History of Butler and Bremer counties, Iowa, Part 95

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 95
USA > Iowa > Bremer County > History of Butler and Bremer counties, Iowa > Part 95

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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HISTORY OF BREMER COUNTY.

and I went back into the house and went to bed. My wife asked me what was the matter. I said to her that Mr. Rowen had sent his hired man here on an errand; she soon dropped to sleep again.

The next morning found all in my family alive and well, no depredations or massacres committed. The next day my brother, then living in a small cabin on McHenry's place, came to my house to see whether we were all alive, and in the after- noon we went down to Janesville to see what the conclusion was. We found them building trenches, hauling slabs from the saw mill, setting them up endways and filling in the dirt again to hold them there. We went to work with them, until nearly sundown, and then went home; and Henry Moore and wife came home with us, to stay until the scare was over. Three families of us, nine in number, in one cabin, 18x20 feet square, and only one room below and a very low chamber above.

When the Winnebago Indians came down to Janesville, they wanted to stop and have the whites protect them, but the whites said, no, you must go on to Cedar Rapids. Mr. James Moss and family, with an infant child, only two days old, left Janesville with his team to go to Cedar Rapids, his wife caught cold and only lived a short time. Some families below Janesville, and some at Waterloo went down to Cedar Rapids, and some on the road moving into the country, turned around and went back to Independence, and stopped there until the scare was over. While the excitement was up to fever heat, John F. Barrick started out with his team and a load of men, guns and amunition to meet the foe. Captain Eads started out with a squad of men from Cedar Rapids to the seat of war. They went up to Clear Lake, or near there, and finding no enemy to fight, turned the opportunity into a jolification and a social dance at Mr. Hewitt's.

CHAPTER VII.

THE COURTS OF BREMER COUNTY.

Man is an imperfect being, and as such, requires that laws shall be enacted for his government. When the Almighty placed Adam and Eve in the garden of Eden, he gave laws for their observance, with pen- alties attached for their violation. The

| children of Israel, after leaving the Egyp- tian land, were given the "ten command- ments," the principles underlying which have probably been the basis of all laws from that time to the present. The exist- ence of laws necessarily implies the exist-

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HISTORY OF BREMER COUNTY.

ence of courts wherein all questions of law shall be determined. This fact being determined, the framers of the State con- stitution instituted certain courts of justice with well defined powers. Changes have been made in the jurisdiction of these courts from time to time, but the rights of every citizen of high or low degree have ever been maintained.

DISTRICT COURT.

When Bremer county was organized it became a part of the Second Judicial Dis- trict, composed then of the counties of Buchanan, Cedar, Clayton, Clinton, Dela- ware, Dubuque, Fayette, Jackson, Jones, Muscatine, Scott, Allamakee, Winneshiek, Black Hawk, Butler, Grundy and Bremer. Chickasaw and Howard were subsequently added, and various counties were taken from it, so that in 1858, when the district was abolished under the new constitution, it consisted of the counties of Black Hawk, Bremer, Buchanan, Delaware and Dubuque.

The first term of the district court held in Bremer county was in June, 1854, and presided over by Thomas S. Wilson, Judge of the Second Judicial District. There were present besides the judge, Austin Farris, sheriff, and H. A. Miles, clerk of the court. Among the attorneys present, were P. U. Sevan, I. M. Preston, B. W. Poor and Older Lee.

The sheriff returned the following named who composed the first grand jury in the county: T. J. Sewell, J. Queen, James Michael, Jacob Benard, Lafayette Sturde- vant, Ira Earl, John S. Jenkins, George K. Baskins, Culver Tuttle, Chandler Eveland, William Powell, Claudius Albee, Alexis Jackson, James Null and William Baskins.

"The first petit jury was composed of the following named: J. D. Jackson, Wil- liam Edgington, Enos Lewis, George Kerr, William Westerveldt, Samuel Jennings, Washington Thorp, W. P. Harmon, George Cagley, Nathan Payton, G. W. Baskins, Westley Tibbetts, John Pattee, Elijah Kendall and Loren Rima.

The first case upon the docket was a petition for divorce filed by William Bas- kins against his wife, Mary Baskins. It is presumed that William repented of his rash act in asking the court to sever the marriage tie,and therefore by his attorneys, asked leave to withdraw his petition. The request was granted, and the costs of the suit were entered against him, which it is presumed he willingly paid

There were eight civil cases on the docket at this term of court.

