USA > Iowa > Osceola County > History of Osceola county, Iowa, from its organization to the present time > Part 10
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T. M.
C
A. W. MCCALLUM.
10
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HISTORY OF OSCEOLA COUNTY, IOWA.
citizen and was a member of the County Board of Supervisors. George Jamison also lives on Section 20. Mr. John Jackley and Isaac Smalley are on Section 21 and B. H. Lyman and J. C. Wilmarth on Section 22. Wm. Keith and Wm. Craig live on Section 23; Nick Seivert, Nick Leinen and Phillip Grats on Section 24; on Section 27 lives Mr. Charles Lingle- man and C. Groendyke; Mr. Ruben Heritage and James Sturgeon on Section 29, and on Section 30 is the old Iselin place improved by these boys John and Harry who came from New York with money but made a failure in business. Nels Porter and S. Laber are on Section 32 and C. Beck, Charles Huntsley and James Bunce on Section 34, with R. J. Stemm on Section 35. Gilman Township is one of the best and finest improved townships in the county and is well settled.
Referring again to Goewey Township, quite a number still live in the county who were among its earlier settlers. In May, 1871, George Perry, along with his brother John and W. A. Spencer, landed here, having drove through from Wis- consin. George settled on a part of Section Io, John on a part of 14, and W. A. Spencer on Section 24. T. E. Perry, father of John and George, came in the fall of 1871, and re- sided here until he died, July 14, 1890. The boys used their wagon covers and wagons for awhile as a habitation until they got something built for a house. Their first load of lumber was hauled from Windom, Minn., and the two Perrys, along with Spencer, went after it. On the road they overtook a traveler on foot who accepted an invitation to ride. When they got to Worthington, which was then starting as a town with only a few shacks, the traveler got a quart of whisky, and brought it around to treat the rest of them. Spencer not being a drinking man, declined to take any, and the fellow soon went away by himself, and about as the boys were start- ing on, came around again drunk as a lord. Pointing to Spencer he said, if that man had drank his share I wouldn't be tight, raising a question in moral philosophy whether or not after all Spencer was to blame for the man's drunken- ness. After this first lumber hauled from Windom, they aft- erwards hauled from Cherokee. On one of George Perry's trips he drove through the Orange City settlement, which was composed mostly of Hollanders, and with these people wooden shoes being principal commodity, they were well stocked and the shoes were conspicuously displayed. George Perry bought a pair for himself and also a pair for his wife, more for the novelty of it than anything else. His wife saw
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HISTORY OF OSCEOLA COUNTY, IOWA.
him coming home and as usual walked out about a mile to meet him. George made a little speech to her about the elegant foot gear he had seen, and thinking she needed a pair, he had invested for her, and presented to her the pair of wooden shoes. After that Mrs. Perry let her liege lord reach the house before she greeted him. She preferred to take her surprises in the way of presents at home.
Clark Perry, another brother, came in the fall of 1871, and settled on the southwest quarter of Section 10 and still lives on the original claim.
John Perry now lives on the claim originally taken by his father, and George now lives in Sibley.
W. A. Spencer resides in Sioux City; he has a son, however, C. A. Spencer, now residing in Goewey Township on Section 22.
In June, 1872, T. M. Spencer, a brother of W. A., came from Wisconsin and took the northeast quarter of Section 23. He has lived in the county since, except one year during the grasshopper period he worked in Cherokee. Mr. Spencer now lives in Ocheyedan; his sons, Charles A. and E. E., live in the same town, while another son, O., lives in Sibley.
