USA > Iowa > Clay County > History of Clay County, Iowa, from its earliest settlement to 1909 > Part 13
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Where there is no sheriff, deputy sheriff or coroner qualified to serve legal process, the clerk of the court may, by writing under his hand and the seal of the court certifying the above fact, appoint any suitable person specially in each case to execute such process, who shall be sworn, but he need not give bond, and his return shall be entitled to the same credit as the sheriff's when the oppoint- ment is attached thereto.
The coroner shall hold an inquest upon the dead bodies of such persons only as are supposed to have died by unlawful means. When he has notice of the dead body of a person supposed to have died by unlawful means, found or being in his county, he is required to issue his warrant to a constable of his county, requiring him to summon forthwith three electors of the county to appear before the coroner at a time and place named in the warrant.
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FIRST WAGON SHOP IN SPENCER
THE NAME K PUBLIC LIBRARY
ASTOR. LENOX TILDEN FOUNDATIONS
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HISTORY OF CLAY COUNTY
The constable shall execute the warrant and make return thereof at the time and place named.
If any juror fails to appear the coroner shall cause the proper number to be summoned or returned from the bystanders, immediately, and proceed to impanel them and administer the following oath, in substance :
"You do solemnly swear (or affirm) that you will diligently inquire and true presentment make, when, how, and by what means the person whose body lies here dead came to his death, according to your knowledge and the evidence given you."
The coroner may issue subpoenas within his county for witnesses, return- able forthwith or at such time and place as he shall therein direct, and witnesses shall be allowed the same fees as in cases before a justice of the peace, and the coroner has the same authority to enforce the attendance of witnesses and to punish them and jurors for contempt in disobeying his process as a justice of the peace has when his process issues in behalf of the state.
An oath shall be administered to the witnesses in substance as follows :
"You do solemnly swear that the testimony which you shall give to this inquest concerning the death of the person here lying dead shall be the truth, the whole truth, and nothing but the truth."
The testimony shall be reduced in writing under the coroner's order, and subscribed by the witnesses.
If the inquisition find that a crime has been committed on the deceased and name the person whom the jury believe has committed it, the inquest shall not be made public until after the arrest directed in the next section.
If the person charged be present, the coroner may order his arrest by an officer or any other person present, and shall then make a warrant requiring the officer or other person to take him before a justice of the peace.
If the person charged be not present, and the coroner believes he can be taken, the coroner may issue a warrant to the sheriff and constables of the county, requiring them to arrest the person and take him before a justice of the peace.
The warrant of a coroner in the above case shall be of equal authority with that of a justice of the peace, and when the person charged is brought before the justice such justice shall cause an information to be filed against him, and the same proceedings shall be had as in other cases under information and he shall be dealt with as a person held under an information in the usual form.
The warrant of the coroner shall recite substantially the transactions before him and the verdict of the jury inquest leading to the arrest, and such warrant shall be a sufficient foundation for the proceeding of the justice instead of an information.
The coroner shall then return to the district court the inquisition, the written evidence, and a list of the witnesses who testified material matter.
The coroner shall cause the body of a deceased person which he is called to view to be delivered to his friends if any there be, but if not, he shall cause him to be decently buried and the expense to be paid from the property found with the body, or, if there be none, from the county treasury, by certifying an
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account of the expenses, which, being presented to the board of supervisors, shall be allowed by them if deemed reasonable, and paid as other claims on the county.
Where there is no coroner and in the case of his absence or inability to act, any justice of the peace of the same county is authorized to perform the duties of coroner in relation to dead bodies, and in such case he may cause the person charged to be brought before himself by his warrant, and may proceed with him as a justice of the peace.
In the above inquisition by a coroner, when he or the jury decm it requisite, he may summon one or more physicians or surgeons to make a scientific examina- tion, who, instead of witness fees, shall receive such reasonable compensation as may be allowed by the county board of supervisors.
COUNTY SURVEYOR.
The county surveyor shall make all surveys of land within his county which he may be called upon to make, and his surveys shall be held as presumptively correct.
The field notes and plats made by the county surveyor shall be transcribed into a well-bound book under the supervision of the surveyor when desired by a person interested and at his expense.
