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 66
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 66
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him, in company with Capt. Hewitt, to locate in Cerro Gordo county, which at that date was with Floyd county The two families, Diekirson's and Hewitt's, first pitched their tents on the shores of Clear Lake, July 14, 1851, and commenced mak- ing for themselves homes. At that time there was not a single white man west of the Cedar river, and north of the present line of the Illinois Central Railroad. Mr. Dickirson still lives in this section of Iowa -residing at Britt, but owning property at Clear Lake. He looks out over a land of wealth and improvement, with all the advantages of civilization and com- fort. What a vast change ! He points ont places where he killed buffalo and elk but a short time ago, where now stand waving wheat fields, and fine bearing orchards, and the sound of the church bell, together with the merry laugh of hundreds of school children, bespeak of a more advanced civilzation.
From the earliest history of this county the Sionx and Winnebago Indians were at war and deadly enemies, murdering each other wherever found, and each tribe claiming this country as their hunting grounds. Many years ago the government sought to stop their wars, and drew an im- . aginary line from the mouth of the Wis- consin river directly west across the ter- ritory of Iowa, and prohibited the Sioux from coming within twenty miles of it from the north, or the Winnebagoes from the south, thus making a strip of territory forty miles wide of neutral ground be- tween them, and Clear Lake in the centre.
Before coming to Clear Lake, Capt. Hewitt had for many years been a promi- nent Indian trader, and was well known
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HISTORY OF CERRO GORDO COUNTY.
among them. Speaking their language, and being well acquainted with their habits, he was a great favorite among them. Learning of his location at Clear Lake, several families of the Winnebagoes followed him to the lake in the winter of 1853-4. The Sioux, who lived farther north in Minnesota, learning that some Winnebagoes had come upon the neu- tral grounds, determined to exterminate
them. About 500 of them came down during the summer of 1854, and for some time feigned to be very friendly with the whites and Winnebagoes,eating and smok- ing the peace-pipe with them. A prom- inent Winnebago brave named To-shan- e-ga (Otter in their language) suspicioned their intentions, and wanted the white settlers to use their influence with the Sioux to protect them.
CHAPTER VII.
JUDICIAL.
In this chapter it is designed to trace the various changes of judicial districts affecting Cerro Gordo county, and present sketches of the various presiding officers who have administered justice to the people.
DISTRICT COURT.
When Cerro Gordo county was organ- ized in 1855, it became a part of the tenth judicial district, which was created about the same time. The district was then composed of the counties of Cerro Gordo, Allamakee, Chickasaw, Clayton, Fayette, Floyd, Howard, Mitchell, Winneshiek and Worth. These counties, with the excep- tion of Cerro Gordo and Worth, and the addition of Bremer and Butler, became the tenth judicial district in 1858. Samuel Murdock was the first judge of the tenth district. He was elected April 2, 1855, and commissioned May 3, 1855.
The first term of the district court held in Cerro Gordo county, was in June, 1857,
and was presided over by Hon. Samuel Murdock, judge of the tenth judicial dis- trict. There were present, besides the judge, N. W. Stackhouse, sheriff, and E. D. Huntley, clerk of court.
The first petit jury was composed of the following named: J. M. Hunt, Chancey Lugard, James H. Tucker, Joseph Wood, McCullom Russel, Alfred Taylor, Elisha Randall, James Sirrine, Wellington Ben- ton, John Blake, James G. Beebe and N. A. Knoff.
The first case upon the docket was that of Silas Card and Jacob Van Curen vs. John B. Long, county judge, for malfea- sance in office. The case had been tried before the district court of Floyd county, and John B. Long had been suspended from performing the duties of his office, as county judge. The case was continued, however, coming before the district court of Cerro Gordo county, as stated above. On the first day of the term this case came
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up for hearing, and a jury being demanded, the jurors named took their places. The parties appeared by their attorneys, and after hearing the proofs and allegations, arguments of counsel, and charge of the conrt, the jury retired to consider their verdict. After a short absence the jury returned to inform the court of their inability to agree. The court then or- dered the case continued, and also ordered that defendant be reinstated in his office as county judge and that the order sus- pending said p rty be annulled. At the same term of court, John Porter was reg- ularly admitted to practice as an attorney and counsellor at law in all district courts of the State.
