USA > Iowa > Hamilton County > History of Hamilton County, Iowa, Volume I > Part 43
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Another amusing and exciting episode connected with these litigations was substantially as follows : On a certain morning Atherton loaded a wagon with hay. destined for the Homer hay market and in order to reach the city he was compelled to pass the residence of Bird, when he had passed the house a few rods and beginning to congratulate himself on having safely run the blockade. imagine his consternation to see flames curling up the sides of his load. Ile had barely time to save his wagon by cramping it so as to turn it over and dragging the run- ning gears from the burning hay. This was regarded at the time as one of the most remarkable cases of spontaneous combustion on record. Mr. Bird has been dead for over twenty-five years and Mr. Atherton drifted off into parts un- known. These vexations litigations were productive of one good result at least, as they furnished entertainment to the whole community for what would other- wise have been a dull and monotonous writer.
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HISTORY OF HAMILTON COUNTY
REPORT OF THE FIRST GRAND JURY
The first grand jury empaneled in Hamilton county made its report at the September term of the district court in 1857. As this report is a typical pioneer document, we give it verbatim :
We, the undersigned grand jurors of the county of Hamilton, state of Iowa, met at Webster City in September, 1857.
Criminals in jail there is non.
Publick prisons there is non.
Examined the county reccord and found them correct.
Moved and seconded that we adjourn till nine o'clock tomorrow morning. Carried.
Met at the howr appointed. The rowl being called all present.
The court sending for Allen Brock.
It was moved and seconded that we adjourn. Carried.
Met again as soon as court was thru.
It was moved and secconded that we dispense with the roads, there being no superintendents in the county. Carried.
Gatten Fuller sworn, stated that bought brandy under Barten & Robertson store of man called Dutch, on 4th of July, 1857.
Natheniel Lattemer sworn, stated that he bought intockication liquors of one called Dutch.
Benjamin R. Brewer also stated that he had seen Fisher sell liquors and drank under Barten's store by one man called Dutch or Robertson, about two weeks ago.
P. Sage sworn, stated that this man they call Dutch his name is Hennry Robin- son.
Moved and seckoneded that we adjourn till one o'clock. Carried.
Met at the hour appointed. The rowl being called, all present.
Henry B. Martin sworn, that he saw Hennry Robinson sell intockicating licker several times since the latter part of June, 1857.
Thomas Striker sworn, stated that Hennry Robinson sold him a drink of in- tockicating likers a week or ten days ago, allso bought of a certan stage driver at said Robinson's.
At this time uppon the finding of the bill fourteen jurors voted in favor.
Benjamin R. Brewer also stated that he had seen Fisher sell liquors and drank same.
Allso Thomas Striker stated that he bought liquor of Samuell Fisher.
At this time uppon the finding of the bill thirteen jurors voted in favor.
H. Ross, foreman ; H. G. Pemberton, John A. Cooper, Allen Brock, F. I. Allen, Charles Royster, W. W. Boak, Israel Woodard, E. Russell, Theodore Butler, D. P. Lattimore, N. G. Olmstead, Josiah Downing.
OUR LAWYERS IN 1867
About the first of January, 1866, Judge Porter resigned the office of district judge of the district to take effect on February Ist. Judge D. D. Chase, of Web- ster City, who was district attorney, also resigned at the same time to take effect with the resignation of Judge Porter, and he was, by the governor of the state,
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HISTORY OF HAMILTON COUNTY
appointed district judge to fill the vacancy caused by the resignation of Judge Porter, while Hon. John H. Bradley, of Marshalltown, was appointed district attorney. The first term of court with these new officers occurred in May, 1866. There were twenty-eight cases on docket for disposal with the following law- yers present to assist in them viz; N. B. Hyatt, W. J. Covil. G. D. Sutton, J. Skinner, D. D. Miracle, G. B. Pray, and W. R. Daniels, all of this county; while from abroad, were J. H. Bradley, John Porter, of Eldora; J. F. Dun- combe and J. D. Springer, of Fort Dodge; J. A. Hull, of Boone: D. O. Finch and J. M. Elwood, of Des Moines, showing very conclusively that whatever this new country was deficient in it was not deficient in lawyers. Col. Chas. A. Clark came soon afterwards, making one more, and a year later the Freeman con- tained the following descriptive notice of the legal talent of the county which is graphic and amusing enough, to those who knew them at the time, to bear re- peating :
Our Bar-The "legal brotherhood" of Webster City is composed almost ex- clusively of young men, ranging in age from twenty-three to thirty-five years. Jacob Skinner, Esq., is the only one of the bar on whose brow the "frosts of many winters have settled."
