USA > Iowa > Des Moines County > History of Des Moines County, Iowa, Volume I > Part 48
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people of the county and all with whom he came in contact. He was the gentle- man in every sense of the term. Naturally gifted with strong mental vigor, to- gether with his habit of thoroughly investigating any legal problem submitted to him, made him one of the best equipped members of the bar. His practice extended not only to the District and Supreme courts of the state, but to the Federal courts, including the Supreme Court of the United States. He was a great advocate. No member of the bar excelled him in ability to present his case to a jury. Mr. Hall was truly an orator. Not an orator in the sense of using fulsome language, but in the sense of using the finest and best of English. With the greatest of ease he could present his thoughts to court and jury in such a methodical manner and in such language that brought convictions. In pol- itics he was a democrat, but not of the rigid type of his father. Times were bringing about changes. Men to a large extent were outgrowing their prej- udices. Mr. Hall's democracy was of a new type, different from that which pre- vailed when Dodge and Leffler were the ruling spirits in the territory and state. He was elected to represent his county in the House of the Fourteenth General Assembly and the Senate in the Nineteenth and Twentieth General Assemblies of the state. Was elected to represent the First Congressional District of Iowa in the Forty-ninth Congress. Was appointed by President Cleveland, commissioner of patents. It can safely be said that no one discharged with greater ability and more faithfully the trusts committed to his care in the offices which he filled.
Andrew Jackson Dillon. There was a class of old time lawyers who lived in the county and practiced before justices of the peace. In writing a history of Des Moines County we cannot pass by this class of the profession. They were an outgrowth of the times in which they lived; but which in Des Moines County have long since passed away. We knew one, A. J. Dillon, commonly called "Jack Dillon." He was among one of my best school teachers. Hle taught school in the winter, farmed a little in the summer, and between times on Saturdays tried hog stealing and other misdemeanors, including assault and battery cases, replevin cases, and other minor disputes within the jurisdiction of the courts of justices of the peace. Their law library consisted of three books, one that was called the "Blue Book," because it had a blue cover, and contained the Revised Statutes of Iowa up to 1843. This was sufficient for all purposes until the adoption of the Code of 1851. They had a book of forms, containing forms of criminal procedure and forms for replevin and attachment cases. They knew that to steal, take and carry away with the felonious intent to convert to one's use was larceny. That to break and enter one's house with the felonious intent to take the prop- erty of another and appropriate the same was burglary. That to strike another with the intent to injure him was assault and battery, etc. These men had lots of "common sense." They cared little for the rules of evidence, always claiming it was the truth they wanted, and by so claiming before a country justice, the "town lawyer" had little show. Where country lawyers met country lawyers in legal combats, their tactics changed, then they were the greatest sticklers for tech- nicalities. Dillon was in his element in one of these contests. With proper train- ing he would have made a lawyer of ability.
Samuel Shortridge. Samuel Shortridge was a blacksmith by trade, and had his shop in Pleasant Grove, Pleasant Grove Township, and when not shoeing horses and ironing wagons, practiced law in the courts of justices of the peace.
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He was a different type of man from Dillon. Read law in the office of C. Ben Darwin, and was admitted to the practice by the District Court of the county. Having been admitted to the bar, and being a blacksmith, he had somewhat the advantage of Dillon. He couldn't roar like Dillon, but could say more cutting things. He delighted to tease Dillon and make him angry, and thus gain an advantage. Between the two, naturally Dillon was the superior of Shortridge. Both had their friends and supporters who were always present to give them all the aid and encouragement they could.
William Stewart. William Stewart was a better country lawyer than either Dillon or Shortridge. He excelled them in self control and the power to present his side of the case. Dillon might storm and rage: Shortridge say sharp and cutting things, but Stewart did not mind what they said, but coolly and calmly pursued his course.
George Frazee. We knew Mr. Frazee during the later years of his life. To use a common expression, we will say, he never was "cut out" for the practice of the law in the courts. As a legal advisor, he could be trusted to give the best information. Was a native of New York, from which place he went to Lexing- ton, Ky., where he practiced for a time. From Kentucky came to Burlington in 1849. He lived in Burlington until the time of his death. Was United States commissioner, and issued the warrant for the arrest of "Dick" the fugitive slave, who was defended by Judge Rorer, and after hearing the evidence, ordered his discharge. He held the office of justice of the peace for several years. Was for a time the secretary of the school board of the Independent School District of Burlington.
