USA > Iowa > Kossuth County > History of Kossuth County, Iowa > Part 48
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Nov. 2, 1880. J. D. McDonald.
Oct. 11, 1881. H. B. Butler, J. B. Johnson.
Nov. 7, 1882. Norman Collar, Geo. E. Boyle.
Oct. 9, 1883. G. C. Burtis.
Nov. 4, 1884. W. E. Jordan, Thomas Early. (R. Jain, ap.)
Nov. 3, 1885. W. W. Alcorn, M. O'Rourke.
Nov 2, 1886. Nathan Studer.
Nov. 8, 1887. G. H. Peters, C. A. Olson.
Nov. 6, 1888. D. A. Buell, M. O'Rourke.
Nov. 5, 1889. J. Holtz.
Nov. 4, 1890. G. H. Peters, L. D. Lovell.
Nov. 4, 1891.
J. O. Rawson, H. C. Hollenbeck.
Nov 8, 1892. W. J. Burton, C. C. Chubb.
Nov. 7, 1893. C. C. Chubb, B. F. Smith.
Nov 6, 1894. H. C. Hollenbeck, L. Barton.
Nov. 5, 1895. W. J. Burton.
Nov. 3, 1896. J. G. Smith, M. Weisbrod.
Nov. 2, 1897. L. Barton, Ed Kunz.
Nov. 8, 1898. C. S. Pendleton.
Nov. 7, 1899. M. Weisbrod, J. G. Smith.
BY DISTRICTS
Nov. 6, 1900. L. Barton, 1; Ed Kunz, 3; F. S. Jenks, 5.
Nov. 5, 1901. Albert Ogren, 5.
Nov. 4, 1902. J. G. Smith, 2; A. Jacobson, 4.
Nov. 9, 1903. J. S. Cullen, 1; W. T. Hall, 3.
Nov. 8, 1904. A. Ogren, 5.
Nov. 6, 1906. J. S. Cullen, 1; C. E. Heise, 2; W. T. Hall, 3; A. Jacobson, 4; Albert Ogren, 5.
Nov. 3, 1908. H. J. Thompson, 1; C. E. Heise, 2; L. Oesterreicher, 3; F. C. Newell, 4. .
Nov. 8, 1910. C. E. Heise, 2; F. C. Newel, 4; O. Pearson, 5.
Nov. 5, 1912. H. J. Thompson, 1; L. Oesterreicher, 3; C. F. Wheeler, 5.
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CHAPTER XIX JUDGES, COURTS AND LAWYERS
DISTRICT JUDGES
Since the county was established fifteen different judges have been elected to preside over the district courts of Kossuth and those of the other counties of the district. The county for the first time became a part of a judicial district in 1851. At that time Judge William McKay of Des Moines, who had been elected in 1849, was still serving. The fifth district to which Kossuth was assigned at the time the county was created was his to preside over, but as the county was not then organized he of course had no occasion for holding courts in it. The settled portions of the district chose C. J. McFarland judge in 1854, but the very few in this county then had no voice in the selection, as no election was held here that year. Although he held his office for four years he held no courts in Algona. Neither did Judge William W. Williamson of Des Moines, who was chosen in 1855 and served one year. As the fifth district embraced counties down on the Missouri line, the courts were seldom held as far north as Kossuth.
When the county by a new arrangement in 1858 was thrown into the fourth district, Judge Ashael Hubbard, of Sioux City, was elected to preside over the courts. Court was held in Algona for the first time in May, 1860, and Judge Hubbard presided. The old-time lawyers who had occasion to practice in his courts were unanimous in their opinion that he was a jurist of profound learn- ing. Those of them still living have had no occasion to change their minds in this regard since that time. He was certainly respected for his ability and good judgment.
Judge Isaac Pendleton, also of Sioux City, was the next to preside over the district courts of the county. He was elected in 1862 and held his office for four years. As the common-place nature of the cases before him for trial was such as to give him no opportunity to display his learning or his ability to handle cases of a perplexing character, no distinct remembrance of his real worth as a judge is entertained by the attorneys of this locality who came in contact with him while he was on the bench in this district.