G. L. Van Eaton also settled in this township in 1872, and is still the owner of the land upon which he settled. He is now in the lumber business at Little Rock. John Gray. another settler of 1872, lives at Ashton. Among other of the IS72 settlers now living in this township are George Bar- rager, Louis Folsom. James Ford. E. Ellis, Robert Edwards. George Spaulding, who still resides in the township, came in 1871, and also the same year James Hollands. Mr. Hollands now resides in Sibley. W. L. Daggett, now living on Section 36, also came in 1872. Mr. E. Elling and J. C. Inman, who. we think, are on Section 34, are also early settlers. Mrs. Clarinda Baker, who is also an early settler, resides on Section 30. Her husband was gored to death by a bull several years ago. In addition to those mentioned, among the early settlers in this township we find D. G. Crippen, Henry Hoffman. Alexander Gilkerson, George Haskins, Frank Finley, Eugene Guertin, L. Daggett, N. Madison, John Freeman, P. F. Jones- Mr. Jones was one of the early settlers of 1872-Nelse Christ- ensen, W. H. Winney, P. O. Gillis. A. Bronson, John St. Clair, John Christensen, Henry Pollman, P. N. Folkers, D. Irish, T. Stephens, Mr. Brandt, the Johannes brothers, Walter Philips, W. P. Reeves, 1. Brandt, C. Crumb, P. Foley.
Peter and Andrew Sherbonda, who are still living in the
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HISTORY OF OSCEOLA COUNTY, IOWA.
township on Section 6. settled there in 1872. B. F. Curtis. who settled on Section 34 in 1872, now resides in Sioux City. Charles Bangert, living on Section 19, is at present one of the County Board of Supervisors. W. R. Foster lives, we think, on Section 20, and Lent on Section 21. In referring to these present residents. there will no doubt be some omissions, as the writer has gathered several townships from inquiry.
COURTS.
There was in 1872 a District Court, and also a Circuit Court, both being courts of record. Their jurisdiction was about the same, except that the District Court had exclusive criminal jurisdiction. and the Circuit Court had exclusive pro- bate jurisdiction. Both districts comprised several counties, of which Osceola was one.
The first term of the Circuit Court was held in Osceola County in 1873, with Hon. Addison Oliver presiding. The first case on the calendar seems to have been Jacob Franz & Co. vs. F. L. Ward, and the case was continued. John H. Douglass was then Sheriff and John F. Glover, Clerk. The following attorneys seem to have figured into the business of that term: H. Jordan, J. H. Swan and James T. Barclay.
The record does not show any litigated cases, owing, per- haps, to the fact that the attorneys were not numerous enough. Everybody seemed to get judgment in what cases there were. The next term of this Court was held in December and in 1884 the State Legislature abolished the Circuit Court, leav- ing the District Court as the only Court of Record.
The first term of the District Court, Hon. Henry Ford presiding, was held at Sibley in July, 1872. The record makes mention of the fact that it was the first term of any Court of Record held in the county. The officers were: Judge, Henry Ford; District Attorney, C. H. Lewis; Clerk, C. M. Brooks; Sheriff, Frank Stiles.
The record states that C. I. Hill, C. W. Blackmer, H. Jordan and J. T. Barclay were present as members of the Sibley bar, and Sioux City attorneys as follows: L. Wynn, W. L. Joy, O. C. Treadway, H. B. Wilson and J. H. Swan. The first case on the calendar was L. F. Diefendorf vs. J. H. Winspear and others. The action was to restrain Winspear, Frank Stiles and others from building school houses. The injunction was modified, and in September following, in vaca- tion, Diefendorf dismissed the action, and the school houses, under the direction of Winspear, Stiles and others, went on in
ANZ 8 0
J. E. TATUM.
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HISTORY OF OSCEOLA COUNTY, IOWA.
construction. This term of court lasted two days and consisted principally of a few judgments, there being no criminal cases and no jury, either grand or petit.
The next term of the District Court was held in April, 1873. The same officers were present, except that John H. Douglass was Sheriff and John F. Glover Clerk. District Attorney C. H. Lewis stated to the court that there was an irregularity in drawing the grand jury, and asked that the precept be set aside, which was done, and the court then ordered a new precept to issue, which was issued, and the following were the first grand jurors of the county: H. G. Doolittle, B. A. Dean, J. L. Robinson, E. Morrison, J. I. Halstead, A. M. Culver, N. Thompson, J. Slecht, H. Babcock, J. W. Kerr, T. J. Cutshall, Charles Mandeville, R. F. Kinne, D. L. Riley and O. Dunton. Frank Stiles and F. M. Robin- son were held to answer to the grand jury from a preliminary examination before a justice, and upon inquiry to these parties as to challenge, Stiles challenged Riley and Dunton. H. G. Doolittle was chosen as foreman, and the jury was instructed and charged by the court. The record then says, after being charged by the court they retired to consider upon their duties. There is no further record as to this grand jury, or the case against Robinson and Stiles, so that we are left to conclude that the grand jury are still out considering their duties, and Robinson and Stiles are still waiting in doubtful apprehension of an indictment.
