USA > Iowa > Poweshiek County > History of Poweshiek County, Iowa: a record of settlement, organization, progress and achievement, Volume 1 > Part 16
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Captain J. W. Carr was a native of Logan county, Illinois, where he was born in 1839. When but seven years of age he had lost both his father and mother and a year later was brought to Poweshiek county by his uncle, Stephen R. Moore, and by his grandmother. This was in December, 1847. He became a farmer boy, received a common-school education, and two years of study at the Iowa College, of Grinnell. At the outbreak of the Civil war Carr enlisted in Company F, Tenth Iowa Infantry, as second lieutenant. Resigning in Feb- ruary, 1862, on account of ill health, he returned home, organized Company C of the Twenty-eighth Iowa Infantry, and was elected its captain. Just before muster out he was breveted major. Returning home, he engaged in the mercan- tile business and in three years thereafter was elected clerk of the court, serv- ing in that capacity three consecutive terms. During this time he studied law with Judge L. C. Blanchard and was admitted to the bar in February, 1877. He
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is still in active practice in Montezuma and has perhaps done as muchi business as any other attorney in the county.
Hon. D. H. Emery came here from Illinois soon after the war and entered the practice of law. After the removal of M. E. Cutts to Oskaloosa he asso- ciated himself with W. R. Lewis, the firm name being known as Emery & Lewis, which continued for several years, when Emery moved to Ottumwa, his present home, where he has made himself a very efficient and prominent lawyer. Mr. Emery represented Poweshiek county in the eleventh general assembly of the state.
Lucien C. Blanchard settled in Montezuma after the war, about 1866, began the practice of his profession and at once proved himself a very competent, able lawyer, although he then had had but little practice. He soon was elected county judge and was serving in that capacity at the time the circuit court was created in Iowa. The people of Poweshiek county thought he would make a good judge and a number of his influential friends went down to the convention at Sigourney and after a long fight nominated him. He was elected and served from 1869 to 1880. While on the bench, some time in the '70s, he moved to Oskaloosa. Judge Blanchard was born in New York in 1839, and coming west taught school for some time in Illinois. The year 1860 found him in Iowa reading law at Newton. When the Civil war broke out he became a member of Company K, Twenty-eighth Iowa Volunteers, and after eighteen months' service was dis- charged on account of disability. He then resumed his law studies in the Uni- versity of Michigan, graduating with honors in 1866. He then located at Monte- zuma. He died suddenly at his home in Oskaloosa, March 1, 1908.
Charles R. Clark was born at Plymouth, New Hampshire, December . 28, 1842. The first fifteen years of his life were passed on a farm, after which he entered Kimball Union Academy, from which he graduated in 1853. Several years were then consumed in teaching in various schools in New Hampshire, Massachusetts and Wisconsin, which carried him up to 1865, when he came to Scott county, Iowa, and taught in the schools at Le Claire one year. In 1866 Mr. Clark became a citizen of Montezuma and for twelve years was in charge of the schools there as superintendent. Part of his leisure time was devoted to reading law and in the spring of 1878 he was admitted to the bar. In May fol- lowing the law firm of Lewis & Clark was formed, which continued until Mr. Lewis was elevated to the bench. Upon the retirement of Judge Lewis from the firm Thomas A. Cheshire, now a prominent lawyer of Des Moines, entered into partnership with Mr. Clark. Mr. Cheshire became noted in his profession and is today one of the foremost lawyers of the state. After his removal to Polk county, he was returned to the upper house in the general assembly. The vacancy made in the firm of Cheshire & Clark was filled by the admittance of Charles W. Clark, a son of Charles R. Clark, who had received an ample education in Iowa College and was well equipped for the profession at the State University. The firm of Clark & Clark is now one of the prominent ones of the Poweshiek county bar.
John F. Talbott, of Brooklyn, is also an early lawyer of the county. He is of a large family, his father having several brothers who have always been prominent in affairs throughout this entire community. Judge Talbott was
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admitted to the bar when a young man and for most of his professional life has practiced in Poweshiek. He has proved himself worthy of his profession, an able lawyer, and is now one of the judges of the sixth judicial district, having begun his term on the bench, January 1, 1911. He is in his family relations perhaps the most happily situated lawyer in the county. His two sons, Frank and John, promising young lawyers, are taking care of the father's business while he is on the bench. They are both married and are taking up the duties of citizens in the very best manner.