Judge Henry Ford, of Magnolia, was elected in 1866. He presided with great dignity and was unchangeable in his decisions after he had announced them; but when he was off duty and at the hotel, he mingled with much famil- iarity with attorneys and other court attendants. Several trials of an important
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nature came before him in this county, and he showed himself equal to the occasions.
Judge Charles H. Lewis, on coming to the bench, was no stranger to the attorneys of this county, for he had been serving as district attorney just prior to his election to the judgeship in 1874. His home was at Cherokee where he was very popular. He was one of the early graduates of the law school at Iowa City, belonging to the class of 1869 when the institution was controlled by W. G. Hammond, C. C. Cole and Geo. G. Wright. His sympathy for the oppressed often caused him intense pain when the rigor of the law afforded no substantial relief. He was approachable from all sides but never allowed him- self to become imposed upon on that account. He was "Charley Lewis" to all who knew him when he was not presiding at court. His up-turned front hair, and his bushy chin whiskers always looked the same whether while on the bench or while having a friendly chat with his friends.
Judge E. R. Duffie, of Sac City, who was chosen to preside over the courts of the fourteenth judicial district in 1876, was a jurist of much ability. He was well liked for his sincerity and for his disposition to rule justly at every stage of the trial, but he failed to preserve his dignity and proper decorum at times when not on duty as a trial judge. He held his office for two terms before being succeeded.
Judge Lott Thomas, a practicing attorney of some considerable prominence at Storm Lake, was elevated to the bench of this district in 1884. He was a profound lawyer and his opinions on legal matters were received with respect. He had a frail body and very poor health. Sitting with his skull cap above his emaciated face and announcing his rulings with a weak, thin voice, he not only commanded respect, but aroused sympathy for himself unconsciously from all the court attendants.
George H. Carr, while a resident of Emmetsburg, was chosen district judge in 1886, and he began developing wonderfully from the very start as a trial judge. The conclusion, that there was something of excellence in him as a jurist, has been much strengthened since his removal to Des Moines where he has met with continued success.
Judge William B. Quarton began his long service as district judge by an appointment early in 1894. He was also nominated in June of that year and then elected in the fall. He held twelve full years besides the months he served during the year 1894. His elevation to that position while yet a young man was a fine testimonial of the confidence the electors had in his ability as a law- yer. As a trial judge he was in a class by himself, copying after none of his predecessors. An inexperienced, young attorney in his court stood as good a chance of receiving favorable rulings, when just, as though he were an old practitioner and assumed to be wiser in legal lore than Blackstone. Attorneys, furthermore, who were on the verge of defeat, could have ample time to produce all authorities which in any way was tended to support their theory of the case. It is a well known fact also that attorneys who hoped to secure through him favorable rulings on unjust grounds, because of familiar acquaintance or friend- ship, were doomed to disappointment. He is the only citizen of Kossuth ever elected district judge.
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Judge F. H. Helsell was a resident of Sioux Rapids when called to the judg- ship by appointment in 1898 as the successor of Lott Thomas. Helsell's ex- perience as an active practitioner enabled him to see through the sham pleadings of an attorney, and the probable truthfulness of a witness. His manner on the bench indicated that he would much rather be the trial lawyer than the trial judge. He had a special fondness for legal battles and knew all the tricks of the profession. He presided at the courts in this county only a few times.
Judge A. D. Bailie, chosen from the Storm Lake bar in 1900, retired from that position on the last day of the year 1912 to make way for his successor, Nels J. Lee, who was chosen at the November election. Judge Bailie won the admira- tion of thousands of people, during the twelve years he was on the bench, by his good judgment and tact in conducting courts and trials. No one holding that position has been able to retire with greater popularity than has Judge Bailie.
Judge D. F. Coyle, who has been on the bench since his election in 1907, is Judge Quarton's successor. His home is at Humboldt, where he has lived since boyhood. His knowledge of legal principles and his familiarity with reported precedents have surprised all attorneys who have had a chance to learn the depths of his legal education. He has had but few, if any, predecessors who were better informed as to what the law is, was, or ought to be than he. When he believes the supreme court is crazy in making some decision he doesn't hesi- tate to say so.
The judges are no longer followed around the district from county to county by district attorneys to prosecute in criminal cases. The law authorizing the election of a county attorney for each county displaced those old-time district attorneys whose familiar countenances in the court room are still remembered. There were in order Orlando C. Howe, Orson Rice, Charles H. Lewis, George B. McCarty, J. M. Tolliver and J. W. Corey. They were all good men for that position. Tolliver in particular was an eloquent speaker.