N. B. Hyatt, probably thirty-three, is next on the roll. He is a tall, fair- haired, gray-eyed man, supports a long gray coat "all buttoned down before" and a thimble-skein hat ; is a good lawyer and a clever fellow.
Col. Chas. A. Clark is probably about two or three years the junior of Mr. Hyatt ; is a man of medium height, rather spare form but is full of Yankee fire and vim when stirred up. The colonel supports rather an unmanageable goatee and mustache of a "light bay color." and is a very affable and courteous gentle- man, and a first-rate lawyer.
G. D. Sutton, about thirty years of age, is a stout, thick-set "limb of the law." and works hard for his clients ; he cuts his, hair and whiskers ( the latter of the sandy order) short, and exhibits great power of endurance and susceptibility to mental labor.
Next comes Mr. D. D. Miracle, whom we should take to be about twenty- eight years of age. He is of slender form, black hair and beard and a keen black eye, and before he was married was considered the handsomest young man in town. He is energetic and prompt and applies himself earnestly to his profession.
And now we come to the good-natured and industrious W. J. Covil. He with the "rosy cheek and bright yaller hair" and nary a whisker, but is a great favorite among the ladies. 1Ie is a close student and is ambitious to make of himself a thorough lawyer and that he will succeed there is no doubt.
The last on the list is "Gib" Pray, who has been in the practice but a short time. He is the youngest member of the bar and has the ability to make a good lawyer of himself. "Gib" ain't married yet but then there's no telling what may happen to a good-looking young man in this country where there are so many blooming "prairie flowers" when we recollect that every Mary-gold has her Johnny-jump-up .- Freeman, May 15, 1867.
Mr. Ilyatt came in February, 1866. Mr. Sutton came a little before that time, Colonel Clark came in the fall of that year. while Covil. Skinner, Miracle and Pray had been here for some years.
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HISTORY OF HAMILTON COUNTY
Up to the time of his appointment as district judge D. D. Chase had been the county's attorney, but on his promotion to the bench, in February, 1866, the board of supervisors appointed D. D. Miracle as its legal advisor.
These were times when the internal revenue assessors and collectors were prevalent, and when deeds, notices, contracts, receipts and indeed nearly every- thing that a stamp would stick to. had to be stamped. D. D. Miracle was ap- pointed deputy United States assessor. Col. Chas. A. Clark also was appointed deputy collector, but it was at a time when President Johnson and the republicans in congress were radically opposed to each other on reconstruction measures and Mr. Clark refused to serve, and as indicating the bitter hostility towards the ad- ministration, we quote from Colonel Clark's letter refusing the appointment as follows: "I desire to maintain a reputation as a loyal man and a respectable citi- zen. Serving under Andrew Johnson at this crisis, I could not claim to be either," and this bit of "snap and fire" was commended by the partisan press as highly patriotic.
HAMILTON COUNTY'S JUDGES
At the expiration of Judge Chase's first term he was reelected and continued to hold the office until 1874 and before him many important cases were tried, among which was the famous Ross murder case of which an account is given in another chapter. Judge Chase was succeeded by Isaiah J. Mitchell of Boone county who held the office for four years and he was succeeded by James W. Mckenzie of Franklin county, who was elected October 8, 1878.
H. C. Henderson was elected October 11, 1881, and reelected November 7, 1882.
In the year 1868 the legislature established the circuit court and S. L. Rose was elected circuit judge. He held the office for four years. He was succeeded by John H. Bradley of Marshalltown, who held the office until January 1, 1882, and he was succeeded by David D. Miracle of Hamilton county.
In 1886 the circuit court was abolished and three judges for each district pro- vided and at this time Judge D. D. Miracle was elected district judge. At the same time John L. Stevens of Boone and Silas M. Weaver of Jowa Falls were elected. John L. Stevens was reelected in 1890 and resigned in 1892. Weaver was re- elected in 1890, again in 1894 and again in 1898 and in 1900 was promoted to the supreme bench of Iowa.
Judge Miracle died July 27. 1888, and in August following D. R. Hindman was appointed to fill the vacancy. He continued to fill the position until 1898 when he retired.
Upon the resignation of Judge Stevens, N. B. Hyatt of Hamilton county was appointed district judge by Governor Boics. Judge Hyatt was a democrat in politics and as the district was strongly republican, there was no hope for his reelection, so at the election of 1893 Benjamin Birdsall of Wright county was elected and reelected in 1894. In 1898 Hindman and Birdsall were not candi- dates. J. R. Whitaker of Boone and W. S. Kenyon of Fort Dodge were elected. In 1900 S. M. Weaver was elected a member of the supreme court and J. H. Richard of Hamilton county was elected to fill the vacancy thus caused. In 1: 02 J. 11. Richard was reelected. Whitaker was reelected and as Kenyon was not a candidate, W. D. Evans of Franklin was elected in his place. In 1906 W.
