USA > Iowa > Franklin County > History of Franklin County, Iowa, a record of settlement, organization, progress and achievement, Volume I > Part 19
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"Hindman was succeeded by J. R. Whitaker, of Boone, who held the office from 1899 to 1906. Whitaker was one of the finest looking men that ever filled the office of judge in this district. He had been prior to his election a successful lawyer. We always felt, whether he decided for us or against us, that he was our friend. But when he once had taken a stand in a case it was very difficult to convince him that he was wrong, although the ultimate decisions often so indicated.
"After Judge Weaver came William S. Kenyon, of Fort Dodge, who was about the youngest person who ever held the office of judge in Iowa. After about one year's experience on the bench he resigned and is now our well known United States Senator. Kenyon was a very brilliant man as a lawyer and was exceedingly satisfactory as a judge.
"After Kenyon's resignation, George W. Dyer, of Nevada, was appointed to fill out the term. He held the office only a portion of the year and was succeeded by the Hon. W. D. Evans, of Hampton, Iowa. Judge Evans had enjoyed prior to his election to the bench a fine practice and was considered one of the best lawyers of Iowa. As does not frequently happen in such cases, however, he proved to be a very successful judge, having the confidence of litigants and lawyers. He held the office until 1908, when he was elected to the supreme bench of Iowa.
"Succeeding Judge Evans was Charles E. Albrook, of Eldora, who took the office in 1908 and is one of the present judges. Judge Birdsall, whose term expired in 1900, afterward became a member of Congress, which position he held for two terms. He was suc-
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ceeded by Judge J. H. Richard, of Webster City, who presided as one of the judges from 1901 to 1906. Judge Richard had been prior to his advent into the law a schoolmaster and county superintend- ent of schools. Barring the fact that he brought some of the peculi- arities of his former occupation with him on the bench, he made a very acceptable judge. He was certainly a good reasoner and if an argument was made to him he was always able to comprehend the drift of it, which cannot be said of all judges. He was always ready and willing to correct his rulings if he was convinced that they were wrong.
"Following Judge Richard the Hon. R. M. Wright, of Fort Dodge, was elected. His term began in 1907 and he is now one of the three presiding judges. At the expiration of Judge Whitaker's term in 1906, he was succeeded by Judge Chaucer G. Lee, of Ames, who is still one of the presiding judges, the three present judges con- sisting of Albrook, Wright and Lee, each of whom is an able and efficient judge, and prior to their election to the bench, attorneys of recognized ability and successful in their profession.
"When I came to Hampton, court was held in the old stone courthouse, which was located where the present courthouse stands. There were here practicing at that time, as leading lawyers, in 1874, W. N. Davidson, J. W. Mckenzie and D. W. Dow. Davidson only remained a year or two. He was, however, a very bright lawyer. Al- though of no great oratorical ability, he was a very convincing speaker and very logical in his arguments. Before he left he had taken into partnership John H. King. King was a very energetic and hard working, enthusiastic lawyer and business man. He always had great visions of what he was going to do. He was not a very good lawyer but was an exceedingly good talker. He drifted into politics, became a member of the Legislature, and in a few years, with three or four other Hampton men, organized the city of Chamberlain, South Dakota. He moved to that town in the '8os and became prominent in Dakota politics and at one time was financially embarrassed, as most people were who went to Dakota when he did; but fortunately, he invested with the assistance of others, in Dakota land when it was at its lowest and died three or four years ago, worth probably $100,000.
"Davidson resides in Luverne, Minnesota, at the present time. Mr. Mckenzie became a judge as hereinbefore related, and died in 1881 or 1882. D. W. Dow was one of the old time lawyers. He came to this town at about the time of its birth, and in an early day
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it was thought necessary that Mr. Dow must be in a case either on one side or the other. He was an energetic talker and was able to terrify witnesses by his method of examination. Dow was always ready to see the comical side of any aspect that turned up in the case. He used in those early days to tell us of the funny things that hap- pened in the early history of the court in this county.
