USA > Iowa > Hardin County > History of Hardin county, Iowa, together with sketches of its towns, villages and townships, educational, civil, military and political history; portraits of prominent persons, and biographies of representative citizens > Part 35
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On re-assembling, the Sheriff returned a venire of grand-jurors as follows: Cyrus Rowen, John Ellsworth, D. F. Rising, A. S. McDowell, Leonidas Smith, William Shafer, Samuel White, Levi W. Southard, James Drain, William Lockard, James D. Putnam, J. B. Gilbert, Jonathan Conger, William Pilgrim, T. Y. McClure, and John Mann. The court appointed James Drain as foreman, and administered to the entire number the usual oath. The jury were then permitted to retire, with John
W. Briles a bailiff appointed by the court. The following named were then returned by the Sheriff as petit jury : Isaac S. Moore, John Lightner, M. H. Hughes, Henry Fiddler, Thomas Huff, Henry Smith, James H. Tucker, Washington Asher, Peter S. Meteer, B. F. Miller, L. L. Park, E. J. Reece, Jesse Algood, Daniel Bermito and William Hobson.
The first case upon the docket was an application for a divorce, filed by Wesley W. Moran against his wife, Margaret Moran, and for the custody of his children. After hearing the evidence in the case, the Judge ordered the divorce granted, and also gave Mr. Moran the custody of the children as prayed for.
The second case was that of an appeal from Nicholas Rice, a Justice of the Peace, the case being placed upon the docket as William Shafer against William Dean. The appeal was not sustained.
Greenberry Haggin vs. Alexander Smith, was the third case called. The parties in the suit were well known, the plaintiff being the first settler, and the defendant the first County Judge. The records give no clue to the case. Mr. Haggin asked a change of venue, which was granted and the case was certified to the District Court of Marshall county.
The foregoing comprises every case tried at this term. The grand jury found no bills of indictments, and the petit jury had no puzzling legal questions to solve. The court was held in the second story of . a building erected by Alexander Smith, and which was reached by means of a ladder. Here justice was dispensed by Judge McFarland. The number of cases on the docket were but few, none of which
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were criminal, thus showing Hardin to be a law-abiding county.
The next term of the District Court was held in April, 1856, at Eldora. There were present, Hon. C. J. McFarland, Judge of the Fifth Judicial District; Henry Fid- dler, Sheriff; J. D. Gourlay, Clerk; J. D. Thompson, Prosecuting Attorney; together with the usual array of attorneys. The first business transacted, was the return of the venire of grand and petit jurors.
The grand jury at this term found nine bills of indictment, some of which were against parties for stealing timber, a very common offense in the early days of the county, and one which was very difficult to prove upon the suspected party; at least very few convictions were obtained. Of the nine cases, one obtained a change of venue to Boone county; demurrers were filed and sustained in three; defendants were discharged in three and costs taxed to the informants; continuance was granted to two.
There were thirty-seven common law cases, four of which were applications for divorce.
The first application for admission to the Bar of Hardin county was made at this term of court. D. Freeman Ellsworth, believing he could do something in settling the disputes that were likely to arise between man and man, asked the courts permission to attach "Attorney and Coun- selor at Law" after his name. Mr. Crocker, who subsequently became eminent as an officer in the United States army during the rebellion; James W. Woods, an old and well known attorney, now residing at Steamboat Rock, and E. W. Eastman, who afterwards became Lieutenant-Governor of
the State, and who is now an honored attorney of the Hardin county Bar, were appointed by Judge McFarland as com- mittee to examine into the qualifications of Mr. Ellsworth. The court records read as follows: "The committee afterwards came into court and reported that they had examined into his character and qualifica- tions to be admitted as such Attorney and Counselor at Law, and recommend his ad- mission as such attorney; whereupon the said D. F. Ellsworth was duly sworn to support the Constitution of the United States and of this State, and to faithfully discharge the duty of an Attorney and Counselor of this court according to the best of his ability; whereupon D. F. Ells- worth was declared duly admitted as an Attorney and Counselor at Law."
At the regular October term, 1856, Judge McFarland failed to make his appearance, and all cases on file were therefore con- tinued by the clerk of the court.