Clark Marble. Clark Marble was one of the unique characters of the bar. He was known as the "code lawyer." Was well grounded in the general prin- ciples of the law, and with this knowledge he relied on the code in his practice. Was thoroughly honest in his dealings with his fellow men. Was courteous in his bearing to the court and members of the profession. All who knew him re- spected him for his good qualities of heart. He was the lawyer to whom the poor man or woman could go for advice and receive it, if need be, without price, which was too often the case, but doubtless Mr. Marble was fully paid, for if in need himself he could sympathize with those who were in need. Mr. Marble had many friends who came to him for counsel. His profession yielded him a livelihood as long as he lived. He filled the office of justice of the peace for several terms, and with credit to himself and to the satisfaction of the people. We do not believe a single member of the bar can call to mind an instance when Mr. Marble sought any advantage but by the most honorable means. Ile had the esteem of all the members of the bar and the courts before whom he prac- ticed.
We have passed by some of the old lawyers by simply mentioning their names. Some of them were able lawyers; and gained for themselves reputations as such. Most of them sought other fields in which to carry on their work, and it is for this reason we fail to make particular mention of them. At the close of the Civil war period, a class of young men entered on the practice in Burlington, nearly all of whom are now living and engaged in the practice. With this class the author has been closely associated for the past forty-five years. We cannot par- ticularly mention all who are now in the practice in the city; but only those who
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have arrived at that time of life when they will soon be called to give way to the younger members. While those men are still living, it is hoped, that it will not be considered an impertinence on my part to make mention of them and their work. I think I can safely do this, because of my long acquaintance with them and from the further fact, that during that acquaintance no feeling of enmity exists between them and myself which will prevent me from speaking fairly and justly. To head the list of these of whom I am about to speak, I mention the name of
Hon. John C. Power. Cincinnati, Ohio, was his home prior to his coming to lowa in 1856. After his arrival in Des Moines County he engaged in farming for a time. Soon after the commencement of the Civil war, he considered it his duty to offer his services to his country. In May, 1863, he enlisted in Company D, Eighth Iowa Cavalry Volunteers. Was mustered in the service as second lieutenant of his company. Continued in the service till 1865 when, at the close of the war, was mustered out of the service as captain. Having been admitted to the practice of the law, was afterwards elected to fill the office of county judge, which position he filled with credit to himself and to the satisfaction of the people of the county. He held this position until 1869. Was afterwards elected circuit judge of the second circuit of the First Judicial District. This position he held from 1869 to 1872. Since 1873 he has been engaged in the active practice of his profession. As an all round lawyer he has not a superior. This has been proven by his large clientele. It can be safely said no one stands higher in the profession on account of his legal ability, his high sense of honor, genuineness of character. his love of justice, than Hon. J. C. Power.
W. E. Blake. Mr. Blake was raised on a farm in Louisa County. Graduated at Monmouth College, and from the law school of the State University of Iowa, came to Burlington and entered into a partnership with Hon. T. W. Newman for the practice of law. His perceptive faculties are keen, and he can quickly see the point or points on which the decision of the court hangs. Besides, in a trial, it is hard to "put him in a hole," as the saying is, and if once placed there, the chances are he will wriggle out before the case is closed. In a trial, one can't tell when and where Blake is going to strike. Master of the law, applicable to the facts as he views them, and having the faculty of hiding a trap under the meal, makes him one of the hardest of lawyers with which to contend in a trial. How- ever, he plays the game according to the rules, is always courteous to opposing counsel and the court. Has the highest regard for professional ethics, and fair in his dealings with his fellow men.