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HISTORY OF HAMILTON COUNTY
D. Evans was reelected and C. G. I.ee of Story county and R. M. Wright of Webster were elected. In 1908 Judge Evans was promoted to the supreme bench and Chas. Albrook of Hardin county was elected in his stead. In 1910 Judges Lee, Wright and Albrook were all reelected and are serving at the present time. Hamilton has furnished four district judges and two circuit judges during its history, Chase, Rose, Miracle, Hyatt and Richard, Miracle having served both as circuit and district judge. The first four have passed to their final rest, while the last, Judge Richard, moved to Minneapolis in 1906. Judge Chase died April 27, 1891, after having been a prominent and influential factor in the affairs of the county for thirty-three years.
The following sketch written by F. Q. Lee appeared in the Graphic at the time of his death :
DANIEL DARROW CHASE
Daniel Darrow Chase was born in Canajoharie, New York, July 4, 1830, and (lied in Webster City, Iowa, April 27, 1891.
He was a farmer's son, and like all others of those times, his early education was obtained by attending school in the winter time, where he fitted himself for teaching. He took a four years' course in the academy, teaching in the mean- time to earn the means to pay expenses. After graduating, he became principal of the Cazenovia public schools and began reading law. He was admitted to the bar before the supreme court of New York in January, 1856. and began to prac- tice in partnership with Judge Waite, a distinguished jurist and law writer. On August 10, 1858, he was married to Miss Hattie E. Bell, and in the latter part of the same month came to Webster City where he resided ever since. Ilis ability as a lawyer and his worth as a man were at once recognized, and he immediately took a leading place as attorney and citizen.
In 1860 he was nominated and elected a member of the state board of educa- tion. His next office was district attorney for the eleventh judicial district and at the end of his term he was reelected. During his second term a vacancy oc- curred on the district bench and he was appointed by the governor of the state to the position in 1865. He was twice elected to the same position and refused a renomination in the fall of 1873. Ilis term of office closed January 1, 1874. In 1864 was elected elector at large by the republicans, and cast his vote as such for Abraham Lincoln for a second term as president of the United States.
AAll his official acts were marked by great ability and integrity, and it is con- ceded that as a judge he took the very highest rank. He had the ability to dis- patch business in a remarkable degree, and his dignified conduct on the bench, coupled with his courtesy and the clearness of his judicial opinions, caused his court to be held in high esteem, both by the bar and the people. It was one of the ambitions of his life to be a 'member of the supreme bench, and at one time it was generally conceded that he would be, for no judge in the state stood higher in the public favor than he. But just as his ambition was about to be realized the supreme court rendered its decision, declaring the law, levying taxes in aid of railroads unconstitutional. This decision met the approval of most of the ablest lawyers in the state, Judge Chase among the number : but it arrayed the railroad corporations against it. As the opinions had been given by a divided court and the term of one of the judges so deciding being about to expire, the
JUDGE DAVID D. MIRACLE
JUDGE DARROW D. CHASE
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HISTORY OF HAMILTON COUNTY
railroad corporations determined to elect to the place a judge who would de- clare the law constitutional. They therefore opposed Judge Chase and selected their man. But for this circumstance, D. D. Chase would have undoubtedly re- ceived the unanimous vote of his party for the position and would have reached the goal of his ambition.
It is usual to measure a man's greatness by the official positions he has held, but the truer and more worthy measure is to be found in his daily walk and con- versation among men. The conduct of the official is marked out and laid down by law and precedent ; but the conduct of a man in private life is the result of his own impulses and aspirations. In these we see him as he really is, and in these were exhibited Judge Chase's highest attributes of greatness. What higher encomiums could be pronounced of a man than were written in the Freeman last week, to every sentiment of which we give our most hearty consent. Its modest but eloquent portrayal of his character, by one who has known him long and observed him closely, is as bright a tribute as we have ever seen written and we make bold to appropriate it :
"It is hard to realize that one so prominent in the community, and so uni- versally beloved and respected throughout the entire county, and whose reputa- tion and good name were coextensive with the boundaries of the state, has gone. out from among us forever. No more familiar figure was ever present on the streets of Webster City than Judge Chase, and no man in Hamilton county had a purer heart or a more genial nature. He greeted everybody with a generous smile and a hearty grasp of the hand, and in the exercise of charity, pure benevo- lence, and the acts that came from a kind heart, he was constant and consistent. Public spirited, and liberal to a fault, he was a faithful friend of Webster City and Hamilton county, and every public interest and every worthy cause had his cordial support. His social qualities were of the highest order ; his sunny nature drew to him troops of friends from all classes, and his heart and purse were ever open to every worthy enterprise and every real charity. He never ground the face of the poor. He loved his town and county with a singular admiration, and in return was held in as high esteem as any man could be. He was a true man and valued citizen."