In November a special term was held, presided over by Judge McFarland. The most important case on the' docket was from Webster county, brought before this court on a change of venue from that county. William Williams, John F. Dun- comb, William O. Ruggles and E. C. Col- burn, were indicted by the grand jury of Webster county, with assault with intent to commit murder.
It appears that Bucy, Smith and Carr had entered the claim of a citizen of Webster county, and proceeded to occupy it. They were ordered off by the officers of the club organized for the purpose of main- taining the rights of claimants and bona fide settlers against foreign speculators, but being of a stubborn and not very
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tractable disposition, they refused to obey the injunction given, but continued to reside thereon. They were therefore taken out, divested of their clothing, a plentiful supply of tar poured over their persons, on which was scattered a quantity of feathers. They were then treated to a free ride upon a fence rail, all of which they considered an indignity offered to their persons. After scraping off the North Carolina liquid, they wisely refrained from intruding on company that did not desire their presence, but when the District Court of Webster county assembled, they pro- cured the indictment of the parties named, who thought best to secure a change of venue to Hardin county, where the case was duly tried at the special November term, 1856. The State was represented by Jas. W. Wood.
After a patient hearing, in which the attorneys in the case waxed eloquent, it was submitted to the jury, who brought in a verdict of guilty as charged in the in- dictment, and the Judge assessed a fine of $20 each against the parties.
This was the last term of court presided over by Judge McFarland, his term of office having expired, and J. D. Thompson, of Eldora, being elected to the position.
Judge McFarland was an odd character, although one of the brightest men that ever presided over the courts of the Fifth or Eleventh Judicial District. Cave J. McFarland was born at Mount Vernon, Knox county, Ohio. He read law with John C. McNulty, Clerk of the House of Representatives. He came to Lee county, Iowa, in 1844, and was subsequently Pros- ecuting Attorney for the county for sev- eral years, and also represented that county
in the legislature. He afterwards moved to Boone county, where he was appointed Judge of the Fifth Judicial District, and was afterwards elected. He died in April, 1869, at Boonesboro.
Many anecdotes are related of Judge McFarland, some of whichi are too good to be lost. He had nick-names for many of the attorneys who practiced before his court. James W. Wood he called "Old Timber," and Gov. Eastman "Old Spot," from the fact of his being marked with small-pox. On one occasion, while Old Timber was addressing the court, an ass walked up near one of the windows and set up a terrible bray. The Judge quickly turned to Mr. Wood and cried out: "Sit down, Old Timber, sit down; one at a time, if you please."
At the September term, 1857, Judge Thompson presided for the first time. There were present as officers of the county, Henry Fiddler, Sheriff; J. D. Gourlay, Clerk; Henry L. Huff, Prose- cuting Attorney.
William J. Moir, who had lately moved to the county, presented his certificate as an Attorney and Counselor at Law, granted by the courts of Indiana, and was, on mo- tion, admitted to the practice of law in all the courts of Iowa, upon taking the usual oath.
Robert T. Ward, Nicholas Tifferman, Johannas Happes and Theobolt Miller made application to become citizens of the United States. Upon this case the record says: "The court being satisfied that they have resided in the United States five years, and within the State one year, and it further appearing to the satisfaction of the court, that during that same time they
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have behaved as men of good moral char- acters attached to the principles of the Constitution of the United States, and disposed to the good order and happiness of the same; wherenpon the oath of allegi- ance was administered to the said appli- cants, and they were admitted as citizens of the United States." This was the first case of naturalization by the District Court of Hardin county, as shown, by the record.
M. P. Rosecranz, after examination by M. M. Crocker, E. W. Eastman, and H. L. Huff, was admitted to the practice of law.
Four indictments were found at this term of court, three of which were for selling intoxicating liquors contrary to law, and the other, keeping liquor with intent to sell.
There were no cases of special import- ance tried at this term.
At the April term, 1858, Josephus East- man, an attorney from Massachusetts, presented his certificate from the State courts of Massachusetts, and was thereupon received as an Attorney and Counselor at Law in all the District Courts of Iowa, on taking the oath prescribed by law.
Only three indictments were found at this term; one for forgery; one killing a steer; and the other for obstructing the highway.
