USA > Iowa > Allamakee County > History of Winneshiek and Allamakee counties, Iowa > Part 22
USA > Iowa > Winneshiek County > History of Winneshiek and Allamakee counties, Iowa > Part 22
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
At the third election, held in August, 1852, M. B. Derrick was chosen District Clerk by 15 majority.
John D. Mckay was elected Prosecuting Attorney by 29 ma- jority; and H. K. Averill was elected Surveyor.
The fourth election was held in April, 1853, the following be- ing the officers elected:
Aaron Newell, District Clerk -- his opponents being W. F. Kimball and N. S. Gilbert.
N. S. Gilbert, Treasurer and Recorder.
H. K. Averill, County Surveyor.
J. F. Moore, Drainage Commissioner.
196
HISTORY OF WINNESHIEK COUNTY.
Acles Haven Fannon, Coroner. Mr. Fannon, whose genial, jovial face is well remembered by the people of Decorah, and who was for successive years constable up to the time of his death, not very many months ago, was born in Wythe County, Virginia, April 17th, 1800. He settled at Freeport, Winneshiek County, in 1850, and laid out the town, and for several years engaged in tavern-keeping. He was the first mail contractor to carry the mails to Decoralı. He contracted to carry the mails from Hardin to Decorah, from Decorah to Fort Atkinson, and from Lansing to Decoralı. He was elected Coroner in 1875.
At the election August 1st, 1853, 175 votes were cast. N. S. Gilbert was elected Recorder and Treasurer, without opposition, if we except three scattering votes.
James F. Moore was declared elected Sheriff, over Lewis Eddy and A. H. Fannon.
Elijah Middlebrook was elected County Surveyor. There was no opposition candidate for Surveyor.
Samuel Kendall was elected Coroner.
The newly elected Sheriff, James F. Moore, failed to . qualify, and Judge Reed, therefore, declared the office vacant, and ap- pointed Wm. F. Kimball to fill it.
Soon after the election, N. S. Gilbert suddenly left the coun- try, leaving the county without a Recorder and Treasurer. Judge Reed appointed Thos. I. Hazelett to fill the vacancy until another election. Of Mr. Gilbert, Spark's history, from which we largely gather the following records, till 1860, says:
N. S. Gilbert, the second Recorder and Treasurer of the county, was an estimable young man, possessed of great energy. He was efficient, proud spirited, and decidedly the most shrewd man called upon in early days to administer county affairs; notwithstanding that he was freely accredited, with the possession of all these qual- ifications, the tongue of scandal, soon after his induction into office, rolled him about as a sweet morsel to its taste. Mr. Gilbert was not a defaulter, nor did he desert his office intentionally, although at the time he left this was the current report. The additional crime of eloping with a Mrs. Moore, the Sheriff's wife, was charged to his account, and it is true that the parties left Decorah together, and afterwards went to St. Louis and lived as man and wife; yet at the time of their leaving Decorah, it is plain that there was no criminal intent or previous arrangement. It was in the spring of the year, and Mr. Gilbert, instead of inten- tionally deserting his office, went on a journey to St. Louis to pur- chase goods. Mrs. Moore was on her way to friends in Wisconsin, and had started on the trip with the avowed purpose of leaving her husband. Mrs. Moore defended her course on the ground of ill treatment received at the hands of Mr. Moore. While at Lan- sing waiting for a steamer, they had occasion to hold a private conference, which was interpreted, by prying parties, as a erimi-
197
HISTORY OF WINNESHIEK COUNTY.
nal intimacy. The report, at the time unfounded and untruthful, was freely circulated. Mr. Gilbert having compassion for the woman, and being ashamed to return to his home, took her under his charge. Things had come to such a crisis that they now resolved to elope, and did so, going to St. Louis.
At the April election in 1854, John McKay was re-elected School Fund Commissioner, over I. I. Stewart.
Elijah Middlebrook was elected Sheriff, by 20 majority, over James S. VanPelt.
Nelson Burdick was elected Recorder and Treasurer, over Wm. F. Kimball, by 73 majority. Mr. Burdick filled the office accept- ably. He was continued in office until 1859.
Wm. Painter was elected Drainage Commissioner.
At the sixth election, held in August, 1854, there were 262 votes cast for the office of State Representative, of which number James D. McKay received 194, and his opponent, Wm. H. Morri- son, 68. James D. McKay was declared elected.
Aaron Newell was elected Clerk of the District Court over Daniel Carrier.
Albert B. Webber was elected Prosecuting Attorney over Calvin Farnsworth.