H. E. Boyd, of Malcom, may be said to be one of the old lawyers, as he has been in the practice for many years. He is prominent and influential and has done a large part of the legal business in that "part of the county, ever since his admittance to the bar. He was the first county attorney under the present law, holding the office for one term and on the Ist of January, 1911, concluded his service of four years.
J. M. Goodson, of Montezuma, was for a time in partnership with E. E. Blanchard, who moved to Oregon, since which time Mr. Goodson has practiced alone. He is an active, able lawyer, and in politics a democrat.
T. A. Lane is in practice at Victor, Iowa county, a small part of which lies in Poweshiek. He may be accounted a Poweshiek lawyer, because he does a great deal of business in this county.
H. F. Morton, of Montezuma, is an old resident of the county seat and has practiced law there a great many years. He was for six years clerk of the district court, concluding his term in about 1908. For a number of years he has been justice of the peace and is considered by those who know him well to be one of the best and most upright men in the community.
Kenneth McAra, of Brooklyn, is in the practice there but confines most of his time to land deals and the management of his property.
In point of time mention should have been made of T. C. S. Walterhouse before that of a number of others in this article. He was a jeweler, or watch- smith, read law with Reuben Mickel, and was admitted to the bar at Montezuma. He afterwards formed a partnership with Mr. Mickel and C. J. Foster, the firm name being Reuben Mickel & Company.
LAWYERS OF GRINNELL.
Amos Bixby, from Maine, was the first lawyer in town-a lawyer-farmer. He was a man well equipped so far as his mental acquirements and college preparation was concerned, but never practiced his profession very much. He came to the county about the time of Grinnell's appearance here and was one of the Grinnell colony from the east. He was a good man, had the confidence and friendship of his neighbors and stood well among his fellow members of the bar but did not practice enough law to attain any prominence in the profession.
A BULLET SAVES HIS CROP.
Amos Bixby's first and most important case was in defense of himself against the stage company. At first the company drove across a corner of his land. In
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1855 he fenced it in and put in a crop. After the crop was up, the company's driver threw down the fence, drove across and left it down. He warned them. They continued the depredation. At length, armed with a gun at the entrance of the field, he waited for the stage. It came. He warned the driver again. Down went the fence again. When the team was on his ground, a bullet went straight from his gun; a horse in the lead dropped.
The next term of court met. The lawyer was on the defensive for that shooting. He said: "You need no witnesses. I committed the crime, if any crime has been committed. They threw down my fence and drove across my grain, growing for the support of my family. I asked them to desist. They paid no attention to my rights. They continued to trample down my crop and to leave it exposed to the cattle. There was only one way to protect myself. I took that way and it was successful. Every one of you would have done the same thing.
"Now, gentlemen of the jury, I am ready for your verdict." The verdict came-"No cause of action." One bullet saved his fence and his crop.
Mr. Bixby was a useful citizen in all respects, but passed on to Boulder, Colorado, and later went to the Pacific coast, where he died.
Samuel F. Cooper came in 1855, taught public school here one term, made out legal papers, dealt in land, was a member of the state board of education, was lieutenant colonel of the Fortieth Infantry in the Civil war, consul to Glas- gow, editor of Grinnell Herald, founder and president of the Merchants National Bank, and died in Campbell, while president of the Campbell Bank. He was active, efficient, successful and deservedly honored, although he paid little atten- tion to law.
A CASE OF "MILK SICKNESS."
Another case came into court requiring a man to receive punishment for drunkenness or to tell where he got the liquor he drank. He took a change of venue to Esq. Pearce, south of town. The ordinary evidence of drunkenness was presented by perfectly reliable witnesses. The defense called on several of the bystanders. These questions were asked each one:
First, "Have you heard the testimony in this case?"
The answer came from each, "I have."
"What was the matter with this man?"
Each answered promptly, "The milk sickness."
"Do you know the symptoms of that sickness?"
"I do."
The justice decided, "Not proven."
But that was the first and last case of "milk sickness" ever known in this county.
Robert C. Carpenter was the lawyer for the defense; the writer acted for the prosecution. The constable called on the prosecuting witness, C. D. Kelsey, for the costs. "Take what you can find," was his answer. He looked about and gave up the search. The costs have never been paid.
