History of Kossuth, Hancock, and Winnebago counties, Iowa; together with sketches of their cities, villages, and townships, educational, civil, military, and political history; portraits of prominent persons, and biographies of representative citizens, Part 72

Author:
Publication date: 1884
Publisher: Springfield IL : Union Publishing Co.
Number of Pages: 950

USA > Iowa > Kossuth County > History of Kossuth, Hancock, and Winnebago counties, Iowa; together with sketches of their cities, villages, and townships, educational, civil, military, and political history; portraits of prominent persons, and biographies of representative citizens > Part 72
USA > Iowa > Winnebago County > History of Kossuth, Hancock, and Winnebago counties, Iowa; together with sketches of their cities, villages, and townships, educational, civil, military, and political history; portraits of prominent persons, and biographies of representative citizens > Part 72
USA > Iowa > Hancock County > History of Kossuth, Hancock, and Winnebago counties, Iowa; together with sketches of their cities, villages, and townships, educational, civil, military, and political history; portraits of prominent persons, and biographies of representative citizens > Part 72

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After Hancock county was organized, books were procured and the records kept at the house of the first recorder, Reuben Church. The first deed entered by him upon the new records was executed by Luke Nichols and his wife, Maria Nichols, to P. E. Goodale, on the 25th of October, 1860. In consideration of $1,500 it con- veyed to the latter party the southeast quarter of section 21, township 97, range

576

HISTORY OF HANCOCK COUNTY.

26, and the southeast quarter of the south- east quarter of section 13, township 96, range 26. It was acknowledged before J. L. Brown, justice of the peace.

There are now twenty-eight books of deeds, divided as follows: Warantee deeds of land, town lot deeds, right of way deeds and homestead records.

The first mortgage bears the date of April 29, 1859, and was filed for record June 1, of the same year. It appears to have been given by William C. Gilpin, to

George Knowles, of Osage, to secure the payment of the sum of $235 one year after date. The land covered by it was the northeast quarter of section 25, in town- ship 94 north, of range 24 west, in the Turkey river land district.

There are now sixteen books of mort- gages, being divided as follows: seven real estate, two school fund, one town lots and six chattel.

The whole number of record books in the office at present is forty-four.

CHAPTER V.

THE COURTS OF HANCOCK COUNTY.

Man is an imperfect being, and as such ' rights of every citizen of high or low requires that laws shall be enacted for his ¡ degree have ever been maintained. government. When the Almighty placed DISTRICT COURT. Adam and Eve in the garden of Eden, he When Hancock county was organized it was placed in the then newly formed 11th judicial district, and of which John Porter was then judge. This was formed in conformity with the new State consti- tution, just adopted, and under which the office of prosecuting attorney for each county was abolished, and a district at- torney for the judicial district was elected. gave laws for their observance, with the penalties attached for their violation. The children of Israel, after leaving the Egyptian land, were given the "ten com- mandments," the principles underlying which have probably been the basis of all laws from that time to the present. The existence of laws necessarily implies the existence of courts wherein all questions of law shall be determined. This fact being set at rest, the framers of the State constitution instituted certain courts of justice, with well-defined powers. Changes have been made in the jurisdiction of these courts from time to time, but the

The first term of this court ever held in Hancock county was convened on the 24th of May, 1860, at Upper Grove, Hon. John Porter, judge of the 11th judicial district, presiding. There were present besides the judge, Daniel D. Chase, special prose- enting attorney; Charles M. Church,

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HISTORY OF HANCOCK COUNTY.

sheriff, and C. D. Pritchard, clerk. The first business transacted by this court was the admission of C. D. Pritchard and II. N. Broekway to practice as lawyers. These gentlemen, believing that they could do something toward the settle- ment of the disputes arising in the county, asked the court for permission to attach "Attorney" to their names, which was granted upon the report of the examining committee being favorable thereunto.

The first case upon the doeket that came up for adjudication was that of J. W. Woods vs. W. C. Gilpin. This was an action on a promissory note, brought up on appeal from a justice's court. H. L. Hoffman and Daniel D. Chase appeared for the plaintiff, and W. C. Stanbery for the defendant. The de- cision of the lower court was reversed and judgment given for the plaintiff.

But very few cases came up for decision, most of those upon the docket heing either settled or continued by consent of the parties.