The newly elected Prosecuting Attorney failed to qualify. The County Judge appointed Dryden Smith to fill the vacancy, and he, too, resigned. J. T. Atkins was appointed, accepted and served through the term.
In 1854 James D. McKay (who had previously been Prosecu- ting Attorney) at a District Convention called at Waukon (the district then was composed of Allamakee and Winneshiek coun- ties), was nominated for Representative, and elected. In the leg- islature he favored the "Maine Liquor Law," which was adopted by the Jowa State Legislature. In this election he ran on the Republican ticket, which was successful, not only in the district, but throughout the state, so much so that the former power held by the Democrats was wrested from them. A Republican Gov- ernor was elected in the person of James W. Grimes, and a ma- jority secured on a joint ballot in the General Assembly. He was born in Livington county, New York, on the 24th of February, 1815. Until 16 years of age he was taught the common branches of an education by his father, when he was sent to the Genesee Wesleyan Seminary, situated at Lima, New York, to be fitted for the ministry. He also studied law under James Butler, a cousin of Gen. Butler. At the age of 21 he became acquainted with Julia Stone, to whom he was married September, 1836. He im- migrated to Winneshiek County in October, 1851, and settled on the S. W. Q. of section 15, township 97, Range 7, where he still resides. He has served the public as Prosecuting Attorney and member of the Assembly.
198
HISTORY OF WINNESHIEK COUNTY.
In the seventh political contest held in the county, April, 1855, a vote was taken on the prohibitory liquor law. The result stood as follows: for the law, 167; and against it, 169.
Hon. E. E. Cooley was elected Prosecuting Attorney, over Levi Bullis, J. B. Onstine and William Bailey.
At this contest there came upon the stage as leading actors, two men who arrived here the previous year and who have been leaders in repeated political campaigns, some of them bitterly waged, and whom now stand in the front ranks as able attorneys as well as leading citizens of the county. They were Levi Bullis and Ezekiel E. Cooley. Mr. Bullis arrived here in May, 1854, and Mr. Cooley in October, of the same year.
Of the political contests in which these gentlemen were lead- ers of the opposing parties, many amusing incidents might be told over, and some exciting ones.
"Levi Bullis was born April 5, 1828, in West Plattsburg, New York. He lived in Plattsburg until 26 years of age. and there ac- quired his education. He early attended the Balston Springs Law School, and acquired a legal education. In 1853 Mr. Bullis left his old home and came to Illinois, where he remained about a year; when he was induced, by the flattering reports he received from Averill. an old schoolmate, to emigrate from there to Iowa. He reached Decorah May, 1854, and immediately commenced the practice of his profession. The first week after his arrival he tried a case and won it. Mr. Bullis was elected one of the original members of the Board of Supervisors in 1860. Although active in politics in the county, yet this is the only office he was ever elected to. It was his friends that he worked for in politics, and not himself, and not unfrequently have they succeeded through his instrumentality. Mr. Bullis is characterized with a rough ex- terior and a warm heart. He has aided more young men to posi- tion, and placed them on the road to success, than perhaps any other man in the county. He was married in 1864 to Abbie R. Dibble, of Whitehall, New York."
Mr. Bullis stands high in his profession, and is well posted in matters in general, as well. He has a large and valuable library of general literature, besides his extensive law library; has an in- teresting family, and is a devoted husband and father; is true to his friends and has many warm ones.
"Ezekiel E. Cooley was born in Victory, Cayuga county, New York, Jan. 12, 1827. He received an academic education, and at the age of 17 commenced teaching school, which occupation he followed five years. [In 1847 he emigrated to Kentucky, where he taught, and read law with Judge Trimble, and was admitted to the bar in 1849. He returned to New York, and from there emigrated to Decorah in October, 1854, where he has ever since continued the practice of his profession, with an exception of one year spent in the army. In 1857 he was elected member of the first Legislature,
199
HISTORY OF WINNESHIEK COUNTY.
under the new State constitution, and served with marked ability. He was appointed postmaster at Decorah in 1861, and held the office until he resigned, in 1863. In September, 1864, President Lincoln appointed him commissary of subsistence, with the rank of Captain of cavalry. He was brevetted Major for meritorious conduct, and was honorably discharged in November, 1865. In 1865 and 1870 he was warmly supported by the Republicans of his county for the nomination to Congress, but the other counties of his distriet carried the majority for his competitor. Mr. Cooley was married at Dubuque, in 1856, to Miss Jane M. Rhodes, then of that city. In the legal profession Mr. Cooley has few peers in Northern Iowa, and few have made themselves a better public and private record. He has ever had the interest of his city and county at heart, and has been identified with many of the enter- prises that have proved beneficial to the community in which he has so long resided."
