History of Butler and Bremer counties, Iowa, Part 96

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 96
USA > Iowa > Bremer County > History of Butler and Bremer counties, Iowa > Part 96

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Orrin Frank Avery was born in Auburn, Pennsylvania, May 1, 1831. His parents emigrated in an early day from Puritan New England, and maintained that high- toned, moral and Christian character and conduct that distinguished the old Puritan stock. They moved from Pennsylvania to Illinois in 1843. The next year his father died when Orrin was but thirteen years

old. His mother was spared to him until he was twenty years old. After the death of his father, his uncle, Jeremiah Meachan, generously took a father's care of him, furnishing him means for a liberal educa- tion. He accordingly went to Montrose, Pennsylvania, prepared himself for college, matriculated at Yale College in 1853 and graduated with the class of 1857. On leaving, college he studied law with Mr. Fuller, at Belvidere, Illinois, and with Poor & Co., at Dubuque, Iowa. Af- ter completing the prescribed course, he was admitted to the Bar, and in a few years came to Bremer county. Mr. Avery was married to Miss Jennie Gardner, of Elgin, Illinois, September 17, 1867. He died May 26, 1870.

At a meeting of the members of the Bar of Bremer county, held on Saturday evening, May 28, 1870, for the purpose of expressing the sense of the Bar with ref- erence to the decease of Hon. O. F. Av- ery,the following resolutions were adopted:

WHEREAS, Intelligence has been received, that the Hon. O. F. Avery, a member of the Bar of Bremer county, departed this life on the 26th day of May, A. D. 1870; therefore, be it

Resolved, That we, the members of the Bar of Bremer county, have learned with profound re- gret of the decease of our esteemed professional brother and personal friend, Hon. O. F. Avery, whose exalted character as a citizen, thorough knowledge of the law, uniform courtesy and honor as a practitioner, have long since won our esteem and endearing regards, and placed him high in the ranks of his chosen profession.

Resolved, That we tender to the family of the deceased, our sincere sympathy in their bereave- ment.

Resolved, That a copy of these resolutions be presented to the family of the deceased, and also to the Waverly Republican and News for publi-

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cation, and we ask that the same shall be spread upon the records of the circuit court of Bremer county, now in session.

H. H. GRAY, JOHN E. BURKE, Com. G. C. WRIGHT,

On the passage of the above resolutions, G. W. Ruddick said:

"This is the first time in the history of the Bar of Bremer county that we have been called together as such, to give ex- pression to our sorrow at the loss of one of our active members; for fifteen years, past, in fact, ever since there has been a Bar in this county, no active prosecuting member has been called away by death.

"At the last term of this court, our profes- sional brother was with us in this room, attending to the ordinary business of the profession, among us. We all knew he was in failing health, but none of us thought he would be called from among us so soon. It is only one week ago that his partners received from him a letter, which was, on the whole, hopeful; hardly had it been read and its contents talked over by his friends, when the telegraph informs us that his dead body is on its way to its last resting place among us, and that in a day or two we will be called to follow it to the grave. It has been my fortune to know the deceased for nearly eleven years. I think it was in the fall of 1859 that he first came to this place. He had then just completed his studies and was about to commence the practice of law, in partnership with Mr. G. C. Wright, when I first knew him; from then until, as a volunteer, he became a soldier of the United States. His rise in his profession was rapid, and when he then left us, he had no superior among

us as counsellor and office lawyer. His universal attention to business and his pe- culiar fitness for the place, procured for him, almost immediately upon entering the United States service, the honorable and responsible position of Judge Advo- eate, which he filled creditably for a large part of the term of enlistment. When he joined his regiment toward the close of the war he was put into active ser- vice, and it was probably from exposure during that time that the disease of which he died was fastened upon him. But I do not intend to speak of him as a soldier. It was as a lawyer and a man that we knew him, and, as such, he always commanded our respect and very often our admiration. As a lawyer he brought to bear upon every legal question that thorough and downright common sense which is the foundation of every correct legal principle; he was not content to know what one another said upon a sub- ject, but he would search the whole library for days together upon any question of doubt, and before coming into court he knew what had been written on all sides of the question, and hence was never taken by surprise. He did not profess to be an advocate, but as a lawyer he took rank among the very first of this Bar.

"In his business, his first thoughts were to know that his client's cause was just, and when assured of this, he was the most untiring among you in the preparation of it for trial, and in presenting the law to enforce it before the court.