"One of the early judges who presided in the district court was Judge McFarland, of Boone. At that time the attorneys from Eldora and Marshalltown used to follow the judges around, picking up cases. One of these attorneys was ex-Governor Eastman, of Eldora. It is reported that McFarland used to drink and one of Dow's stories of the early times is that McFarland was one day listening to an argument by Governor Eastman. McFarland was little worse for liquor and considerably drowsy and was apparently asleep, but Governor East- man was haranguing in his loud and vigorous tone, which he always used, when somebody's mule, which was hitched to the courthouse fence, commenced to bray. McFarland opened his eyes, looked at the Governor, and said : 'Hold on Governor, hold on, one at a time.'
"Mr. Dow continued actively in the practice for a great many years. His activity, however, practically terminated with his election to the Legislature in the Thirtieth General Assembly in 1902.
"Judge Mckenzie was a graduate of Michigan University. He located in Hampton in 1868 or 1869. Mckenzie was a lawyer in whom everybody had confidence. In addressing a jury it seemed that they would always place implicit confidence in what he said. He was a very successful jury lawyer, although he never attempted flights of eloquence. He was a man whom everybody liked and everybody in the county knew. It was a great loss to the county that he should have been cut off in his early manhood.
"Another attorney of some force at the bar in an early day was M. A. Leahy, who was an Ann Arbor student and a man of literary tastes. He was here in 1874 when I came but did not continue in practice over four or five years, when he removed to Wisconsin and engaged in the lumber business.
"D. W. Henley, also in Hampton about 1875 or 1876, was promi- nent as an attorney here until about 1888, when he removed to Spok- ane, Washington. Since his removal to that country he has been engaged somewhat in speculating in mining property and has been twice rich.
"J. W. Gilger located here in the '70s and although a very fine lawyer, did not succeed in building up a lucrative practice. After
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staying here a very few years, he moved to Minneapolis, where he made a very fine success in his business.
"Another of the lawyers who came about the '8os was John W. Luke. He was a good lawyer, diligent, but slow in action. He was soon elected to the Legislature, where he took a very prominent part in legislation, and after his term of office expired was appointed railroad commissioner, which place he held until his death, which occurred in the early '90s.
"Taylor & Evans (T. B. Taylor and W. D. Evans) commenced the practice of law here in the early 'Sos. The firm proved to be a very successful one, Judge Evans proving to be one of the leading lawyers of the state. His partner, Mr. Taylor, was devoted mainly to office work. We have before referred to Judge Evans as being at that time one of the supreme judges.
"David Evans, of Pipestone, a brother of Judge W. D. Evans, located in Hampton in 1892. He at once took a front rank as a lawyer and continued as one of the leading members of the bar until his death, which occurred in 1913.
"Those not practicing long in the county were: J. Y. Luke, a son of J. W. Luke, now of Ames; Frank Marble, J. H. Bland, Walter Church, F. A. Harriman and W. F. Harriman."
Most probably no one of any consequence has been omitted in this above review of the bench and bar by Mr. Hemingway. He has simply given his recollections and impressions of the men who "wore the ermine and carried the green bag;" men of the profes- sion who came under his notice within the past four decades. And now, something should be said of the earlier lawyers of the Franklin county bar, those who were here in the practice soon after the county was organized and was given a court of record of its own.
Credit is given Robert F. Piatt as being the first lawyer to locate in Franklin county. He was admitted to the bar at Williamsport, Pennsylvania, and in 1855 came to Franklin county, having cousins here in the persons of Herman and Charles Allen. The county had just been organized and he was the first lawyer to make his appear- ance in the bailiwick. Piatt took up his residence at the home of Judge Reeve and as soon as the county seat was located at Hampton he removed there. Sometime thereafter Piatt became restless and eager to escape trouble arising over money matters and went further west.
Q. A. Jordan was the first (acting) prosecuting attorney of
1
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Franklin county. It was suspected at the time he was here that he had not been admitted to the bar.
About the time that Job Garner platted the town of Hampton came one Samuel B. Jackson. He stayed but a short time.
P. H. Baker located at Maysville, then the leading town of the county, in 1856. He hung out his shingle as a lawyer and after a few years took up the practice of medicine.
A. H. Bridgeman, a native of New York, was here as early as 1856, taking his place as a lawyer of scholarly attainments, being a graduate from Harvard and the Albany law school. At the out- break of the Civil war, Bridgeman enlisted in the Thirty-second Iowa Infantry and after his discharge located in Buchanan county.
J. J. Layman was a native of New York, who located in Hamp- ton for the practice of law in 1858. He remained but a short time.
