History of Cass County, Iowa; together with sketches of its towns, villages, and townships; educational, civil, military, and political history; portraits of prominent persons, and biographies of old settlers and representative citizens. History of Iowa, embracing accounts of the pre-historic races, and a brief review of its civil, political, and military history, Part 47

Author: Continental Historical Company, Springfield, Ill
Publication date: 1884
Publisher: Springfield, Ill. : Continental Historical Co.
Number of Pages: 918

USA > Iowa > Cass County > History of Cass County, Iowa; together with sketches of its towns, villages, and townships; educational, civil, military, and political history; portraits of prominent persons, and biographies of old settlers and representative citizens. History of Iowa, embracing accounts of the pre-historic races, and a brief review of its civil, political, and military history > Part 47

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Benjamin Albee was an early settler in Cass county. He improved a farm and made a home in Bear Grove township,

where he lived most of the time until 1882, when he went to Oregon, returning during the fall of 1884. He was a native of New York. His wife was Miss E. N. Dickenson, and they had five children, all of whom are now living. William Albee, the oldest son, and the present deputy sheriff, was born in New York, on May 19, 1844, where bis youth was spent. He enlisted August 8, 1862, in Company K, One Hundred and Tenth New York Regi- ment, for three years, and participated in numerous engagements. He was mustered out of the service on August 28, 1865, and came directly to Iowa, to which State his people had moved, and made his home with them in Polk county, until the time of his marriage to Sarah E. McKibbon, July 3, 1867. They removed to this county and made a settlement in Atlantic town- ship in 1868, on the northeast quarter of section 15. In 1880 he went to Griswold, where he served as marshal two years. Mr. and Mrs. William Albee were the parents of two children, Vinnie, born in 1868, and Charles B., born in 1880.

SCHOOL SUPERINTENDENTS.

The various gentlemen who have filled this office are treated of at full length in the chapter devoted to educational mat- ters, to which the reader is referred.

COUNTY SURVEYORS.

The first to hold the office of surveyor in Cass county was David Chapman, elected in the spring of 1853. On the 6th of April, of that year, he filed his bond in the sum of $1,000 for the faithful perform- ance of his duties, with C. E. Woodward and J. E. Chapman as sureties, and en- tered upon the discharge of his duties.

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HISTORY OF CASS COUNTY.

A. J. Osborne was the next surveyor, be- ing elected in October, 1859, and entering upon the discharge of its duties January 1, 1860. Before the expiration of his term of office, in June, 1861, he removed from the county, and the board of supervisors appointed E. W. Davenport to the va- cancy, who acted in that capacity until in October, 1861, the people elected him to the office at the regular election. He served out this term and then gave way for a successor.

E. W. Davenport was a native of the . "Old Bay State," Massachusetts, and came to Cass county in 1857, and located at the town of Lewis, although he was engaged in running a sawmill in Pottawattamie county, not far from the line. In 1862 he removed this mill to Lewis, and in 1864 to Eight Mile Grove, when he sold it. He removed from here to Council Bluffs.

Franklin H. Whitney was duly elected county surveyor in 1863, and served two years. Mr. Whitney is at present en- gaged in the banking business in Atlantic, and is noticed in that connection.

Albert Wakefield was elected to the office of county surveyor in the fall of 1865, but on the 1st of January, follow- ing, when all the new officers were sworn in, he failed to qualify, and the board of supervisors appointed F. H. Whitney to fill the vacancy. This he did until the first of the following year, when he was succeeded by T. J. Jordan, who was elected for the unexpired term in the fall of 1866.