"I never in my life have known a more conscientious, hard-working or better office lawyer. As a man, he was strictly honest -above even the breath of suspicion-

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HISTORY OF BREMER COUNTY.

strongly attached to his friends, slow to think evil of them, prompt and generous in rendering them assistance when needed -a thoroughly good man.

"On his return from the army, in 1865, I offered him a partnership with me, which was accepted, and for the last five years I have known him very intimately. While you met him in this court room and upon the streets, and in social life, I had the privilege of a more intimate relation with him, for three years, during which our partnership existed, from morning until night, on nearly every day, I was with him in the office. I have had opportunities of knowing the man, that none of you have had. I worked with him at the law table, over the same cases, day after day, for three years, and since then I have been with him until he left here almost daily; in his intercourse it is but natural that stronger ties would be formed between us than existed with his other business asso- ciates, and in his loss I feel that I have a more peculiar and exclusive sorrow than you. We had been accustomed for the last five years to consult together about our private business, and as I now go into the office and see the chair and table he used to occupy, vacant, and know that I shall never see him there again, I realize most keenly that the pleasant relations which have existed are now broken for- ever, that his work is done, that mine must be continued for how long or short a time I know not, without his friendly advice or assistance. With all the mementoes I see around me every day to remind me of him and that he is now dead, I feel that death has come very near me.

" Gentlemen, his place among us from this time will be vacant. We will not feel his honest, hearty grasp of hand or hear his pleasant words of cheer, or see his kindly smiles again, and in paying this tribute of respect and love to his memory, I feel how poor and inexpressive are all words to show the grief that fills the heart, and moistens the eye, and chokes the utterance."

About the fall of 1855, Benjamin F. Perkins located at Waverly, and com- menced the practice of law. He was a native of Vermont, where he had gradu- ated from a law school. He was a young man, and is remembered as having a very pretty wife. As a lawyer he was not a suc- cess. He was a good fellow, and his actions were always prompted by good motives; but being a little inclined to take his ease, he was never blessed with much business. As a counsellor he was, probably, above the average, but as an orator he was not a suc- cess, stammering considerably. In about 1857, he removed to Kansas.

C. C. Allen was another of Bremer county's lawyers. He came to Waverly, from Illinois, in 1858, and being a printer by trade, commenced work in the Republi- can office. He studied law with Gancelo C. Wright, now editor of the Democrat, and in 1860 was admitted to the Bar. He opened an office, but did not succeed in getting much business, and when the war broke out, in 1861, he enlisted and served during its continuance, most of the time as Provost Marshal. At the close of the re- bellion he returned to Waverly, and was engaged, at various times, in the livery and hardware business. About 1868, he re- moved to Jasper county, Missouri, and has

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served one term as State Senator. He has been the candidate, on the republican ticket, for Lieutenant-Governor, but was defeated, and is now serving his second term as United States Marshal, for the Western District, with headquarters at Independence, although his family live at Carthage, Missouri.

W. W. Anderson came to Bremer county from Polo, Illinois, in 1863, and located at Waverly. He opened a law office and re- mained here for several years. He was a native of Upper. Canada, where he was born in 1819. He was a small man, noisy, a great talker and a fair lawyer. He is still practicing law at Iowa Falls.

D. W. Coan was another member of the Bremer county Bar. He came here from Illinois early in the sixties and remained about two years. He was a pleasant fel- low, but did not meet with much success at law. He went back to Illinois where he still remains.

S. E. Hoffman came to Waverly from Monroe, Wisconsin, about 1853, and en- gaged in the general merchandise business in company with his brother, S. J. Hoff- man. In a few years he read law with G. C. Wright and was here admitted to the Bar, but did not open an office. He left about 1857, and spent a number of years of his life in Neosha Falls and Topeka, Kansas, and is now in St. Louis, Missouri, where he is engaged in the banking busi- ness, and is a very prominent and influen- tial man. He is president of a bank in that city.

Hiram Shaver came to Waverly, from Wisconsin, in 1869, and engaged in teach- ing school. He commenced reading law with G. C. Wright, and in about 1871, was

admitted to practice. He did notopen an office here, and soon left, locating in Chick- asaw county, where he began practice. He was a single man, full of energy and of nat- ural, as well as acquired ability. In his practice he has been eminently successful, having for a number of years been consid- ered at the head of the Bar of Chickasaw county.

W. A. Stowe was a native of Vermont, and came west with his mother, settling in Clayton county. In 1863 he came to Waverly, soon went into the army, and served about a year and a half. Return- ing, he read law with G. C. Wright, was admitted, and became a partner of Mr. Wright, continuing thus for three years. He finally removed to Hamburg, Fremont county, where he has been twice elected a member of the Lower House of the Gen- eral Assembly, and has been a trustee of the Iowa State Normal School. Stowe was far above the average lawyer, was well- posted, sharp, shrewd, and a fine orator. He was a democrat, and an enthusiastic stump speaker; was very sarcastic, and called things by their right names. A few years since he removed to Omaha, where he now lives.