What words could be said of warrior or statesman that would equal in merit the virtues thus so modestly, eloquently and truthfully portrayed.
Judge Chase was a friend for whom we have always felt the highest regard. During an acquaintance of twenty years we always have found him the same kind and cordial friend and neighbor. For months we have seen him as he passed and repassed our office door, gradually failing, but during all this time he maintained to a marked degree, his cheerfulness and he never complained. He knew the end was approaching but he did not fear it. His friends knew it also but it came sooner than expected. Indeed there was an ardent hope enter- tained that a change for the better and a recovery might result ; but it was not to be. Hail, friend and farewell.
JUDGE DAVID D. MIRACLE
Judge David D. Miracle died July 27, 1888. He was born in London, Ontario, January 23, 1840. His ancestors were of Holland descent and settled in Amer- ica during the sixteenth century. During his boyhood his parents moved to
-
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HISTORY OF HAMILTON COUNTY
Oshkosh, Wisconsin, and he received his education at Lawrence University and at Ann Arbor, Michigan. He came to Webster City in 1864 and commenced the practice of law. In 1868 he was in partnership with R. N. Woodworth and in 1870, formed a partnership with J. L. Kamrar and the firm of Miracle and Kamrar built up an extensive law practice. In 1880 Miracle was elected judge of the circuit court and held the office until that court was abolished, when he became a member of the district bench which position he occupied at the time of his death. In 1866 he was married to Ella M. Bell, a daughter of Colonel Ralph Bell and a sister of Mrs. D. D. Chase. To them four children were born, Frank D., now practicing law in Montana ; Ella Bell, now Mrs. Geotz- man, of Marshalltown; Kate E., wife of Elston F. King, of Webster City ; and Ralph O., a prominent business man in Minneapolis.
Judge Miracle was but forty-eight years of age at the time of his death
NORMAN B. HYATT
Norman B. Hyatt was born in Erie county, Pennsylvania, January 26, 1837. Hle was educated at Knox college, Galesburg, Ill., and at Albany law school, where he graduated in 1858. He went to California, Missouri, and opened a law office and continued in the practice until 1861 when he enlisted in the third Missouri infantry and served until the close of the war.
In 1866 he came to Webster City and entered the law practice and immedi- ately took high rank as a lawyer and advocate. It is said that in pioneer days when men got into trouble, there was a horse race across the prairie to see which could first reach Webster City and secure Hyatt for his lawyer. In 1873 he formed a partnership with F. Q. Lee and the firm of Hyatt & Lee continued in business until 1876 when it dissolved. Judge Hyatt then continued alone in business until 1888, when his son, N. P. Hyatt, was admitted to the bar and be- came his partner.
N. B. Hyatt was married to Miss Mary Prouty in 1865 and to them one son, Norman P. Hyatt, was born. Mary Hyatt died in 1878. In 1880 N. B. Ilyatt and Miss Emma Stone were married and to this marriage was born one son, Frank B. Hyatt.
For some years Mr. Hyatt was a republican, but in 1875 left the party and affiliated with the democrats until 1896, when he again joined the republicans. Ile was appointed judge by Governor Boies in 1892 and held the position about one year. On account of his political affiliations, he could not be reelected though he was nominated by the democrats and ran ahead of his ticket. It has always been a matter of regret that he could not be continued in a position that he was so well qualified by disposition and learning to fill. He had a keen, logical, well- educated mind, was deliberate in his speaking and clear and precise in his rea- soning. His memory was remarkable for its accuracy. In bearing he was dig- nified and courteous. AAfter he was appointed to the bench it became the darling ambition of his life to make an honorable and distinguished record as a jurist. In this he was successful in so far as he was permitted to go. Those who knew him best, who had known his temptations, his struggles and his victories, carn- estly supported him. But he was a democrat and the republican nominee was a man of conspicuous attainments. As a natural result, Judge Hyatt's judicial
JUDGE NORMAN B. HYATT
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HISTORY OF HAMILTON COUNTY
career was terminated in its infancy. He died in 1901 after having been a mem- ber of the Hamilton county bar for thirty-five years.