A. Wakefield was again elected county surveyor in 1867, but seems to have served for about a year and a half, when he was

succeeded by S. Hamblen. Albert Wake- field was born in Somerset county, Maine, on the 1st of January, 1828, his parents being John and Emma (Downing) Wake. field. He received his education in Maine, and when eighteen years of age he com- menced the occupation of school teaching in his native State. He remained there until 1850, when he moved to New Jersey, and there taught one year, when he went to Connecticut, and in the spring of 1851, he came to Davis county, Iowa, and was there engaged in teaching two years, or until 1853, when he came to Cass county, and has since made it his home. On his arrival at his new home he found Judge Bradshaw, the first judge of Cass county, keeping postoffice at Indiantown, and Lewis had just been located, while the the connty seat was placed there. Mr. Wakefield located on sections 13 and 24, in Atlantic township, where he owned 600 acres of fine land, portions of which he sold to each of twenty-five different per- sons. In the spring of 1855 he built a saw mill on Turkey creek, and began its operation the spring following, while his older brother became millwright. Bnt before many months the brother sold his interest to A. G. McQueen, afterward a general in the civil war. Albert Wake- field sold his interest in the spring of 1875, and in the summer of that year went to farming. He had gone to Cali- fornia in 1862, and taught school until the summer of 1865. He went to Mis- souri in the spring of 1866, and taught school near St. Joe, for one term, and after the war he took a trip through Kan sas, with a view of locating, but not liking the country, he came to Cass county and

HISTORY OF CASS COUNTY.

371

purchased the lots of Grove City, where he has since lived. He was married on the 1st of January, 1858, to_Miss Ellen Northgraves, a native of Covington, Ken- tucky, but when quite young moved to Ohio, where she was reared. In the spring of 1856 she taught the first school at Hamlin's Grove, Audubon county, and in the fall of that year, taught the first school in Franklin township, which stood abont a half mile northwest of the present site of Wiota. She afterwards taught the school of Turkey Grove, Atlantic town- ship. Mr. and Mrs. Wakefield have three children : Emma, and Carrie and Clara, twins. Emma was married in January, 1884 to Fred Schain, and now lives four miles south of Atlantic. Mr. Wakefield owns eighty acres of land in Grove City, and raises Norman horses, Shorthorn cattle and Poland China hogs. At the second elections in the county, in 1855, Mr. Wake- field was elected county surveyor, and so served one term. He was notary public about eight years, and has held the office of township treasurer for fourteen terms. His farm is one of the finest in the county, and his orchard is the largest in this part of the country, containing about one thousand apple trees, one hundred cherry trees, and a large number of plum trees, and also has a fine vineyard of over two hundred vines. Mr. Wakefield and family are prominent members of the Methodist Episcopal church.

William Waddell, was elected to the office of surveyor in 1868, Mr. Waddell has been prominently identified with the more important official positions, and in connection with one of these, clerk of the

court, full details are given of this emi- nent gentleman.

I. L. Dudley was elected to this office in the fall of 1871, but does not seem to have served.

Samuel Harlan, first chosen to represent the people in the office of surveyor, at the fall election, 1872, to fill the unexpired term, was again elected in 1878 and 1875. Samuel Harlan was born in Chester county, Pennsylvania, July 10, 1810, and is the son of Enoch and Hannah (Gib- bons) Harlan. When he was a child his parents removed to Muskingum county, Ohio. In 1827 his father died, and the family went back to Pennsylvania.' There he worked in a cotton factory two years, and then as a hired hand on a farm. This he followed till 1834, in the meantime educating himself. He then returned to Muskingum county, Ohio, and bought land. He was married there in 1839 to Miss Sarah A. Elliott. While in Muskin- gum county he taught school four years, and learned and practiced suveying. In 1857 he removed to Mahaska county, Iowa, and sold goods for eleven and one half years, being also justice of the peace a portion of the time. He came to Atlantic from that county, and was soon elected justice of the peace. A vacancy occur- ring in the office of county surveyor, he was appointed to fill it, and held the po- sition for seven years. He also carried on the grocery business for two years. Since retiring from the grocery business, he has been engaged in the several occu- pations of surveyor, civil engineer and notary public. By his first marriage Mr. Harlan was the father of six children. His first wife died in April, 1873. He

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HISTORY OF CASS COUNTY.

was married again to Miss Mary Wiglit- man, of Sigourney, Iowa. He has been a member of the I. O. O. F. for thirty-four years, and is a member of the Baptist church.