A large amount of business was trans- acted at this term in civil cases.
But little business of any kind was trans- acted at the September term, 1859, but at a special term held in November of the same year, the docket was nearly cleared of cases. .
This was Judge Thompson's last term of court, he having been legislated out of office under the new constitution.
In the fall of 1858, John Porter, then a citizen of Cerro Gordo county, was elected Judge of the new Eleventh District of which Hardin county formed a part. Under this constitution, the office of Prosecuting Attorney for each county was abolished, and a District Attorney for the Judicial District was elected.
At the February term, 1859, Judge Porter, for the first time, presided at the Hardin County District Court. There were present as officers of the court, Henry Fiddler, as Sheriff, and S. L. Higen- botham, Clerk. This was a special term, for the trial of common law cases. There were neither grand nor petit juries called.
The most important cause tried at this term was the contested election case of John M. Scott vs. Samuel L. Higenbotham, the latter having been given the certificate of election as Clerk of the District Court, and was then exercising the duties of the office. Brown and Moir appeared as at- torneys for Mr. Scott. After hearing the case, the Judge decided in favor of Mr. Scott, and he was given the certificate of election, and recovered damages of Mr. Higenbotham to the amount of $298:90.
The regular term of the court was held in May, 1859. There were present, Hon. John Porter, Judge of the 11th Judicial District; Henry Fiddler, Sheriff; J. M. Scott, Clerk.
John Q. Patterson was admitted to the practice of law at this term of court.
A man by the name of Larkin resided at Iowa Falls. He had two daughters residing at home, aged eighteen and fifteen, who were possessed of consider- able beauty, the youngest especially so. They had many admirers among the vil-
HISTORY OF HARDIN COUNTY.
265
lage beaux. Among those who were in the habit of calling upon the young ladies and bestowing upon them much attention, was George Gilman Start, a prepossessing and fascinating young man of the place. It was generally understood that he was to marry the oldest daughter. Sometime in the year 1859, the youngest daughter was taken suddenly sick, and a physician hastily summoned. He at once discovered- from unmistakable signs that an abortion had been practiced upon the girl, and that her recovery was doubtful. Every effort was made to save her, but she died from the effects of the cruel treatment to which she had been exposed. An exam- ination was made of the oldest daughter, and it was found that she, too, had been seduced. Start was called in and compelled to marry the girl, and was then arrested for the crime of causing an abor- tion upon the youngest daughter, resulting in her death. A preliminary examination was held, the trial lasting three weeks, at the end of which Start was held to await the action of the grand jury. Henry L. Huff and William J. Moir were attorneys for the prosecution, and Josephus East- man and H. E. J. Boardman for the de- fense.
At the October term, 1860, an indict- ment was found against Start. On being arraigned, he asked for a continuance of the case till the next term. It was then again continued. At the October, 1861, term he was arraigned, and plead not guilty. Moir and Huff again conducted the prosecution, and Henderson & Board- man, of Marshalltown, defended. The trial lasted one week, and resulted in the acquittal of the prisoner.
The last term of court at which Judge Porter presided, was in October, 1865. Resigning the office, I), D. Chase was elected to fill the vacancy ..
John Porter, the successor of Judge Thompson, was born in Washington county, Pennsylvania, April 14, 1828. His boyhood 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 com- menced teaching "district school," and for three years his time was passed alternately in teaching and attending 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 admis- sion to the Bar, he located at Plymouth, Indiana, where he remained two years, and then removed to Mason City, Cerro Gordo county, 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 newly organized dis- trict, which position he occupied until he resigned, in 1866. The energy displayed, with quick and good judgment, -earned him the good will of both the Bar and people of the district. Judge Porter was united in marriage with Mariam Stevens. They have one child. For several years the judge has taken great interest in rail- roads, and has devoted much of his time to securing roads through Hardin county. As a lawyer, he is recognized as one of the best in the State, and is an honor to the Hardin county Bar.
The first term presided over by Judge Chase was in June, 1866. There were present as officers of the Court, A. F.
G
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Wood, Sheriff; R. F. Ripley, Clerk; J. H. Bradly, Prosecuting Attorney.
