USA > Iowa > Madison County > History of Madison County, Iowa, and its people, Volume I > Part 13
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Dr. S. B. Cherry was one of Winterset's quite early physicians, coming to the county seat in 1862 and opening an office ; was very successful. He was assistant surgeon of the Forty-seventh lowa Infantry, and after resuming his practice became an organizing member of the Madison County Medical Association.
In the list of physicians in the practice at Winterset in 1868 were David Hutchinson, L. M. Tidrick, E. 1 .. Hillis, J. B. Duff. A. C. Baldock, A. J. Russell. A. J. Morris, S. B. Cherry. D. D. Davisson and G. M. Rutledge.
Dr. Wm. M. Anderson came to lowa in 1858, after studying and practicing medicine in Ohio, and in the spring of 1860 came to St. Charles, Iowa-pur- chasing the home and business of Dr. J. S. Calaway, the first practicing physician in St. Charles, Doctor Anderson was one of the leading physicians in Madison and Warren counties and followed the profession from the time of his arrival to the time of his death December 1, 1807. Dr. A. B. Smith came to St. Charles about the same time as Doctor Anderson and later was in partnership with Dr. L. J. Forney and sometime in the 'zos moved to Winterset where he operated a drug store for many years, and died in California a few years ago.
Dr. T. Roberts long was St. Charles' leading physician, locating there in 1874. lle was born in Ohio, came to the State of lowa with his parents and taught school several terms. He then read medicine and was graduated from the College of Physicians and Surgeons, at Keokuk, in 1873.
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HISTORY OF MADISON COUNTY
W. M. Beaver was born in Mercer County, Pennsylvania, and studied medi- cine there. He began the practice of his profession at St. Charles in 1869.
Dr. L. J. Forney began the practice first at St. Charles, then moved to Winter- set in 1869, but came to the county six years previously. He was a graduate of the College of Physicians and Surgeons, Ohio Medical College and Rush Medical College.
In 1874 the firm of Tidrick & Likes was formed. This was shortly after the arrival of Dr. E. T. Likes from Guernsey County, Ohio. He received his medical education at the Detroit Medical College and after associating himself with Doctor Tidrick, enjoyed a large and lucrative practice.
Dr. J. H. Wintrode, who was a Pennsylvanian by birth, received his profes- sional education at Baltimore. He located in Winterset in 1876 and in 1879 married Flora B. Hutchings. While engaged in the practice he also conducted a drug store for some time. He served one term as county treasurer.
Dr. John Green may be placed among the pioneer physicians of Madison County, as he came to Walnut Township in an early day, located at Peru and for years answered the calls from a large and contiguous territory. In 1853 Dr. N. . M. Smith arrived in Walnut Township and later read medicine under the direc- tion of Doctor Green. Ile attended the College of Physicians and Surgeons at Keokuk, was graduated and locating at Peru, enjoyed a fair measure of success.
It has been difficult to secure the names of all the physicians worthy of notice who have practiced in Madison County, so that the omissions must be attributed not to an unworthy motive, but to lack of knowledge of the full list. However, in a general way, others not already noticed may be here mentioned.
Doctor Rippey was an old practitioner who, like many others, traveled across country in all kinds of weather "horseback," with his saddlebags. For some years he lived about six miles south of Winterset.
Doctor Sloan was of the last named place and practiced there for many years, after which he retired to a life of well earned ease.
Dr. John Cooper practiced here in the period from 1875 to about 1883. Hle went to Des Moines, where he continued to practice a number of years. His son, Butler Cooper, began the practice here in the 'gos but remained a few years and then located in another place. He has been dead some years.