Previous to making any survey he shall furnish himself with a copy of the field notes of the original survey of the same land, if there be any in the office of the county auditor, and his survey shall be made in accordance therewith.
He is required to establish the corners by taking bearing trees and noting particularly their course and distance, but if there be no trees within reasonable distance, the corners are to be marked by stones firmly placed in the carth, or by mounds. .
In the resurvey and subdivision of lands by county surveyors, their deputies, or other persons, the rules prescribed by acts of congress and the instructions of the secretary of the interior shall be in all respects followed.
The county surveyor shall, when requested, furnish the person for whom the survey is made with a copy of the field notes and plat of the survey, and such copy certified by him, and also a copy from the record, certified by the county auditor, with the seal, shall be presumptive evidence of the survey and of the facts herein required to be set forth, and which are stated accordingly, between those persons who join in requesting it and any other person then con- cerned who has reasonable notice that such a survey is to be made and the time thereof.
The board of supervisors is required to furnish a substantial, well-bound book, in which the field notes and plats made by the county surveyor may be recorded.
The plat and record shall show distinctly of what piece of land it is a survey, at whose personal request it was made, the names of the chainmen, and that they were approved and sworn by the surveyor. and the date of the survey, and the courses shall be taken according to the true meridian and the variation of the magnetic from the true meridian stated.
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The necessary chainmen and other persons must be employed by the person requiring the survey done, unless otherwise agreed, but the chainmen must be disinterested persons and approved of by the surveyor and sworn by him to measure justly and impartially to the best of their knowledge and ability.
County surveyors, when establishing defaced or lost land corners or lines, may issue subpænas for witnesses and administer oaths to them, and all fees for service of officers and attendance of witnesses shall be the same as in pro- ceedings before a justice of the peace.
COUNTY JUDGE AND BOARD OF SUPERVISORS.
C. C. Smeltzer remained county judge until 1862, when he was succeeded by C. A. Clark. Following him came C. H. Brockschink, J. L. Crozier and P. M. Moore, the last named serving until the office was abolished in 1869. In the meantime, however, in 1861, the board of supervisors was created, and to them was delegated most of the authority which had been held by the county judge, so that after 1861 the office of county judge was an unimportant one.
When the board of supervisors was first created it consisted of one member from each township in a county, no matter how many there might be. The first meeting of the board for Clay county was held on January 7, 1861, when C. H. Brockschink was made first chairman. The following is a list of the various gentlemen who were members of the board during the time the law pro- viding for a representative from each township remained in effect: C. H. Brockschink, F. W. Brockschink, Isaac Enders, Jacob Kirchner, Thomas Puckett, Jacob Hale, John F. Calkins, John C. Tabor, H. D. Rice, J. W. Brockschink, J. J. Duroe and John Evans.
During the year 1870 the law was changed, and in accordance with the change the board was thereafter to consist of three members, there being a proviso that the number could be increased to five members by submitting the question to the voters. This was done and in 1873 the membership of the board of supervisors was increased to five.
EXTRACTS FROM COUNTY JUEGE SMELTZER'S MINUTE BOOK.
The following extracts from the minutes of Charles C. Smeltzer, the first county judge, may be of interest and perhaps amusing to the general reader. They are given verbatim et literatim :
State of Iowa, Clay County.
April Term.
On this the fourth day of April, 1859, I considered the matter of remunera- tion for hauling County Books from Des Moines & Fort Dodge and allowed for the same delivered in Clay County, Iowa, forty dollars-in the county war- rants also two dollars and fifty cents for seal for county use.
In witness, I have hereunto set my hand and seal the year and day above written.
Chas. C. Smeltzer, County Judge.
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HISTORY OF CLAY COUNTY
Office of the County Judge of Clay Co., Iowa. August Term.
It is hereby ordered that a county warrant be issued to pay Post Master at Spencer one dollar, it being the amount of postage due on county papers sent out of the office at Spencer.
In witness whereof I hereunto set my hand officially.
February 2nd, 1860.
Upon this day the salary of the County Judge for 16 months was assigned to H. E. W. Smeltzer, amounting to 66 dollars and 6612 cents and for the same warrants in his favor were drawn on the County Treasury.
In witness whereof I hereunto set my hand officially the year and day above written.