The grand jury found one bill of indict- ment against Calvin Tuttle, for selling intoxicating liquors, whereupon the accused was brought before his honor, Judge Wil- son, who required him to give bond in the sum of $200 for his appearance at the next term of the court. Tuttle was a member of the grand jury which indicted him.

Tuttle's case being continued, and there being no further business requiring the aid of a petit jury, it was discharged. Before time for trial the defendant escaped, so the matter was dropped.

On motion of I. M. Preston, Esq., Phineas N. Swan, Esq., an attorney from Vermont, was admitted as an attorney, and Mr. Swan appeared and took the necessary oath. This was the first admission to the bar.

Nothing further appearing court ad- journed.

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HISTORY OF BREMER COUNTY.

On May 1, 1854, William Gough, an Englishman, was granted naturalization papers by Heman A. Miles, clerk of court.

The second term was held in September, 1855, and was presided over by the same officials. One of the first acts was the ad- mission of John B. Wyle to the bar, on motion of B. W. Poor.

James Shaultz was indicted at this term for murder. The case was never tried, the prisoner escaping. An account of this murder is found in connection with the history of the city of Waverly.

The third term of the district court was held at Waverly, in June, 1856. A few naturalization papers were issued, and, for some reason, the attorneys aggreed that all legal matters which had come up for this term should be postponed. This agreement was signed by L. L. Ainsworth, I. M. Preston, Smith, McKinly & Poor, J. T. Lovell, Adams & Lovell, D. S. Lee, A. F. Brown, P. V. Swan, and G. C. Wright. Judge Samuel Murdock, of the Tenth Dis- trict, presided.

At the September term, in 1856, Judge T. S. Wilson was on the bench; J. G. Ellis, sheriff, and Heman A. Miles, clerk. A number of minor suits came up at this term. The record states "as P. V. Swan, the pros- ecuting attorney, is sick, and unable to at- tend, B. F. Perkins is appointed in his stead for this term."

The next term was held in March, 1857, and was presided over by Thomas S. Wil- son, judge of the Second District; J. G. Ellis, sheriff, and Heman A. Miles, clerk.

In 1858, Bremer county became a part of the Tenth Judicial District, which was composed of Alamakee, Bremer, Butler, Clayton, Chickasaw, Fayette, Floyd, How-

ard, Mitchell, and Winneshiek counties. At the October election, of 1858, Elias H. Williams was elected judge; was re-elected in 1862, and served until 1865:

On the 4th of July, 1864, the Twelfth Judicial District was created, and com- prised the counties of Bremer, Butler, Cerro Gordo, Floyd, Hancock, Mitchell, Winnebago, and Worth. The counties composing the district, however, remained connected with their former districts, the Tenth and Eleventh, for the purpose of holding court, until January, 1865. On the 8th of November, 1864, William B. Fair- field, of Floyd county, was elected district judge, and John E. Burke, of Waverly, district attorney. Judge Fairfield was re- elected in 1868, and I. W. Card was elected district attorney. In 1870 Judge Fairfield resigned, and George W. Ruddick, of Waverly, was elected to fill the vacancy. Since that time he has been elected as his own successor at the end of each term, and is the present judge.

Hon. George W. Ruddick was born in Sullivan county, New York, May 13, 1835. Until fourteen years of age he remained at home upon his father's farm, his time being spent alternately at work and in at- tendance upon the district school. On leaving home he went to Chester, Ohio, where he attended a seminary for one year. He then went to Kingsville, Ohio, where he remained two years, then re- moved to Monticello, New York. After remaining in Monticello one year, he entered the law office of A. C. Niven, read- ing law with him two years and a half. In the fall of 1855 he entered the Albany Law School, graduating therefrom in April, 1856. He was then admitted to the

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HISTORY OF BREMER COUNTY.

bar. In July, 1856, he started West, Af- ter stopping a few days at Delphi, Iowa, he came to Waverly, arriving here on the 18th day of August, 1856, and at once en- tering upon the practice of his profession. In 1858 he formed a partnership with Heman A. Miles, which partnership con- tinued about two years, when it was dis- solved and Mr. Ruddick continued - prac- tice alone until 1865, when the firm of Ruddick & Avery was formed. This

partnership continued until Mr. Ruddick was elected Judge of the Circuit Court in November, 1868. Before the expiration of his term, Judge Ruddick was elected Judge of the District Court, a well de- served compliment to his legal ability. He still discharges the duties of the office. Judge Ruddick is a man of fine legal ability, with a thorough understanding of the law, and has made an acceptable Judge. He has frequently been honored by his fellow citizens with offices of honor and trust. He was a member of the Leg- islature in 1860-1. He has also held the offices of County Judge and County Attor- ney. In politics he is a Republican. On the 15th day of December, 1859, Judge Ruddick was united in marriage with Mary E. Strickland, of Andover, Ashta- bula county, Ohio. Five children have been born unto them, two of whom are now living-Julia, book-keeper in the Bank of Waverly ; and Berosus, a stu- dent in the Iowa College.

