USA > Iowa > O'Brien County > History of O'Brien County, Iowa, from its organization to the present time > Part 17
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).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27
But upon my return Wed- nesday morning, Justice Conant, who had become act- ing coroner in the place of the coroner, Dr. Perley, had issued a warrant for the arrest of certain parties, and had telegraphed to Sanborn to C. A. Babcock to come up, and take charge of the case. The writer expressed R. E. KEARNEY. his feelings freely, both to Justice Conant and to Babcock for such a condition of affairs, but the farce had commenced, and I was powerless to prevent it. For an entire week the hear- ing progressed, and such a mass of contradictory testimony as was introduced on the part of the state, was a shocking exhi- bition of judicial stupidity. One of the arrested parties was
GT
290
HISTORY OF O'BRIEN COUNTY, IOWA.
held to the grand jury, and when that body met, there was found to be not sufficient evidence to indict him, and who the murderer was, is still a mystery.
A contest case over a public office, the first in the county, was tried in Primghar in October, 1877, between S. C. Harris and T. J. Alexander, for the office of treasurer. It was claimed by Mr. Harris, that certain frauds and irregularities were used in some of the townships, which if left out, would be sufficient to defeat Mr. Alexander, who had been declared elected. The tribunal then consisted of a commission, one of its members being the chairman of the board of supervisors, and two others, one chosen by each of the contestants, who were W. E. Welch, chairman of the board; J. C. Elliot, chosen by Alexander, and B. F. McCormack by Mr. Harris. The attorneys were J. L. E. Peck and M. B. Davis of Sioux City for Alexander, and Charley Allen, Warren Walker and D. A. W. Perkins for S. C. Harris. It was certainly in some respects a dramatic scene, and there was considerable in- terest manifested. There was a large attendance from all over the county.
In Carroll township there were sixty-five votes cast in full, 51 for T. J. Alexander, 14 for S. Harris.
The judges had fixed up an old cigar box, by putting two or three tacks in the lid, and cutting a hole in it to put the tickets through, as a ballot box. At noon on the day of elec- tion, one of the judges took this primitive ballot box at his house with him when he went to dinner, about a mile and a half away, the other two judges went in an opposite di- rection about two miles away, all being gone an hour and a half. At 6 o'clock they went to supper, as they had gone at noon to dinner, but remaining this time about two hours. It was alleged at the time of the trial, that the election judge who took the ballot box, offered to bet upon his return from supper, that Harris did not have 17 votes in the box. It was also alleged at the trial, that when the judge returned with the ballot box, the lid was not fastened down, but was up
291
HISTORY OF O'BRIEN COUNTY, IOWA.
about a quarter of an inch. It was also alleged at the trial, that the votes cast, were every one for or against the nomi- nees for treasurer. At the same time, one voter was ready to swear, that he did not vote for any one as county treasurer, and that he scratched the name out. There were about fifty voters from Carroll township who were willing to swear, that they voted for T. J. Alexander. The attorneys for Mr. Harris objected as a matter of law, to the admission of such evidence.
Frank Frisbie, the ever enthusiastic and irrepressible Frank, spoke right out in meeting, and declared, that Carroll township wanted everybody to understand, that they had brought a rope along, and would hang the first man who favored an injustice. One of the attorneys for Harris suggested, that the court had the right to protect itself from this kind of talk, as it was nothing more or less than a con- tempt of court. Another of the Alexander party came to the front, in a pugilistic attitude and said, "you had better try that little game if you think best, there are fifty men right here to back him up." At this the whole delega- R. A. CUSHMAN. tion from Carroll township were murmuring, and were much excited. Some said, "tar and feather that lawyer," others, " put him out." For awhile everything was in great confusion, and there seemed to be nothing but trouble and perhaps bloodshed in store, but finally the lawyers on both sides, brought about peace and quietness. The court then adjourned until the 26th, and on that day ren-
292
HISTORY OF O'BRIEN COUNTY, IOWA.
dered their decision in favor of the Alexander party. It was more of a misunderstanding than anything else. The court was disposed to do what was right, and did so, by deciding that Mr. Alexander was legally elected treasurer.
LAWYERS.
The lawyers of the county are, at Hartley, W. P. Briggs and J. W. Walter. Mr. Walter has been clerk of court in the county, and is a conscientious fellow and a good lawyer. Mr. Briggs moved to Hartley from Sioux City, and has a good practice with ability to maintain it. Sanborn has three lawyers E. T. Langley, J. A. Wilcox and C. A. Babcock. Mr. Lang- ley was in practice many years at Huron, S. D., is a popular lecturer and in his practice is actuated by only a desire that right shall prevail, and has a good knowledge of the law. Mr. Langley has his son associated with him. Mr. Wilcox has been in Sanborn about 10 years and has established a lucrative practice, and does a large collection business. As a lawyer he stands well in his profession.
