USA > Iowa > Wapello County > History of Wapello County, Iowa, Volume I > Part 20
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Dr. J. C. Ware was the first physician to reside in Wapello County. He came to this county from Fairfield and then moved back to Fairfield where he died some years ago.
Dr. C. C. Warden came to Ottumwa in 1843, and was the first physi- cian to make Ottumwa his permanent home. He was a successful, com- petent physician and practiced medicine until his health was impaired by reason of rheumatism contracted by a hard night's ride after which time he ceased to practice medicine and went into the dry-goods business.
Doctor Phelps moved to the Indian Agency near the present city of Agency and resided there for a time.
Doctor Hackelman also came to Agency in 1843 and remained a short time.
Doctor Heuvel, a Hollander, a peculiar and eccentric character, prac- ticed for many years in the county and was known as the old Dutch Doctor.
Doctor Cunningham located near Dahlonega about 1843. He was a man of ability and afterwards moved to Knoxville where he practiced for many years.
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Dr. A. B. Comstock came to this country from Ohio in 1837 and set- tled at Bentonsport. In 1843 he moved to Richland and there practiced medicine up to 1865 when he retired.
Dr. Wm. Ross settled in Eddyville and practiced there several years.
Doctor McClintock settled in Dahlonega in 1844 and practiced a few years and then went West.
Dr. V. C. Coffin came here in 1846 and settled in Ottumwa where he practiced a number of years.
Dr. George Wright came in 1848. Doctor Wright was an able man and was a man of high temper. In a quarrel over a land claim he was shot and killed.
Dr. A. D. Wood was a native of New York. He came to Ottumwa in 1850 and lived here until his death in 1862. He was at the head of his profession in this part of the state and was especially proficient in surgical work. He is said to have been a prompt, energetic surgeon.
Dr. J. L. Taylor, after moving to Ottumwa in 1853, practiced medicine for four years. `He bought out a small drug store, which had been estab- lished by Dr. W. L. Orr, to which he afterwards gave his whole time and which developed into J. L. Taylor & Company, wholesale druggists.
Dr. S. Smythe came here at an early day, then established his prac- tice in Denver, Colorado.
Dr. L. D. Morse came from New Jersey and after practicing several years went to St. Louis.
Dr. D. W. Stuart came in 1866 and practiced about ten years. He was an able man and a member of the city council and afterwards county sheriff and took great interest in the civic affairs. Afterwards he moved to California.
Dr. G. F. Foster practiced five or six years from '68 to '73 and then moved to St. Louis.
Dr. Wm. Fuller practiced for some time, then moved to Indianola.
Dr. James Carter began to practice here in 1880. He was raised in Wapello County, came from a pioneer family, and afterward moved to Omaha where he took a chair in Omaha Medical College.
Dr. J. C. Hinsey enjoyed a large practice in Ottumwa and the country surrounding. He came to Dahlonega in 1854 and to Ottumwa in 1861, and practiced there until his death in 1892. He was a prominent Mason and a good citizen. He was at one time president of the State Medical Society.
Dr. E. L. Lathrop was an active and ready man of good surgical skill. He was born in New York in 1844 and came to Ottumwa in 1871. He had been in the Civil war as assistant surgeon of the Tenth Illinois Infantry. He died very suddenly in 1891 at the early age of forty-seven years.
One of the best known medical men of Wapello County was Dr. Seneca B. Thrall, a native of Ohio. He came to Ottumwa in 1856 and practiced
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from that time until his death in 1888. He was a man of pre-eminent ability, had high attainments in medicine and was also well versed in general scientific knowledge. He was president of the Iowa State Medical Society in 1869. He was a member of the board of trustees of the Iowa Institution for Feeble Minded at Glenwood and took great interest in furthering the welfare of the institution.
