History of Kossuth and Humbolt 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 36

Author:
Publication date: 1884
Publisher: Springfield, Ill. : Union Publishing Company
Number of Pages: 898


USA > Iowa > Humboldt County > History of Kossuth and Humbolt 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 36


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In 1874, C. H. Lewis, who had held the position of district attorney during the four years previous, as mentioned, was called npon by his fellow citizens to assume the higher duties of judge of the district court, which he did to the satis- faction of all. He, however, held it for but two years, when E. R. Duffie was elected to the ermine. He was re-elected in 1880, this county having at that time become a part of the new 14th judi- cial district, and still occupies the bench. Judge Duffie is a resident of Sac City, and is a native of Lewis county, State of New York. He came to Iowa in 1867, and is counted as one of the finest lawyers in this district. Shrewd, well posted on all law, he seldom errs in judgment, and is quoted as a model jurist.


CIRCUIT COURT.


The business requiring the attention of the district court having grown too oner- ous, in April, 1868, the General Assembly established a circuit court having the same general jurisdiction as the district court in all civil actions, and having con- trol of all probate matters, and exclusive jurisdiction on all writs of appeals from inferior tribunals. This law went into effect the first Monday of January, 1869, and the first judge to grace the bench in this circuit was a Mr. Snyder, who had been elected the previous fall. Mr. Suy- der was a resident of Humboldt county. He held the office for four years with credit, and the approbation of the bar, although not a lawyer, when elected.


'Addison Olliver was elected to fill the position of judge of the circuit court in 1872, and occupied the bench for one term of four years.


J. R. Zonver was elected to fill this position in 1874, and held it four years, when he stepped aside to make room for a successor.


In 1876 J. N. Weaver, one of the orna- ments of the bar of Kossuth county, was called upon to assume the judicial robes and ascend the bench, which he did. He was re-elected at the general election, in the fall of 1880, and is the present incum- bent of the office.


COUNTY COURT.


This, as has been stated, was the gov- ernment of the county at an early day, and combined the powers and authority now delegated to the board of supervi- sors, county auditor and circuit court. The first county judge was Asa C. Call, one of the pioneers of the county, upon


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whom devolved the difficult task of or- ganizing the county, then in its infancy. Judge Call's successors were: Lewis HI. Smith, Jerome E. Stacy, D. S. McComb, Chauncey Taylor and Luther Rist. Dur- ing 1861 the board of supervisors came into being, thus cutting off some of the authority and business of the county


judge, and in 1869, on the creation of the county auditor and circuit court, the office having no further business, was abolished.


These officers may be found treated in greater detail, in the chapter entitled, "National, State and County Representa- tion," to which the reader is respectfully referred.


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CHAPTER VII.


THE BAR OF KOSSUTH COUNTY.


A faithful record of the bar of any county should be of more general interest than perhaps any other part of its annals. No men are more widely known, or are more public property than the members of this honorable profession. Upon them depend so much that is of vital interest to the lives and property of every indi- vidual in the community, for it must be borne in mind that upon the judicions framing, and the wise interpreting of the laws, depend, in a large measure, the pros- perity of the country. Therefore it must be that anything relating to these gen- tlemen must form a very important por- tion of the history of the county. The bar of Kossuth county, has in no respect, been behind any other portion of this broad land of ours, as some of the best legal minds, fairest logicians and finest orators in the State have practiced at its bar, and have been proud to claim a resi- dence in the county. Many of them have been honored with political preferment, and have represented their constituents in the councils of the State and sat upon the woolsack, as judges.


Perhaps no business requires a severer code of morality than does that of the profession of the law, and any swerving from a straight line causes a large falling off in practice. But the members of the


bar of Kossuth county have been, with few exceptions, an honor to their county and State. So far as the material wonld permit, personal sketches are given in this connection of all who have practiced before the bar of courts in this county. Intentionally, none have been omitted, and much would have gladly been said of many of them were the data accessible.


Judge Lewis H. Smith was the first lawyer in the county, having been admit- ted to the bar in 1860, but never practiced to any extent except in the earlier years of the county's history.


The first to enter the county and make a business of practicing law was Marcus Robbins, Jr. This gentleman came to Algona during the year 1865, and opened an office. He had been admitted to the bar in Minnesota and had been engaged in practice there. He had a fair library and was a well read lawyer; an excellent office worker and a good debator. He worked np considerable practice and in 1868 was nominated for the office of judge of this circuit, which had just been cre- ated. He is now a resident of Washing- ton Territory, where he is engaged in the the practice of his profession.