THE CIRCUIT JUDGES
The creation of the circuit court was of much later date than the district court. The judges of the latter in their courts in each county in the district found so many probate matters to attend to, and so many petty appeal cases from justice of the peace courts to be decided, that they could not clear the dockets, and hence were not able to dispose of all the business brought before them. To lift this burden from their shoulders the legislature in April, 1868, created the circuit court to have special jurisdiction over the class of cases and matters to which reference has been made. The judges of this court were elected in the fall of 1868, and assumed the duties of their office on the 1st of January following.
Jared M. Snyder, of Springvale (Humboldt), was the first to preside over the circuit court in this county. At the time of his election he had not been ad- mitted to the bar. He wore a shiny silk hat, as a part of his fashionable attire, and made a fine appearance. It is not remembered that any difficult cases came up before him for adjustment. It is remembered, however, that at the polls he defeated Marcus Robbins, Jr., for the position. This was regretted very
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much by the residents of this county who knew Mr. Robbins to be a lawyer of fine ability.
Addison Oliver, of Onawa, was the second to preside over the circuit courts of this county. He was called to that position by the electors at the polls in 1872 and served four years. He made things happen lively whenever the at- torneys failed to have their cases ready for trial and the petit jury had nothing to do. He is remembered as having been a good official for the place to which he had been elevated.
J. R. Zuver was practicing law at Sioux City when chosen for circuit judge of the fourth district at the polls in the fall of 1874. He was well posted in the law and had had some of the elements of a good judge. He had, however, the unfortunate faculty of giving personal orders in such a way as to bring opposition from some of the attorneys to his requests. His administration in this county is best remembered by the trouble that arose between him and At- torney George E. Clarke. It grew from bad to worse until the friction flashed sparks of anger whenever the two parties met at the trial of a case.
John N. Weaver was a member of the Algona bar when he was elected circuit judge at the general election in 1876. He had a hard struggle in defeating his worthy opponent, Lott Thomas, but made good when once elected. Further- more, he was financially poor when called to that position. These two circum- stances proved a benefit to him, because of the sympathy it aroused in the mem- bers of the bar who practiced in his court. He held the office for two terms with credit to himself and with satisfaction to all parties having legal matters before him for adjustment. His happy disposition helped to make him popular in court circles.
J. H. Macomber, of Ida Grove, was elected in the fall of 1886, to preside over the circuit courts of the district. While doing so numerous cases of importance in this county came on for trial in his court. He averaged in ability with his predecessors and succeeded correspondingly well. He was one of the judges holding that position when the circuit courts were legislated out of existence.
The nature of the old county court, with a review of those who presided over that pioneer tribunal in this county, having been sufficiently treated in the chapter on "County Government," that subject will not be discussed in con- nection with the courts of the judicial district.
THE KOSSUTH COUNTY BAR
Lewis H. Smith was the first resident in the county to engage in the prac. tice of the law. He was admitted to the bar in May, 1860, in Judge Hubbard's court, about five years after he had located. During the preemption days there was considerable work for an attorney to do. Judging from the number of times his name is signed to the pleadings as attorney in the early cases tried, he soon had quite a practice. He gave up all court work when he became quarter- master in the Border Brigade in 1862. Since the first of January, 1870, he has been cashier of the Kossuth County State Bank, but has retained his knowl- edge of the fundamental principles of the law.
Judge Asa C. Call was a member of the county bar, but when or where
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he was admitted to the practice does not appear to be on record, so far as yet ascertained. It is very probable that he studied law in Indiana. He was fre- quently interested in important suits in court, but generally was associated with some other lawyer who did the active trial work. His title, "judge," came to him because of his having been the first county judge of this county under the old law.
Marcus Robbins, Jr., came down from Minnesota and opened an office in 1865, and was the first in the county to make the practice of the law an exclusive business. He had a keen intellect, was an able debater and a convincing speaker before a jury. He was successful in his practice, and would easily have held the confidence the people reposed in him if he had allowed his friends to choose his only beverage. His death occurred a few years ago at Grants Pass, Oregon.
