History of Franklin and Cerro Gordo counties, Iowa and biographies of representative citizens. History of Iowa, embracing accounts of the pre-historic races, Part 21

Author: Union Publishing Company (Springfield, Ill.) pbl
Publication date: 1883
Publisher: Springfield, Ill. : Union publishing company
Number of Pages: 990

USA > Iowa > Cerro Gordo County > History of Franklin and Cerro Gordo counties, Iowa and biographies of representative citizens. History of Iowa, embracing accounts of the pre-historic races > Part 21
USA > Iowa > Franklin County > History of Franklin and Cerro Gordo counties, Iowa and biographies of representative citizens. History of Iowa, embracing accounts of the pre-historic races > Part 21

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

"The first year or two was not encour- aging to him. He lacked the pushing forward and self-sufficient manner that brings so many young lawyers to the front, especially in the west ; but he was during all this time a close student, and finally it began to be known that this pale faced, quiet young man was a well-read lawyer, a safe counselor, and above all, an honest, upright man. From about the first of the year 1870, his practice steadily increased until, when at his nomination for district judge, he stood confessedly at the head of the bar in Franklin county. He was never an office seeker, although he was for three years president of the school

board of the independent district of Hamp- ton, and, in 1876, was a delegate to the National Convention at Cincinnati that nominated Hayes. July 10, 1878, he was nominated for district judge for the elev- enth judicial district at the convention held at Fort Dodge, and was elected at the October election following by a ma- jority of 2,336 over Hon. H. E. J. Board- man, a well known and popular lawyer, which was 480 ahead of the State repub- lican ticket in the district. In January following he assumed the duties of his office, and from that time until failing health compelled his resignation, he dis- charged the duties of his office with in- dustry and fidelity, and showed a rare adaptation to the position. In fact he possessed in perfection the qualities that go to make a good judge, and if his life and health had been spared he would have made for himself a bright record as a judge and achieved distinction on the bench.

"Judge Mckenzie was, while eminently a just man, also a kind-hearted and phil- anthropie one, and public-spirited and liberal even beyond his means. He was a member of the M. E. Church and met death without a doubt as to the fu- ture. In December, 1871, he was married to Delia Ilemingway, of Ann Arbor, Mich., and she remains with four children, a boy and three girls, to mourn the loss of the kind husband and father. About a year ago he was taken with bleeding at the lungs, but continued to discharge his duties until March, when he became so much worse that he came home and took to his bed. He recovered sufficiently to take a trip to Tennessee in May, going

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from thence to Michigan, where he spent the summer and then returned home, hav- ing abandoned all hope, and, as he said himself, 'Only waiting for the end.' From that time he gradually grew weaker and weaker until when death did come to him it must have come as a relief.

"Other citizens of Hampton may become more distinguished than he and achieve greater notoriety and even popularity, as the world goes, but no one will ever hold a stronger place in the hearts of our peo- ple and of all who knew him than J. W. McKenzie."

In reference to the incident upon which the song of "Hold the Fort" is based, the following facts are given: Altoona Pass, an insignificant station on the Chattanooga & Atlanta railroad, is located at the foot of the mountains from which it derives its name. A railroad pass has been cut through one of the foot hills of the mount- ains and is named after the station. While General Sherman was investing Atlanta, he had established a depot of supplies for his army at Altoona Pass, and on the 4th of October, 1864, there were about 1,500,- 000 rations stored here. The Pass was guarded by the 93d Illinois regiment and detachments from the 4th Minnesota and 18th Wisconsin regiments. The two forts, one on either side of the railroad pass, were garrisoned by the 12th Wis- consin Battery, with six ten pound guns; the entire force being under command of Lieutenant Colonel Tourtelotte, of the 93d Illinois. At this time, General Sherman's army was marching towards the Pass, but was yet beyond Kenesaw, eighteen miles from Altoona. During the night of Oct. 4, the forces at the Pass were re-inforced