April Term. Monday second 1860.
Upon this day commenced an action against Woodbury County Iowa in the name of Clay Co Iowa to recover money due Clay Co on the taxes collected by Woodbury for the year 1858 on land in Clay Co. lowa. The court employed J. A. Kasson as Attorney in behalf of Clay Co. at a fee of 75 dollars certain and one hundred and fifty in the event of Clay Co. gaining her cause and getting judgment for the amt. an agreed case being made up it was submitted to the proper court for adjudication.
In witness whereof I hereunto set my hand the day and year first above written.
This claim was settled and J. A. Kasson was paid $130, for his services. December 15 1860.
Upon this day J. Kindelspyer, Treasurer and Recorder of Clay Co Iowa made a full report of his doings in his office during the year from Jan Ist 1860 to Dec 15th 1860. Report filed away and in substance as follows-said report embracing only monies received on the taxes from 1858 & 1859.
State tax $580.50
County tax 1850.44 Said amount being paid over in Co warrants.
School tax 757.25
Road tax
841.75 paid over in Road warants
Bridge tax 301.33 paid over in Bridge warrants
District tax 842.37
$5173.34
Recording deeds, 24.50 Paid out applied on Treasurers salary-
Said report has been received as so much of Each Kind of tax to be applied to the Credit of the Treasurer in the cases where the Court has received the proper vouchers-
In witness whereof I have hereunto set my hand this 15th day of Dec A. D. 1860.
Jan 5th 1861.
Issued an order upon this day to Hedges Bros for the sum of ten dollars for candels furnished By order of the Court.
In witness whereof I have hereunto set my hand officially the day and year above written.
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HISTORY OF CLAY COUNTY
THE BENCH AND BAR.
In 1851, by an act of the general assembly, county courts were established and the office of county judge was created. By the same act the office of probate judge was abolished, as were the offices of county commissioners, the duties of these several officers devolving upon the county judge. The county of Clay not being organized until 1858, after the passage of this act, had no probate judge or county commissioners. The first county judge was Charles C. Smeltzer, who was elected on the organization of the county, October 12, 1858. Upon him devolved the duty of perfecting the organization of the county, dividing it into townships, and such other work as was necessary to perfect a system of government. He held this office until October, 1862, when he was succeeded by C. A. Clark. That same year he was elected to represent the county in the state legislature.
Judge Smeltzer was a man of more than ordinary ability. He was intensely interested in Clay county and all of its affairs, as will be shown by a glance at his minute book as county judge. He was a man of splendid stature, over six feet in height ; his hair was black, had dark, piercing eyes, and his general makeup was pleasing to the observer. He was a man who made a host of friends. After retiring from office he remained in Peterson for some years and then removed to Fort Dodge. There he engaged in the banking business, and died there about twenty years ago.
In 1867 the county court was abolished and in 1869 the circuit court was established and took control of the probate business, and to it was given the juris- diction over all cases of appeal from inferior courts, such as justices', mayors' and other tribunals of that nature.
Judge J. M. Snyder held the first term of court in Spencer in 1871. He was a young man at that time, of great attainments, and made his home at Humboldt. He now lives at Chattanooga, Tennessee. Prior to that time actions were brought in the courts of Woodbury county. The first action in the district court of that county from Clay county was a case in equity, by Ambrose Mead against John A. and Christian Kirchner, for the partition of a tract of land held and claimed by the Kirchners. This land was known as "Long Grove." These parties made a claim thereon April, 1856, and with their families came to the county in the summer of that same year. The land in dispute was finally divided between the litigants. The court decided that the parties were tenants in common of the land in dispute.
At that time there was both a circuit and a district court. Judge Ford, of Sioux City, presided at the district court, which had jurisdiction over all criminal cases and equal jurisdiction with the circuit court over all civil cases. At that time the judicial district had what was known as the district attorney. He had charge of all criminal trials. The office of district attorney was even- tually abolished and each county was given its county attorney. The first session of the district court, as shown by the records, was on the 22d of June, 1865. Judge Isaac Pemberton, of Sioux City, presided.