Dr. J. Williamson was a man of learning and was always a hard stu- dent. He was of kindly disposition and courteous bearing. He came to Ottumwa in 1852, and resided here until his death in 1904. He performed a successful ovariotomy in 1872, somewhat of an accomplishment at the time as the principles of antiseptic surgery were not then understood. He was successful not only as a physican and surgeon but also in a finan- cial way. In this latter respect he was an exception to the physicians of the county in general, as most of the medical men of this county failed to accumulate much of anything. Doctor Williamson was twice president of the Iowa State Medical Society and was for years a leader in the county society.
Dr. C. G. Lewis was a man of genial disposition. He had an endless fund of good stories and seemed to have one for every occasion. He had been assistant surgeon of the Thirtieth Iowa Infantry. He came to Ottumwa in 1866 and practiced continuously until his death in 1900.
Dr. T. J. Douglas also practiced in Ottumwa for a number of years and was especially proficient in cases of obstetrics.
Among those who practiced during parts of the period from 1870 to 1905 were: Dr. D. L. Hubbard, Dr. J. W. Nichols, Dr. S. C. Mccullough, Dr. S. R. Mitchell, Dr. B. F. Hyatt, Dr. S. E. O'Neill, Dr. E. C. Pyle, Dr. C. H. Philpot, Dr. R. S. Gilchrist, Dr. C. D. Powell, and Dr. Alice M. Stark.
Dr. L. J. Baker was a native of Pennsylvania. He came to Ottumwa about 1881 and practiced until 1910 when he removed to Montana, dying there shortly afterward. He was a man of fine attainments and in many ways pertaining to medicine was in advance of his time.
Dr. D. A. La Force came to Agency City in 1871, and after building up an extensive practice there, came to Ottumwa in 1885. He died in 1912. He had been surgeon of the 56th Colored Infantry, and was in charge of the department hospital at Helena, Arkansas, and medical direc- tor of the Department of Eastern Arkansas. He was a man of more than ordinary ability and was at one time mayor of Ottumwa and a member of the general assembly of the state.
Dr. B. W. Searle was a man who stood well in the profession and had many friends. He was a man noted for his even temper and kindly dis- position. He commenced to practice at Dahlonega in 1869 and after- wards moved to Ottumwa in 1880 and continued in active practice till his death in February, 19II.
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Dr. Wm. Blauw was a man of good education and located in Ottumwa for a number of years. He was a German and for some reason did not succeed well in obtaining a large practice.
Dr. E. M. Arenschield located in Eldon, and afterwards at Ottumwa. He is now residing and practicing in California.
Dr. M. H. Sprague practiced in Eddyville, and then came to Ottumwa.
At Eldon Dr. J. W. La Force, Dr. R. W. Heuston, and Dr. Wm. Brown- field practiced for a number of years. At Agency were Dr. L. M. Davis, Wm. Hilton, Eli Sage, Samuel Johnson and Dr. Chas. Best.
During the '6os Dr. A. C Olney was the leading physician of Chilli- cothe. He was followed by Dr. A. K. Berry who had a heavy practice in Chillicothe for a number of years and afterwards moved to Kansas.
At Kirkville Dr. Wm. Abegg, J. H. McCune, and Dr. D. C. Dinsmore practiced very successfully.
Dr. G. M. Cowger practiced at Competine for about thirty years and had a large country practice.