In the latter part of 1879 Mr. Cooley was appointed by Gover- nor Gear to the position of District Judge of the Tenth Judicial District, consisting of Winneshiek, Howard, Chickasaw, Fayette, Clayton and Allamakee counties, to fill the vacancy caused by the resignation of Judge Reuben Noble. In November, 1880, he was elected to the same position for the regular term of two years. He has a beautiful home, an unusually fine library, and his social and domestic relations are of the pleasantest. He has two sons, the elder of whom, C. M. Cooley, is married to the daughter of Rev. H. B. Woodworth, for a number of years pastor of the Congregational Church in Decorah, and now lives in Dakota. Previous to his election as Judge, Mr. Cooley was elected to and discharged the office of Mayor of Decorah for two successive terms, with honor to himself and credit to the city.
The eighth election was held on the 6th of August, 1855.
Nelson Burdick was elected Recorder and Treasurer, over N. Otis, by 102 majority.
James Van Pelt was elected Surveyor, and Philip Morse, Coro- ner.
In this election there were no less than five candidates for the office of County Judge. The canvassing board returned the fol- lowing count: Joseph Gibbons had 205 votes for the office, while his opponents in the race had the following number of votes re- spectively: J. T. Atkins, 195; William Painter, 10; David Reed, 9, and N. Otis, 1.
An informality in this election caused it to be set aside, as far as Judge was concerned, and Mr. Reed was continued in office for another term of two years. The particulars are given in the pre- ceding chapter, introductory to the county seat contest.
On the Ist of April Aaron Newell resigned the office of Clerk of the District Court, and Nathaniel Otis was appointed in his stead.
200
HISTORY OF WINNESHIEK COUNTY.
In the April election of 1856 there were 816 votes polied. The only officer elected was School Fund Commissioner. There were plenty of candidates in the field willing to assume the responsi- bilities of this office, as the following list will show: J. E. B. Morgan, Elijah Middlebrook, J. P. Mckinney and Thomas Bell. J. E. B. Morgan was elected to fill the office by forty-eight ma- jority. This office was discontinued during Morgan's term.
L. Butler resigned the office of Liquor Agent on the 26th of June, 1856, to which office he had previously been appointed. The duties of this officer were to superintend the sale of liquors in the county, that is to see that no one trafficed in liquors except those who sold it for medicinal purposes. Butler's resignation was ac- cepted, and H. C. Bulis appointed to fill the vacancy, on the 30th of June, 1856. This office was discontinued at the expiration of his term.
The tenth election was held in August, 1856.
L. W. Griswold was elected Prosecuting Attorney, over S. A. Tupper.
Nathaniel Otis was elected Clerk of the District Court, over S. D. H. Hughes and G. W. Esty. Previous to this election the county had been organized into eleven voting precincts.
This election gave to Winneshiek County her first Senatorial officer, in the person of J. T. Atkins. At this date Winneshiek county was but a portion of the 34th Senatorial District, which was composed of the following counties: Winneshiek, Allama- kee, Howard, Floyd and Mitchell. The total vote of this en- tire Senatorial Distriet was 2,331,of which number J. T. At- kins received 1,599, as against 716 for Edward Ellis, his oppo- nent.
J. T. Atkins was born in Phillipstown, Worcester County, Mass., April 4, 1811. The early part of his life was spent in the Eastern States, where he followed steamboating as a vocation during the season when navigation was open, and taught school during the winter months. He received a common school educa- tion. Mr. Atkins immigrated to Indiana in 1835, where he com- menced a real estate brokerage business. In 1851 there was much talk of the "new purchase," a part of which was Winneshiek County. The Judge contracted the fever, and came to Winne- shiek County, Iowa, in the autumn of that year. Here he re- sumed his old business, that of land speculating, and also prac- ticed law for several years, but not being a resident at the county seat, he coneluded to abandon his profession and give his atten- tion solely to his speculations. October 19, 1854, he was appoint- ed Prosecuting Attorney and Enrolling Officer, by Gov. Kirkwood. He was elected County Judge, at one time, but failed to qualify. In 1867 he was chosen to represent this county in the State Legis- lature. He has for some years past been a resident of Decorah.
201
HISTORY OF WINNESHIEK COUNTY.
The first special election was held on the 10th of October, 1856. The question at stake was whether the county should vote $100,000 in aid of the Northwestern Railroad. There were 926 votes cast in favor of it, and 505 against.
The eleventh election was held in April, 1857, in which con- test James B. Smith was elected to the office of Sheriff. George N. Holway was elected to the office of County Assessor.