W. W. Baldwin. Mr. Baldwin comes from a race of eminent lawyers. His mother was a sister of Hon. George G. Wright, one of the most eminent lawyers and judges of Iowa, serving the people of lowa on the Supreme bench from June 19. 1865 to 1870. Was United States senator from the state from 1871 to 1877. The subject of this sketch was a product of the soil of Van Buren County, Keosauqua being the place of his birth. Graduated from the law depart- ment of the State University of Iowa and soon after his graduation came to Burlington and entered into a partnership with Hon. B. J. Hall for the practice of law. He had in him the mettle of a lawyer; possessed keen perceptive faculties, energy and determination to win. From the beginning his rise was rapid and had he continued in the practice would have become one of the leading
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lawyers of the state, but on account of his business ability, his adaptability to further and carry out large enterprises, was prevailed upon to forsake the prac- tice of the law and enter into more lucrative enterprises. He became the manager of the land department of the Burlington and Missouri River Railroad Company and from that position has become entrusted with some of the most responsible possesssions connected with the control and management of the Chicago, Bur- lington and Quincy Railroad Company.
John J. Seerley. Mr. Seerley was born and raised on a farm in Keokuk County, Iowa. Graduated at the State University of Iowa and from its law department. Soon after his graduation he came to Burlington and commenced the practice of his profession. No member of the Des Moines County Bar has a higher regard for the profession than Mr. Seerley. He loves his professional work. Diligent in its study, he is always well prepared to enter into a legal battle. Has well in hand his case both as to facts and law. Besides, he always carries with him sufficient energy, "steam power," so to speak. If he cannot out-flank the line of his adversary, he will "butt" his way through. Notwithstanding his energy, he is courteous to opposing counsel, and if at any time in the heat of a contest should say things to wound, has the manhood to make due amends.
Cornelius L. Poor. With some feelings I come to speak of Mr. Poor. With no one of the bar have I become more closely connected than with Mr. Poor, with the single exception of Judge Power, with whom I was associated in the practice for ten years. For twenty years Mr. Poor's and my office adjoined, and we were in the habit of talking on legal, political and other questions. I there- fore think I knew the workings of Mr. Poor's mind, how he thought and felt. Like all men, he had his faults, but when we come to look at the man, as a whole, we must say he was far above the average, not only as lawyer, but as a thinker on almost any subject to which his mind was directed I never knew such a hard worker. He took delight in his profession, and the harder the question submitted to him to solve, the harder he worked to gain a solution. With a given state of facts. I have often thought, to help his client, Mr. Poor would work with increased energy to find a law, to compel it, as it were, to do that which it would not permit. If he had a hard case, he worked hard to construct an edifice that could not be thrown down. He liked to do this, and often suc- ceeded. He was so constituted, worked with such persistence and ardor, that he never felt he was just fairly beaten in a law suit. He thoroughly mastered whatever question was submitted to him for consideration ; would come to a con- clusion that fully satisfied his mind, and when it came to test his judgment, he fought with a persistence seldom seen. The journey's end of his life came sooner than any of us expected. When it did come the bar felt it had lost one of its best members.
John T. Illick. But a short time ago Mr. Illick departed this life. He was a graduate of Dickinson College, Pennsylvania. Came West and was elected principal of the high school at Carthage, Ill. He gave up school teaching, read law and was admitted to practice in Burlington where he continued it till the time of his death. Mr. Illick was a good office lawyer. He cannot be said to be the equal of many members of the bar as an advocate. He did not seek to be known as a jury lawyer. What of success he had as a trial lawyer was in cases submitted to the court for judgment. Was a safe adviser, and from
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this he gained his reputation as a lawyer. Was a member of the Board of Edu- cation for several years.
Samuel K. Tracy. The subject of this sketch was one of the members of the bar of Des Moines County who commenced the practice in the Seventies. He was the product of the Burlington common schools, and of the Burlington University. He has the qualities which make him the successful lawyer; first, ability and industry ; second, the control of his faculties during the contest of a legal battle.
Mr. Tracy was for many years the attorney for the Burlington, Cedar Rapids & Northern Railway Company for Iowa. The duties of this office he discharged acceptably to the company. The work which he was compelled to perform for that company was so arduous that it exhausted his physical strength. When the B. C. R. & N. passed into the possession of the Rock Island, the company offered him the position which he had under the former company; but it was impossible for him to accept it, because the work required was so arduous he had to decline the offer. He is the senior member of the firm of Tracy & Tracy, engaged in the practice in Burlington.