George Brentner, a native of Byrne, was the first person naturalized in Cerro Gordo county. He received his papers by authority of Judge Murdock.
The first divorce was granted at this term of court. The bonds of matrimony which had existed between Frederick Hills and his wife, Catharine Hills, were severed.
The first State case was entitled the State of Iowa vs. William Coffman. The attorneys were A. B. Tuttle, of Clear Lake, and G. G. and R. G. Reiniger, of Charles City. The records do not disclose the particulars.
Hon. Samuel Murdock was born near Pittsburg, Penn., March 17, 1817. When eleven years old his father moved to Ohio, settling on a farm near Cleveland. There the son remained several years, aiding his father three-fourths of each year, attend- ing a district school the rest of the time, and completing his studies under a teacher with a few terms at an accademy in Cleve-
land. He taught school at different places in Ohio, when he went to Kalamazoo Co., Mich., in 1838, taught there one season, returned to Ohio and continued teaching, and in 1841, emigrated to Iowa. In the autumn of that year, he is found in the law office of IIon. Gilman Folsoom, Iowa City, where he remained until he was admitted to the bar in the spring of 1843. He immediately removed to Gar- navillo, Clayton county, and began prac- tice, being the first lawyer in the county. In March, 1876, he removed to Elkader, Clayton county, where he still lives. Mr. Murdock is a man of education and re- finement, and has the reputation through- out the State of being an able lawyer and a sound jurist.
Under the constitution adopted in 1857, Cerro Gordo county became a part of the eleventh judicial district, which was composed of the counties of Boone, Cerro Gordo, Franklin, Hamilton, Hancock, Har- din, Marshall, Story, Webster, Winne- bago, Worth and Wright.
John Porter was elected judge of this district in October, 1858, and re-elected in 1862. He resigned before the expira- tion of his second term, and was suc- ceeded by D. D. Chase, of Hamilton county. Judge Chase, however, never held a term of court in Cerro Gordo county, as another change was made in the districts before he took the bench, which threw this county out of his district. William P. Hepburn and D. D. Chase were dis- trict attorneys while John Porter was judge. Judge Porter is treated in the Bar chapter.
On the 4th of July, 1864, the twelfth ju- dicial district was created, and Cerro
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HISTORY OF CERRO GORDO COUNTY.
Gordo county was made, and still remains, a part of that district. The district then embraced the counties of Bremer, Butler, Cerro Gordo, Floyd, Hancock, Mitchell, Winnebago and Worth. The counties composing it remained connected with their former districts, the tenth and elev- enth, for the purpose of holding court un- til Jan. 1, 1865. On the 8th of November, 1864, William B. Fairfield, of Floyd county, was elected district judge and John E. Burke, of Waverly, district attor- ney. Judge Fairfield was re-elected in 1868, and I. W. Card, of Mason City, was elected district attorney. In 1870, Judge Fairfield resigned, and George W. Rud- dick, of Waverly, was elected to fill the vacancy.
Hon. William B. Fairfield was a native of New York, but came west early in the history of Iowa and settled in Floyd county, where he engaged in the practice of law. He was a man of commanding appearance, with a noble, open counte- nance, and was a great deal more genial and unreserved than judges usually are. He had a thorough education, was well read and had a complete understanding of his profession, although he was at the same time a man who liked to take matters easy. He resigned his position as judge in 1870, and went into the banking busi- ness at Charles City. He is now dead.
In the fall of 1870 George W. Rud- dick, of Waverly, was elected judge of the twelfth judicial district, to fill the vacancy caused by the resignation of Judge Fairfield. Judge Ruddick has been three times re-elected and still holds that position. George W. Ruddick was born in Sullivan Co., N. Y., May 13, 1835.
Until fourteen years of age he remained at home upon his father's farm, his time being spent alternately at work and in attendance at the district school. On leaving home he went to Chester, Ohio, where he attended a seminary for one year. He then went to Kingsville, Ohio, where he remained two years, then re- moved to Monticello, N. Y. After remain- ing in Monticello one year, he entered the law office of A. C. Niven, reading law with him two years and a half. In the fall of 1855 he entered the Albany Law School, graduating therefrom in April, 1856. He was then admitted to the bar. In July, 1856, he started west, and on the 18th of August, 1856, arrived at Waverly, Bremer Co., Iowa. He at once entered upon the practice of his profession, and still makes Waverly his home. Judge Ruddick is a man of fine legal ability, with a thorough knowledge and under- standing of the law, and has made an acceptable judge.
