USA > Iowa > Tama County > History of Tama County, Iowa, together with sketches of their towns, villages and townships, educational, civil, military and political history, portraits of prominent persons, and biographies of representative citizens > Part 40
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 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97 | Part 98 | Part 99 | Part 100 | Part 101 | Part 102 | Part 103 | Part 104 | Part 105 | Part 106 | Part 107 | Part 108 | Part 109 | Part 110 | Part 111 | Part 112 | Part 113 | Part 114 | Part 115 | Part 116 | Part 117 | Part 118 | Part 119 | Part 120 | Part 121 | Part 122 | Part 123
Nathaniel M. Hubbard, of Linn county, succeeded Conklin, being appointed by the Governor, November 15, 1865, and quali- fying on the first of December. He is still living in Cedar Rapids, and is one of the attorneys of the C. & N. W. R. R.
The next Judge of the Eighth Judicial District was Hon. James H. Rathrock, of Cedar county, who commenced his duties for Tama county at the February term of court in 1867. C. R. Scott was still dis- trict attorney. In 1870, the name of Wm. G. Thompson appears as district attorney. Judge James H. Rothrock was born in Pennsylvania in 1832, and at an
312
HISTORY OF TAMA COUNTY.
early day came to Iowa and located in Cedar county. In 1861 he was elected to the general assemby and in August of the following year he was appointed Lieuten- ant Colonel of the Thirty-Fifth Iowa. In the latter part of 1863, he resigned and re- turned home, engaging in the practice of law in partnership with Wm. P. Wolf, M. C. In 1866 he was elected to the bench of the Eighth Judicial District and was re-elected 1870 and 1874, the last time by the entire vote of both parties. In 1876, he was appointed by the Governor to the high office of Judge of the Supreme court, and resigned to accept the position. He is still a member of the supreme bench.
Colonel John Shane was the next Judge of this district, being elected in 1876. He held his first term in Tama county in Sep- tember of that year. There were also present at this term of court, Milo P. Smith, District Attorney; Robert E. Aus- tin, Sheriff, and C. J. Stevens, Clerk of court.
John Shane was born in Jefferson county Ohio, on the 26th of May, 1822, and was educated at the Jefferson college in Penn- sylvania. After graduating, he taught school for a few years in Kentucky, and then, returning to Ohio, studied law in the othice of E. M. Stanton, who has since been Secretary of War. Shane was admitted to the bar at Steubenville, in 1848, where he continued in the practice until 1855, when he removed to Vinton, his present home. When the rebellion broke out he enlisted as a private in Company "G," 13th Iowa Infantry; and on its organization was elected its captain. He was promoted Major, October 30, 1861, and soon after- ward made Colonel of his Regiment. After
the close of the war he returned to his home and resumed the practice of his pro- fession, which he continued until his re- election to the bench of the Eighth Dis- trict. Judge Shane is a large man, his weight generally being about two hundred and ten pounds. He has sandy hair-per- haps red-a florid complexion and blue eyes, looking out through a large, round, good natured face. When in good health he was of an easy, joyial nature, relished a joke and fond of good living.
Toward the latter part of Judge Shane's term of office his health failed, and a stroke of paralysis for a time made him mentally incable of filling the position. In the fall of 1882, the Republicans met in convention and again nominated him for the judgeship; but this action was recon- sidered and another convention was held by which James D. Griffin was nominated in his stead and was duly elected. A Dem- ocrat was elected for district attorney in the person of J. II. Preston, of Cedar Rap- ids, at the same time.
CIRCUIT COURT.
By an act of the General Assembly, passed and approved April 3rd, 1868, Cir- cuit Courts were established in this State, and each Judicial District was divided into two circuits, in each of which, at the gen- eral election in November, 1868, and every four years thereafter, a Circuit Judge should be elected. Four terms of court were provided per year in each county in the circuits. By this act the office of County Judge was abolished, and all busi- ness of a legal nature pertaining to that office was transferred to the Circuit Court, which was also to have concurrent jurisdic- tion with the District Court in all civil
6
HISTORY OF TAMA COUNTY.
313
actions at law, and exclusive jurisdiction of all appeals and writs of error from jus- tices' courts, Mayors' courts, and all other inferior tribunals, either in civil or criminal cases.
Tama became a part of the First circuit of the Eighth district upon the law cre- ating the circuit courts going in force. An order was issued by Judge James II. Rothrock, commanding that the circuit court should convene at Toledo for the year 1869, as follows : O'n the third Mon- day in January ; on the third Monday in April ; on the first Monday in August ; and on the third Monday in October.