The duties of the lawyer were not so great in the early days as to occupy his whole time, and often he indulged in other lines of business to make a living for himself and family. At the present the people demand their services
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HISTORY OF CLAY COUNTY
and they are glad to accommodate the people. Today the profession stands at the head almost over all others, and a good lawyer must always be a brilliant scholar, an able and eminent lawyer and a credit to society. He must always be an honor to the profession and to society and to the entire county. The first attorney in the county was Samuel Gonser. He came from Indiana and located at Peterson. He was a man of wide range of investigation and a civil leader. He was a good advocate and a great reader. He left Clay county in 1877 and went to Des Moines. He lived there about three years and then removed to Guthrie Center, where he died about 1885.
The courts of Clay county have never been called upon to adjudicate any great civil cases, although its records show litigation that has been of importance to the parties interested therein. The class of people settling the county has been of the very best; hence but few cases under the criminal law have appeared. Clay county has never had a murder committed within its borders since its courts were organized, and that fact has prevented anything of a sensa- tional order coming before its courts. Minor offenses against the law have been few and far between, and to sum it all up, the general proceedings of the Clay county courts have been prosaic and lacking in that interest that usually draws the morbidly curious.
Ackley Hubbard came to Spencer carly in its history, and practiced there until about 1884. He was born in St. Lawrence county, New York, in 1849, and lived there until he reached the age of eighteen. Ile then removed to Monroe county, where he lived about a year and a half, when he removed to Clay county and subsequently came to Spencer and entered the cabinet trade, at which he had worked previously. He obtained his education in the schools of New York. Being possessed of more than ordinary ability and being a great reader and a close, keen observer, the early schooling he received served him as the foundation for a deeper, broader and more practical education than he could have received in the classic colleges of today. Although but a resident of the county less than three years, he was in the fall of 1872 elected to the responsible office of clerk of the courts, a position he filled so satisfactorily that he was re-elected. During his incumbency he devoted himself to the study of law. Being an apt and close student and, as clerk of the courts, familiar with the practice, he soon mastered the necessary studies, and after a careful examina- tion was admitted as an attorney. in 1876. As soon as his term of office expired he opened an office and began to practice. But so signally satisfactorily had he filled the office of clerk that in 1877 he was elected to the office of auditor, which he held two years, declining a second term. At the expiration of his anditorship he again devoted his attention to his legal business, which, while holding office, had gradually grown, although unsolicited. In 1878 he formed a partnership with F. C. Danforth, and the firm enjoyed a good practice. In 1879, in company with Mr. Lovewell, he purchased forty acres of land adjoining the original town plat on the west and laid it out in lots and placed them on the market. There was a great demand for them, and in a short time this forty-acre lot was covered with some of the finest residences in Spencer. The addition is known as Lovewell and Hubbard's addition to Spencer. Upon the retirement of Mr. Danforth, Mr. E. C. Hughes was admitted as a partner, and
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their practice became remunerative and extended. In 1884, owing to failing eyesight, Mr. Hubbard was compelled to retire from the practice of law. Previous to his retirement, however, he had formed a partnership with A. Woodruff in the furniture business, and as soon as he disposed of his interest in the legal line lie at once devoted all his time and attention to the furniture trade, with which he was thoroughly conversant. As a lawyer Mr. Hubbard was eminently successful. He had an excellent knowledge of the law and its appli- cability. He had quick, analytic perception, strong logical powers, and a tenacious memory. As a pleader he was plain, terse and forcible. After three years he embarked in the banking business and was the assistant cashier of the First National bank. Hle removed to California and engaged in the banking business there. He returned to Spencer and again became president of the First National bank, after which he was cashier of the Citizens National bank and the Citizens State bank. In 1907 he removed with his family to Sioux City, where he is at the present time president of the First , National bank.
L. M. Pemberton, now of Beatrice, Nebraska, came to Spencer about 1869. He was one of the best lawyers of the Clay county bar. He at one time was county auditor. He left Spencer about 1880 for Beatrice, where he now sits upon the judicial bench.