CIRCUIT COURT.
By an act of the General Assembly, passed and approved April 3, 1868, the old county court or county judge system was abolished and circuit courts were created in Iowa. Each judicial district was divided into two circuits, in each of which at the general election in 1868 and every four years thereafter, a circuit judge was to be elected. Four terms of conrt were provided per year in each county in the circuits. All business per- taining to the office of county judge was transferred to the circuit court, which was to have concurrent jurisdiction with the district court in all civil actions at law, and exclusive jurisdiction of all probate
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HISTORY OF CERRO GORDO COUNTY.
matters and appeals and writs of error from justices' courts, mayors' courts, and all other inferior tribunals, either in civil or criminal cases.
Cerro Gordo county, associated with other counties, became the second circuit of the twelfth judicial district.
Hon. H. N. Brockway, of Hancock county, was the first circuit judge of the second circuit. Hewas elected in Novem- ber, 1868, and served four years, at the expiration of which time Cerro Gordo county was thrown under the jurisdiction of the first circuit, and latterly they were consolidated.
The first term of the circuit court for Cerro Gordo county convened Feb. 8, 1869, in the court house at Mason City. Present : H. N. Brockway, judge of the second circuit, twelfth judicial district ; F. M. Rogers, clerk, and A. M. Thomp- son, sheriff. The first case on the docket was that of Rebecca Stahley against John Keller. The case being called, W. C. Stanbery, counsel for de- fendant, gave notice of filing petition for intervention, and the case was ordered continued. On the fourth day of the term, the case was again called for final hearing. Judgment was rendered in favor of Rebecca Stahley, in the sum of $29.25, which amount the wife of defend- ant was indebted to plaintiff.
Robert G. Reiniger succeeded H. N. Brockway to the circuit judgeship. HIe haa since been re-elected his own succes- sor, and is the present circuit judge. Rob- ert G. Reiniger was born in Seneca Co., Ohio, April 12, 1835, the son of Gils- tavus Reiniger, a farmer, who still lives in Robert's native county. Robert pre-
pared for college at Tiffin, near his home; entered Heidelberg College, in that city, in 1853 ; pursued miscellaneous studies for three years, reading law at the same time, and was admitted to the bar at that place in September, 1856. In March, 1857, he came west and located at Charles City, where he still lives. In May, 1861, Mr. Reiniger enlisted in the State service in one of the first companies formed in the Cedar Valley ; but the regiment it was designed for was full, and not until the July following did he get into the United States service, going out as first lienten- ant of company B, 7th Iowa Infantry. He was promoted to captain in the spring of 1863, and served until October, 1864. Re- turning to Charles City, he resumed his professional labors. On the 10th of Octo- ber, 1870, he was commissiond eireuit judge, and was elected and re-elected in 1871, 1872, 1876 and 1880. As a jurist, he is cautious, conscientious and candid ; has his prejudices, like other men, but lays them aside on the bench, and is im- partial in his decisions.
COUNTY COURT.
By an act of the General Assembly, passed in 1851, county courts were estab- lished 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 commissioners and probate judge devolving upon the county judge. The county of Cerro Gordo, not being organ- ized until 1855, had no probate judge or county commissioners. The first county judge was John B. Long, one of the first settlers in the region of Mason City. His successors were J. S. Church, George Ver-
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HISTORY OF CERRO GORDO COUNTY.
milya, Marcus Tuttle, Elisha Randall, W. E. Thompson and George E. Frost. In 1861 the office of county supervisor was created, relieving the county judge of much of the business which had previous-
ly devolved upon him. In the chapter devoted to National, State and county representation, this office is treated in detail, and personal sketches of many of · the judges will be found.
CHAPTER VIII.
THE BAR OF CERRO GORDO COUNTY.