Accordingly on January 18, 1869, the first term of circuit court convened at Toledo with Hon. William E. Miller on the bench. There were also present Knight Dexter, sheriff ; and L. B. Blinn clerk of court. Upon the calling of the venire the following jurors answered : John Ramsdell, George Reed, H. II. Wil- liams, Robert Wilkinson, Alonzo Rines, William Clark, John Flathers, P. W. Dumbauld, Samuel Edwards, E. Granger and T. A. Hopkins.
The first case which came up was en- titled Mary Manny vs. James W. Coburn and C. Sumner. It was settled.
As stated, llon. William E. Miller was the first circuit judge. He was elected in the fall of 1868, and served until he was appointed to the supreme bench of the State in 1870. Judge Miller was a native of Pennsylvania, coming to Iowa in 1852 and settling in Iowa City. At an early day he was judge of the district court of this district, and is noticed at length in that connection.
Succeeding him to the circuit bench
Hon. George R. Struble, of Toledo, was appointed to fill the vacancy, and began his duties in 1870, continuing in that capacity until the fall of 1872, when, owing to a press of other business, he resigned and W. J. Haddock was appointed his successor- Judge Struble made an excellent judge, logical, clear, prompt and impartial, giving the same universal satisfaction that has characterized his administration in what- ever position the people have placed him. Ile is at present Speaker of the House of Representatives of Iowa, and is treated at length elsewhere in this volume.
Judge W. J. Hladdock was succeeded by John McKean, of Anamosa, who assumed official duties in January, 1873. Four years later he was re-elected and served until January, 1881. Judge Mckean was a native of Lawrence county, Pennsyl- vania, born in July, 1835, being of Scotch- Irish descent. The family came to Iowa in 1854 and located in Jones county. Young Mckean returned to the east in 1856, and in 1859 graduated from the Jefferson College, Cannonsburg, Pennsyl- vania. Returning then to Iowa he com- menced reading law and was admitted to the bar in 1861 at Anamosa, where he at once commenced practice and still remains. He was a democrat until the civil war burst upon the country, and shortly after- ward from a war democrat became an out and ont republican, to which party he owes his repeated political honors. Prior to his election as judge he represented his county several times in the General Assembly. Judge MeKean is a tall, spare man, with dark hair, complexion and eyes. He was very well liked on the bench and was an
10
314
HISTORY OF TAMA COUNTY.
excellent equity lawyer. One peculiarity -or rather misfortune-remembered of him is that he usually had a stiff neck, and when he wished to look to the right or left he must turn his whole body.
In the fall of 1882 Christian Hedges was elected Circuit Judge, and is the pres- ent incumbent. ITis home is in Marengo, lowa county, where he has been practicing law for a number of years. Hle is a good lawyer, and makes a dignified and satis- factory judge. Ile is a large, portly man, weighing over two hundred pounds, and is a genial and pleasant conversationalist.
COUNTY COURT.
In 1851, by an act of the General As- sembly, county courts were established and the office of county judge created. By the same act the office of probate judge was abolished, as was also the offices of county commissioners, the du- ties of the county commissioners and pro- bate judge devolving upon the county judge. The county of Tama not being organized till 1853, it had no probate
judges or county commissioners. The first county judge to serve was John C. Ver- milya, and the first regular term of court was held at his house in October, 1853. Upon Judge Vermilya devolved the duty of perfecting the organization of the county dividing it into townships an such other work as was necessary to perfect a system of county government. Judge Vermilya was succeeded to the office by the following gentlemen, in the order given: Leander Clark, John Allen, T. F. Bradford, T. A. Graham and Maj. T. S. Free. During the latter's term of office the judgeship was abolished by law, and Mr. Free was made ex-officio county audi- tor. During the year 1861 the board of county supervisors was created, which took considerable business from the conn- ty judge. The proceedings of the county court will be found in connection with the chapter upon government, and sketches of the county judges in the chapter upon " representation."
CHAPTER IX.
THE BAR OF TAMA COUNTY
There is no subject connected with the history of the county, of more general in- terest than a faithful record of its bar. In reviewing the history of the bar, it must be borne in mind, that as the pros- perity and well-being of every community depends upon the wise interpretation, as well as the judicious framing of its
[ laws, therefore it must follow that a record of the members of the bar must form no unimportant part in the county's history. Upon a few principles of natural justice is erected the whole superstructure of civil law, tending to relieve the wants and meet the desires of all alike. The busi- ness of the lawyer is not to make the laws,
315
HISTORY OF TAMA COUNTY.
but to apply them to the daily affairs of men. But the interests of men are diver- sified, and where so many interests and counter interests are to be protected and adjusted, to the lawyer and the judge are presented many interesting and complex problems.