It has been said that "actively competing for and enjoying a fair share of the practice in St. Charles and vicinity are Drs. S. N. Sayre and E. K. Anderson, both younger in years than Doctor Roberts, but mature in experience, sound in judgment and both deserving of the high social and professional position which they enjoy." Dr. I. K. Sayre is a son of S. N. Sayre, with whom he is in partnership. *
"Dr. B. D. Little has for many years enjoyed and deserved the confidence of the people of Patterson and vicinity, having accomplished a large amount of professional work. At Bevington, Doctor Findlay, one of the younger men, kept the people well but is now gone. The first practitioner there was Dr. T. F. Kelliher, who is now a leading physician of Des Moines. At Earlham, Doctor Day, a son of the late Judge Day, of Des Moines, has for many years been active in his chosen profession. Doctor Irwin is also in the practice. Dr. F. W. Bush, a native of the county, was prominent in his community around Pitzer, both pro-
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HISTORY OF MADISON COUNTY
fessionally and socially, as were also Drs. Scofield and Miller, of Macksburg. who are gone. To take their places are M. B. Coltrane and Doctor Wallace. Doctors Griffith and J. W. Carver, of Peru, are still there, but Doctors Clearwater and MeClellan, of Truro, are gone." Dr. J. A. Hutchinson is now the only one remaining in Truro. Dr. G. N. Skinner was the first physician there.
Of the members of the medical fraternity at Winterset, Dr. John Milholland had the longest career up to the time of his departure a few years ago, having received his degree from the University of Missouri in 1874. Ile was a veteran of the Civil war and for many years served as a member of the pension board of this county. Dr. W. H. Thompson is a native of Pennsylvania, obtained his literary education in Pittsburg, and graduated from Jefferson Medical College ( Philadelphia ) in 1884. Dr. Edward Embree was graduated from the State University, medical department, in 1880, and Dr. G. N. Skinner from the medical department of Drake University the same year. Dr. R. R. Davisson graduated from Rush Medical College in 1800: Dr. Jessie V. Smith from Keokuk Medical College of Chicago in 1896; and Dr. W. F. Sterman from the Illinois Medical College of Chicago in 1896: Doctor Richards is a graduate of the homeopathic department of the University of Iowa, while Doctor Ruth received his diploma from Keokuk Medical College in 1891. He is no longer here. Dr. D. D. Davis- son was long one of the leading physicians of Madison County and a prominent citizen. He served in the Legislature from this county. Dr. C. B. IHickenlooper is a recent addition to the fraternity and is a successful practitioner. Dr. T. P. Weir, an osteopath, has a good practice and is popular.
MEDICAL ASSOCIATION
The Madison County Medical Association was first organized July 14, 1872. and on the 25th of the month, the organization was perfected by the election of D. D. Davisson, president : W. L. Leonard, vice president ; S. B. Cherry, secretary ; A. Smith, treasurer ; Sloan, Leonard and Cherry, censors.
For some years the association held regular meetings, upon which occasions carefully prepared papers were read upon subjects pertinent and interesting to the profession ; but interest finally died out and the meetings ceased to have the regularity first intended by the members. Finally, after a lapse of time, the society was reorganized on May 15, 1899, with the following members: R. R. Davisson. Edward Embree, F. A. Ely, G. N. Skinner, D. D. Davisson, W. H. Thompson, J. A. Lawson, W. F. Sterman, John Milholland. The officials were: R. R. Davisson, president ; Edward Embree, vice president ; F. A. Ely, secretary ; G. N. Skinner, treasurer. The present members of the society are: R. R. Davisson, W. H. Thompson, F. D. Davenport. C. B. Hickenlooper, Edward Embree, Jessie V. Smith, E. K. Anderson, T. Roberts and S. N. Sayre, St. Charles : J. A. lhutchinson, Truro; J. W. Carver, East Peru. The present officials are: B. D. Little, of Patterson, president; G. N. Skinner, vice president ; R. R. Davisson, secretary-treasurer.
