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 75

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 75

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

In May, 1863, the newly elected judge appeared to fill the vacancy left by the retirement from the bench of A. W. Hnb- bard. This was Hon. Isaac Pendleton. On the 18th day of May, the court was convened and business was commenced. The district attorney was Henry Ford; clerk, John E. Cragg; sheriff, George C. McCauley. Judge Pendleton presided over the district for one full term of four

years until Jan. 1, 1867. While he was upon the bench, in 1865, the first grand jury in Humboldt was impanelled. This consisted of the following gentlemen: Hiram Fleming, E. L. Hinton, A. H. Knowles, C. Zimmerman, Elam Shattuck, O. W. Coney, Walter Thomas, Henry Archer, W. L. Casey, Balcer Linnestruth, Elias Cusey, John Russell, Harlow Miner, Phocion Weeks and G. C. McCauley.

At the May term of the year 1867, Hon. Henry Ford, occupied the bench. He was a fine lawyer and able jurist and gave great satisfaction to the bar and the people generally. He was re-elected in October, 1870, but during the year 1872 resigned, and J. R. Zuver was elected to fill the vacancy.

In 1874, Hon. C. H. Lewis assumed the judicial ermine and continued to hold the office until the 1st of January, 1877, when he was succeeded by the present incum- bent, Hon. E. R. Duffie, of Sac City.

CIRCUIT COURT.

By an act of the General Assembly, passed and approved April 3, 1868, circuit courts were established in this State, and each judicial district was divided into two circuits, in each of which, at the general election, in November, 1868, and every four years thereafter, a circuit judge was to be elected. Four terms of court were pro- vided per year in each county in the cir- cuits. 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 concurrent jurisdiction with the district court in all civil actions at law, and exclusive jurisdic- tion of all appeals and writs of error from

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justices' courts, mayors' courts, and all other inferior tribunale, either in civil or criminal cases. Humboldt county, to- gether with others, made the second cir- cuit of the 4th judicial district.

Jared M. Snyder, of the town of Hum- boldt, was the first circuit judge, being elected at the November election, 1868. He served from January, 1869, until 1873 when he gave way for his successor.

Hon. Jared M. Snyder was born near Oswego City, N. Y., on the 27th day of May, 1844. Here he remained until he was sixteen years old, receiving the foun- dation of his education in the common schools, afterward graduating at Mexico Academy,a very excellent school. In 1860 he went with his parents to Stephenson Co., Ill., and immediately entered the of- fice of Bailey & Brawley and commenced reading law. He was admitted to the bar at Ottawa, Ill., in 1866. The following fall he came to Humboldt where he com- meuced the practice of law, and was the first to open an office in the city. In the fall of 1867, he was elected county judge. During the session of the Legislature of 1867-8 they did away with the office of county judge, and created the circuit. He then resigned and was elected the first circuit judge, which office he filled until 1873. In 1872 he was married to Susie E. Wilson, a daughter of Geu. Wil- liam D. Wilson, of Des Moines. In 1873 he went to Des Moines, where he pur- chased a half interest in the Iowa Home- stead, and was business manager. At the time of taking hold of the paper, there were 7,000 subscribers. Under his man- agement, the next year and a half, the list showed 13,000, almost doubling itself in

eighteen montha. In 1874 he went to Chattanooga, Tenn., but not liking the sur- roundings he went to Decatur, Ill., where he engaged in the manufacture of drugs. In June, 1876, he located in St. Louis, where he practiced law until the spring of 1881, when he again settled in Humboldt. The judge is a man of more than ordinary ability; is pleasant and sociable, calling many warm friends around him.

In 1873, Addison Oliver, of Sioux City, took his seat upon the bench and occupied it for two years. He was succeeded by J. R. Zuver, a resident, also, of Sionx City, whose term of office was two years.

In 1876 Lott Thomas was elected cir- cuit judge, and, on the beginning of the year 1877, assumed the judicial ermine.

In 1878 J. N. Weaver, of Algona, was elected circuit judge and is the present incumbent of that position, having been twice re-elected his own successor. A sketch in this connection appears in the history of Kossuth county, in this volume.