Change is everywhere imminent. The laws of yesterday do not meet the wants and necessities of the people to-day, for the old relations do not exist. New and satisfactory laws must be established. The discoveries in the arts and sciences, the inventions of new contrivances for labor, the enlargement of industrial pur- suits, and the increase and development of commerce, are without precedence, and the science of law must keep pace with them all; nay, it must even forecast the event, and so frame its laws as will most adequately subserve the wants and provide for the wants of the new condi- tions. Hence, the lawyer is a man of to- day. The exigencies he must meet are those of his own time. His capital is his ability and his individuality. He cannot bequeath to his successors the character- istics that distinguished him, and at his going, as a general thing, the very evi- dences of his work disappear.
Anthony Thornton, President of the Il- linois State Bar Association, in 1878, in an address before the association, thus speaks of the lawyer: "In the American State the great and good lawyer must al- ways be prominent, for he is one of the forces which move and control society. Public confidence has generally been re- posed in the legal profession. It has ever been the defender of popular rights, the champion of freedom, regulated by law,
the firm support of good government. In times of danger it has stood like a rock and breasted the mad passions of the hour, and firmly resisted tumult and fac- tion. No political preferinent, no mere place, can add to the power or increase the honor which belong to the pure and educated lawyer. The fame of Mans- field and Marshall and Story can never die. 'Times' iron feet can print no ruin- trace ' upon their character. Their learn- ing and luminous exposition of our juris- prudence will always light our pathway. It is our duty to preserve the prestige of the profession. The past, at least, is se- cure; the present and future summon us to action. With the progress of society and the increase of population, wealth and trade, varied interests arise, and nov- el questions requiring more thought con- front us. A disregard of the law has been developed, crime meets us unabash- ed, and corruption stands unmasked in the high places of the land. It is no fancy picture that the law has, to some extent, lost its authority, and it is only the shade of that which once was great. Hence, new duties are imposed and a firmer conr- * age is required. *
The exaltation of the profession is a duty enjoined upon us. It is a debt which only death.can discharge. Lord Bacon bas said: 'Every man is a debtor to his pro- fession, from the which, as men of course do seek to receive countenance and profit, so ought they of duty to endeavor them- selves, by way of amends, to be a help and ornament thereto.' Every lawyer is a debtor to his profession. If worthy, it gives him an honorable character and
316
HISTORY OF TAMA COUNTY.
high position. The lawyer should prize and love his profession. He should value its past renown, and cherish the memory of great men whose gigantic shadows walk by us still. Ile should love it for the intrinsic worth and innate truth of the fundamental truths which adorn it.'
THE BAR OF THE PAST.
The bar of Tama county has numbered among its members some who have been an honor, not only to the county, but to the state as well. So far as material was accessible, sketches are given of each at- torney who has practiced before the courts of the county. If any are omitted it is be- cause their names have been forgotten, and not from intention. The peculiarities and personalities which form so pleasing and interesting a part of the lives of the members of the bar, and which, indeed, constitute the charm of local history, are in a great measure wanting. Unlike the fair plaintiff in the famous Bardell es. Pickwick, we have no painstaking “ser- geant to relate the facts and circumstances of the case."
Of those attorneys who resided in the county at one time, and are now either dead or have quit practice, or gone, the historian will speak first. Later, of the present bar.
Among those who have practiced before the courts of Tama county and who have been resident lawyers, were the following: Alford Phillips, Timothy Brown, Mr. Johnson, Isaac L. Allen, Noah Levering, T. Walter Jackson, Nathan C. Wieting, Charles J. L. Foster, Eugene B. Bolens, Paul Queal, Albert Stoddard, T. F. Brad- ford, John G. Safely, Charles H. Craw-
ford, G. II. Goodrich, Homer S. Bradshaw, William Reiekhoff, Michael Aunist, George Raines, Charles R. Appelgate, Thomas S. Free, J. ,W. Stewart, Mr. Bangs, Mr. Crafts, W. L. Crozier, C. E. Hibbard, E. M Doe, George W. Stinson, G. P. Griswold, Randolph & Hotchkiss, Captain J. G. Strong, A. Branaman, Mr. Dougherty, Mr. Townsend, Frederick & Hartshorn.
About the first attorney to locate in Tama county was Alford Phillips, who came here in the fall of 1853 and located upon a farm near the present site of Tole- do. He was a native of New York, quite an intelligent man, and was the second prosecuting attorney of Tama county. Ile still lives in Toledo.