F. M. Taylor came to the county seat in May, 1869, from Oconomowoc, Wis- consin, while the Milwaukee roadbed was being graded into the county. He came ahead of the rush to get in on the ground floor in the law practice. He soon acquired a reputation for honesty in handling his client's money, a reputa- tion he still enjoys. He has been justice of the peace for a long period of years and has acquired a wide circle of friends in the meantime. Frank is accom- modating and has other good qualities that the community appreciates.
George E. Clarke came up from Webster City in January, 1870, and be- came associated for a time with Judge Asa C. Call in the practice. In this firm Mr. Clarke was the trial lawyer. His rise to popularity in the profession was rapid. As he had been reared in an atmosphere of law he was thoroughly famil- iar with the requirements of the practice, and was well posted in all the tricks which one attorney could play upon another in the trial of a case. His father and brothers being lawyers, he had acquired much legal knowledge from them. No lawyer at the county seat ever had greater popularity as a practitioner than did he for fifteen or twenty years. He tried many important cases for the Mil- waukee Railroad Company and other corporations. His practice was large and growing until ill health interfered. The members of the local bar paid a beau- tiful tribute to his memory when he died a few years ago.
Charles Birge was another of the lawyers who came and located in 1870. He was a graduate of the noted Albany law school and had been in the practice at St. Louis. He came from Janesville, Wisconsin, to this county in very feeble health. When Algona became incorporated he was chosen its first mayor. Dis- ease carried him away at a time when he was beloved by all. As an unusual mark of respect the band played a dirge at the head of his funeral procession.
H. S. Vaughn located just prior to the coming of the first train to Algona in 1870. He had lost an arm at the battle of Cold Harbor and later had studied law in Wisconsin. In the trial of criminal cases he was especially successful. He had worked up a good practice and was making money when he left and located at Denver, where it is understood he has become wealthy.
J. B. Jones was admitted to the bar in 1870, the next year after his arrival from Wisconsin. His principal business was dealing in land and running a stock farm. He did not practice law himself but had partners at various times who did. He is now deceased.
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A man of the name of Herron opened a law office in 1870, but soon closed it and began teaching a class in German.
Pitt Cravath came from Whitewater, Wisconsin, in the early '70s and entered into the practice. He became associated with Charles Birge in the work. For several years he was the sole owner of the old Upper Des Moines and was its editor. He sold out in 1880, and later went back to Whitewater to live, and remained there until his death.
J. H. Hawkins made his appearance in 1872 and after hanging out his shingle, settled down to the practice. He came from Jessup, Iowa. Being a good trial lawyer, he was often employed to combat with George E. Clarke. His faculty for remembering the exact testimony of witnesses, at the close of a trial, which had lasted two or three days, was wonderful. He always wore tailor-made suits and a silk hat. He left the county in 1883, and died a short time ago in the southern part of the state.
Edwin Blackford read law with his uncle at Elkhart, Indiana, and after being admitted to the bar in 1873, returned to Algona the following year. He soon went to California where he remained for several years before returning. He has never practiced law in this county. When the County Mutual Insurance Company was organized he became its secretary, a position he is still holding.
Ben F. Reed was admitted to the bar in 1873 at Iowa City, where he had graduated that year from the law department of the State University. In 1874 he became the junior member of the law firm of Wright & Reed at Waverly, but soon returned to Algona and became associated in the practice with J. H. Hawkins. Later he was the second member of the law firm of Raymond. Reed & Raymond. In the fall of 1901 he became the editor and manager of the Algona Advance.
J. N. Weaver came up from Humboldt in 1874 and opened up his law office. It then being grasshopper times he had a hard struggle to support his family. There was but little business for him to do, and no money in sight to pay for attorney fees. He was compelled finally to mortgage his law library to obtain his necessary expense money. Fortune smiled upon him in the fall of 1876, when he was elected judge of the circuit court, a position which he filled for a couple of terms with entire satisfaction. He died a few years ago at his home at Sioux City.
During the year 1875 a young lawyer by the name of Doran established his office up stairs in the Sheetz building, but soon starved out and left for parts unknown.
John Gates had a fair practice at Nora Springs and gave it up in 1876 to locate in Algona. Coming during a grasshopper year he soon regretted the change and went back to his former clients.