The first term of the circuit court for Humboldt county was held at Dakota, commencing March 1, 1869. Jared M. Snyder presided as judge, H. C. Cusey was sheriff, and A. W. McFarland, clerk. The first case brought before this court for adjudication was entitled John Ellis es. Daniel McCauley, and was a suit for at- tachment. Judgment was entered for the plaintiff.

DISTRICT ATTORNEYS.

Among the various lighta of the legal fraternity who have held the position of district attorney in this county were Henry Ford, afterwards so long judge of the district court; Orson Rice, C. H. Lewis, George B. McCarty and John Tol-

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William Thompson

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liver. Most of these individuals having occupied other positions, their sketches may be found under their proper heads. Orson Rice was one of the characters, whose eccentricities and oddities, make them well remembered, and it will not be out of place in this connection to give a sketch of the gentleman who is so well known in this locality.

Orson Rice was a native of Ohio, com- ing to Butler county, in this State, from Illinois, in 1854. He was then a man of about twenty-eight years of age, and had a family. He was very illiterate and knew nothing at all of law when he com. menced practice; but he was energetic, independent, and entirely reckless as to the language he used. He would murder the English language and grammar in a way that often made him the laughing stock. He remained in Butler county, practicing law, until 1864 or 1865, when he removed to Spirit Like, and is still at his profession, having served oue term as district attorney, and came very near the circuit judgeship. Many laughable and pithy anecdotes are told of Rice, which illustrate the difficulties, in the way of insufficient education, against which he had to battle in his early practice.

On one occasion Mr. Rice had a case before justice of the peace, J. M. Vincent, with Gen. M. M. Trumbull as opposing counsel. The "Squire" was as illiterate as was Mr. Rice, and in drawing up the notice made a serious mistake. It was a case in which some one claimed $22, and some one else refused to pay. The names of parties have been forgotten, but they are immaterial. The "Squire" in drawing up the notice made the amount read

"twenty-too dollers." Rice was quick to see a point, but did not have knowledge to push it. When the case was called, Orson Rice, attorney for defendant, moved to "squash, as there was no specific amount or sum stated." The justice said: "Don't be a fool, Rice, and show how blamed ignorant you are." Rice, however, in- sisted upon "squashing" the case, and re- marked that "everyone knows that there is no sense to 'twenty-too'-a child knows it. Now, if it had read 'twenty-t-o dol- lars,' it would have had some weight. But as it is it must be 'squashed.'" The justice stuck to "too," and said he knew it was right, while Rice as vehemently stuck to "to." Finally they agreed to let outside parties, who were authority on spelling, decide which of two were right. How it was decided has not been told, but members of the bar tell the story of the squabble over the little word "two" with great relish.

John E. Burk, who was at one time prosecuting attorney for this judicial dis- trict, and is now a prominent attorney in Chicago, tells a langhable story on Rice. It seems that Rice had at one time a case before the district court at the time Judge Elias H. Williams was on the bench. Rice squabbled considerably, and had made an appeal for a continuance of the suit. In filing his motion with Judge Williams for continuance, he made several mistakes, and had amended his motion three times. The third time he handed it up to the judge, looked at him, and shook his head solemnly. Rice gave up, and leaning back in his chair, shaking his head in a way peculiar to him, ex- claimed: "My client is a conshiensh man;

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I am a conshiensh man; now, if the court will suggest what we should put in to that motion, we'll both swear to it." The judge did not suggest, but a general laugh ensued. Rice was a very pugnacious fellow, and when once excited would threaten to thrash the attorneys, clients and the court himself. At one time Rice was pleading a case before 'Squire Margretz, at Butler Center, in which George A. Richmond was the opposing counsel. The two lawyers got into a wordy dispute over some point, and one called the other a liar. Rice leaped to his feet, pulled off his coat, and was going to "walk right through" Richmond. The 'squire yelled at the top of his voice: "Order in this court!" Not coming to order, his honor got right in the midst of it and stood be- tween the two. Rice doubled up his fist and made a lunge for the squire, who, stepping back aghast, exclaimed in his broken English: "By -! Rice, vas you going do schtruck dis court? Ve can't tolerate such conduct like dose. By shiminey! You can both gonsider your- selves in shail for thirty days." This brought order, and we suppose they con- sidered themselves jailed for thirty days.

