USA > Iowa > Madison County > History of Madison County, Iowa, and its people, Volume I > Part 14
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Gen. A. J. Baker practiced law here prior to the Civil war. Hle enlisted in the Seventeenth Iowa Infantry and after the war settled in Missouri and from there he moved to Centerville, lowa, about forty years ago. He was attorney general of the State of Missouri and also of lowa.
In the early days of this country. Col, 11. J. B. Cummings was a lawyer of recognized ability. He was colonel of the Thirty-ninth lowa Infantry and served through the war, at the close of which he engaged in the newspaper business. Ile was elected to Congress in 1876 and served one term.
Jolin Leonard always ranked as one of the able and successful lawyers of the state. He was judge of the District Court one term. Hle devoted his time exclusively to the practice of his profession and was eminently successful.
Judge Frederick Mott was for many years the law partner of Judge Leonard. Ile was a soldier in the Civil war, served one term as circuit judge and has also served as county attorney. Some years ago he retired from the practice of law and engaged in the banking business, but now lives with his son in Des Moines.
Judge A. W. Wilkinson is the only one of the early practitioners now actively engaged in the profession. While comparatively a young man he was elected to the district bench, where he immediately sprang into prominence as the possessor of one of the finest judicial minds in the state. So well did he serve the people and so popular did he become with the bar of the district that he was reelected time and again, finally retiring on his own motion after a service of sixteen years. Hle is now senior partner of the firm of Wilkinson & Wilkinson.
Among the early lawyers may be mentioned S. G. Beckwith and G. N. Elliott. They both gave up their practice in 1862 and joined the Union army. Elliott rose to the rank of colonel and after the war he was a successful attorney in Topeka, Kansas, where he died some eleven years ago. Beckwith was killed at Black River Bridge and his memory as a true patriot will always be cherished.
V. Wainwright came to this county during the Civil war and engaged in the practice of his profession. He was an able and successful lawyer and a con- scientious and scholarly gentleman. He died in Winterset almost a quarter of a century ago.
One of the brightest young men of this state was B. F. Murray. He was not only prominent as a lawyer but he was prominent in politics. He served a
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term in both branches of the Legislature. Ilis health broke down while he was yet a young man which ended a career that could not have been otherwise than brilliant.
Hon. S. G. Ruby was for many years one of the prominent and successful lawyers of this county. For a number of years he was consul for this republic at Belfast, Ireland. He also held other important Government positions. He and B. F. Murray were among the first to enlist in the Union army from here.
Judge W. Il. Lewis has for many years been engaged in the nursery busi- ness. He was a successful lawyer for a number of years and served one term as county judge.
V. G. Holliday, at one time an attorney of this place, is now practicing his profession in Colorado.
T. C. Gilpin was a soldier in the Civil war. He came about its close and enjoyed a lucrative practice until he retired a few years ago. He also served as county judge and county auditor of this county. For many years his law partner was his brother, Hon. S. J. Gilpin, who died in Winterset a few years ago.
Maj. Eli Wilkin and John Burke came to this county about the year 1868 and began the practice of law. Both were Union soldiers. In a few years Burke removed to St. Louis, where he became prominent and wealthy. Major Wilkin built up a fine practice, which he retained until he removed to the State of Wash- ington. He served one term in the State Senate of Iowa. He died at his old home in Ohio some fourteen years ago.
Byram Leonard began the practice of law here under flattering prospects but his career was cut short by his death in 1878. He was a good lawyer and highly respected in this community. His brother, J. F. Leonard, is still engaged in practice and has also engaged in farming to some extent.
A. W. C. Weeks, at one time a prominent attorney of this place, is now in Oklahoma. He quit the law some years ago and is now engaged in journalism.
The firm of McCaughan & Dabney was engaged in the law business at this place for about twenty years. They were both able and successful. Mr. McCaughan is now largely engaged in mining and farming in Mexico and Mr. Dabney went into the oil business in San Francisco and died a few years ago.
J. R. Chandler, at one time mayor of Winterset, and a prominent attorney, was highly respected. He served in the Civil war.
J. M. Miller, Homer Thompson, J. W. Wood and M. Polk were all at one time members of the bar at Winterset. Mr. Wood and Mr. Polk are dead: Mr. Thompson is engaged in the newspaper business at Valley Junction, Iowa, and J. M. Miller is engaged in the real estate business in the State of Washington.