E. C. Hughes was one of the early lawyers in Spencer. After his admission to the bar at Sac City he came to Peterson with the intention, in conjunction with his brother, Senator Ilughes, to engage in banking in connection with his legal business. But after a short stay he abandoned the idea and came to Spencer and went into partnership with Ackley Hubbard. Later he purchased Mr. Hubbard's interest and for a time was alone. In 1884 he was tendered the presidency of Carthage College, an institution noted for its prominence and power throughout the state of Illinois. This great honor he declined, because of his great desire to remain in the profession and in which he has had great success. In 1886, at the urgent request of his many friends in several counties, he was a candidate before the judicial convention for the nomination for district judge. The convention was composed of the leading men of the Fourteenth judicial district and was one of the most noteworthy and protracted ever held in the northwest. There were seventy-two delegates and five candidates. Three hundred and twenty-three ballots were taken before a selection was made. In every selection except the three hundred and twenty-third Mr. Hughes led and only required three votes of receiving the nomination. By a combined effort another received the prize. Like Grant's followers at Chicago, his friends stood by him until the last. Although a stanch and unflinching Republican, Mr. Hughes was appointed special district attorney under President Cleveland's administration. Upon a change in the political administration he was again appointed by the attorney general as special district attorney, in a case which involved an immense amount of money, namely, to declare a forfeiture of the Sioux City and St. Paul Railway Company and recover back to the United States twenty-one thousand acres of land in O'Brien and Dickinson counties, which was patented to the state and now claimed. Mr. Hughes left Spencer about ten years ago to make his home in Seattle, Washington, where he is now practicing law.
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HISTORY OF CLAY COUNTY
Harry Chamberlain came to Clay county in 1871, from Winnebago county. Illinois, and located on a homestead. His education was obtained in the Rockford schools. He taught several terms of school in that state and also in Clay county. In 1876 he was elected clerk of the courts and was re-elected again in 1878, 1880 and 1882. The last two terms without opposition. He was a candidate in 1886, but was defeated by only thirty-eight votes. In 1885 he was admitted to practice law and upon his retirement from the clerk's office he formed a part- nership with E. C. Hughes, but withdrew from active practice in 1888, on account of failing health.
W. H. H. Hastings came to Spencer in 1883. from Danville, Illinois. He first worked as a farm hand in the summer and taught school in the winter. This he repeated for five years. His ambition was to enter the legal profession, but how was the question. There were many obstacles in the way. But the determination was firmly fixed in his mind and he resolved to surmount every barrier and reach the goal of his ambition. During the pleasant winter evenings he came to Spencer, his school being in the country, and burned the midnight oil in pondering over his law books. In May, 1888, the object which he sought was reached and he was permitted to practice. His admirable pluck and fixed- ness of purpose are evidences of what can be accomplished by a strong and determined mind. He began at the lowest round of the ladder, without money or influence, and by his natural ability and a large stock of energy and perse- verance won a place in the ranks of his profession. He left Spencer some years ago.
Perhaps the most prominent lawyer of the Clay county bar was A. C. Parker. He came to Spencer in company with A. R. Claxton and opened a law office June 10, 1879. Mr. Parker was born in Zenor. Indiana, in 1857, and received his education in the public schools of Buchanan county. Having made law the choice of professions, he entered the Iowa Law School, where he studi- ously employed his time for two years, mastering the intricate points of the law and storing his mind with the varied and multifarious rules of practice. After some time Mr. Claxton retired from the practice, and in 1822 Frank Richardson was admitted as a partner. Mr. Parker is a man of wonderful mental force. He possesses in a large degree indomitable pluck, and is extremely tenacious of purpose. He is what is commonly called a legal fighter. He prepares his cases with scrupulous care, is cautious in every preparation, and then searches for the law and examines it most minutely, and selects that which has a direct and forcible bearing upon them. With all his labor, when his causes are called he is fully and ably equipped for the legal contest. In the heat of the legal arena he is at his best. Possessing a striking familiarity with the law and an excellent and retentive memory, he is ever ready to meet his opponent. He is a clear and logical speaker, rather crisp, hews straight to the line and is not at all given to many words or rhetorical flourishes. He is a lawyer of con- servative views, of sound judgment, and careful in giving a decision. These qualities have served him admirably and have enabled him to gain the confidence of his clients, the esteem and respect of the court, and have placed him in the front rank of his chosen profession. For some years past he has been a resident of Des Moines and is considered one of the ablest lawyers of the state of Iowa.
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