CHAPTER XII
BENCH AND BAR
Perhaps no body of men, not excepting the clergy, may exercise a greater influence for good in a community than those who follow the profession of the law, and it must be admitted that to no other body, not even to the so-called criminal classes, are committed greater possibilities for an influence for evil. What that influence shall be depends upon the character of the men who con- stitute the bar of the community-not merely on their ability or learning but on their character. If the standard of morality among the members of the bar is high, the whole community learns to look at questions of right and wrong from a higher plane. If the bar, consciously or unconsciously, adopts a low standard of morality, it almost inevitably contaminates the conscience of the community. And this is true not only in the practice of the profession itself, not only because of the influence of members of the bar as men rather than lawyers, but in the effect upon other professions and occupations to which the bar acts as a feeder. The members of the Legislature are recruited largely from the legal profession. How can legislation, designed solely for the welfare of the public, be expected from one whose honor as a lawyer has not been above suspicion? And since lawyers, outside of the Legislature, have a great influence in shaping the law, how can the people expect that influence to be exerted in their behalf when the bar itself is unworthy? Still more does the character of the bar effect the judiciary, which is supplied from its ranks. It is not always, perhaps not gen- erally, the case that members of the bench are chosen from those lawyers who have attained the highest rank in their profession. If a judge be industrious and honest but not of great ability, or if he be able and honest, though lacking in- dustry, the rights of the litigants are not likely to suffer seriously at his hands. But there have been instances where judicial office was bestowed solely as a reward for political service ; and while it is sometimes realized that one who has been a strenuous and not too scrupulous politician up to the moment of his elevation to the bench, has thereafter forgotten that there was such a trade as politics and has administered justice without fear or favor, the experiment is a dangerous one. No one need be surprised if in such a case the old maxim holds true : "He who buys the office of judge must of necessity sell justice." Let our judges be men who are subject to other influences than those of the facts sub- mitted to them and the law applicable to those facts ; let them lack that independ- ence which is an imperative requisite to one who holds the scales of justice ; let a well founded suspicion arise that their decisions are dictated by something outside of their own minds and consciences, and the confidence of the people in the main- tenance of their rights through the agency of the courts is destroyed.
It has been the good fortune of the City of Winterset and the County of Madison that the members of the bar here have been, for the most part, men of
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high character as well as ability and learning, so that its bar has won a high and honorable reputation throughout the rest of the state and because of the high character of the bar it has followed that those of its members who have been elevated to the bench have enjoyed the confidence and respect of the public and have been honored not only in their own locality but in many cases through- out the state and in other states.
Yet the preparation of a history of the bar, so far at least, as that part of it which lies back of one's own generation is concerned, is attended with considerable difficulty. Probably few men who in their time play important parts in the com- munity or even in the state or nation, leave so transient a reputation as lawyers do. \ writer on this subject who took for his text "The Lawyer of Fifty Years Ago," said: "In thinking over the names of these distinguished men of whom I have been speaking, the thought has come to me how evanescent and limited is the lawyer's reputation, both in time and space. I doubt very much if a lawyer. whatever his standing. is much known to the profession outside of his own state." Those who attain high rank in the profession must realize that with rare excep- tions, their names are "writ in water." One may turn over the leaves of old reports and find repeated again and again as counsel in different cases the name of some lawyer who must have been in his time a power in the courts, only to wonder if he has ever seen the name outside of the covers of the dusty reports in which it appears. Hamilton, in the conventions, in the Federalist and in the treasury, and Webster in the Senate and in public orations, have perpetuated and increased the fame of lawyers Hamilton and Webster; but were it not for their services outside the strict limits of their profession, one might come upon their names at this date with much the same lack of recognition as that with which one finds in a reported case the names of some counsel, great perhaps in his own time, but long since forgotten.
And there is another difficulty in preparing such a history as this, brief and therefore necessarily limited to a few names, and that is that some may be omitted who are quite as worthy of mention as those whose names appear. It is not often that any one man stands as a lawyer head and shoulders above the other members of the profession ; and the same may be said of any half dozen men. In many cases the most careful measurement would fail to disclose a difference of more than a fraction of an inch, if any. Lives of eminent men who have at some period been practicing lawyers, have contained the assertion that while they were engaged in the practice of their profession they were the "leaders of the bar," but there is almost always room for doubt as to whether the title is not a brevet bestowed by the biographer alone. Therefore the mention in this article of certain lawyers must not be taken as any disparagement of those who are not mentioned, and finally, it is to be observed that this article, so far as the bar is concerned, will treat not only of those members who are past and gone, but will make mention of some of those now in the flesh. But first, attention is directed to the judicial districts in which Madison County found herself at various times.
THE FIRST DISTRICT COURT IN MADISON
The first constitution of the State of Jowa contained the provision that "The judicial powers shall be vested in a Supreme Court, District Courts and such
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HISTORY OF MADISON COUNTY
inferior courts as the General Assembly may from time to time establish." The constitution also provided that "The first session of the General Assembly shall divide the state into four districts, which may be increased as the exigencies may require." In accordance to this latter provision the counties of Van Buren. Jefferson, Davis, Wapello, Keokuk, Mahaska, Marion, Monroe, Appanoose and the counties west of the counties of Marion, Monroe and Appanoose were placed in the third district. This in effect provided for Madison County, which at the time was attached to Marion for judicial purposes.