The first civil case tried in this court was H. Jordan vs. J. H. Winspear, and the nature of the case is not disclosed. A jury was had, which was the first petit jury in the county, and was composed of the following named members: J. Mc- Kinney, H. Reeves, C. W. Wyllys, Thomas B. Jackson, W. H. Morrison, S. W. Lang, G. R. Helmoly, A. Buchman, C. Anderson, C. T. Torey, Joseph Kappes and George Taylor. Jordan was defeated in his suit, and retired at an expense of $13.40. Several individual judgments were rendered, and Osceola caught it to the tune of $14,851.12 from several different parties, altogether aggregating that amount.
It is not necessary to follow the record of these courts further; the only desire is to show something connected with their first terms. We might add, however, that the first per- son naturalized in the county, was John R. Robertson by Judge Ford, and the first estate to be probated was that of Patrick Baker, deceased.
We also omitted to state that the only litigated case in
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HISTORY OF OSCEOLA COUNTY, IOWA.
the first term of the Circuit Court was that of G. Toun vs. Sioux City and St. Paul Railroad Company, in which case J. T. Barclay was attorney for plaintiff and J. H. Swan for defendant. The jury was as follows: H. L. Baker, C. Manderville, J. W. Collman, E. E. Headley, S. Cram, C. W. Wyllys, Daniel Busbu, Frances F. White, Thomas B. Jackson, George Fablinger, H. F. Manderville, Lewis Cole. Barclay carried off the honors of the victory, and obtained a verdict for seventy-five dollars and costs at the first trial; but the clever and tenacious Swan, who knows but little of the word defeat, appealed the case to the Supreme Court. It is said that when a lawyer gets beaten in a case he either appeals, or goes down to the tavern and swears at the court, and in this case Swan appealed.
We have now only a District Court, comprising Wood- bury, Sioux, Lyon, Osceola, Plymouth, Monona, O'Brien, Cherokee and Harrison Counties. Within this Judicial District are four Judges, who agree among themselves as to the time and place each shall hold. The Judges are: George W. Wakefield, of Sioux City; Scott M. Ladd, of Sheldon; Frank R. Gaynor, of Le Mars, and A. Van Wagenen, of Rock Rapids. These Judges, all of them being members of dif- ferent political parties, are men of unquestioned integrity, of ability, learned in the law, and preside with a desire to hold the scales in equipose and do justice to all. Will Thomas is Clerk of Court in Osceola.
JUSTICES.
Justices' courts were in running operation before there was held a court of record. The office of Justice of the Peace, says Judge Conklin, is of somewhat remote origin, having been first instituted in England, it is said, as early as the time of William the Conqueror. The office was introduced into this country by our forefathers on their first settlement here, so that the people are accustomed to these courts and have them.
At the 4th of July meeting in 1871 nominations were made for Justices of the Peace.
The first year of the county organization the Justices were as follows: H. L. Clapsaddle, O. Dunton, Frank Stiles, D. F. Curtiss and J. H. Winspear.
Since then others have been elected and retired, and the Justices of the county in IS92 are as follows :
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HISTORY OF OSCEOLA COUNTY, IOWA.
Holman-D. L. McCausland and E. Walton.
Ocheyedan-A. E. Smith and R. J. O. McGowan.
Harrison-Charles Mietke and E. L. Krukenberg.
Baker-Dirk Frey.
Wilson -- R. S. Eakin.
Fairview-Thomas Jackson.
Gilman-Joseph W. Reagan.
Horton-W. R. Boling.
Goewey-W. J. Reeves.