Judge A. C. Call was admitted to the bar abont the time that L. H. Smith was, but never practiced to any extent.


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Having thus defined the position of the first lawyers in the county, it will be in order to give a full account of the other members of the bar, in this connection. Among those who have practiced at the bar of Kossuth county, and who have been resident lawyers, but who have either died, removed hence or quit practice, were the following: J. H. Hawkins, Mr. Doran, G. G. Ames, A. D. Clarke, J. B. Loomis, Mr. Herron, C. G. Jones, A. L. Hudson, Pitt Cravath, Charles Birge and John Gates.


Jasper H. Hawkins practiced law in Algona, from 1872 until May, 1883. He came to Kossuth county from Jessup, Buchanan county, and while here acquired a large and lucrative practice. He was a well-read lawyer, posted on all questions of jurisprudence, subtle in argument and forcible in logic. He removed to Des- Moines, where he has worked up an ex- tensive business, although his advent in the capital city has been of recent date.


Mr. Doran located at Algona in 1875, but staying but a short time was hardly identified with the bar of Kossuth.


G. G. Ames, a member of the bar at Algona, located in that city in 1880, and remained about one year. He is now in Oregon, engaged in the practice of his profession.


Mr. Herron came to Algona about 1870, and remained for several years. He was a man of more than average ability and excellently educated. He did not give much attention to his law practice, al- though he did to some degree, but was much engaged in teaching foreign lan- guages, especially German, a tongne in which he was a proficient.


C. G. Jones came to Algona in 1871 and was admitted to the bar, while a resident of that place, in 1876. A more able law- yer, or office-worker, never was in the county, except that when he came to plead, the least little opposition set him off, and he swept down upon his adversary with a torrent of words and violent ges- ticulations. He was intensely nervous, and this taken in connection with the fierce onslaught he made upon any and every opponent, gained for him the nick-name of "Blizzard" Jones. Several years ago he left this county and is now located in Milwaukee, where he has a large practice.


A. I .. Hudson, a brilliant young man, who gave evidence of a rich intellect, well-stored, located in this county, at Al- gona, in 1876. He acquired considerable practice, and was for some time the editor the Upper Des Moines, and his keen pen- notes in that paper are models of cutting sarcasm and scintillating wit. In 1882 he removed to Sioux City, where he is making quite a success in the line of his legal profession.


Pitt Cravatlı, at one time the editor of the Upper Des Moines, was also a practio- ing lawyer at the bar of this county. He is now at Whitewater, Wis., engaged in the newspaper business for which he has natural abilities.


John Gates, an attorney of the Floyd county bar, came to Algona and entered into practice during the year 1876, but remained but a short time when he re- turned to Nora Springs, where he at pres- ent resides.


Charles Birge was one of the legal pro- fession of Kossuth county, who came to Algona in April, 1870. A more extended


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sketch of the gentleman may be found un- der the head of first officers of the incor- porated town of Algona, he having the honor to have been the first mayor of that place.


The Algona Bar Association was organ- ized with the beginning of the year 1883. The first election for officers was held upon the 13th of January, and the following were chosen : George . E. Clarke, presi- dent ; H. S. Vaughn, vice-president ; Har- vey Ingham, secretary ; C. P. Dorland, treasurer. The articles of organization recite that the object of the association is for "the mutual improvement and ad- vancement of the interests of the members of the legal profession in the county." All members are subject to duty on work assigned them by the president. Meetings are held the first and third Sat- urday evenings of each month. The pres- ent officers are : J. N. Weaver, president ; A. F. Call, vice-president ; B. F. Reed, secretary.


. The present members of the bar of Kossuth county, who are in active prac- tice, are recognized throughout the State as among the leading representatives of their profession. Indeed some have more than a local reputation for astuteness and legal acumen. The following is the list of those who ornament the profession in question : George E. Clarke, F. M. Tay-


lor, HI. S. Vaughn, Benjamin F. Reed, A. F. Call, J. N. Weaver, Eugene H. Clarke, C. P. Dorland, Quarton & Sut- ton, R. J. Danson, William L. Joslyn, W. P. Colbaugh, J. B. Jones, J. C. Ray- mond, W. E. Morrison, Samuel Mayne, and Harvey Ingham.