The Wapello County Medical Association was organized in 1853 by Drs. C. C. Warden, J. Williamson, W. L. Orr, J. W. La Force, A. D. Wood and A. R. Weir. The president was Dr. C. C. Warden, vice presi- dent Dr. A. D. Wood, and secretary Dr. J. Williamson. The association became defunct but was reorganized in 1870, with Dr. W. L. Orr, presi- dent ; Dr. T. J. Douglas, vice president ; and Dr. J. Williamson, secretary. The officers and members of the County Medical Society for 1914 are: Dr. E. G. Barton, president; Dr. E. B. Howell, vice president ; Dr. J. F. Herrick, secretary. The. members are as follows: E. Anthony, W. E. Anthony, E. L. Bay, M. Bannister, J. C. Box, D. C. Brockman, E. T. Edgerly, J. W. Elerick, D. E. Graham, Wm. Hansell, S. L. Hauck, Clyde A. Henry, W. J. Herrick, C. E. Huband, J. A. Hull, D. A. Jay, J. C. Kep- ler, E. J. Lambert, W. B. La Force, B. D. La Force, F. M. MacCrea, Eppie MacCrea, Donald McElderry, F. W. Mills, W. C. Newell, F. W. Newell, D. T. Rambo, C. S. Reed, R. T. Shahan, E. A. Sheafe, C. T. Slavin, S. A. Spilman, A. M. Tait, Maude Taylor, L. Torrence, F. E. Vance, H. W. Vinson, A. O. Williams, J. B. Wilson.
Several physicians in active practice who are not at present members are: Margaret B. Mills; J. O. Murphy, Eldon; A. W. Slaught ; S. H. Sawyer, Eldon.
It is a long look from the conditions of '43 to the conditions of the present day. Now the city man or farmer steps to his telephone at any hour of the day or night and calls the doctor. In a few minutes with the present good roads the doctor is able to make the trip by team or auto. Wapello County has one of the most efficient medical societies in the state. Meetings are held regularly every two weeks during the entire year, except during the very hot weather of summer. The meetings are called at 7.30 P. M., and have been held for many years past in the office of Dr. A. O.
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Williams on Court Street. Dr. Williams has always donated the use of his waiting room, which happens to be larger than the waiting room of any other physician of Ottumwa. A regular program is made out at the beginning of each year and topics are assigned to the several members of the society in advance. The program each year is a systematic study of some particular branch of medicine or surgery. For instance: one year the program will consist of the study of the most efficient and useful drugs. The next year the program will consist of the diagnosis of a certain class of diseases, etc. For many years past Dr. J. F. Herrick has been secretary of the society. The success of the meetings has largely been due to his skill in organization and his untiring energy and fidelity in seeing that the program is properly carried out. In 1894 the Ottumwa Hospital Associa- tion opened on East Main Street their first hospital. The opening of this hospital marked a new era to the medical profession in Wapello County. It is true that the Sisters of Humility of Mary had previously operated a hospital on Court Street for a few years but this hospital was not of suffi- cient size and the financial burdens were so heavy that it was discontinued. The Hawkeye Hospital was established in 1894 and was conducted by Drs. A. O. Williams, W. B. La Force, B. D. La Force and C. H. Phil- pot. This hospital was also discontinued after four or five years. The opening of the Ottumwa Hospital greatly stimulated the interest in sur- gery. The efficient superintendent, Miss Elizabeth Trotter, who was placed in charge, is still superintendent. The hospital has grown and has twice moved to larger quarters and is now located on the corner of Second and College streets. In February of the current year 1914, the Sisters of Humility of Mary opened St. Joseph's Hospital in the building formerly used by them as a convent. This hospital is a well conducted institution and is meeting with success. A helpful comradeship of mutual interests in each other's welfare has largely contributed to the steady advance of the members of the County Society and has been a great advantage to the people served by them. Any unusual or especially interesting case is generally made known by the attending physician to his comrades and studied by them. Enmities and harmful rivalries among physicians have been rare. As a consequence, the general tone of the medical pro- fession of Wapello County has been raised from year to year.
CHAPTER XIX
THE BENCH AND BAR
Iowa has an interesting territorial history. By an act of Congress, approved June 28, 1834, the Iowa country was attached to the Territory of Michigan. On April 20, 1836, it was made a part of the original Territory of Wisconsin, and two years later, on June 12, 1838, Congress passed an act establishing the Territory of Iowa. After eight years of territorial existence, Iowa was admitted to the Union as a state on December 28, 1846.