C. G. Jones, resident, was admitted to the bar in 1876. Being red-headed and of a fiery, blustering disposition he was well known by the name of Bliz- zard Jones. His wife was a milliner and when she decided to try another loca- tion he of course went with her and shook the Algona dust from his feet.
A. I .. Hudson after being admitted to the bar in 1876, came and entered into partnership with C. G. Jones. Later he was for a time associated in the prac- tice with J. B. Jones. He was a fluent speaker and fond of delivering addresses.
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He was the editor and half owner of the old Upper Des Moines for some time. He sold his interest in the paper to Harvey Ingham in the fall of 1882. After con- tinuing his practice here for a while he worked for a law firm at Sioux City. Finally he gave up the practice and is now preaching in the East for the Uni- tarians.
A. F. Call, eldest son of Judge Asa C. Call, was admitted to the bar in 1877. He attended the West Point Military Academy to acquire a substantial basis for his legal education. He at first entered into partnership with W. P. Cool- baugh and then in 1884, became one of the firm of Clarke & Call. He had good natural ability and developed into a successful lawyer. He and George E. Clarke made a strong team. In 1889, he went to Sioux City and became one of the partners in the firm of Joy & Call. He is now running a large orange ranch at Corona, California.
C. P. Dorland and G. G. Ames opened their law office in 1880. The former soon accepted a position as head of the city schools. Later he went to Georgia to practice law but soon came back. He is now preaching for the Congregational- ists at Los Angeles. Mr. Ames is practicing his profession at Portland, Oregon.
Jo. Harry Call was admitted to practice law in 1879. He soon opened an office in Des Moines, but after a few years went to I.os Angeles where he still resides and where he has become a lawyer of considerable renown. He has won some very important cases in the federal courts which have given him a good standing with the legal fraternity on the Pacific slope.
Harvey Ingham was admitted to the bar in 1881, after having graduated from the collegiate and law departments of the State University. In a few months he entered journalism, a vocation in which he is still engaged. The half interest he had bought in the old Upper Des Moines he sold in 1902 to take charge of the editorial work of the Register and Leader.
W. L. Joslyn located in 1882 and flung his shingle to the breeze. He prac- ticed until he found ways of making money more easily from land speculations. He still lives in Algona and goes to his office only when he feels like it.
Judge W. B. Quarton, after being a student at Oskaloosa College, read law with the Hon. John F. Lacey and then graduated from the University Law School in 1882. That fall he opened up an office in Algona, and was joined in partner- ship the first of the following year with G. T. Sutton. The latter soon leaving, the former continued on alone with increasing clientage until 1894, when he was elected district judge. This position he held for twelve years and then re- sumed his practice. He is a persistent student and prepares his numerous cases carefully for trial. His mind being analytical, his arguments to the court or jury are characterized by their logic, clearness and force. He is a ready ex- temporaneous speaker on almost any subject the occasion demands.
J. C. Raymond came to the county in 1882 and opened an office at Lu Verne where he practiced until he was elected county attorney in 1892. Then he moved to the county seat. After his son Ernest was admitted to the bar the two practiced together. J. C. was a delinquent student and had, as a result, a good comprehension of the issues involved. Brother lawyers had a hard time demur- ring to his petitions for his penmanship was such that his pleadings were sus-
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ceptible of various translations. Both father and son are now in the practice at La Crosse.
R. J. Danson made his appearance in 1882 and jumped into a paying prac- tice in less time than did any other lawyer in the county. He burned midnight oil in preparing his cases, and won where he otherwise would have failed. He was making money from his growing practice when he decided to locate at Spokane, where he has since become the attorney for various large corporations. He was the first county attorney for Kossuth, having been elected in the fall of 1886. Three years before that time, J. B. Loomis was associated with him for a brief period. His brother, W. C., was also associated with him for several years.
In the early '80s, G. W. Pangburn began practicing and had located two or three times before settling at Algona. The profits derived from making land sales lured him away from his profession.
Samuel Mayne was admitted to practice in the legal profession in 1883. He first located at Bancroft and later at Algona. He was a fine appearing man and had considerable natural ability, but did not become serious in making the law a con- stant study. He served one term in the legislature, his election occurring in 1895. He is now out in the mountainous country seeking his fortune.
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