Daniel W. Dow, now in his seventy-eighth year, came to Hamp- ton in July, 1859. He was a native of Washtenaw county, Mich- igan, but moved with his parents to Whiteside county, Illinois. After a few years' attendance at the district schools, young Dow taught the three Rs and at nineteen took up the study of law. He was admitted to the bar in 1859 and then came to Hampton, where he has ever since made his home. Mr. Dow became quite successful in his chosen pro- fession and has always been active in the things furthering Franklin county's interests. Mr. Dow has a good Civil war record. Among other offices he has held is that of Representative in the State Legis- lature.
N. B. Chapman came to Hampton in 1859. He had been ad- mitted at Peekskill, New York. Mr. Chapman was a trained lawyer and soon acquired the best practice in Franklin county. From 1861 to 1865 he filled acceptably the office of county superintendent of schools and in 1870 moved to Grinnell.
John T. Stearns, a native of New York, came here from Cedar Falls in the fall of 1856. He was a lawyer but devoted most of his time to mercantile affairs.
Arthur T. Reeve, brother of the first settler, Judge J. B. Reeve, became one of the leading men of Franklin county. He located at Maysville in 1854, where he followed farming in the summer and teaching school in the winter. Serving bravely in the Civil war and rising to the rank of colonel, he returned to Franklin county, read law and was admitted to the bar. He then engaged in the practice of his profession. Mr. Reeve was elected or appointed to several offices of trust and responsibility.
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A. J. Kellam was a native of the state of New York. Coming West, he located at Delavan, Wisconsin, whence he removed to Hamp- ton in 1871 and with J. F. Latimer opened the Franklin County Bank. Ten years thereafter, having read law in the meantime, he was practicing at this bar and for some time was associated as a partner with John H. King and D. W. Henley. Mr. Kellam was regarded in his profession as one of the ablest lawyers in the North- west. He was a brilliant thinker and speaker. In 1882 he removed to Chamberlain, South Dakota, and soon thereafter was elected to the supreme court of that state and served as one of the supreme judges for eight years. Retiring from the bench, he took up the practice of his profession in 1896 at Spokane, Washington, and con- tinued therein with great success until his death, which occurred in June, 1909, having arrived at the age of seventy-one years.
J. D. Giffin located in Hampton for the practice of law in 1873. After a period of nine months he went to Marion, in Linn county, and in 1882 was elevated to the bench in the eighth judicial district.
The following comprise the present bar of Franklin county : Hampton, E. P. Andrews, B. H. Mallory, J. M. Hemingway, H. C. Liggett, Ralph R. Stuart; J. J. Sharpe, the present county at- torney ; D. W. Dow; Robert L. Saley, E. E. Clock and Sherwood A. Clock, who constitute the firm of Clock, Saley & Clock; Sheffield, C. F. Johnston.
CHAPTER XIV
NEWSPAPERS EARLY IN FRANKLIN COUNTY-MANY ABLE MEN CON- NECTED WITH THEM-THE RECORDER THE PREMIER-SKETCH OF L. B. RAYMOND.
The press of a community reflects the tone, character and senti- ment of its people. It is justly considered among the most impor- tant institutions of every city, town and village. The people regard their particular newspaper as of peculiar value, not merely on ac- count of the facts already alluded to, but because the paper is the repository wherein is stored facts and events, the deeds and the say- ings that go to make up the local history. One by one these things are gathered and placed in type; one by one the papers are issued ; one by one the papers are gathered together and bound, and another volume of local, general and individual history is laid away, im- perishable. The volumes thus collected are the sources of research for the historian and are often referred to by the editor himself. The local press, as a rule, reflects the business enterprise of a place, and judging from this standard, the enterprise of the citizens of Franklin county is indeed commendable. Its papers are well filled though not overcrowded, with advertisements of home merchants and of its business affairs. No paper can exist without these ad- vertisements and no community can flourish as it should that does not use the advertising columns of its local papers.