There really was no judicial districting of the Iowa country during the two years that it formed a part of the Territory of Michigan. However, on September 6, 1834, by an act of the Legislative Council, the territory lying west of the Mississippi and north of a line drawn due west from the lower end of Rock Island to the Missouri River was organized into the County of Dubuque. The territory south of this line was organized as the County of Des Moines.
Moreover, section three of this act of the Legislative Council of the Territory of Michigan provided that "a county court shall be and hereby is established in each of the said counties;" while section six declared that "Process, civil and criminal, issued from the Circuit Court of the United States for the County of Iowa, shall run into all parts of said counties of Dubuque and Des Moines," and shall be served by the sheriff or other proper officer, within either of said counties; writs of error shall lie from the Circuit Court for the County of Iowa, to the County Courts estab- lished by this act, in the same manner as they now issue from the Supreme Court to the several county and circuit courts of the territory.
Thus it will be seen that during the Michigan period the Iowa country formed an area which was subject to the jurisdiction of the Circuit Court of the United States for the County of Iowa.
Section nine, of the Organic Act, establishing the original Territory of Wisconsin, made provision for dividing the territory into three judicial districts. Accordingly, among the first acts passed by the first Legislative Assembly was one entitled "An Act to establish the judicial districts of the Territory of Wisconsin, and for other purposes." By this act the counties of Dubuque and Des Moines were constituted the second judicial dis- trict, and Judge David Irwin, of the Supreme Court of the territory, was appointed district judge. During the Wisconsin period, therefore, the Iowa country formed a distinct and independent judicial district.
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The first act of the Legislative Assembly of the Territory of Iowa, relative to judicial districts, was one entitled, "An Act fixing the terms of the Supreme and District Courts of the Territory of Iowa, and for other purposes," approved January 21, 1839. This act divided the territory into three judicial districts.
On February 14, 1844, "An Act to form a Fourth Judicial District" was approved. This act provided, "That if Congress should pass a law granting to this territory an additional judge or justice of the Supreme Court of said territory, then and in that case, the counties of Jefferson, Davis, Wa- pello, Keokuk and Mahaska, shall constitute the fourth judicial district of this territory." It does not appear, however, that Congress passed any such law; and consequently no fourth judicial district was established during the territorial period.
The first Constitution of the State of Iowa contains the following pro- visions in section one of article six, which treats of the judicial department : "The judicial powers shall be vested in a Supreme Court, District Courts and such inferior courts as the General Assembly may, from time to time, establish." The last clause in section four of the same article reads: "The first session of the General Assembly shall divide the state into four dis- tricts, which may be increased as the exigencies require." In pursuance thereof the third district of the four created was made up of the counties of Van Buren, Jefferson, Davis, Wapello, Keokuk, Mahaska, Marion, Mon- roe, Appanoose and the counties west of the counties of Marion, Monroe and Appanoose.
Wapello remained in the third district until after the adoption of the present Constitution in 1857, when, under a provision therein the General Assembly passed, in March, 1858, "An Act creating eleven judicial districts and defining their boundaries." Under this rearrangement Wapello, with Van Buren, Davis, Monroe, Appanoose, Lucas and Wayne, was placed in the second district, and has remained there to this day.
FIRST TERM OF DISTRICT COURT
The date for holding the first term of the Wapello County District Court was set for September 16, 1844, the assignment falling to Judge Charles. Mason. The place for holding the initial session of the tri- bunal was a log cabin that stood on the lot now occupied by the First National Bank. H. B. Hendershott was clerk of the court, which was opened on the part of both the United States and Territory of Iowa, and his first entry, which was made in a record book composed of "a half quire of foolscap paper, stitched together with white thread and covered with a very coarse kind of paper," reads as follows :
"And now, on this day, to wit the 16th of September, A. D. 1844, the day on which, according to law, the District Court of the United States,
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within and for the County of Wapello, and Territory of Iowa, was to have begun and held its first September term, at the Court House, in the county seat of said county. There being no judge present, the time for the commencement of said court is adjourned until 9 o'clock tomorrow morning.