Finley Ranesbarger was arraigned at this term for the crime of murder in the first degree, but obtained a continuance until the first day of the next term of the court. A change of venue was then asked, and the case sent to Marshall county for trial. Finley Ranesbarger and a man named Voils lived in the vicinity of Steam- boat Rock. Voils was a large, muscular man, somewhat addicted to drink, and when under the influence of liquor was quarrelsome. Ranesbarger was a much smaller man. Some trouble had occurred between the two, and meeting in Steam- boat Rock Voils, then under the influence of liquor, threatened to whip Ranesbarger. shaking his fist under his nose and making other demonstrations. The latter suddenly drew a knife and struck Voils just below the left nipple, killing him instantly. Ranesbarger was arrested, bound over to await the action of the grand jury. At the meeting of the District Court, an indictment was found. Ranesbarger asked a change of venue, and the case was sent to Marshall county, where it was tried, the prisoner convicted and sentenced to eight years in the penitentiary. About eighteen months afterwards he was par- doned by the Governor. Henry L. Huff and W. J. Moir defended.
Cyrus Lundy was a farmer living in Prindena township.
Thomton also lived in the same township. The latter had a sister whom he considered had been insulted by Lundy, and therefore bore a grudge against him for the supposed insult. In the summer of 1866, Lundy's barn and contents were consumed by fire.
Suspicion attached to Thomton as an incendiary, and he was indicted by the grand jury for the crime of arson, at the November term, 1866. The case was called and a continuance granted. It was subsequently tried, and the jury failed to agree. It was again tried, and again the jury could come to no agreement. The evidence depended upon by the prosecution for conviction, was in discovering near the barn a peculiar boot track, which they believed corresponded with the track made by the heel of one of Thomton's boots. The boot was produced in court during both trials, but the jury failed to accept the evidence as conclusive. When the case was called for the third trial, it was dis- covered the boot was lost, and as the evi- dence was thus taken away on which they depended for conviction, there was no other alternative left for the district attor- ney but move the case be dismissed.
Dr. E. M. Maybell, of Point Pleasant, was indicted in 1870 at the June term for adultery. Dr. Maybell was a French physician, a man of fine personal appear- ance, well educated, and one well calculated to charm the gentle sex. As a physician, he stood well in the profession, and as a linguist he was excelled by few. An outraged husband in the community in which he lived had him indicted for crimi- nal intimacy with his wife. He was arraigned for trial at the November term, 1870, tried, convicted, and sentenced to the State prison for six months.
The November term, 1874, was the last over which Judge Chase presided. The following preamble and resolutions were entered upon the records of the Court:
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WHEREAS, This term of the District Court of this county closcs the official labors of the Hon. . D. D. Chase; therefore, be it
Resolved, That we, the members of the Hardin county Bar, hereby tender the Hon. D. D. Chase our most sincere thanks and heartfelt gratitude for the uniform courtesy and kindness we have received at his hands during the time he has been upon the Bench.
2. That, by his retiring from the Bench, we lose the services of an able and impartial judge and an eminent jurist, whose place cannot be easily filled.
3. That we welcome him back to the Bar, highly appreciating him as a lawyer and citizen, and hope our relations to him may be as pleas- ant in the future as they have been in the past.
HENRY L. HUFF, JOHN PORTER,
W V. ALLEN, W J MOIR,
FRED. GILMAN, S. A REEI),
MATIN W. ANDERSON, W. A. GREER,
A. C. MURPHY, E. W. EASTMAN. WILLIAM HALL.
Daniel D. Chase was born in Canajoba- rie, New York, July 4, 1830. Until he at- tained the age of seventeen he remained at the old homestead, attending the district school in the winter season, and laboring like other lads in rural communities on the farm during the spring, summer and autumn. The four ensuing years he passed at the Ames Academy and the Cazenovia Seminary, where he acquired a good aca- demic education, and taught in the mean- time to procure the necessary funds to pursue his studies. After he ceased at- tending the seminary he became principal of the public schools at Cazenovia, at the same time commencing the study of law. He was afterwards called to the charge of Woodstock Academy, successfully dis- charging the duties of a teacher while pursuing his legal studies. He was ad- mitted to the Bar of the State of Ncw
York at the general term of the Supreme Court, in Saratoga county, January 1, 1856,. and entered at once upon the practice of his profession. .