Asa F. Call, attorney at law, is a native of Algona, born May 20, 1856. He is a son of Judge Asa C. Call, one of the founders of Algona. He was admitted to practice in the courts of Indiana in Sep- tember, 1876, and in the courts of Iowa, in November, 1877. He married Lucinda M. Hutchins, in September, 1877, and they have two children. He is one of the founders, and is now a director of the Bank of Algona, one of the best banks in northern Iowa. He is one of the attor- neys of the Chicago & Northwestern Railway Company, and his general legal business is extended over the northwest quarter of the State, in both State and Federal courts. He has saved about $20,000 out of his business, and his suc- cess is the best recommendation of his merit.


Benjamin F. Reed, son of Samuel Reed, of Irvington, was born at Lincoln, Logan Co., Ill., May 16, 1848. When five years old, his parents emigrated to Marshall Co., Iowa, where he received the rudiments of his early education in the pioneer log school house. In May, 1858, the family removed to Kossuth county, and settled in Irvington township, where they endured the hardships and privations of early settlers. It was here that "Ben," as he is familiarly known, grew to manhood, working on the farm during the summers and attending school during the winters. Having here ac- quired a general education, he subse- quently taught school for about five years, with marked success, employing his leis- nre time in reading law. In June, 1873, he was admitted to the bar, after gradua- ting from the law department of the Iowa


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State University. During 1874-5, he was law partner of G. C. Wright, of Waverly, Iowa, after which he returned to Algona, and was for some time the junior member of the firm of Hawkins & Reed. In the fall of 1875 he was married to Stella E., danghter of Dr. M. H. Hudson. And now with their two children-Fay and Lee, they enjoy life in their beautiful residence on McGregor street, owing no man a single dollar. Mr. Reed has been identified with Kossuth county for over twenty-five years. He has seen the rude cabins by the grove transformed into com- fortable houses upon gigantic farms. He is of a social disposition, and has always taken an active part in the educational interests of his county. Politically he is a republican, and has been for years one of the most energetic workers and sup- porters of that party. Although never a candidate for office himself, yet he has taken the deepest interest in the political issues of the country. As an orator and "stump speaker," he has won considerable distinction. Also his ability as a cam- paign solo singer and song writer has called forth the finest encomiums of the press. Ilis original songs as sang by him during the republican canvass of 1883- "Rally at the polls" and "Sherman's Vic- tory," were sang in different parts of the State with telling effect.


John B. Jones was born in Kenosha Co., Wis., Dec. 16, 1845. In 1864 he en- listed in company E, 39th Wisconsin Vol- unteer Infantry, serving under Capt. Gra- ham. Mr. Jones did post duty in Ten- nessee. After coming home from the war he followed farming for one and a half years. In 1866 he went into a land


and abstract office. He studied law under S. J. Brande. He remained in the office until 1868, and in the spring of 1869 he came to Kossuth Co., Iowa. He again commenced reading law. In 1869 he was appointed county surveyor, and in 1871 was elected surveyor. He was admitted to the bar in 1870, and began practicing in Algona. He does a very large land and abstract business ; also a large insurance business. Mr. Jones wrote the first set of abstract books ever written in the county. Ile was married in July, 1876, to Theresa E. Burlingame, a daughter of A. Burlingame, of Algona. The result of this union was a pair of twins-John Paul and Jennie Pauline, born in Decem- ber, 1877. Mr. Jones owns one of the largest and best farms in the county. It consists of 440 acres, situated on sections 16 and 17, township 95, range 29, with his house on the northeast quarter of section 17. The house contains two stories, and consists of two parts; one of which is 18x26 feet, and the other 16x26 feet in size. He also has a house 16x20 in size for his foreman. His barn for cattle is 42x140 feet in size, with stone basement. The barn for his horses is 28x36 feet in size ; granary 16x24 feet, and he has wagon sheds and tool houses, etc. Ilis buildings are considered about the best in the county. Mr. Jones deals quite exten- sively in fine stock. He has 150 head of cattle, forty-six of which are full blood Durham, and twenty-two head of Clyde and Norman horses. Four Mile creek runs through his farm. He has a wind- mill, double header, twenty-two foot wheel, which runs his corn-sheller, feed- cutter, etc. Ile has a farm one mile south


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of the home farm, which contains 400 acres; also owns three other farms, two in Cresco township and one in Fenton town- ship. Besides these farms he owns con- siderable land elsewhere. He has a grist- mill in Algona, in connection with J. E. Stacy, known as Jones & Stacy's water- mill.