In 1877, C. E. Townsend was elected to the dignity of County Surveyor, and, be- ing re-elected in 1879, served in that posi- tion for four years.

Charles E. Townsend was born in Jef- ferson county, New York, on the 25th of October, 1847, and is the son of George W., and Harriet A. (Hoyt) Townsend. He was reared in his native county and received his education at the usual schools, and the Hungerford Collegiate Seminary, graduating from the latter institution in 1871. The fall following he came west, and was in Chicago during the ever mem- orable fire that laid so much of that metropolis in ashes. He located in Jack- son county, Iowa, where he engaged in teaching school for about a ycar. While there, he came to Cass county, on a visit and purchased some land, and in the spring of 1873, came to this locality and settled permanently. He was elected to the office of County Surveyor, as above, and has since filled several local offices in Grant township. In February, 1880, be embarked in the lumber business, which he operated until the spring of 1884, when he leased it to other parties. In the fall of 1873, he was united in marriage with Miss Emily Sternberg, a daughter of Henry S. Sternberg, of Jefferson county, by whom he has four children-Hattie E., Roy A., Ross G. and Charles E. Jr.

T. J. Townsend, the last worthy sur- veyor of Cass county, was first elected to this office in 1881, and again in 1883.

Before the last term was out, in 1884, he resigned the office, leaving a vacancy.

CORONER.

This office was in existence at the time of the organization, and at the first elec- tion James N. Benedict, was elected to this office. He never served, as far as is known and the office for many years seems to have had no occupants. A short list of those who have filled this position will suffice in this connection.

J. W. Conison seems to have the office during the years 1854 and 1855.

David Johnson was duly elected Cor- . oner in October, 1859.

A. H. Caywood was elected Coroner in the fall of 1861, but does not seem to have served, and in the autumn of 1862, H. A. Baker was chosen his successor. Although M. Hoblitt, in 1863, Henry Dennison, in 1864, John Woodward, in 1865, James A. Edwards, in 1866, and Oliver Mills, in 1867, were elected to fill this position it is believed that none of them served any material length of time, if at all, and there is no record of their doing such, accessible.

In 1869, Dr. J. W. Montgomery was elect- ed coroner, and served part of the term.

D. H. Stafford was elected to this office in 1874, and is said to have been the first to give the office the proper attention. He was re-elected in 1875, and served four years.

Dr. B. A. Wilder was the next to fill this office, having been elected in 1877, and re-elected in 1879 and 1881.

Dr. W. C. Egan, the present coroner was elected in 1883. Both of these gen- tlemen are noticed in the Medical chapter.

HISTORY OF CASS COUNTY.

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DRAINAGE COMMISSIONER.

This never was a very important office in this county. It was first held by Levi M. Mills, who was elected in the spring of 1853. He entered upon his duties at once, first filing his bond for $10,000, with C. E. Woodward, David W. Wellman and Johnson Bradshaw sureties.

Samuel Whisler was elected in October, 1859, and served two years.

At the election of October, 1861, the contest for this office resulted in a tie vote between Job S. Haworth and T. J. Byrd, and in drawing lots for this the former was the fortunate individual, and held the office for two years.

M. M. Edwards was elected in 1863, and held the office for two years.

*F. II. Whitney, in 1865, was elected to this office.

E. O. Hoyt was elected in 1866, but did not qualify for the position.

H. Littlefield was the last drainage commissioner of the county, as the office

was abolished during his term of office. He was elected in 1867.

Horace Littlefield was born in Frank- lin county, Massachusetts, in 1808. His parents were Elisha and IIannah (Hotch- kiss) Littlefield. In 1819 his parents re- moved to Switzerland county, Indiana. There Horace attended school, and grew up to manhood. He went to Cincinnati and learned the cabinet-making trade, and then returned to his home in Indiana. He followed that trade principally until coming to Iowa, which was in July, 1856. He then located in Lewis, and has here made his residence since that time. He has invented two portable scaffolds and a fanning and smut mill. He was married in 1835 to Harriet Culp. They have four children living-Araminta L., (Elsey); Laura V., (Boblitt); George Monroe, and Kate Bell. Their daughter Sarah . was lost to them by death. Mr. Littlefield has taken an active part in temperance work.