The second term of the district court was held in May, 1861, at the same place, there being present, Hon. John Porter, judge; D. D. Chase, prosecuting attorney; C. D. Pritchard, clerk, and Charles M. Church, sheriff; together with the usual array of legal talent. The first business transacted was the return of the venire of grand jurors, as follows: Anson Avery, Jacob Ward, Richard Colburn, James C. Bonar, B. F. Denslow, Joseph Bartb, Charles Lutz, George Stoskopf, F. M. Colburn, A. Baker, Douglas Magill, Malcolm Magill, Orick Church, Edward Thorpe and George Savogue. The court appointed Jacob Ward as foreman, and

swore in the whole number. With these preliminaries, the jury retired for delib- eration under the eye of C. Church, as bailiff.

Some trouble having arisen in a set- tlement with Charles Church, he feel- ing himself wronged, sued the county of Hancock, at this term of court, for the sum of one dollar. Judgment was given in his favor and his wrath was appeased. There was present, of the legal luminaries, at this court, the following well known attorneys: W. C. Stanbery, M. P. Rose- crans, H. N. Brockway, C. D. Pritchard, D. D. Chase, James Crow, James W. Wood, of Hardin county, who has been so long recognized under the nickname of "Old Timber," and Henry L. Huff, also a bright example of the bar of that same county.

The regular May term, 1862, was opened upon the 29th day of that month, Judge John Porter presiding. The first crimi- nal case tried in llancock county, being upon the docket of this court. It was a ease against Charles and G. Gilpin and Stephen Gillespie, for aggravated assault upon the person of II. N. Brockway. This case was continued along from term to term, and was settled, according to the record, by a plea of guilty and the pay- ment of a $5 fine.

The next term was held in May, 1863, and was presided over by John Porter, judge of the 11th district; C. C. Doolittle was present, as clerk, and John Maben, as sheriff. But little business was transacted and but a short session was held.

At the May term of 1864, for only one term was held a year then, Judge Porter was on the bench; Charles C. Doolittle,

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HISTORY OF HANCOCK COUNTY.

clerk; and John Maben, sheriff. A num- ber of minor suits came up at this term, and, with one exception, are without inter- est to the general reader. That exception was the case of Hancock county against William Aldrich. This was an action to recover the amount of a doctor's bill. It seems that a son of Mr. Aldrich had crushed his hand badly in a cane mill, and the old gentleman was endeavoring to heal up the broken bones and bruised flesh with raw sorghum molasses, until it was almost in a state of gangrene. The town trustees, becoming cognizant of it, ordered a doctor to attend to it, and out of this, grew the suit. After a trial before a jury, that body could not come to any under- standing, and on reporting the fact of their disagreement to the court, they were discharged and the case allowed to lay over from court to court, until it was taken, by change of venue, to Winnebago county, where judgment was rendered for the county.

On the 4th of July, 1864, the 12th judi- eial district was created, and comprised the counties of Worth, Winn bago, Mitchell, Hancock, Floyd, Cerro Gordo, butler and Bremer. The counties, however, held to their old districts for court purposes, un- til January, 1865. At the election on the 8th of November, 1864, William B. Fair- field was elected district judge, and John E. Burke, of Waverly, district attorney. Judge Fairfield was re-elected in 1868, and I. W. Card was elected district attor- ney. In 1870 Judge Fairfield resigned, and George W. Ruddick, of Bremer county, was elected to fill the vacancy. Since that time, he has been elected his own successor at the end of each term,

and is the present ineumbent of the office. Hle is a native of New York State, where he was born in May, 1835. He graduated from the Albany Law School, in April, 1856, and was admitted to the bar. Came west in the same year, and entered into the practice of his profession that fall. lle is a man of fine legal attainments and has made more than an acceptable judge. CIRCUIT COURT.

By an act of the General Assembly, passed and approved April 3, 1868, courts of this discription were established in lowa, and each judicial distriet was di- vided into two circuits, in each of which, at the general election, in November, 1868, and every four years thereafter, it was provided that a circuit judge should be elected. Four terms of court were pro- vided, per year, in each county in the circuit. By this act, the office of county judge was abolished, and all business per- taining to that office, was transferred to the circuit court, which was to have con- current jurisdiction with il e district court in all civil actions at law, and exclusive jurisdiction of all appeals and writs of error from justice's courts, mayors, courts and all other inferior tribunals, either in civil or criminal cases. Hancock county, together with others, made a circuit of the 12th judicial distriet.

H. N. Brockway was elected the first circuit judge, for this circuit, and served from Jan. 1, 1869, until January, 1873, when he was succeeded by Robert G. Reiniger, who has since been elected his own successor, being the present judge of the circuit court.

