USA > Iowa > Linn County > History of Linn County Iowa : from its earliest settlement to the present time, Volume I > Part 67
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Hosea W. Gray, who in the Civil war was captain of Company A, Sixth Iowa Infantry, and Linn county's first sheriff, took the first census of Linn county in 1840, which showed a population of 1,373. The vote at the first election in 1839
464
HISTORY OF LINN COUNTY
showed thirty-two ballots cast. October 28, 1840. Peter Garrow, born in Seot- land, renounced allegiance to Queen Victoria and declared his intention to become of eitizen of the United States. The first divoree case was filed May 26, 1842, and entitled Dyer Usher vs. Mary Ann Usher. At the September term, 1843. it was ordered dismissed. The first divorce granted in Linn county was at the March term, 1844. of the district court, when Parthena E. Hewitt obtained a decree of divoree from her husband. Oliver Hewitt. The title of the first case filed in the district court of Linn county is Richard Thomas vs. O. S. Hall, being an appeal ease brought for trespass. After several continuances it was dismissed. George Greene, Marion's first lawyer, was counsel for the plaintiff. William G. Thomp- son was the first proseenting attorney for what was called the second eirenit. consisting of the counties of Cedar, Jones, and Linn, and of the eighth judicial distriet after the establishment of the circuit court, in 1868. The first murder committed in Linn county occurred in Marion March 20. 1847. when James Reed -- who then and for many years after oeeupied the farm later known as the Bachman farm, on the old road about half way between Marion and Cedar Rapids. and whose house was destroyed by the tornado of 1860 - struck Nathaniel Car- nagy with a sled stake, fracturing his skull, from which injuries he died two weeks Jater. Reed was indieted but found not guilty hy a jury.
The tornado of 1860, which passed through Linn county on Sunday, June 3. started about six miles west of Marion. It struck the southwest part of the town but the only damage done was to a brick smoke house standing west of the house then occupied by Willard Harlan, now the home of J. Q. A. Dutton, the last house on the street car line east of Indian creek. The first deed recorded was for lots five and six, block eleven, Marion, and was executed by the county commissioners April 4, 1843, to Horace Metcalf. The second deed is to Addison Daniels. The consideration is nine dollars. It bears the same date and is for lots one and two. block fourteen, the present Clogston home. Jot seven, block twelve, where the T. J. Davis building on Tenth street now stands, and lot eight, block thirteen. on a part of which the First National Bank now stands. The selection of these lots is good evidence of the business ability of Mr. Daniels in those early days.
The plats of the towns of Marion and Cedar Rapids were recorded on the same day, to wit: April 3. 1843, "O. S. Hall, Recorder." In volume 216 on page 48, Recorder's office, is a record showing the organization of the Presby- terian society, on November 11. 1839. William Vaughn is named as one of the «Iders.
A. J. MeKean, who came to Linn county in 1839, helped lay out the town of Marion, was the first constable of Linn county, and the first assessor for the whole county, by appointment in 1840. He served as clerk of the courts from 1854 to 1872, and was one of Marion's most prominent citizens for over half a century. His brother. Thomas J. MeKean, was the first mayor of the town of Marion which was incorporated in 1865. He was elected sheriff of the county in 1859, serving until the spring of 1861, when he resigned to enter the government army service. having already served in the Florida and Mexican wars, and November 21. 1861. was appointed brigadier-general, and after a brilliant service in the Civil war was honorably discharged in 1865, as brevet major general. On September 5, 1848. he was married to Sarah T. Gray, who still survives him, is a resident of Marion, and still bright and active at the age of ninety years.
One of the most prominent men in the early history of Marion, and we might add of the county, was Samnel W. Durham. A courtly gentleman of the oldl school, honored and respected by every one who knew him, he died at his home in Marion, May 2, 1909, at the ripe okl age of ninety-two years. He was sheriff of Linn county from 1846-1848, county surveyor in 1841, serving one term, in 1851 serving one term, in 1871 serving two terms, and in 1889 serving two terms.
JAMES E. BROMWELL, SR.
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HISTORY OF MARION, THE COUNTY SEAT
He was also a member of the first constitutional convention of Iowa, which con- vened at Iowa City October 7, 1844.
George Greene, Marion's first lawyer, and who built one of its first three residences, was the first member of the General Assembly from Linn county. He also served in the council, now called the state senate, of the third legislative assembly of Iowa, which convened at Burlington November 2, 1840, representing Cedar, Jones, and Linn counties. He also served in the fourth assembly, which convened at Iowa City December 6, 1841.