CIRCUIT COURT.

By an act of the General Assembly, passed and approved April 3, 1868, circuit courts were established in this State, and each judicial district was divided into two

circuits, in each of which, at the general election, in November, 1868, and every four years thereafter, a circuit judge shall be elected. Four terms of court were pro- vided per year in each county in the cir- cuits. By this act the office of county judge was abolished, and all business per- taining to that office was transferred to the circuit court, which was to have concurrent jurisdiction with the district court in all civil actions at law, and exclusive jurisdic- tion of all appeals and writs of error from justices' courts, mayors' courts, and all other inferior tribunals, either in civil or criminal cases.

Bremer county, together with other counties, made a circuit of the Twelfth Judicial District.

George W. Ruddick, of Waverly, was the first circuitjudge, being elected at the Nov- ember election, in 1868. He served from January, 1869, until October, 1870, when, having been elected judge of the district court, he assumed his higher duties.

Robert G. Reiniger was appointed to fill the vacancy occasioned by Judge Ruddick's resignation, and has since been elected his own successor, being the present judge of circuit court.

The first term of circuit court for Bre- mer county was held at Waverly, com- mencing February 5, 1869. George W. Ruddick presided as judge, Charles M. Kingsley was sheriff, and Marquis F. Gil- lett, clerk. The following petit jury was summoned, and all the members appeared, viz: Edward Hubbell, Daniel Chambers, James Sturdevant, Hartwell C. Hamblin, Adin Terry, Warren Kellogg, S. D. Comins, David Clark, William F. Barker, James McCormick, and Cyrus Clark. The first

854 HISTORY OF BREMER COUNTY.

. case tried was entitled, "William Young vs. J. H. Eldridge. Appeal from justice court." The same day the jury found a verdict for the plaintiff, and assessed the damages at one hundred and sixty-eight cents. The defendant thereupon filed a motion for a new trial, which was over- ruled by the court. To this ruling the defendant excepted.

COUNTY COURT.

In 1851, by an act of the General As- sembly, County Courts were established and the office of County Judge was cre- ated. By the same act the office of Pro- bate Judge was abolished as were the offi- ces of County Commissioners; the duties of the Commissioners and Probate Judge devolving upon the County Judge. The county of Bremer, not being organized

until 1853, it had no Probate Judges or County Commissioners. The first County Judge was Jeremiah Farris, one of the early settlers of the county. Upon him devolved the duty of perfecting the or- ganization of the county, dividing it into townships, and such other work as was necessary to perfect a system of County government. Judge Farris' successors were George W. Maxfield, Matthew Rowen, George W. Ruddick, D. F. Avery and Louis Case. During 1861 the offices of County Supervisors were cre- ated, which relieved the County Judge of much of the business which had previously devolved upon him.

In the chapter under the title of Nation- al, State and County Representation, this office is treated in detail, and personal sketches of many of the Judges will be found.

CHAPTER VIII.

THE BAR OF BREMER COUNTY.

There is no subject connected with the | therefore it must follow that a record of history of the county of more general the members of the Bar must form no un- important part in the county's history. Upon a few principles of natural justice is erected the whole superstructure of civil laws, tending - to meet the desires and relieve the wants of all alike. The busi- ness of the lawyer is not to make the laws, interest than a faithful record of its Bar. In reviewing the history of the Bar, it must be borne in mind that as the pros- perity and well being of every community depends upon the wise interpretation as well as the judicious framing of its laws,

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HISTORY OF BREMER COUNTY.

but to apply them to the daily affairs of men. But the interests of men are diversi- fied; and where so many interests and counter interests are to be protected and adjusted, to the lawyer and judge are pre- sented many interesting and complex problems.