The first term of circuit court for lan- cock county was held at Concord, com-

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HISTORY OF HANCOCK COUNTY.

mencing Jan. 11, 1869. Hon. Harvey N. Brockway presided as judge; J. II. Beadle was sheriff, and L. B. Bailey elerk. The following was the venire of the petit jury summoned, and who all appeared: Joseph M Whitis, Richard Colburn, John Martin, E. II. Foster, John Melins, C. W. Rogers, John Christie, Jr., Daniel Perry, J. J. Barker, Robert Elder, J. Q Beadle, Cephas Church, Andrew Bolsinger, Malcolm Ma- gill and Edward Hughes. No business presenting itself, the court, after organi- zation, adjourned, sine die.

COUNTY COURT

In 1851, by an act of the General As- sembly, county courts were established and the office of county judge was created. Heretofore, most of the business of that office had been done by the probate judge and the county commissioners, but upon the creation of the county court, both these were abolished as sineeures, and

their functions devolved upon the newly created court. The first county judge was M. P. Rosecrans, one of the early settlers of the county, and one of its oldest attor- neys, if not the first, being admitted to the bar by the district court of Hardin county, in September, 1857. Upon his shoulders devolved the task of perfeeting the organization of the county, doing all that was necessary to complete a system of county government. Judge Roseeran's successors were Phineas Haywood and G. W. Elder. During 1861 the offices of county supervisors were created, which re- lieved the county judge of much of the business which had previously devolved upon him.

In the chapter entitled, National, State and County Representation, this office is treated in detail and mention made, at length, of the several occupants of the official honor.

CHAPTER VI.

POLITICAL.

The political history of a Nation, State or county is always of great interest. Especially is this true of a free land, where, in the eyes of the law, all are equal, and the most lowly-even the rail splitter, the tailor or the treader of the tow-path-can attain the highest honor that can be bestowed upon an American citizen. It is only a question of merit, and where this exists, it must, sooner or

later, push aside the chaff and rise to the top, where it will be respected and re- warded. Ilow many instances of this have occurred in the political history of America? The greatest men who have graced the halls of Congress, from the time of Washington to the present, are examples of it, and this must continue through time to come, so long as equality and democratic principles are supported

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by the masses. The policy of the gov- ernment justly encourages politieal ambi- tion, and we watch with satisfaction those in the arena, as step by step they pass from the humble walks of life and ascend the ladder of fame. Much as it may be denied, nearly every true citizen has a political ambition, and even if he does not reach the highest pinnacle, the possibility exists that his children may.

There is an excitement about a political campaign which all enjoy, and although personalities are often indulged in, yet, as a general thing, all yield gracefully to the verdict of the people, as represented by the majority vote, and submit to "the power behind the throne." There are al- ways issues which arise, affecting the country, and which often lead to bitter struggles for the supremacy. In this chapter is sketched a synopsis of the issues as far as possible, and the local com- plexion of the various campaigns since the organization of the county is given. Following this is presented the official. vote of every general election.

Hancock county was organized in 1858, and the first election took place on the 28th of June of that year. In those days there was not, visible in political cam- paigns the excitement or eagerness to win at the expense of others, but it seemed that in those pioneer days, there was more of the feeling of the brother- hood of man existing, and while contests may have been sharp and pointed, the en- mity and bitterness of to-day was un- known.

At this first election there was no ex- element nor contest, as but one party was nominated for each office, and of

course all the candidates were elected. The vote cast numbered only twenty-two in all.

Another election was held on the 12th of October, 1858. At this election only one officer seems to have been voted for, the county judge. The candidates were M. P. Rosecrans and G R. Maben, the former receiving eighteen and the latter seventeen votes.

At the fall election of 1859 more in- terest seems to have been betrayed, as in most of cases the point was strongly con- tested, and the successful candidate had but a small majority to brag about in the end. Charles D. Pritchard and Reuben Church contesting for the office of treas- urer and recorder, the former received thirteen, the latter twenty-two votes. Three candidates there were for the office of sheriff, B. Haskins, David F. Hunt and Charles M. Hunt, the latter being elected by a plurality of five votes. For superin- tendent Charles Gillespie defeated James C. Bonar by one vote in a total ballot of thirty-seven. For drainage commissioner and surveyor the vote was just as close, resulting in the election of Richard Col- burn and Bernard Bolsinger to those re- spective offices.