The first court was held in Marion October 26, 1840, and the following record was made: "Minutes of the District Court of Iowa Territory, within and for the county of Linn ;
"Iowa Territory -
Linn County
"Pursuant to an act of the Legislature of the Territory of Iowa, approved July, 1840, the District Court of the United States, and also for the Territory of Iowa, met at Marion, in said county, on Monday the 26th day of October, 1840. Pres- ent : Hon. Joseph Williams, Judge of the Second Judicial District for the Terri- tory; W. G. Woodward, Esq., District Attorney of the United States for the District of Iowa; R. P. Lowe, Esq., prosecuting attorney for Second Judicial Distriet; Hosea W. Gray, Esq., Sheriff of County of Linn; Socrates H. Tryon, Clerk of the District Court ; Lawrence Maloney, Marshall of the Territory."
The following are the lists of the early officers of Linn county, who were all residents of Marion :
Sheriffs - Hosea W. Gray, 1840; Ambrose Harlan, 1844; Samuel W. Durham, 1846 ; Ambrose Harlan, 1847; Vincent Beall, 1850; Samuel Brazleton, 1853; Levi H. Mason, 1855; Thomas J. MeKean, 1860; William W. Smith, 1861; O. O. Staneh- field, 1862; Hiel Hale, 1866 ; John Hayzlett, 1868; G. D. Gillilan, 1874.
Clerks of Distriet and Cireuit Courts - John C. Berry (Com.'s Clerk), 1839; S. H. Tryon, 1840; John C. Berry, 1844; Porter W. Earl, 1847; IToseea W. Gray, 1849; James M. Berry, 1851 ; A. J. MeKean, 1854; J. L. Crawford, 1873.
Treasurers and Recorders - Addison Daniels, 1841; O. S. Hall, 1844: John Zumbro, 1844; O. S. Hall. 1845: P. W. Earl. 1846; William M. Harris, 1846; Isaac Cook, 1851; N. M. Day. 1855: William Cook, 1860; James Johnston, 1864.
Recorders after the offiees of treasurer and recorder were separated - John J. Daniels, 1865; Charles E. Putnam, 1873.
Trasurers after offices were separated - R. T. Wilson. 1866; S. T. Berry, 1874; R. M. Jackson, 1882.
Auditors of the County - A. B. Dumont, 1869; John P. Coulter, 1870; Samuel Daniels, 1876: Joseph Moorhead, 1882; James E. Bromwell, 1888.
The following is a list of the early State Senators: I. M. Preston, 1852; William G. Thompson, 1856; H. G. Angle, 1860; J. B. Young. 1864; Robert Smyth, 1868; E. B. Kephart, 1872.
The following is a list of the early judges of the Eighth Judicial District: Joseph Williams, 1840; Thomas S. Wilson, 1846; James B. Carleton, 1847; William Smyth, 1853; Isaac Cook. 1857; William E. Miller, 1859; Norman W. Isbell, 1862; C. H. Conklin, 1864; N. M. Hubbard, 1866; James H. Rothrock, 1867.
Ira G. Fairbanks was the first superntendent of county schools.
In the first constitutional convention which was held at Iowa City October 7. 1844, and whose work was rejected by the people at the polls August 4, 1845, Lim county was represented by Thomas J. MeKean, Samuel W. Durham, and Luman M. Strong. At the second one, held at Iowa City May 4, 1846, and whose work was endorsed by a small majority at the election held August 3, 1846. Socrates H. Tryon represented Linn and Benton counties.
466
HISTORY OF LINN COUNTY
The first estate ministered upon in Linn county was that of James Travis, who died in December, 1839. JJames Doty was appointed administrator February 15, 1840. His bond was for $200. His bondsmen were Jacob Leabo and John Stam- baugh. Israel Mitehell, who had been appointed by Governor Lucas, in 1839, was the judge of probate. It was this same Judge Mitchell who located the first town in Linn county, viz: that of Westport, near the present site of Bertram, and who was the orator of the day at the first Fourth of July celebration in Linn county, held at Westport in 1839.
The second estate appearing of record was that of William Marion, who died July 4, 1840, and of which William Abbe was appointed administrator in 1841.
The third was the estate of Martin Martindale, who died in February of 1841, and of whose estate William Garrison was appointed administrator.
The following is the record of the first coffin made in Linn county: "Be it remembered that on the 21st day of June, A. D. 1841, James E. Bromwell filed his account in the Court of Probate against the estate of Martin Martindale, deceased, in the words and figures, to wit:
"To J. E. Bromwell, Dr.
"To one white walnut coffin.