Change is everywhere imminent. The laws of yesterday do not meet the wants - and necessities of the people of to-day, for the old relations do not exist. New and satisfactory laws must be established. The discoveries in the arts and sciences, the invention of new contrivances for labor, the enlargement of industrial pursuits, and the increase and development of commerce, are without precedence, and the science of law must keep pace with them all; nay, it must even forecast the event, and so frame its laws as will most adequately subserve the wants and provide for the necessities of the new conditions. Hence, the lawyer is a man of to-day. The exigencies he must meet are those of his own time. As has been often said, his capital is his ability and his individuality. He cannot bequeath to his successors the characteris- tics that distinguish him, and at his going, as a general thing, the very evidences of his work disappear. /

Anthony Thornton, president of the Illinois State Bar Association; in· 1878, in an address before the Association, thus speaks of the lawyer:

"In the American State, the great and good lawyer must always be prominent, for he is one of the forces which move and control society. Public confidence has generally been reposed in the legal profes- sion. It has ever been the defender of pop-

ular rights, the champion of freedom, reg- ulated by law, the firm support of good government. In times of danger it has stood like a rock and breasted the mad passions of the hour, and firmly resisted tumult and faction. No political prefer- ment, no mere place, can add to the power or increase the honor which belong to the pure and educated lawyer. The fame of Mansfield and Marshall and Story, can never die. 'Time's iron feet can print no ruin trace' upon their character. Their learning and luminous exposition of our jurisprudence will always light our path- way. It is our duty to perserve the pres- tige of the profession. The past, at least, secure; the present and future summon us to action. With the progress of society and the increase of population, wealth and trade, varied interests arise, and novel questions requiring more thought confront us. A disregard of the law has been de- veloped, crime meets us unabashed, and corruption stands unmasked in the high places of the land. It is no fancy pic- ture that the law has, to some extent, lost its authority, and it is only the shade of that which was great. Hence new duties are imposed and a firmer courage is re- quired.

The exaltation is a duty enjoined upon us. It is a death that only death can dis- charge. Lord Bacon has said: 'Every man is a debtor to his profession; from the which, as men of force do seek to receive countenance and profit, so ought they of duty, to endeavor themselves, by ways of amends, to be a help and ornament thereto.' Every lawyer is a debtor to his profession. If worthy, it gives him an honorable char- acter and position. The lawyer should prize

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HISTORY OF BREMER COUNTY.

and love his profession. He should value its past renown and cherish the memory of great men, whose gigantic shadows walk by us still. He should love it for the in- trinsic worth and innate truth of the fun- damental truths which adorn it."

The Bar of Bremer county has num- bered among its members some who have, been an honor, not only to the county, but to the profession and State as well. So far as material was accessible sketches are given of each attorney who has practiced before the courts of the county. None are omitted intentionally, and of some, more would gladly have been said if more were known of the parties by those now living in the county. - The peculiarities and personalities which form so pleasing and interesting a part of the lives of the members of the Bar, and which, indeeed, constitute the charm of local history, are in a great measure wanting. Unlike the fair plaintiff in famous Bardell vs. Pick- wick, we have no painstaking “ sergeant to relate the facts and circumstances of the case."

Among those who have practiced before the courts of Bremer county, and who have been resident lawyers, were the fol- lowing: Phineas V. Swan, George W. Ruddick, G. C. Wright, Benjamin F. Per- kins, C. C. Allen, Samuel E. Hoffman, W. W. Fuller, Hiram Shaver, W. A. Stowe, John E. Burke, O. A. Call, Robinson & Ladd, H. P. Brown, W. W. Andrews, -. -. Turner, Ezra Carr, Charles B. Par- sons, B. F. Thorp, H. A. Miles, Judge O. F. Avery, Wm. P. Harmon, M. W. Ander- son, and D. W. Coan.

Of those attorneys who resided in the county at one time and are now either

dead, or have quit practice, or gone, we will speak first. Later, of the present Bar.

Phenias V. Swan was undoubtedly the first attorney to locate in Bremer county, and was the first here admitted to the Bar. He came from Vermont, where he had been engaged in the practice of law, and upon arriving here, at the first term of court held in the county, was, upon motion of I. M. Preston, admitted to the Bar of this State, upon the presentation of his certificate. Swan located with his family at Janesville, and there opened his office. He had a good library, and was a well-read lawyer; an excellent office worker, and a very fair debator; rather prepossess- ing in appearance, with a gentlemanly ad- dress, he worked up what would be termed an extensive practice, considering the new- ness of the country. He was, as to relig- ious belief, an outspoken infidel, and would not hesitate to let anyone know his belief. On the 4th of August, 1856, he was elected prosecuting attorney of. the county, but died before the expiration of the first year of his term. As will be seen, by a glance at the press chapter, he was interested in the first paper published in Bremer county. After his death, his little property was dis- posed of, and his family returned to Ver- mont, their native State.