George B. McCarty is a native of Clay- ton county, who moved to Emmettsburg, Palo Alto county, about 1867. He studied law with some of the most talented law- yers of the McGregor branch of Clayton county bar. Although a comparatively young man, he has made a record that he may well feel proud of and instances future advancement.

COUNTY COURT.

When this county was first organized the statutes of Iowa provided for the

transaction of all legal matters through what was termed the county court or county judge. The court consisted of the judge, a prosecuting attorney, a clerk and the sheriff. The judge had absolute con- trol and jurisdiction in all matters. He had all the powers now vested in the board of county supervisors; had jurisdic- tion in all matters of probate; issued mar- riage licenses, and attended to all finan- cial matters, except that he had nothing whatever to do with the school fund, which at that time was under the super- vision of a school fund commissioner, but has since been placed in the hands of the supervisors.

The first county judge who qualified was Jonathan Hutchinson, who was elected at the organization of the county, in 1857. He held the first term of court and transacted the first official business of Humboldt county. He was a native of Ohio, from which State he came to this lo- cality in 1856, settling on section 34, of Rutland township. He only served about eight or nine months, and while in the discharge of those duties, made a most excellent officer. In the spring of 1859 he removed to Fort Dodge, and upon the breaking out of the war, entered the service in the 32d Iowa Infantry, of which regiment he became major, with the honorary brevet of lieutenant-colonel. After the expiration of the war, he re- turned to Webster county, where he has enjoyed considerable official dignity, hav- ing been county treasurer for over twelve years, and where he now lives.

In March, 1855, he was succeeded by A. W. Marsh, who, however, did not oc- cupy that position long, having been

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killed at Fort Dodge by a runaway team while the incumbent of the office, in the month of December, of that same year.

John E. Cragg, the then clerk of the courts, acted as the county judge until the expiration of the term, and made a very thorough officer. Mr. Cragg was a man of great natural ability and of an excel- lent education. He is believed to have been a native of Pennsylvania, and some time after this returned to Philadelphia, where he died in the autumn of the year 1880.

In 1860 George W. Hanchett was elect- ed to this responsible office by a unani- mous vote, and was re-elected in 1861, and served three years to the satisfaction of everybody.

During this year the new system of a board of county anpervisors was inangu- rated, which took most of the business ont . of the jurisdiction of the county judge. leaving with that functionary entire cor - trol of the issuance of marriage licences and jurisdiction in all probate matters.

N. S. Ames assumed the ermine with the incoming of the year 1864, but occu- pied the bench but a short time, resigning the office upon the 5th of September fol- lowing. He was a native of Vermont, but of a rather discontented spirit, want- ing to rove about, and never accumulated much property. He went from here, years ago, to Colorado, California and Oregon. In the latter State he was loca- ted when last heard from.

At the election in the fall of 1865 John Dickey was chosen to fill this position and held it for one term. The power of this officer having been curtailed, he had a quiet, uneventful term of office, but the

business that was brought before him was discharged faithfully and well. Judge Dickey is one of the most prominent and influential citizens of the flourishing town of Humboldt, where he holds the position of president of the Humboldt County Bank.

Judge John Dickey, banker of Hum- boldt City, was born in Orange Co., Vt., Sept. 7, 1814. His parents were Adam and Anna (Merrill) Dickey, natives of New Hampshire, who settled in Vermont in an early, where a family of eight chil- dren were born to them, six sons and two daughters. Mr. Dickey was a farmer by occupation, and a man of more than or- dinary ability. He took a prominent part in the affairs of his connty, and held sev- eral local offices of trust. Anna Dickey, mother of Judge Dickey, died at the age of seventy-seven. She was a very consist- ent and worthy member of the M. E. Church for more than thirty-six years. Her disease was very peculiar and very painful. Commencing in one limb, it would continue through it until it had dislocated every joint, and then pass to another and do the same, until every limb was paralyzed and her jaws became per- fectly set. She remained in this condi- dion, almost entirely helpless, for twenty- five years, and what made her case still more remarkable, she retained her mental powers in full vigor, far beyond those of her age who were in the enjoyment of health. She expressed herself perfectly ready and willing to die, yet she waited with true Christian patience until her Master called her home. " The subject of this sketch lived upon a farm until he was fourteen years old. He was then appren-