There are other members of the Des Moines County bar whose names we would like to mention, but space forbids. Those whose names I have last called are the older members of the bar who commenced the practice soon after the close of the Civil war. The younger members I would like to mention, but space forbids.
The first meeting of the bar of Des Moines County, of which there is a record, took place October 19, 1839. We quote from the Hawkeye and Patriot of October 24, 1839.
MEETING OF THE IOWA BAR
"On Saturday evening, October 19, 1839, the members of the Bar Associa- tion assembled at the office of W. Henry Starr, to testify their respect for the memory of their deceased brother, Isaac Van Allen, late attorney of the United States for the Territory of Iowa. Present Hon. Judge Morgan, Messis. Rich, Grimes. Woods, Springer, Rorer, and William Henry Starr. The Hon Charles Mason was called to the chair, and W. Henry Starr appointed secretary. On motion, a committee of five was appointed to draft resolutions of the sense of the bar on the death of Isaac Van Allen, Esq., and that they report on Monday evening next. Messrs. Rich, Grimes, Woods, Rorer and Springer were appointed members of the committee. Monday evening, October 25, 1839, the gentlemen of the bar assembled pursuant to adjournment, his honor. Judge Mason, in the chair. Present, Hon. Judge Williams, Hon. W. B. Conway, Messrs, Springer, Weston, Browning, Rich, Grimes, W. H. Starr, Rorer, Reid, Woods and W. Henry Starr. The committee reported the following resolutions, which were adopted :
Resolved, That we received the intelligence of the death of our brother. Isaac Van Allen, Esq., late attorney of the United States for the Territory of Towa. with the deepest regret.
Resolved, That by his death, the bar has been deprived of an ornament, the community of a valuable citizen, and ourselves of an undeviating friend. That we take this opportunity to express our condolence with the relatives of the family of the deceased upon their bereavement, and of bearing our testimony to
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his many virtues. That a copy of the proceedings of this meeting be forwarded to the parents of the deceased, and that the same be presented to the Supreme Court at its next session, with the request that they be spread on the records of said court.
WV. HENRY STARR, Secretary of the Meeting."
As the years pass by, when the time comes, it is to be hoped, that the mem- bers of the bar of Des Moines County will show the same spirit of friendship for the memory of those of their members who have been called away, as was manifested by those of the bar, who, more than three-quarters of a century ago, at a meeting of this kind, made known to the world the high esteem in which they held the memory of one with whom they had labored.
The following named persons now constitute the bar of the county: H. A. Ambler, A. M. Antrobus, Dale R. Andre, W. W. Baldwin, W. E. Blake, W. L. Cooper, Charles C. Clark, LaMonte Cowles, W. D. Eaton, E. C. Eicher, E. P. Felker, R. M. Green, Paul Guelich, T. G. Harper, Thomas Hedge, F. S. Holsteen, George E. Hill, Ed L. Hirsch, H. F. Kuhlemeier, W. J. McConnel, J. M. Mercer, Herbert E. Mercer, C. H. Mohland, W. E. Pilling, Luke Palmer, B. P. Poor, J. C. Power, Guy Power, Carl C. Riepe, Frank E. Robinson, John Seerley, George W. Stephenson, Jr., J. H. Scott, F. E. Thompson, Samuel Tracy, George Tracy, Charles Willner, H. J. Wilson.
CHAPTER XXV
SOME OF THE PIONEER MINISTERS OF DES MOINES COUNTY
It can be said that few, if any, historians give full credit to the pioneer ministers of the gospel, for their work. When we take into consideration the elements which enter into and constitute the highest type of civilization, we find the greatest is the development of man's moral and spiritual nature. It is this which differentiates him from brute existence, for, without such development, he is no better than the wolf or any other animal. All civilizations have their root in some kind of religion. Contemporary with the discovery of this land came the Ambassadors of the Cross. Contemporary with the pioneers of Des Moines County came the minister of the gospel, proclaiming the sayings of Jesus of Nazareth. Without the development of man's moral and spiritual nature, there cannot be government, law or order. The purpose of the minister is to make known to the generations of people as they come on the stage of action, the necessity of leading religious lives, as the means of securing that which is best. No class of men were more devoted to their mission than the pioneer ministers. They were fitted to the times, places and people to whom they ministered. Many of them were educated men, graduates of colleges and theological seminaries. Others were men of less learning, but having great natural abilities, who felt it their duty to labor for the establishment of the "kingdom of righteousness" among men. With them the distinctions of class were unknown ; and men were valued in accord with the elements they possessed, which made character. It is im- possible to call the roll of all the pioneer ministers of the county, but we will name some of them.