Other District Court officers are, John F. Stamm, Sheriff, and T. P. May, Deputy.
There are often many amusing things occur in justice courts, and in the early days of Osceola County there were many here, but the records have not preserved them, and the lawyers who still survive them are reticent, while others who were in practice here then, have gone and some have died. Among the justices at an early day was W. R. Boling in Horton Township-in fact, he is now justice. An action was brought before him of ejectment, and was between - Wass- mann and G. B. Garvy. McCallum brought the suit for Wassmann, the trial was set for January 2 at nine o'clock. McCallum, the Sheriff and his deputy, Webb, with McCausland, started over from Sibley, starting at three o'clock in the morn- ing, and at daylight the thermometer was twenty-six degrees below zero; but they were going to a law-suit, and the stimulus of the coming contest kept them warm-for we wouldn't for a moment intimate that anything else contributed to their com- fort. P. R. Bailey, of Sheldon, was to be McCallum's opponent, but the distance to go and the early hour was too much for him, so he staid at home. The parties were all there in season, and a jury was called, whose qualifications were inquired into, and Mc found that all of them were quite satis- factory. The trial commenced and proceeded, the testimony was in and McCallum was making his argument. Just as Mc commenced, Jack Blair and A. V. Randall arrived, and Blair, seeing a chance for a little fun, went on top of the one-story building, laid a sack over the stove-pipe, sticking up through the roof, and sat down on it. The stove had just been replenished with soft coal, and in an instant the room was filled with black, sulphurous smoke, but Mc kept on until Webb went to shaking the stove-pipe to make it draw, when about twenty links of pipe, filled with soot, came suddenly down on the heads of the jurors, the litigants, the court and the counsel, when all beat a hasty retreat out of doors, and there was such
A.
RESIDENCE OF M. A. TATUM, OCHEYEDAN.
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HISTORY OF OSCEOLA COUNTY, IOH'A ..
a similarity in appearance, that it was hard to tell one from the other. They found out, however, what the trouble was, re-adjusted things and went at it again, but Blair's escape saved him from a fine for contempt. The case lasted all night, and at six o'clock the next morning, the jury were led off to a school house by Sheriff Lent for the purpose of delibera- tion, and were out some time before they returned, and when they did their verdict was for Wassmann. The court room for the purposes of the trial was Seymour Coyour's shack, and while the jury were out McCallum, Randall, McCausland and Webb "turned in," as the sailors call it, that is all four of them went to bed together, and while they were snoozing quietly, Blair appeared again and laid a hog's head carefully between Randall's head and McCallum's, which woke Mc up, and himself and what was left of the hog were staring at each other, for their countenances were in close proximity. The trial ended with a judgment for Wassmann, and then followed an execution to collect the costs. There was nothing in sight to levy on but some potatoes, and these were hardly in sight, for they were buried in a pit under ground. The Sheriff, however, armed with the usual process, went out to Garvy's place, took a man with him, and spent nearly a day digging into the frozen ground and finally into the pit, but the potatoes were missing. Upon a closer examination there was found to be another hole on the other side of the pit from where the Sheriff had excavated, where the debtor had stole a march on the expected execution, and removed his potatoes to other quarters.
Since writing the above, A. V. Randall denies the four in a bed, and the pig's head story so far as he was concerned, and states that he was a member of the jury.
In 1873 Charles Brannock who lived near the Ocheyedan and who was like most of the settlers, hard up for something to eat, had caught some kind of an animal, probably a musk- rat and after skinning it was cooking the carcass on a fire out of doors. In an unfortunate moment the prairie grass caught fire, and soon the fire was spreading in every direction. Brannock was arrested and bound over. He was allowed to remain at home to get bail, but the next day the fury of the people demanded his incarceration and Sheriff Douglass was ordered out with the necessary papers. In order that the arrest should be a complete success, quite an army volunteered to go along and did on horseback, armed with Winchesters, so that their going presented quite a body of cavalry and they
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HISTORY OF OSCEOLA COUNTY, ION'A.