Mr. Babcock is county attorney, and is a good lawyer with a large practice.
Sutherland has two attorneys, Geo. F. Colcord and C. F. McCormack. Mr. Colcord came to the county in 1872, first settled in Sheldon. He was justice of the peace for many years, and was popular as such, exercising good judgment, and giving honest decisions. He pursued the study of law afterwards, and has acquired quite a reputation in the county as a good lawyer. He was from Massachusetts, and as an old soldier carries the scars of the conflict. Mr. McCormack has not been in practice many years; he was a candidate for county attorney in 1896, run ahead of his ticket, but belonged to the wrong party for victory.
He is quite a student, and too conscientious to lead a client into difficulty.
The firm of Crow & Hunter composed of H. H. Crow and Hunter are the only lawyers in Paullina. Mr. Crow is else-
293
HISTORY OF O'BRIEN COUNTY, IOWA.
where mentioned as an able lawyer, and an honest man. Mr. Hunter has recently settled in Paullina from Sioux City.
Primghar has lawyers as follows: O. H. Montzheimer, P. R. Bailey, Peck, Arthurholt & Ingham and David Algyer.
Mr. Montzheimer is an energetic fellow, painstaking and bright, and knows a case well before he enters upon its trial. He is a good collector and a good lawyer.
Mr. Bailey has acquired considerable of a reputation as a public speaker, is in demand at G. A. R. gatherings, being an old soldier, and the sound of his voice is heard by the entire assembly. He spent a few years in Alabama, but his aggres- sive tactics in whatever he believes, caused some friction with the southern element, and upon his return he belabored them with a production called "Old Shady, or the Dis- appointed Yankee," writ- ten in Bailey's own pecu- liar style. He has a good practice, and tackles the opposition in the trial of cases with much force.
J. L. E. Peck came to Primghar at an early day, was auditor of the county, and has accumulated con- siderable property. He is a careful, reliable lawyer, and presents his views to the court and jury with DR. J. M. LONG. much force and clearness. W. W. Arthurholt attends more particularly to the office, as also does Mr. Ingham as an ab-
stracter. These two gentlemen bought out the business of T. F. Ward, and opened up in Primghar several years ago, and later formed the partnership mentioned with Mr. Peck.
Mr. Algyer has been recently admitted, and has formed a partnership with T. F. Ward, of Le Mars. David has been
294
HISTORY OF O'BRIEN COUNTY, IOWA.
a justice of the peace in Primghar for many years, and his court has been alluded to as the "Supreme Court" by the lawyers, which is certainly complimentary to our learned friend, who is capable of many things which the future will develop.
Sheldon has quite an extensive bar, and as the city is near the corner of the county, their practice reaches into Sioux, Lyon and Osceola, as many residents of these counties make Sheldon their trading point.
The lawyers are: M. H. Allen, G. A. Gibson, G. T. Well- man, W. D. Boies, G. W. Roth, I. N. McIntire, Joe Morton, W. Webber, A. J. Waldsmith, John McCandless and D. A. W. Perkins.
Mr. Allen is entitled to considerable credit, as by his own exertions and hard study he has become one of the prominent lawyers in the northwest, and is sought for in important cases. . He is bright, and full of force in the trial of cases, and the fellow on the other side must be sure that he has his case well in hand. We knew Milt when as a lad, he was a successful rider in the various horse races hereabout, and he exhibited the same ambition to win, that he does now when he tackles a law suit.
The firm of Boies & Roth has long been established at Sheldon, Mr. Boies having been previously located at Sanborn, who formed a partnership with Roth, after the latter had graduated from a law university. Mr. Roth is a good, clean lawyer, but more particularly looks after the office business of the firm, though he often takes a hand in the trial of cases. Mr. Boies has an extensive reputation as an able lawyer, and an eloquent advocate.
He was the candidate of his party for attorney general at the last election, is a shrewd attorney, with a good legal mind, and a large practice.
Mr. Wellman entered the practice with a good education behind him, and whenever he takes hold of a case, it gets thorough investigation, and all its points are well known and
295
HISTORY OF O'BRIEN COUNTY, IOWA.
understood. He is a hard student, and when he gets ready for the battle, he is well equipped, and his adversary is likely to wonder before he gets through, what hit him. Mr. Well- man is a good lawyer.