by the arrival of General Corse, with the 7th Illinois, and another detachment of the 4th Minnesota. The enemy was ad- vancing from the south, destroying the railroad and telegraph lines, and the only communications to be had with General Sherman, and his army, was by means of the signal corps, a detachment under Lieu- tenant Allen, having been sent to Altoona some weeks previous, for that purpose. Upon the arrival of General Corse, he took command of all the forces at Altoona, numbering less than 2,000 all told. By daylight, on the 5th of October, the little garrison was completely invested by French's division of Stewart's Confederate corps, numbering 8,000 men, and a large force of Cavalry. As soon as it was light enough to enable the gunners to sight their guns, the Confederates opened fire upon the forts from a battery occupying a commanding position. The fire was im- mediately answered by the 12th Wisconsin Battery and a brisk cannonading was kept up for the next two hours. During this time, Kenesaw was enveloped in a mist so dense that the signals could not be seen. At half-past 8 o'clock the Federals were summoned 'to surrender, and upon their refusal, the Confederates assaulted the forts with great fury, charging through the town and up the sides of the hill, nearly to the Union lines. About ten o'clock, and while the fight was raging, the mist cleared away from the brow of Kenesaw, and the signal flags, for which the besieged had been anxiously waiting, were plainly visible through the telescope. Sherman was calling to the invested forces. At first it was only necessary to signal a recognition, which was done by waving

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HISTORY OF FRANKLIN COUNTY.

the flag above the parapet and without exposure. Then came from Kenesaw the famous message, "Hold the Fort for I am coming. Where is Corse?" signed, Sher- man. When this message was communi- cated to General Corse, he said to J. W. MeKenzie, who was in charge of the sig- nal squad, "Tell Sherman that I am here, and we can hold the fort." To send this message to Sherman, required that some one should mount the parapet of the fort, and in plain view of the enemy, exposed to a merciless fire, signal, letter by letter, each word of the message. Mckenzie called for volunteers. One of the men answered, "I will go if I am ordered but will not volunteer," and then MeKenzie, with noble self-sacrifice, seized the flag, stepped into an embrasure, from there climbed up to the parapet, and with the shot and bullets falling like leaden hail about him, waved the message back to Sherman.

H. C. Henderson, the present judge of the eleventh judicial district, is a native of Virginia, and comes of a family who were quite prominent in that common- wealth. His father was an old-line whig and quite intimate with Henry Clay, John Bell, and other noted politicians of that school. The family, or a portion of it, moved to Illinois at an early day; one of the members of it having since attained a national reputation-Thomas J. Hender- son, colonel of one of the Illinois regi- ments during the rebellion, and subse- quently a member of Congress from that State. While residing in Illinois, H. C. read law and was admitted to the bar. For several years he practiced his profes- sion in Rock Island in that State, from

which place he removed to Iowa, about 1856, locating in Marshalltown. Here he gained a large practice and quite a reputa- tion throughout the State, as a lawyer and as a politician. He is also a radical pro- hibitionist. On the death of Judge Me- Kenzie he was appointed by the governor of the State to fill the vacancy on the bench in this district. The position he has filled in a satisfactory manner, so much so as to secure him the nomination and election for the full term, beginning Jan. 1,1883.

CIRCUIT COURT.

By an act of the General Assembly, passed and approved April 3, 1868, circuit courts were established in this State, and each judicial district was divided into two circuits, in each of which, at the general election in November, 1868, and every four years thereafter, a circuit judge should be elected. Four terms of court were provided per year in each county in the circuits. By this act the office of county judge was abolished, and all busi- ness pertaining to that office was trans- ferred to the circuit court, which was also to have concurrent jurisdiction with the district court in all civil actions at law, and exclusive jurisdiction of all appeals and writs of error from justices' courts, mayors' courts, and all other inferior tri- bunals, either in civil or criminal cases. Franklin county, together with the coun- ties of Hardin, Hamilton, Webster, Wright, Marshall, Story and Boone, were made the second circuit of the eleventh judicial district.

Samuel L. Rose, of Hamilton county, was the first circuit judge. He was elected in the fall of 1868. Samnel L. Rose was

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HISTORY OF FRANKLIN COUNTY.

born in Augusta, Oneida Co., N. Y., on the 19th of December, 1818. His father was Dr. Nathaniel Rose, and one of the ances- tors of his mother (whose maiden name was Abigail Knowles) came over in the Mayflower. The paternal grandfather of Samuel was a victim of the Indian massa- cre at Wyoming, Pa. The early years of young Rose were spent in schools, he entering Augusta Academy at an early age, and remaining in it until he was eighteen, excepting one winter, when, at the age of sixteen, he taught school at Kennett, Chester Co, Pa. Among his pupils that season were Bayard Taylor and Mr. Wickersham, since State superin- tendent of public instruction in Pennsyl- vania. Mr. Rose began the study of med- icine before leaving the academy, but at nineteen abandoned it for the study of the law, reading at first with Judge Beardsley, of Utica, and then with Hon. Timothy Jenkins, of Oneida. He was admitted to the bar in 1841, and practiced in his native town until 1850. During the last named year he moved to Beaver Dam, Wis., where he rose to eminence as a lawyer, giving, meanwhile, part of his time to railroad matters. In December, 1857, he removed to Milwaukee, where he engaged more extensively in railroading, and was at one time president of the Milwaukee and Western Railway Company. In 1862 he crossed the Mississippi, halting one year at Fort Dodge, Iowa, and then loca- ting at Rose Grove, in the adjoining coun- ty of Hamilton, fifteen miles from the county seat, where he now has one of the loveliest homes in this part'of the State. A farm life has long been his choice. He has some 600 acres under improve-