In another case liquor was stored in an unoccupied building which one could easily get under. One night the intoxicant leaked out through a hole, it was
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said, of a size that a good deacon's augur would make. The augur was never arrested for it.
The effect of its radicalism on the increase of the population of the town was illustrated by a homeseeker who visited the place. Seeing a man digging postholes on a farm, he asked the digger, "Do you own this land?"
"No."
"What kind of a town is this?"
"The d-dest place I ever seen. You can't get a thing to drink. I am goin' to git out."
He left. The inquirer became a valued citizen. The answers of the disgusted were eminently satisfactory to him, a more influential commendation than any words a satisfied resident could have used. He was pleased with the town "because of the enemies it had made."
J. B. Grinnell, who was an able and gifted man, had been admitted to the bar, but gave to his chosen profession, if that was the law, but little attention. On one occasion, however, so it is related of him, he took part in the trial of a case in Judge Blanchard's court, which gave rise to a very amusing incident ; at least, it so appeared to the sitting judge. In his argument to the jury, he soon seemed to forget that the purpose of his address was to convince the jurors, for he turned from them, and stepping on the witness stand, directed most of his address to the audience.
Another lawyer of that early day, whose residence was in Grinnell, may be mentioned Josephus Eastman. He seemed to be a very quiet man, slow in speech and action. He was seldom seen at the county seat and judging from appearances, he did but little business in his profession.
R. M. Haines, a native of Ohio, came from Iowa Falls, Iowa, in 1860, entered Iowa College, and graduated in 1865. After teaching school two years he returned to Iowa College, where he was employed as a tutor for two years. He then entered the law department of the State University and graduated in 1874, and began the practice of law at Grinnell. In 1877 he was sent to the state senate from the forty-fifth district, of which Poweshiek was a part. Early in the '70s a partnership was formed between Mr. Haines and J. P. Lyman, the latter now judge of the superior court of Grinnell. This association continued until Mr. Haines' death.
He was a candidate at one time for Congress. He was defeated, but called out for a speech after the vote was taken. Some who voted against him said that speech would have nominated him if he had delivered it first. His clear, strong voice and thought would have ensured him influence in Congress.
J. P. Lyman, junior member of the firm of Haines & Lyman, was a native of New York and located in Grinnell in 1860, where he at once entered Iowa College, from which he graduated in 1867. He then began teaching school at Davenport, following which he was a tutor in Iowa College from 1869 to 1870. In 1871 he graduated from the law department of Iowa State University and then joined his fortunes in the profession with R. M. Haines. Mr. Lyman has always taken an active and prominent part in the affairs of the county, has always been one of the safest and best of lawyers, and is now serving as judge of the superior court of Grinnell. In the twenty-eighth and twenty-ninth general
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assemblies, Judge Lyman represented Poweshiek county, and after the death of Mr. Haines made his son a member of the firm of Lyman & Lyman, which con- tinued until the senior member was elevated to his present position.
PEOPLE THINK HIM BUILT FOR A JUDGE.
Matthew Phelps was the senior member of the law firm of Phelps & Moer. He was a native of Illinois and came to this county in 1854. Mr. Phelps gradu- ated from Iowa College and also from the Iowa Law School. He also attended the Ann Arbor Law School in Michigan. He was admitted to the bar in 1867 and began a practice, which by his own unaided efforts, became large and lucra- tive. At one time he was local attorney for the Chicago, Rock Island & Pacific railroad. He died early.
David W. Norris was first known in the county as a schoolteacher. He became a member of the Poweshiek county bar early in its history, and a college education equipped him well for his chosen profession. Nature made him an upright, square man, with some corners that were rather creditable than other- wise. He had a fine legal mind, was clear and entertaining in his elucidation of a point at law, and when he really got down to it, was a good trial lawyer. Everybody trusted him and did so advisedly. He died suddenly while engaged in superintending the culture of some flowers.
Other members of the bar now practicing in this county are: A. C. Lyon, general attorney for the Spaulding Manufacturing Company, Grinnell; T. J. Noll, J. H. Patton, the present mayor of Grinnell; W. C. Rayburn, P. G. Norris, and Henry G. Lyman, of the firm of Lyman & Lyman; J. G. Shifflett and T. J. Bray, of the firm of Bray & Shifflett; Harold L. Beyer, George H. Crosby, all of Grinnell; Tom H. Milner, Belle Plaine; U. M. Reed, Brooklyn; Fred F. Thompson, Brooklyn ; T. J. Stafford, Brooklyn ; and R. J. Smith, of Montezuma. U. M. Reed is the present county attorney.