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ticed to learn the trade of mason, which business he followed for twenty years. In October, 1835, he was married to Sarah Colby, daughter of Deacon Jonathan Col- by, of Vermont. In 1850, on account of failing health, he abandoned his trade and embarked in mercantile business at East Orange and West Topsham. In 1857 he went to Canada, where he was employed by a lumbering company to superintend their work. He remained there five years, then returned to Orange county, where, in 1864, he sold his prop- erty and emigrated to Humboldt Co., Iowa, locating upon a farm in Avery township. He plastered the first building ever plastered in the township, which was a school house, also built the first chim- ney, and was first school director. Four years later he removed to Humboldt, where he was employed to superintend the Humboldt mills, and afterward to superintend the construction of Hum- boldt College. In 1864 he was elected county judge, being the second one elect-

ed in the county. He was elected the first mayor of Humboldt. In 1872 he sold his farm and engaged in banking, and was the first president of a bank in the county, which position he still holds. Judge Dickey is one of the founders of the Congregational Church of Humboldt, and spent his time and money freely to assist in building their beautiful church edifice and maintaining it. He was one of its first deacons, and such was the con- fidence of his brethren in him that he was installed into the Church in the old New England way, and so became Deacon Dickey for life.

Jared M. Snyder, also one of the promi- nent business men of the Humboldt of to-day, was elected county judge in 1867, and held his position one year. At that time the office of auditor was created, and by the act that originated that office, the county judge was made ex-officio auditor for one year, but Judge Suyder, prefer- ring his private affairs, resigned before taking possession of the auditor's office.

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CHAPTER X.

THE BAR OF HUMBOLDT COUNTY.

There is no class or profession which has more influence in social and political matters than the bar. Even the press, which wields a mighty power among the masses, does not surpass it, as matters treated by them are generally local and varying. The pulpit, a great worker of good, is more devoted to the moral and spiritual welfare of man. But the profes- sion of law embraces all under one grand aim. Upon the few principles of natural justice is erected the whole superstructure of civil law, tending to relieve the wants and meet the desires of all alike. The grand object of law is equal justice to all, not technicality; although the latter must be strictly adhered to, to preserve the supremacy of law. The laws are formed as exigencies arise demanding them by the representatives of the people. Change is necessary. The wants of the people of to-day, and the lawful restraints to be thrown around us of the present age, dif- fer from those of past years. They are either too lenient or too severe-in one case to be strengthened, in the other mod- ified. The business of the lawyer does not call upon him to form laws, but it lies with him to interpret them, and to make their application to the daily wants of men. Every matter of importance, every ques- tion of weight, among all classes and

grades, come before him in one form or another, for discussion. Hence, the law- yer is a man of to-day -posted upon all matters pertaining to the age in which he lives. His capital is his ability and indi- viduality, and he cannot bequeath them to his successors. They die with him, or live in the memory of his sayings and deeds.

In early days business was not so great in extent as to occupy the full time of the lawyer. Suits were not so numerous or remunerative as to afford him a comfort- able living for himself and family, and often other occupations must be taken in connection to swell the slender income. As a rule the lawyer became a politician, and more of the prominent lawyers of those days went to Congress and the State Legislature than at present. The people demanded their services, and they were glad to accommodate the people. To-day the profession stands at the head, almost, of all others, and the good law- yer must always be prominent, as he is one of the forces which move, control and protect society.

Among those that have practiced before the bar of Humboldt county, and who have been resident lawyers, were the fol- lowing: A. W. McFarland, Jared M. Sny- der, J. D. Springer, J. N. Prouty, Parley Finch, W. N. Beer, J. N. Weaver, I. Van

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Metre, A. E. Clarke, James Winters, A. D. Bicknell, O. K. Hoyt, A. R. Starrett, G. S. Garfield, W. W. Quivey, G. H. Shel- lenberger, C. A. Babcock, M. F. West" over, William Thompson, W. H. Locke, Hammond & Lyon, J. H. Gurney, W. J. Taft, D. F. Coyle, D. B. Hanan and John A. Walter.

Of those who have either died, quit practice or moved away, we will speak first; later on, of the present members of the profession.