ment, and raises a great deal of fruit. Mr. Rose was elected judge of Dodge county, Wis., before he was a voter in that State, and served nntil 1856, when he resigned. He was a member of the Wisconsin legislature four years, two in each house, and was one of the most prominent men in that body. Mr. Rose was the first postmaster at Rose Grove, and held the office six years. He was chairman of the board of county super- visors for six years. While a resident of Wisconsin, he was a part of the time very active in educational matters. He aided in founding Wayland University, at Beaver Dam, and was the first president of its board of trustees. For six years he was one of the regents of the Univer- sity of Wisconsin. Mr. Rose belongs to the Masonic and Odd Fellows orders. He was a democrat of free soil proclivities until 1856, since which date he has been a republican. As a judge, Mr. Rose gave satisfaction to the bar and public. He served the full term of four years.

J. H. Bradley was the successor of Judge Rose, and was elected in the fall of 1872, entering upon the discharge of his duties in January, 1873. IIe was re-elected in 1876, and served his second term, ending January, 1881. Judge Brad- ley made an able and impartial judicial officer, and was generally esteemed by both bar and people. For several years previous he had been prosecuting attorney for the district, and his qualifications were therefore well known by all.

D. D. Miracle was elected successor of Judge Bradley, in the fall of 1880. His

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qualifications as a judge are indisputable, and as a man he is highly respected. He is a resident of Webster City, and is a brother-in-law of Judge D. D Chase.

COUNTY COURT.

In 1851, by an act of the General As- sembly, county courts were established and the office of county judge created. By the same act the office of probate judge was abolished, as were also the offices of county commissioners; the duties

of the commissioners and probate judges devolving upon the county judge. The county of Franklin, not being organized until 1855, had no probate judge nor county commissioners. The first county judge was James B. Reeve, one of the first settlers of the county Upon Judge Reeve 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 county government.

CHAPTER VII.

THE BAR OF FRANKLIN COUNTY.

There is no class or profession which has more influence in social and political matters than the bar. Even the press, which wields a mighty power among the masses, does not surpass it, as matters treated by them are generally local and varying. The pulpit, a great worker for good, is more devoted to the moral and spiritual welfare of man. But the profession of law embraces all under one grand aim. Upon the few principles of natural justice is erected the whole superstructure of civil law tending to re- lieve the wants and meet the desires of all alike. The grand object of law is equal justice to all, not technicality ; although the latter must be strictly adhered to, to preserve the supremacy of law. The laws are formed as exigencies arise demanding

them, by the representatives of the people. Change is necessary. The wants of the people of to-day, and the lawful restraints to be thrown around those of the present age, differ from those of former years. They are too lenient or too severe-in one case to be strengthened, in the other, modified. The business of the lawyer does not call upon him to form laws, but it lies with him to interpret them, and to apply them to the daily wants of men. Every matter of import- ance, every question of weight among all classes and grades, come before him in one form or another, for discussion. Hence, the lawyer is a man of to-day- posted upon all matters pertaining to the age in which he lives. His capital is his ability and individuality, and he cannot

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HISTORY OF FRANKLIN COUNTY.

bequeath them to his successors. They die with him, or live in the memory of his deeds and sayings.

In early days business was not so great in extent as to occupy the full time of the lawyer. Suits were not so numerous or remunerative as to afford him a comforta- ble living for himself and family, and often other occupations had to be taken in connection to swell the slender income. As a rule the lawyer became a politician, and more of the prominent lawyers of those days went to Congress and the State legislatures, than at present. The people demanded their services, and they were glad to accommodate the people. To-day the profession stands at the head, almost of all others, and the good lawyer must always be prominent, as he is one of the forces which move, control and protect society. There have been, and still are, able and prominent men practicing before the courts of Franklin county-men who were an honor to the profession to society and to the county.

In this chapter is presented a sketch of every lawyer who located in Franklin county and followed the profession of law. None are omitted intentionally, and of some, more would gladly have been said had material been accessible.

THE BAR OF THE PAST.