Mr. Gibson commenced practice in Sheldon about three years ago, and in that time has acquired quite a considerable amount of clientage. He works hard over his cases, and tries a case with considera- ble force and skill.
I. N. McIntire makes somewhat of a specialty of collec- tions and brings con- siderable many cases. He is a university stu- dent, and has been in the practice at Shel- don about ten years. Joe Morton studied with his father in S. A. CARTER. Sheldon, and afterwards graduated from the Iowa City uni- versity about two years ago. He is ambitious, and takes hold of a case with much vim and determination, and has the mak- ing of a successful advocate. He was elected city attorney, and has a good practice.
A. J. Waldsmith also graduated from the Iowa City uni- versity, and first opened an office in Sanborn, and afterwards formed a partnership with E. T. Langley, but about two years ago moved to Sheldon. He is quite a student-like fellow, with much literary taste, conscientious and careful in giving advice, and is a good lawyer.
C. H. Bullis, formerly a lawyer of Sheldon, died several years ago. He was a thoroughly educated man and an able lawyer.
296
HISTORY OF O'BRIEN COUNTY, IOWA.
O. M. Barrett was in practice in Sheldon many years, and moved to California some time ago. He was state senator two terms.
Judge Alfred Morton was a member of the O'Brien county bar nineteen years, and died in 1896. He was a gentleman by nature, of much affability of manner, and was sympathetic and kind of heart. He had a large practice in his palmy days, and was well versed in the principles of law.
Charley Allen was in practice here many years, but moved to Wyoming several years ago. He was sort of a matter of fact fellow, good on pleadings, had his reasons for everything, was a successful lawyer, and a thoroughly honest man.
D. C. Hayes was an early practitioner, in the county. B. F. McCormack was also admitted to the bar. J. B. Dunn practiced in the county and was county attorney two terms. Louis Vogt practiced at Sanborn but is now at George. Warren Walker is mentioned elsewhere. Charley Mckenzie a legal genius, formerly at Sheldon, is now at Des Moines, in practice there. Frank Nash, a former Sheldon lawyer, is in Colorado, and his brother S. C. died a few years ago. John Connell, who also practiced in Sheldon, is now in Boyden. Young Ainsworth, a bright fellow, started in Sheldon in the eighties, and died here a few years after his location. Earl Brown graduated from a law university, was in practice for a while, forming a partnership with Milt Allen. His tastes however, seemed to lead him out of practice, into that of banking, which business he is now engaged in, being with his father in the Sheldon bank. T. F. Ward, an able lawyer at Primghar, is now at Le Mars. The writer commenced prac- tice in Sheldon when the town started, and is still in practice there.
Lawyers as a class are broad in their make-up, and are free from personal bickerings. Of course there occasionally drifts into the profession some insignificant shyster, who breathes not the atmosphere of fellowship, nor knows not the significance of professional ethics, but the rule is, that we are
297
HISTORY OF O'BRIEN COUNTY, IOWA.
fraternally engaged in the analysis of a science, whose prin- ciples we apply to the controversies of men, for the settlement and adjustment of their differences.
M'GREGOR ROAD.
In 1877, there was an attempt on the part of the McGregor & Missouri R. R. Co., to divert the line in its course across O'Brien county, so that it would cross between Sheldon and Hospers. This road is now the Chicago, Milwakee & St. Paul. The bill granting to this company its land, from McGregor in Iowa, should run westward, along, or near the 43d paralled of north latitude, and intersect the Sioux City & St. Paul R. R., now the St. Paul, Minneapolis & Omaha Rail- way, in O'Brien county. Our member of congress at that time introduced a bill, allow- ing the company to divert its line, which aroused the set- tlers who had taken claims with reference to this road, and Sheldon was particularly indignant. Meetings were held, and money raised to prevent this scheme on the part of our congressman, and it took considerable hard work to defeat it. It was de- feated however, and the line was held on its original route. Hon. S. R. Harris, of Buc- yrus, Ohio, a lawyer then in CHRISTIAN CHURCH, PRIMGHAR. practice there, and of much ability, and prominent in his state, took a hand in the matter, and the work he did for us, never was fully known, but it saved us defeat. He had large land interests here, and visited us every summer in prairie chicken time, and was in full sympathy with
298
HISTORY OF O'BRIEN COUNTY, IOWA.
the settlers as much so, had he been one of our number, and he felt the injustice, that was in attempt to be perpetrated.