George N. Holway was born in Sandwich, Mass., September 29, 1826. He received his education at Sandwich and Providence. He immigrated to Iowa in 1852, and made a permanent settlement at Hesper. He soon afterward became indentified with the polit- ical affairs of the county. He was first elected County Assessor. He has been elected to the office of Treasurer, Supervisor and County Superintendent. He is now (1882) engaged in mining in one of the western territories.
James E. Simpson was elected to the office of Drainage Com- missioner.
James E. Simpson was born in New York City, August 10, 1833. He received his education in the public schools of that State. He immigrated to Allamakee County in 1855. In that county he was engaged in teaching school and surveying until the summer of 1856, when he moved to Decorah, and that winter taught the public school of the latter place. That spring he was appointed Deputy County Surveyor, in which position he con- tinued as Deputy and County Surveyor until 1860. In 1860 he was appointed Deputy Clerk under S. W. Paul. He was elected County Superintendent in 1861, which office he resigned to enter the United States service. He enlisted in Co. G, Twelfth Iowa Volunteers. He was made Orderly Sergeant, and promoted to Second Lieutenant. He resigned his lieutenancy during the sum- mer of 1862, on account of ill health. On his return home he again resumed the office of County Superintendent. In 1863 he was appointed Deputy Provost Marshal of Winneshiek County, which office he filled until mustered out of the service in 1865. In 1866 he was appointed United States Revenue Inspector of the Third Iowa District. In 1868 he was retained as one of the twenty-five United States Revenue Agents, and remained in the service until September, 1876. He was married to Mary A. Rank- in, of Frankville, in July, 1860.
Mr. Simpson was, several years ago, appointed United States Revenue Collector for this district, with headquarters at Dubuque, to which place he thereupon removed, though socially as well as in property interests he is still identified with Decorah,
L. W. Griswold resigned the office of Prosecuting Attorney, July 11, 1857. Dryden Smith was appointed to fill the office made vacant by Griswold's resignation, July 21, 1857, and was elected as Prosecuting Attorney in the October election, 1857. The fol- lowing winter this office was abolished.
202
HISTORY OF WINNESHIEK COUNTY.
The next election was held August, 1857. at which there were 894 votes cast for County Judge. L. W. Griswold was the suc- cessful candidate for this office over S. A. Tupper.
J. B. Smith was re-elected Sheriff over E. M. Farnsworth.
Nelson Burdick was re-elected Recorder and Treasurer over J. Oleson.
L. W. Ludlow was elected County Surveyor over David Gorsuch. Amos Hoag was elected Coroner over George Cooney.
There were 345 majority for the new State Constitution.
In the October election following, E. E. Cooley was elected State Representative by a majority of 512, over William F. Kimball.
Dryden Smith was elected Prosecuting Attorney by 481 major- ity, over S. A. Tupper. Dryden Smith was an Indianian. He early came to the county, and figured quite prominently in politi- cal affairs.
The spring election of 1858 was held on the 14th of April. The only county officer elected in this contest was that of Superinten- dent of Public Instruction. It was the first office of this charac- ter elected in the county, and H. C. Bulis was the man on whom this honor was conferred by the people.
Hon. H. C. Bulis was born in Chazy, Clinton County, New York, on the 14th of November, 1830. He studied medicine in Vermont, with Dr. A. C. Butler, and graduated at the Vermont Medical College, Woodstock, Vt. He came to Winneshiek coun- ty a young man, in October, 1854, and taught the first month of the second term of school that was taught in the village. Politi- cally, the doctor was a strong Clay Whig, and latterly as ardent a republican. Previous to his being elected County Superin- tendent he had been appointed commissioner for the sale of in- toxicating liquors, by Judge Reed. At the expiration of his term this office was discontinued. He was next elected a member of the Board of Supervisors, and was made its president. In 1865 he was elected State Senator, and served his constituency four years in this capacity, during which time he was elected a trustee of the lowa State University. In 1869 he was returned to the State Senate. He served one year of his second term, dur- ing which time he was elected President pro tem. by the House of Representatives. In 1871, he was elected Lieutenant Governor of the State. His thorough knowledge of parliamentary rules pe- culiarly fitted him for this new responsibility. He discharged the duties of this office honorably, efficiently and faithfully. . In August, 1876, he was appointed by President Grant a member of the Indian commission, whose duty it was to treat with the Sioux Indians for the purchase of the Black Hill sterritory. Dr. Bulis was absent five months on this mission. The object of the commission was, finally, successfully accomplished.
203
HISTORY OF WINNESHIEK COUNTY.