Among those who located in Franklin county, and practiced law, who have either moved away, quit practice, or are deceased, are the following : R. F. Piatt, Samuel B. Jackson, Q. A. Jordan, T. H. Baker, A. H. Bridgeman, W. N. Davidson, J. J. Layman, N. B. Chapman, M. A. Leahy, John T. Stearns, Col. A. T. Reeve, Maj A. G. Kellam, John H. King, J. D.

Giffen, J. H. Bland, J. T. Haight and J. W. Gilger.

In an early day M. M. Trumbull, of Clarksville, Butler county, was connected frequently with law cases in this county. He was a young man and full of fun. When he came to Franklin county he would often stop with C. M. Leggett, and he happened along once just in time to help Leggett out of trouble. Leggett had a neighbor named Webster, who lived across the creek, and who had a large herd of cattle. The cattle were troubling Leggett in the fall by getting into his corn field, but as there was no herd law in those days it was almost impossible to get any redress. Finally, some of Webster's cattle threw down the fence and Leggett's own cow got in and ate so much corn that she died from the effects thereof. Leg- gett was the only justice of the peace in the county, and before whom to sue Web- ster he could not imagine; but Trumbull came along, stopped over night, and to him Leggett confided his troubles. Trum- bull went to work and drew up a notice to Webster, citing him to appear before Judge Reeve, the county judge, at the next term of court, and told Leggett to go over and serve it. " But the county judge hasn't any jurisdiction in such cases," says Leggett. "That makes no differ- ence," says Trumbull, "the chances are ten to one that he don't know it." Ac- cordingly, Leggett went over, and with great pomp and ceremony read his notice to Webster. This scared Webster, and he began negotiations for a compromise forthwith, which ended by his giving Leggett another cow, and paying for ex- tra trouble and attorney's fee besides,

Ho Ho Thompson.

- THE NEW YORK PUBLIC LIBRARY Astor, Lenox and Tilden Foundations.

HISTORY OF FRANKLIN COUNTY.

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which Trumbull donated to Leggett, as perhaps his (Trumbull's) conscience would not allow him to take money for such ad- vice.

About the first attorney to locate in Franklin county was Robert F. Piatt. He was a native of Williamsport, Pa., was well educated, being a graduate of Mifflinbarg Academy. He afterwards studied law, and was admitted to practice in Williamsport. Having relatives in Cedar Co., Iowa, he came west in 1855, and being a cousin of Herman and Charles Allen, he came " to view the prospect o'er" in Franklin county. He found it just or- ganized, but no lawyer, and thinking that here was a field that offered good induce- ments, he put up at Judge Reeve's, and speedily was the legal adviser of the offi- cials of the new county, and of everybody else who desired legal advice. He was a good penman and everything that he made a record of was neatly done and in a business like manner. The first entry in the county judge's minute book was written by him. In the spring, after the location of the county seat, he removed there and became intimately connected with the official growth of Franklin county. He afterwards got into financial trouble and left the county, going still farther west.

Samuel B. Jackson was among the very first attorneys to locate at Hampton, arriv- ing here about the time the town was platted. He was a young unmarried man, and " boarded 'round" during his short stay. Where he went or what has become of him is unknown.

Q. A. Jordan was the first prosecuting attorney of the county, but whether he

had ever been admitted to the bar is un- known. lle never made any pretentions in regard to the profession.

P. H. Baker came to Franklin county to practice law in 1856, locating at Mays- ville. He engaged in the profession for a number of years and then began the practice of medicine, which he has since continued.

In 1856 the legal profession of Franklin county received an additional member, in the person of A. H. Bridgeman, who came from New York State. Mr. Bridgeman was highly educated, having graduated as third in his class from Harvard Uni- versity. He was also a graduate of the Albany Law School. At the beginning of the war he enlisted in Company H, 32d Iowa Infantry, and after his discharge from service went to Buchanan county, this State.

W. N. Davidson came to Franklin. county in 1857, and located first at Mays- ville. In 1858 he removed to Hampton and in November of that year, was ap- pointed county superintendent of schools and was elected to the same office in 1859. He commenced the practice of law with but little preparatory study ; but being a diligent student and a close observer, he became well posted in his profession. Mr. Davidson was not a thoroughly edu- cated man, but he had an indomitable will that knew no such thing as " fail. " His likes and dislikes were intensely strong, and, as his temperament was not such as was calculated to make him friends or extend his acquaintance, he did not achieve that success here that his talents entitled him to, although he built up a good practice and accumulated consider-

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HISTORY OF FRANKLIN COUNTY.