Timothy Brown, who was among the most successful of Tama county's early lawyers, was born near Cooperstown, Otsego county, New York, on the 27th of December, 1827. When Timothy was four years of age, his parents removed to Un- adilla, on the Susquehanna river, where he shared the advantages of winter schools, and after his majority, was for three terms a student of the Unadilla Academy. At the age of twenty-one he became a law student in the office of Hon. J. C. Grego- ry, of that place, now of Madison, Wis- eonsin. After two years study he enter- ed the office of his uncle, Elijah Brown, of Milford, New York. At the end of a year his uncle moved to New York City, and Timothy having been admitted to the bar, opened an office and began his pro- fessional career. In the spring of 1855, closing his business in Milford, he moved to the west and settled in Toledo, Tama county, lowa, where he practiced law; a
317
HISTORY OF TAMA COUNTY.
portion of the time being in partnership with Isaac L. Allen. In 1857, he removed to Marshall county. In the county seat excitement, he took an active part, and just before the county seat was perma- nently located at Marshalltown, he re- moved to that place and there still remains. As a lawyer, Timothy Brown has been de- cidedly successful, and is considered one of the best attorneys in this part of the State. His great forte lies in the way he works up a case, and brings out the details ; he is a good jury lawyer, but is slow to answer a sharp hit by an opposing attor- ney, usually paying no attention, and pushing right n with his case. Mr. Brown is something above medium, in stature, standing six feet in height and weighing about one hundred and eighty-seven pounds. Politically, he is a Republican.
A good story is told of Brown by the old settlers, which will serve as an indiea- tion as to the color of his hair when he came here. In February, 1856, he, in com- pany with Dr. P. L. Baldy, and P. L. Willey, procured horses and dogs, and started out for a wolf hunt, through the Jowa river and Salt Creek bottoms. Wolves were plenty, and it was not long until three were scared up and away went the bold hunters, horses, and dogs in hot pursuit. Tim's horse was a superior ani- mal to those ridden by his companions and he was rapidly distancing them. They crashed over the prairie, up hill and down hill, and through the bottom land of Pla- quemin Creek, with terrific force. Brown was some distance ahead and was gaining at every step ; his stirrups were flying, and he was hanging on for dear, life, while his waving hair furnished a beacon for those
in the rear. Suddenly-when he was about a mile east of the present site of Chel- sea-his horse made a lunge and with a crash went down back-deep into one of the treacherous sink-holes of the Plaquemin . bottoms, while Brown went flying right over the horse's head and into a hole a few feet in advance! The others rapidly came up and pulled Tim out and then with difficulty, extracted the horse. Neither was seriously hurt, Tim mounted and again they set out for the wolves, but soon found that they had got away, and the hunters gave up the chase. When they returned to Toledo, the news of the esca- pade got out and the people began con- gratulating themselves, saying that as "Tim had struck head first, it was lucky there was a heavy coat of snow, as it would surely have set the prairie a fire." Tim's head of hair-like Albany, New York-was " forty miles from Auburn.'
An attorney named Johnson, located in Toledo in the early spring of 1855 and re- mained for a few months. He was a young man probably 26 years old, and a fine looking fellow. He had been admit- ted to the bar previous to coming here, and was a well read, and capable man, a lawyer of good ability. There was but little bus- iness to do here, and he did not even make enough to pay his board. Finally becom- ing discouraged he took his earthly pos- sessions in his grip-sack and quietly walked out of town leaving his bills unpaid. Hle afterwards wrote to Col. John Connell, stating that he was sorry he had to do it, but he " could not bear to eat other peo- ple's bread and molasses so he left." Just as he was leaving the place he was met by Dr. Baldy, who
318
HISTORY OF TAMA COUNTY.
remarked jokingly : "Hello ! running away ?" "Oh! no," he replied, blushing. considerably and went on. As time went by and he did not turn up, the people came to the conclusion that that was just what he had done, although when the doctor spoke to him, such a thing as its being true was the fartherest from his mind. [There has been some controversy as to the name of this lawyer, but a majority of the early settlers agree that it was John- son.]