G. W. Seevers, one of the oldest members of the bar, died in 1914.
Hon. C. C. Goodale, of Lamars, Colorado, is another member of the bar. of Madison County who attained honors and eminence. He was not only an able lawyer but was at one time a popular politician of this state. He has been eminently successful in Colorado and for a number of years was surveyor general of that state. T. R. Wilkie practiced at this bar several years and left for Des Moines about five years ago.
S. D. Alexander attained some prominence at this bar and severed his con- nections only when death and disease called him away, in 1914.
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Emory Nicholson also died but quite recently-in 1913.
J. J. Crossley served as county superintendent of schools two terms ; repre- sented this district in the State Senate, and for several years was prosecuting attorney in Alaska after moving there. He is now practicing law in Portland, Oregon.
Of the present members of the bar, brief mention will be made, as more extended notice of their careers will be found in the second volume. John .1. Guiher is recognized as one of the able lawyers of the state. He has a fine practice and the people of this county would feel a pride in seeing him promoted to the bench. He was appointed railroad commissioner in January, 1915.
J. P. Steele is one of the okler members of the local bar, has a good practice and is a successful lawyer. He has served the county as its prosecuting attorney.
WV. S. Cooper has proven a success as a general, all around practitioner. Ile served at one time as county attorney.
Others who should be mentioned in this connection are W. O. Lucas, W. T. Guiher, ex-county attorney. 1.co Percival, Phil R. Wilkinson, county attorney elect, J. J. Crossley, J. E. Tidrick, C. A. Robbins, ex-county attorney and now assistant attorney general for lowa ; Samuel C. Smith, late county attorney, who made an enviable record as county attorney and has established a large practice ; Joseph F. Smith, of the firm of Robbins & Smith: J. W. Rhode, of Earlham ; and W. A. Tris, of St. Charles.
JUDGE GILPIN IN REMINISCENT MOOD
Webster defines history as an account of facts ; but the prevailing iconoclasm of the present age would seem almost sufficient to forestall any effort of individual or society to attempt to perpetuate aught of historic reminiscence. So persistent have been the efforts of these image breakers, that one is almost forced to the conclusion, paradoxical as it may seem, that history, instead of being an account of facts, is a true and correct record of events and incidents of the past. that never transpired. Truth and fiction have been by them so inextricably confounded that the disgusted and confused school boy was more than half right when he said, "history is a confounded nuisance." They have broken the cross bow and arrow of William Tell, and relegated him, with the tyrant Gessler, to the region of mythical mists.
Arnold Winkelried no longer forces a breech through the serried ranks of the Austrians by grasping to his heroic breast their cruel lances. Leonidas and Thermopylae have been by them sponged from the legendary tablets of Spartan epies. Casabianca no longer shouts defiance to the flame wrapped ship, but has been pronounced a witless fool. The cherry tree and little hatchet have been classed with the improbable stories of . Esop, preference being given to the fables of the black slave. Even our okl venerated Christmas friend, Santa Claus, has been playing a part under the disguise of pater familias. Sic transit gloria mundi.
Thus have these pestilent iconoclasts been shattering the favorite images, which we have fondly chrished from our youth up, as historical. Nor is their office and work of modern origin. They have been busy wreckers for near three thousand years. The old poet Homer was declared by Aristotle to be a myth.
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while Socrates and Plato, after 400 years of Homeric history, cast a shadow of doubt upon the story of Achilles, of Hector, of Agamemnon, of the famous siege of Troy and the fascinating story of the beautiful Helen of Troy.
The antiquity of this office seems to afford a license to these modern wreckers, and invests them with a sort of sophomorical imitativeness. Your association must therefore be. more than usual, optimistic and instigated by a strong faith, that the record you are preparing shall survive the criticism and skepticism of the future.
If my information is correct, the object and purpose of your society is to collect and preserve of record, events, incidents and interesting items pertaining to the early settlement, growth and progress of this county, to prepare an account of facts. Your purpose and object is most praiseworthy, for as the poet Spenser says,
"How many great ones may remembered be, Who in their days most famously did flourish, Of whom no word we hear, no sign we see,
But as things wiped out with a sponge, do perish."