able property. It is said of him that he became one of the best special pleaders in the State of Iowa. His forte lay entirely in the preparation of a case. He was a fine writer and his papers and documents were faultless. Mr. Davidson was a very eccentric man ; he would meet a friend on the street and would shake hands in the most friendly manner ; but the next day meeting the same person he would never show the least sign of recognition ; his mind being at times so concentrated on some particular business that he would pass his best friends without noticing their presence. He was gifted with a poetical mind and would sometimes sit and allow his imagination to soar at will for hours. fle published a book of origi- nal poems, replete with poetical thought and grand flights of imagination. In 1875 he went to Ackley, Hardin county, and from there removed to Bloomington, Ill., where he ran a democratic news- paper for about a year. He then went to Luverne, Minnesota, where he has since been judge of the probate court.

The next lawyer to locate in Franklin county, was J. J. Layman. He was a native of Elmira, N. Y. and came here in 1858. From here he went to Cedar Falls and engaged in the insurance busi- ness. On the breaking out of the rebell- ion, Mr. Layman returned to Elmira, N. Y., and was commissioned as colonel of a New York regiment.

The next lawyer to commence practice in the county, was N. B. Chapman, who came to Hampton in 1859, from Rockford, Floyd county, this State, where he had made his home for three or four years. He was originally from Peekskill, N.

Y., where he had studied law and was admitted to the bar. He entered upon the practice of his profession here, and soon had the best law practice of any attorney in the county. In 1861, he was elected county superintendent of schools, and was re-elected in 1865. Mr. Chap- man was a genial, open hearted gentleman and had many friends in the county. He removed to Grinnell, Iowa, in 1870, from there went to Iowa City, and from the lat- ter place removed to Atlantic, Cass county, where he and his son opened a law office, and now enjoy a good practice.

M. A. Leahy, came to this county in 1868, and during his first winter taught school at Chapin. The next winter he taught the Reeve school in Reeve town- ship. In 1870, he located at Hampton, where he opened a law office. In 1871, he was elected to the State legislature from Franklin county, and re-elected in 1873. During his second term, he was chairman of the judiciary committee, the most important committee of the General Assembly. In 1878, Mr. Leahy entered into partnership with Colonel Reeve, in the practice of law, giving most of his attention, however, to the real estate and insurance business. Mr. Leahy entered the Union army and served in a Wiscon- sin regiment until the close of the war, coming out of service as a captain. He was a fine scholar, having graduated from the Wisconsin State University, and from the law department of the Michigan Uni- versity. He was a man of good moral character and was respected by the whole community. He was a good stump speak- er, and in later years, was the acknowl- edged leader of the greenback party in

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HISTORY OF FRANKLIN COUNTY.

this county. Mr. Leahy is now located in Wausan, Wisconsin.

John T. Stearns must also be noted among the lawyers of Franklin county, although he never devoted his whole at- tention to practice. He was a native of Rensselaer Co., N. Y., ;born April 0, 1841. In 1856 he removed with his parents to Black Hawk Co., Iowa, his father settling upon a farm just east of Cedar Falls. In November, 1856, John entered the store of T. B. and H. II. Car- penter, at Cedar Falls, and when, in March, 1859, they decided to start a branch store at Hampton, they placed John, then only eighteen years old, in sole charge of the business. The room occupied was one directly adjoining the Hampton House, and afterwards became a part of it. Stearns bought the first wheat, and the first dressed hogs ever sold to any dealer in this county. The wheat he stored in a little house that stood where Dr. J. H. IIutchins now resides, on Iowa street. In the spring of 1863, the Carpenter brothers closed out their store here, and John returned to Cedar Falls, but soon went to Dubuque, and seeured a place as salesman in the house of John Bell & Co. But in 1864 he left and started a clothing store at Iowa Falls, and in 1865 sold out and came back to Hampton, entering into trade again at the same old stand. In the spring of 1866 he was appointed post- master at Hampton, and in the fall of 1866 erected and moved into the building which was afterward occupied by Isaac Robin- son. In 1867 he sold out this establish- ment, and went into the hardware and agricultural implement business. From 1869 to 1873 he engaged in the real estate

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History of Franklin and Cerro Gordo counties, Iowa and biographies of representative citizens. History of Iowa, embracing accounts of the pre-historic races, Part 21

Author: Union Publishing Company (Springfield, Ill.) pbl Publication date: 1883 Publisher: Springfield, Ill. : Union publishing company Number of Pages: 990

Author: Union Publishing Company (Springfield, Ill.) pbl
Publication date: 1883
Publisher: Springfield, Ill. : Union publishing company
Number of Pages: 990