"Tuesday morning, 9 o'clock, September 17, 1844 .- And now, on this day there yet being no judge present, the time for the commencement of said court, is further adjourned until tomorrow morning.
"And now, on this day, to wit : Wednesday, September 18, 1844, being the adjourned day for the beginning of the September term of the District' Court of the United States for the County of Wapello and Territory of Iowa. Present, the Hon. Charles Mason, judge."
The venire, which had been returned on the 16th of September, was examined by the court, who found that the following named persons had been summoned to serve as grand jurors :
FIRST GRAND JURY
James Weir, George W. Knight, Seth Ogg, Robert H. Ivers, Thomas Pendleton, Henry Smith, William Brim, Lewis F. Temple, John Humphreys, Martin Fisher, Paul C. Jeffries, John Fuller, Finley Lindsey, William Pritchell, William C. McIntire, John Clark, James R. Boggs, John Kirk- patrick, John Murray, Isom Garrett, Shannon Hackney, Philaster Lee, and Thomas Wright, five of whom, to wit, Robert H. Ivers, Martin Fisher, John Fuller, John Clark and John Kirkpatrick, on being called, answered not.
The panel was ordered to be completed, whereupon Sheriff Hayne added William A. Winsell, Peter Barnett, Richard Fisher and Jacob Hackney to the list. James Weir was foreman and the jury was placed in charge of George B. Warden, who had been appointed bailiff. The inquisitorial body found a true bill against Joseph S. Hendricks for larceny. He pleaded not guilty to the charge and gave bail to appear at the April term in 1845. The case was continued to the September term and then quashed by the district attorney.
The attorneys in attendance at the first term of court were: J. C. Hall, of Burlington; I. W. Lewis and James H. Cowles, of Keosauqua, and George May and W. H. Galbraith, of Ottumwa. On the last day of the term, H. B. Hendershott tendered his resignation as clerk and John W. Ross was appointed to the office, the judge having that discretionary power.
The first judicial proceeding of this court, which was opened on the 18th day of September, 1844, by the cry of Sheriff Joseph Hayne, as shown by the record, was the dismissal of the action of "Josiah Smart, agent, who sues for the use of S. S. Phelps vs. Elias Orton, assumpsit. Damages $500. And now, on this day, this case came up for hearing.
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Whereupon, by the consent of parties, it is ordered by the court that this case be dismissed at the cost of defendant." He was taxed $7.521/2.
The first jury trial held in Wapello County was in the case of James Woody vs. Demps Griggsby.
There were forty cases in all on the first docket, most of them in assumpsit, which were either withdrawn, compromised or dismissed.
On the 19th of September, the clerk, by order of the court, issued nat- uralization papers to John and George Wall. These were the first persons ยท to be made American citizens in Wapello County, by a legal process. The first divorce was granted in the county in 1845, at the September term.
JUDGES WHO HAVE PRESIDED HERE
Many of the below named eminent men of the profession have gone to a court from which there is no appeal and appeared before the Supreme Judge of the Universe. Jurists of marked ability have presided over this court, namely : W. I. Babb, Henry County ; E. L. Burton, Wapello; H. B. Hendershott, Wapello; J. C. Knapp, Van Buren; C. D. Leggett, Jefferson ; J. C. Mitchell, Lucas; Cyrus Olney, Jefferson; M. A. Roberts, Wapello; Robert Sloan, Van Buren; W. H. Seevers, Mahaska; Dell Stuart, Lucas; W. D. Tisdale, Wapello; John S. Townsend, Monroe; H. Tannehill, Ap- panoose; H. H. Trimble, Davis; H. C. Traverse, Davis; M. J. Williams, Wapello; T. M. Fee, Appanoose; Frank Eichelberger, Davis; Henry L. Dashiel, Monroe, circuit judge, 1869-72.