With the campaign of 1860 came many new elements of discord in the political field. Already rampant trea-on reared its hideous head from southern swamps, and the issue of slavery was seized as the issue upon which to base the war cry of the dissonant parties. The country was deeply moved, and questions stirred the popular heart as never had occurred be- fore. The storm had been gathering in the political sky ever since the repeal of

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HISTORY OF HANCOCK COUNTY.

the Missouri compromise, and it had not been calmed when "bleeding Kansas" eried out from beneath the rufhan's lash and borderer's pistol and knife. The raid of John Brown, that ended so disastrously for him at Harper's Ferry, roused the evil demon in Southern bosoms, and with both sides excited beyond measure, the country entered upon its most memorable eam- paign. The republican convention met at Chicago, for the purpose of placing in the field candidates for the Presidency and vice-Presidency. The names of Sew- ard, Chase, Blair and Bates were bandied about from mouth to mouth, but when the name of Abraham Lincoln, of Illinois, was produced, the cheers and demonstra- tions of the convention plainly showed him to be the prime favorite. After three ballots he was declared the unanimous choice of the convention, and Ilannibal Hamlin, of Maine, was chosen to fill the place of second upon the Presidential banner.

The Democratic National Convention met at Charleston, S. C., April 23, 1861, but disagreements arising between the sectional parts of that great party, no choice could be effected, and after fifty- seven ineffectnal ballots, many southern delegates withdrew and an adjournment was had to Baltimore. Here, upon the 19th of June, the convention again met, and after a stormy meeting Stephen A. Douglas was nominated for Chief Magis- trate of this free people and Il. V. John- son for second.

That portion of the convention that had seeeded, held a meeting of their own, and placed in nomination the then vice- Presi- dent, John C. Breckenridge, for President,

and Joseph Lane, of Oregon, for vice-Presi- dent. A Union conservative convention also placed in nomination for the same offices the names of John Bell, of Tennes- see and Edward Everett, of Massachusetts.

These four Presidential candidates in the field, the exciting question of slavery in the political field, together with the threats of secession made by southern leaders, if Lincoln was elected, all com- bined to make this one of the most excit- ing forerunners to what followed; the fierce and fiery orchestral prelude to the bloody drama, war! Large and enthusi- astie meetings were held by all parties, in all the cities, towns and villages through- out the land.

The Republican State Convention of Iowa met at Iowa City, May 23, and nomi- nated a State ticket, adopting, at the same time, a platform in harmony with the ac- tion of the National convention, endors- ing its nominations, and favoring rigid economy in State matters.

The Democratic Convention met at Des Moines, July 12, nominated a State tieket, and endorsed the choice of Douglas and Johnson. The Union ticket was strongly condemned and denounced as milk and water, skim milk, etc.

In Hancock county but little of this bitterness was seen in the choice of officers for the county. All the rancor and animosity in the matter was seem- ingly centered on National and State questions. Charles D. Pritchard was elected clerk of the courts, beating his rival, A. II. Stiles, by a majority of two. Charles Church had also the same ma- jority over Charles Gillespie, for the office of school superintendent. B. Haskins

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HISTORY OF HANCOCK COUNTY.

was elected drainage commissioner by a unanimous vote of forty-four, which were all the ballots cast.

The war was in progress during the polit- ical campaign of 1861, and issues growing out of the conduet of the war, were the points of dispute. The republicans were the first to hold their convention, meeting at Des Moines, in July. They placed in nomination a State ticket and adopted a platform heartily endorsing the action of the government in trying to coerce the re- bellious States, denouncing the doctrine of secession, and declared in the warmest terms that the Rebellion must be quelled at any cost. The democratic party, while unequivocally denouncing the secession of the States, condemned the action of the government in trying to maintain the supremacy of the States by arms. The campaign in this county afforded but little interest, the all absorbing topic be- ing the course of the war. A light vote was cast, only forty-eight ballots being deposited. Where any candidate was known to affiliate with any party, it was found, however, that the lines were drawn very closely. M. P. Rosecrans was elected county judge by a bare majority of two over B. F. Denslow. Reuben Church had thirty-eight votes for treasurer and recorder, and James Crow but twenty- three. Although H. N. Brockway polled a large majority of the votes of this county, for the office of representative at Des Moines, he was not able to overcome the opposition in the other counties that went to make up this district. B. A. Hill was the successful candidate for sheriff and J. M. Elder for superintendent. Four candidates contended for the office of sur-

veyor and Bernard Bolsinger was the for- tunate aspirant. Although the office of drainage commissioner was of no ac- count, votes were given for all of the following gentlemen: J. Ward, B. Ilas- kins, J. M. Elder, Thomas Magill, Wil- liam C. Gilpin and A. Williams. Mr. Ward was duly elected.