FRANKLIN RECORD
Thomas Drummond, of the Vinton Eagle, visited Hampton in the fall of 1858 for the purpose of securing the delinquent tax list for publication, there being no newspaper in the county at that time. The field looked good to him for the establishment of a paper and on his return home mentioned the matter to Stephen M. Jones, who was a "typo" in the Eagle office. Jones became enthused with the idea and persuaded M. S. Bowman, a young Vinton acquaintance,
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to join him and come to Hampton. Securing the old material of the Eagle, certain of the business men of Hampton were apprised of the new venture and about the middle of February, 1859, George Ryan, Isaac Miller and James Thompson sent teams to Vinton and brought the printing outfit to this place. Jones followed about two weeks later with his family and set up the office of the Franklin Record in a little frame building on a vacant lot that stood on the site of the present Baptist church. On Monday, March 28, 1859, the first issue of the Franklin Record was published. It was a six column folio, all home print, as that was the days before the advent of "ready prints."
The Record compared quite favorably in make-up and general appearance with the neighboring papers of the day. On the edito- rial page, of course, was the salutatory. Here also were published the few locals obtainable. On the same page appeared a column and a half article on the schools by the county superintendent, W. N. Davidson. There were two columns of reading matter on the third page and a list of advertised letters at Maysville, signed by the post- master, William C. Boyles. The firm of Thompson & Beed was represented by a column of advertisement and there were quite a number of local notices.
The Franklin Record did not appear regularly, and in 1863 went out of existence. The founder, S. M. Jones, lived for many years in Hampton and was one of its early postmasters. Mr. Jones died in September, 1908, at the age of seventy-one years.
FRANKLIN REPORTER
In 1866, J. Cheston Whitney bought the material of the Frank- lin Record for $350, and established the Franklin Reporter, the first issue making its appearance May 1, 1866. This paper was a six column folio, all home print, and was mailed to subscribers at $2 per year. Soon after founding the Reporter, L. B. Raymond joined Mr. Whitney in the editorial work and took full charge of the edu- cational department. He remained in this capacity until 1867, when he was succeeded by N. B. Chapman, county superintendent of schools, and one of the leading attorneys of the place. May 9, 1867. the Reporter was enlarged to a seven column folio and again enlarged in 1872 as a six column quarto, continuing as such until April 3d, when the Hampton Free Press was purchased of L. B. Raymond and
WINDSOR BUILDING ERECTED IN 1913. HOME OF THE RECORDER
PHOENIX HOTEL Built in early day; dismantled in 1912. Windsor building stands on the site
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merged with the Reporter. The name was then changed to the Frank- lin Recorder.
FRANKLIN RECORDER
The Franklin Recorder was simply the Reporter and Free Press under a new name. It was published under the management of Mr. Whitney until May 29, 1872, when J. C. Harwood, theretofore editor of the Winnebago Press, purchased a half interest in the paper and the firm name became Whitney & Harwood. In August, 1876, Mr. Whitney withdrew and sometime afterward engaged in publishing the Chronicle. Harwood remained as the editor and publisher of the Recorder until the Ist of January, 1878, when he sold the plant to Col. T. E. McCracken and soon thereafter removed to Wright county. Mr. Whitney died at Minneapolis, February 26, 1905.
Immediately after coming into possession of the Recorder, Colo- nel McCracken made arrangements with L. B. Raymond, then editing the Hampton Leader, whereby the two papers were con- solidated under the name of the Franklin County Recorder, the firm name becoming McCfacken & Raymond. This made of the Recorder a consolidation of three papers-the Franklin Recorder, the Hampton Free Press and the Hampton Leader-and the policy of the editors was promulgated in an editorial in which it was stated the Recorder should always be republican in its partisan affiliations. The form of the Recorder was changed from a six column quarto to a nine column folio, all home print.
The partnership between T. E. McCracken and L. B. Raymond continued until January 1, 1880, when Mr. Raymond purchased the interest of his partner and assumed full control. Mr. McCracken removed to Webster City. Of Mr. Raymond, a sketch will be found further along in this chapter, written by an admiring hand, that of his associate in business for many years-I. L. Stuart, present editor and proprietor of the Recorder, who also penned the following for publication, at the time of the dissolution of the partnership between Mr. Raymond and himself, which occurred January 7, 1910.
"Thirty years today is a long period for one man to be identified with a newspaper as one of its editors and publishers. This is the record of L. B. Raymond, senior member of the firm of Raymond & Stuart. whose retirement from business we are called upon to chronicle in this week's issue of the Recorder.