There is no subject connected with the | sciences, the invention of new contriv- history of the county of more general in- ances for labor, the enlargment of indus- trial pursuits, and the increase and development of commerce, are without precedence, and the science of law must keep pace with them all; nay, it must even forecast the event, and so frame its laws as will most adequately subserve the wants and provide for the necessities of the new conditions. Hence, the lawyer is the man of to-day. The exigencies he must meet are those of his own time. As has often been said, his capital is his ability and individuality. terest than a faithful record of its bar. In reviewing the history of the bar it must be borne in mind that as the pros. perity and well-being of every community depends upon the wise interpretations as well as the judicions framing of its laws, therefore it must follow that a record of the members of the bar must form no un- important part in the county's history. Upon a few principles of natural justice is erected the whole superstructure of civil law, tending to meet the desires and relieve the wants of all alike. The busi- ness of the lawyer is not to make the laws, Anthony Thornton, president of the Illinois State Bar Association, in 1878, in an old address before the Association, thus speaks of the lawyer: but to apply them to the daily affairs of men. But the interests of men are diver- sified, and where so many interests and counter-interests are to be protected and adjusted, to the lawyer and judge are presented many interesting and complex problems.
Change is everywhere imminent. The laws of yesterday do not meet the wants and necessities of the people of to-day, for the old relations do not exist. New and satisfactory laws must be estab- lished. The discoveries in the arts and
"In the American State, the great and good lawyer must always be prominent, for he is one of the forces which move and control society. Public confidence has generally been reposed in the legal profession. It has ever been the defender of popular rights, the champion of free- dom, regulated by law, the firm support of good government. In times of danger it has stood like a rock and breasted the
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HISTORY OF CERRO GORDO COUNTY.
mad passions of the hour, and firmly re- sisted tumult and faction. No political preferment, no mere place, can add to the 4 power, or increase the honor, which be- long to the pure and educated lawyer. The fame of Mansfield, and Marshall, and Story, can never die. "Time's iron feet can print no ruin trace, upon. their character. Their learning and luminous exposition of our jurisprudence will al- ways light our pathway. It is our duty to preserve the prestage of the profession. The past, at least, is secure; the present and future summon us to action. With the progress of society, and the increase of population, wealth and trade, varied interests arise, and novel questions re- quiring more thought confront us. A disregard of the law has been developed, crime meets us unabashed, and corruption stands unmasked in the high places of the land. It is no fancy picture that law has, to some extent, lost its authority, and it is only the shade of that which is great. Hence new duties are imposed and a firmer courage is required. * *
The exaltation is a duty enjoined upon us. It is a debt that only death can dis- charge. Lord Bacon has said: 'Every man is a debtor to his profession; from the which, as men of course do seek to receive countenance and profit, so ought they of duty to endeavor them- selves, by ways of amends, to be a help and ornament thereto.' Every lawyer is a debtor to his profession. If worthy, it gives him an honorable character and position. The lawyer should prize and love his profession. He should value its past renown and cherish the memory of great men, whose gigantic shadows walk
by us still. He should love it for the in- trisic worth and innate truth of the funda- mental truths which adorn it."
The- bar of Cerro Gordo county has numbered among its members many who have been an honor, not only to the county but to the State, and the profession as well. In this chapter, so far as material was ac- cessible, sketches are given of each attor- ney who has practiced before the courts of the county. None are omitted inten- tionally, and of some, more would gladly have been said if material could have been obtained .. The peculiarities and person- alities which form so pleasing and inter- esting a part of the lives of the members of the bar, and which, indeed, constitute the charm of local history, are in a great measure wanting.
THE BAR OF THE PAST.
Among those who have been resident lawyers, and practiced before the courts of Cerro Gordo county, who have either died, quit practice or moved away, arc remembered the following: Thomas Drum- mond, J. S. Church, John Porter, J. W. Murphy, George and B. F. Hartshorn, J. K. Boyd, H. B. Gray, W. Scott Johnson, Dr. W. C. Stanbery, I. W. Card, N. P. Merrill, J. R. Gage, Edwin Flint, Charles Husted, Charles Mckenzie, Frank M. Goodykoontz, D. T. Gibson, Judge Ban- croft, Preston Brothers, E. W. Whittlesey, E. S. Wheeler, A. B. Tuttle, James Crow, Nathan Bass, Alexander Campbell, J. H. McConlogue and J. H. Briden.
The first lawyer to locate in Cerro Gordo county, was Thomas Drummond. He was a native of Virginia, but came here from Vinton, in 1855, with Capt. A. B. Miller. They formed a partnership and engaged
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HISTORY OF CERRO GORDO COUNTY.
in the law and real estate business; Mr. Drummond being the legal branch of the firm. Drummond was a typical Virginian, hot-blooded, of nervous temperament, and never held anything back in consideration of other's feelings, but always said what he thought should be said and let conse- quences take care of themselves. He was a fair lawyer, and a good speaker. He remained here until 1857, when he re- turned to Vinton and there engaged in practicing law and editing a newspaper. He represented his district in the State Senate, in 1860, and when the war broke out resigned to enlist, and was killed while in the service.