He secured the influence of several distinguished members of congress in our behalf, who defeated at once every move made by our congressman, until the matter was finally settled by the road being built on its original line. Mr. Harris is now a member of congress himself, from Ohio, having been elected a republican by a large majority, in a democratic dis- trict, which is proof that an intelligent constituancy fully un- derstand his worth as a man, and his ability as a statesman.
NEWSPAPERS.
There are in the county at the present time eleven news- papers, as follows: The Herald in Hartley, by Allen Cros- san; the Journal by Claude Charles. In Sanborn the Sun, by B. F. McCormack, and the Pioneer by S. L. Sage. In Suther- land the Review, and the Courier by W. H. Bloom. In Paullina the Times, by F. M. Bethel. In Sheldon the Eagle by J. H. Oats, and the Mail by F. T. Piper. In Primghar the Democrat by H. B. Waite, and the Bell by J. H. Wolf. The first newspaper distributed in the county, and circulated as a county paper, was started in Old O'Brien in 1871, by J. R. Pumphrey, edited by B. F. McCormack, and was called the O'Brien County Pioneer. This paper was printed in Cherokee by Robert Buchanan, and its publication was con- tinued. until May 24, 1872, when L. B. Raymond established a printing office at Old O'Brien, so that the first newspaper publication printed in the county, was in that month and year. The first issue stated among other locals, that B. F. McCor- mack was busy breaking prairie, that Geo. Youde had com- pleted an addition to Pumphrey's residence. It also stated then upon good authority the editor was informed, that settlers were going into the northwest part of the county. The June number, 1872, informed the people, that Capt. Tifft had in 159 acres of small grain, 40 acres of corn, and 4 acres of potatoes. Also that he broke on his own claim in 1871, 100 acres.
299
HISTORY OF O'BRIEN COUNTY, IOWA.
The first issue printed in the county appeared May 24, 1872, which was continued by Mr. Raymond until November 15, 1872, when the paper was purchased by A. H. Willits, and the first number under his administration was of that date. Mr. Willits, continued its publication under his own name until September, 1873, when C. W. Inman purchased a half interest, and the management of the paper was by Willits & Inman. This firm continued about a year when Mr. Inman retired, and A. G. Willits, son of A. H. succeeded him, and the paper was then published by A. H. Willits & Son.
In April, 1879, Warren Walker purchased the interest of the elder Willits, and the firm of Walker & Willits continued its publication until the plant was pur- chased by its pres- ent owner, J. H. Wolf. This paper has followed up the advancing pop- ulation of the county; first pub- lished at old O'Bri- en, then when the county seat was moved to Prim- ghar, the paper RESIDENCE OF C. H. WESTFALL, HARTLEY. followed, and not long after Sanborn started, the paper was moved there, which was in November, 1880. It has been a strong paper, and its editor, J. H. Wolf, a forcible and consci- entious writer. The paper has established itself firmly with the people, is republican in politics and has a large circulation.
The next paper started in the county was the Sheldon Mail, the first issue of which is dated January 1, 1873. The paper was started by L. B. Raymond, whose name appears as its proprietor, and D. A. W. Perkins, editor. In the spring of 1873, Mr. Perkins purchased the paper of Mr. Raymond.
300
HISTORY OF O'BRIEN COUNTY, IOWA.
Frank T. Piper took charge of the paper in August, 1872, as foreman, and from the writer's recollection, Mr. Piper was also " devil " and all hands. He continued with the paper until it was purchased by John F. Glover in the fall of 1874, and re- mained with Mr. Glover for awhile, until he went away to attend school. Mr. Glover changed the name to Sheldon Republic, and continued with the paper until August 13, 1875, when Frank T. Piper became again connected with the paper, as editor and proprietor by purchase from Mr. Glover. Mr. Piper at once went back to his first love the "Mail" and changed to that, from Republic. The Sheldon Mail has become one of the fixtures of northwest Iowa. Its early es- tablishment and continued publication, as well as good man- agement for so many years, has settled its permanency and given it a substantial reputation. It has a large circulation, and much credit is due to Mr. Piper, who has for a quarter century, in season and out of season, and at all time battled for the advancement and the good name of Sheldon, of O'Brien county, and of northwest Iowa. It has also during this time been republican, and has vigorously maintained the principles of its party in politics, and whenever the party ticket has been put in the field, Mr. Piper has stood by it unflinch- ingly, though at times some nominee was distasteful to him, and his continued advocacy of some candidate, has often re- sulted in a return of base ingratitude.