MODERN TRIALS AND LAWYERS
The members of the bar of Hamilton county almost without exception have been men who prized their honor and good name above all earthly possessions and they have given their clients honorable and conscientious service. The only blot upon the otherwise clean record is the Barber-Olmstead episode, which re- sulted in the disbarment of Olmstead.
Of the judges who have served on our bench, two, Weaver and Evans, have been promoted to the supreme bench and one, Kenyon, is now in the United States senate.
Of the most sensational trials might be mentioned the Ross murder trial, the Basket murder trial, the Paul murder trial, the Barber-Olmstead trial and the MeKowan trials.
While on the equity side of the docket, we might mention the matter of the estate of Priscilla Emerson and the Willsey will cases as chancery causes, worthy of being mentioned in the same breath with Jarndice v. Jarndice.
Since the organization of the county seventy-nine lawyers have become members of the Hamilton county bar. Their names are as follows: J. H. Cofer, W. R. Daniels, D. R. C. McGart, Granville Burkley, E. R. Green, D. D. Chase, W. J. Covil, Chas. A. Clark, A. H. Moulton, G. D. Sutton, George Ammond, D. D. Miracle, Jacob Skinner, N. B. Hyatt, - Todisman, G. B. Pray, F. Q. Lee, Wesley Martin, O. O. Hall, J. L. Kamrar, E. D. Burgess, -- Goldsmith, P. Knowles, B. S. Baker, J. A. Snodgrass, J. T. Haight, F. W. Smith, D. C. Chase. L. J. Pierson, T. F. Tucker, -Lowry, W. T. Frazier, J. M. Blake, - Zelie, A. N. Boeye, S. A. Hall, George Wambach, J. D. Mc- Kinney, F. D. Thompson. N. P. Hyatt. W. G. Bonner, Rube McFerren, H. G. Culp, Osmund Ellingson, Geo. C. Olmstead, C. A. Weaver, T. W. Maxwell, J. W. Lee, J. H. Richard, Jesse Gouge, J. F. Howard, L. A. Gade, Wm. Asher Howard, C. C. Townsend, Charles Biernatzki, John D. Porter, G. D. Thompson, M. H. Kendall, W. I. Selby, A. S. Ainsworth, B. B. Fenton, Oscar Brewer, M. J. Mattice, J. Q. Lee, F. J. Lund, Frank Gilmore, - Williams, Richard
Closson, William Whistler, O. J. Henderson, James Hall, McMillen, 1. J. Sayers, J. E. Overbaugh, George Barner, J. E. Burnsted, John Ott, E. P. Prince.
Aside from the local judges above referred to, the following members have passed to their reward: W. R. Daniels, Jacob Skinner, G. B. Pray, F. Q. Lee, H. G. Culp.
The remaining members of the bar at this date (August, 1912) are: Wes- ley Martin. J. L. Kamrar, W. D. Burgess, P. Knowles, D. C. Chase, G. F. Tucker, J. M. Blake, A. N. Boeye, George Barner, J. E. Burnstead, Edward P. Prince, N. P. Hyatt, Rube McFerren, Osmund Ellingson, J. W. Lee, Charles Biernatzki, John D. Porter. G. D. Thompson, M. J. Mattice, F. J. Lund, O. J. Henderson, I. J. Sayers.
The others have moved to other localities, some to abandon the profession and some to continue it with honor and distinction.
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HISTORY OF HAMILTON COUNTY
TIIE DEPARTED
Of those who have laid down the cares of life and passed to their great reward, it is fitting that some special mention be given.
Among the writings of Isaiah Doane is found the following sketch of Wm. R. Daniels :
WM. R. DANIELS
The second county judge, Wm. R. Daniels, was a native of Pennsylvania, who came to Homer about 1856. He was a lawyer by profession ; he practiced contemporaneously with, and often successfully against, such attorneys as Burk- ley, Smith, Chase and Covil, of this county ; Duncombe, Richards and Hawley, of Webster, and Hull, of Boone. In the fall of 1861, he was elected county judge, which position he held till the spring of 1863, when he resigned to make a few months' explorations in Colorado, then popularly believed to be the Eldorado of the west. In June of that year the board of supervisors appointed the writer of these sketches to fill the vacancy, to which he was afterwards elected for three consecutive terms, and down to January 1, 1870, when the office expired by legislative enactment.
Prior to the creation of the office of district attorney, we had county prose- cuting attorneys, whose duties were about the same as those of present county attorneys. The last term of this office in and for Hamilton county was filled by Judge Daniels. This was prior to his selection as judge. Besides following his profession he was a successful farmer. Owning a farm or two near Homer, he cultivated these, in part, by his own labor, thereby giving employment and training in habits of industry to his sons.
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