Jarvis S. Church located at Masonic Grove, Cerro Gordo county, in 1855. He was born in Spring Creek township, Craw- ford Co., Penn., April 2, 1830. His early education was received in the public schools, and was supplemented by courses at the Albion Academy, Pennsylvania, Kingsville, Ohio, Academy and Oberlin College. In April, 1855, he left Pennsyl- vania for Waterloo, Iowa, and commenced the study of law with Judge Randall, re- maining until the fall, when he came to Cerro Gordo county. In Angust, 1856, Mr. Church was elected prosecuting attor- ney of Cerro Gordo county. In the latter part of August, Mr. Church was admitted to the bar by the district court for Black Hawk county, and at once engaged in active practice. In November, 1856, county judge, John P. Long, was sus- pended from performing the duties of his office, and Mr. Church became acting judge, holding his first term of court on the 3d of December, 1856. He was elected to the county judgeship in August, 1857,
and remained in office until Jan. 1, 1860. In 1861 he was appointed enrolling officer for Cerro Gordo and Worth counties, and so successful was he in this capacity, . that not one person in either county was drafted. In 1864 Mr. Church was elected to the office of county superintendent, and served until May, 1866, when he removed from the county, going to southern No- braska, where he has since lived.
John Porter located at Mason City and began the practice of law in 1856. He was born in Washington Co., Penn., April 14, 1828. His early life was spent in milling and farming during the summer seasons, and in attending the common schools in the winter. At the age of eighteen he commenced teaching district school, and for three years his time was passed alternately in teaching and attend- ing school to perfect himself in the higher branches. He then entered the office of Todd, Hoffman & Hutchins, Warren, Ohio, where he read law some years. In 1854, on his admission to the bar, he located at Plymouth, Ind., where he remained two years and then removed to Mason City, Cerro Gordo Co., Iowa. He soon took high rank as a lawyer and obtained a good practice for that day. In 1858 he was elected judge of the eleventh district, and soon afterward moved to Hardin county.
J. W. Murphy located at Mason City in 1857, coming from Pennsylvania. IIe had but little practice, and left after trying it for three or four months. He was a mar- ried man; a first-rate fellow, and had the appearance of a man who would be a success under favorable circumstances.
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HISTORY OF CERRO GORDO COUNTY.
George and B. F. Hartshorn, father and son, located at Mason City in 1858 and George, the old gentleman, opened a law office. B. F. Hartshorn was admitted to the bar a few years later and the two went into partnership. They were both promi- nent men here, and held the respect of the whole community. B. F. Hartshorn represented this district in the General Assembly at one time.
J. K. Boyd located at Mason City in 1853 and began the practice of law. He was about fifty years old, had a fam- ily, and had been in practice prior to com- ing here. He left the county about 1862. He was a first-rate lawyer for those days and received his share of the patronage.
In 1859 H. B. Gray came from Madi- son, Wis., and located at Mason City. He was a single man and first came here as a lecturer on phrenology, but decided to locate and follow his profession. He was small in stature, full of energy and very popular. He was elected the second clerk of court of the county. He was actively engaged in practice, except while serving in an official capacity, until the time of his death. His sister was also quite an intellectual lady, and wrote many poems for the county press under the name of "Kittie Clyde." She died here in 1865.
W. Scott Johnson was a lawyer, civil engineer and teacher, who located at Mason City in 1858. He never devoted any time to the practice of law. He was a smart fellow, well educated, and was well liked. He left a number of years ago.
Dr. William C. Stanbery located at Clear Lake, in May, 1858, and began the practice of medicine. In 1859 he was 1
admitted to the bar, and shortly afterward became a partner of Hon. I. W. Card in the practice of law. He afterwards loca- ted at Mason City, and during his life- time was an active and prominent worker in all public movements.
One of the most prominent and able attorneys who has honored the bar of Cerro Gordo county, as well as northern Iowa, is Hon. Irving W. Card. A few years ago he retired from active practice and is now postmaster at Mason City.
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