$12.00"
Marion was the home for years of three Mexican war veterans, who were also veterans of the Civil war, viz : Thomas J. MeKean, G. A. Gray, both deceased, and Samuel B. Thompson, now past ninety years of age and living with his daughter, Mrs. Nellie Schimmerhorn, of Kansas City.
Marion was incorporated in 1865. Its first mayor was General Thomas J. MeKean. The other officers were: recorder, G. A. Gray; trustees, D. H. Me- Danel, who died in Chicago and whose widow is now living in Cedar Rapids: S. W. Rathbun, still living in Marion and editor and proprietor of the Marion Register, which was established as the Prairie Star in 1852 by A. Hoyt; G. F. Woods, who died in Marion some years ago; O. C. Wyman, now a merchant prince of Minneapolis; and Dr. N. W. Owen, who died in 1880.
The Marion fire department was organized in 1874 and consisted of the Phoenix engine company and the J. C. Davis hook and ladder company. D. P. Thurber was elected the first foreman of the Phoenix company, and A. J. Keyes of the hook and ladder company. The first engine honse was the old Baptist church which stood on the site of the present C .. M. & St. P. depot. Such was the beginning of the later noted Marion Volunteer Fire Department, with its matchless Mentzer Hose Company, which as a drill corps, under the captainey of James E. Bromwell, for twenty years, in the state of Towa and elsewhere, challenged all military and civic companies, and met all challengers in competitive contests, winning over fifty first prizes, cups, and purses, acting as special escort to Gov- ernor Cummins at the St. Louis Exposition in 1904, and winning over all contestants at the National Firemen's Tournament of the Trans-Mississippi Exposition, held at Omaha in 1898, and retiring without a single defeat as a drill corps after its first three years, although as a fire company it is still netive and efficient and the possessor of a beautiful home of its own on Seventh avenue in Marion, the lower story being used as a hose house and armory, and the upper story for reception and elub rooms.
In 1864 the Dubuque and Southwestern Railroad, running from Farley to Cedar Rapids, was built into Marion, and in 1872 the Sabula, Ackley & Dakota Railroad - now the C., M. &. St. P .- connected Marion with Chicago. Here it terminated until it was extended west to Council Bluff's in 1880. and south to Kansas City in 1882.
Marion was especially favored in its early history, as it is today, by competent and popular physicians. Of these there were three, probably best known. who are worthy of mention, viz: Drs. Thos. S. Bardwell. Henry M. Ristine, and N. W.
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HISTORY OF MARION, THE COUNTY SEAT
Owen. Dr. Thomas S. Bardwell eame to Marion with his father, Dr. Leonard Bardwell, in 1841. He studied medieine with his father, and after attending lectures in St. Louis began praetiec in Marion in 1850. lle was a natural doctor, bringing into his praetiee not only a knowledge of medieine but that intuition and instinctive comprehension of the law of cause and effect as applied to the · human system which mark the genins in materia medica and surgery. He was a great hearted man, kind, generous, charitable, a devoted son and brother, a loyal friend and eitizen. Hle died in Marion in 1895.
Henry M. Ristine eame to Marion in 1842. He, too, was a master in the ministry of relief to human suffering. His genial presence and cheerful and encouraging words added much to the magie of his medicine. His friends were legion. Hle was welcomed to the homes where he was called as a physician as a beloved brother, and was always a comfort and a blessing in the sick room. In the early days and to the second generation his name was a household word throughout Linn county. He moved to Cedar Rapids in 1875, where, crowned with sueeess and honors in his chosen calling, he died in 1897.
Norman W. Owen came to Marion in 1856. He continued the study of med- ieine, which he had begun in the east, under Dr. Henry M. Ristine, and graduated from Rush Medieal College in 1862. Ile at once entered into a partnership with Dr. Ristine, and during his absenee in the Civil war, he drove almost night and day, attending the large practice which he was left alone to care for. He was a most skilful and snecessful physician. He united with a wide knowledge of dis- eases and their remedies, the tenderness and skill of the trained nurse. An earn- est student, of analytical yet comprehensive mind, he became a pioneer in the dis- covery of new remedies for human ailments, and while he formulated and com- pounded many preparations now of common use, his greatest achievement was the discovery and composition of Owen and Chamberlain's - now Chamber- lain's - Colie, Cholera, and Diarrhoea Remedy, a world-wide panacea, of which Dr. Owen was the sole and undisputed originator. This alone places him among the "immortals" in the realm of medieine. He died in Marion in 1880.