COURTS OF EARLY DAYS.
A brief though clear exposition of the courts of record of this county was given by the late Judge L. C. Blanchard, in a paper written by him in 1906, on the subject of "Law and Lawyers of Poweshiek County," to be read before the historical society. The following excerpts are here given :
"At the request of my old-time friend, Professor L. F. Parker, I have pre- pared this brief paper on the subject of 'Law and Lawyers of Poweshiek County Forty Years Ago':
"In June, 1866, or just forty years ago. I commenced the practice of law at Montezuma, being then just from the law school of Michigan University. At that time we had but one court-the district court, of which William Lough- ridge was then judge. The district was composed of seven counties, namely : Jasper, Poweshiek, Marion, Mahaska, Keokuk, Washington and Jefferson, and but two terms of court each year were held in Poweshiek county, these lasting from four days to a week. As some indication of the development of this. por- tion of Iowa during the forty years which have intervened (1906), it may be Vol. 1-10
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remarked that our district is now composed of five counties, Marion and Jeffer- son being attached to other districts, with three judges and four terms of court in each county, the terms of court lasting from one to two months each. The district judge was then contented with a salary of $1,300 per year. At the present time five counties of the old district pay three judges a salary of $3,500 a year.
"The coming of court, although the terms were brief, was quite an event, and lawyers in the district frequently followed the judge from county seat to county seat. The facilities for travel were then somewhat primitive, as there was no railroad at the county seat and but one in Poweshiek county, so that the lawyers frequently went from county seat to county seat on horseback. The cases were not very numerous and usually involved but a small amount of money. The population of the county was not much in excess of 5,000 people, and it is not strange that the sparsely settled county then supported only four or five lawyers. The names of the lawyers then residing in the county, as I remember them, were Josephus Eastman, of Grinnell, M. E. Cutts, D. H. Emery, J. W. Dalby and Otis Lizor, of Montezuma. W. R. Lewis had not yet been admitted to the bar, but was then acting as clerk of the court. I believe at that time there was no lawyer in Brooklyn or Malcom and but one in Grinnell."
CAME OUT OF THE BRUSH TO VOTE AGAINST HIM.
"The leading lawyer of the county was M. E. Cutts, then in his prime. Mr. Cutts was born in Vermont, but commenced the practice of law at Montezuma. He was a man of great ability and in after years became one of the foremost lawyers in southern Iowa, and indeed of the state. He removed from Monte- zuma to Oskaloosa about six months after my coming to the county and became the law partner of William H. Seevers. He was a clear-headed, keen and inci- sive lawyer. There were no fuss and feathers in the preparation of his cases for trial. He was seldom seen writing in the court room, or preparing his cases, but when the latter were reached, he always was ready. In cross-examination of a witness and in his arguments to the jury, he was aggressive and severe. This trait in his character often carried him beyond all rules of propriety and not infrequently aroused bitter opposition not only in the persons attacked but in the friends as well. In later years, and when he was a candidate for congress, Mr. Cutts realized what his mistakes had cost him. He once said to me that men who had been his opponents in a lawsuit and who had not voted in ten years took delight in coming out of the brush and voting against him. But in cases which required heroic treatment, as in uncovering and laying bare a case of fraud, or in exposing rascality, his incisive manner, his powerful analysis of the evidence, as well as his invective of speech in argument to the jury, made him almost invincible. He was a man of correct habits through life arid honorable in business transactions.
"J. W. Dalby was county judge and had an office in the court house. He had been admitted to the bar and the office of county judge did not prevent his prac- ticing as an attorney, as the jurisdiction of this office was confined entirely to probate matters. In addition to his other duties he found time to act as a land agent and in the trial of such cases as might come to him. The office of county
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judge was abolished January 1, 1868, and the probate business was first trans- ferred to the circuit court and afterwards to the district court.