On January 12, 1849, "An act to create a fifth judicial district was approved." The new district thus formed was composed of the counties of Appanoose, Wayne, Decatur, Ringgold, Taylor, Page, Fremont, Monroe, Lucas, Clark, Marion, Warren, Madison, Jasper, Polk, Dallas, Marshall, Story and Boone, so that at the time Madison County was organized, in 1849, and held its first District Court, it formed a part of the fifth judicial district, and the first term of this court was opened May 31, 1849, at the house or grocery of Enos Berger, with Judge William McKay, of Des Moines, on the bench. This first temple of justice was certainly a novel and unpretentious affair. The judge took his seat behind the counter, in the store room, while attorneys, other court officials, litigants, jurors and spectators were in front of the counter. Everybody in the country who possibly could come to the Berger store was there to attend the unusual occurrence of the holding of the District Court in the new county. Not only was the county without a courthouse, but more strange to say, it was not yet possessed of a seat of justice.
In the first record book, kept by the clerk of the District Court, appear the following entries :
May Term, A. D. 1849.
At a regular term of the District Court held at and in the house of Enos Berger, within and for the County of Madison, in the State of Iowa, on the thirty-first day of May, A. D. 1849, present, the Honorable William McKay. Judge of the Fifth Judicial Circuit in said State :
No. 1.
Leonard Bowman -
Samuel Guye V.
This day come the defendants, by Casady & Tidrick, their attorneys, and filed their affidavit and asked a change of venue, whereupon the court allowed a change of venue in this case and ordered the same to be sent to Polk County, lowa, and the court doth further order that the defendants in this case pay the costs of this term.
No. 2.
The State of Iowa - Samuel Guye V. Surety of the Peace. Recognizance.
This day came the defendant, by his attorney, and filed his motion to dismiss the case and the court doth, on consideration thereof, sustain the motion. There- fore, it is ordered and adjudged by the court here that this case be dismissed.
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HISTORY OF MADISON COUNTY
State of Iowa
Recognizance for Surety of the Peace.
Sammel W. Guye
This day comes the defendant, by his attorneys, and filed his motion to dismiss the case, because there was an affidavit before a justice, and the court doth, upon consideration thereof, sustain the motion. Therefore, it is ordered and adjudged by the court here that this cause be dismissed.
It does not appear that at this term of the court either a grand or petit jury was impaneled. The second term was held on May 30, 1850, Judge Mckay on the bench. The sheriff reported the return of a venire for a grand jury, which was sworn by the court and William Sturman was appointed foreman. On motion of R. L. Tidrick. I. D. Guiberson and M. L. McPherson were admitted to practice at this bar, after having presented certificates of admission to the courts of the states from which they came. I. D. Guiberson was then appointed prose- cutting attorney for the term. These proceedings are here related simply to show how the first court in Madison County was established.
THE BENCHI
Men of high breeding, culture, education and highly developed legal talents have presided over the courts in this county even from the beginning. William Mckay, as before stated, was the first district judge and resided in Des Moines. Ile was elected to the bench on the democratic ticket at the April election in 1849, and continued on the bench until the close of the September term of 1852. Judge MeKay was a graduate of a Kentucky military school, and that is probably the reason why he became known as Major, or Colonel McKay, before he secured the more dignified title of Judge. He went to Des Moines in February, 1846, and was known as a young man of culture, courtly manners, genial and attractive. It was not long before he gained public attention. Young MeKay was soon hold- ing minor positions of a clerical nature, having first become clerk of the State Commission, which was composed of alleged "Quakers," who were authorized to select a tract of 800 acres of land donated by Congress, upon which to locate a new state capital site. His report was too precise in that it revealed the skull- duggery of the Commission ; whereupon, the Legislature repudiated "Monroe City, in Jasper County." as the site for the new state capital. Des Moines was a candidate itself for this great prize and MeKay was too loyal to his own town to report in favor of any other.