Praiseworthy to preserve as on a tableted monument, commemorative of the toils, privations, sacrifices and perils encountered by the hardy pioneers, who, notwithstanding all discouragements, persistently, courageously, hopefully and patiently, builded better than they knew, the foundations of our grand old country. All honor to their noble work. Be it yours to prevent, "that as things wiped out as with a sponge, their deeds and memories do perish." Praiseworthy that from the record you preserve, we and others their successors, may not only learn something of the early history of this county, but be influenced and inspired thereby to emulate these heroic pioneers, in all that may tend to the growth, prosperity and achievement of the superstructure builded upon the foundation they laid.
Although requested to do so, having come to Iowa in the spring of 1861, and to Winterset at the close of the war, in September, 1865, I shall be unable to furnish only more recent incidents, perhaps none worthy of note or that you have not already of record. I regret that I did not know of this county sooner, that I might have been a pioneer like the patriotic woman President Lincoln told of, who wrote him that she was sorry that she did not know the war was coming on, as now she had only five sons to give to her country.
Being a member of the bar, it would be perhaps expected that some reference should be made by me to the courts, attorneys and civic government of the county. There were three courts when I became a member of the bar in 1865- the District Court having jurisdiction of the criminal cases, of causes involving large amounts, and of equity proceedings ; the Circuit Court of the lesser civil actions ; and the County Court having the control and management of probate matters.
I was elected county judge for the years 1868 and 1869, and did so well the. first year that the Legislature abolished the office from and after January 1, 1869. They very kindly, however, took care of the deposed county judges, by creating the new office auditor, and providing that they should hold the new office for the year 1869.
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1 was, therefore, the last county judge and the first auditor of this county. The county judge, among other duties, issued marriage licenses, and when re- quested, was authorized to perform the marriage ceremony. I recall one instance of an aged couple who had lived together for fifteen or twenty years, but had been separated by divorce for more than twenty years, had been apparently reconciled by mutual friends. They came to my office one day with their friends and wished me to issue the license and marry the okl couple. 1 did so, and as was my usual custom, shook hands with them, wished them well and said I hoped their last days would be their best days. Imagine my surprise and indignation when the bridegroom shook his grey locks and said, "Well, it's got to be a durned sight different from what it was if it is." The old fellow shuffled off out of the office, leaving the bride and her friends to settle the license and marriage fees.
A notable case was tried in the District Court, then being held in the P'res- byterian Church Building, located where the electric light plant is now situated. This was prior to the erection of our first courthouse. A dose of aconite had been mistakably administered, resulting in the death of the patient and a conse- quent suit for a large amount in damages against the druggist, who was accused of issuing the fatal prescription. During the progress of the examination of witnesses and experts, the word aconite was very frequently used. Old Colonel Curtis had long officiated as court bailiff and was apparently as necessary to the proper conduct of the court as the presiding judge himself. The colonel was a faithful servant, but during the slow and tedious prolongation of this aconite case, as it was called, he would drop off into the semi-consciousness of a nap. Being at one time aroused from one of these somnolent lapses, by the order of the judge to adjourn court, he arose and blinkingly announced, "Hear ye, hear ye, the honorable aconite court is now adjourned."
Our county has always had the reputation of having a talented and well equipped bar. During the sessions of the District Court, quite a number of attorneys from Indianola, Knoxville and Des Moines were accustomed to attend and our bar reciprocated during sessions hell in these other counties. A very notable and gratifying change for the better is the elimination of all abusive language and conduct of opposing council. While our bar has always been com- paratively free from such reprehensible conduct, as much cannot truthfully be said of some other counties in this district in former days; our judges of late years have frowned down all such unseemly and ungentlemanly exhibitions of pugnacity. It is a sad reminiscence that not one of the members of the bar of 1865 is now in the active practice.
Colonel Cummings, Mott, Ruby and myself are the only living relics, leaving the forensic honors and emoluments to the younger members of the profession. Some of our business men of that day, in order to escape compulsory jury duty, were admitted members of the bar. the only qualification being the willingness and ability to furnish an oyster supper to the members. Some of these bivalvular lawyers may yet remain "in esse."