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"On January 7, 1880, Mr. Raymond purchased the paper and managed it alone until the fall of 1884, when he formed a partner- ship with the writer, who for three years previous had been foreman in the office. This partnership continued unbroken for more than twenty-five years, or until last Friday, January 7, 1910, when Mr. Raymond sold his interest in the paper to his partner.
"The reason of Mr. Raymond's retirement is well known to the citizens of Hampton. Nearly two years ago (in 1908) he suffered from a stroke of paralysis, which has disabled him for work. He has become satisfied that there is no reason for him to hope or expect restoration to health at his advanced age, and in response to his wish and desire, the writer has purchased his interest and thereby become sole proprietor of the paper. The severing of this long time partnership that has been mutually enjoyed during all these years was like breaking home ties.
"The readers and patrons of the Recorder may rest assured that the policy of the paper as adhered to in the past will be continued; in politics, always reliably republican. We want peace to prevail within the ranks and while differences may arise we are willing always to remain with the majority, for it is safe to assume that the majority is nearer right than the minority.
"To the hundreds of subscribers who have year in and year out stood by the Recorder we desire at this time to extend our heartfelt thanks. Your friendship and loyalty is duly appreciated and we shall endeavor to conduct the paper in the future in a manner that will merit a continuance of your patronage. What we desire most of all is to give the people a home paper that is clean and our aim will be to make the Recorder better as the years go by.
"We have no differences to perpetuate, nor enemies to punish, and hope that we may regard all as friends. The Recorder will in the future, as in the past, remain loyal to the interests of Hampton and Franklin county and all that we expect or ask in return is fair treatment."
I. L. Stuart has carefully and consistently followed the lines laid down for himself in the foregoing. His endeavor to publish a clean and loyal local newspaper has met full fruition. The plant of the Recorder is one of the best country papers in the state of Iowa, and was installed in a splendid, modern new home in the basement of the Windsor building in May, 1913.
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HAMPTON FREE PRESS
This paper was established at Hampton in 1869, by L. B. Ray- mond, the first issue making its appearance on October Ist of that year. Mr. Raymond continued the publication with the exception of a few months, when G. H. Brock took charge and remained until April 3, 1872; the office was then purchased by J. C. Whitney and consolidated with the Recorder.
MAGNET
W. C. Eaton established the Magnet, a six column folio, in 1871. He sold the paper to J. C. Whitney in 1876 and the new proprietor changed the name to that of the Chronicle. Mr. Eaton removed to Northwood, Worth county.
THE CHRONICLE
The first issue of the Chronicle appeared on the 2d of August, 1876, its editor and founder being J. Cheston Whitney. The Chron- icle was a well printed and ably edited six column quarto and was practically a continuation of the Magnet under a new name. Mr. Whitney remained as its editor and proprietor until January 4, 1879, at which time he took into partnership his son, C. E. Whitney, the firm name then becoming J. C. Whitney & Son. The Whitneys edited and published the Chronicle until 1884, when C. S. Guilford pur- chased the property. Frank P. Morgan, an able and fluent writer, founder of the Sheffield Press, became identified with the Chronicle at this time and the associated force and abilities of himself and Mr. Guilford made of the paper a synonym for cleanliness and thorough- ness in journalism that was appreciated by the reading public during the six years of its continuation.
The interest of C. S. Guilford in the Chronicle was disposed of to S. H. Shoemaker, August 7, 1890. After a period of four years Shoemaker sold the paper to T. H. Haecker, who ably and conscien- tiously filled the editorial chair until December 1, 1897, when T. W. Purcell came into possession. Five years after purchasing the Chron- icle Mr. Purcell, with others, organized and incorporated the Pur- cell Printing Company, himself taking a major portion of the stock. Dr. J. C. Powers was elected president and T. W. Purcell secretary Vol. I-14
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and manager. The plant is now installed in a handsome new home and is under the personal management of Mr. Purcell.
HAMPTON LEADER
L. B. Raymond was founder of the Hampton Leader, the first issue of which appeared December 28, 1877. The Leader was pub- lished one year, when the paper was merged with the Franklin County Recorder under the management of McCracken & Raymond. Previ- ous to this time, in 1870, James Thompson established the Real Es- tate Journal, which only ran for a short time under the management of Mr. Thompson. He disposed of his interest to Davidson & Com- pany and after several months' existence the publication was discon- tinued.
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