CHAPTER XI.

CASS COUNTY COURTS.

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 them certain laws for their observ-

ance, with a penalty attached for their violation. The children of Israel, after leaving the land of the Egyptian, were given the ten commandments, the princi- ples underlying which have been the basis

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HISTORY OF CASS COUNTY.

of all laws from that time until the pres- ent. ' The existence of laws necessarily implies the existence of courts wherein all questions of law shall be determined. This fact being determined, the framers of the State constitution instituted certain courts of justice with well defined powers. Changes have been made in the jurisdic- tion of these courts from time to time, but the rights of every citizen of high or low degree have ever been maintained.

EARLY TRIAL.

C. E. Woodward, it appears from the records, was a justice of the peace in 1852 and 1853. The only case that seems to have been docketed, in those days, was one in which Thomas Turner and Abram Hursche, then peddlers, but afterwards the first merchants in Panora, Guthrie county, wore parties. The following argument of agreement is taken from the docket, and bears date of February 22, 1853, and was done at Indiantown:

"Know all men by these presents, that we, Abram Hursche and Thos. Turner, who have lately been engaged in the ped- dling business, do agree from this day to withdraw the suit of replevin commenced before 'Squire Woodward, and each share the cost already made, and resume our business, fulfill our former contracts, without violating the late law of the State of Iowa concerning peddlers; and as soon as possible thereafter return to Kanesville, settle up with our creditors, pay off all demands against us, and divide the profits and make a division of the goods left on hand; and from this day we agree to divide all monies received for goods sold

every day, and each pay half of the ex- pense."

This document was signed by Thomas Turner and Abram Hursche, and witnessed by V. M. Conrad. Mr. Turner was after- wards sheriff of Guthrie county, and is now one of the influential and prominent men of the town of Panora, in that county, where he is still engaged in active mercantile pursuits.

DISTRICT COURT.

Upon organization, Cass county hecame a part of the sixth judicial district, then composed of twenty-seven counties, ex- tending from the Minnesota to the Mis- souri line, in the western part of the State. At that time Allen A. Bradford was the judge, having been elected to the bench on the 4th of April, 1853, having served for a short time previously, hy appointment, and having succeeded James Sloan, the first judge of the district, who had resigned.

On the 20th of April, 1854, at the reg- ular time for holding the district court, C. E. Woodward, the clerk, received the following missive, which he read to the assembled court :

"Whereas, the Legislature of the State of Iowa, at its last regular session, did fix the term of holding the spring term of the district court of Page, Taylor, Adams, Union, Guthrie and Cass, in the sixth judicial district of the State of Iowa, all in the first three weeks of the month of April; and, whereas, it is impracticable, on account of distance, to hold all of said courts at the time so fixed; therefore, being unable to hold the said court in the county of Cass on the 20th of April next,

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HISTORY OF CASS COUNTY.

the time so fixed, I do hereby order and direct that said court be adjourned to Monday, the 22d of May, A. D. 1854, at 9 o'clock in the forenoon, as provided by · section 1583 of the code of Iowa.

"Given under my hand, at my chambers in Sidney, this 28th (?) day of April, 1854."

This was signed by Allan A. Bradford, judge of the sixth judicial district.

The clerk adjourned the court, in obe- dience to these instructions.