Jared M. Snyder was one of the legal lights that illumined the county of Hum- boldt in its earlier history. He was a na- tive of New York State, having been born near Oswego in 1844. In early life his parents removed to Stephenson Co., Ill., where he was admitted to the bar. He came to Humboldt in 1866, and com- menced the practice of his profession. In the fall of 1867 he was chosen county judge. He has quit the practice of law, and is engaged in mercantile pursuits in the town of Humboldt.

James D. Springer was a lawyer in every sense of the word, able, well read, and thoroughly posted on all matters of jurisprudence. It has been remarked of him that he is one of the ablest lawyers that the State of Iowa has ever had. He was born in this State, and came here from Fort Dodge in the year 1868, and remained about three years. He was dur- ing that time the partner of A. W. Mo- Farland, of Dakota, and is now the gen- eral solicitor of the Minneapolis & St. Louis Railroad Company, with headquar- ters at Minneapolis.

A. E. Clark came here from Trempea- lean, Wis., in 1875. He was a good law- yer, active, energetic and well read. Be- fore he came to this place he had had some experience as an editor and after he had made a stay of some time in Humboldt left, going to Fort Dodge, where he is now engaged as the editor of the North- western Chronicle, which is one of the best papers in this portion of the State.

W. N. Beer came to Humboldt county from Bucyrus, Ohio, and opened an office in Humboldt in the spring of 1872. He was a large man of a commanding physique and of great ability. Coming, as he did, from a family noted for their literary tastes, his father being a minister of the gospel, he had imbibed their thirst for knowledge. His education was above the average, and his reading had been wide and judiciously done. It has been said of him that he was a man of higher literary attainments than any other resident of the county. He had but one fault, that of a lack of backbone,or as has been graph- ically said, "wanted stick-to-ativeness." He loft the county years ago.

Hammond & Lyons were land agents but had both been admitted to the bar, and did some little practicing. The senior partner came here from Independence, Buchanan county. After a few years resi- dence at Dakota, the firm was dissolved, and Mr. Hammond is now living in the State of Minnesota. The junior is a resi- dent of Columbia, Dakota Territory.

J. N. Weaver is the present circuit judge, whose present residence is in Al- gona, Kossuth county. A lengthy sketch

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629

of the gentlemen, in connection with that office, appears in the history of that county, in this volune. He came to Humboldt on the 28th of January, 1874.

James Winters located in Humboldt in 1879 or 1880, having come from Illinois, for that purpose. He remained here but about a year, when he removed to Ne- braska, where he has since died.

Jay Boright, of Livermore, the only member of the legal fraternity located at Livermore, came to that place on the 15th of December, 1882, and opened his office for the practice of his chosen profession. .He is a young man of more than ordinary promise and is a graduate of the High School of Independence, Buchanan county, of the class of 1879. He read law in the office of Woodward & Cook, of the same place, for three years, and on the 24th of March, 1882, was admitted to practice at the bar, in the court of Buchanan county. For some time he was engaged in editing the Gazette at Livermore, but is now de- voting himself to the practice of law, and as one of the partners in the real estate business of Boright, Tillson & Co., to the handling of large tracts of lands.

John A. Walter is a native of Ohio, where he was born on the 11th of April, 1847. His parents moved to Marshall Co., Iowa, when he was but eight years of age, where he lived until 1877. In that year he removed to Grundy county and remained there three years; came to Hum- boldt county in 1880. He was admitted to the bar at Marshalltown and practiced in Grundy county, but has been mostly engaged in agriculture since coming here. He is now a resident of Weaver town- ship.

Daniel F. Coyle, attorney at law and land agent, of the firm of Coyle & West- over, is a native of Iowa Co., Wis., born Sept. 12, 1858. In 1862 he came with his father, Charles C., to this county. From 1876 to 1881 he was a student in the State University at Iowa City, studying law during the time. He was then admitted to the bar in the summer of 1881. He then returned to Humboldt county and engaged in the practice of his chosen profession, forming the present partner- ship in March, 1883. He was married in March, 1882, to Sallie Ham, a native of Iowa. They have one child-Claude H. Mr. Coyle is the present mayor of the city, having been elected in March, 1883.

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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 75

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

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