At the May term of the District Court in 1847, Mckay was admitted to the bar of Polk County, and was the first applicant to accomplish that end. He was elected judge of the fifth district in 1849. Judge MeKay was an ardent teetotaler and avowed his temperance principles on all occasions. He was esthetic and loved the beautiful, whether in animal or still life. He held the office of judge four years and was defeated for reelection by P. M. Casiday, of Des Moines, who soon resigned and was succeeded by the eccentric Judge C. J. McFarland, of Boone. In 1857 Judge MeKay went to Kansas, where he died a few years later. In all his relations with civic and social life he stood for the betterment of all.
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HISTORY OF MADISON COUNTY
In 1853 the state was again redistricted and divided into nine judicial dis- tricts. By this arrangement, Madison was placed in the ninth district, with Monroe. Appanoose, Wayne, Decatur, Lucas, Clark and Warren. Madison re- mained in the ninth until 1857, when the eleventh judicial district was created. in which Madison was placed with Poweshiek, Mahaska, Jasper, Marion, Polk, Warren and Dallas. When a new alignment of the judicial districts was effected in 1858 Madison was again assigned to the fifth district, which was completed with the addition of Carroll. Audubon, Greene, Guthrie, Adair, Dallas, Warren and Polk counties, where it has remained until the present time.
The next judge to sit on the bench at this court was John S. Townsend, who succeeded P. M. Casiday, the latter having resigned the position without having held a term of court here. William M. Stone followed Townsend in 1857.
John H. Gray was the first judge to preside here after Madison County had been permanently placed in the fifth judicial district. Ile served from 1859 until in the fall of 1865, when his death occurred. Then came Charles C. Nourse, who was appointed to fill the vacancy left by Judge Gray. His successor was Hugh Maxwell, who was also appointed to fill a vacancy. He was on the bench from 1866 until 1870.
John Leonard belonged in Madison County and was elected to the bench in the fall of 1874. He was a man of fine legal mind and dealt out justice with strict- ness and unwavering impartiality. During his incumbency of the office he was called upon to pass on many cases that became of state wide celebrity.
W. H. McHenry succeeded Judge Leonard in 1878. John Mitchell was the first to sit upon the circuit bench here in 1868, the fifth judicial district having been divided into two circuits. Judge Mitchell held court in the first circuit, composed of Warren, Monroe and Dallas, and Frederick Mott, of Madison County, held court in the second district, composed of Adair. Cass, Guthrie, Audubon, Greene, Carroll and Madison. Judge Mott was considered one of the ablest and purest judges of the Iowa bench, but was compelled to retire upon the abolishment of the second circuit of the fifth judicial district in 1873. In 1878 another circuit was formed, when S. A. Calvert was appointed to the judgeship.
A. W. Wilkinson, of Winterset, was elected to the district bench in 1887. and served until 1902. His record as a jurist of sound, legal acumen, painstak- ing care in preparing decisions and impartiality in his rulings, is unassailable. He was one of the most popular judges in the district, and while on the bench commanded a high place in the estimation of those holding place in the appellate courts. He left the bench to resume the practice of the law, and is now the nestor of the Madison County bar. A more extended sketch will be noticed in the second volume of this work.
The names of other judges of this district follow: O. B. Ayers, of Knox- ville, Marion County. 1887-90; J. H. Henderson, Indianola, Warren County, 1887-95: William H. McHenry, Des Moines, 1879-86; James H. Applegate, Guthrie Center, 1891-1914; Edmund Nichols, Perry, Dallas County, 1903-10; John A. Storey, Greenfield, Adair County, 1896; James D. Gamble, Knoxville, Marion County, 1896-1910; William H. Fahey, Perry, Dallas County, 1911 ; Loren N. Ilayes. Knoxville, Marion County, 1911.
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HISTORY OF MADISON COUNTY
THE BAR
The bar of Winterset contains upon its roster the names of a number of promi- nent men, and, as a class, the lawyers of this place have been men of high char- acter, and one naturally feels a thrill of local pride in looking over the roll of names of those men who have done so much to protect the rights of the people and to preserve in its purity that jurisprudence which is the foundation stone of American civilization.
One of the earliest lawyers of Madison County was Israel D. Guiberson, who in the few years he practiced his profession established a reputation which is still cherished. He died in 1850.
M. 1 .. McPherson was a pioneer lawyer who rose to eminence. He was decidedly a man of power. He was a soldier in the Civil war, was a member of the State Senate and was a man of prominence in the state. As an advocate he has had few equals.
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