On the 22d of May, 1854, the court met at Myer's hotel, at Lewis pursuant to ad- journment and Judge Bradford was upon the bench. O. O. Turner, the sheriff, and C. E. Woodward, clerk, were also pres- ent. S. M. Tucker, the pioneer lawyer of Cass county, presented a license from an Ohio court, admitting him to practice in that State, and asked permission to prac- tice at the Bar in this State, and by order of the court was ordered to be enrolled as an attorney of this court. The first case upon the docket was that of David W. Wellman, versus William Wood. This was an appeal from a justice court, and involved the question of the right of re- plevin. A jury was summoned to try the case, the first regular panel in this county and consisted of the following named: John Van Houten, E. W. Buckwalter, A. B. Dowell, Samuel Peets, II. J. Barnes, L. McCarty, I. M. Watson, A. Jessup, G. I. Chizum, Henry Michael, W. N. Dicker- son and George Reeves. After due delib- eration, and a full hearing of the facts in the case, this jury brought in a verdict for the plaintiff.

The first divorce case in the county came up for trial at this term. It was that

of Frederick Richardson, vs. Elizabeth Richardson. The defendant was called in open court, and came not, and proof being offered of due notice being given by publication, and the facts in the case being presented to the court, the decree dissolving the matrimonial tie was made by order of the judge.

On the 21st of September, 1854, anoth- er term of the District court was held by Judge Bradford. At this term, H. K. Cranney was the clerk and John Consion, the coroner acted in the place of the sheriff. Three cases were heard, when the Judge adjourned the court to a special term, to be held in November.

When the time for special term had come around, on the 21st of November, the clerk received a notice from the judge, adjourning the court until December.

In accordance with the adjournment, court met in December, 1854, when a grand jury was summoned, the first in the county. This consisted of the following gentlemen: Henry Michael, G. I. Chiz- um, George Shannon, Peter Hedges, E. W. Buckwalter, Mason Gill, B. Garvin, William Stewart, George Walker, J. W. Krewson, William Frost, Isaac Moore, Richard White, A. B. Dowell and Leon- ard Everly. After deliberating this body returned one indictment, for assault and battery with intent to commit murder.

In April, 1855, Judge Bradford having resigned the office, E. H. Sears, who had been appointed by the governor to fill the vacancy, appeared and presided over the regular spring term. There being no prose- cuting attorney present, the judge appoint- ed S. E. McCracken, to fill the duties of

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HISTORY OF CASS COUNTY.

that office. R. D. McGeehon was appoint- ed special constable for the term.

At the regular term in October, 1855, there were present, E. H. Sears, judge, Charles Baldwin, clerk, and Robert C. Gordon, sheriff. A grand jury was em- paneled, consisting of the following gen- tlemen, the first thing after opening court: David C. Casper, William Judd, William E. Porter, Amasa Chapman, Jacob Head- ley, H. K. Cranney, Jeremiah Johnson, Charles Jackson, Zadoc Stewart, Jesse Eller, Moses Martin, Albert Wakefield. Nelson T. Spoor, Edmund Manly, and A. J. Millslagel. William Judd was appoint- ed foreman. Case number one, before this court was one entitled: State of Iowa, vs. Thomas Meredith and John Carothers, which on a hearing was recommitted to the grand jury, for a rehearing. The first civil case that came up for a hearing was that of Clayborn Marion, vs. George Clark, which appears to have been a suit brought for the recovery of money due. A jury was called for the trial of the case, consisting of the following mentioned: Henry Michael, Jeremialı Bradshaw, V. M. Bradshaw, James W. Benedict, John L. Peather, William Chapman, Thomas Rogers, Lorenzo Teague, Philander Cran- ney, George R. White, R. D. McGeehon, and Frederick Richardson. Two bailiffs, George W. Wakefield and William Con- rad were sworn in, and after a due hear- ing of the case, the jury retired in their charge. On returning, a sealed verdict was handed to the judge, giving the de- cision of the jury, in favor of the plaintiff for the sum of $275.17, and costs.

to have been two attorneys present, M. L. McPherson, aud John Leonard, both of whom have since held exalted positions.

The next term of the court was held in April, 1856, when the same officers were. present. Most of the cases were of a eivil nature, although there were a few State cases, but they were mostly continued.