William P. Harmon was born in St. Stephens, New Brunswick. His youth was spent at Calias, Mame, where he received a good common school education, or rather, educating himself, for he was in every respect a self-made man. He read law at Calias, Maine, which borough he represen- ted in the State Legislature. Seeking his fortune in the western world, he tried his luck with indifferent success in various

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HISTORY OF BREMER COUNTY.

places, and finally came to this State and settled at Cedar Rapids, where he remained a few years, and then went to Independence, Iowa, where he remained until 1853; there he married Alzina E., a daughter of Manas- sah Reeves, Esq., and immediately re- moved to Waverly, where he remained until the time of his death. He was the proprietor of the town, and it was mainly through his energies and perseverance that it owes its present prosperity. In every enterprise of a philanthropic or patriotic nature he was ever foremost, and his private charities were almost without num- ber. He devoted his energies entirely to his business, and never would accept a public office, except when convinced the public good and his duty required it. He held the office of prosecuting attorney for the county when that office was one of the most important in the county. He also represented his district in the State Legis- lature. He labored long and ardently to give Waverly the benefits of railroad com- munication, and lived to see from his chamber window, just before his death, the cars arrive at Bremer Avenue. He was buried Monday, the 12th day of De- cember, 1864, by the Masonic Fraternity, of which he was a member. In his death, Waverly lost one of its best men, a loss hard to replace. He left a wife, three daughters and one son to mourn his loss, together with a large circle of friends.

On the 18th of August, 1856, George W. Ruddick located at Waverly, and became a prominent member of the Bar of this portion of the State. He was for many years at the head of the Bar of Bremer county, and continued his practice until chosen to the circuit bench of this district

in 1869. Two years later he was elected judge of the district court and still acts in that capacity. He is treated at length in that chapter.

H. A. Miles was another of the early lawyers of Bremer county. An interest- ing letter from him, presented in connec- tion with the chapter upon Reminiscences of Pioneers, gives particulars of his locat- ing here, and his practice.

Gancelo.C. Wright was born in Lewis- ton, Maine, in 1828. He there read law and was admitted to the Bar in January, 1856. On his admission to the Bar, he came west, arriving in Bremer county in March, 1856, where he at once commenced practice. He continued practice until 1879, when he went into the newspaper business and has since been engaged in that profession. He was successful as a lawyer, and was well posted in matters pertaining to the legal profession. He has always been a democrat and has twice been a delegate to the National Conven- tions. He says he was always a democrat but "did not vote for Jim Buchanan." He was at one time prosecuting attorney for Bremer county. He was a charter mem- ber of the Masonic Lodge, of Waverly, both Tyrrell Lodge and Jethro Chapter, and was for a number of years, Master of the Lodge.

About the same time, in 1856, W. W. Fuller came to Bremer county and located at Janesville. He had been admitted to the Bar in Vermont, but, it is thought, had never practiced. In a short time he opened an office with J. K. L. Maynard, and re- mained for a few years, when he removed to Monona county, Iowa. He was a single man, and being a hard student and a man

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HISTORY OF BREMER COUNTY.

of good sense, he had a brilliant prospect for becoming distinguished and influential, and after his removal to Monona did win an enviable reputation throughout the western part of the State; while here, he was rather quite and of a retiring disposi- tion. When the war broke out he enlisted and died in the service. When the news of his decease reached Waverly, the fol- lowing article was published in the Republi- can regarding him :

"Capt. W. W. Fuller, who died near Vicks- burg, Mississippi, March 14, 1863, was born in Montgomery, Vermont, and came to this State in 1856, and engaged in the practice of law at Janesville. In 1858, he re- moved to Magnolia, Harrison county, Iowa, where he continued in the practice of his profession up to the time of his enlistment, in the fall of 1862. Captain Fuller was of a retiring disposition, but a young man of superior talents; and every one who knew him, saw in his extraordinary intellect a certain promise of future distinction and extensive influence. He was fast securing an extensive and lucrative practice, and was honored by, and an honor to his profes- sion: He was elected a member of the Ninth General Assembly, in the fall of 1861, by a large and unprecedented ma- jority. He was a fast friend and a sociable and agreeable companion."

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History of Butler and Bremer counties, Iowa, Part 95

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