The board of supervisors consisted of one member from each township, seventeen in all, having about the same duties as the present board. I recall the member from Monroe Township-the tall, dark complexioned. angular Herbert
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Harris. He was a man of strictest integrity and highly respected by the other members. He was a man of few words. When claims or appropriations were under investigation his one and only speech, as he extended his long arms, was "Guard the treasury. boys, guard the treasury." He would have been a good president of the New York Life Insurance Company.
Old Father McLeod, of Center Township, was the president of the board and was very careful to preserve the dignity thereof. and of his official position. It was his custom to call the roll of the members, noting absentees and delinquents. At one of the morning sessions he called the name of John Kirk, the member from Scott Township, giving the peculiar Scotch whirr to the R-John Kirk. He said. "Kirk, John Kirk." He said, "Kirk." a little louder, "John Kirk." "I answered twice," said Kirk. "Ha ye didna," said McLeod, "that was na but a grunt." Had Kirk said "here," or "present." the dignity of the board would have been conserved.
Our first courthouse was erected during my term of office as auditor and the board of supervisors appointed me to superintend the work. I did so from the water table to the dome. That part being constructed of wood, a Mr. Lemon, a carpenter, looked after that part. During the construction of the main build- ing, the contractor complained of a serious defect in the plan which provided for an arch over the vault of one of the offices. The plan showed it to be elliptical, with a very short spring : the west end was to rest as a skewback on an angle of the main wall, while the east end must rest against a hollow brick wall. without other support. The board declined to make any change and the con- tractor, under protest, built it as specified. Upon removing the form or support. the east end pushed through the wall and the arch crashed down. A half circle arch was then substituted. After the building was completed, but before the keys had been delivered, a controversy arose between the board and contractor about compensation for some extras. The county wanted the use of the house but could not get possession of the keys. The contractor had locked every door and window and took the keys to his boarding house. The sheriff and others went to demand them, were refused and proceeded to hunt for them. The land- lady, hoping to conceal the keys, made a fire in a certain stove, which aroused the suspicion of the officers. With the assistance of an iron poker the keys were all found, although somewhat blackened and marred.
Some amusing incidents occurring in the early part of the war have been related to me, anent the threatened attack in the city and the consequent prepara- tions for resisting. Trees were felled across some of the highways, which an ordinary plow horse could clear without touching the bark. A barricade across one of the roads south of town was constructed of fence rails taken from each side in front and rear of the fortification, and would have proven quite formidable to cavalry, infantry and artillery, had not the engineers thoughtlessly left gaps around the barricade over the smooth open prairie. I do not vouch for these incidents and will only suggest that your secretary interview some of the resident military of that day for incidents that may be of value to the Iowa National Guard at least.
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CHAPTER XIII
THE PRESS
The newspapers of Madison County do not make a big showing in point of numbers, but in that regard they make up the discrepancy in character and the completeness in which they cover the field of their especial endeavor. The county was not very old when it attracted to the county seat James Iler, who brought with him from the "Buckeye" state a small press, fair type and other para- phernalia, with which he set up the first printing office and established the first newspaper in this part of the state.
WINTERSET MADISONIAN
This paper is credited as one of the strongest weeklies in Southwestern Iowa. in point of influence, and it is also one of the oldest.
In 1856 James Iler bought a second press and equipment from the Sandusky (Ohio) Register and brought it to Winterset on a wagon. At that time no paper had been established between Des Moines and Council Bluffs. The Madisonian is therefore one of the oldest newspapers in the state and the very oldest in Southwestern Iowa. The history of the paper in its establishment, growth and development, runs parallel with the growth and development of the state. Its various publishers have invariably been exponents of the persistence, energy and ambition of the community, which has so liberally sustained it, and it has more than kept pace with the growth and progress of affairs.
The following persons either in part or whole have owned and published the Madisonian since its founding by Mr. Iler in 1856: J. J. Davies, Oliver II. Ayers. E. H. Talbot, J. M. Holliday, C. S. Wilson, M. H. Ewing, E. W. Fuller. 11. J. B. Cummings, S. H. Springer, C. C. Goodale, E. R. Zeller, Henry Wallace, Homer Thompson, Albert Strong, Fred Strong, S. D. Alexander and the present owner and publisher, Ed M. Smith, who has been associated with the paper since 1899 and the sole owner and publisher since 1904. The Madisonian has always been the official paper of the county and has never been relegated to a second place in point of influence and patronage. It has always had a larger subscription list than any other in this or adjoining counties, and since 1908 the list has been maintained on a cash in advance basis.