Among the early great financiers of Marion - and we might say of lowa and the west - was Redmond D. Stephens. He came to Marion in 1855. He was a lawyer, teacher, and seholar, as well as a banker. He obtained the third charter over issued for a national bank in Iowa, and instituted the First National Bank of Marion in 1863. He was one of the county supervisors in 1867, and was elected to the state legislature in 1879. He organized the Merchants National Bank of Cedar Rapids in 1881, of which, as well as of the First National Bank of Marion, he was president when he died in Cedar Rapids in 1883, where he then resided. llis rare acumen, keen perception, unerring judgment, and almost prophetic endowment, mastered every business enterprise he undertook and won for him the merited distinction with which success ever crowns the union of genius and studiousness, of being enthroned, honored, and acknowledged as king in the chosen realm of his life work.
No early history of Marion would be complete withont mention of that brilliant coterie which illumined Linn county's seat of justice and as pillars and ornaments of the law established and adorned the now famous bar of Linn county. Nothing in later years has compared with the gladiatorial contests of the early vears when true forensic oratory, keenest wit, and brilliant satire made forever famons the legal arena within the old court house at Marion. What memories and achievements cluster about the names of Corbett, Hubbard, Preston, Isbell, Thompson. Young and Smyth.
Nathaniel M. Hubbard, the greatest legal general of his time, who served one year as judge of the eighth district in 1865. was keen, alert, tactful. resourceful. and tireless. He won marked distinction in his profession, and died in Cedar Rapids a few years ago, as chief counsel for the Chicago & Northwestern Railway.
46S
HISTORY OF LINN COUNTY
Norman W. Isbell, student, scholar, interpreter of the law, judge of the eighth district in 1862. died in the prime of life, a great mind in a frail body.
J. B. Young, brilliant, scholarly, eloquent, came to Marion in 1853: was «lected prosecuting attorney for Linn county in 1854. He served in the state legislature in 1861, in the state senate in 1863, and was re-elected in 1866. He was army paymaster, with the rank of major, during the Civil war, elector-at- large in 1868, and United States pension agent in 1869. Impetuous, fiery, gen- erous, of marked aptness and ability, he honored and adorned his chosen profession.
William Smyth came to lowa in 1843 and to Marion in 1846 - the year he was admitted to the bar. Ile was elected prosecuting attorney for the county in 1847. appointed judge of the fourth district in 1853, elected in 1854, and re-elected in 1856, but resigned in 1857, and with his brother, Robert Smyth, and A. J. Two- good established the first bank in Linn county, later known as the Twogood and Elliott bank of Marion. In 1858 he was chairman of the committee of three to revise and codify the laws of the state of Iowa, and the criminal code of 1860 is largely his work. In 1862 he was commissioned colonel of the Thirty-first Iowa Volunteer Infantry, serving until 1864. He then formed a law partnership with J. B. Young, and was actively engaged in the practice until 1868, when he was elected to congress. He was renominated in 1870, but on September 30. 1870. before the election, died at his beautiful surburban home adjoining the city of Marion, now owned by the Sisters of Mercy, and known as St. Joseph's Academy. A man of sound judgment, a lawyer of merit, a judge of ability, a statesman of fidelity and purity, he yet stood pre-eminently before all as a man of integrity, honor, and character, the true and highest type of the christian gentleman.
I shall now mention as the last. the two greatest lawyers of the early days of Marion, judging from their practice, marked success, and general recognition. viz: Isaac M. Preston, and William G. Thompson.
Isaac M. Preston came to Marion in 1842. He was elected probate judge of Linn county in 1842, appointed district attorney for the eighteenth judicial dis- triet of Iowa in 1845, again elected probate judge in 1847, the same year was appointed United States district attorney for Iowa by President Polk, was elected to the state legislature in 1848, and elected the first state senator in 1852 for Linn, Benton, and Tama counties. He moved to Cedar Rapids in 1878, where he died in 1880. He was possessed of a strong mind, his reasoning was logical, and his analysis keen. lle aspired to greatness in his profession above all else. lle was pronounced by competent judges the greatest criminal lawyer of Iowa in his day. Rugged, determined, persistent, tireless, profound, thoroughly versed in the common law. of broad conception, a close student and able judge of human nature, deliberate, careful, prudent ; in speech plain, masterful, convineing; he having reached a conclusion in law or taken a position legally or morally, was seldom if ever compelled to compromise or retreat.