At the October term of 1856, E. H. Sears, was still the judge of the district and was present. There being no prose- cuting attorney present he appointed Jas. M. Dews, to fill that office. Charles Bald- win, clerk, and Robert Gordon, sheriff, were both present, also. At this term, on motion of Thomas B. Johnson, Thomas Haycock was ordered to be enrolled upon the list of attorneys.

Hon. E. H. Sears, who had been Judge up to this time, belonged in Fremont county. He was appointed to the office, by the governor, on the 9th of January, 1855, to succeed Allan A. Bradford, of Fremont, who had resigned. He qualified for this office on the 1st of February. On the 2nd of April, of the same year, he was elected by the people to the same office.

On the 6th of December, 1856, by act of the General Assembly, Cass county was detached from the sixth, and made a part of the seventh judicial district, which then embraced the following counties: Shelby, Harrison, Pottawattamie, Audubon and Cass. Samuel H. Riddle, of Council Bluffs, was the presiding judge, when this county took its place in that district.

In April, 1857, at the time of the regu- lar term of the court, Charles Baldwin, clerk of the courts, opened the court, and read a note from Judge Riddle, saying

At this term of the court, there appears | that he would not be present, and ordering

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HISTORY OF CASS COUNTY.

the clerk to adjourn the court until the third Thursday in June, 1857, which he did, but on that time coming round, the judge still was absent, and the court was adjourned by the clerk, sine die.

At the October term of 1857, Judge Samuel H. Riddle, put in an appearance, for the first time in this county, and as- snmed his place upon the bench. There were present in his court, Charles Bald- win, clerk, and John Keyes, sheriff. There being no prosecuting attorney present, the court appointed M. L. MePherson, to aet as such. It was at this term that James W. Brown was admitted to the bar on the motion of John Leonard.

On the 26th of April, 1858, a term of the district court was opened, when there were present, S. H. Riddle, judge, Charles Baldwin, clerk, and John Keyes, sheriff. This was the last term at which Mr. Bald- win occupied the position of clerk, having been drowned before the next meeting of the court.

Judge Riddle, also, held a term of this court commencing October 25, 1858, Cass county still continuing in the seventh dis- trict. A good deal of business was on the docket for this term.

Judge Samuel H. Riddle was appointed to the office of judge of the seventh judi- cial distriet, by the governor, on the 14th of June, 1853. On the 3d of April, 1854, he was elected by the people, and served until the district was abolished by law, in 1858. He belonged in Council Bluffs, Pottawattamie county.

By the reconstruction of the districts under the constitution of 1857, in 1858, Cass county became a part of the third judicial district, which was composed of

the counties of Adams, Clarke, Decatur Fremont, Mills, Montgomery, Page, Pot- tawattamie, Ringgold and Union. E. If. Sears, of Fremont county, was elected judge, October 12, 1858, and served until the 1st of Jannary, 1863. The first term which he presided over, for Cass county, was the January term in 1859. This was opened on the first day of that month and year, with Judge Sears on the bench. E. W. Henderson, clerk of the courts, and John Keyes, sheriff, were at their post of duty. R. B. Parrott, the district attorney, was also present. It was at the July term this court in 1859, that the first "final pa- pers" of naturalization are recorded to have been issued. The parties who came forward and renouncing their allegiance to any foreign power, king, prince or po- tentate, took upon themselves the dnties and responsibilities of American citizens, were Charles Helwig, of Prussia, and John Aldermoss, of Bavaria. John L. Mitchell made application to this court for admis- sion to the bar. Whereupon, J. A. Hanly, D. H. Solomon and J. W. Brown were ap- pointed a committee to examine the qual- ification of Mitchell, and after doing so, and reporting favorably regarding the same, a certificate was ordered to be issued to John L. Mitchell, as an attorney before the courts of Iowa.

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Author: Continental Historical Company, Springfield, Ill Publication date: 1884 Publisher: Springfield, Ill. : Continental Historical Co. Number of Pages: 918

Author: Continental Historical Company, Springfield, Ill
Publication date: 1884
Publisher: Springfield, Ill. : Continental Historical Co.
Number of Pages: 918