soon reached Brannock's cabin and the terrified fellow was ordered to surrender which he did. He asked leave, how- ever, to go inside and change his clothes and once in, crawled out of a back window and by cautiously creeping at first and getting in the grass he made his escape. There were some who understood his condition of poverty and his peaceful and law-abiding disposition and who felt that while the act was a violation of the law, still it was not malicious nor intended; these wanted him to get away and we suspect that Douglass was one of them. They waited for his return in changed suit, and when sufficient time had elapsed, an investigation was made and it was found that he had escaped. Some one, a friend to Brannock, said that he just saw him going over the hill towards the south, and away went the cavalry flying after him; when that hill was reached the friend said he saw him going over the next one, and on went the horsemen in furious following, and thus for several miles they were led, and this with searching took up about the whole day. In the mean time Brannock had started north while the searchers were still searching he was safe in Minnesota, as only a few miles travel was required to get there.
D. D. McCallum's first case was before a Justice of marked morality, who was extremely harsh with criminals. His weakness was his veneration for veterans of the late war, all of whom he esteemed as unrewarded heroes. McCallum had fought four years. His client was a thief. "The only thing I can do for you," said McCallum, after having gained the man's confidence, "is to implore the mercy of the court. When you get on the stand tell the whole truth."
The man had stolen a cow, killed it, sold the hide and taken the carcass home to his family, which was really suffer- ing for the necessaries of life. The prosecution, with a long line of witnesses, had made a perfect case, and the brow of the Justice was draped in ominous frowns when the the pris- oner was called. The latter did as directed by his attorney, concealing nothing-from the almost starving condition of his wife and family to the dressing of the stolen beef.
" Now, your honor," said McCallum," the defense has no witnesses. My client is guilty. He has hidden nothing from this court. It is the first time he has ever transgressed the law. He was inspired to do wrong by that instinct we even admire in brutes."
Then, turning to the prisoner as if the fact had nearly escaped him, McCallum said :
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HISTORY OF OSCEOLA COUNTY. IOWA.
" By the way, you were a soldier in the late war, were you not ?"
" Yes, sir."
" Weren't you at Gettysburg ?"
" Yes, sir."
"So was I. And you were in other historic battles, fight- ing for your country, while your wife and family suffered at home ?"
" Yes, sir."
The prosecution at this point saw the way the case was drifting, and attempted to ridicule the "old soldier defense," as the prosecuting attorney named it.
The effect upon the old Justice was to arouse all his loy- alty and indignation.
" Enough of this," said he, bringing his hand down on the desk in front of him with a thundering thud. "No soldier, no man who shed his best blood for his country, not even if he be a criminal, can be reviled in my presence. The prisoner is discharged. And, sir, when you are suffering for the nec- essaries of life again, come to me."
The joke was too good to keep. McCallum one day told him the old soldier was an ex-Confederate; but never again did McCallum practice in that court.
COUNTY OFFICERS-1872.
Recorder
D. L. McCausland.
Treasurer
A. M. Culver.
Sheriff Frank Stiles.
Surveyor
M. J. Campbell.
Superintendent of Schools
Delily Stiles.
Auditor
F. M. Robinson.
Clerk of Court
C. M. Brooks.
J. H. Winspear.
Supervisors
Geo. Spaulding. H. R. Fenton.
1873.
Recorder
D. L. McCausland.
Treasurer A. M. Culver.
Sheriff J. H. Douglass.
Surveyor M. J. Campbell.
Superintendent of Schools
Delily Stiles.
Auditor F. M. Robinson.
Clerk of Court J. F. Glover.
RESIDENCE OF D. D. MCCALLUM, SIBLEY.
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HISTORY OF OSCEOLA COUNTY, IOWA.
Coroner
J. M. Jenkins. D. L. Riley.
Supervisors, until April 21
H. R. Fenton. Geo. Spaulding.
D. L. Riley.
Supervisors, after April 21 P. Dunton. B. F. Mundorf.
1874
This year there was no change in the offices of Recorder, Sheriff, Surveyor and Coroner. The other officers were as follows :
Auditor
W. M. Moore.
Treasurer
S. A. Wright.
Superintendent of Schools J. M. Jenkins.