Dr. Bulis, was elected to the office of Mayor of Decorah, in 1880, holding that position for two successive terms, performing the duties with honor to himself and with credit and benefit to Decorah, of which he is ever an enterprising and public-spirited citizen, his wife being an active helper in every good work.
In the October election of 1858, there were 1,305 votes polled for Clerk of the District Court. S. W. Paul was declared elected to the office, over K. K. Buckman, by 190 majority.
J. E. Simpson was elected County Surveyor, over David Gorsuch. .In the elections of 1859, the following officers were elected:
Erick Anderson, Sheriff; S. W. Matteson, Clerk; T. W. Bur- . dick, Recorder and Treasurer; A. K. Averill, County Surveyor; John R. Howard, Coroner; W. F. Coleman, County Superinten- dent of Public Instruction.
In the fall election of 1860, which took place on the Tuesday after the first Monday in November, S. W. Matteson was re-elec- ted Clerk of the District Court.
With 1860 was inaugurated a.change in the administration of County affairs, a Board of Supervisors, one from each organized township, taking the place of the County Judge in these matters, in January, 1861, although the County Court continued to exist for probate and some other matters till the foundation of the Circuit Court, referred to in succeeding pages.
This Supervisor system gave place in 1870 to the County Com- missioner system, the officers still being termed, as they now are, Supervisors, of which there were three. In 1872 the number of Supervisors was increased to five, the County being divided into five districts-the number at present existing.
And as the Courts of the county form a prominent part of its history, we here briefly trace their successive Judges, completing first the roll of County Judges till that office was abolished by the organization of the Circuit Court, about the close of the year 1868.
COUNTY JUDGES.
Our previous record shows that L. W. Griswold was elected County Judge in 1857. He held the office to January 1st, 1860. His successors were as follows:
D. H. Hughes, who held the office two years, commencing Jan. 1st, 1860.
Jno. DeCow, two years, commencing Jan. 1, 1862.
G. R. Willett, four years, commencing Jan. 1, 1864.
E. Cutler assumed the office Jan. 1, 1868, and held it till the close of that year, when it gave place to the Circuit Court, (re- ferred to a little later), which attended to Probate business. The duties of the County Auditor had hitherto been performed by the County Judge, and Mr. Cutler therefore became County Auditor, ex-officio, to the end of his term and was then twice re-elected Auditor, as referred to hereafter.
13 .
204
HISTORY OF WINNESHIEK COUNTY.
DISTRICT AND CIRCUIT COURTS.
Winneshiek county is a part of the 10th judicial district, the balance of the district being comprised of Howard, Chickasaw, Fayette, Allamakee, and Clayton counties. The territories of the district and circuit courts coincide, or in other words, they have concurrent jurisdiction, in all the judicial districts throughout the State.
The District Court exercises general and original jurisdiction, both civil and criminal, where not otherwise provided, and appel- late jurisdiction in all criminal matters; and it has a general su- pervision over all inferior courts and officers in all criminal cases, to prevent and correct abuses where no other remedy is provided. One district judge elected by the people, holds court alternately at each county seat at times specified by the district and circuit judges, and a clerk of the District Court, who is ex-officio clerk, also of the Circuit Court, is elected once in two years in each county.
The Circuit Court exercises original jurisdiction concurrent with the District Court in all civil actions and special proceedings, and exclusive jurisdiction in all appeals and writs of error from inferior courts, tribunals and officers, and has a general super- vision thereof in all civil matters. All probate business is also done by the Circuit Court.
For nearly seventeen years the District Court had charge of the business now transacted by both courts. But the business here, as well as in other districts of the State, became so great as to be bur- densome and cause delay; and the 12th General Assembly enacted a law signed April 3d, 1868, creating Circuit Judges, the act tak- ing effect Jan. 1st, 1869, except that the judges should be elected in November, 1868.
The first term of District Court for this county was held in Decorah on Friday, the 9th day of July, 1852. Present-Hon. Thomas. S. Wilson, Judge; Geo. Bachel, Sheriff; and Wm. F. Kimball, Clerk; Reuben Noble, B. W. Poor, Jno. McKay, and Jno. W. Ramine were admitted to practice as attorneys. They had previously been admitted to the bar in other States. Jno. D. McKay, on application and examination was admitted for the first time to practice as an attorney and counselor-at-law. The first grand jury empanneled consisted of the following named persons: Nathan S. Gilbert, foreman; Isaac Callendar, J. H. Gilliband, Omri Emery, Rupel Dean, D. W. Carrier, Henry Mc- Swain, Wm. Campbell, Levi Moore, Adam Heckart, Wm. Clark, Lewis Eddy, Dwight Rathburn, David Frazier and Philip Howe.
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.