In August, 1858, Mr. Chase removed to Iowa, settling at Webster City, Hamilton county . He came here with no capital save that which was stored up in his brain, and an earnest determination to deserve success. Upon his arrival in the little frontier town which he had selected as his home, and which then contained scarcely four hundred people, and the county not over sixteen hundred, he fonnd the small legal practice in the hands of two older lawyers, who had settled there some time previously. It was many months, before he secured his first retainer-a discourag- ing fact to a man of limited means, when the times was hard, and growing worse with every succeding week. But he patiently bided his time, and finally the temperance people were forced to employ him in the prosecution of Sunday violations of the liquor law; both of his competitors, fortunately for him, being engaged on the other side. The fight was a prolonged and bitter one, and it served to bring prominently to the notice of the people the' fine legal ability and great force of charac- ter of the hitherto reserved and rather reticent and neglected young lawyer. This rough and tumble contest completely "westernized" him, and from this time for- ward he was a favored attorney. In the following winter he visited a number of the counties in the Eleventhi Judicial dis- trict, becoming acquainted and securing quite an addition to his slender, legal practice. In a short time he was accorded a leading position in his profession in
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northwestern Iowa. Noted for his purity of character, dealing fairly with his clients, and never encouraging litigation, except in cases where its necessity and justice rendered it imperative-thus making him always the safest of counselors-he rapidly won his way to a high place in the popular estimation.
In the autumn of 1859 his name was prominently mentioned in connection with the position of County Judge, every dele- gate to the convention favoring his nomin- ation, but he declined the proffered honor. In the ensuing year, at the Republican Judicial Convention, he was unanimously tendered the nomination for member of the Board of Education, to which he was chosen in October following by a large majority. Before his term of service ex- pired he was elected District Attorney. In 1865, a vacancy having occurred in the office of District Judge, he was appointed to fill the vacancy by Governor Stone. He was twice nominated by acclimation and twice elected to this distinguished position, and, at the close of nine years' continuons service. on the bench, declined a third term nomination, and retired to private life.
Judge Chase was always held in the highest esteem by both the Bar and people. On his retirement from the bencb, the Bar of his county passed a most complimentary resolution, declaring that "by his ability, efficiency and integrity in the discharge of every official duty, Judge Chase has won, and is worthy of, not only the commenda- tion and plaudits of the Bar, but of the entire people who have received the bene- fits of his labor." The Bar of the entire district, on the last day of his court, united
in presenting him with a magnificent gold watch and chain, to purchase which they contributed the sum of $500.
Judge Chase, in his early days, was a Whig, but has acted with the Republican party since its organization. He was a delegate-at-large to the National Republi- can Convention which nominated Presi- dent Lincoln for his second term.
Hon. I. J. Mitchell was elected judge of the district to succeed Judge Chase. His first term in Hardin county was in June, 1875.
The first case of historical importance tried before Judge Mitchell in Hardin county was that of A. J. Reed, et al.
During several months in the years 1874 and 1875, complaints were frequently made of horses being stolen in Hardin and adjoining counties. Many efforts were made to discover the thieves, without success. Large rewards were offered, and for a time without avail. Finally sufficient evidence was obtained to warrant the arrest of A. J. Reed, A. Holly and E. B. Chaney. At the November term, 1875, the three were jointly and severally indicted by the grand jury on several separate charges. E. B. Chaney was never brought to trial. While being taken to a restau- rant by the sheriff, and just as they entered the door the sheriff's attention was called, and while drawn away from the prisoner the latter ran, jumped upon a horse stand- ing conveniently near, doubtless by a preconcerted arrangement, and made his escape. After obtaining a continuance at two terms of the District Court, Reed and Holly were arraigned in November, 1876, and each sentenced to six years in the penitentiary. While Reed was not a man
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of education, he was a man of good natural ability, with talents that, if turned in the right direction, would have made him an honor to society. At is was, he was an adroit horse thief, one calculated to de- ceive. He was living, when captured, in Marshall county, in a neighborhood of friends, and had secured their perfect con- fidence, they believing him to be a thor- oughly honest man. He finally met with a just punishment for his crimes.
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