The second district as now made up is comprised of the counties of Appanoose, Davis, Jefferson, Lucas, Monroe, Van Buren and Wapello. The judges are Frank W. Eichelberger, Bloomfield; Francis M. Hunter, Ottumwa; Charles W. Vermilion, Centerville; Dan M. Anderson. Albia.
EARLY LAWYERS
Mention has been made elsewhere in this history of the two Ottumwa lawyers who attended the first term of court; their names also have a place here. They were George May and W. H. Galbraith. H. B. Hendershott was admitted to the bar in 1841, and was not only clerk of the Federal Court, but also clerk of the District Court, holding its first term for Wapello County. He soon resigned from his official position and took up active practice of the law. He was the accepted pioneer lawyer of the Wapello County bar, and one of its distinguished members.
Hon. E. H. Stiles practiced at this bar many years and attained a very enviable position not only at home but in the state as an able advocate, a forceful, trenchant and entertaining writer and speaker. He served for years as clerk of the Supreme Court of the state.
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In addition to the men mentioned here there were in the early days R. W. Boyd, of Eddyville, and Cyrus Franklin, of Agency City, who were members of the Wapello County bar. John A. Johnston was another, who went to Montana and died there in 1900. Homer D. Ives prac- ticed at Eddyville and passed away in the midst of his usefulness. Of this coterie of lawyers were Bigham and Franklin, who have long since gone to their reward.
Of a later day were W. W. Cory, whose death occurred January 15, 1914, at Pasadena, California, and burial at Ottumwa, April 9, 1914; C. C. McIntire, deceased; E. E. McElroy, deceased, all of whom with other prominent members of the early bar are noticed in reminiscent articles by E. H. Stiles and Maj. John F. Lacey.
The present members of the Wapello County bar are as follows : William McNett, W. H. C. Jaques, D. H. Emery, M. A. Roberts, J. C. Mitchell, A. W. Enoch, A. C. and Daniel F. Steck, J. J. Smith, J. W. Lewis, W. D. Tisdale, W. A. and E. A. Work, F. M. Hunter, Seneca Cornell, George F. Heindel, M. C. Gilmore, E. G. Moon, C. W. Whitmore, J. F. Webber, Sumner Siberill, L. L. Duke, R. R. Ramsell, Joe R. Jacques, E. R. Mitchell, E. K. Daugherty, G. L. Gillies, W. W. Epps, C. G. Sparks, J. A. Lowenberg, S. E. Adler, W. S. Asbury, W. D. Davis, L. C. Hender- shott, W. H. McElroy, Walter McNett, J. W. Poston, W. W. Rankin, A. B. Williams and C. C. Maddy. In the second volume of this work extended sketches will be found of the men just mentioned.
The Ottumwa bar has been made up as a rule of men of ability, char- acter and high standing. Those worthy of special note have been given their proper place by such leaders of the Iowa bar as Maj. John F. Lacey and Hon. E. H. Stiles. What they have said in this relation is deemed sufficient for the purposes of this chapter. In 1912, Major Lacey responded to a call, to write of his recollections of the Wapello County bar, and contributed the following, which was appreciated by its members :
Wapello County has always had a large and strong bar. You ask me to say something of the old bench and bar of your county. I was going into practice as the old bar was going out, and many of them had already ceased to participate in active practice in 1865, when I was admitted to the bar.
It has been my fortune on the circuit to try a good many cases with these men, sometimes on the same and sometimes on opposite sides. Only one of the old Wapello bar still survives, Maj. A. H. Hamilton, and though mentally as vigorous as he was forty years ago he has quit work in his profession. I knew him first down in Arkansas when he was major of the gallant Thirty-sixth Iowa. At Camden, March 25, 1864, twenty-five miles away, I heard the boom of the cannon which sounded the death knell of so many brave soldiers of Iowa and Indiana, and which gave notice that Colonel Drake's fine brigade had been surrounded and captured.
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