John E. Burke, was a very prominent member of the Bar of Bremer county. He came to Waverly, in 1858, from Du- buque, where he had been engaged as clerk in a bank. He at once opened an office and commenced practice. His business grew rapidly, as he was an excellent orator, a hard worker and full of energy. He was elected district attorney and has served one term each as a member of the State Senate and House of Representatives. He remained in Waverly about eighteen

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HISTORY OF BREMER COUNTY.

years, when he removed to Chicago, where he still lives and follows his profession. While here he accumulated a fortune. Burke was a man of good address and had long, curly, auburn hair, on which he rather prided himself, which gave him the title of "Man of the Ambrosial Locks." One little incident is remembered about Burke which is worth relating. He knew nothing of farming, but his tendencies rather ran in that direction. In the spring of 1859, he put in a lot of "garden truck," which he took good care of and worked zealously over. Among the vegetables planted, was a lot of beans. When he thought they had been in the ground long enough, he made up his mind that some- thing was wrong,or the beans would come up. He opened a hill to see what was the matter and saw that the bean as he thought was growing downward, taking the root for the stock. After worrying over the matter, he called in Father Harris and wanted to know if beans "must be planted with a certain end up, that he guessed he had made a mistake, as his was sprouting downward." Harris smiled and told him to "put some manure over it to coax up the sprouts." It is said that Burke went to work and turned some of the plants up- side down. But, notwithstanding he knew less about farming than Horace Greeley, he was a good lawyer.

Robertson & Ladd were a firm of attor- neys that opened an office in Waverly in 1866. They came from Wisconsin, where they had been in practice. Their office was on the west side of the river, where they remained about one year; not getting much business. Robertson was the main member of the firm, and was a brilliant

young man, a good orator, and with fair prospects; he returned to Illinois, his native State. Ladd was a good counselor; he re- moved to Clarion, Wright county, where he still lives.

H. P. Brown came to Waverly in 1864, from Junietta county, Wisconsin, and re- mained for nearly ten years. He was a fine orator, a good lawyer, and had a first- rate practice. He was also a preacher of the Latter Day Saints. He removed to Oakland, California, where he still lives.

A Mr. Turner came in 1865, from Wis- consin, and began practice. He had been admitted to the Bar prior to his coming here, and had also been in practice. He was not much of a lawyer, either in office work or before the courts. He left for parts unknown.

Colonel James W. Wood located in Waverly in 1868, and became a member of the Bar of Bremer county, remaining for a number of years. He is now located at Steamboat Rock, in Hardin county. He is one of the oldest settlers and the oldest practicing attorney in the State of Iowa. He was born in Middlesex county, Massa- chusetts, April 30, 1800. He was admitted to the Bar at Lewisburg, Virginia, in March, 1827, and immediately came west and located in Illinois, where he practiced law for some years, and was contemporan- eous with Lincoln, Douglas, Baker, Shields, Trumbull, Browning, Walker and others of the most prominent men of that State. In 1863, in company with five others, he crossed the Mississippi near where Bur- lington now stands, and built a cabin, but did not make a permanent settlement until 1834. In 1837, he was appointed the first city solicitor of Burlington, and was secre-

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HISTORY OF BREMER COUNTY.

tary of the first senate, in 1846-7. From 1847 to 1854, he was clerk of the Supreme Court of Iowa. The Colonel has always taken a part in the politics of the State, and has been a democrat in the strictest sense.

Ezra Carr came from Wisconsin about 1874, and became a member of the Bremer county Bar, locating at Waverly. He was a young man, and a hard working office lawyer. He returned to Warren, Wiscon- sin, after a two years residence in Waverly.

Charles B. Parsons was a native of New York, and came to Waverly early in the decade between 1850 and 1860. He was a married man. He remained until the time of his death, which occurred a few years ago. Mr. Parsons was a good lawyer, an honorable man, and had a very lucrative practice. He was very popular and witty, and Judge Ruddick says he had one of the finest legal minds that he ever met with; a man of great discernment and precep- tion, but he was much more in his place in the office than in the court room.