Rev. Daniel G. Cartwright. Without doubt the Rev. Daniel G. Cartwright preached the first sermon ever delivered in Des Moines County. At the request of the famous Rev. Peter Cartwright of the Methodist Episcopal Church, he came to Burlington in March, 1834, and preached. He preached in a log cabin erected by Doctor Ross for religious and school purposes. He settled in Union Township, where he farmed on secular days and preached on Sabbaths. He was known as the "ox driver preacher." He continued in the ministry for several years and at a ripe old age died at the home of his son, Hon. W. H. Cartwright of Mediapolis.
Elder John Logan. The Rev. John Logan cannot be said to have been a resident of Des Moines County ; but to him belongs the honor of preaching the first sermon in the county outside of Burlington. On the 19th of October, 1834, he preached to the members composing the Long Creek Baptist Church, which was organized on the following day.
Rev. John Ruble. The Burlington circuit of the Methodist Episcopal Church was created and formed a part of the Missouri Conference in the fall of 1835.
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and placed in charge of Rev. John Ruble, who died in May, 1836. Among the early ministers of the Methodist Episcopal Church who had charge of the Burlington circuit was Wilson Pitner, who followed Reverend Ruble for a short time.
In 1837 the whole of Iowa constituted one district under Rev. Henry Summers, presiding elder. Rev. Norris Hobart succeeded Reverend Pitner at Burlington. Rev. Nicholas S. Bastion succeeded Reverend Hobart in 1837. Reverend Mc- Murty had charge in 1838. In 1839 Rev. Asa West. The above named persons had charge of the circuit while stationed at Burlington. In 1841 Burlington was made a station and placed in charge of Rev. Isaac I. Stewart.
Rev. Reuben Gaylord. "The rocky and picturesque Town of Norfolk, Conn., forms a part of the northern boundary of the state, and is one of the most elevated portions of the hilly County of Litchfield.". Near Norfolk, in a modest farm house on a hillside, lived Reuben and Mary Gaylord to whom a son, whom they called Reuben, was born on the 28th of April, 1812. He was the seventh of a family of eight children. The Gaylords were of good stuff, for William Gaylord, from whom young Reuben could trace his lineage, was a Hugenot refugee from France to Devonshire, England, from which place he came with his family to Worcester, Mass., in 1630. Young Reuben helped his father cultivate what soil he could find on those rocky hillsides, until he had arrived of age. During winter he attended the district school of his neighborhood. With that economy which the New Englander practiced, his father had succeeded in accumulating $1,000 to pay for Reuben's education at Yale, and after he had passed the prescribed course of study, he would have to make his own way through life. This is one of the ways which those old Connecticut farmers had in dealing with their children.
In the summer of 1830 father and son started on a two days' ride to New Haven, where the son was to enter Yale, provided he could pass his examinations. When put to the test he proved "good," and said to his father: "Father, I guess you will have to go home alone."
He graduated in 1834 in a class of sixty-five, among whom was Bradstreet, H. W. Ellsworth, D. S. Brainard, H. C. Kingsley, W. H. Starr, C. R. Willis, Alfred Emerson, Nathan Perkins, Seymour and John Noyes. He went in debt for the suit of clothes in which he graduated, and to cancel this indebtedness, taught school at Huston. President Sturtivant of Illinois College was present at his graduation, liked the looks of the young man, and promised him a position in the then most western college in the country, located at Jacksonville, Ill. In 1835 young Gaylord arrived at Jacksonville and commenced teaching, being the principal of the preparatory department. Dr. Edward Beecher was the then president of the college. The first class graduated from this institution was in 1835, among whom was Richard Yates, who, in subsequent years, became governor of the state.
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