In 1906, the Madisonian took up its quarters in a neat and substantial new home, just a half century after its establishment. The structure is practically three stories in height, when the high basement is considered. It is faced with buff pressed brick and on the facade is inscribed in raised letters "The Madi- sonian." The cost was $8,000 and the new home of this pioneer newspaper ranks among the best and most modern in the state. The plant itself is an excellent one. A late improved press in the basement turns out neatly printed
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JAMES ILER
Founder of the Madisonian, 1856. First called the "Iowa Pilot. "' Mr. Iler died December 10, 1905
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Madisonians rapidly : in the shipping room close by the papers are soon wrapped and ready for distribution by carrier and the mails. The types for the paper are cast and placed in line by the improved Mergenthaler linotype, installed early in the year of 1915.
The second floor is devoted to the counting rooms, editorial rooms and com- posing rooms, while the third story is given over to offices.
WINTERSET REPORTER
The Winterset Reporter was founded by Wood & Gill in 1885 and first pub- lished in St. Charles as the St. Charles Reporter. There it remained ten years, when it was moved to Winterset. The first issue as the Winterset Reporter made its appearance April 11, 1895. In March, 1896, Mr. Wood purchased the in- terest of Mr. Gill, but within a few days sold a one-half interest to W. F. Payton, who was known as the business manager. This arrangement continued until April 21, 1898, when Ray M. Price became the owner of Payton's interest and business manager as well.
During September of the same year another change in ownership took place, S. D. Alexander purchasing the interest of A. L. Wood, who had been appointed postmaster of Winterset. Alexander & Price continued the publication of the paper until May 11, 1899, when Mr. Price became the sole owner.
January 1, 1903, Mr. Price changed the form of the paper from a six- column quarto to sixteen pages, four columns to the page, which form was con- tinued but three months when the old quarto form was readopted by his suc- cessor.
Mr. Price died March 23, 1903, and the present owner, J. W. Miller, bought the paper of his estate, taking possession April 1, 1903. Mr. Miller assumed the duties of publisher and editor as an experienced newspaper man, having been one of the editors of the Madisonian from 1876 to 1887.
The Winterset Reporter has always been a stanch and consistent republican newspaper. Each one of its several editors were thoroughly grounded in the republican faith and they have battled fearlessly for the principles of re- publicanism and the enhancement of the party's interests. Its straightforward and consistent course throughout its career has, no doubt, had much to do with its success, which has been marked.
WINTERSET NEWS
The Winterset News was established in 1872, when Jacob Morgan, who had been foreman of the Winterset Madisonian, bought the plant of the Winterset Sun, a semi-weekly republican paper, from Wilson & Newlon, and changed its name and politics. The first issue of the Sun was September 26, 1868, the publishers being Wilson & Holaday. Wilson afterwards went to Des Moines and was city editor of the Register for years. J. M. Holaday, familiarly known as "Milt," was a printer and belonged to a prominent family. The Sun was a five-column folio. Holaday sold his interest in the paper to A. J. Hoisington the following year and the latter in turn sold to William Newlon. The paper did
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not pay and the plant was sold to Morgan, who issued the first News in the rear upper room of the Jones block, opposite the present building of the News. Morgan conducted the paper several years, and after selling out he was con- nected with the Council Bluffs Nonpareil, published the Kearney ( Nebraska ) Democrat, and was postmaster of that city during Cleveland's first term. In 1876 he sold the plant to Maj. D. D. Palmer, of Iowa City, who published the paper until shortly before his death, having in the meantime sold the paper, March 15, 1888, to Arthur Goshorn, who had sold his own paper in Pierce, Nebraska, to obtain it. Major Palmer changed the News from an eight-column folio to a six-column quarto a year or two prior to his death. The News has always been one of the strongest papers in Southern lowa. In spite of the fact that go per cent of the business men of Winterset have been of opposite political faith since the Civil war, the News has enjoyed their good will and always has been well patronized.
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