William G. Thompson came to Marion in 1853 and first began the practice of law with I. M. Preston. He was prosecuting attorney in 1854, editor of the Marion Register (which he bought to insure a republican paper for Linn county) in 1855 and 1856, state senator in 1856 and 1858, major of the Twentieth Iowa Volunteer Infantry, serving nntil 1864, elector-at-large on the republican tieket in 1864. district attorney of the eighth judicial district from 1867 to 1874, chief justice of Idaho in 1878. eleeted to congress in 1879, and refused to accept a re- nomination. In 1884, to save the republican legislative ticket, he was nominated for the state legislature and elected. He was appointed judge of the eighteenth distriet in 1894, and was elected in the fall of the same year, re-elected in 1898 and 1902. He is now living in retirement with his son, JJ. M. Thompson, at his beautiful home, "The Elms. " on the boulevard between Marion and Cedar Rapids. Major Thompson was naturally possessed of the elements of true greatness, viz :
T. M. SINCLAIR
J. O. STEWART
THE IVY PUBLIC LIP: .
-
LL.
469
HISTORY OF MARION, THE COUNTY SEAT
simplicity, sympathy, generosity, and charity. While he was in truth the "poor man's friend," he was more truly everybody's friend. His was a brilliant mind. a tender heart, an eloquent vet poignant tongue. Of quiek intuition, forceful expression, and impassioned oratory, he earried juries with the foree of the moun- tain torrent. His great tender heart was the repository of anybody's troubles or sorrows or legal difficulties "withont money and without price," if needs be. As a lawyer he was comprehensive, ingenious, and aggressive. As a judge, merciful, conseientious, and just. The equitable appealed to him in every branch of the law. No truer friend, no more loyal partisan, no more zealous advocate, ever stood rock bound, unchangeable, and immovable as William G. Thompson always stood without maliee or offense. Devoted to his home, his wife, and only son, cheerful, sunny, optimistic, unerring in his measurement of men and motives, charitable and forgiving beyond belief, honored and honorable, commonplace and companionable, always kind and considerate and helpful, great hearted, of noble soul, and of almost divine compassion, Judge William G. Thompson has already ereeted his monument of Christlike deeds, and his sepulehre will be the inner shrines of the hearts of all who knew him.
The character of the early settlers of Marion was of the highest type. Little wonder, then, that it has grown into a eity of schools and churches, that its moral atmosphere has been fairly free from the fetid breath of viee and erime, and that its intellectual, spiritual, and social ideals have been largely realized in its system of sehools, number and quality of its churches and ehureh membership, and its nnexeelled fraternal organizations, literary and musieal elubs, and soeieties. Of ideal location, modern and progressive, its water supply direet from the noted Bowman springs, elean and wholesome, its people contented and prosperous, never destined, under the shadow of Cedar Rapids, to be a great eity, but unique, beautiful, the county seat of the great county of Linn, undoubtedly the prize winning slogan of Cedar Rapids, with Marion substituted, would be acceptable to every resident : "Marion suits me."
CHAPTER XLIV
Linn County in War
The men and women of Linn county have always been patriotic. They have responded promptly and cheerfully to every call to arms. One of the earliest settlers in the county had served in the Revolutionary war. Nathan Brown, who eame here in 1839 and for whom Brown township was named, at the early age of sixteen years joined the American forces.
T. J. MeKean, George A. Gray, A. R. Sansman, William Hampton, S. D. Thompson, "Demoe" Woodbridge, and a Mr. Courtney served in the war with Mexico. These men all enlisted from this county, entering the service in June, 1847. J. J. Snouffer, who came to the county in the early days and who long was an important figure in the business and political life of Cedar Rapids, was a veteran of this same war.
It is not out of place here to say a word regarding T. J. MeKean, the only man from the county who received the commission of brigadier-general in the Civil war. General MeKean was born in Pennsylvania in 1810 and entered West Point in 1827, graduating with honors in 1831. He immediately entered the ser- vice with the rank of lieutenant, and was stationed in Louisiana. Resigning his commission, for a time he followed the profession of civil engineer. He came to Marion in 1840, and when war with Mexico was declared he raised a squad of six men as above and joined Company K, 15th Regulars, the only company sent ont from lowa. Ile served in the Mexican war for a year and a half and then returned to Marion. At the breaking out of the Civil war he was holding the office of sheriff of the county. He was not able to resist the eall to arms and sur- rendered his office to accept a post as paymaster in the Union army. He en- tered upon his duties early in 1861. In the fall of that year Governor Kirkwood proposed his name for a brigadier-general. Ile received that commission and served his country with ability.
On April 12, 1861, Sumter was fired upon. On the 15th. President Lincoln issued a call for 75,000 ninety-day men. It was erroneously believed that our internal difficulties could be adjusted in that period. Within thirty days after the president's call had reached Iowa this state had a regiment in the field. In that regiment, the First lowa. Linn county had a full company under the com- mand of Capt. T. Z. Cook.
Before giving a detailed aeeount of the various companies that served in the Civil war from Linn county, it may be well to treat briefly of some of the stirring events that were witnessed in the county in the early days of the war.
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