The first paper started in Hartley was the Record, in June, 1884, by F. E. Cole, who was a bright editor, and a good printer. Cole run the paper fourteen months, when he leased it to Allen Crossan for one year, at the end of which time, Mr. Crossan purchased it. After he had run it four years, he sold it back to Mr. Cole. Cole then sold a half interest to Will Dunn, and in 1891, C. H. Crawford took charge of it, and continued with it until 1894, when the present proprietor, Claude Charles took charge of it. He changed the name to the Journal. The paper is well conducted, and under good management.
301
HISTORY OF O'BRIEN COUNTY, IOWA.
A second paper was established in Hartley in 1895, called the Hartley News by G. R. Gregg. This enterprise was a failure, and ended its existence in ninety days. In July, 1896, Allen Crossan bought the News plant or rather the material, and started a new paper, the Hartley Herald. The paper is independent in politics, and shows much enterprise on the part of its publisher.
The Paullina Times was started in 1872, by G. G. Bundy, which was continued by him until August 9, 1883, when for a few issues towards the close of Bundy's administration, it was published by Bundy & Thomas. Bundy sold to Oscar D. Hamstreet, whose first issue was September 6, 1883. Mr. Hamstreet continued the publication of the paper until Janu- ary 5, 1893, when the present proprietor, Frank M. Bethel, purchased the plant, and became its editor and man- ager. The paper at all times has been well conduct- ed; Bundy was an aggressive fellow, and sort of kept himself in hot water, but after all there is such a thing as a news- paper being too tame. Hamstreet RESIDENCE OF J. L. TAYLOR, HARTLEY. was a spicy, pointed writer, and quite a news gatherer. Under the present management the paper is well conducted, and is thrifty and prosperous. Frank M. Bethel is a young man, active and energetic, and quite an agreeable and social fellow. He is a pungent, fearless writer, says what he be- lieves, and gives the news of the day, with unsparing hand.
The Sutherland Courier was started in 1882, by Harvey
302
HISTORY OF O'BRIEN COUNTY, IOWA.
Hand, who sold it to C. H. Brintnall, afterwards to Bert Ham- ilton, and he sold to the present proprietor, W. H. Bloom. Mr. Bloom is a mild writer, he keeps in touch with the town and runs a good local paper.
The Sutherland Review was started a few years ago, and has had several different editors, still it seems to maintain its position as a creditable local paper.
The Sheldon Eagle has had many different proprietors, and changes in politics. Under the present management by J. H. Oats, it is in better shape than it has ever been, and it is now recognized as a very creditable and newsy paper. It is dem- ocratic in politics.
The Primghar Democrat was brought into existence, before the last presidential campaign, as an expounder of the demo- cratic faith, and still sticks to the political text. It is in charge of H. B. Waite, whose ready pen, gently tells the local news, and that a protective tariff will be the ruin of the country.
The Primghar Bell is now under the immediate control of J. H. Wolf who has recently moved to Primghar. The Bell has established itself as a strong county paper, filled with cor- respondence from other points in the county, and plenty of local news. It has been run by Fred and Will Wolf with the aid of their father J. H. The paper was started by F. M. McCormack, who is at times when the spirit moves him, quite a forcible writer. He now publishes a paper at Claremont, Minnesota.
The Sanborn Sun, is the present outcome of a paper started several years ago, and has passed through several different hands. It is now run by B. F. McCormack who has his own way of entertaining his readers each week, and he talks right out in meeting, and says what he likes.
His style is spicy and his articles forcibly and well written. At one time Ira Brasheers had a paper at Sanborn which was sold with the mortgage on it to other parties, and with the material there was started the Sanborn Cycle. This paper wrestled with difficulties in and out of the office for awhile,
303
HISTORY OF O'BRIEN COUNTY, IOWA.
when it was suspended. John Whiting had a paper for awhile at Sheldon, and which finally became an attempted agricultural paper, but at last surrendered.
W. H. Noyes also started in Sheldon the "Iowa State Gazette " which struggled along for awhile and at last the material was moved to Belmont, Minnesota, where it is now used in the publication of a paper there.
The Sanborn Pioneer has been leased to S. L. Sage with a contract as to its purchase. Mr. Sage has considerable celebrity as a newspaper man, and will no doubt keep up the standard of the paper, adding to it his own journalistic experience.
G. A. R.
O'Brien county has many old soldiers, most of whom are members of the Grand Army of the Republic, though some have never identified themselves with any post. This immense organization is national, and scattered over the country are the differ- ent posts.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.