John N. Weaver, circuit judge of the 14th judicial district of Iowa, was born June 4, 1844, in Wayne Co., Ohio. His parents were Rev. S. and Alice (Black) Weaver, his father being the founder and for eight years president of Western College, Iowa. Judge Weaver was educated at Western College. In March, 1864, he enlisted in company D, 12th Iowa Infantry, and served until the 26th day of June, 1866. [Judge Wea- ver's nativity on the muster roll is given as Stark Co., Ohio, by mistake, he hav- ing left Wayne county with his parents when very young.] Ile then read law with the late Judge William Smyth, also late member of Congress, at Marion, Iowa, being admitted to the bar at Marion in the fall of 1867. On account of failure of health, Judge Weaver was unable to practice much until 1869. He was one of the founders, in 1869, and afterwards editor and proprietor, of the Springvale Republican, at Springvale, now Hum- boldt, Iowa. He continued in this busi- ness nearly three years, the most of which time he practiced law. He then sold the newspaper and engaged in the practice of law at Humboldt until 1874, when he re- moved to Algona and entered into prac- tice at this place. In the fall of 1876 he was elected to his present position, going into office Jan. 1, 1877. He was re-elected


and began his second term Jan. 1, 1881. Judge Weaver was married Nov. 13, 1870, at Humboldt, Iowa, to Martha M. Gould. They have four children-Kate F., Daisy L., twins; Flora B., Cora P., twins. Judge Weaver is a Royal Arch Mason, belong- ing to Prudence Chapter, No. 70, Algona, Iowa. He is a member of Algona Lodge, No. 236, I. O. O. F. He is also a mem. ber of Anchor Encampment, Mason City.


Chester P. Dorland, attorney at law, was born May 25, 1851, in Henry Co., Iowa. His parents, Willett and Abigail (Bedell) Dorland, were natives of New York, and removed to Henry Co., Iowa, in 1844. When twelve years of age he removed with the family to Chicago, HI, remaining until 1871. He then entered Penn College, at Oskaloosa, Iowa, from which he graduated in 1876. While at Penn College he taught two or three hours a day, besides keeping up his stud- ies, and in this way paid all his expenses while in school. After leaving college he engaged in teaching, spending his vaca- tions in the study of law. In 1878 lie entered the law department of the Iowa State University, graduating in 1879, and came directly to Algona. He was prin cipal for two years of the Algona public schools. He then engaged in the practice of law, in which profession he is very successful. Mr. Dorland married Linda A. Ninde, of Oskaloosa, Iowa, in 1876. Mr. Dorland is a self-made man. Having started early in life to do for himself, he has reached his present position by his own unaided efforts.


Robert J. Danson, attorney at law and notary public, was born Feb. 2, 1857, in Waukesha, Wis., being there reared and


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educated. He began the study of law in 1879, uuder M. S. Griswold, of Waukesha. After studying with him about nine months he went to Davenport, Iowa, and there continued his studies with the law firm of Stewart & White, and nine months later, December, 1880, he was admitted to the bar of Waukesha county. He engaged in practice in that city and in Rock Island, Ill., until in 1882, then came to Algona, where he continues to practice law. Mr Danson was married March 17, 1880, to Ella J. Lilly, a native of Milwaukee, Wis. They have one child-Ella E.


G. T. Sutton, of the law firm of Quar- ton & Sutton, is a son of T. W. and De- borah (Query) Sutton, born in Adams Co., Ohio, May 14, 1854. His father was born in Ohio, in 1819. He removed to Wayne Co., Iowa, in 1858 and followed farming. His death occurred in February, 1878. His mother was born in Ohio in 1826, and and died June 10, 1859. On Aug. 28, 1863, his father was again married. This time to Frances George. She survives Mr. Sutton, and now lives at Promise City, Iowa, having married William Kirk in 1883. The subject of this sketch fol- lowed farming during his early life, until seventeen years of age, when he taught school that winter, farmed the next sum- mer for his father ; taught the next win- ter, and in the spring of 1873, entered Oskaloosa College. After leaving that college he again taught school and farmed, thereby laying up enough money to enable him to finish his collegiate education, which he accomplished, graduating in 1881. Every dollar that he spent in pro- curing his education was earned by his own exertions. In the summer of 1881


he took a trip through Iowa and Nebraska. In the fall of the same year be taught school at Beacon, Iowa, being the princi- pal. About this time he began to read law; and after his school was out, entered the law office of John F. Lacey, in Oska- loosa, Iowa. He was adınitted to the bar in December, 1882. On the 1st day of January, 1883, he came to Algona and formed a partnership with W. B. Quarton. The firm is building up a substantial and lucrative practice, and their prospects for the future are of the brightest. Mr. Sut- ton is a staunch republican of the "Jim" Blaine type. Mr. Sutton's father was a whig. His grandfather served in the War of 1812, and his great-grandfather in the War of the Revolution.