O. A. Call came to Bremer county at an early day, with his parents, and grew to manhood here. About 1870 he commenced reading law with H. P. Brown, finishing up with G. C. Wright, and was admitted to the Bar in 1877. He was a young man of rare prospects, and while he remained had a good practice. He was well-posted in law, a good pleader, and a very hard student. A few years ago he started for Florida, for the benefit of his health, and died on the way, of consumption.

B. F. Thorpe came here in 1878, from Wisconsin, and opened an office, but did not remain long. He was said to be a good lawyer.

W. W. Andrews came here from Ohio, in 1879, and was admitted to the Bar here. He was for six months a law partner of A. F. Brown. He had been a school teacher, was well educated, but too timid, with not enough self reliance for a successful lawyer. He is now in Dakota.

THE PRESENT BAR.

The members of the Bar of Bremer county, now in active practice, are recog- nized throughout the State as able repre- sentatives of the legal profession. The following named constitute the Bar: J. K. L. Maynard, A. J. Tanner, Eph. Kinnie, A. H. McCracken, Col. M. E. Bil- lings, E. L. Smalley, H. H. Gray, M. B. Dougherty, D. T. Gibson, Edward A. Daw- son, Alfred A. Brown, George E. Walker and Josiah Carpenter.

J. K. L. Maynard, a son of Jesse K. and Lucy (Taylor) Maynard, was born July 26, 1829, in Bakersfield, Vermont. His grandfather was a native of Massa- chusetts. When he emigrated to Bakers- field, he found his way there by trees which had been marked by previous emigrants. His marriage was the first ever celebrated in that town. J. K. L. was reared on a farm, and obtained a part of his education at the Bakersfield Academy, which was one of the first institutions of that kind in the State of Vermont. When nineteen years of age, he began studying preparatory to entering college. During 1852, he en- tered the Vermont University, at Burling- ton, but at the end of two years his health failed to such an extent that he had to abandon his studies. He then returned home, and after regaining his health, entered the law office of Judge Wilson.

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HISTORY OF BREMER COUNTY.

In 1855, he attended the law school at Albany, New York, being in the class with Judge Ruddiek, of Waverly; John T. Stoneman, of Cedar Rapids, and A. J. Case, President of the National Bank of Charles City. During the fall of 1855, he was admitted to the Bar, and the follow- ing spring came to Bremer county, Iowa, locating in Janesville, where he practiced law two years. In 1858, he formed a partnership with W. W. Fuller, of Harri- son county. After a short time he sold his interest to his partner and returned to Vermont, where, in 1853, he was married to Maria J. Kimpton-a daughter of Rev. Orville Kimpton-who was born June 11, 1836, in Franklin county, Vermont. They immediately returned to the west, and Mr. Maynard, in company with Louis Case, purchased the Republican, at Waverly. In a few months time he bought Mr. Case's interest, and continued to edit the paper alone. In June of 1861, he was appointed postmaster of Waverly, and held the office for ten years. During his residence in that city, he held the office of mayor and other local offices. He was trustee of the Methodist Episcopal Church at the time - their present house of worship was erected. Mr. Maynard settled on his farm in Jack- son township, in March, 1873. In 1877, he was elected a member of the State Legislature, and filled that office with honor to himself and to his constituents. Mr. and Mrs. Maynard have five children living-Orville K., J. Dana, J. Wilbert, Loret M. and A. Howard.

A. J. Tanner was born in Wyoming county, New York, February 11, 1825. He is a son of Able and Electa (Foot) Tanner, who, in May, 1839, left western New York,

in wagons, for Boone county, Illinois, where they took up government land, A. J. work- ing out by the month to pay for it, his father being poor, having only seven shillings in his pocket when he landed in the county. A. J. was educated in the common schools and Academy at Belvidere, and also at- tended Knox College. After leaving Knox College he taught school, and, in the mean- time read law. In 1848 he was admitted to the Bar. In 1850 he was appointed clerk by the county court of Boone county,and the same fall elected to the office. In January, 1854, he emigrated to Buchanan county, Iowa, where he practiced his profession. Losing his health, he returned to Belvi- dere. In 1855 he went to Dubuque, and opened a land office. In 1856 he removed to Fairbault, Minnesota, and while there, Seaberry University was organized, he act- ing as attorney for the corporation. In 1862 he went to the Rocky Mountains, making the trip on foot, returning the same fall. In July, 1863, he came to Waverly, Iowa, where he has since resided. In Jan- uary, 1869, he was appointed justice of the peace, which office he holds at the present time. He married Miss Ellen A. Mallory, in August, 1854. Mr. and Mrs. Tanner are the parents of one son, who was drowned in the Cedar river, at the age of ten years.