A change of one in the Board of Supervisors-T. E. Perry in place of B. F. Mundorf.
IS75.
The officers of preceding year remained the same, except County Surveyor, H. G. Doolittle, and A. H. Brown, member of Board, in place of T. E. Perry.
IS76.
This year the county officers were as follows:
Recorder
D. L. McCausland.
Treasurer
Levi Shell.
Sheriff
John Douglass.
Surveyor
H. G. Doolittle.
Superintendent of Schools
C. L. Gurney.
Auditor
W. M. Moore.
Clerk of Court
J. F. Glover.
Coroner
Wm. R. Lawrence.
D. L. Riley.
Supervisors
O. Dunton, Ch'n.
A. H. Brown.
IS77.
The above officers remained the same, except the follow- ing changes :
Clerk of Court
W. J. Miller.
Recorder E. Huff.
Supervisor-C. W. Wyllys in place of O. Dunton.
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HISTORY OF OSCEOLA COUNTY, IOWA.
1878.
County officers were as follows:
Recorder
E. Huff. Henry C. Hungerford.
Treasurer
Sheriff
John H. Douglass.
Surveyor
M. J. Campbell.
Superintendent of Schools
Mrs. W. L. Parker.
Auditor
W. M. Moore.
Clerk of Court
W. J. Miller.
Coroner
W. R. Lawrence.
D. L. Riley.
Supervisors
Henry. C. Allen.
C. W. Wyllys.
1879.
The officers of 1878 remain the same, except the follow- ing change:
Supervisor-H. L. Emmert in place of D. L. Riley.
1880.
The only changes in county officers for this year were, Wm. R. Lawrence, Superintendent of Schools, in place of C. L. Gurney; W. H. Barkhuff, Coroner, in place of Lawrence, and Geo. S. Downend, Supervisor, in place of
1881.
The county officers of ISSI stood as follows:
Recorder
Mrs. C. I. Hill.
Treasurer
H. C. Hungerford.
Sheriff
-John H. Douglass.
Surveyor
M. J. Campbell.
Superintendent of Schools
Wm. R. Lawrence.
Auditor
W. M. Moore.
Clerk of Court
John S. Davison.
H. C. Allen. Robert Stamm.
Supervisors
Nicholas Boor.
William Mowthorpe.
Geo. S. Downend.
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1
I
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It will be noticed that this year the members of the Board were increased to five.
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HISTORY OF OSCEOLA COUNTY. IOWA.
IS82.
Recorder
Mrs. C. I. Hill.
Treasurer
Robert S. Hall.
Sheriff
Jacob B. Lent.
Surveyor
M. J. Campbell.
Superintendent of Schools
J. R. Elliott.
Auditor
W. M. Moore.
Clerk of Court
John S. Davidson.
Coroner
W. H. Barkhuff.
No change in Board of Supervisors.
ISS3.
There was no change this year in county officers from that of 1882, except H. G. Doolittle, Surveyor.
ISS4.
The changes this year from 1883 were: Auditor, J. S. Reynolds in place of W. M. Moore; HI. Neill, Coroner, in place of Barkhuff, and G. W. Barrager, Supervisor, in place of H. C. Allen.
1885.
County officers for the year were as follows:
Recorder
Mrs. C. I. Ilill.
Treasurer
R. S. Hall.
Sheriff
J. B. Lent.
Surveyor
H. G. Doolittle.
Superintendent of Schools J. R. Elliott,
Auditor
J. S. Reynolds. 1
Clerk of Court
W. H. Kimberly.
Coroner
1
H. Neill.
Supervisors
Wm. Mowthorpe, Ch'n. G. S. Downend. Geo. W. Barrager. Albert Romey. N. Boor.
ISS6.
The officers for this year remain the same as ISS5, with the following changes: W. J. Reeves, Superintendent of Schools, in place of J. R. Elliott; W. S. Webb, Coroner; C. P. Reynolds and Wm. Foster elected Supervisors in place of N. Boor and G. S. Downend.
7
RESIDENCE OF W. F. ALDRED, OCHEYEDAN.
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