J. C. Raymond is the only practicing lawyer in Luverne. He is a native of New York State and studied law at West- ford, Penn. He was admitted to the bar at Wellsborough, in that State in 1854. Mr. Raymond came to Luverne from Butler county, in 1882.


Samnel Mayne, came to Bancroft from Eagle Grove, on tho 17th of October, 1883, aud engaged in the practice of law. He was born in St. Lawrence Co., N. Y., and studied law at the State University at Iowa City, from which he graduated in the class of 1882.


W. L. Joslyn, attorney at law, is a native of DeKalb Co., Ill. He received a com- mon school education. He afterwards taught school. He was admitted to the bar at Sycamore, Ill. in 1881. In 1882 he came to Algona and commenced the prac- tice of his profession.


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George E. Clarke, one of the most prominent attorneys of the Kossuth coun- ty bar, was born March 19, 1845, in San- gerville, Piscataquis Co., Maine. He re- ceived his education at Foxcroft Academy. In August, 1865, he removed to Illinois, remaining there until 1866, when he re- moved to Red Oak, Iowa, where he taught school several years. He also taught school in Saint Charles, Ill. Mr. Clarke commenced the practice of law in Algona in the winter of 1869-70. Very few men have been more successful in the practice of their profession than has Mr. Clarke. He soon built up a large and lucrative practice not only in Kossuth, but in the counties adjoining as well. In 1877 he became employed in various cases for the Chicago, Milwaukee & St. Paul Railway Company. His business with this com- pany has grown so extensive that for three years past it has occupied his entire atten- tion and time. In fact, he makes that business a specialty, hence does not devote any time to general practice as formerly. Mr. Clarke has charge of the legal busi- ness of over 700 miles of the C., M. & St.


P. R. R. lines. Mr. Clarke's reputation in his profession is co-extensive with the State, as he is largely engaged in both the federal and supreme courts of the State. Mr. Clarke was married July 7, 1869, at Saint Charles, Ill., to Lou E. Hawkins. She died July 5, 1875. On the 21st of June, 1876, he was united in marriage with Carrie A. Straw, of Guilford, Maine. Mrs. Clarke is very highly educated and accomplished. She was a graduate of Kents Hill Seminary, in Maine, and re- ceived an excellent musical education at the Boston Conservatory of Music. This marriage was a happy one, and has been blessed with a pleasant home. Mr. Clarke has three daughters-Gertie E., born June 25, 1871; Lulu M., born June 24, 1875; and Nellie Straw, born Oct. 28, 1882. Mr. Clarke's parents are of English descent. His paternal ancestor, Hugh Clarke, came from England to the colony in Massachn- setts in 1624. Willliam G. Clarke, father of the subject of this sketch, was a promi- nent lawyer in Piscataquis Co., Maine. IJe stood at the head of the bar in that county.


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CHAPTER VIII.


THE MEDICAL PROFESSION OF KOSSUTH COUNTY.


There is probably no profession or busi- ness in existence among civilized commu- nities, in which the members are called on to make more daily self-sacrifices and undergo more privations than the medi- cal profession. No more thankless mis- sion can a man enter upon, in the arena of the world's activity, than that of healing sick and suffering humanity. Much more than their share of the unpleasantness of this must necessarily be the lot of those conscientious and bold pilots of the guild, who pushed out among the early pioneers in former days. Called on, at all hours of the day or night, to mount his horse, and answer the call of duty, oftimes to face the fearful "blizzard," the summer's rain or mud and wet, the doctor of those days had a lot that none could envy.


Money in all new countries is a scarce commodity, and the pioneer physician's hope of reward was but a slender chance, but notwithstanding this, be it spoken to the eternal honor of the profession, never did the cry of distress and suffering reach their ear, but what it was answered. The doctor did what he could to relieve, and if the fee was not forthcoming, the service was cheerfully given for the sake of the brotherhood of man. More real moral courage was required to adopt this profession and labor upon the verge of




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