The reverses met with by the Union Army during the year 1862 had its de- pressing effect upon the campaign. The democrats met in convention in Des Moines and adopted a platform in which was declared that they were in favor of using all constitutional means for the suppression of the Rebellion, but were op- posed to any confiscation or emancipation scheme; were opposed to any suspension of the habeas corpus, and declaring the superiority of the white over the black race, and opposed to the purchase of the slaves.

The republicans in their platform, adopted at Des Moines, simply reiterated its former platforms upon the subject of loyalty to the government and a vigorous prosecution of the war. In this county politics do not seem to have entered into the field, but each officer seemed to run upon his own merits and capability to fulfill the duties of the office. C. C. Doo- little was elected clerk of the court over both C. D. Pritchard and G. R. Maben, by a majority of four. John Maben cap- tured the office of sheriff by twenty-eight votes out of a total vote of thirty-four. J. M. Elder, a democrat, however, was elected county superintendent by a ma- jority of fifteen.

The democracy of the State met in con vention at Des Moines, July 8, 1863, and

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HISTORY OF HANCOCK COUNTY.

nominated a ticket for State officers. Questions growing out of the war still afforded issues betwween parties. The writ of habeas corpus had been suspended in some States not in rebellion, and the Proclamation of Emancipation had been issned. These, the platform of the demo- cratic party opposed, while on the con- trary, the republicans, in convention, favored.

In Hancock county, only a fair vote was polled, the general population being too much scattered to get up much enthu- siasm. M. P. Rosecrans, for county judge; John Maben, for sheriff; M. L. Fuller, for superintendent, were the suc- eessful candidates by fair majorities, while Jacob Ward had no opposition for the office of treasurer and recorder.

In 1864 Abraham Lincoln was re-nomi- nated by the republicans and Andrew Johnson, of Tennessee, associated with him. The democrats put in nomination Gen. George B. MeClellan, for the Presi- deney, and George Il. Pendleton, for the vice-Presidency.

The republicans of the State held a convention at Des Moines, July 7, and adopted a platform endorsing the action of the National Convention, and paying just tributes to the soldiers and soldier's wives, who were daily making sacrifices for the Union. The democratic party met, also, in convention, at the same place, July 16, selecting a State ticket, but adopting no platform.

In 1865 the republicans were the first to hold their convention, meeting at Des Moines, June 14, nominating a ticket and adopting a platform. The "Union Anti-Negro Suffrage party," met at the

capital, August 23, nominated a ticket and adopted a platform. The democrats also met in convention the same day, but made no nominations, the party support- ing the "Soldier's Ticket." In this county Phineas Haywood was elected county judge ; H. N. Brockway, treasurer ; A. Yerington, sheriff; James Crow, surveyor, and S. Whitcombe, coroner, by more than a two thirds majority. C. C. Way, the successful candidate for the office of school superintendent, however, had con- siderable opposition and only winning the battle by a majority of seven votes.

The campaign of 1866 was fought upon the issue of reconstruction in the south. This was the beginning of what was called the "liberal republican" movement. In Haneock county polities had little to do with the election, as J. M. Elder, a democrat, was elected by a majority of fifty-five, to the office of clerk of the courts, and L. B. Bailey, a republican, to that of recorder.

The general issues dividing the parties in 1867 were about the same as in 1866, and in this county the republicans carried the day on State matters, but on the county offices, the best men went into office irrespective of party and without opposition. It may be noted that the people of Hancock county desire capa- bility and integrity in their officers, above polities.

The year 1868 brought with it another Presidential campaign. The Republican National Convention met in Chicago, and placed in nomination U. S. Grant, for the office of President, associating with him Schuyler Colfax, of Indiana. The Demo- cratie National Convention nominated

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HISTORY OF HANCOCK COUNTY.

Horatio Seymour and Francis P. Blair, Jr., for the same offices. The financial question began to be a leading issue, es- preially in reference to the payment of the bonds in specie or greenbacks, the republicans favoring their payment in coin and the democrats opposing.

The campaigns of 1869, 1870 and 1871, were devoid of much interest, and were but repetitions of the results of previous years, as a glance at the official vote in this chapter will show.

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History of Kossuth, Hancock, and Winnebago counties, Iowa; together with sketches of their cities, villages, and townships, educational, civil, military, and political history; portraits of prominent persons, and biographies of representative citizens, Part 72

Author: Publication date: 1884 Publisher: Springfield IL : Union Publishing Co. Number of Pages: 950

Author:
Publication date: 1884
Publisher: Springfield IL : Union Publishing Co.
Number of Pages: 950