Isaac L. Allen was one of the most able attorneys who have honored the bar of Tama county. Ile was a native of Ver- mont, but came to Tama county from Marion,-where he had been in practice for a short time,-in the fall of 1855. Ile was a single man at the time, but was married in the summer of the following year. He at once opened an office, and in partnership with Timothy Brown, com- menced the practice of law. He was well posted, a graduate of the Albany Law school, and also a classical graduate of some eastern college. He had a good share of the business of early days, and was very successful. In 1858, he was elected district attorney, was re-elected in 1862 and served until elected Attorney General of Iowa in October 1864. During this year his health failed and in January, 1866, he was obliged to resign his office on account of softening of the brain. In the fall of 1865, he purchased property in Marion, and removed to that place. He rapidly grew worse and was finally placed in the Insane Asylum where he died in December, 1868. ITis partnership with Timothy Brown, continued until Brown went to Marshalltown in 1857, from that
date until 1863 he was alone in business. In 1863 he and George R. Struble, formed a partnership which continued until he re- moved to Marion. Soon after his death his wife returned to New York. Isaac L. Allen was an excellent lawyer, both in office and before a jury, perhaps the latter was his great lever of success. He was a good speaker, and had a strong argumen- tative and logical mind. Before a jury he was perfectly at ease, and in pleading drew vivid and practical illustrations.
Noah Levering came to Tama county in the spring of 1856 located at Toledo, and was among the first attorneys in the coun- ty. He was a native of Ohio, had a fair education and was admitted to the bar after his arrival in Toledo. He made a first-rate lawyer, and had his share of the business. Hle remained a few years and then went to Sioux City where he still lives.
T. Walter Jackson came to Toledo in April, 1856, in company with Nathan C. Wieting. Being both ad- mitted to the practice of law, they at once formed a partnership and opened an office Jackson was a native of West Troy, New York, and was about twenty-two years of age at the time of coming here. Ile and Mr. Weiting had been school acquaintances in a New York seminary. Jackson was one of the most eloquent and brilliant orators the State has ever possessed and certainly the county has never had his equal. He was well posted, especially in history, a good judge of human nature, and had that wonderful power of word-painting which would carry an audience with him, almost breath- less. His influence over an audience was
319
HISTORY OF TAMA COUNTY.
something remarkable; his logical and eloquent flights would hold his hearers spell-bound and speechless,until reacbing- the elimax, when, after a moment of pain- ful silence, the pent-up feeling burst with the wildest applause. He built up a very extensive practice and became very poput- lar in the new country. In 1857 he was elected to represent his district in the Leg- islature, and was recognized as the most able and powerful orator in that General Assembly. When the war broke out Mr. Jackson enlisted and served for a short time. In a few months he returned to his old home in West Troy, New York-hav- ing been married while here-and engaged in practice there. Ile was afterward an attorney in some of the largest and most important cases in Albany, New York. lle continued in his profession until the time of his death, which occurred in 1870. As a lawyer, T. Walter Jackson was bold, logical and self-reliant, and his power be- fore a jury was almost unlimited. To show how he was held by the bar: On one occasion while he was yet a young man, he was employed for the prosecution of a murder trial which had been trans- ferred from this to Johnson county. His opposing counsel-for the defense-was I. M. Preston, who was conceded to be one of the leading attorneys in this part of the State. Preston, in speaking of the case afterward said that, he made his plea one upon which he devoted all his talent and energy, and considered it one of the best efforts of his life. After finish- ing, he turned the jury over to Jackson and took a seat outside the room. Jack- son began, and in a few moments, as Mr- Preston said, "The audience began to
crowd toward the railing ; I heard Jack- son and got up and went inside the bar. I never heard such eloquence! My argu- ments dwindled into insignifieance and I saw the case passing beyond my reach. It was the most able plea I ever heard." This is a sufficient eulogy to Mr. Jaek- son, and he was all that it implied. IIad it not been for the fault that has ruined so many great men, he might, years ago, have occupied the highest position in the gift of the people of the State.
Nathan C. Wieting became a member of the bar of Tama county in the spring of 1856, and his residence in Toledo has been continued since that time, although he has not been actively engaged in the profession. Nathan C. Wieting is a na- tive of Otsego county, N. Y., born June 8, 1828. Ilis parents were John C. and Katie C. (Planck) Wieting, both of German descent. His grandfather was a soldier in the war of the revolution; his father was a farmer, who was also born in New York, and who died in March, 1874, at the advanced age of 74 years. His mother died in February, 1853, at the age of forty-five years. Nathan C. was the oldest of a family of nine children, seven of whom are still living, having lost one brother in the war of the rebel- lion. Three of the family, beside him- self, are in Iowa, P. G. Wieting, in Tole- do, Mrs. Arena A. Sewell, at Dennison, and Mrs. Lucinda M. Tipple, at Manches- ter, Iowa. Nathan was brought up on his father's farm having the advantage of dis- triet sehools until nineteen years of age, when he struck out for himself, and began teaching in the winter and attending a
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.