elected in the fall of 1863, for the term of two years, 1864 and 1865. Judge Fletcher, as a judge, was very well liked, as he was a well read lawyer, and had a good educa- tion. He was a man of considerable en- ergy and great integrity. He is now in one of the government departments at Washington, D. C. .

Ancel Durand was judge for one term, and had a quiet, uneventful, official career, as nothing of any importance came up. He now resides at Bristow.

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History of Butler and Bremer counties, Iowa, Part 41

Author: Union publishing company, Springfield, Ill Publication date: 1883 Publisher: Springfield, Ill., Union publishing company Number of Pages: 1316

Author: Union publishing company, Springfield, Ill
Publication date: 1883
Publisher: Springfield, Ill., Union publishing company
Number of Pages: 1316