"Otis Lizor was a man then about forty-five years of age. He was not at the time of which I speak admitted to the bar, but had a considerable practice in the justices courts. Such law as he possessed he had acquired in such practice. He was afterwards admitted to the bar and practiced for several years in the district court. As a speaker and as a pleader he was exceedingly prolix. Lack- ing the skill of a trained lawyer, he attempted to make up for it by the length of his pleadings. Being a fine penman, he seemed to endeavor to see how much irrelevant matter could be put in a pleading. However, he was genial, kind- hearted and benevolent, and his sudden death, while sitting in his office chair, was a great shock to the community.
"Of the attorneys who most frequently attended our courts forty years ago may be mentioned Judge Seevers of Oskaloosa, Judge Winslow and S. G. Smith of Newton, and H. M. Martin, then of Marengo, but later of Davenport. Mr. Martin was especially quite regular in his attendance and often assisted us younger members in the trials of our cases. His assistance was of great benefit, as he was a man of splendid ability and a model in his demeanor in court. Always calm and courteous to opposing counsel, he was especially kind and gen- teel to the court. This quartet of splendid lawyers are all now deceased. Mr. Martin met a tragic death, being crushed by falling rock, while climbing the mountains in Colorado."
CHAPTER XII.
THE PRESS.
THE COUNTY WELL AND FAITHFULLY SERVED BY ITS NEWSPAPERS-COMPARE FAVOR- ABLY WITH THE PRESS THROUGHOUT THE STATE-THE LINOTYPE AND OTHER MODERN LABOR SAVING MACHINERY IN USE-ORIGIN AND GROWTH OF THE VARIOUS PAPERS NOW PUBLISHED.
De Toequeville was not far wrong when he said that the pioneer in America plunged into the forest with an ax and a bundle of newspapers. It indicates the American love of the newspaper, but it fails to show how he longs for a news- paper that will keep him in touch with the living, ongoing world of the day and hour. His bundle of newspapers under his arm would soon grow old and dis- appear in his leaky cabin. He will welcome to his home any one who comes with news from the older states or his earlier home as eagerly as the old Greek welcomed the news-bringer from Corinth or Athens or the Archipelago.
But the first thing for the frontiersman is not to know who has landed in New York during the night, or who has started an incendiary fire in Charles- ton since yesterday morning. He must pound his own hominy, or get his flour from a far-away mill before he has his breakfast. His pantaloons are out at the knees and a deer must be killed to furnish him another pair before he devotes any time to reading anything.
Here the county was organized, townships formed and officers were chosen. More than 4,400 had become residents here, business was increasing rapidly, state and national politics were becoming interesting, Governor Grimes was talk- ing for free schools, the Little Giant in congress and Chief Justice Taney in the United States supreme court were creating friends and arousing opposition. We were stirred for the state and for the nation, and-we must have a newspaper !
In the spring of 1856 John Cassidy gave us
THE MONTEZUMA REPUBLICAN.
John Cassidy was a man of property, intelligence and character, made a good start, but sold out to A. M. Cowing the next year. A few months later Albert Head, now of Jefferson, Iowa, laid the foundation for a brilliant public career by becoming half owner of the paper. Mr. Cowing retired in 1859 and S. F. Cooper became "the senior partner," to aid in the election of Lincoln. He added
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snap to the Republican, until it was sold in 1862 to F. T. Campbell, who soon dropped his pen and seized the sword for service in the Fortieth Iowa Infantry in the Civil war.
From 1862 to 1872 the Republican was in charge of L. B. Besack and Springer, or W. C. Condit, or Grove and Pike, or Grove and Dalby, or Grove and Brother, or O. H. P. Grove, S. W. Grove and John W. Cheshire, or of Remsburgh and Grove.
From 1872 to 1877 John W. Cheshire was sole editor and owner and, at his death in 1877, his sons, Thomas and M. F. Cheshire, bought it of his estate and edited it until 1880, when Thomas withdrew and his brother continued it under the name of M. F. Cheshire & Company, carried it on until 1882, when George F. Lee entered the company. M. F. Cheshire continued hs connection with the paper till 1884, when W. C. McKee bought him out.
J. M. Jarnagin associated himself with McKee in the Republican, July 2, 1884, and their partnership continued till April 18, 1894, when Jarnagin became sole editor for nine years longer, until July 1, 1903, and the veteran editor of the Republican. He was succeeded by J. J. Adams, and then by E. E. Blanchard, who had the privilege of closing the first half century of the first paper pub- lished in the county with notes of jubilation, as follows :
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