Eph. Kinnie, attorney at law, and mayor of Waverly, Iowa, was born in Seneca county, New York, on the 22d day of June, 1842. He is a son of Silas M. and Lufanny (Halsey) Kinnie. He commenced reading law in Minnesota, afterward attended the law school at Albany, New York, and was admitted to the Bar, in New York, in 1867, and in Iowa, in 1868. In December, 1867, he emigrated to Bremer county, Iowa,

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where he engaged in his profession. In politics he is a republican, and in the spring of 1882, was elected mayor of the city of Waverly. In November, 1871, he was married to Miss Emma C. Halt, for- merly of Savannah, Illinois, where she was born in August, 1852. They have two children-Lufanny and Morris. Mr. Kın- nie is a member of the K. P. of Waverly.

A. H. McCracken was born in Monroe, Green county, Wis., February 15th, 1839. His father was Joseph McCracken, a native of Washington County, N. Y., whose parents, in 1825, moved to Edgar County, Ill., traveling all the distance with teams, being among the earliest set- tlers of that county. In 1837 he removed to Green county, Wis., where he engaged in farming, remaining there until his death in 1870. He was married in Onondago county, N. Y., to Ruth Sutherland by whom he had ten children. She died in Green county, Wis. A. H. McCracken was reared on his father's farm, receiving the education afforded in the common schools of that day. In 1858 he attended Madison University, remaining there until the breaking out of the war, when he en- listed in Company G, Twenty-Second, Wis- consin Volunteer Infantry, remaining in that regiment until May, 1864, when he was transferred to the Thirty-Eighth Wis- consin Infantry, and commissioned Adju- tant. He was mustered out at the close of the war at Washington, D. C., and dis- charged at Madison, Wis. After which he returned to Monroe, where he taught school for two years, when he emigrated to Bremer county, Ia., locating in Waverly. In the fall of 1872, he was elected District Clerk, filling the office for six years. In

the meantime, reading law, and in April, 1879, admitted to the Bar. May 22, 1864, he was married to Miss Sarah Hoffman, a daughter of John Hoffman. They have four children, Edward G., Ruth, Guy, Edith and Merritt.

Mr. McCracken is a member of the Masonic fraternity and Legion of Honor.

Colonel N. E. Billings, one of the attorney's of Waverly, Iowa, was born in Booneville, Oneida county, New York, July 8, 1837. His father was Jarvis Bil- lings, formerly of Tolland, Connecticut; his mother, Almira Partridge, of Wilbra- ham, Massachusetts. They were married in Chenango county, New York, where eight children were born to them. In 1845, he emigrated with his family to Boone county, Illinois, where he engaged in farming until 1855. That year he re- moved to Fillmore county, Minnesota, where he laid out Preston, the county seat of that county, and where he still resides at the advanced age of ninety-three. The subject of this sketch was reared on a farm, receiving his early education in the com- mon schools, spending two years and eight months at Notre Dame, South Bend, Indi- ana, where he studied the languages and law, and fitted himself for a civil engineer. He was admitted to the Bar of the United States Courts in 1865, by the United States District Court of Kentucky. In the spring of 1861, he entered in the First United States Sharp Shooters, participating in the engagements with the Army of the Poto- mac. He was wounded at the battle of Antietam, by the explosion of a shell, and for this cause discharged January 7, 1863. He then returned to Minnesota, where he raised a company and joined the Second

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Minnesota Cavalry. He was commissioned First Lieutenant of the company. After a time he resigned and enlisted as a private in Company L, of the Fifth Iowa Cavalry. He was promoted to Second Lieutenant of the One Hundred and Fifteenth United States Veterans, and still later promoted to Captain of the One Hundred and Twentieth United States Veterans. He was in front of Petersburg and Richmond, when the Rebel army surrendered, at which time he was promoted to Lieutenant- Colonel of the One Hundred and Twenty- fifth United States Veterans. At the close of the war he returned to Minnesota. In 1867, was appointed as assistant United States District Attorney, at Russellville, Kentucky; also appointed agent in the Freedman's Bureau. In 1869, he went to Kansas as civil engineer on the L. & G. R. R .; then to northwestern Missouri, where he was engaged on the Chicago and Southwestern Railroad; then to the Central Iowa Railroad. In the fall of 1869, Mr. Billings came to Waverly, where he has since followed his profession, and is one of Waverly's most studious and energetic attorneys. He has built up a lucrative practice. Aside from his practice here he has an extensive real estate interest in Fillmore county, Minnesota. He is an active member of the Legion of Honor of this place.

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History of Butler and Bremer counties, Iowa, Part 96

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